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2013-05-08 / Legal Notices

Legals

Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on Wednesday, May 22, 2013, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Route 10 and Lori Road, Chesterfield, Virginia, will hold a public hearing where persons may appear and present their views concerning:

An ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Sections 19-5, 19-632 and 19-638 of the Zoning Ordinance relating to banners. In addition to restructuring regulations from text to chart format, the proposed amendments would: (i) require violations of the banner regulations to be corrected within twenty – four (24) hours rather than ten (10) days and allow denial of a banner application for up to one (1) year if the applicant has received two (2) notices of violation within any twelve (12) month period; (ii) redefine “banners” to delete the requirement that banners only advertise a special promotion or activity; (iii) expand the permissible uses of banners; (iv) streamline the application process; (v) allow businesses to display banners for 120 days per year instead of sixty (60) days; (vi) allow banners to be displayed for up to sixty (60) consecutive days instead of thirty (30) consecutive days; (vii) reduce the permissible size of freestanding banners from fifty (50) square feet to thirty-two (32) square feet; (viii) allow building mounted banners to be up to 15 percent of the building face; and (ix) modify the permitted locations, number and size of certain permitted banners.

The proposed ordinance amendment is available for examination by the public in the County Administrator’s Office and the Clerk to the Board’s Office (Room 504) at the Lane B. Ramsey Administration Building, 9901 Lori Road, Chesterfield Virginia. If further information is desired, please contact Greg Allen, Planning Manager, at (804) 748-1072, between the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday.

The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or the need for reasonable accommodations should contact Janice Blakley, Clerk to the Board, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Board no later than Friday, May 17, 2013.

TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at an adjourned meeting on May 22, 2013, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Rt. 10 and Lori Road, Chesterfield, Virginia, will jointly hold a public hearing with the Virginia Department of Transportation where persons affected may appear and present their views to consider:

An amendment to the FY2013–FY2018 Secondary Road Construction Six-Year Plan and adoption of the FY2014 Secondary Road Construction Budget for Chesterfield County. Interested citizens may present comments regarding the road improvement plan and the budget.

The plan and budget are available at the Chesterfield County Transportation Department located in the Chesterfield County Community Development building at 9800 Government Center Parkway, 3rd Floor, or call 748- 1037, between the hours of 8:30 a.m. to 5:00 p.m. VDOT ensures nondiscrimination in all programs and activities in accordance with Title VI of the Civil Rights Act of 1964.

The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or need for reasonable accommodations should contact Janice Blakley, Clerk to the Board, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Board no later than Friday, May 17, 2013.

TAKE NOTICE Take notice that the Board of Supervisors of Chesterfield County, Virginia, at a regularly scheduled meeting on May 22, 2013, at 6:30 p.m. in the County Public Meeting Room at the Chesterfield Administration Building, Rt. 10 and Lori Road, Chesterfield, Virginia will hold a public hearing where persons affected may appear and present views to consider:

An ordinance dividing the Midlothian Voting Precinct in the Midlothian Magisterial District into two precincts by creating a new precinct out of the Northern part of Midlothian Voting Precinct and creating a new polling place for the new, Midlothian North Voting Precinct at the Lifelong Learning Institute.

A copy of the full text of the proposed ordinance, and a map showing the change described in the ordinance, is on file in the Office of the Clerk to the Board of Supervisors and the County Administrator’s Office, Room 504, 9901 Lori Road, Chesterfield, Virginia and may be examined by all interested persons between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. If further information is desired, please contact the County Attorney’s Office at (804) 748- 1491.

The hearing is held at a public facility designed to be accessible to persons with disabilities. Any person with questions on the accessibility of the facility or need for reasonable accommodations should contact Janice Blakley, Clerk to the Board, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Board no later than Friday, May 17, 2013.

