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11-14-2001 MinutesBOARD OF SUPERVISORS MINUTES November 14, 2001 Supervisors in Attendance: Mrs. Renny B. Humphrey, Chairman Mr. Kelly E. Miller, Vice Chrm. Mr. Edward B. Barber Mr. J. L. McHale, III Mr. Arthur S. Warren Mr. Lane B. Ramsey County Administrator Staff in Attendance: Colonel Carl R. Baker, Police Department Mr. George Braunstein, Dir., Community Services Board Mr. Craig Bryant, Dir., Utilities Ms. Jana Carter, Dir., Youth Services Dr. Billy K. Cannaday, Jr. Supt., School Board Ms. Marilyn Cole, Asst. County Administrator Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Ms. Rebecca Dickson, Dir., Budget and Management Mr. William D. Dupler, Building Official Ms. Lisa Elko, Clerk Chief Stephen A. Elswick, Fire Department Mr. Michael Golden, Dir., Parks and Recreation Mr. Bradford S. Hammer, Deputy Co. Admin., Human Services Mr. John W. Harmon, Right-of-Way Manager Mr. Russell Harris, Mgr. of Community Development Services Mr. Thomas E. Jacobson, Dir., Planning Mr Donald Kappel, Dir., Public Affairs Ms Mary Lou Lyle, Dir., Accounting Mr R. John McCracken, Dir., Transportation Mr Richard M. McElfish, Dir., Env. Engineering Mr SteYen L. Micas, County Attorney Mr. Francis Pitaro, Dir., General Services Mr. James J. L. Stegmaier, Deputy Co. Admin., Management Services Mr. M. D. ~Stith, Jr., Deputy Co. Admin., Community Development Mr. Thomas A. Taylor, Dir., Block Grant Office 01-842 ii/i4/O1 Mrs. Humphrey called the regularly sCheduled meeting to order at 3:10 p.m. 1, APPROVAL OF MINUTES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved the minutes of October 22, 2001 and October 24, 2001, as submitted. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 2, CQUNTY ADMINISTRATOR'S COMMENTS Mr. Ramsey introduced Ms. Patti Jackson, Executive Director of the James River Association to make a presentation to Mr. McHale. Ms. Jackson presented Mr. McHale with a "Guardian of the River Award" for his leadership on the James River Advisory Council and his dedication to the James River. Mr. McHale expressed appreciation to Ms. Jackson for the award and also to Mr. Peter Cleal, Ms. Kimberly Conley, Mr. Bob Dunn, Ms. Janit Potter and Ms. Pauline Mitchell for their support of James River initiatives. 3. BOARD COMMITTEE REPORTS Mr. McHale stated that he held a constituents' meeting on November 13, 2001 relative to results of the Citizen Satisfaction Survey. Mr. Warren stated that he had the opportunity to attend the Report to Top Management and tour the Ground Zero site in New York City last week and noted that the evidence of the community pulling together is an example of the strength of the country. Mr. Miller stated that he also attended the Report to Top Management and toured Ground Zero last week and described the enormity of the devastation. Mr. Barber stated that he held a constituents' meeting on November 5, 2001 relative to preparedness for terrorism. He further stated that he met and also attended the Community Services Board's annual dinner on November 8, 2001. Mr. Miller stated that he will hold a constituents' meeting on November 15, 2001 relative to zoning issues affecting the elderly. Mrs. Humphrey stated that she and Mr.. Warren will hold a joint constituents' meeting on November 19, 2001 with Attorney Tommy Baer, Honorary President of B'nai B'rith International, as guest speaker relative to the international view on terrorism. She further stated that she will be wearing a Matoaca Warriors football jersey indefinitely while the team is still competing in the State play-offs. She further stated that she attended the Civic and Progressive Action Association Matoaca Magisterial District (CAPAAMMD) meeting on November 13, 2001. When asked, Colonel Baker came forward and stated that he also had the opportunity to tour Ground .Zero last week. He further stated that, as a former employeei of the New York Police Department, his office was located! ion the 57th floor of the 01-843 11/14/01 Commission and suggested that the Commission meet with the County's auditors and also suggested that the Chairman of the Commission inform all members of the Commission relative to the audit finding. He further stated that he also met with the entire Health Center Commission on two occasions in an effort to convince them of the significant financial issues. Mr. Miller expressed concerns that there is little incentive for the Health Center Commission to hold down costs when they can return to the Board and request additional funding. He further expressed concerns that the Board has no governing power as to how the Commission spends the funding received. He stated that the Health Center Commission does not appear to be functioning properly and expressed concerns that the correct approach be taken to protect the patients and their families and indicated that he feels it may be best for the County to get out of the nursing home business altogether. Ms. Dickson continued to review FY2001 Results of Operations and stated that other revenue over the budget totaled $1,872,829 and total unspent appropriations was $10,673. She reviewed staff's recommendation for Schools to set aside funds for a one cent tax rate decrease from January-June, 2002 ($546,715). She noted that the funds would just be set aside at this point and that the Board will be requested to advertise a tax rate in late February. She continued with the recommendations for Schools including allocating $250,000 for Bailey Bridge Middle School for use in FY2002; and allocating $6,090,067 for use in FY2003 for non-recurring items. She then reviewed proposed FY2002 uses for the County including $242,285 for a one cent tax rate decrease from January-June, 2002; $350,000 for fire-breathing apparatus (partial); $500,000 for police-vehicles/cruisers; and $90,600 for furniture at Central Library. She noted that books for the Library System would be funded with money left in the Chester and LaPrade Libraries (estimate of $225,000). She reviewed EMS items totaling $276,100 that staff is recommending to be provided through the General Fund in FY2002 and noted that staff anticipates these items will be funded through revenue recovery in FY2003. She then reviewed other issues that have been identified since adoption of the FY2002 budget including $300,000 for an Environmental Management Program and $286,635 for increased expenditures in Comprehensive Services. She stated that staff is recommending that the remaining $2,646,112 be used in FY2003 for non-recurring items. She further stated that staff is also requesting a transfer of $277,000 from the Reserve for Future Capital Projects for improvements in the County Administration Building and for security enhancements at the Rogers Building and other buildings on the complex. She then reviewed General County recommendations including setting a public hearing for December 19, 2001 to consider the appropriation in FY2002 of $2,045,620 for the general fund; appropriating $490,000 for immediate use by the Health Center Commission to address accounts payable balances (to be made available at the request of the Commission); setting a public hearing for December 19, 2001 to consider the appropriation in FY2002 of $1,010,000 for the Health Center Commission to support ongoing operations (to be made available at the request of the Commission); approving a third extension of the $975,000 advance to the Health Center Commission from a repayment date of January 15, 2002 to April 1, 2003; designating $2,636,670 in revenue over the budget and $9,441 in unspent appropriations for non-recurring items for use by the County in FY2003; transferring $277,000 from the Reserve for Future Capital Projects for building improvements and security enhancements. She reviewed the Schools recommendation to designate $6,088,836 in property tax revenue over the budget and $1,232 in unspent appropriations for use in FY2003 for non-recurring items. She stated that staff has requested that departments prepare their FY2003 budgets within 01-848 11/14/01 a target as well as with a 2.5 percent addendum for items that they would forego in the event that the action needs to be taken to balance the budget. When asked, Ms. Dickson stated that, even with a one cent tax decrease, there is still $7.6 million in new funding available in FY2003 for County projects and services and $16 million in new revenue available in FY2003 for Schools, for a total of approximately $23 million. Mr. Barber expressed concerns that $7.6 million represents only 1.5 percent of the County's budget, i He requested that, prior to advertising the tax rate, staff prepare a list of items that would not be funded if the tax rate were to be lowered. He further requested that the School! Board provide a written opinion relative to a decreased tax! rate. He also requested that staff attempt to get a projection of State revenues prior to advertising the tax rate. Mr. Ramsey stated that he will send a letter to Dr. Cannaday requesting an opinion from the School Board relative to a decreased tax rate. Mrs. Humphrey expressed appreciation to Ms. Dickson for the presentation and requested that she advise the Board of any information received from the State relative to projected revenues in FY2003. She encouraged residents to shop in Chesterfield for the next 90 days. Mr. McHale stated that he is prepared to make $490,000 immediately available to the Health Center Commission, but expressed serious concerns relative to the Commission's financial situation. He further stated that he feels the Commission's regular meetings should include an agenda item relative to its financial status; indicating that it is imperative the Health Center Commission be aware of its precarious financial situation and take ownership of it. Mrs. Humphrey urged Mr. Ramsey to provide the Board with information relative to the status of the Health Center Commission's financial situation in 60 days. She expressed concerns that the Health Center Commission may have an impact on the County's bond ratings. Mr. Ramsey stated that the Board is meeting with the County's legislative delegation for dinner and suggested that a request be added to the County's legislative program that if publicly owned nursing homes hold more MediCaid patients, they should receive an increased Medicaid reimbursement rate. On motion of Mr. McHale, seconded by!Mr. Warren, the Board set the date of December 19, 2001 at 7:00 p.m. for a public hearing to consider the re-appropriation in FY2002 of $2,045,620 for the general fund purposes outlined in the papers of this Board; appropriated $490,000 for immediate use by the Health Center Commission to address accounts payable balances, to be transferred immediately at the request of the Commission; set the date of December 19, 2001 at 7:00 p.m. for a public hearing to consider the re-appropriation ini FY2002 of $1,010,000 for the Health Center Commission to support ongoing operations at the request of the Commission; approved a third extension of the $975,000 advance to the Health!Center Commission from a repayment date of January 15, 2002 tO April 1, 2003; designated $2,636,670 in revenue over the budget and $9,441 in unspent appropriations for non-recurring items for County use in FY2003; and transferred $277,000 frlom the Reserve for Future Capital Projects enhancements. for building ~rovements and security 01-849 11/14/01 And, further, the Board designated $6,088,836 in property tax revenue over the budget and $1,232 in unspent appropriations for use in FY2003 by Schools for non-recurring items. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mr. Warren excused himself from the meeting. 8.B. STREETLIGHT INSTALLATION APPROVALS On motion of Mr. Barber, seconded by Mr. Miller, the Board approved the following streetlight installations: * Meadow Glen Lane, vicinity of 3231 Cost to install streetlight: $416.39 * Intersection of Fox Hurst Drive and Abbots Ridge Court Cost to install streetlight: $77.84 Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. 8.C. APPOINTMENTS On motion of Mr. McHale, seconded by Mr. Miller, the Board suspended its rules at this time to allow simultaneous nomination/appointment of a member to serve on the Drug and Alcohol Abuse Task Force. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. O DRUG AND ALCOHOL ABUSE TASK FORCE After brief discussion, on motion of Mrs. Humphrey, seconded by Mr. McHale, the Board simultaneously nominated/appointed Ms. Tracey Allred, representing the Matoaca District, to serve on the Alcohol Abuse Task Force, whose term is effective immediately and will be at the pleasure of the Board. Ayes: Humphrey, Miller, Barber and McHale. Nays: None. Absent: Warren. Mr. Warren returned to the meeting. 8.D. CONSENT ITEMS $,D,1, SET DATES FOR PUBLIC HEARINGS 8.D,l,a, TO CONSIDER AM~NDMFNTS TO T~F ZONING ORDINANCE RELATING TO THE VIRGINIA UNIFORM STATEWIDE BUILDINC CODE/BUILDING OFFICIALS AND CODE ADMINISTRATION CODE REGULATED USES On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board set the date of December 19, 2001 at 7:00 p.m. for a public hearing to consider amendments to the zoning ordinance relating Ol-85o 11/ 4/o to the Virginia Uniform Statewid~ Building Code/Building Officials and Code Administration (VUSBC/BOCA) Code regulated uses. Ayes: Humphrey, Miller, Barber, McH~le and Warren. Nays: None. 8.D.l.b. TO CONSIDER AMENDMENTS RELATING TO NOTIFICATION OF ZONIN~ MATTERS On motion of Mr. McHale, seconded b~ Mrs. Humphrey, the Board set the date of December 19, 2001 at 7:00 p.m. for a public hearing to consider amendments relating to notification of zoning matters, i Ayes: Humphrey, Miller, Barber, McHa!le and Warren. Nays: None. 8.D.1.¢, TO CONSIDER THE FOLLOWING iTAX EXEMPTION REOUESTS (i) AFFORDABLE RESIDENCES ROCKWOOD VILLAGE: (ii) AFP CHESTERFIELD II - MARY TYL CENTER; (iii) THE KIWANIS iNCQRPQRATED FOUNDATION; A CHESTERFIELD IN CHESTERFIELD - ORDABLE RESIDENCES IN ER MCCLENAHAN CHILD CARE CLUB OF CHESTER. ND (iv) FIRST TEE On motion of Mr. McHale, seconded b~ Mrs. Humphrey, the Board set the date of December 19, 2001 at 7:00 p.m. for a public hearing to consider tax exemptioni requests for Affordable Residences in Chesterfield-Rockw~od Village; Affordable Residences in Chesterfield II - Mary Tyler McClenahan Child Care Center; The Kiwanis Club ~f Chester, Incorporated Foundation; and First Tee Chesterfieild. Ayes: Humphrey, Miller, Barber, McH~le and Warren. Nays: None. 8,D,2, ADOPTION OF RESOLUTIONS ~ 8.D.2.a. RECOGNIZlNO MATOACA VOLUNTEER FIRE DEPARTMENT FOR FIFTY YEAR~ OF VOLUNTEER ~ERVICE TO THE CITIZENS OF CHESTERFIELD COUNTY On motion of Mr. McHale, seconded bY Mrs. Humphrey, the Board adopted the following resolution: i WHEREAS, the Matoaca Volunteer Fire Department was organized in 1951 by concerned c~tizens to provide fire protection to the Matoaca community;! and WHEREAS, the Department has operated continuously since that date and is now celebrating their 50th Anniversary; and WHEREAS, over the years, many public spirited and dedicated individuals participated in serving their community through this volunteer fire company;i and WHEREAS, the Chesterfield Couhty Board of Supervisors desires to honor and recognize tlhe Matoaca Volunteer Fire Department for 50 years of dediCated service to County citizens. 0i-85i ii/i4/O1 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of past and present members of the Matoaca Volunteer Fire Department to the citizens of Chesterfield County and extends on behalf of its members and the citizens of Chesterfield County, their appreciation and congratulations on 50 years of dedicated service. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.D.2.b. RECOGNIZING MISS AMY LINDEN MOODY UPON ATTAINING On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Girl Scouts of the United States of America is an organization serving over 2.6 million girls and was founded to promote citizenship training and personal development; and WHEREAS, after earning four interest project patches, the Career Exploration Pin, the Senior Girl Scout Leadership Award, the Senior Girl Scout Challenge, and designing and implementing a Girl Scout Gold Award project; and WHEREAS, the Gold Award is the highest achievement award in Girl Scouting and symbolizes outstanding accomplishments in the areas of leadership, community service, career planning, and personal development; and WHEREAS, the Girl Scout Award can only be earned by girls aged 14-17 or in grades 9-12 and is received by less than six percent of those individuals entering the Girl Scouting movement; and WHEREAS, Miss Amy Linden Moody, Troop 927, sponsored by Grace Lutheran Church, has accomplished these high standards and has been honored with the Girl Scouts of America Gold Award by the Commonwealth Girl Scout Council of Virginia; and WHEREAS, growing through her experiences in Girl Scouting, learning the lessons of responsible citizenship, and priding herself on the great accomplishments of her Country, Amy is indeed a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors hereby extends its congratulations to Miss Amy Linden Moody on her attainment of the Gold Award and acknowledges the good fortune of the County to have such an outstanding young woman as one of its citizens. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. $,D.3, AWARD OF MULTIPLE ENVIRONMENTAL CONSULTANT ANNUAL CONTRACTS TO KCI TECHNOLOGIES, LANDMARK DESIGN GROU~, EEE CONSULTING INCORPORATED, AND CLOUGH HARBOR AND ASSOCIATES LLP On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board authorized the County Administrator to execute four separate oz-ssz annual contracts for environmental consultants with KCI Technologies, Landmark Design iGroup, EEE Consulting Incorporated, and Clough Harbor andiAssociates LLP. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. ' 8.D.4. STATE RQAD ACCEPTANCE On motion of Mr. McHale, seconded bY Mrs. Humphrey, the Board adopted the following resolution: ~ WHEREAS, the street describedi below is shown on plats recorded in the Clerk's Office Of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subq~vision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED,i that this Board requests the Virginia Department of Transportation to add the street described below to the secondary ~ystem of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. ~ AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-wa~, as described, and any necessary easements for cuts, fillsiand drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the ]Resident Engineer for the Virginia Department of Transportation. Tvee Chan=e to the Secondary System of State Hl¢~hwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Bensley Commons Blvd., @ Park Lee Apartments Addition Bensley Commons Boulevard, State Route Number: 4532 From: Je~mon Davis Hy., ( Rt. 1/301) To: .19 Mi. W ~ Je~mon Davis Hy., ( Rt. 1/301), a di{~n~ of: 0.19 miles. Right.f-way m~ was filed on 6/13~000 ~th the Offi~ Of Cle~ To Cir~it Coud in Db. 3~2; Pg. 307, ~ a wid~ of 6~1~ Ft. I And, further, the Board adopted theifollowing resolution: WHEREAS, the street describedi below is shown on plats recorded in the Clerk's Office ~f the Circuit Court of Chesterfield County; and ~ WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the street meets the requirements established by the Subdi!vision Street Requirements of the Virginia Department of TransPortation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. 01-853 11/14/01 AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chancre to the Secondary System of State Hiohwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Henrlcus Green China Cat Terrace, State Route Number: 4544 From: Osbome Rd., ( Rt. 616) To: Cul-de-sac, a distance of: 0.14 miles. Right-of-way record was filed on 8/30/2000 with the Office Of Clerk To Circuit Court in Pb. 112; Pg. 49, with a width of 44 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to § 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe ChanQe to the Secondary System of State Hiahwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: Jacobs Glenn, Section D Addition · Andrews Ridge Drive, State Route Number: 4469 From: Cindiwood Dr., ( Rt. 4429) To: Cul-de-sac, a distance of: 0,06 miles. Right-of-way record was filed on 5/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 83, with a width of 40 Ft. · Cindiwood Drive, State Route Number: 4429 From: 0.03 Mi. S of Jacobs Bend Dr., ( Rt. 4420) To: Phildavid Ct., ( Rt. 4433), a distance of: 0.04 miles. Right-of-way record was filed on 5/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 83, 01-854 with a width of 40 Ft. · Cindiwood Drive, State Route Number: 4429 From: Phildavid Ct., ( Rt. 4433) To: Cindiwood Tr., ( Rt. 4434), a distance of: 0.07 miles. Right-of-way record was filed on 5/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 83, with a width of 40 Ft. · Cindiwood Drive, State Route Number: 4429 From: Cindiwood Tr., ( Rt. 4434) To: Andrews Ridge Dr., ( Rt. 4469), a distance of: 0.07 imiles. Right-of-way record was filed on 5/12/2000 with the Office Of Clerk To Circu t Court in Pb. 110; Pg. 83, with a width of 40 Ft. · Clndiwood Terrace, State Route Number: 4434 From: Cindiwood Dr., ( Rt. 4429) To: Cul-de-sac, a distance of: 0.05 miles. Right-of-way record was filed on 5/12/2000 with the Office Of Clerk To Ci with a width of 40 Ft. · Phlldavid Court, State Route Number: 4433 From: Cindiwood Dr., ( Rt. 4429) To: Cul-de-sac, a distance of: 0.06 miles. rcuit Court in Pb. 110; Pg. 83, Right-of-way record was filed on 5/12/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 83, with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the street described below is shown on plats recorded in the Clerk's Office o[ the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer f~r the Virginia Department of Transportation has advised this B~ard the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transp6rtation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Reisident Engineer for the Virginia Department of Transportatioh. Tyrm Chanae to the Secondary System of State Hlahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.t-229 Project: Jessup Meadows, Section C and a portion of Section B · Zion Ridge Terrace, State Route Number: 5277 From: Zion Ridge Dr., ( Rt. 5275) 0i-855 ii/i4/oi To,' Cul-de-sac, a distance of: 0.18 miles. Right-of-way record was filed on 6/16/2000 with the Office Of Clerk To Circuit Court in Pb.111; Pg. 50 with a width of 40 Ft. Right-of-way record was filed on 4/06/1998 with the Office Of Clerk To Circuit Court in Pb. 98 Pg. 16 with a width of 40 Ft. And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on plats recorded in the Clerk's Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of VirgiDi~, and the Department's Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chanae to the Secondary System of State Hic~hwavs: Basis for Change: Addition, New subdivision street Statutory Reference: §33.`1-229 Project: Bayhill Pointe, Section 9 From: To: Additiorl Battlecreek Drive, State Route Number: 5013 0.28 Mi. SE of Bay Knolls TI. ( Rt. 5014) Hillcreek Dr., ( Rt. 5016), a distance of: 0.14 miles. Right-of-way record was filed on 8/26/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 43, with a width of 70-75 Ft. · Battlecreek Drive, State Route Number: 50'13 From: Hillcreek Dr., ( Rt. 5016) To: 0.03 Mi. SE of Hillcreek Dr., ( Rt. 5016), a distance of: 0.03 miles. Right-of-way record was filed on 8/26/1994 with the Office Of Clerk To Circuit Court in Pb. 85; Pg. 43, with a width of 70-75 Ft. · Baymill Court, State Route Number: 4493 From: Hillcreek Dr., ( Rt. 5016) To: 0.03 Mi. E of Hillcreek Dr., ( Rt. 5016), a distance of: 0.03 miles. Right-of-way record was filed on 5/4/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 81, with a width of 50 Ft. · From: To: Hillcreek Drive, State Route Number: 5016 Battlecreek Dr., ( Rt. 5013) Longfellow Dr., ( Rt. 5067), a distance of: 0.04 miles. 01-856 [~/~4/0~ Right-of-way record was filed on 5/4/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 81, with a width of 50 Ft. Hillcreek Drive, State Route Number: 5016 From: Longfellow Dr., ( Rt. 5067) To: Baymill Ct., ( Rt. 4493), a distance of: 0.08 miles. Right-of-way record was filed on 5/4/2000 with the Office Of Clerk To CirCuit Court in Pb. 110; Pg. 81, with a width of 50 Ft. Hillcreek Drive, State Route Number: 5016 From: Baymill Ct., ( Rt. 4493) To: Point Trace Ct., ( Rt. 4494), a distance of: 0.11 miles. Right-of-way record was filed on 5/4/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 81, with a width of 50 Ft. · HIIIcreek Drive, State Route Number: 5016 From: Point Trace Ct., ( Rt. 4494) To: 0.02 Mi. N of Point Trace Ct., ( Rt. 4494), a distance of: 0.02 miles. Right-of-way record was filed on 5/4/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 81, with a width of 50 Ft. · Longfellow Drive, State Route Number: 5067 From: 0.04 Mi. SE of Point Pladd Dr., ( Rt. 5064) 1o: Hillcreek Dr., ( Rt. 5016), a distance of: 0.06 miles. Right-of-way record was ~od on 5/4/2000 with the Office Of C~erk To Circuit Court in Pb. 110; Pg. 81, with a width of 50 Ft, · Longfellow Dflve, State Route Number: 5067 From: Hillcreek Dr., ( Rt. 5016) i To: 0.02 Mi. SE of Hillcreek Dr., ( Rt. 5016), a distanceiof: 0.02 miles. Right-of-way record was filed on 5/4/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 81, with a width of 50 Ft. · Point Trace Court, State Route Number: 4494 From: Hillcreek Dr., ( Rt. 5016) To: Cul-de-sac, a distance of: 0.04 miles. RIght~hway record was filed on 5~D000 with the Office Of Clerk To Cimuit Court in Pb. 110; Pg. 81, with a width ~ 50 Ft. ~ And, further, the Board adopted the ifollowing resolution: WHEREAS, the streets describedibelow are shown on plats recorded in the Clerk's Office 6f the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdi!vision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to ~ 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements. 01-857 11/14/01 BE IT FURTHER RESOLVED, that this Board guarantees a unrestricted right-of-way, as described, and any easements for cuts, fills and drainage. AND, clear and necessary AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Tvoe Chanae to the Secondary Svstam of State Hiahwavs: Addition Basis for Change: Addition, New subdivision street Statutory Reference: §33.1-229 Project: St. James Woods, Section G · Duxbury Court, State Route Number: 6068 From: Explorer Dr., ( Rt. 3998) To: Cul-de-sac, a distance of: 0.12 miles. Right-of-way record was filed on 3/31/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 17-18, with a width of 40 Ft. · Duxbury Place, State Route Number: 6067 From: Explorer Dr., ( Rt. 3998) To: Cul-de-sac, a distance of: 0.08 miles. Right-of-way record was filed on 3/31/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 17-18, with a width of 40 Ft. · Explorer Court, State Route Number: 6065 From: Explorer Dr., ( Rt. 3998) To: 0.02 Mi. W of Explorer Dr., ( Rt. 3998), a distance of: 0.02 miles. Right-of-way record was filed on 3/31/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 17-18, with a width of 40 Ft. · Explorer Drive, State Route Number: 3998 From: Lucks Ln., ( Rt. 720) To: Explorer Ct,, ( Rt. 6065), a distance of: 0.03 miles. Right-of-way record was filed on 3/31/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 17-18, with a width of 60 Ft. · Explorer Drive, State Route Number: 3998 From: Explorer Ct., ( Rt. 6065) To: Duxbury Ct., ( Rt. 6068), a distance of: 0.06 miles. Right-of-way record was filed on 3/31/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 17-18, with a width of 60 Ft. · Explorer Drive, State Route Number: 3998 From: Duxbury Ct., ( Rt. 6068) To: Nevis Dr., ( Rt. 6069), a distance of: 0.07 miles. Right-of-way record was filed on 3/31/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 17-18, with a width of 50 Ft. · Explorer Terrace, State Route Number: 6066 From: Explorer Dr., ( Rt. 3998) To: 0.02 Mi. E of Explorer Dr., ( Rt. 3998), a distance of: 0.02 miles. Right-of-way record was filed on 3/31/2000 with the Office Of Clerk To Circuit Court in Pb. 110; Pg. 17-18, 01-85@ ll/14/01 with a width of 40 Ft. Nevis Drive, State Route Number: 6069 From: Explorer Dr., ( Rt. 3998) To: Cul-de-sac, a distance of: 0.16 miles. Right-of-way record was filed on 3/31/2000 with the Office Of Clerk To (3 rcu t Court in Pb. 110; Pg. 17-18, with a width of 50 Ft. Nevis Drive, State Route Number: 6069 From: Explorer Dr., ( Rt. 3998) To: 0.02 Mi. W of Explorer Dr., ( Rt. 3998), a distance ~f: 0.02 miles. Right~hway re.rd was filed on 3/31/2000 with the Office Of Cle~ To ~r~it Bud in Pb. 110; Pg. 17-18, with a width of 50 Ft. i Ayes: Humphrey, Miller, Barber, McH~le and Warren. Nays: None. , 8.D.5. APPROVAL OF CHANGE ORDERS 8.D.5.a. FOR GRESHAM SMITH AND PAR~'NERS FOR CONSTRUCTION ADMINISTRATION SERVICES DI~ING THE CONSTRUCTIQN OF THE ADDITION AND RENOV~,TION OF THE EXISTING PORTION OF THE CHE~TERFIEI,D AIRPQRT TERMINAL BUILDIN~ On motion of Mr. McHale, seconded b~ Mrs. Humphrey, the Board authorized the County Administrator|to execute a change order to the architectural contract with Gresham Smith and Partners in the amount of $87,890 for construction administration services during the construction of the addition and renovation of the existing portion of the Ches!~erfield Airport Terminal Building. Ayes: Humphrey, Miller, Barber, McHs Nays: None. 8,D,5,b, FOR CH2M HILL CQNTRACT F¢)~ PLAN FOR THE SWIFT CREEK On motion of Mr. McHale, seconded b~ approved a change order to the cont amount of $56,683.12 for additional implementation of the Watershed Mans Creek Reservoir Watershed, and tr~ Environmental Engineering operating k le and Warren. . THE WATERSHED MANAGEMENT ,ESERVOIR WATERSHED · Mrs. Humphrey, the Board 'act with CH2M Hill in the services to assist with gement Plan for the Swift tnsferred funds from the ,udget to cover the cost of the change order. Ayes: Humphrey Miller Barber McHhle and Warren. Nays: None. $,D,6, ACCEPTANCE OF PARCELS OF LAND ~,D.6.a. FOR IMPROVEMRNTS TO WADEB~IDGE ROAD FROM PHILLIP W. DEAN AND LYNN M. DEAN On motion of Mr. McHale, seconded bY Mrs. Humphrey, the Board accepted the conveyance of two parcels of land containing a total of 0.068 acres adjoining the south and east right of way lines at the terminus of Wadebridgei Road, and authorized the County Administrator to execute the necessary deed. (It is 01-859 11/14/01 noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.D.6.b. ALONG THE SOUTH RIGHT OF WAY LINE OF HULL STREET ROAD AND WEST RIGHT OF WAY LINE OF SPRING RUN ROAD FROM BONEY WILSON AND SONS, INCORPORATED On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board accepted the conveyance of parcels of land containing a total of 0.879 acres, along the south right of way line of Hull Street Road and west right of way line of Spring Run Road from Boney Wilson and Sons, Incorporated, and authorized the County Administrator to execute the necessary deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8 .D.7. DESIGNATION OF RIGHT OF WAY AT CHALKLEY ELRMENTARy SCHOOL After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board designated 0.303 acres of County property as public right of way for future road improvements at Chalkley Elementary School, and authorized the County Administrator to execute the necessary Declaration. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.D.8. TRANSFER OF DISTRICT IMPROVEMFNT FUNDS 8.D.8.a. FROM THE BERMUDA DISTRICT IMPROVE~RNT FUND TO TW~ PARKS AND RECREATION DEPARTMENT 8.D.8.a.1. TO INST~LL A PLAYGROUND AT THE COUNTY-OWNED "LOWES SOCCER COMPLEX" On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $1,000 from the Bermuda District Improvement Fund to the Parks and Recreation Department to install a playground at the County-owned "Lowes Soccer Complex." Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.D.8.a.2, FOR RENTAL OF A TENT AND CHAIRS AT BENSLEY PAR~ FOR THE VETERANS DAY CEREMONY After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board transferred $400 from the Bermuda District Improvement Fund to the Parks and Recreation Department to rent a tent and chairs for use at the Veterans Day ceremony at Bensley Park. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 8.D.8.b. FROM THE MIDLOTHIAN DISTR] THE SCHOOL BOARD TO DEFRA] BOARD AT ROBIOUS MIDDLE On motion of Mr. McHale, seconded by transferred $2,500 from the Midlot! Fund to the School Board to defray t CT IMPROVEMENT FUND. TO ' THE ¢0ST OF A READER HOOT, Mrs. Humphrey, the Board ian District Improvement he cost of a reader board at Robious Middle School. ~ Ayes: Humphrey, Miller, Barber, McHa!le and Warren. Nays: None. 8.D.9. DONATION OF SURPLUS 911 EQUIPMENT TQ T~ CITY OF PETERSBURG i After brief discussion, on motion o~ Mr. McHale, seconded by Mrs. Humphrey, the Board approved th~ donation of surplus 911 equipment to the City of Petersburg.~ Ayes: Humphrey, Miller, Barber, McHa~e and Warren. Nays: None. 8.D.10. APPROPRIATION QF FUNDS FOR THE HALLQWAY AVENUE SIDEWALK ENHANCEMENT PROJECT, PHASE II On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board appropriated $220,000 in anticipate~ Virginia Department of Transportation (VDOT) reimbursements for the Halloway Avenue Sidewalk Enhancement Project, Phase ~I. Ayes: Humphrey, Miller, Barber, McHa~e and Warren. Nays: None. HEARINGS OF CITIZENS ON UNSCHEDU I~R, ROGER GOAD AND MR, DON BALZER CONCERNING DEVELOPMENT OF A ROAD SQUTM~RN END OF BRANCHWAY ROAD AN ROAD 5ED MATTERS OR CLAIMS WILL ADDRESS THE BOARD ~ONNECTION BETWEEN THE NORTHBOUND COURTHOUSE Mr. Roger Goad stated that he worksi in the Branchway Office Park in the Midlothian District. support and funding of an access co~ with northbound Courthouse Road a expressed concerns that the employee have access to their businesses thro~ intersection of Southlake Boulevard stated that, according to Virginia Del (VDOT) records, there were six accide~ He requested the Board's ?ridor developed directly nd Branchway Road. He of the office park only .gh the busy, uncontrolled and Branchway Road. He )artment of Transportation ~ts with four injuries and $28,000 in estimated property damage at the intersection from January through July 2001. He furthe~ stated that his daughter was involved in an accident at the lintersection less than a month ago while attempting to make 91 left turn. He expressed concerns that the businesses are in jeopardy each time the intersection is blocked by an accident. He noted that employees will turn right and drive two miles out of their way because of fear to make a left hand 'tUrn off of Branchway Road. He expressed concerns that the access was not constructed as a result of new development as the businesses were led to believe through the zoning process. He also requested that VDOT consider installing a left turn arrow at the southbound 01-861 11/14/01 Courthouse Road traffic light at the intersection of Southlake Boulevard in order to allow those using the alternative route to make a safe u-turn to head south on Courthouse Road. He then introduced Mr. Don Balzer to outline the proposed project. Mr. Balzer referenced the Super Radiator zoning case where 150 additional parking spaces were added for employees who use the access and stated that during discussions relative to the zoning case, staff indicated that funds were available from the Courthouse Road project to address the access issue, but the access project has not come to fruition. He expressed concerns with the increasing number of people who use the access daily. He stated that he would like to have a right£in and a right-out of Branchway Road so that as you leave the right-out you could swing into the left turn lane of the intersection and then have a u-turn movement there so that you could head south on Courthouse Road. He further stated that this would be much safer for the employees of the office park. When asked, Mr. McCracken stated that the project is estimated to cost $100,000 -- $50,000 for construction and $50,000 for utility relocation, if necessary. He further stated that the concept has been discussed for some time and would be fairly simple to implement. He stated that staff supports the project. Discussion ensued relative to the availability transportation cash proffer funds in the area. of Mr. Barber stated that he is willing to share in the cost using community enhancement funds even though the office park is now located in the Clover Hill District. Mr. Balzer stated that his firm would donate time to prepare engineering plans and submit them to the Virginia Department of Transportation and the County. Mr. Warren requested that Mr. Balzer submit the plans and have Mr. McCracken bring a recommendation to the Board as to how the project can be completed. Mr. Balzer expressed appreciation to the Board for their consideration of Mr. Goad's and his request. REPORTS On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved a status report on the General Fund Balance, Reserve for Future Capital Projects, District Improvement Funds and Lease Purchases. And, further, the Board accepted the following roads into the State Secondary System: LENGT~ AMSTEL BLUFF. SECTION D (Effective 10/25/01) Highcrest Ridge Drive (Route 4552) - From Bluff Ridge Drive (Route 3958) to Swiftrock Ridge Drive (Route 4553) 0.10 Mi Swiftrock Ridge Court (Route 4554 Swiftrock Ridge Drive (Route 4553 - From to Cul-de-sac 0.05 Mi Swiftrock Ridge Drive (Route 4553 Highcrest Ridge Drive (Route 4552 - From to Swiftrock 01-862 11/14/01 Ridge Court (Route 4554) Swiftrock Ridge Drive (Route 4553 Swiftrock Ridge Court (Route 4554 Ridge Place (Route 4555) From Swiftrock Swiftrock Ridge Place (Route 4555 ~ From Swiftrock Ridge Drive (Route 4553) ~o Cul-de-sac MEADOWBROOK FARMS, SECTION G I Country Manor Lane (Route 4560) - F~om 0.03 Mile West of Victoria Park Trail (R~ute 4565) to Ironhorse Road (Route 4568) I Country Manor Lane (Route 4560) - Fmom Ironhorse Road (Route 4568) to Cul-de-sac Ironhorse Court (Route 4569) - From Ironhorse Road (Route 4568) to Cul-de-sac Ironhorse Road (Route 4568) - From Country Manor Lane (Route 4560) to Ironhorse Court, (Route 4569) Ironhorse Road (Route 4568) - From Cbuntry Manor Lane (Route 4560) to Cul-de-sac Victoria Park Way (Route 4551) - From Country Manor Lane (Route 4560) to Cul-de-sac RIVER'S TRACE. SECTION A (Effective 10/29/01) 0.07 Mi 0.20 Mi 0.05 Mi 0 03 Mi 0 04 Mi 0 03 Mi 0 13 Mi 0 03 Mi 0 08 Mi Corte Castle Road (Route 4757) - Fro~ 0.07 Mile East of Pypers Pointe Drive (Route 4956) to Devlin Drive (Route 4443) Corte Castle Road (Route 4757) Fron Devlin Drive (Route 4443) to Cul-de-sac Devlin Drive (Route 4443) - From Corze Castle Road (Route 4757) to Cul-de-sac TURNBERRY LANE. SALISBURY VILLAGE T.O'~NHOUSES (Effective 10/18/01) i Turnberry Lane (Route 4384) - From Pagehurst Drive (Route 4970) to Winterfield Drive (ROute 714) 0.08 Mi 0.O5 Mi 0.16 Mi 0.14 Mi Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 11. CLOSED SESSION PURSUANT TO SEC'rION 2.2-3711(A) (7), CODE OF VIRGINIA, 1950, AS AMEi.gDED, FOR LEGAL ADVICE BY COUNSEL INVOLVING CHIPPENH~ AND JOHNSTON-WILLIS HOSPITALS, INCORPORATED v, PETBRSQN, ET AL. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board went into a Closed Session pursuant ~o Section 2.2-3711(A) (7), Code of Virginia, 1950, as amended, f~r legal advice by counsel involving Chippenham and Johnston-Willis Hospitals, Incorporated v. Peterson. et al. Ayes: Humphrey, Miller, Barber, McHa%e and Warren. Nays: None. 01-863 11/14/01 Reconvening: On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member's knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in the Closed Session to which this certification applies, and ii) only such public business matters as were identified in the Motion by which the Closed Session was convened were heard, discussed, or considered by the Board. No member dissents from this certification. The Board being polled, the vote was as follows: Mr. McHale: Aye. Mr. Warren: Aye. Mr. Barber: Aye. Mr. Miller: Aye. Mrs. Humphrey: Aye. Mr. Barber stated that he serves on one of several Boards of Directors of the Bon Secours network with no compensation, and indicated that he was advised by the County Attorney that this did not represent a conflict under the Virginia Conflict of Interest Act; therefore, he participated in the Closed Session. 12. D IA~NER There was general discussion of the County's proposed legislative program including a Charter change that must be scheduled for a public hearing prior to the General Assembly session. On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board recessed to the Administration Building, Room 502, for a dinner meeting with members of the County's legislative delegation. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Reconvening: Mrs. Humphrey welcomed the members delegation and introductions were made. of the legislative Mr. Ramsey reviewed magisterial district changes as a result of the County's redistricting. He then reviewed 2000 Census information and stated that the County's growth increased 48 percent from 1980 to 1990 and 24 percent from 1990 to 2000. He reviewed County population projections by age and stated that significant growth is projected for age 50 and over. He stated ol-864 11/14/Ol that the County's racial mix is changing and indicated that the overall minority population is slig!htly over 20 percent. He further stated that minority growth is spreading throughout the County rather than being concentrated in one area. He stated that family sizes are changing and housing vacancy rates have steadily declined. He further stated that results of the 2001 Citizen Satisfaction Survey indicated that 92 percent of County citizens believe the County has a good/excellent overall rating of quality of life and citizens also felt the County had exemplary performance in the areas of a place to raise children, Fire and E.M.S. services! and Utilities Department services. He stated that the citizens indicated the best reasons for living in County are convenient location, schools, suburban life, safety and affordable housing. He further stated that the survey indicated that the biggest opportunities faced by the County include traffic~congestion, rapid growth, spillover crime, schools and drugs and noted that the greatest opportunities include overall cleanliness of the County, highway congestion and access to Richmond Airport. He then introduced Ms. Curtin to review the 2002 draft legislative program. Ms. Curtin stated that the County's 2002 draft legislative program has been designed to address concerns expressed by citizens through the Citizens Satisfaction Survey. She further stated that one of the County's legislative priorities is to protect its revenue base, including requests relative to commitment for State appropriations for salary increases for State-supported local employees, teachers, House Bill 599 funding and ABC profits. She stated that another County priority is managing growth, with requests relative to protection of the County's current cash proffer authority; consideration of impact fees; a County Charter amendment relative to substantial accord review of public facilities; and changes to existing vested rights law. Discussion, questions and comments ensued relative to the interpretation of the current vested rights legislation. Mr. Micas stated that current legislation makes it difficult for developers to make changes to the remaining undeveloped part of their property because of existing vested rights in the original zoning by other property owners. He further stated that the County wants to be able to help the developer modify zoning on their property as circumstances change. After brief discussion, Senator Watkins stated that he would request an Attorney General's opinion relative to the exsting vested rights legislation. Ms. Curtin stated that another legislative priority is to maintain the quality of life in the County and requests include granting summons authority for zoning inspectors and creating a property inspection program to prevent deterioration/blight. Discussion ensued relative to problems with prosecuting zoning violations and issues that might arise with a property inspection program to prevention deterioration/blight. Senator Watkins stated that he does not disagree with the intent of a property inspection program, but feels it might completely undercut the ability to resell anything in the County. Ms. Curtin reviewed legislative congestion concerns including fundl Transit and appropriations to el Parkway Extension. There was brief discussion relative Chesterfield Link. luests to address traffic lng for Chesterfield Link .minate tolls on Powhite to sources of funding for 01-865 11/14/01 Ms. Curtin then reviewed other requests including a study resolution to look at increasing Medicaid reimbursement rates for Community Services Boards; State reimbursement for the Juvenile Detention Home; continuing the car tax phase out; and appropriating Medicaid funds for nursing homes with a large percentage of indigent clients. Mr. Ramsey stated that, as a public nursing home, Lucy Corr has a much higher percentage of Medicaid patients than a private nursing home. He further stated that the Board feels it would be appropriate for the State to consider an increased reimbursement rate for public nursing homes with large Medicaid patient loads. Delegate Hall requested that staff research this issue in an effort to substantiate that it is an across the board problem for all public nursing homes. Discussion ensued relative to maintaining cash proffers and the request for impact fee authority. Mr. Barber stated that he does not feel the Board is favorable to switching from cash proffers to impact fees. Mr. Ramsey stated that there are still 20,000 lots in the County that have received zoning but are not covered by cash proffers. Senator Watkins stated that there may be a substantial change at the 2002 General Assembly relative to sharing of ABC profits. He suggested that the County research the values of those retail operations in terms of business license tax, sales tax, real estate tax, etcetera. Discussion ensued relative to various potential transportation projects and also to funding of an on-campus dormitory project for Virginia State University. Discussion ensued relative to the proposal for by-right placement of multi-sectional manufactured housing in all residential zoning districts and the necessity for affordable housing. Mr. Ramsey stated that he will provide the legislative delegation with information relative to affordable housing in the County. He noted that the County has more mobile homes than all of the other jurisdictions in the Richmond Metropolitan area combined. Congressman Cox requested the Board's Legislative Audit Review Commission construction funding for highways. input on the Joint (JLARC)'s study on It was generally agreed to recess to the Public Meeting Room to continue the regularly scheduled meeting. Reconvening: 13. INVOCATION Reverend Clarence Martin, Pastor of the Upper Room Chapel gave the invocation. 0 -866 zz/z4/oz 14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Members of Boy Scout Troop 893, sponsored by Saint Edward's Catholic Church, led the Pledge of Allegiance to the flag of the United States of America. 