Planning Commission Minutes Chesterfield, Virginia March 19, 2013

Transcription

1 Planning Commission Minutes Chesterfield, Virginia March 19, 2013 PRESENT: Dr. William P. Brown, Chairman Dr. Edgar V. Wallin, Vice Chairman Mr. Russell Gulley Mr. J. Dale Patton Mr. Reuben J. Waller, Jr. Mr. Kirkland A. Turner, Secretary to the Commission, Planning Director ALSO PRESENT: Dr. David Pritchard, Implementation Coordinator for the Comprehensive Plan, Special Projects Manager, Human Services Department Mr. Carl D. Schlaudt, Planning Manager, Community Development Mr. Michael E. Tompkins, Assistant Director, Development Review Section, Planning Department Mr. Glenn E. Larson, Assistant Director, Plans and Information Section, Planning Department Mr. Greg E. Allen, Planning Manager, Development Review Section, Planning Department Ms. Jane Peterson, Planning and Special Projects Manager, Development Review Section, Planning Department Mr. Steven F. Haasch, Planning Manager, Plans and Information Section, Planning Department Ms. Pamela Nichols, Clerk to the Commission, Plans and Information Section, Planning Department Ms. Tara McGee, Assistant County Attorney, County Attorney s Office Mr. Robert Clay, Planning and Special Projects Manager, Development Review Section, Planning Department Ms. Teresa C. Davis, Planning and Special Projects Coordinator, Development Review Section, Planning Department Ms. Darla W. Orr, Planning and Special Projects Manager, Development Review Section, Planning Department Mr. Jeffrey H. Lamson, Senior Planner, Development Review Section, Planning Department Mr. Ted Barclay, Code Compliance Supervisor Development Review Section, Planning Department Mr. Ray Cash, Senior Planner, Development Review Section, Planning Department Providing a FIRST CHOICE community through excellence in public service

2 Mr. Doug Pritchard, Engineering Supervisor, Environmental Engineering Department Mr. Dave Wolverton, Microcomputer Analyst Information Systems Technology ASSEMBLY AND WORK SESSION. Messrs. Brown, Wallin, Gulley, Patton, Waller and staff assembled at 1:00 p.m. in the Public Meeting Room, Chesterfield County Administration Building, Iron Bridge Road Chesterfield, VA, for a work session. I. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS, CHANGES IN THE ORDER OF PRESENTATION. There were no requests to postpone action, emergency additions, or changes in the order of presentation. I. Requests to Postpone Action, Emergency Additions, Changes in the Order of Presentation. II. Review Upcoming Agendas. (Any rezoning, conditional uses or conditional use planned developments scheduled for future meetings.) III. Review Day s Agenda. (Any items listed for the 4:00 p.m. and 6:00 p.m. Sessions.) IV. Work Program Review & Update. V. Planning Commission Follow-Up Items List. VI. Applicant Presentation Archiving. VII. Comprehensive Plan General Steps Implementation Update Phase I. VIII. Tower Siting Policy. IX. Proposed Code Amendments Relative to Subdivisions. X. Recess. II. REVIEW UPCOMING AGENDAS. Ms. Jane Peterson apprised the Commission of the caseload agendas for April, May and June Mr. Turner advised the Commission that the applicant s representative for Case 12SN0198, Skinquarter Land, LLC, verbally requested withdrawal of that case which is scheduled for the April 16, 2013 Planning Commission public hearing; and that the applicant s representative indicated his intent to submit a written request before the end of the work day. The Commission discussed the possibility of a special meeting to decide on an appropriate venue for the public hearing in the event Case 12SN0198 is not officially withdrawn. Dr. Wallin stated the applicant s representative also advised him of the withdrawal request; however, if the applicant chooses to move forward with the request, he will not extend the public hearing beyond April 16, He stated based on the number of citizens who attended the community meetings, the Public Meeting Room is not adequate in size to accommodate a large attendance and recommended that the public hearing be held at L. C. Bird High School. 2 P age