PUBLIC NOTICE The Board of Supervisors of Chesterfield County on Wednesday May 22 2013 beginning at 6:30 pm in Public Meeting Room at 10001 Iron Bridge Rd Chesterfield Virginia will consider following requests:

13SN0134*: In Dale Mag Dist GOD’S STOREHOUSE BAPTIST CHURCH reqs conditional use planned development approval & amdt of zon dist map to permit exception to Ord requirements rel to reduction in setbacks for parking & drives in R-7 Dist on 3.7 acres known as 5007 Jessup Rd. Density controlled by conds or Ord. Comp Plan suggests suburban residential II use 2.0 to 4.0 dwellings per acre.

13SN0186: In Bermuda Mag Dist STEPHANIE WALTA & JOSEPH WALTA request manufactured home permit approval & amdt of zon dist map to permit temporary manufactured home in R-7 Dist on .2 acre known as 10114 Brightwood Ave. Density is 5 units/acre. Comp Plan suggests residential use of 2.51-4 units/acre.

13SN0501: In Clover Hill Mag Dist CHURCH No. 9509 LP reqs amdt of zon Case 01SN0276 & amdt of zon dist map rel to location of traffic signal in C-2 & C-3 Dists on 22.1 acres front 885’ on SW line of Midlothian Tnpk 155’ N W of Tuxford Rd. Density controlled by conds or Ord. Comp Plan suggests Corporate Office use.

13SN0507: In Midlothian Mag Dist RYANN BARNUM reqs conditional use approval & amdt of zon dist map to permit residential stock farm chickens in R-40 Dist on 2 acres known as 2221 Swamp Fox Rd. Density controlled by conds or Ord. Comp Plan suggests Suburban Residential I use maximum of 2.0 dwellings per acre.

13SN0516***: In Clover Hill Mag Dist RCC GENITO LLC reqs amdt of conditional use planned development Case 84SN0135 & amdt of zon dist map rel to signage in C-3 Dist on 10.9 acres front in 2 places for total of 370’ on E line of Genito Rd N of Hull Street Rd also front 90’ on N line of Hull Street Rd E of Genito Rd. Density controlled by conds or Ord. Comp Plan suggests Community Business use.

13SN0517***: In Bermuda Mag Dist PRIORITY VOLKSWAGEN C/O ELLMER PROPERTIES CHESTERFIELD LLC reqs amdt of conditional use planned development Case 12SN0197 & amdt of zon dist map rel to gravel parking in C-5 Dist on 8.6 acres front 460’ on S line of Ruffin Mill Rd 1970’ S of Woods Edge Rd. Density controlled by conds or Ord. Comp Plan suggests Industrial use.

* This case was deferred at previous session by Board of Supervisors.

*** If these cases are acted upon by Planning Commission on May 21 2013 they will be heard by Board of Supervisors on May 22 2013.

All persons favoring opposing or interested in above are invited to appear at time & place herein stated & may speak. Copies of above requests are on file in Planning Department at Chesterfield County Community Development Building 9800 Government Center Pkwy Chesterfield Virginia & at County Administrator’s Office Room 504 at Ln B. Ramsey Administration Building for public examination during regular business hrs 8:30 am to 5:00 pm Monday through Friday.

Please check first with Planning Dept. More information about these requests can be found at www.chesterfield.gov/plan. Comments and/ or recommendations on above can be submitted to planning@chesterfield.gov.

TAKE NOTICE That on May 22, 2013, at 6:30 p.m. or as soon thereafter as may be heard, the Board of Supervisors of Chesterfield County at its regular meeting place in the Public Meeting Room of Chesterfield County, Virginia, will consider the following ordinance for adoption:

AN ORDINANCE to vacate a 16’ sewer easement, portion of a 20’ drainage and sewer easement and 10’ temporary construction easements across Lot 22, Cottage Mill Subdivision, as shown on a plat by J. K. Timmons & Associates, Inc., dated June 27, 1984, recorded July 19, 1984, in the Clerk's Office, Circuit Court, Chesterfield County, Virginia, in Plat Book 46, at Page 76.

Information regarding the proposed ordinance is on file in the Right of Way Office in Chesterfield County, Virginia, and may be examined by all interested parties between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.