15. RESOLUTIONS AND SPECIAL RECOGNITIONS RECOGNIZING SENIOR BATTALION~CHIEF DAVID C. CREASYo SR., CHESTERFIELD FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Deputy Fire Chief Paul Mauger introduced Senior Battalion Chief David Creasy who was present to receive the resolution. On motion of the Board, the following resolution was adopted: WHEREAS, Senior Battalion Chief David C. Creasy, Sr., retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on November 1, 2001; and WHEREAS, Chief Creasy attended Recruit School Number Four in 1974 and has faithfully served the County for over twenty- seven years in various assignments, as a Firefighter and Fire Lieutenant at the Ettrick Fire Station; Fire Instructor in the Safety and Training Division; Supervisor in the Emergency Communication Center, Fire Inspector,i Fire Investigator, Deputy Fire Marshal and Fire Marshal in the Fire and Life Safety Division; and Regional Commander and Senior Battalion Chief in the Emergency Operations Division; and WHEREAS, Chief Creasy, in 1975, took it upon himself to attend training and obtain certification as a Scuba Diver, then proceeded to be one of the founding members of the Chesterfield Fire Department Scuba Team; and WHEREAS, Chief Creasy was recognized in 1976 as Chesterfield Fire Department's Outstanding Firefighter of the Year, and recognized in 1983 as the Chesterfield Fire Department's Employee of the Year; and WHEREAS, Chief Creasy attained numerous certifications from the Virginia Department of Fire Programs during his career, including Firefighter II, Fire Instructor III, Hazardous Materials Operations, Fire Officer I, Fire Inspector II and Fire Investigator II; and WHEREAS, Chief Creasy is a registered Emergency Medical Technician, a Virginia Certified Fire Official through the State Board of Housing and Community Development, and is internationally certified as a Fire Investigator through the International Association of Arson Investigators; and WHEREAS, Chief Creasy worked as a dependable employee for over twenty-seven years including using no sick leave in 1976 and 1990; and WHEREAS, Chief Creasy has worked as a team member on six National Association of Countiesl Awards and the Senate Productivity Award, and received a Unit Citation Award for Exemplary Service and Commendable Performance of Duty during department operations at the Old BUckingham Apartments fire; and ,I 01-867 11/14/01 WHEREAS, Chief Creasy secured the first Richmond Metro Fire Investigation Agreement and developed and maintained a fire department history exhibit within the County Museum. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes Senior Battalion Chief David C. Creasy, Sr. and extends, on behalf of its members and the citizens of Chesterfield County, appreciation for his dedicated service to the County, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Chief Creasy, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented the executed resolution and a Jefferson Cup to Chief Creasy, accompanied by members of his family and Chief Mauger, expressed appreciation for his dedicated service to the County, and wished him well in his retirement. Chief Creasy expressed appreciation to the Board for the recognition and stated that it has been a privilege to serve the citizens of Chesterfield County. Chief Creasy received a standing ovation. 15 .B. RECOGNIZING THE 2001 Cw~STERFIELD BASEBAT.?. CLUB~ NATIONAL PONY TEAM FOR ITS OUTSTANDING ACCOMPLIS~ENTS AND SPORTSMANSHIP Mr. Hammer introduced Mr. Richard Worcester, Commissioner of Chesterfield Baseball Clubs. Mr. Worcester introduced Mr. Mark Mitchell, Mr. Rob Filegar and Mr. Tim Grider, coaches of the 2001 Chesterfield Baseball Clubs National Pony Team, and also introduced members of the team. On motion of the Board, the following resolution was adopted: WHEREAS, participation in sports has long been an integral part of Chesterfield County's educational, physical, and emotional development for students; and WHEREAS, the 2001 Chesterfield Baseball Clubs National Pony Team, coached by Mr. Mark Mitchell, Mr. Rob Filegar and Mr. Tim Grider participated and finished First Place in the District Tournament, Sectional Tournament, Regional Tournament and the East Coast Zone Tournament; and WHEREAS, by winning the East Coast Zone Tournament, the team advanced to the Pony Baseball's World Series in Washington, Pennsylvania, a tournament consisting of teams from California, Illinois, Pennsylvania, Puerto Rico, Texas, Chinese Taipei, and Virginia, where the team finished as the American Champion and World Series Runner-up; and WHEREAS, under the guidance and direction of Mr. Mitchell, Mr. Filegar and Mr. Grider, the team had an overall won-lost record of 19-4 and included players: Zac Abrahamson, Alan Buford, Ryan Filegar, Zac Gregory, Willie Grider, Danny Hunter, Chris Jackson, Mark Krakoviak, Eric Laidlow, Rusty Linville, Spencer Marusco, Sean Mitchell, Dallas Wagner and Josh Windom. 01-s6s 11/14/01 NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the 2001 Chesterfield Baseball Clubs National Pony Team for their outstanding representation of Chesterfield County, commends them for their commitment to excellence in academics as well as athletics, and expresses their best wishes for continued success. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Mrs. Humphrey presented executed resolutions to Coaches Mitchell, Filegar and Grider and also to members of the 2001 Chesterfield Baseball Clubs National Pony Team, congratulated them on an excellent season, and wished them continued academic and athletic success. 16. PUBLIC HEARINGS 16 .A, TO CONSIDER A ZONING ORDINANCE AMENDMENT RELATING TO MANUFACTURED HOME PARK DISTRICTS Mr. Jacobson stated that this date and time has been advertised for a public hearing to consider a zoning ordinance amendment relating to manufactured home park districts. He reviewed objectives of the project including improving mobile home park living conditions and revitalizing the surrounding community. He then reviewed four elements of the project including pro- active Code enforcement; amending MH-1 zoning requirements; creating new MH-3 Zoning District; and addressing substandard mobile home parks. He stated that most of the parks in the County were built and developed before the County adopted zoning standards that addressed manufactured home parks. He further stated that staff and the Planning Commission negotiated changes to the current standards as they are proposed to apply to existing parks. He stated that the larger parks already meet a number of the standards, but indicated that other parks meet substantially less standards. He noted that some parks have severe health, safety and welfare issues. He stated that staff is proposing to change and eliminate some of the MH-1 standards as these standards will be applied to homes moved into existing parks, and adopting new standards (MH-3) for any new parks established in the County. He reviewed recommendations to amend MH-1 standards including improvements to be made as homes are replaced; individual home standards will be applied as homes are moved; and park wide standards will be implemented over time as a significant number of units are replaced. He then reviewed highlights of the new MH-3 District and the two phases proposed for the substandard mobile home strategy. He stated that the Planning Commission and staff recommends approval of the proposed ordinance and substandard mobile home strategy. When asked, Mr. Jacobson stated that the County has more manufactured homes than all the other jurisdictions combined in the entire Richmond Metropolitan area. He further stated that there has been a significant reduction in the number of mobile homes in the past ten years. Mr. Jack Cullather, President of SUburban Village which owns Suburban Mobile Home Park, statedl that the purpose of new zoning legislation should be to ~ddress health and safety issues which affect County citizens. He referenced a legal decision by the Emporia Circuit Court relative to manufactured home standards and requested that the Board defer consideration of the ordinance for 60 days until the supreme court's decision on the appeal can be reviewed by the County Attorney. He 01-869 11/14/01 suggested that staff prepare an impact study on how the proposed ordinance will affect the seven parks that are ten acres or larger. He stated that the impact study would determine whether the ordinance would create a material default under the property owners' deed of trust and, if so, the monetary cost of the default. Mr. John Easter, representing Greenleigh Manufactured Home Park, stated that he does not feel the County has the authority to apply new standards to existing manufactured home parks. He expressed two concerns with the proposed ordinance including the requirement for two park access points and the ten foot setback requirement from internal streets. When asked, Mr. Easter stated that the Planning Commission proposed a ten-foot setback of the mobile home from the edge of the internal street, but the hitch would be permitted to penetrate into that ten-foot setback. He further stated that he has requested that the language be changed to a flat five- foot setback which would assist with the flexibility of bringing in new homes. There being no one else to speak to the ordinance, the public hearing was closed. When asked, Mr. Jacobson stated that, although the larger parks are in better condition, the proposed standards will affect them as well. Discussion ensued relative to the case pending before the Supreme Court of Virginia involving the Town of Emporia. Mr. Micas stated that the Town of Emporia tried to impose new standards when a mobile home was moved off of a site and the local Circuit Court ruled against this action. He further stated that it is difficult to predict how the Supreme Court will deal with the issue. He stated that there is a potential that if the Board acts on the ordinance, portions of it may be unenforceable if the Supreme Court rules a certain way. He further stated that it his legal opinion that the Board should act according to what is appropriate legislatively and deal with the consequences of the court case later when the decision is final. When asked, Mr. Micas stated that the County's proposed ordinance is much broader than the Emporia issue, but there is commonality. When asked, Mr. Jacobson stated that staff has spent considerable time and effort on the issue and would like direction from the Board as soon as possible. Mr. McHale stated he feels the Planning Commission and staff have worked diligently and noted that the Board has made decisions in the past that have been impacted by Supreme Court decisions and adjustments were required to be made. He requested two amendments to the proposed ordinance: in Section 19-117(a) (1), change "and" to "or"; and in Section 19-117(g), add "including any hitch attached hereto" after all manufactured homes, and also change "set back a minimum of 10 feet, exclusive of the hitch, or 5 feet inclusive of the hitch if a sidewalk is provided," to "set back a minimum of five feet." He stated that he is comfortable with a January 1 2002 effective date. ' After brief discussion relative to effective date, Mr. McHale made a motion for the Board to authorize the County Administrator to prepare a Substandard Manufactured Housing Strategy and adopt the ordinance relating to manufactured home park districts including the two amendments outlined above and an implementation date of February 1, 2002. o -s?o Mr. Warren seconded Mr. McHale's motion. After brief discussion, Mrs. Humphrey called for a vote on the motion made by Mr. McHale, seconded by Mr. Warren, for the Board to authorize the County Administrator to prepare a Substandard Manufactured Housing Strategy and adopt the following ordinance: AN ORDINANCE TO AMEND THE CQDE OF THE COUNTY OF CHESTERFIELD, 19917, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-41, 19-100, 19-113, 19-114, 19-115,19-116, 19-117, 19-123, 19-173, 19-178, 19-194, 19-503, 19-505, 19-510, 19-513, 19-523, 19-551, 19-552, 19-553, 19-554, 19-555, 19-556, 19-557, 19-573, 19-575, 19-578, 19-582, 19-594, 19-595, 19-602, 19-604, 19-608, 19-609, 19-611, 19-612 AND BY ADDING AND ENACTING SECTIONS 19-114.1, 109-117.1, 19-117.2, 19-122.1, 19-122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19-122.7, 19-122.8 AND 19-508.2 RELATING TO MANUFACTURED OR MOBILE HOME PARK DISTRICT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-41, 19-100, 19-113, 19-114, 19-115, 19-116, 19-117, 19-123, 19-173, 19-1718, 19-194, 19-503, 19-505, 19-510, 19-513, 19-523, 19-551, 19-55i2, 19-553, 19-554, 19-555, 19-556, 19-557, 19-573, 19-575, 19-578, 19-582, 19-594, 19-595, 19-602, 19-604, 19-608, 19-609, 19-611 and 19-612 of the Code o~ the County of Chesterfield, 1997, as amended, are amended and re-enacted and that Sections 19-114.1, 19-117.1, 19-117.2, 19-122.1, 19-122.2, 19-122.3, 19-122.4, 19-122.5, 19-122.6, 19- 122.7 and 19-508.2 of the Code of the County of Chesterfield, 1997, as amended, are added and enacted to read as follows: Sec. 19-41. Districts enumerated. (a) For the purpose of this chapter the county is hereby divided into districts as follows: (1) R-88 Single-Family Residential District. (2) R-40 Single-Family Residential District. (3) R-25 Single-Family Residential District. (4) R-15 Single-Family Residential District. (5) R-12 Single-Family Residential District. (6) R-9 Single-Family Residential District. (7) R-7 Single-Family Residential District. (8) R-TH Townhouse Residential District. (9) R-MF Multifamily Residential District. (10) MH-1 Manufactured Home Park District. (11) MH-2 Manufactured Home Subdivision District. (12) MH-3 Manufactured Home Park District. (13) A Agricultural District. (14) O-1 Neighborhood Office District. (15) 0-2 Corporate Office District. (16) C-1 Convenience Business District. (17) C-2 Neighborhood Business District. (18) C-3 Community Business District. (19) C-4 Regional Business District. (20) C-5 General Business District. (21) I-1 Light Industrial District. (22) I-2 General Industrial DiStrict. (23) I-3 Heavy Industrial District. (b) Residence or residential districts, referred to as R Districts, include the R-88, R-40, R-25, R-15, R-12, R-9, and R-7 Districts. Manufactured home districts, referred to as MH Districts, include the MH-1, MH-2 and MH-3 Districts. 01-871 11/14/01 Townhouse residential districts include the R-TH Districts. Multifamily residential districts include the R-MF Districts. Office districts, referred to as 0 Districts, include the O-1 and 0-2 Districts. Business districts, referred to as C Districts, include the C-i, C-2, C-3, C-4 and C-5 Districts. Industrial districts, referred to as I Districts, include the I-l, I-2 and I-3 Districts. Agricultural districts include the A District. o o o Sec. 19-100. Manufactured homes prohibited certain conditions. except under The board of supervisors may grant a permit, with or without conditions, for the original location of a temporary manufactured home in an R-7 District and the permit shall specify the location of such home on the premises and shall assure compliance with county health and sanitary requirements. The permit shall be valid for up to seven years. At the expiration of the time specified on the permit, an application may be made for renewal of the manufactured home permit. o o o DIVISION 13. MH-1 MANUFACTURED HOME PARK DISTRICT Sec. 19-113. Permitted uses by right. The following uses shall be permitted by right in the MH-1 District: (a) Manufactured home parks. (b) Group homes. Provided, however, that after February 1, 2002 MH-1 zoning shall no longer be granted by the Board of Supervisors. However, property that is not zoned MH-1 but has been granted a conditional use or conditional use planned development to permit a manufactured home park use may be rezoned MH-1 if such rezoning application is filed by August 1, 2002. Sec. 19-114. Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the MH-1 District: Any accessory uses, buildings and structures permitted in the R-88 District. Sec. 19-114.1 Accessory use required conditions. (a) Accessory buildings or accessory structures shall not be located within the required park setbacks specified in Sections 19-117(b) and (c). (b) Setbacks from the street or travel way for accessory buildings and accessory structures shall be the same as that for the principal building. Sec. 19-115. Conditional uses. The following uses may be allowed by conditional use in the MH-1 District, subject to the provisions of section 19-13: (a) Group care facilities. (b) Planned developments. 