3 III. REVIEW DAY S AGENDA. Mr. Greg Allen presented an overview of, and staff s recommendations for, a request to be considered at the 4:00 p.m. session. Mr. Gulley complimented staff on their revisions to documents associated with the Planning Commission s monthly meetings. Ms. Jane Peterson presented an overview of, and staff s recommendations for, requests to be considered at the 6:00 p.m. session. She stated the Board of Supervisors deferred action on a policy and code amendments relative to Alternative Financial Institutions to include vehicle title lending businesses to their April 10, 2013 meeting; therefore, staff recommends deferring Case 12SN0207, 13SN0102, 13SN0104 and 13SN0128 to the May 21, 2013 Planning Commission public hearing; however, the applicants did not consent to May 21, 2013 and wishes to have the cases heard at the Planning Commission s April 16, 2013 public hearing. Dr. Wallin commented that the applicant consented to defer Case 12SN0226 to the May 21, 2013 public hearing while awaiting indication for the Board s position relative to their Cash Proffer Policy; and inquired if the applicant considered a deferral beyond May 21, The Commission directed staff to advise the applicants for Cases 12SN0207, 13SN0102, 13SN0104 and 13SN0128 of the Commission s intent to defer the cases to the May 21, 2013 Planning Commission public hearing. Mr. Turner advised the Commission that the applicant s representative for Case 12SN0207 consented to staff s deferral request to the May 21, 2013 Planning Commission public hearing. Mr. Kirk Turner noted that the Proposed Banner Code Amendment was scheduled for public hearing at the 6:00 p.m. session. IV. WORK PROGRAM - REVIEW AND UPDATE. WORK PROGRAM There were no comments on items listed on the work program. Mr. Waller remarked that the Summary of Work Completed Report, prepared by staff, was a positive reflection of the Planning Commission s achievements for 2012; and expressed appreciation to staff for their dedication and support. Dr. Wallin recognized Ms. Leisha G. LaRiviere, Director of Strategic Advancement Center for Public Administration and Policy with Virginia Polytechnic Institute and State University (Virginia Tech), for her work. V. PLANNING COMMISSION FOLLOW-UP ITEMS LIST. FOLLOW-UP ITEMS In response to a question by Mr. Gulley relative to the examples of cul-de-sacs, Mr. Allen stated those examples will be presented during the presentations on the Proposed Code Amendments Relative to Subdivisions. 3 P age

4 VI. APPLICANT PRESENTATION ARCHIVING. PRESENTATION ARCHIVING Mr. Michael Tompkins advised the Commission that in response to their request to archive presentations made by applicants during the course of a public meeting or hearing, staff will digitally archive all substantive presentations through Chesterfield County Media Center (CCTV) and internally by attaching the presentation to a specific discussion topic. He also expressed appreciation to Mr. Waller for his comments regarding the Summary of Work Completed Report. VII. COMPREHENSIVE PLAN GENERAL STEPS IMPLEMENTATION UPDATE - PHASE I. IMPLEMENTATION UPDATE Dr. David Pritchard expressed appreciation to Mr. Russell Gulley for his input regarding the Implementation Steps and Mr. Steve Haasch for his work. He stated currently all Phase I Implementation Projects are on schedule; and staff is preparing the project scope for the Phase II Prioritization which will probably result in thirty-six (36) tasks. He stated the Board of Supervisors has set a public hearing for April 10, 2013 for the Bridge the Gap Ordinance Amendments; that staff is conducting a meeting in the upcoming week to finalize directions regarding the Utilities Ordinances; and that the consultants are making progress on Water and Wastewater Facilities Plan as well as updating staff on a biweekly basis. Included in the Commission s packets was a timeline entitled Comprehensive Plan Phase 1 Implementation Timeline, and Mr. Gulley questioned why CPC Review was not included for Water and Wastewater Facilities Plan project; and why Final Staff Work was not listed for all of the projects. Dr. Pritchard responded that he will follow-up with Mr. Gulley s questions. Dr. Pritchard stated in regards to Infrastructure Financing, the committee is making progress; and has held two (2) meetings with the second meeting being opened to the public. He stated the committee anticipates making a formal recommendation to Mr. Stegmaier at their third meeting on Thursday. He stated Mr. Stegmaier will review the committee s recommendation and determine a date to present the recommendation to the Board. Mr. Patton stated as a Commission, they are being boxed while awaiting a decision from the Board on the Cash Proffer Policy considering the deferrals are based on the outcome of the Cash Proffer Policy. He stated he is trying to convey a reasonable expectation to developers and the public and does not anticipate a resolution by the Commission s May public hearing. Mr. Gulley stated he believes it is realistically impossible that the Board will have a resolution on the Cash Proffer Policy before July. Dr. Wallin stated he believes everyone is feeling the pressure of the growing number of cases being deferred. He stated the situation impacts the business community and economic growth which creates a sense of urgency. 4 P age