The hearing is held at a public facility designed to be accessible to persons with disabilities. Any persons with questions on the accessibility of the facility or need for reasonable accommodations should contact Janice B. Blakley, Clerk to the Board, at 748-1200. Persons needing interpreter services for the deaf must notify the Clerk to the Board no later than May 17, 2013.

VIRGINIA:

IN THE CIRCUIT COURT OF THE

COUNTY OF CHESTERFIELD

NICOLE R. GACHUZO,

PLAINTIFF

V. CASE NO.: CL13-520 JOSE DOLORES GACHUZO ALVAREZ,

DEFENDANT. ORDER OF PUBLICATION March 25, 2013

The object of this suit is to obtain a divorce from the bond of matrimony from the Defendant on the grounds of living separate and apart for a period exceeding one year.

It appearing by affidavit that the Defendant is not a resident of this Commonwealth and the Defendant’s last known whereabouts are unknown, the Defendant’s present whereabouts are unknown, and diligence has been used by or on behalf of the Plaintiff to ascertain in what county or city the Defendant is without effect, it is ORDERED that the Defendant appear before this Court on or before June 3, 2013 @ 9:15 and protect his interests herein. AN EXTRACT TESTE: JUDY L. WORTHINGTON, CLERK

PUBLIC NOTICE The Planning Commission of Chesterfield County on Tuesday May 21 2013 beginning at 6:00 pm in Public Meeting Room at 10001 Iron Bridge Rd Chesterfield Virginia will consider following requests. If all items cannot be completed on Tuesday May 21 2013 meeting will be recessed to Thursday May 23 2013 at 6:00 pm in Public Meeting Room.

06SN0220*: (AMENDED) In Dale Mag Dist BROOKSTONE BUILDERS reqs rezon & amdt of zon dist map from A & R-12 to R-15 on 140.6 acres front in 470’ on N line of Jacobs Rd W of Fordham Rd also front 1300’ on S & W lines of Fordham Rd. Residential use of up to 2.9 units/acre is prmtd in R-15 Dist. Comp Plan suggests Suburban Residential II use 2.0 to 4.0 dwellings per acre.

12SN0207*: In Clover Hill Mag Dist COMMUNITY LOANS OF AMERICA reqs conditional use approval & amdt of zon dist map to permit motor vehicle title lending in C-5 Dist on .9 acre known as 10051 Midlothian Tnpk. Density controlled by conds or Ord. Comp Plan suggests Neighborhood Business use.

12SN0226*: In Matoaca Mag Dist JACK R. WILSON III reqs amdt of conditional use planned development Case 06SN0163 & amdt of zon dist map rel to modification of cash proffer payments & required road improvements in R-MF District on 66.3 acres front 910’ on E line of Otterdale Rd 1000’ E of Foxcreek Crossing. Density controlled by conds or Ord. Comp Plan suggests Medium-High Density Residential use minimum 4.0 to 8.0 dwellings per acre.

12SN0227*: In Bermuda Mag Dist TWIN RIVERS LLC reqs amdt of conditional use planned development Case 08SN0111 & amdt of zon dist map rel to conceptual plan uses development standards access & deletion of cash proffers in C-3 Dist on 67.7 acres located in SW corner of Meadowville & N Enon Church Rds. Density controlled by conds or Ord. Comp Plan suggests Community Mixed use.

13SN0102*: In Clover Hill Mag Dist TITLE MAX OF VIRGINIA INC. reqs conditional use approval & amdt of zon dist map to permit motor vehicle title lending in C-5 Dist on .9 acre known as 11225 Midlothian Tnpk. Density controlled by conds or Ord. Comp Plan suggests Community Business use.

13SN0104*: In Bermuda Mag Dist TITLE MAX OF VIRGINIA INC. reqs conditional use planned development approval & amdt of zon dist map to permit motor vehicle title lending in C-3 Dist on 1.6 acres known as 12540 Jefferson Davis Hwy. Density controlled by conds or Ord. Comp Plan suggests Regional Mixed use.

