71-56cs1)
[~' ¢~~~1 ' ........................... ' ...... '
*~VIEW BY P. C.
% . ........... .
LICATION FO~ ~ND~NT TO THE"'
~:~'~CHESTER~IELD COUNTY ~ONING ORDINANCE
The following i,nfo,~matign iS ~,,o be type,d ,,Or p~,in,,t,,e,d
A) NAME DP APPLICANT:
F) TE~PHOE NO.:
IF THE APPLICANT IS NOT THE OWNER OF THE PROPERTY IN QUESTION,
EXPLAIN: (Copy of pending contract or option agreement shall
be attached he,etD and made a part of this application.)
3)
LOCATION OP PROPERTY IN QUESTION
(Pollowing information to be obtained by the applicant
from the Office of the County Assessor)
A) MAGISTERIAL DISTRICT ~_~ c~,4- B) TAX MAP NO..,,, //,~ .....
C) SEC. NO. /~. _. D) SUBDIVISION NO. "' E) BLOCK
/~ ~o ~ .
P) LOT OR PARCEL NO._J~3. G) ST~ET ADDRESS
A P~T OF THIS PROPE~Y SHALL BE A~ACHED HEETO AND ~DE A PART
OF THIS APPLICATION SHOWING THE FOLLOWING:
LOCATION BY REPERENCE TO NEAREST ROAD INTERSECTION
DIMENSIONS OF SITE
(PAGE 1)
THE PETITIONER REQUESTS THAT THE ZONING ORDINANCE BE AMENDED TO
5)
6)
7)
8)
RECLASSIFY THIS PROPERTY FROM
TO C - cx7 .
' NO;
STATE THE REASON FOR THIS REQUEST:
STATE HOW THIS REQUEST WILL NOT BE MATERIALLY DETRIMENTAL TO
THE ADJACENT PROPERTY OWNERS OR THE SURROUNDING NEIGHBORHOOD:
I
STATE ANY EXISTING USE PERMIT OR VARIANCE GRANTED P]IEVIOUSLY ON
THE PARCEL IN QUESTION:
(PAGE 2)
9) GIVE NAMES OF ALL OWNERS ADJACENT, ACROSS THE ROAD OR HIGHWAY
AND FACING THE PROPERTY AND ANY OWNERS ACROSS ANY RAILROAD RIGHT
OF WAY FROM SUCH PROPERTY. IN THE EVENT' THE PROPERTY ~FFECTED
IS SITUATED AT OR WITHIN 100 FEET ON THE INTERSECTION OF ANY
TWO OR MORE ROADS OR ~IGHWAYS, AT OR WITHIN ONE HUNDRED FEET
OF THE INTERSECTION 0¥ ANY ROAD OR HIGHWAY WITH A RAILROAD RIGHT-
OF-WAY OR AT OR WITHIN ONE HUNDRED FEET OF THE INTERSECTION OF
· THE RIGHTS-OF-WAY OF ANy TWO RAILROADS, GIVE NAMES OF PROPERTY
OWNERS AT ALL CORNERS OF ANY SUCH INTERSECTION.
;
TAX ~P NO.: //~ SEC. NO.: /~ S~DIVISION NO.:
B~CK NO.: / ..... LOT OR PARCEL NO.:, , ~--/
B)
MAILING ADDRESS:., r~.../L.
TAX MAP NO.: ! ~ & SEC. NO.: !0 SUBDIVISION NO.
BLOCK NO.: ] LOT OR PARCEL NO.: [ ,,.
¢)
TAX ~P NO.: ~ SEC. NO.: : SUBDIVISION NO.: ......