5 Mr. Gulley stated he prefers that staff prepares the Phase I Project Status Report following the Board s last meeting of the month in order to capture the Board s action on a particular project and to have the reports distributed in the second Planning Commission s packet. Dr. Pritchard stated staff s goal has been to compile and distribute the reports by the Board s second meeting. Dr. Brown stated if necessary, staff could prepare an addendum to capture the Board s actions. Dr. Pritchard updated the Commission on the Revitalization Strategy and Properties Zoned Contrary to the Recommendations of the Land Use Plan. He stated Mr. Carl Schlaudt continues to do a tremendous job along with staff from various departments and stated the Revitalization Strategy has been linked to the Planning s website. He also stated for those properties zoned contrary to the recommendation of the Land Use Plan, staff plans to contact the small group of property owners to discuss the new zoning; and he emphasized that it is not the goal of the County to force property owners to rezone their properties. Dr. Pritchard expressed appreciation to the Commission and reiterated his plans to forward the Commission s concerns to the County Administrator. VIII. TOWER SITING POLICY. TOWER SITING POLICY Mr. Robert Clay gave an overview of his presentation on the Tower Siting Policy. He advised the Commission in their packet they would find a summary of the January Work Session, Existing Tower Siting Policy, Public Facilities Plan, Comparison of Policy and Plan, Summary of Ordinance Requirements and Practices and Possible Conditions. He stated twelve (12) new locations have been added since Mr. Clay explained attachment one is a summary of the January s work session with the industry representatives. He stated the general concerns were design, technology, location, visual impact and removal of the towers. He explained attachments two and three address the existing Tower Siting Policy which was adopted in 2006 and provides general locational guidance for communications towers along with recommended conditions to further ensure compliance with the comprehensive plan. He stated the language in the 2006 Policy is outdated as it references the Public Facilities Plan that has been changed with the adoption of the new Comprehensive Plan. He noted that in the January meeting the industry representatives commented that currently the industry does not know what to expect when they submit an application to the County for telecommunications towers. Mr. Clay stated that in reviewing attachment four addresses the comparison of the current Tower Siting Policy and the new Comprehensive Plan, the current Policy encourages co-location on existing structures whereas the Comprehensive Plan suggests freestanding structures only when colocation or architectural incorporation in existing structures is not feasible. Mr. Gulley commented and Mr. Waller agreed that written documentation should be obtained from the School Board or Departments of Parks and Recreation, or Utilities before co-locating requests on schools or park properties are considered at the Commission s level. Mr. Gulley also recommended that the Policy include language indicating co-location requests will be reviewed by the School Board and not the School Administration. 5 P age

6 Mr. Clay continued with his presentation by stating that the newly adopted Comprehensive Plan suggests towers be of stealth designs and camouflaged so as to resemble other structures, whereas the current Policy speaks strictly to a monopole design. He explained attachment five is a summary of zoning classifications that identifies the permitted uses, conditions, co-location, architectural incorporation, and height restrictions. He stated Substantial Accord determination is needed for tower requests that meet certain Ordinance criteria as a restricted use, or are a by-right use. He explained attachment six is a list of practices and possible conditions for incorporation into Tower Siting Policy; and it is staff s recommendation that the current Tower Siting Policy be amended and repurposed to ensure compliance with the new Comprehensive Plan and to provide guidance for tower location and design. Mr. Clay summarized the presentation by stating that staff is requesting direction from the Commission to draft an amendment to the Tower Siting Policy for public input. He stated that it is recommended that this draft Policy incorporates practices and possible conditions, as the Commission deems appropriate, to provide guidance for tower location and design. Mr. Clay also provided the Commission photographs of a completed bell tower that is similar to the approved bell tower to be located at the entrance of Smoketree. Mr. Clay advised that in 2010, staff prepared a tower location map based on information provided by the carriers; however, staff learned the information did not adequately depict the actual number of towers; therefore, staff physically inventoried the sites throughout the County and created a new map based on that data. In response to a question by Mr. Patton, Mr. Clay stated Hanover County requires a fifty (50) foot minimum setback for telecommunications towers and related facilities that are more than fifty (50) and less 100 feet in height; and the minimum setback from the boundary of the property where telecommunications towers are located to be equal to 110 percent of the fall zone as certified by a licensed engineer. Mr. Waller stated Hanover Supplementary Regulations were an excellent source to incorporate into a new tower policy and that staff should review and tailor the requirement to fit Chesterfield County. Mr. Gulley agreed with Mr. Waller s idea of incorporating Hanover s Policy to fit the County s needs. Mr. Patton stated that he would like to see the bonding or surety guidelines to be included in the policy, as well as the word verification instead of certification in the safety guidelines. Ms. Tara McGee stated that the word verification and certification both imply a sworn statement or something that could be relied on. Dr. Wallin agreed the Hanover Supplementary Regulations would serve as a good guideline for the County as he recalled industry representatives citing Hanover s Policy as predictable and understandable. Mr. Waller volunteered, and the Commission agreed that Mr. Waller will work with staff to develop a policy that fits Chesterfield County. 6 P age