13SN0125*: In Clover Hill Mag Dist VIRIDIS DEVELOPMENT CORPORATION reqs amdt of zon Case 06SN0127 & amdt of zon dist map to eliminate cash proffers & increase density in R-12 Dist on 22.6 acres lying at northern terminus of Vickilee Rd western terminus of Marblethorpe Rd eastern terminus of N Vickilee Rd & Vickilee Ct. Residential use of up to 3.63 units/acre is prmtd in R-7 Dist. Comp Plan suggests Residential use of 2.5 dwellings/acre or less.

13SN0128*: In Clover Hill Mag Dist TITLE MAX OF VIRGINIA INC. reqs conditional use approval & amdt of zon dist map to permit motor vehicle title lending in C-5 Dist on 1.2 acres known as 10400 Hull Street Rd. Density controlled by conds or Ord. Comp Plan suggests Neighborhood Business use.

13SN0131*: In Dale Mag Dist TERRAFORGE INC. reqs amdt of conditional use planned development Case 05SN0219 & amdt of zon dist map rel to deletion of cash proffers in R-12 Dist on 174.8 acres front 2400’ on E line of Conifer Rd 480’ S of Bellbrook Dr. Density controlled by conds or Ord. Comp Plan suggests Suburban Residential II use 2.0 to 4.0 dwellings per acre.

13SN0132*: (AMENDED) In Dale Mag Dist CHESTERFIELD BUSINESS PARTNERS LLC & KINGSLAND TOWNCENTER LLC req amdt of conditional use Cases 06SN0237 & 07SN0226 & amdt of zon dist map rel to deletion of cash proffers in C-3 Dist on 101 acres front W line of Iron Bridge Rd & N & S lines of Kingsland Glen Dr. Density controlled by conds or Ord. Comp Plan suggests Community Business & Industrial uses.

13SN0135*: In Dale Mag Dist NASH RD/ WOODPECKER RD LLC reqs amdt of zon Cases 05SN0229 & 10SN0205 & amdt of zon dist map rel to deletion of cash proffers & to modify payment schedule of transportation contribution in R-40 Dist on 396.5 acres front 1100’ on SE line of Nash Rd 3200’ NE of Eastfair Dr. Density controlled by conds or Ord. Comp Plan suggests Residential Agricultural use maximum of 0.5 dwellings per acre.

13SN0161*: (AMENDED) In Dale Mag Dist DOUGLAS HACKMAN & DEBORAH HACKMAN req rezon & amdt of zon dist map from I-1 to I-1 with conditional use approval to permit commercial indoor & outdoor recreational uses limited C-3 uses & outside public address system plus conditional use planned development to permit exceptions to Ord requirements on 23.6 acres located in SE corner of Newbys Bridge Rd & Hagood Ln. Density controlled by conds or Ord. Comp Plan suggests Industrial use.

13SN0505*: In Bermuda Mag Dist JACK R. WILSON III reqs rezon from C-3 to C-5 plus conditional use approval & amdt of zon dist map to permit motor vehicle title lending on .3 acre known as 11648 Jefferson Davis Hwy. Density controlled by conds or Ord. Comp Plan suggests Commercial use.

13SN0508*: (AMENDED) In Clover Hill Mag Dist WHITCO LLC WHITTEN BROS. reqs amdt of conditional use planned development Case 83SN0024 & amdt to zon Cases 81SN0145 & 88SN0023 plus conditional use planned development & amdt of zon dist map rel to buffers & setbacks in C-5 & I-1 Dists on 5 acres known as 10701 & 10745 Midlothian Tnpk. Density controlled by conds or Ord. Comp Plan suggests Community Business use.

13SN0509*: (AMENDED) In Midlothian Mag Dist CHARTER E & A LLC reqs amdt of conditional use planned development Case 94SN0138 & amdt of zon dist map rel to location of E/W collector Rd setbacks & landscape plan approval process along Le Gordon Dr in C-3 Dist on 26.9 acres located in SW corner of Midlothian Tnpk & Charter Colony Pkwy. Density controlled by conds or Ord. Comp Plan suggests Village Fringe Area & Planned Transition Area uses.