01-872 11/14/01 Subject to the following requirements, other uses which are not specifically enumerated!in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outidoor activities; traffic; parking; signage; and hours ofloperation. Based on these considerations, he shall determine that the proposed use's operating characteristics are isubstantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. Sec. 19-116. Special exceptions. The following uses may be allowed as special exceptions in the MH-1 District, subject to the provisions of section 19-21: None. Sec. 19-117. Required conditions. (a) Park access. A manufactured home park of more than ten acres shall have more than one public street or traveli way access to ensure that emergency services may be provided to the park and to secure safe and efficient access for all traffic. This requirement may be satisfied in the following ways: (i) The park has a paved boulevard entrance of at least 45 feet in width, with minimum lane widths of 18 feet each; or The park has an emergency access that meets the following criteria: (i) the access iis at least twelve feet in width, with an additional clear area of three feet beyond the edge of pavement; (ii) the area above the pavement has a vertical clearance of a minimum of 14 feet; (iii) the minimum turning radius for any curve is 42 feet; (iv) the access is constructed of all weather material; (v) the access is gated with one panel at least 12 foot wide by three foot tall constructed of painted 2 inch tubular steel and the panels are secured by a heavy dutyi steel chain and a Knox padlock as approved by the Chesterfield County Fire Department; (vi) the access!is adequately maintained; and i (vii) the access is not used for parking; or (2) Park owners may seek relief from this requirement by applying for a development 01-873 ii/14/O1 (b) (c) (d) (e) standards waiver section 19-19. in accordance with Front yard required. The minimum front yard of a manufactured home park adjacent to a public street or travel way shall be 50 feet, such distance to be measured between the front property line and the nearest manufactured home or other structure, excluding gazebos, fountains or other decorative features not associated with an individual home or recreation area. Side and rear yards required. The minimum side and rear yards of a manufactured home park shall be 15 feet, such distance to be measured between the park property 1 ine and the nearest manufactured home or other structure. The planning director shall reduce this setback down to five feet (1) if he determines that the park is adjacent to natural drainage areas or other features that will function as visual separation of the park from adjacent uses; (2) if he determines that exist ing or proposed landscaping or an existing or proposed alternating solid board fence is sufficient to provide a visual separation of the park from adjacent uses; or (3) if the park is adjacent to a property or properties that are either zoned or designated in the Comprehensive Plan for nonresidential uses. Density requirements. Density shall be limited to no more than eight units per acre of gross park area. Spacing requirements. When replacing a manufactured home, homes shall be placed so that, at the nearest point, they shall be at least eight feet from structures accessory to other manufactured homes and 16 feet from any other manufactured home. The planning director may reduce the spacing between manufactured homes to 10 feet when the homes are placed end to end and no other practicable alternative is available. For the purpose of the spacing requirements, a manufactured home includes any attached, enclosed structure. Detached carports or garages and storage 01-874 11/14/01 (f) Recreation area. (g) Placement. (h) Parking. struct~ures are not considered to be part of the manufactured home.. Attached accessory struct~ures such as decks, porches and carports must be placed so that, at the nearest point, they shall be at least 6 feet from any other manufactured home or accessory structure attached to any other manufactured home. Any recreational areas that are provided shall be adequately maintained.i They shall be kept free from items! that would render the recreation area unusable such as impediments, manufactured homes, other non-~recreational structures, weeds, or junk. Ail manufactured homes, including any hitch attached thereto, shall be set back a minimum of 5 feet, measured from the edge of the street, or, for those parks without paved streets, from the edge of the travel way. Manufactured homes shall not obstruct the!use of any street, travel way, sidewalk, or public utility easement. For each manufactured home, parking area shall be provided sufficient to accommodate two standard size motor 'vehicles. Area to park one vehicle may be in a iconsolidated parking area within the manufactured home park. All required parking areas shall be of hard-surface, dustless construction. (i) Park streets. Ail manufactured homes shall abut upon a park street of inot less than 16 feet in width or a parking area adjacent to a street. Parking is prohibited within park streets. Park streets shall have unobstructed access to a public street or highway. All Park streets shall be constructed of bituminous concrete, concrete, or other similar material. (j) Refuse disposal. (k) Any commOn refuse storage and disposal areas provided by park management: shall be maintained so that they 'do not adversely affect public health and safety. Such areas are subject to the requirements of Section 19-503. Skirts required. Ail manufactured homes shall be completely skirted in accordance with the Uniform Statewide Building Code. 19-117.1 Recreational vehicles. Recreational vehicles shall not be permitted as dwelling units in a manufactured home park unless they are already permitted by zoning approval or are non-conforming. 01-875 11/14/01 19-117.2 Manufactured home representative layout required. Unless the park has already obtained an approved site plan, all manufactured home parks shall submit a representative layout to the director of planning within 90 days of (insert approval date of Ordinance). The purpose of this layout is to provide the general layout but not to establish precise measurements. This layout is required so that the director of planning can monitor changes to nonconforming parks. The layout shall depict: (a) (b) (c) The name and street address of the manufactured home park; The present land use classification of the manufactured home park and the approximate size of the tract making up the manufactured home park provided that this approximate size shall be used to determine the density of the park; The names, addresses, telephone numbers and facsimile numbers of the owner or owners of record of the manufactured home park and the person preparing the plan provided that there is no requirement that the person preparing the layout be a surveyor or engineer or that the layout be certified; (d) (e) <f) The date, approximate north point, and approximate scale, provided that the scale shall be approximately one inch equals 50 feet or larger; The general location and widths of streets, travel ways, sidewalks, and any entrances or exits. Additionally, copies of any recorded public utility easements shall be attached to the layout; The general location, and approximate size of all buildings and structures (not including manufactured homes and accessory structures) within the manufactured home park; (g) (h) (i) The general location and method of screening of any common solid waste storage areas provided to the residents within the manufactured home park; The general location of exterior boundary lines of the manufactured home park; The general location and address of individual manufactured homes, accessory structures (both attached and detached), and individual and consolidated parking areas; and (j) The general location and size of any recreation area. o o o DIVISION 14.1 MH-3 MANUFACTURED HOME PARK DISTRICT Sec. 19-122.1 Permitted uses by right. The following uses shall be permitted by right in the MH-3 District: (a) Manufactured home parks. (b) Group homes. 01-8v6 11/14/o1 Sec. 19-122.2 Uses Permitted with certain restrictions. The following uses shall be permitted in the MH-3 District subject to compliance with any conditions specified herein and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to Section 19-13: (a) Uses permitted with restrictions in the R-88 District. o o o Sec. 19-122.3 Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the MH-3 District: Any accessory uses, buildings and structures permitted in the R-88 District. Sec. 19-122.4 Accessory use required conditions. (a) (b) Accessory buildings or accessory structures shall not be located within the required park setbacks. Setbacks for accessory buildings and accessory structures on individual lots shall be as follows: (1) (2) (3) (4) Front yard. Minimum of 20 feet, Side yard. Minimum of 5 feet, Corner side yard. Minimum of 20 feet, Rear yard. Minimum of 5 feet. Sec. 19-122.5 Conditional uses. The following uses may be allowed by conditional use in the MH-3 District, subject to the provisions of section 19-13: (a) Group care facilities. (b) Planned developments. (c) Subject to the following requirements, other uses which are not specifically enumerated in this chapter and which are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, thel following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and ho~rs of operation. Based on these considerations, he ishall determine that the ,i proposed use's operatmng substantially similar to, neighboring properties i no operating characteristics specifically enumerated[ district. characteristics are and its impact on greater than, the and impacts of the uses allowed in this 01-877 11/14/01 Sec. 19-122.6 Special exceptions. The following uses may be allowed as special exceptions in the MH-3 District, subject to the provisions of section 19-21: None. Sec. 19-122.7 Required conditions. (a) Park size and access. A manufactured home park shall contain at least ten acres and shall have more than one public street access. (b) Front yard required for the manufactured home park. The minimum front yard of a manufactured home park adjacent to a public street shall be 50 feet, such distance to be measured between the front property line and the nearest manufactured home or other structure. Perimeter landscaping C shall be installed and maintained within this fifty (50) foot area in accordance with Division 3 of the Development standards manual (County Code §§ 19-516 through 19-519). (c) Side and rear yards required for the manufactured home park. The minimum side and rear yards of a manufactured home park shall be 15 feet, such distance to be measured between the park property line and the nearest manufactured home or other structure. Side and rear yards shall contain a screen, fence or landscape planting which shall be designed and planted to be 50 percent or more solid when viewed horizontally between two and six feet above average ground level. The planning director may modify this requirement if topography or other natural features present would render this screening requirement ineffective. (d) Density requirements. Density shall be limited to no more than six units per acre of gross park area. Each lot for an individual unit shall not be less than 4,000 square feet in area and shall not be less than 58 feet wide. (e) Manufactured homes shall be placed in pad sites so that, at the nearest point, they shall be at least 20 feet from all streets (internal and external) and parking areas and 30 feet from other manufactured homes. The setback requirements for manufactured homes shall be as follows: (1) Front yards. Minimum of 20 feet, (2) Side yards. Minimum of 15 feet, (3) Corner side yard. Minimum of 20 feet, (4) Rear yard. Minimum of 15 feet. (f) Recreation area required. At least ten percent of the gross park area shall be designated and reserved for suitable recreational areas. Fifty percent of such areas shall be provided outside of any established floodplain and shall have a slope of not more than five percent. Sufficient recreational equipment, such as swing sets, seesaws, picnic tables, benches, sandboxes, shall be installed within this area based on a plan approved by the director of planning (in conjunction with or as part of the site plan). Recreational equipment shall be designed, constructed and maintained to be safe, with no protruding bolts or sharp edges that may result in injury. All required safety fall zones and surfacing standards shall be met. 01-878 11/14/01 (h) (i) (j) (k) (1) (m) (n) Placement. All manufactured homes shall be placed in a designated pad site and shall not obstruct the use of, or overhanG, any street, sidewalk cdr public utility easement. Parking. At least two parking spaces shall be provided within each manufactured home pad site. All required parking areas shall be constructed of bituminous concrete, concrete or other similar material. Park streets. Ail manufactured home pad sites shall abut upon a park street of not less than 24 feet in width or a parking area adjacent to a street. Parking is prohibited within park streets. Park streets shall have unobstructed access to a public street or highway. All park streets shall be constructed of bituminous concrete, concrete or other similar material. Underground utilities. Ail telephone, electrical distribution, water, fuel and other utility lines shall be placed underground. All sanitary waste water connections shall be located beneath the respective manufactured home. Refuse disposal. The storage and collection of refuse shall not create a health or fire hazard. All refuse shall be stored in flyproof, watertight, rodent proof containers, which shall be !provided in sufficient capacity. The park management shall be responsible for the collection and proper disposal of all refuse. Skirts required. Ail manufactured homes shall be completely skirted as required by the Uniform Statewide Building Code. Street trees required. Ail internal streets within the manufactured home park shall be lined with trees. The trees shall have a minimum caliper of 2.5 inches. Each side of each internal street shall have the equivalent of at least one tree every fifty !feet. The location and species will be located so that the manufactured homes may be replaced. The exact location and species shall be determined in conjunction with a plan approved by the director of planning. Street lights required. Street lighting shall be installed in manufactured home parks at intersections of internal streets. Street lighting shall also be installed in other locations as are found by the Department of Engineering to require lighting in the interests of safety and security for persons, property or traffic. Lighting shall be installed in accordance with standards approved by the Department of Engineering and shall be depicted on a plan approved by the director of planning (in conjunction with or as a part of the site plan). When possible, standards for locating street lighting shall comply with the adopted streetlight policy. 19-122.8 Site plan required. A site plan shall be required in accordance with the provisions of Article V., Division 2, County Code §§ 19-264 to 19-272. 