7 The Commission directed staff to incorporate Hanover s Supplementary Regulations along with staff s list of Practices and Possible Conditions for incorporation into the draft Tower Siting Policy; and to provide an update on the progress at the April 16, 2013 work session. The Commission recessed at 2:27 p.m. The Commission reconvened at 2:41 p.m. IX. PROPOSED CODE AMENDMENTS RELATIVE TO SUBDIVISIONS. CODE AMENDMENTS RELATIVE TO SUBDIVISIONS Mr. Greg Allen advised the Commission that the amendments to the Ordinance were successfully completed by Mr. Ray Cash and distributed to all interested parties. He stated at the February 19, 2013 work session, the Commission directed staff to explain amendments relative to building setbacks off of a cul-de-sac bulb. He stated the current regulations apply different setbacks based upon the width of a cul-de-sac bulb which is confusing and do not offer any value to the design of homes around cul-de-sacs; therefore, staff proposes to simplify the regulation using one (1) building setback regardless of the width of the bulb. The Commission was satisfied with the discussion on cul-de-sacs and move forward with the changes to the amendments of the Ordinance. CHAPTER 17 Page 5 Sec Enforcement and Penalties. Mr. Cash explained staff revised the language to meet the requirements of State Code. He stated the State Code only allows certain scenarios where a judicially imposed fee can be applied; and that language was added to clarify there are other types of enforcement powers. In response to a question by Mr. Gulley, Ms. Tara McGee stated Sec B. outlines the options the County has regarding enforcement of conditions. She stated the language is a part of the Zoning Ordinance; therefore, it was decided to place the language in the Section for simplicity. In response to a question by Dr. Wallin relative to fine imposition, Ms. McGee stated the State set the maximum fine at $500.00; however, the amount of an imposed fine is at the sole discretion of the judge. Mr. Patton noted the development community s support for the proposed amendments. CHAPTER 19 Page 11 Sec General performance criteria. Mr. Cash explained the change to this section was originally part of Sec (g) and was included to address setback requirements for wetlands. He stated the Department of Environmental Engineering wanted to ensure there was reference to setback allotment for nonresidential structures; therefore, staff included a reference for floodplains for nonresidential structures at the beginning of the Zoning Ordinance. 7 P age

8 In response to a question by Mr. Waller, Mr. Doug Pritchard stated the Board of Supervisors decided a greater degree of protection was needed for drinking water. In response to another question by Mr. Waller, Mr. Kirk Turner stated expanding the water quality standards that exists in the Upper Swift Creek is not a component of the Subdivision Ordinance; however, during the Implementation Phases of the Comprehensive Plan, staff will explore expanding those standards on countywide basis. The Commission discussed setting a public hearing for the Proposed Ordinance Amendments Relative to Subdivisions but with the potential of having the public hearing held offsite for their April s public hearing, the Commission decided to add an item to the evening agenda to discuss setting the public hearing. X. RECESS. There being no further business, the Commission recessed at 3:03 p. m.; agreeing to reconvene in the Public Meeting Room at 4:00 p.m. for the public hearing. 4:00 P.M. PUBLIC MEETING. I. CALL TO ORDER. Dr. Brown, Chairman, called the meeting to order at 4:00 p.m., in the Public Meeting Room, Lane B. Ramsey Administration Building, Iron Bridge Road, Chesterfield, VA. II. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS OR CHANGES IN THE ORDER OF PRESENTATION. There were no requests to postpone action, emergency additions or changes in the order of presentation. III. APPROVAL OF MINUTES: February 19, CPC DRAFT MINUTES Mr. Gulley noted a correction on page 18 under Item VII. Citizen s Comment on Unscheduled Matter. On motion of Mr. Gulley, seconded by Dr. Wallin, the Commission resolved to approve the February 19, 2013 minutes with changes. IV. PUBLIC MEETING. CASE WHERE THE APPLICANT ACCEPTS STAFF S RECOMMENDATION AND THERE IS NO PUBLIC OPPOSITION. 8 P age

9 A. 13PR0171: In Bermuda Magisterial District, ASHEVILLE BEAUX CATCHER VASS, LLC requests site plan and architectural approval for BIG LOTS AND SHOPS in a Community Business (C-3) District on 2.95 acres lying approximately 345 feet off the west line of Jefferson Davis Highway, opposite the intersection with Weir Road. Tax IDs and PR0171 STAFF S ANALYSIS Mr. Hubert Tolson, the applicant s representative, accepted staff s recommendation. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the request. There being no one else to speak, Dr. Brown closed the public hearing. On motion of Mr. Patton, seconded by Mr. Gulley, the Commission resolved to approve Case 13PR0171 subject to the following conditions and review comments: CONDITIONS 1. Prior to administrative release of the site plan, revised plans shall be submitted to address the Staff Review Comments. (P) 2. In order to allow evergreen trees to be planted on the property along the west line, the location of the waterline, vault and fire hydrant shall be revised to a location suitable to the Fire and Utilities Departments. (P) 3. The approved layout plan shall be exhibit ADD-1A, unless and until a new access easement is recorded to accommodate the layout shown on exhibit ADD-1. (P) 4. The loading dock screen wall shall be twelve (12) feet tall and constructed of split face block concrete masonry or oversized utility brick with color to match the building. (P) STAFF REVIEW COMMENTS 1. Prior to administrative release of the site plan layout shown on exhibit ADD-1, a nonexclusive access easement acceptable to the Transportation Department shall be recorded to grant the adjacent property to the north of the Community Business (C-3) commercial property ("Breckenridge Property") the right to tie into and use this access (Condition 4.2 of Case 97SN0140). The existing access easement is acceptable for use with the layout shown on ADD-1A. (T) 2. The 12-inch pipe shall be ductile iron pipe, not PVC. (U) 3. Show shut down valves for removing the existing 8"x12" tee and replacing with a 12"x12" tee. (U) 9 P age