13SN0512*: In Bermuda Mag Dist BABITA RANI & GURPREET KAUR req conditional use approval & amdt of zon dist map to permit family day-care home in R-12 Dist on .5 acre known as 6731 Arbor Meadows Dr. Density controlled by conds or Ord. Comp Plan suggests Suburban Residential II use 2.0 to 4.0 dwellings per acre.

13SN0513*: In Bermuda Mag Dist D&R ASSOCIATES INC. reqs rezon & amdt of zon dist map from I-1 to I-2 with conditional use to permit motor vehicle storage towing lot & motor vehicle repair on 3 acres front 240’ on W line of Old Stage Rd 890’ N of Battery Dantzler Rd. Density controlled by conds or Ord. Comp Plan suggests Industrial use.

13SN0506: In Dale Mag Dist YMCA OF GREATER RICHMOND reqs conditional use approval & amdt of zon dist map to permit indoor & outdoor recreational uses; child care use; banquet reception & conference use; & lodging facility use in R-7 Dist on 6.3 acres front 265’ on N line of Shawonodasee Rd 845’ SW of Courthouse Rd. Density controlled by conds or Ord. Comp Plan suggests Suburban Residential II 2.0 to 4.0 dwellings per acre & Corporate Office/Research & Development/Light Industrial uses.

13SN0514: In Bermuda Mag Dist DAVID W. CRIDLIN reqs conditional use approval & amdt of zon dist map to permit business (welding) incidental to dwelling in A Dist on 1.9 acres known as 2408 Point of Rocks Rd. Density controlled by conds or Ord. Comp Plan suggests Community Mixed use.

13SN0515: In Dale Mag Dist TONYA HUDSON reqs conditional use approval & amdt of zon dist map to permit family daycare home in R-7 Dist on .4 acre known as 6303 Amasis Ct. Density controlled by conds or Ord. Comp Plan suggests Suburban Residential II use 2.0 to 4.0 dwellings per acre.

13SN0516***: In Clover Hill Mag Dist RCC GENITO LLC reqs amdt of conditional use planned development Case 84SN0135 & amdt of zon dist map rel to signage in C-3 Dist on 10.9 acres front in 2 places for total of 370’ on E line of Genito Rd N of Hull Street Rd also front 90’ on N line of Hull Street Rd E of Genito Rd. Density controlled by conds or Ord. Comp Plan suggests Community Business use.

13SN0517***: In Bermuda Mag Dist PRIORITY VOLKSWAGEN C/O ELLMER PROPERTIES CHESTERFIELD LLC reqs amdt of conditional use planned development Case 12SN0197 & amdt of zon dist map rel to gravel parking in C-5 Dist on 8.6 acres front 460’ on S line of Ruffin Mill Rd 1970’ S of Woods Edge Rd. Density controlled by conds or Ord. Comp Plan suggests Industrial use.

13SN0518: In Dale Mag Dist MAURICE E. MORGAN JR. reqs conditional use approval & amdt of zon dist map to permit business (counselor’s office) incidental to dwelling in R-9 Dist on .3 acre known as 3412 Morningmist Circle. Density controlled by conds or Ord. Comp Plan suggests Suburban Residential II use 2.0 to 4.0 dwellings per acre.