0 0 0 ~ Sec. 19-123. Pez=nitted uses by right. The following uses shall be permiltted by right District: in the A 01-879 11/14/01 (a) Same as specified for R-88 District. (b) Farming, not including stock or dairy farming, but including all buildings and structures necessary to such use and the keeping, storage or operation of any vehicle or machinery necessary to such use. (c) Forestry operations and sawmills incidental uses thereof. together with the (d) Graveyards. (e) Kennel, private. (f) Permanent manufactured home: Any manufactured home which is permitted by right in the zoning district in which it is located and for which a manufactured home permit or special exception is not required. o o o Sec. 19-173. Uses pez=nitted with certain restrictions. The following uses shall be permitted in the C-5 District, subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to the provisions of section 19-13: o o o (k) Manufactured home, modular home and travel trailer sales, service, repair and rental, provided that such use is not located in the Eastern Midlothian Turnpike Corridor. o o o Sec. 19-178. Manufactured homes. A manufactured home used as the principal residence of the owner/operator or employee of a business located on the property will be permitted, subject to obtaining a manufactured home permit from the board of supervisors. o o o Sec. 19-194. Permitted uses by right. Within any I-3 District, no buildings, structures or premises shall be used or arranged or designed to be used except for one or more of the following uses: o o o (x) Manufactured home manufacturing. o o o Sec. 19-503. Solid waste storage areas. (a) With the exception of garbage can and recycling container areas which serve single- or two-family dwellings, solid waste storage areas (solid waste storage area, garbage cans, trash compactors, recycling containers, etc.) shall be screened from view of adjacent property and public rights-of-way as follows: (i) Solid waste storage areas on property which is adjacent to an A, R, R-TH, MH or R-MF district shall 01-SS0 ii/i~/Oi be screened from view of sUch district by a masonry or concrete wall which is constructed of comparable materials to and designed to be compatible with the principal building that the solid waste storage area serves. However, solid waste storage areas that are located a minimum of 100 feet from the above-referenced district line may be screened in accordance with subsection (2). o o o (C) Solid waste storage areas (exCluding garbage can and recycling container areas serving! single- or two-family dwellings) located within 1,000 feet!of any A, R, R-TH, MH or R-MF districts shall not be serviced between the hours of 9:00 p.m. and 6:00 a.m. Such areas shall be prominently posted with a sign not to exceed six square feet designating the hours in which the solid waste storage area may be serviced. o o o Sec. 19-505. Measurement of yards. (a) In any project located in an O, or I District, required setbacks shall be measured from the project boundaries and public rights-of-way regardless of wh!ether individual lots are created. (b) The minimum front and corner side yard depths specified herein shall be measured horizontall~ from the existing street right-of-way line, except where a Street is designated for widening or extension by an adoptedlplan, in which case the measurement shall be taken from the future right-of-way line. Yard measurements may be rounded to the nearest tenth of a foot. In determining the location of future right-of-way lines, the street shall be assumed to be widened equally on both sides of the established centerline to the full width designated by an adopted plan, unless (i) determined otherwise by the director of transportation or (ii) the department of transportation has on file an attested copy of an officially adopted detailed highway plan for such street widening, extension or location. Except for sPecial access streets and streets reduced through the subdivision process, no street in an R-TH, R-MF, R, MH-2, MH-3 or A District shall be considered, for the purpose of this section, as having a right-of-way less than 50 feet wide and in any other district less than 60 feet wide. Each yard shall be measured horizontally to the nearest point of the building or use area, except for allowable projections. Special access streets ishall be considered, for the purpose of this section, as kaving a right-of-way or easement width of a minimum of 50 feet. Setbacks from special access streets shall not be required unless the director of transportation determines that they are necessary to achieve safe ingress and egress to the property adjoining the street. Special access streets shall not be located within required front or corner side yard setbacks. o o o 19-508.2 Requirements for manufactured home parks. Manufactured home parks in all distr are subject to the standards for MH-1 Code §§ 19-113 through 19-117.3. icts except MH-2 and MH-3 districts found at County 01-881 11/14/01 o o o Sec. 19-510. Restrictions and limitations--Agricultural, residential, residential townhouse, multi- family residential, manufactured homes. (a) Parking and storing recreational Equipment in R, R-TH, MH and R-MF Districts: (i) In all MH-2, MH-3 and R Districts, only two items of recreational equipment may be parked on a zoning lot for each dwelling unit thereon, outside of a totally enclosed building. Further, all recreational equipment shall be parked or stored in a rear yard, except for loading or unloading, and shall be set back at least ten feet from the rear lot lines and five feet from the side lot lines. No trailer or vehicle shall have its wheels removed except for repair purposes. (2) No recreational equipment shall be used for living or business purposes or connected to utility services except for maintenance purposes. (3) In R-TH, and R-MF Districts, parking and storing recreational equipment shall be prohibited unless a common storage area(s) is (are) provided for the parking. Parking spaces for recreational equipment and/or vehicles shall be in addition to that required for parking private vehicles. The storage area(s) shall be effectively screened from view. (b) Truck Parking in R, R-TH, MH and R-MF Districts. No off-street parking area or other premises in an R, R-TH, MH and R-MF District, except on a farm where the parking is incidental to the farming use being conducted on the property, shall be used for the parking or storage of any truck or commercial vehicle exceeding 4,000 pounds net weight and having more than two axles, except while loading or unloading on the premises. (c) Parking areas for five or more vehicles on lots in A, R, MH and R-TH districts, which are not used for residential purposes, shall conform to the parking requirements as though the property were located in an O, C or I District. o o o Sec. 19-513. Parking spaces required. Except as provided for in section 19-608(a), the minimum number of parking spaces to be provided for each use shall be as follows: Use Number of Spaces (a) Residential and Lodging: (1) Dwellings, to include 2 for each single-family, two-family, dwelling unit multifamily, townhouses and manufactured homes outside of MH-1 zoning districts (2) Motels, hotels, boarding- houses 1 per bedroom o -882 (3) With lounges/restaurant With meeting facilities Secs. 19-523. Rest homes and nursing homes o o o Buffer width matrix. Add 1 per 150 square feet for such area Add 1 per 3 seats for such area 1 for each 4 beds The required width of buffers shall be determined from the following matrix. The left column of the matrix represents the use of the zoning lot on which the buffer must be provided and the top column of the matrix represents the use of property contiguous to the zoning lot. The interior numbers in the matrix represent the width in feet of the required buffer on the zoning lot: BUFFER WIDTH MATRIX R-?/88 A* R-TH/R-MF MH Districts A* + + R-7/88 + + R-TH/R-MF + 50** MH Districts + 50** O-1 + 40 0-2 + 50 C-1 + 40 C-2 + 50 C-3 + 75 C-4 + 75 C-5 + 100 I-1 + 50 1-2 + 75 1-3 + 100 *Note: Buffers adjacent to vacant property zoned "A" shall be determined based the property's designation on the comprehensive plan. **Note: Where property zoned R-7 through R-88 is adjacent to property zoned R-TH, R-MF, or MH a buffer shall be required on the R-TH, R-MF or MH property. No buffers are necessary between any single-family residential distriCts unless required by the board of supervisors, planning commission (modification to development standards and requirements only) or board of zoning appeals. 01-883 11/14/01 o o o Secs. 19-551. agricultural. Street frontage required--Residential and (a) Unless otherwise specified and except for farm buildings, a lot outside a subdivision, as defined in section 17-2, used in whole or in part for dwelling purposes, including permanent manufactured homes, shall abut for at least 50 feet upon a street. No lot or parcel of land abutting the terminus of a public street shall be considered to have its principal frontage on a public street unless the lot fronts for at least 30 feet on a recorded cul-de-sac. A lot or parcel without street frontage may be used for temporary dwelling purposes with a manufactured home; however, in considering applications for manufactured home permits and special exceptions, in addition to other land use considerations, due regard shall be given to whether the lot or parcel abuts for at least 50 feet upon a street. (b) Unless otherwise specified, no permit for erecting, moving or converting any building on a parcel outside a subdivision, as defined in section 17-2 shall be issued unless the street adjoining the parcel where the building is to be erected, moved or converted is a part of the state highway system, primary or secondary. This provision shall not apply to farm buildings or other structures not designed for human habitation. Sec. 19-552. One main building on each residential, manufactured home or agricultural lot. Except in the case of planned developments, every principal, detached residential building structure, including a permanent manufactured home, hereafter erected, installed or structurally altered on a lot shall be located in a R, R-TH, MH-2, MH-3 or A district, and in no case shall there be more than one such building per lot, unless otherwise permitted in this article. o o o Sec. 19-553. Residential, townhouse residential, manufactured home and multifamily residential land not to be used for commercial access. No portion of any parcel or lot which is located in any R, R-TH, MH or R-MF District shall be used for access (except public roads) to any land which is located in an O, C or I district, or used for any purposes not permitted in any R, R-TH, MH or R-MF District. Sec. 19-554. Fences in residential, multifamily residential, manufactured home and townhouse residential districts. In R, R-MF, MH and R-TH districts, unless otherwise specified, no fence or wall more than four feet high shall be permitted in any front or corner side yard, nor shall any fence or wall more than seven feet high be permitted in any side or rear yard. On a corner lot, no structure or planting which might obstruct vision between a height of two feet six inches and a height of eight feet above the established curb grade shall be permitted within a distance of 20 feet in either direction from the corner. At intersections of driveways with streets, no structure or planting which might obstruct vision between a height of two feet six inches and a height of eight feet shall be permitted within a visibility triangle created by measuring ten feet in from the intersection of a driveway boundary and property lines away from the driveway with the ends of the two 01-884 11/14/01 ten-foot lines connected in a straight line to form the visibility triangle. The above-mentioned heights shall be computed based on the elevation of the driveway that is perpendicular and adjacent to that portion of the structure or planting. Beyond the visibility triangle, there shall be no locational requirements for fences.1 IProperty owners are advised to check easement locations before installing fences. Secs. 19-555. Required yards for accessory buildings and structures in R, R-TH, MH and A Districts. Except as indicated in this section, the yard requirements for permitted uses shall apply to the accessory buildings and structures. (i) In R, MH-2 and A Districts and in R-TH Districts identified in section 19!-106, one-story detached accessory buildings, accessory structures which have a roof or any structures specified in section 19-507(f) except amateur radio antennas in excess of 50 feet in height shall observe a side yard setback not less than half the required side yard for a permitted use; a front yard setback of the lesser of half the average depth of the lot or 80 feet; and a rear yard setback of not less than ten feet; except that an accessory building or structure which as a roof located on a through lot shall meet a rear yard setback of not less than 30 feet and an accessory building or structure which has a roof located on a corner lot shall observe a corner side yard setback not less than the required front yard setback for a permitted use. In any R District, amateur radio antennas in excess of 50 feet, but no greater than 75 feet, in height, shall conform to the side and rear yard setback requirements for principal structures of the respective zoning district and a front yard setback of the lesser of half the average depth of the lot or 80 feet. Provided, however, the antenna may be attached to the side or rear of the principal structure if the principal structure meets the setback requirements of the respective zoning district. {2) In any R-TH District, amateur radio antennas in excess of 50 feet, but no greater than 75 feet, in height, shall be attached to the side or rear of the principal structure. Except for the R-TH Districts identified in section 19-106, in R-TH Districts attached and detached carports, garages, storage buildings or other similar accessory structures are permitted on individual lots and shall observe the front, side and corner side yard setback for the principal building. No rear yard set!back shall be required. To ensure adequate usablel open space on each lot, one wall of any such accessory structure must abut an interior side proper~y line. A privacy yard having a minimum size of ten by 25 feet shall be maintained on each lot where there are such structures. An accessory structure in an R-TH 01-885 ii/i4/Oi (3) (4 (5 District shall cover no more than 45 percent of the required rear yard. In R, MH-2 and A Districts and lots in R-TH Districts identified in section 19-106, a detached accessory building having more than one story shall observe an interior side yard not less than the side yard required of the permitted use; a rear yard setback of not less than half the required rear yard for a permitted use, except that a building located on a through lot shall meet a rear yard setback of not less than 30 feet; a corner side yard setback of not less than the front yard requirement for a permitted use; and a front yard setback the lesser of half of the average depth of the lot or 80 feet. In R, MH and A Districts and lots in R-TH Districts identified in section 19-106, a detached accessory building shall cover no more than 20 percent of the required rear yard. In R, MH-2 and A Districts and lots in R-TH Districts identified in section 19-106, carports attached to single-family dwellings shall observe interior side yard setbacks not less than half the required side yard in that district, but in no case less than five feet. Sec. 19-556. Heights--Agricultural, residential, townhouse residential, manufactured home and multifamily residential. The maximum height of all buildings and structures shall be as follows, unless otherwise provided in section 19-507 or in section 19-557: (i) R-88, R-40, R-25, R-15, R-12, R-9, R-7, MH-1, MH-2, MH-3, R-TH and R-MF districts: Ail buildings or structures other than accessory and multifamily: Three stories or 40 feet, whichever is less. bo Multifamily: Ail buildings and structures except for accessory and those projects listed in section 19-112, six stories or 70 feet, whichever is less. C o Accessory buildings and structures: One-half the height of