10 4. Keep the vertical wall out of the waterline easement in the rear of the buildings. (U) 5. Revise the double check location and configuration. (U) 6. Show the location of all exterior site lighting mounted on poles, the building, or on the ground on the landscape plan to ensure there will be no conflicts with mature plant material. (P) 7. Lighting fixtures along and adjacent to the west property line shall be equipped with house side shields. (P) 8. Any dumpsters within 1,000 feet of an R, R-TH, R-MF, or A district 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 (6) square feet designating the hours in which the solid waste storage area may not be serviced. Provide detail of this sign on the site plan. (P) 9. Provide verification that the remaining pollutant removal credits available with the Lowe s BMP are sufficient for the pollutant removal required with the development of the Big Lots site. a. Environmental Engineering record documents indicate that the Lowe s BMP pond had pounds of credits available. However, water quality calculations were not available. The original water quality calculations must be recreated based on the phosphorous loading factors at the time Lowe s was proposed. (EE) 10. Although not previously requested, compliance with state interpretation will require MS-19 analyses at the following points: a. Existing pipe E22. (Situation D) b. Existing pipe E2-1. (Situation D) c. Lowe's BMP (Situation G - variance request required), Environmental Engineering already has the supporting documentation for the Lowe s BMP in our files, but a copy of the Lowe s plans calculations should be included in the Big Lots & Shops SWPPP on-site. Reference the Lowe s Environmental Engineering project in the plans. Include a copy of the variance request in the construction plans. d. The pond outfall (Situation C). (EE) VII. RECESS. There being no further business to discuss, the Commission recessed the Afternoon Session at approximately 4:06 p.m., agreeing to meet in the Executive Meeting Room for dinner; and to reconvene in the Public Meeting Room at 6:00 p.m. for the public hearing. 10 P age

11 5:00 P.M. DINNER - EXECUTIVE MEETING ROOM. During dinner, there was general discussion on topic related to the Planning Commission. 6:00 P.M. PUBLIC HEARING. I. INVOCATION. Dr. Brown presented the invocation. II. PLEDGE OF ALLEGIANCE TO THE FLAG OF UNITED STATES OF AMERICA. The Commission led the Pledge of Allegiance to the Flag. III. REVIEW AGENDAS FOR UPCOMING MONTHS. Mr. Kirk Turner apprised the Commission of the caseload agendas for April, May and June IV. REQUESTS TO POSTPONE ACTION, EMERGENCY ADDITIONS OR CHANGES IN THE ORDER OF PRESENTATION. On motion of Mr. Gulley, seconded by Mr. Patton, the Commission resolved to amend the agenda to include a new Item IX, Proposed Code Amendments Relative to Subdivisions Discussion Setting Public Hearing and to reorder the remainder of the agenda. V. REVIEW MEETING PROCEDURES. Mr. Kirk Turner reviewed the meeting procedures. VI. CITIZEN COMMENT ON UNSCHEDULED MATTERS. Mr. Bob Olsen stated the original zoning request for Skinquarter Landfill included a condition which granted the landfill use solely to the Horner Family and he was advised that the request was amended in 2004; however, he was unable to obtain documentation associated with the 2004 case; and therefore, questioned the legality of the landfill s operation. VII. PUBLIC HEARING. DEFERRAL REQUESTS BY STAFF. B. 12SN0207: In Clover Hill Magisterial District, COMMUNITY LOANS OF AMERICA requests conditional use approval and amendment of zoning district map to permit vehicle title lending in a General Business (C-5) District on.9 acre known as Midlothian Turnpike. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID SN0207 STAFF S ANALYSIS 11 P age

12 Mr. Turner advised the Commission that the Board of Supervisors deferred action on a policy and code amendments relative to Alternative Financial Institutions, to include vehicle title lending businesses to April 10, 2013; therefore, staff recommends deferral of Case 12SN0207 to May 21, 2013 to permit time to determine the outcome of the Board s consideration. Mr. Turner advised the Commission that the applicant s representative was not present; however, did consent, in writing, to deferral of Case 12SN0207 to the May 21, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Mr. Gulley s request. On motion of Mr. Gulley, seconded by Mr. Patton, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 12SN0207 to the May 21, 2013 Planning Commission public hearing. E. 13SN0102: In Clover Hill Magisterial District, TITLE MAX OF VIRGINIA, INC. requests conditional use approval and amendment of zoning district map to permit vehicle title lending in a General Business (C-5) District on.9 acre known as Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID SN0102 STAFF S ANALYSIS Mr. Turner advised the Commission that the Board of Supervisors deferred action on a policy and code amendments relative to Alternative Financial Institutions, to include vehicle title lending businesses to April 10, 2013; therefore, staff recommends deferral of Case 13SN0102 to May 21, 2013 to permit time to determine the outcome of the Board s consideration. Ms. Karen Loughman, the applicant s representative, accepted deferral of Case 13SN0102 to the May 21, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Mr. Gulley s request. On motion of Mr. Gulley, seconded by Mr. Patton, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 13SN0102 to the May 21, 2013 Planning Commission public hearing. 12 P age