• • • An ordinance to amend the Code of the County of Chesterfield, 1997, as amended (“County Code”), by amending and reenacting portions of Chapter 19 (Zoning Ordinance), specifically Sections 19-5, 19- 14, 19-58, 19-69, 19-74, 19-79, 19-84, 19- 89, 19-94, 19-99, 19-105, 19-106, 19-128, 12-200.1, 19-200.7, 19-200.8, 19-200.9, 19-200.11, 19-233, 19-241, 19-261, 19-264, 19-265, 19-274, 19-301, 19-505, 19-510, 19-513, 19-517, 19-518, 19-520, 19-521, 19-522, 19-523, 19-526, 19-551, 19-555, 19-559, 19-582 and 19-608, and adding Sections 19-560, 19-561, and 19-562. Also, an Ordinance to amend the County Code by repealing Chapter 17 (Subdivision Ordinance) and enacting a new Chapter 17, specifically Sections 17-1 through 17- 91. Fees in the new Chapter 17 will remain the same as the old Chapter 17 except as described below. The legal authority for enactment of these fees, levies, increases and/or decreases includes the County Charter and Va. Code §15.2-2241(9). No other new or increased fees are proposed with this ordinance amendment. The proposed ordinance amendment and information concerning the documentation for the proposed fee, levy, increase and/ or decrease are available for examination by the public at the Chesterfield County Planning Department, Chesterfield County Community Development Bldg, 9800 Government Center Parkway, Chesterfield, Virginia and the County Administrator’s Office at the Lane B. Ramsey Admin Bldg, 9901 Lori Road, Chesterfield, Virginia. The proposed ordinance changes are summarized below. CHAPTER 19: Among other things, the proposed amendments would: (1) Amend definitions to include “Plan review” to cover development related plans and plats; (2) Replace term “Common open space” with “Common area” and amend definition to remove reference to Traditional Neighborhood Development (TND) projects and exclude wetlands and private pavement from such areas; (3) In Residential (R) districts, eliminate radius standard in determining setbacks along cul-de-sac bulb and eliminate additional 25 foot setback along arterial and collector streets; (4) Replace term “tentative plat” with “preliminary plat”; (5) Require that lots in a Residential Townhouse (R-TH) subdivision front on a local street unless approved by dir. of transportation and require streets which provide general traffic circulation be state maintained; (6) Require that private pavement in R-TH subdivisions meet Chapter 17 (subdivision ordinance) standards; (7) Allow limited use of special access streets within R-TH subdivisions; (8) Require in R-TH subdivisions that no parking be provided in yard adjacent to special access street; (9) Require that issuance of building permits in R-TH subdivision be in conjunction with phasing of recreational facilities per approved preliminary plat; (10) Require that a subdivider post signs demarking boundary of a Resource Protection Area (RPA); (11) Relocate provisions from former Sec. 17-62 that require setbacks from RPA, floodplains and wetlands for residential structures; (12) Relocate requirement from former Sec. 17-62 that water and wastewater lines not be located within a SWM/BMP facility; (13) Amend definitions to include term “Code” to refer to the County Code; (14) Amend definition of “Development” to include a tract of land developed for business, industrial or residential uses; (15) Revise definition of “Open space” to specify that in residential development open space includes area not contained in lots or public roads. (16) Provide definition for “Private pavement” to address paved areas in a development which are not state maintained and are either within open space or in easements maintained by private entity; (17) Include definition for “Road” to reference “Street” as defined in Chapter 19; (18) Include definition for “Yard, Corner Side” to cover area between right-of-way and main building from front yard to rear property line and to establish which yard is considered corner side; (19) Amend definition of “Yard, rear” to exclude corner side yard for corner lot; (20) Include definition of “Street, Residential collector” relocated from former Chapter 17; (21) Amend parking requirements for R-TH developments to require that one additional parking space be provided for each five dwelling units as guest parking; (21) Revise existing landscaping and buffer requirements to accommodate buffer standards formerly located within Chapter 17; (22) Provide provisions to permit limbing of trees in buffers for subdivisions; (23) Provide provisions for bonding of subdivision related buffers; (22) Revise buffer standards for subdivisions to permit cut slopes no steeper than 3 to 1 within a required buffer; (24) Revise subdivision buffer standards to establish criteria permitting limited encroachment of easements along road side of buffer of up to 10 feet for collector roads and 15 feet for arterial roads when buffer is located within open space; (25) Provide standards by which the directors of transportation and planning may administratively modify subdivision buffer width subsequent to a preliminary plat approval for publically funded collector or arterial