~LOCK NO.: ..... [' LOT OR PARCEL NO.:
D) PROPERTY OWNER'S NAME:
MAILING ADDRESS:
TAX MAP NO.: SEC. NO.:
SUBDIVISION NO.:
BLOCK NO.:
LOT OR PARCEL NO.:
(P,AGE 3)
E)
PROPERTY OWNER'S NAME:
MAILING ADDRESS:
TAX MAP NO.:
BLOCK NO.:
SEC. NO.: SUBDIVISION NO.:
LOT OR PARCEL NO.:
F)
PROPERTY OWNER'S NAME:
MAILING ADDRESS:
TAX MAP NO.:
BLOCK NO.:
SEC. NO.:
SUBDIVISION NO.:
LOT OR PARCEL NO.:
G) PROPERTY OWNER'S NAME:
MAILING ADDRESS:
TAX MAP NO.:
SEC. NO.:
SUBDIVISION NO.:
BLOCK NO.:
LOT OR PARCEL NO.:
H) PROPERTY OWNER'S NAME:
MAILING ADDRESS:
, , J
TAX MAP NO.:
SEC. NO.:
SUBDIVISION NO.:
BLOCK NO.:
LOT OR PARCEL NO.:
I) PROPERTY OWNER'S NAME:
MAILING ADDRESS:
TAX MAP NO.:
SEC. NO.:
SUBDIVISION NO.:
BLOCK NO.:
P~0P~~ OWNER'S NAME:
MAILING ADDRESS:
TAX MAP NO.: SEC. NO.:
.LOT OR PARCEL NO.:
SUBDIVISION NO.:
BLOCK NO.:
LOT OR PARCEL NO.:
(PAGE 4)
THE APPLICANT HEREWITH DEPOSITS THE SUM OF TWENTY DOLLARS
($20.00) ATTACHED TO THIS APPLICATION, TO PAY THE COST OF
ADVERTISING NOTICE OF THE HEARING OF SAID BOARD TO ACT ON
THIS REQUEST. CHECK OR MONEY ORDER MUST BE MADE PAYABLE
TO: TREASURER~ Cg~NTY OF CHESTERFIELD.
I/WE HEREBY DEPOSE AND SAY THAT ALL OF THE ABOVE STATEMENTS
AND THE STATEMENTS CONTAINED IN ANY EXHIBITS TRANSMITTED ARE
TRUE.
(Same name as used in item l-A,
page 1. )
SUBSCRIBED AND SWORN TO BEFORE ME
MY COMMISSION EXPIRES,,/-- ~2~/
THIS ~--~_DAY OF ~/~ ~-~?~ 19 7./
(PAGE 5)
THIS AGREEMENT, made in duplicate this ~ ~ ..... day of
September, 1971, between BERTHA EVANS, widow, herein called
"Seller", and the H.S.M. COMPANY, a Virginia partnership, herein
called "Buyer", and THE GAY FARMS CIVIC ASSOCIATION, an un-
corporated association, as representative of property owners in
the Gay Farms Subdivision, Chesterfield County, Virginia, herein
called "Civic Association", recites and provides:
(A) Seller is the owner of a parcel of land briefly
described as 34.7 acres, more or less, bounded on the east by
U. S. Route #1 and on the west by the Gay Farms Subdivision,
fronting on the west line of U. S. Route %1, approximately
742 feet, said parcel being south of Route %10, Chesterfield
County, Virginia.
(B) Buyer has signed a purchase agreement with Seller
to purchase all of said real estate from Seller, and has applied
to the Board of Supervisors for the County of Chesterfield,
Virginia, for the rezoning of a portion of said property to C-2.
The Buyer proposes to use a portion of the property for a shop-
ping center development in the event that the zoning request is
successful.
(C) Certain members of the Civic Association are appre-
hensive concerning the possible adverse effect upon the value of
their properties if the development of the shopping center on a
portion of the above property extends to an excess depth from
U. S. Route %1 and the remainder of said property between the
shopping center and the Gay Farms Subdivision is developed for
apartments.
(D) In view of this controversy, the parties hereto
now desire to settle their differences by agreement as herein
provided.
NOW, THEREFORE, in consideration of the premises and
their mutual undertakings, the Seller and Buyer agree with the
Civic Association as follows:
(1) Seller and Buyer will request that the rezoning of
the business property from U. S. Route #1 will be limited to a
depth of 950 feet from the said U. S. Route %1, with a frontage
of approximately 742 feet along U. S. Route %1.
(2) Seller and Buyer agree that the remainder of said
property between the business zoning and the Gay Farms Sub-
division will be rezoned to an R-1 classification and that said
property will be developed in the R-1 classification, and that
the Seller and Buyer will not permit the construction of any
business development on said remaining property or request the
rezoning of said remaining property to a classification which
would permit the construction of apartments therein.
(3) Civic Association agrees to withdraw, or, if this
is not appropriate, to cooperate with Seller and Buyer in urging
· the approval of the rezoning of that portion of Seller's property
to a depth of 950 feet from U. S. Route %1, and Seller and Buyer
agree to specifically request that the remainder of said property
be rezoned to an R-1 classification.