13 F. 13SN0104: In Bermuda Magisterial District, TITLE MAX OF VIRGINIA, INC. requests conditional use planned development approval and amendment of zoning district map to permit vehicle title lending in a Community Business (C-3) District on 1.6 acres known as Jefferson Davis Highway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Regional Mixed use. Tax ID SN0104 STAFF S ANALYSIS Mr. Turner advised the Commission that the Board of Supervisors deferred action on a policy and code amendments relative to Alternative Financial Institutions, to include vehicle title lending businesses to April 10, 2013; therefore, staff recommends deferral of Case 13SN0104 to May 21, 2013 to permit time to determine the outcome of the Board s consideration. Ms. Karen Loughman, the applicant s representative, accepted deferral of Case 13SN0104 to the May 21, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Mr. Patton s request. On motion of Mr. Patton, seconded by Mr. Gulley, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 13SN0104 to the May 21, 2013 Planning Commission public hearing. H. 13SN0128: In Clover Hill Magisterial District, TITLE MAX OF VIRGINIA, INC. requests conditional use approval and amendment of zoning district map to permit a title lending business in a General Business (C-5) District on 1.2 acres known as Hull Street Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID SN0128 STAFF S ANALYSIS Mr. Turner advised the Commission that the Board of Supervisors deferred action on a policy and code amendments relative to Alternative Financial Institutions, to include vehicle title lending businesses to April 10, 2013; therefore, staff recommends deferral of Case 13SN0128 to May 21, 2013 to permit time to determine the outcome of the Board s consideration. Ms. Karen Loughman, the applicant s representative, accepted deferral of Case 13SN0128 to the May 21, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. 13 P age

14 No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Mr. Gulley s request. On motion of Mr. Gulley, seconded by Mr. Patton, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 13SN0128 to the May 21, 2013 Planning Commission public hearing. DEFERRAL REQUESTS BY INDIVIDUAL PLANNING COMMISSIONERS. A. 09SN0141: In Dale Magisterial District, CASCADE CREEK HOMES, INC. requests rezoning and amendment of zoning district map from Residential (R-9) to Neighborhood Business (C-2) on 12.5 acres located in the northeast corner of the intersection of Cogbill Road and Five Forks Lane. Density will be controlled by zoning conditions or Ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID Part of SN0141 STAFF S ANALYSIS Mr. Jim Theobald the applicant s representative, accepted deferral of Case 09SN0141 by Dr. Brown to the September 17, 2013 Planning Commission public hearing. He stated this request has been on hold for approximately four (4) years while waiting for the County s decision to expand the airport. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Dr. Brown s request. On motion of Dr. Brown, seconded by Mr. Gulley, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 09SN0141 to the September 17, 2013 Planning Commission public hearing. C. 12SN0226: In Matoaca Magisterial District, JACK R. WILSON, III requests amendment of conditional use planned development (Case 06SN0163) and amendment of zoning district map relative to transportation contribution in a Residential Multifamily (R-MF) District on 66.3 acres fronting 910 feet on the east line of Otterdale Road, 1,000 feet east of Foxcreek Crossing. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium-High Density Residential use (minimum 4.0 to 8.0 dwellings per acre). Tax IDs ; ; ; and SN0226 STAFF S ANALYSIS 14 P age

15 Mr. Jack Wilson, the applicant, accepted deferral of Case 12SN0226 by Dr. Wallin to the May 21, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Dr. Wallin s request. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 12SN0226 to the May 21, 2013 Planning Commission public hearing. D. 12SN0227: In Bermuda Magisterial District, TWIN RIVERS, LLC requests amendment of conditional use planned development (Case 08SN0111) and amendment of zoning district map relative to conceptual plan, uses, development standards, access and deletion of cash proffers in a Community Business (C-3) District on 67.7 acres located in the southwest corner of Meadowville and North Enon Church Roads. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Community Mixed use. Tax IDs , 6573 and 9483; and , 5689 and SN0227 STAFF S ANALYSIS Mr. George Emerson, the applicant s representative, accepted deferral of Case 12SN0227 by Mr. Patton to the May 21, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Mr. Patton s request. On motion of Mr. Patton, seconded by Mr. Gulley, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 12SN0227 to the May 21, 2013 Planning Commission public hearing. 15 P age