road projects to facilitate public easements or right-ofway; (26) Allow administrative approval and conditioning of alternative designs for subdivision buffers; (27) Establish criteria by which the location of a BMP facility within a required buffer along a public road may be permitted and administrative ability to address related impact; (28) Reformat existing matrices for buffers required between zoning districts and uses; (29) Reformat existing matrix for buffers along roads within a subdivision incorporating existing 19- 523(b) and former Sec. 17-70; (30) Revise subdivision buffer planting standards to meet Perimeter Landscaping B instead of Perimeter Landscaping C; (31) Revise maximum planting density for subdivision buffers to be no greater than three times Perimeter Landscaping B standards rather than a maximum of six times Perimeter Landscaping C requirements for 100 foot buffers; (32) Eliminate requirement for a 20 foot buffer along a local street to negate double frontage; (33) Require any family subdivision lot or parcel have frontage of at least 15 feet on a street; (34) Decrease setback to five feet for detached accessory structure directly adjacent to a buffer required by Section 19-523(b) rather than the applicable yard setback; (35) Delete requirement that copies of homeowners association documents be submitted to directors of environmental engineering and transportation; (36) Require homeowners association maintenance responsibilities include provisions for private pavement and retaining walls requiring building permit approval; (37) Relocate from former Chapter 17 required setbacks from petroleum product transmission pipelines or such easements; (38) Relocate from former Chapter 17 requirement that setbacks from temporary turnaround easements conform to setbacks for permanent right-of-way cul-de-sacs and amend setback to require main building be the greater of 20 feet from temporary turn around easement or the applicable yard setback from the ultimate right-of-way, and establish that accessory structures be setback from the ultimate right-of-way as required by Chapter; (39) Relocate from former Chapter 17 requirement that a 200 foot setback be provided adjacent to rightof way of a limited access street and amend the requirement to remove reference to the planning commission and to establish that the referenced noise study provided meet approval of director of transportation; (40) Reduce road frontage requirement in Agricultural (A) Districts from 300 feet to 250 feet; (41) Require home owners association documents to include language precluding application of easements, covenants, conditions, restrictions or obligations created therein from applying to land conveyed to the County or the State for roads or other public uses; (42) Restructure certain regulations from text to chart format. CHAPTER 17: Among other things, and in addition to reformatting and restructuring existing regulations, the proposed amendments would: (1) Provide that applicants with pending applications may request review under standards applicable at time of submittal rather than under provisions of these amendments; (2) Provide that if right-ofway or improvements are taken or acquired by the County or other entity having eminent domain authority, this shall not, by itself, render the remaining lot or parcel nonconforming to Chapter 17; (3) Replace term “tentative plat” with “preliminary plat” and revise definition and related processes; (4) Replace term “alternative to the chapter” with “exception”; (5) Remove reference to financial consideration from the exception provisions; (6) Clarify that fees related to preliminary plat require additional submittal fee of $700 starting with the fourth submittal; (7) Replace “Substitute to an approved tentative” with the new process Technical Correction Letter; (8) Amend fees so that lot and minor subdivision final plats (formerly final check plats) have same fees of $1,100.00 plus $20.00 per lot, formerly minor subdivision plat review was $400.00; (9) Amend fees so that all Amended or Line modification final plats (formerly Final check resubdivision plat, final check amended plat and parcel line modification plat) have same fee of $85.00 per platted lot or parcel, formerly fee was $900.00 plus $20.00 per lot for resubdivision and amended final check plats and $50.00 per parcel for parcel line modification plat; (10) Amend fee for parcel plats to $85.00 per parcel from $60.00 per parcel; (11) Eliminate fee to transfer townhouse plan to electronic format; (12) Remove provisions for modifications of planned developments; (13) Clarify that application review times are in accordance with Virginia Code; (14) Establish provisions by which applications may be reviewed concurrently with state agency review; (15) Codify application and resubmittal requirements and provide for transmittal sheet for each resubmittal; (16) Permit an aggrieved person to request transfer of review from dir. of planning to planning commission for exception requests; (17) Establish criteria for an aggrieved person; (18) Revise enforcement provisions to include