(4) Civic Association will not hereafter interfere
with, or seek to prevent, or cooperate with others in seeking
to prevent, the development of the commercial portion of said
property for shopping center purposes. Seller and Buyer agree
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that they will not hereafter interfere with or seek to rezone
or cooperate with others in seeking to rezone the remainder of
said property to a classification other than R-1. Should any
members of the Civic Association, subsequent to the date of this
agreement, file an application for rezoning to prevent the
development of the front portion of Seller's property for
center purposes, then Civic Association will cooperate with
Seller and Buyer in urging denial of such application and in
maintaining the rights of the Seller and Buyer to use the front
portion of said property for shopping center purposes, it being
the intention of the parties hereto to settle, in an effective
and binding way, all questions in dispute concerning the rights
of the Seller and Buyer to use a portion of the said property
for a shopping center development. Should any purchaser or
assignee of Seller or Buyer subsequent to the date of this
agreement, file an application for rezoning of any of the
remain4er of said property which will be requested to be re-
zoned R-l, then Seller and/or Buyer will cooperate with Civic
Association in urging the denial of such application and in
maintaining the rights of the Civic Association to have their
interests protected, and have the remainder of said property
used only for R-l~purposes, and not for purposes of causing
the construction on said property of apartment houses.
(5) If Civic Association shall hereafter seek to inter-
fere with or seek to prevent, or cooperate with others in seeking
to prevent, the development of the property for shopping center
purposes herein provided, the Seller and Buyer and/or their
respective assigns shall be relieved of all further obligations
hereunder.
-3-
(6) In addition to the foregoing, Seller and Buyer
agree as follows:
(a) that no timber on the R-1 zoned portion of
the land will be cut until such time as the land is developed
for single family dwellings;
(b) that at such future time as the R-1 section
of the said parcel of land may be developed, it shall be use4
for single family dwellings only and these shall meet at least
the same building requirements as stipulated by the Architectural
Control Committee of Gay Farms, reasonable approval not to be wJ
held in accordance with the restrictive covenants now in effect
and applicable to Gay Farms Subdivision, with said covenants to
be placed on single family lots as developed;
(c) that there is to be no vehicular access to
Blithe Drive, either from Route #1 or from any portion of the
C-2 zoned property;
(d) that single family dwellings to be built in
the R-1 section of the property adjacent to Gay Farms shall be
laid out in such a manner as to be generally parallel to or faci
in the same direction as the residences on Blithe Drive at the
eastern periphery of Gay Farms.
(7) This agreement shall be binding upon, and inure to
the benefit of, the parties hereto, their respective successors
and assigns, it being understood that the beneficiaries of this
agreement shall be those members of the Gay Farms Civic Associa-
tion who are property owners in the Gay Farms Subdivision and
their respective successors and assigns.
(8) This agreement is to be recorded in the Clerk's
-4-
Office of the Circuit Court of Chesterfield County, Virginia.
IN WITNESS WHEREOF, the parties hereto have caused their
names to be signed by their appropriate and duly authorized
officers or representatives.
Berth~ Eq~ns
H. S. M. COMPANY
General Partner
THE GAY FAP~4S CIVIC ASSOCIATION
Charles ~ Harri'~, P'~eSident
STATE OF VIRGINIA,
i , do hereby certify that BERTHA
EVANS, whose name is signed to the foregoing agreement, bearing
date on the ~ day of September, 1971, has acknowledged
the same before me in my jurisdiction aforesaid.
GIVEN under my hand this ~ day of September, 1971.
My Commission expires: ~,~~ /~/ ~ /g 3Z
-5-
STATE OF VIRGINIA,
~OF O-Wit:
and for the O~urisdiction aforesaid, do certify that JAMES M.
MINOR, JR., whose name is signed as General Partner of
H. S. M. COMPANY, to the foregoing agreement, bearing date on
the ~ ..... day of September, 1971, has acknowledged the same
before me in my jurisdiction aforesaid.
GIVEN under my hand this ~ day of September, 1971.
My Commission expires:
Notary Public
STATE OF VIRGINIA,
and for ~e~isdic~aforesaid, do certify that C~RLES ~.
~IS, whose nme is signed as President of TH~ GAY FA~S CIVIC
ASSOCIATION, to the foregoing agreement, bearing date on the
day of September, 1971, has acknowledged the s~e bef~
me in my Jurisdiction aforesaid.
GIVEN under my hand this ~ day of Septe~er, 1971.
My Co--i ssi on expires _~ ~~ ~ /~
N Public
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