16 G. 13SN0110: In Matoaca Magisterial District, CHESTERFIELD DD, INC. requests rezoning and amendment of zoning district map from Residential Townhouse (R-TH) to Community Business (C-3) with conditional use to permit multifamily and townhouse residential uses plus conditional use planned development to permit exceptions to ordinance requirements on 85.4 acres fronting 460 feet on the south line of Hull Street Road, across from Cosby Road. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Medium-High Density Residential use (minimum 4.0 to 8.0 dwellings per acre), Suburban Residential I use (maximum of 2.0 dwellings per acre) and Neighborhood Business uses. Tax IDs ; and , 1751, 2877 and SN0110 STAFF S ANALYSIS Mr. Larry Horton, the applicant s representative, accepted deferral of Case 13SN0110 by Dr. Wallin to the June 18, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Dr. Wallin s request. On motion of Dr. Wallin, seconded by Mr. Waller, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 13SN0110 to the June 18, 2013 Planning Commission public hearing. I. 13SN0131: In Dale Magisterial District, TERRAFORGE, INC. requests amendment of conditional use planned development (Case 05SN0219) and amendment of zoning district map relative to the deletion of cash proffers in a Residential (R-12) District on acres fronting 2,400 feet on the east line of Conifer Road, 480 feet south of Bellbrook Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). Tax IDs ; , 5382 and 6098; ; , 2976, 3080, 3771 and 3975; , 2890 and 8097; and , 3100, 3236, 3310, 3418, 3527, 3658 and SN0131 STAFF S ANALYSIS Mr. Turner advised the Commission that the applicant s representative was not present; however, did consent, in writing, to deferral of Case 13SN0131 to the May 21, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. Mr. Lynn Vaugh, adjacent property owner, stated the request has been deferred numerous times and he would like for the County to move forward with a recommendation. 16 P age

17 In response to Mr. Vaugh s comment, Dr. Brown stated the Board of Supervisors are reviewing their current Cash Proffer Policy; therefore, requests to delete cash proffers are deferred while awaiting direction from the Board. There being no one else to speak, Dr. Brown closed the public hearing. The following motion was made at Dr. Brown s request. On motion of Dr. Brown, seconded by Mr. Gulley, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 13SN0131 to the May 21, 2013 Planning Commission public hearing. J. 13SN0135: In Dale Magisterial District, NASH ROAD/WOODPECKER ROAD, LLC requests amendment of zoning (Cases 05SN0229 and 10SN0205) and amendment of zoning district map relative to the deletion of cash proffers, to seek relief of an existing delinquency in payment of a transportation contribution and to modify the payment schedule in a Residential (R-40) District on acres fronting 1,100 feet on the southeast line of Nash Road, 3,200 feet northeast of Eastfair Drive. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use (maximum of 0.5 dwellings per acre). Tax IDs and 9675, , 3652, 5794, 5945, 7128 and 9038, and 9082, , and 8282, , , 2660, 3491, 4805 and 8964, , , and SN0135 STAFF S ANALYSIS Mr. George Emerson, the applicant s representative, accepted deferral of Case 13SN0135 by Dr. Brown to the May 21, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Dr. Brown s request. On motion of Dr. Brown, seconded by Mr. Gulley the Commission, on their own motion and with the applicant s consent, resolved to defer Case 13SN0135 to the May 21, 2013 Planning Commission public hearing. 17 P age

18 L. 13SN0161: In Dale Magisterial District, DOUGLAS HACKMAN AND DEBORAH HACKMAN request rezoning from Light Industrial (I-1) to Light Industrial (I-1) with conditional use approval and amendment of zoning district map to permit commercial indoor and outdoor recreational uses, limited Community Business (C-3) uses and outside public address system in a Light Industrial (I-1) District on 23.6 acres located in the southeast corner of Newbys Bridge Road and Hagood Lane. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Industrial use. Tax ID SN0161 STAFF S ANALYSIS Mr. Turner advised the Commission of staff s recommendation for deferral of Case 13SN0161 to the May 21, 2013 Planning Commission public hearing to provide time for staff to review the proffers submitted on March 6, Mr. Doug Hackman, the applicant, accepted deferral of Case 13SN0161 by Dr. Brown to the May 21, 2013 Planning Commission public hearing; and requested to have the case double advertised for the Planning Commission s and Board s May public hearing. Dr. Brown advised Mr. Hackman that requests to double advertise a case are generated by the Board of Supervisors; therefore, he needs to discuss his request with the Honorable James Holland, Dale District s Board member. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Dr. Brown s request. On motion of Dr. Brown, seconded by Mr. Gulley, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 13SN0161 to the May 21, 2013 Planning Commission public hearing. M. 13SN0505: In Bermuda Magisterial District, JACK R. WILSON, III requests rezoning from Community Business (C-3) to General Business (C-5) plus conditional use approval and amendment of zoning district map to permit a vehicle title lending business on.3 acre known as Jefferson Davis Highway. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Commercial use. Tax ID SN0505 STAFF S ANALYSIS Mr. Turner advised the Commission that the Board of Supervisors deferred action on a policy and code amendments relative to Alternative Financial Institutions, to include vehicle title lending businesses to April 10, 2013; therefore, staff recommends deferral of Case 13SN0505 to May 21, 2013 to permit time to determine the outcome of the Board s consideration. 18 P age