the principal building or 25 feet, whichever is greater. Further, in R-TH Districts, except those lots listed in section 21.1-100(a), no windows, doors or other similar openings shall be permitted above one story or ten feet, whichever is less. In R-TH Districts, except those specified in section 19-106, accessory buildings or structures that abut a common side property line shall maintain a solid wall (having no windows, doors or other similar openings) along said adjoining property line. (2) A districts: so Ail buildings or structures other than farm or accessory: Three stories or 40 feet, whichever is less. 01-886 ii/i~/Oi bo Farm accessory buildings and structures: 50 feet. C o Accessory buildings or structures: One-half the height of the principal building or 25 feet, whichever is greater. Sec. 19-557. Heights--Agricultural, residential, townhouse residential, manufactured home and multifamily residential in village districts. The maximum height of all buildings and structures shall be as follows, unless otherwise provided in section 19-507: (i) Midlothian Village Core, Chester Village Corridor East: Ail buildings or structures, other than accessory: Two and one half stories or 30 feet, whichever is less. bo Accessory buildings or structures: One-half the height of the principal building or structure or 25 feet, whichever is greater. Further, in R-TH Districts, except those lots listed in section 19-106(a), no windows, doors or other similar openings shall be permitted above one story or ten feet, whichever is less. Accessory buildings or structures that abut a common side property line shall~ maintain a solid wall (having no windows~ doors or other similar openings) along said adjoining property line. (2) Ail other village district areas: Ail buildings or structures other than accessory: Three stories or 40 feet, whichever is less. bo Accessory buildings or structures: Half the height of the principal building or 25 feet, whichever is greater. Further, in R-TH Districts, except those lots listed in section 19-106(a), no windows, doors or other similar openings shall be permitted above one story or ten feet, whichever is less. Accessory buildings or structures that abut a common side property line shall maintain a solid wall (having no windows, doors or other similar openings) along said adjoining property line. O O O Sec. 19-573. Exterior lighting. Ail exterior lights shall be arranged and installed so that the direct or reflected illumination does not exceed five-tenths footcandle above background, measured at the lot line of any adjoining A, R, R-TH, MH or R-MF district. Except in village districts where light standards ~may be required to be compatible with unique architectural Styles, lighting standards shall be of a directional type capable of shielding the light source from direct view from any adjoining A, R, R-TH, MH or R-MF district or public right-of-wa~ 01-887 11/14/0i o o o Sec. 19-575. Outside storage areas. Ail outside storage areas shall be screened, in accordance with division 1, subdivision IV, of this manual: (i) from view of any adjacent properties on which such uses are not permitted; (ii) from property in an A district that is designated on the comprehensive plan for R, R-TH, R-MF, A, O, MH or I-1 districts; and (iii) from public rights-of-way. The view of outside storage areas shall be minimized from limited access roads. Views may be minimized through site and architectural design, topography, landscaping, setbacks or other features. In I-2 and I-3 districts, outside storage areas need not be screened from view of any I-2 or I-3 district or from any public right-of-way which does not accommodate or is not intended to accommodate through traffic movements. Outside storage shall include, but not be limited to, parking of all company-owned and -operated vehicles, with the exception of passenger vehicles and trucks designed such that the cargo area may be accessed from the driver's seat without exiting the vehicle. o o o Sec. 19-578. Yard requirements and other development standards adjacent to A, R, R-TH, MH and R-MF districts where A, R, R-TH, MH and R-MF property is occupied by or zoned for nonresidential or nonagricultural use. If property in an O, C or I district is adjacent to property in an A, R, R-TH, MH or R-MF district and the latter property is occupied by or zoned for a nonresidential or nonagricultural use without a time limit, the variations in yard requirements and other development standards specified by this chapter where adjacent to O, C or I districts shall be permitted. o o o Sec. 19-582. Exceptional development standards in the Jefferson Davis Highway Corridor. (a) (c) Parking: Parking requirements in the Jefferson Davis Highway Corridor shall be calculated based on section 19-513 or based on four and four-tenths spaces per 1,000 square feet of gross floor area, the lesser of the two. Improved, designated parking spaces in a public right-of-way may be counted toward the required number of parking spaces when more than one-half of each such space adjoins the site. Further, the required number of parking spaces may be reduced by ten percent if the development contains a pedestrian way system that connects to existing walkways or that may be connected to future walkways. Landscaping: No interior parking lot or perimeter landscaping shall be required. Perimeter landscaping H shall be installed in all front and corner side setbacks, except when parking or driveways are located at the ultimate right of way line. Tree preservation, in accordance with sections 19-518(d) and 19-521(b) shall be required, except where parking or driveways are located at the ultimate right of way line. Buffer width matrix: The required width of buffers shall be determined from the following matrix. The left column of the matrix represents the zoning of the lot on which the buffer must be provided and the top column of the matrix represents the zoning of property contiguous to the zoning lot. The numbers in the matrix represent the width in feet of the required buffer: A1 R-7/88 R-TH/R-MF MH Districts A1 + + R-7/88 + + R-TH/R-MF + 252'3 MH Districts + 252'3 O-1 + 253 0-2 + 253 C-1 + 253 C-2 + 253 C-3 + 253 C-4 + 253 C-5 + 253 I-1 + 253 1-2 + 753 I-3 + 1003 ~Buffer widths adjacent to vacant agriculturally zoned property shall be determined based on the land use designation shown on the comprehensive plan for the property. 2When property zoned R-7 through R-88 is adjacent to R-TH, R-MF MH property, a buffer shall be required on the R-TH, R-MF, MH property. There shall be no buffer requirements between any single-family residential districts unless required by the board of supervisors, planning commission or board of zoning appeals. 3 Except in MH districts, buffers shall not be required if this article permits buildings or parking areas to be constructed without being set back from the property line. ooo Sec. 19-594. Permitted variations in yard requirements. The required minimum yards for any zoning lot or parcel, or adjacent to limited access roads, or as noted below, may be reduced as follows with the provision of additional landscaping: (1) Setbacks along major arterials: Except in I-2 or I-3 districts, the required i setback for buildings, drives and parking areas along major arterials may be reduced to 50 feet With the installation of perimeter landscaping C. 01-889 11/14/01 (2) Front and corner side yards: Except in I-2 or I-3 districts, the required front and corner side yard setback along public rights-of-way other than major arterials may be reduced to 25 feet with the installation of perimeter landscaping C. (3) Side yards: The required side yard may be reduced to ten feet with the installation of perimeter landscaping B, except when adjacent to any A, R, R-TH, MH or R-MF district. (4) Rear yards: The required rear yard may be reduced to 20 feet with the installation of perimeter landscaping B, except when adjacent to any A, R, R-TH, MH or R-MF district. Sec. 19-595. Architectural treatment. No building exterior (whether front, side or rear) which would be visible to any A, R, R-TH, R-MF, MH or 0 district or any public right-of-way shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different building exteriors, but rather shall preclude the use of inferior materials on sides which face adjoining property. No portion of a building that is constructed of unadorned concrete block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, R-MF, MH or O district or any public right-of-way. No building exterior shall be constructed of unpainted concrete block or corrugated and/or sheet metal. o o o Sec. 19-602. Permitted variations in yard requirements. The required minimum yards for any zoning lot or parcel, except those located in an I-2 or I-3 District or adjacent to limited access roads, may be reduced with the provision of additional landscaping and/or if adjacent property is zoned for a similar use, as follows: (i) Setbacks along major arterials: The required setback for buildings, drives and parking areas along major arterials may be reduced to 25 feet with the installation of perimeter landscaping C. (2 Front and corner side yards: The required front and corner side yard setback for buildings along public rights-of-way other than major arterials may be reduced to 25 feet with the installation of perimeter landscaping B. (3 Side yards: In the 1-2 and I-3 districts, the required side yard setback for buildings may be reduced to 10, except when adjacent to any A, R, R-TH, MH or R-MF district. The required side yard setback for buildings may be reduced to zero in all other districts, except when adjacent to any A, R, R-TH, MH or R-MF district. (4 Rear yard: No reduction shall be permitted. o o o Sec. 19-604. Heights. The maximum height of all buildings or structures within any office, business or industrial district shall be as follows, Oi-SgO ii/i~/Oi except as outlined in section 19+507 otherwise specified in this article: and 19-507.1 or as (i) In office and business districts, no buildings or structures shall exceed a height of three stories or 45 feet, whichever is less,~ except offices hospitals and hotels, which may be constructed to a height of 12 stories or 120 feet, whichever is less. (2) In I-1 Districts, no buildings or structures shall exceed a height of three stories or 50 feet, whichever is less, except offices, hospitals and hotels, which may be constructed to a height of 12 stories or 120 feet, whichever is less. (3) In I-2 and I-3 Districts, no buildings or structures shall exceed a height of 150 feet. (4) No buildings or structures within 100 feet of any undeveloped property within an R, R-TH, MH or R-MF district, or any undeveloped property in an A district that is designated for residential use by the comprehensive plan, shall exceed a height of three stories or 50 feet; whichever is less. No building or structure within 200 feet of any existing residential neighborhood shall exceed a height of two stories or 30 feet, whichever is less. However, if there is an existing dwelling more than two stories in height within 100 feet of the district, the height of the building or structure may be increased to the height of the dwelling. o o o Sec. 19-608. Exceptional development standards. o o o (h) Buffers and screening in the Ettrick Village Core: Buffers required by section 19-523 shalli not apply. If parking is provided on any property in an O,i C or I district adjacent to an R, R-TH, MH or R-MF district, a 10-foot wide buffer shall be provided. This buffer shall include an evergreen hedHe with a minimum installed height of four feet or a solid fence or wall six feet in height. Along side property lines that abut property in R, R-TH, MH or R-MF districts, this buffer may be reduced to a width of three feet in accordance with section 19-609(H) (2) . Sec. 19-609. Setback requirements for O and C Districts. o o o (b) Midlothian Village Fringe: The maximum and minimum setbacks for all buildings, drives and surface and deck parking areas shall be as follows: (1) Setbacks along major arterials: The minimum setback along major arterials for buildings shall be 50 feet; however, this minimum shall be increlased as authorized by the director of planning When the average setback of the existing building(s) on one or more sides and within 200 feet of the subject lot is more than 50 feet. iPerimeter landscaping E shall be provided within the setback. The minimum setback ailong major arterials for drives and parking areas shall be no less than 01-891 li/i4/Oi (e) the front line of the building with the least setback on the lot. If there is no building on the lot, the minimum setback shall be 50 feet. Perimeter landscaping E shall be provided within the setback. 2) Front and corner side setbacks: so The minimum front and corner side setbacks along rights-of-way other than major arterials for buildings shall be 25 feet with the installation of perimeter landscaping D. bo The minimum front and corner side setbacks along rights-of-way other than major arterials for drives and parking areas shall be no less than the front line of the building with the least setback on the lot. If there is no building on the lot, the minimum setback shall be 25 feet. Perimeter landscaping D shall be provided within the setback. Side setbacks: The minimum side setback for buildings, drives and parking areas shall be 30 feet with the installation of perimeter A. The minimum side setback may be reduced to ten feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-MF, MH or A District. Rear setbacks: The minimum rear setback for buildings, drives and parking areas shall be 40 feet with the installation of perimeter landscaping A. The minimum rear setback may be reduced to 20 feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-MF, MH or A District. Setbacks for gasoline pumps: The setbacks for gasoline pumps and drives serving gasoline pump islands shall be the same as those for drives and parking areas as required in paragraphs (1) through (4) above. o o o Chester Village Fringe East, Chester Village Fringe West: The minimum setback for all buildings, drives and surface and deck parking areas shall be as follows: (i) Setbacks along major arterials: The minimum setback along major arterials for buildings, drives and parking areas shall be 25 feet with the installation of perimeter landscaping G. within the setback. (2) Front and corner side setbacks: The front and corner side setbacks along roads other than major arterials shall be the same as those required along major arterials. (3) Side setbacks: Except as noted below, the minimum side setback for buildings, drives and parking areas shall be 30 feet with the installation of perimeter landscaping A. However, the minimum side setback may be reduced to ten feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-MF, MH or A District. When abutting an O, C or I District, the minimum setback shall be zero feet. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for 01-892 li/l~/Ol buildings shall be seven and one-half feet unless waived by the director of Planning at the request of the adjacent property owner, in which case the minimum setback shall ble reduced to zero feet provided there are no openings in the wall built along the property line. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for drives and parking areas shall be zero feet; however, if the adjacent property is occupied by a residence, a solid iscreen or fence at least four feet high shall be ilnstalled unless waived by the director of planning at the request of the adjacent property owner. Vacant property located within the area designated by the Chester Village Plan as "mixed use: neighborhood office and single-family residentiali" shall be considered a non-single-family residential land use regardless of the zoning of the parcel. (4) Rear setbacks: Except as noted below, the minimum rear setback for buildings, drives and parking areas shall be 40 feet with the iinstallation of perimeter landscaping A. However, tlhe minimum rear setback may be reduced to 20 feet with the installation of perimeter landscaping B, except when adjacent to any R, R-TH, R-MF, MH or A District. When abutting an O, C or I District, the minimum setback shall be zero feet. When abutting other property designated by the Chester Village Plan for non-single-family residential land uses, the minimum setback for buildings shall be 25 feet unless waived by the director of planning at the request of the adjacent property owner, in which case the minimum setback shall be reduced to zero ~eet provided there are no openings in the wall buil~ along the property line. When abutting other property designated by the Chester Village Plan i for non-single-family residential land uses, the minimum setback for drives and parking areas shall be zero feet; however, if the adjacent property is occupied by a residence, a solid screen or fence at least four feet high shall be instaliled unless waived by the director of planning at the request of the adjacent property owners. Vacant property located within the area designated by the Chester Village Plan as "mixed use: neighborhood ioffice and single-family residential" shall be considered a non-single-family residential land use regardless of the zoning of the parcel. (s) Setbacks for gasoline pumps: The setbacks for gasoline pumps and drives serving gasoline pump islands shall be the samel as those for drives and parking areas as required iin paragraphs (1) through (4) above. o o o Bon Air Village: The minimum setbacks for all buildings, drives, and surface and deck parking areas shall be as follows: (1) Front and corner side setbacks: The minimum front and corner side setbacks Shall be zero feet. (2) Side setbacks: Except as !noted below, the minimum side setback shall be 15 ~eet with the installation of perimeter landscaping B for property adjacent to any R, R-TH, R-MF, MH District or any property 01-893 11/14/01 designated for an R, R-TH or R-MF District on the comprehensive plan or any property used for residential purposes. This setback may be reduced to 0 feet upon installation of a wall, eight feet in height, made of material similar to the principal building or by locating the main building's wall (with no openings) adjacent to the residential property. When abutting an O, C or I District or property occupied by an O, C or I use, the minimum setback shall be zero feet. (3) Rear setbacks: Except as noted below, the minimum side setback shall be 25 feet with the installation of perimeter landscaping B for property adjacent to any R, R-TH, R-MF, MH District or any property designated for an R, R-TH, MH or R-MF District on the comprehensive plan or any property used for residential purposes. This setback may be reduced to 0 feet upon installation of a wall, eight feet in height, and made of material similar to the principal building or by locating the main building's wall (with no openings) adjacent to the residential property. When abutting an O, C or I District or property occupied by an O, C or I use, the minimum setback shall be zero feet. o o o Sec. 19-611. Architectural treatment. (a) Within the Ettrick Business Core: New development shall be compatible with the pedestrian scale and historic village character of Ettrick. New or altered buildings should be generally consistent in height, scale, massing (shape) and materials with existing structures in the village. The intent of this section is to insure functional and visual compatibility, not to specifically encourage imitation of past architectural styles. (b) Within all other village districts: No building exterior (whether front, side or rear) shall consist of architectural materials inferior in quality, appearance or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different exteriors (which would be acceptable if representative of good architectural design) but rather, shall preclude the use of inferior materials on sides which face adjoining property and thus, might adversely impact existing or future development causing a substantial depreciation of property values. No portion of a building constructed of unadorned cinder block or corrugated and/or sheet metal shall be visible from any adjoining A, R, R-TH, R-MF, MH or O District or any public right of way. Further, buildings shall be designed to impart harmonious proportions and to avoid monotonous facades or large bulky masses. Buildings shall possess architectural variety but shall be compatible with existing structures, especially nearby structures of high historic interest. New or remodeled buildings shall enhance an overall cohesive village character as reflected in existing structures. This character shall be achieved through the use of design elements--including, but not limited to, materials, balconies and/or terraces, articulation of doors and windows, sculptural or textural relief of facades, architectural ornamentation, varied roof lines or other appurtenances such as lighting fixtures and/or planting--as~ are described applicable adopted plans and gUidelines. in the Sec. 19-612. Heights. The maximum height of all buildings within any O, C or I district shall be as specified in!this section, except as provided in section 19-507 and 19-5017.1 (1) Midlothian Village Core, iChester Village Corridor East: No structure shall eixceed a height of two and one-half stories or 30 fee!t, whichever is less. (2) Ail other village district areas: No structure shall exceed a height of three stories or 45 feet, whichever is less. (3) Generally: No structure ~within 200 feet of any property in an R, R-TH, MH or R-MF district shall exceed a height of two and one-half stories or 30 feet, whichever is less. However, if there is an existing dwelling more thaz two and one-half stories in height within 100 feet of the district, the height of the structure may be increased to the height of the dwelling. (2) That this ordinance shall become effective February 1, 2002. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 16 .B. TO CONSIDER CHANGES TO THE ZONING ORDINANCE RELATING TO AMENDMENTS TO PREVIOUSLY ZONED PROPERTy Mr. Jacobson stated that this date and time has been advertised for a public hearing to considerl changes to the zoning ordinance relating to amendments to Previously zoned property. He further stated that the proposed ordinance clarifies that future amendments to portions of an original zoning case will not place the remaining property ini violation of the zoning ordinance. He stated that the Planning Commission directed staff to draft changes to broaden the notification requirements, but after further Consideration, voted to recommend denial of the proposed changes to Section 19-26 relative to broadening the notification. He further stated that staff is also recommending that the Board not adopt the proposed change to Section 19-26 relative to notification. No one came forward to speak to the Ordinance. On motion of Mr. Miller, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 19-16, 19-17 and 19-26 RELATING TO ZONING .AMENDMENTS BE IT ORDAINED by the Board of S~pervisors of Chesterfield County: (1) That Sections 19-16, 19-17! and 19-26 of the Code of ~h~ County of Chesterfie~, 1997, as amended, are amended and re-enacted to read as follows: Sec. 19-16. Amendments. An application to amend a condition of a zoning approval imposed by the board of supervisors applicable to part or all 0i-895 ii/i4/oi of the development or to rezone property within the development which received its original zoning after April 27, 1994, and which meets the requirements of this chapter, shall be considered by the board of supervisors notwithstanding the fact that all parcels subject to the original condition or zoning are not included within the application to amend or rezone. The board's approval of any such rezoning or amendment shall not cause the remainder of the original development to be in violation of the original conditions of zoning for the development. Sec. 19-17. Zoning amendments. Ail zoning cases decided on or before April 27, 1994, shall be subject to a condition that permits an applicant to amend a condition of a zoning approval imposed by the board of supervisors applicable to part or all of the development or to rezone property within the development notwithstanding the fact that all parcels subject to the original condition or zoning are not included within the application to amend or rezone. The board's approval of any such rezoning or amendment shall not cause the remainder of the original development to be in violation of the original conditions of zoning for the development. o o o Sec. 19-26. Hearings; notification and posting of property. o o o (c) (1) With regard to any action referred to in subsection (a) above, except amendments to the comprehensive plan, the owner of the affected parcel, as identified in the assessor's records, and the property owners identified in section 19-24(c) shall be given not less that 15 days' written notice sent by registered, certified or first class mail for any hearing on any such action. If the written notice is provided by first class mail, the director of planning shall make affidavit that the mailings have been made and file the affidavit with the papers in the case. If the public hearing is continued or deferred to a date that has not previously been advertised, notice shall be remailed. If the public hearing is continued or deferred to a date that has been previously advertised or if the public hearing is closed and the decision deferred to a later date, notice need not be remailed. (2) With regard to any action referred to in sections 19- 16 and 19-17, written notice of any public hearing on an application to amend a zoning condition or rezone property shall be given to the last known representatives of all civic associations on the Civic Association Notice List filed with the planning department operating within the area encompassed by the property which is subject to the original zoning or condition and to all property owners of record with the assessor's office whose property was subject to the original zoning or condition, and whose property is located within 1,500 feet of the property which is the subject of the application. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 01-896 11/14/01 16 .C. TO CONSIDER AN ORDINANCE RELATING TO PRIVATE ON-SIT.: SEWAGE EVALUATIONS AND RENEWALS OF SEPTIC SYST~-: PERMITS Mr. Micas stated that this date and~ time has been advertised for a public hearing to consider an ordinance relating to private on-site sewage evaluationsl and renewals of septic system permits. No one came forward to speak to the Ordinance. On motion of Mr. McHale, seconded byi Mrs. Humphrey, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 12-15 RELATING TO SEPTIC TANKS AND SEPTIC SYSTEMS BE IT ORDAINED by the Board of SUpervisors of Chesterfield County: (i) That Section 12-15 of the Code of the CQun%y Qf Chesterfie~4, 1997, as amended, is amended and re- enacted to read as follows: Sec. 12-15. Same-Applications; fee; expiration. o o o (a) The application for a Permit required by the preceding section shall be made to the health department and the applicant shall furnish the following information: (i) Descriptions, location and idimensions of the land or lot where the septic tank drainfield system will be installed. (2) Approximate location of the proposed dwelling on the lot. (3) Number of bedrooms in the proposed dwelling. (4) Whether the dwelling will have automatic laundry, dishwasher or garbage disposal. (5) A description of the water supply. (6) When required by the county health department, a plat showing the location of existing buildings, water supply and sewage disposal in the area of the septic tank drainfield system. (7) Results of percolation tests and soil evaluations of specific lots if requested by the health department. Percolation tests shall be performed in accordance with procedures of the state department of health. (b) Percolation tests must be conducted by persons approved by the county health departmelnt. Such approved persons shall conduct such tests when requested by the health department at the expense of the own.er, and the results of the test shall be submitted to the count~ health department. (c) The Director of Health, for his designee, shall approve or deny an application for permit within 15 days of the submission of a complete applicationlfor a single lot request or within 60 days of the submission Of a complete application for a multiple lots within a subdivision. 01-897 ii/i~/Oi (d) After an individual sewage disposal system permit application is approved, but before the permit is issued, the applicant must pay to the county health department a permit fee in the amount of $125.00. Permits shall expire 18 months after they are issued. Permits may be renewed within (18) months from the expiration date of a previously approved permit. No person shall install an individual sewage disposal systems until the expired permit is renewed in writing by the health department. No additional fee is required for renewal. (2) That this ordinance shall become effective immediately upon adoption. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 16 ,D. TO CONSIDER ORDINANCE AMENDMENTS RELATING TO THE COLLECTION A/FD REMITTANCE OF TELEPHO~q~, 911. AND CONSUMER UTILITY TAXES Mr. Micas stated that this date and time has been advertised for a public hearing to consider ordinance amendments relating to the collection and remittance of telephone, 911, and consumer utility taxes. No one came forward to speak to the ordinance. On motion of Mr. Miller, seconded by Mr. Warren, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS ~ENDED BY AMENDING AND RE-ENACTING SECTIONS 9-143 AND 9-174 RELATING TO BILLING, COLLECTION AND REMITTANCE OF TAX BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 9-143 and 9-174 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 9-143. Collection and remittance by seller. Every telephone service seller shall collect the tax imposed at the time of collecting its service purchase price and shall remit to the commissioner of revenue no later than the last day of each month the amount of the tax billed during the preceding month together with the name and address of any purchaser who has refused to pay the tax. The required report shall be in a form prescribed by the commissioner of revenue. o o o Sec. 9-174. Billing, collection and remittance of tax. Ail service providers under this article shall bill the applicable consumer tax to all users who are subject to the tax and shall remit the same to the commissioner of the revenue for the county on a monthly basis. Service providers collecting a tax pursuant to § 9-171 shall remit no later than the last day of each month the amount of the tax billed during the preceding month. Service providers collecting a tax pursuant to § 9-172 shall remit monthly no later than the last day of the succeeding month of collection. Such taxes shall be paid by the service provider to the commissioner of the revenue for the county in accordance with applicable state code and remitted in 01-898 11/14/01 a form approved by the commissioner o!f revenue. Any tax paid by the consumer to the service provider Shall be deemed to be held in trust by such provider until remitted to the county. Failure of the service provider to remit cOnsumer taxes on a timely basis shall subject the service provider to penalties and interest as provided in section 9-6. (2) That this ordinance immediately upon adoption. Shall become effective Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. 17. ADJOURNMENT On motion of Mr. McHale, seconded by Mr. Warren, the Board adjourned at 8:20 p.m. until November 28, 2001 at 4:00 p.m. Ayes: Humphrey, Miller, Barber, McHale and Warren. Nays: None. Renny Bush Humphrey chairman 01-899 11/14/01