additional actions to remedy and prevent violations and include provisions of Virginia Code regarding judicially imposed fines; (19) Eliminate term “final check plat” and replace with “final plat”; (20) Establish criteria for Major and Minor Changes to approved preliminary plat applications and process by which changes may be made to applications; (21) Eliminate terms “tentative adjusted plat” and “tentative substitute plat” and provide that changes to approved preliminary plats be governed by whether the changes meet criteria of Major Change or Minor Change; (22) Provide that a Major Change to an approved preliminary plat requires submission of a preliminary plat application while a Minor Change may be approved by a Technical Correction Letter; (23) Remove requirement that newly created lots within a block of a recorded subdivision not be smaller than the average lot size and width of existing lots within block; (24) Provide that a preliminary plat be valid per provisions of Virginia Code to include that diligent pursuit of final plat approval be sought within three years; (25) Permit review of overall conceptual plan outside of preliminary plat review process; (26) Add fire marshal and depts. of transportation, utilities and environmental engineering to review process for residential parcel subdivision; (27) Include right-ofway dedication in determining acreage requirements for parcel subdivisions; (28) Require access to any lot or parcel, including family subdivisions, be provided within required frontage; (29) Require note added to final plat for any lot or parcel requiring a FEMA National Flood Insurance Program Elevation Certificate and provide that such lot or parcel be designated on final plat and construction plans; (30) Revise existing requirement that no more than 60 percent of building permits be issued within a recorded subdivision section until pavement requirements in that section have been completed, to require prior to issuance of more than 60 percent of building permits within a recorded subdivision section the first layer of asphalt concrete on all streets in that section be completed; (31) Require that buffers and sound setbacks be flagged; (32) Relocate subdivision buffer standards to Chapter 19 and revise to include: permitting administrative relief to certain buffer requirements, eliminating 20 foot buffer along local streets, reduction to planting density, allowing limited encroachment of easements, and permitting BMP facilities in buffers; (33) Require private improvements within a subdivision be labeled on plat and require signage for certain private improvements; (34) Amend requirements by which a road may be provided in lieu of a second access to permit no more than 100 lots, that road must traverse area encompassed in preliminary plat from certain existing roads to subdivision boundary, and that a phasing plan be established at time of preliminary plat review; (35) Reduce average lot frontage requirement for curb and gutter from 100 feet to 90 feet outside of the Upper Swift Creek Watershed; (36) Revise minimum pavement standards for local streets to permit use of VDOT approved base materials and two layers asphalt concrete; (37) Establish standards for use of private pavement and require third party inspection and review at costs of developer; (38) Eliminate requirement that lots or parcels at right angles to each other be avoided and eliminate prohibition against double frontage; (39) Eliminate requirement that lots fronting an arterial, collector or residential collector have setback line increased by 25 feet; (40) Revise standards for flag lots so that each lot has its own driveway from street, the flagpole portion extends no more than 150 feet from street and lots not be arranged so that one is behind another; (41) Expand use of flag lots to include circumstances where topography makes public street not feasible and to provide common area corridors; (42) Revise definition of “adjacent” to include property separated by street or open space; (43) Eliminate the term “conventional subdivision”; (44) Reduce road frontage requirement for parcel subdivisions from 300 feet to 250 feet. • • •

* These cases were deferred at a previous session by Planning Commission to their May 21 2013 public hearing.

*** If these cases are acted upon by Planning Commission on May 21 2013 they will be heard by Board of Supervisors on May 22 2013.

All persons favoring opposing or interested in above are invited to appear at time & place herein stated & may speak. Copies of above requests are on file in Planning Department at Chesterfield County Community Development Building 9800 Government Center Pkwy Chesterfield Virginia & at County Administrator’s Office Room 504 at Ln B. Ramsey Administration Building for public examination during regular business hrs 8:30 am to 5:00 pm Monday through Friday. Please check first with Planning Dept. More information about these requests can be found at www.chesterfield.gov/plan. Comments and/ or recommendations on above can be submitted to planning@chesterfield.gov.

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