19 Mr. Jack Wilson, the applicant, accepted deferral of Case 13SN0505 by Mr. Patton to the May 21, 2013 Planning Commission public hearing. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the deferral. There being no one to speak, Dr. Brown closed the public hearing. The following motion was made at Mr. Patton s request. On motion of Mr. Patton, seconded by Mr. Gulley, the Commission, on their own motion and with the applicant s consent, resolved to defer Case 13SN0505 to the May 21, 2013 Planning Commission public hearing. CASE WHERE THE APPLICANT ACCEPTS STAFF S RECOMMENDATION AND THERE IS NO PUBLIC OPPOSITION. K. 13SN0147: In Midlothian Magisterial District, COLEBROOK COMPANY LLC requests rezoning and amendment of zoning district map from Neighborhood Business (C-2) to Community Business (C-3) plus conditional use to permit outside public address system and conditional use planned development to permit exceptions to ordinance requirements on 14.7 acres located on the northeast corner of Midlothian Turnpike and Sycamore Square Drive also fronting the west line of Sycamore Square Drive north of Midlothian Turnpike. Density will be controlled by zoning conditions or ordinance standards. The Comprehensive Plan suggests the property is appropriate for Village Fringe Area, Village Shopping District and Residential Area uses. Tax IDs , 4362, 5824 and 9143; and SN0147 STAFF S ANALYSIS Mr. Andy Scherzer, the applicant s representative, accepted staff s recommendation. Dr. Brown opened the floor for public comments. No one came forward to speak in favor of, or in opposition to, the request. There being no one to speak, Dr. Brown closed the public hearing. On motion of Mr. Waller, seconded by Dr. Wallin, the Commission acknowledged the withdrawal of the request for conditional use planned development to permit exceptions to ordinance requirements; and resolved to recommend approval of Case 13SN0147 and acceptance of the following proffered conditions: 19 P age

20 PROFFERED CONDITIONS 1. A schematic plan shall be approved by the Planning Commission prior to site plan approval when uses require a building permit involving a land area greater than 2,500 square feet. (P) 2. Any development or redevelopment of the subject property shall be of the same architectural style, materials and character as the existing Sycamore Square Shopping Center, generally as depicted in the photographs on Exhibit A prepared by Balzer and Associates, and dated January 29, 2013., unless otherwise approved by the Planning Commission. (P) 3. Permitted Uses: A. The following uses shall be permitted with certain restrictions: 1. Communication towers, less than fifty (50) feet in height provided that the structure is architecturally incorporated into and compatible with the design of a building used for a permitted use. 2. Veterinary hospital provided such use does not include outside run areas. 3. Nightclub and cocktail lounge use provided such use is incidental to a restaurant and shall not exceed 10,000 gross square feet. B. The following uses shall not be permitted: 1. Coin laundry 2. Commercial kennel 3. Communication towers greater than fifty (50) feet in height 4. Funeral homes 5. Hospitals 6. Indoor Flea Markets 7. Material reclamation receiving centers 8. Motels 9. Motor vehicle accessory stores with service bays or with primary focus on sound system sales 10. Motor vehicle washes 11. Outside storage, not including continuous outside display 12. Pawn shops 13. Privately owned liquor stores 14. Public garages 15. Service stations 16. Taxidermy 17. Warehouses (P) 20 P age

21 4. Restaurant, Nightclub & Cocktail Lounge uses shall not be open to the public between 12:00 AM and 6:00 AM, except that on New Years, Independence Day, and Halloween when such uses shall not be open to the public between 2:00 AM and 6:00 AM. (P) 5. Outside public address and sound systems shall be permitted provided such systems are equipped with controls permitting full volume adjustments so as to limit amplified sound from the premises to 50 DBA, as measured at the rear property line in the area identified with a dashed line on Exhibit B prepared by Balzer and Associates and dated January 29, (P) 6. No more than six (6) special events shall be permitted on the request property annually. Special events shall only be permitted between 7:00 AM and 9:00 PM. These special events shall not be required to comply with Proffered Condition 5 relative to sound limitations; however, a special events permit shall be approved by the Board of Supervisors for each such event. No event shall be permitted for more than three (3) consecutive days. There shall be a minimum interval of fourteen (14) days between special events, measured from the last day of the previously permitted event. (P) 7. Prior to the issuance of a certificate of occupancy for any use requiring schematic plan approval as outlined in Proffered Condition 1, the developer shall install decorative street lighting along Midlothian Turnpike. The light fixtures shall be comparable in design to the light fixture specified in the Midlothian Village Technical Manual and shall be installed with a spacing of eighty (80) feet on center. The specific light fixture and spacing shall be approved by the Planning Department in conjunction with plan approval. (P) 8. Drive-in windows shall be screened to reduce visibility of the drive-in windows from public streets. This screening shall be accomplished by building design, the use of durable architectural walls or fences constructed of materials and with a design comparable to the principle building, and berms or other land forms. Such screening shall be approved by the Planning Department in conjunction with plan approval. (P) N. PROPOSED BANNER CODE AMENDMENT. BANNER CODE AMENDMENT An Ordinance to amend the Code of the County of Chesterfield, 1997, as amended, by amending and reenacting Sections 19-5, and 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 21 P age