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10-23-1974 MinutesVIRGINIA: At an adjourned meeting of the Board of Supervisors of Chesterfield County held at the Courthouse on October 23, 1974, at 9:00 a.m. Present: Also Present: Mr. Irvin G. Horner, Chairman Mr. Leo Myers, Vice-Chairman' Mr. J. Ruffin Apperson Mr. E. Merlin O'Neill Mr. M. W. Burnett, Co. Admin. Absent: Mr. A. J. Krepela Mr. Stanley Balderson, County Planner Mr. Raymond Birdsong, Engineering Assistant Mr. James Condrey, Director of Central Acctg. Mr. C. G. Manuel, Assistant County Admin. Mr. Morris Mason, County Attorney Mr. Robemt Painter, County Engineer Mr. William Prosise, Asst. County Engineer Mr. Don Ridle, Nursing Home Administrator Mr. Michael Ritz, Planning Director Mrs. Joan Smith, Secretary Mr. David Welchons, Asst. County Engineer The meeting is called to order by Mr. Myers, Vice-Chairman. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the minutes of October 9 and 16, 1974, be and they hereby are approved. Ayes: Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Burnett reminds the Board that there will be a Public Hearing held on December 4th at 10:00 a.m. for the purpose of discussing the proposed location and design of Walmsley Boulevard (Route 647) from Route 360 to 0.06 mile west of Route 650 in Chesterfield County. Mr. Burnett states that on March 13, 1974, a motion was made by Mr. Krepela to study the possibility of constructing bicycle trails along Route 711. He states that it is not recorded that this construction would come from the 3¢ Road Funds~ He adds that the Highway Department is willing to study this construction if the County is seriously considering same. It is generally agreed that this matter be deferred until Mr. Krepela is present. Mr. Burnett states that he has received a letter from the Highway Department stating their willingness to hold a Public Hearing on Sandy Ford Road. Mr. O'Neill states that he and Mr. Covington have discussed this matter and they are trying to find a solution without having a Public Hearing. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that considera- tion for the closing of Quinnford Boulevard be and it hereby is deferred for two weeks. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Burnett states that he has a proposed save-harmless agreement to Be signed by the Chairman from the Salisbury Corporation for Salisbury Hillcrest, Section A. Mr. Apperson states that he is not certain the methods through which the developers are acquiring these easements'are proper. He feels the property owners do not realize who they are dealing with and, also, offers have not been reasonable before same is given to the Board for action. Mr. Myers states he feels the same way and the matter of a reasonable offer is always his first question. Mr. Horner inquires if there is a way the staff could check this out to insure that a reasonable effort had been made. Mr. Prosise states that he is not sure they can check this. Mr. Homer inquires if the Board could request some certification. Mr. Burnett states that the save-harmless agreements do not come before the Board until the Engineering Department has discussed them but that if the Board would like some sort of strings attached, it would be possible. Mr. Homer states that each Supervisor should stay on top of these matters. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board accepts an agreement between the County and the Salisbury Corporation and authorizes the Chairman to sign a save-harmless agreement with the Highway Department for certain drainage easements that may be necessary to be acquired in the Salisbury Hillcrest Development, Section A. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Burnett states that bids to improve the construction of Burge Avenue have been extremely high. He states that the County has increased the amount it is willing to contribute to this construction from $25,000 to $40,000 and that the Highway Department still wants additional money. Mr. Apperson inquires about the drainage problem. Mr. Burnett states that there is and has beeq a drainage problem in the area and that the $40,000 would go towards part of the roads but that the drainage alone would cost more. Mr. Apperson states that he has never heard of the County and the Highway Department hasseling over an industrial road before. Mr. Burnett states that the County is willing to contribute all that is justifiable. He adds further that Mr. Cross and Mr. Ingram purchased this land at an unbelievable low cost and he feels they should contribute to the road improvement. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the County contribute $40,000 as previously requested but that the request for additional funds toward this construction be and it hereby is denied. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Burnett states that he has received five letters in opposition to the action taken by the Board at a previous meeting closing a portion of Granada Road which had been portrayed as an unimproved road which, in fact, is paved, guttered and curbed. Mr. Apperson states that he feels Mr. Krepela should be present to discuss this matter. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this matter be deferred for two weeks. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Ritz comes before the Board to present and discuss the Highway Department's budget and its proposed road construction for the next six years. Mr. O'Neill inquires what is the Six Year Plan? Mr, Burnett states that the Highway Department considers the Six Year Plan to be work that is planned immediately (within the next six year period) and consists mainly of secondary roads. Mr. Ritz adds that they are projects costing $30,000 and more. He states that some road construction has been dropped and suggests the Board review the maps closely. Mr. Horner inquires if the projects dropped have been replaced. Mr. Ritz states they have not since the Highway Department's budget is showing the strain of inflation. Mr. Prosise comes before the Board with a report on the roads in the Lake Genito Subdivision. He states that he has received a letter from Mr. Covington stating that three items still remain outstanding before they will be accepted into the State System. He states that at the time of the last meeting some streets had not been completed and that since that time some additional work has been done. Mr. Horner inquires if the problem with the lady trying to leave her yard had been taken care of as he heard she had gotten stuck, but other than that he does feel the roads are in reasonable condition. Mr. Prosise states that the letter from Mr. Covington does reflect the condition of Clintwood Road and the balance of Section "C" only. He states that Mr. Rudolph will still have to get the other roads in the System and he feels this could be possible if Mr. Rudolph continues to work on the roads in which sewers have been installed. Mr. Homer inquires what action should be faken. Mr. Mason states that he feels a resolution should be passed to the effect that the roads be accepted subject to a letter from the Highway Department stating approval. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that the Highway Department be requested to accept the roads in the Lake Genito Subdivision when the Highway Department has written a letter stating they are acceptable. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. Mr. Mason states that he feels a resolution regarding the occupancy and build- ing permits should also be passed. Mr. Myers states that he feels this would take care of itself. Mr. Mason states that he feels a resolution would eliminate any discrepancies. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that building and occupancy permits be released on those roads which have been accepted into the State System by the Highway Department. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that, on recommendation of the Engineering Department, the following Water Contracts be and they hereby are approved: 1. W74-69D McRae Street $ 3,260.40 J. Kennon Perrin Construction Co., Inc. 2. W74-71CD Falling Creek Farms, Section "F" Fred W. Barnes Construction Co., Inc. 18,511.00 3. W74-58CD Loch Braemer Van Doren Brothers, Inc. 53,388.50 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. O'Neill, it is resolved that Change Order No. 1 for Contract 7409-A, Lime Handling Facilities at the Falling Creek Water Plant be and it hereby is approved for $200 to allow for additional baffles for dust control of the lime. Ayes: Mr. Horner, Mr. Apperson and Mr. O'Neill. Mr. Painter states that they have studied the pumping station for the Matoaca area at Penmar Drive and that it has been in the Capital Improvement Plan for a while and the pressure problem is increasing due to the growth and population in the area. He states the cost would be approximately $400,000 and the temporary station would be abandoned. Mr. O'Neill states that this is needed badly as the Fire Department cannot get enough pressure to fill the Fire trucks. Mr. Painter states that the system they presently have is more like a well system as there is not tank to give storage and the proposed system will have a variable speed pump which will provide pressure. Mr. O'Neill inquires if this system will take care of the school problem. Mr. Painter states that it will if larger lines are looped. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that, on the recommendation of the Engineering Department, the Engineer be authorized to proceed with the engineering plans for this system. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Painter states that he would like the Board to approve an agreement with EcolSciences for testing and monitoring the Swift Creek Reservoir. He states that the County already has a contract with EcolSciences to do the assessment. He states that the proposal calls for EcolSciences to gather and deliver the samples to a laboratory in Fredericksburg who would be a sub-contractor doing the analysis. Mr. Burnett inquires why the County could not collect and deliver the samples. Mr. Painter states that deliveries would have to be made immediately and that the laboratory will be doing the analysis in Fredericksburg and the County could not do it cheaper. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that Ecol- Sciences be awarded a contract for the testing and monitoring of the Swift Creek Reservoir in the amount of $17,360. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that, on recommendation of the Engineering Department, the following Sewer Contracts be and they hereby are approved: 1. S74-63D Huguenot Commercial Park $13,301.35 Van Doren Brothers, Inc. 2. S74-64D Chestnut Hills-Falling Creek Section 71,296.00 Alpine Construction Corporation Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that Realty Industries pay for the equivalent of an 8-inch sewer line and be allowed 50 (fifty) sewer connections at the regular charge in the Lost Forest Subdivision. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr. O'Neill.. Mr. Painter states that he has a letter from the Diversified Development Corpora- tion outlining their schedule of development in the Centratia area. He states that they plan to build 60-65 houses within the next year a~d are inquiring if the sewer system will be able to handle this capacity. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the Engineering Department allow 50 (fifty) connections and use their discretion as to additional connections. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Painter states that he has received a request from Mrs. Virginia P. Sligh for one sewer connection on Lots 9 and 10, Block 1 of Rivermont Road. Upon consideration of this matter, it is on motion of Mr. ~{yers, seconded by Mr. O'Neill, resolved that this request be and it hereby is approved. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. Mr. Painter states that he and Mr. Burnett have reviewed the Pocono site and other alternatives and there does not seem to be any alternative that is suitable at the same elevation. He states that the cost to construction this tank at the proposed site is $150,000 and to go to another site the cost would be an addition- al $150,000 in addition to acquiring the land and he is also sure there would be opposition in the other areas as well. Mr. Burnett states that he feels it would be prudent to purchase the houses of the two families most involved (the Noonan's and Beale's) and build the tank as proposed. He states further that initially he thought he could find another site but after extensive exploration there is none that would be feasible. He states that by purchasing these two homes the County could possibly sell same at a later date without too great a loss but he feels this would be a measure of good faith to offer to buy the homes. Mr. Horner states that he feels these people should be contacted and explore other avenues. He states that when the Engineering Department applies for zoning for this site, the people could be heard at the same time.. Mr. Myers states that he feels this was left open but he feels the Supervisor of the area could explore the situation on his own. Mr. Apperson states that he feels Mr. Homer and Mr. Painter should proceed in a manner they feel would be appropriate and this suggestion is generally agreed to by the Board. Mr. Painter cites the overall drainage problem at Gardner's Branch and states that a small portion of this problem, close to Mr. Lancaster's house, can be eliminated by allowing the contractor in the area to construct further improve- ments for approximately $10,000, which work could be done at this time at this recognized cheap price. However, at a later date the cost of this work would be much higher. Mr. Apperson states that he feels if it is not done now it will never be completed. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the County contract with Mr. John Pruitt to do additional drainage work in this area under the supervision of the County Engineering Department at an amount not to exceed $10,000. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr O'Neill. Mr. Prosise states that on this same project there is a request that chain link fence be installed in lieu of the wood rail fence. Mr. Prosise states that he understands the reasons for such a request and that if the Board would consider doing this, he is sure the wood rail fence could be used in some of the County's parks or elsewhere. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the County install chain link fencing in lieu of the wood rail fencing as originally proposed. Ayes: Mr. Honrer, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Prosise again calls the Board's attention to the contour mapping work planned by the County and cites the~various costs of this project. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that Mr. Prosise be authorized to proceed with the program of having controls set at various points throughout the County at a cost of $94,500. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this Board request the Highway Department accept Weston Subdivision, Chippenham Square Apartments and Brighton Green, Section 13 into the State System. WESTON SUBDIVISION Jahnke Road Beginning at its intersection with Buford westerly 0.27 mile to its intersection with Pulliam Street thence westerly 0.08 mile to its intersection with Winslow Road. .35 mi. Pulliam Street Beginning at its intersection with Jahnke Road northerly 0.05 mile to State maintenance. .05 mi. Pulliam Street Beginning at its intersection with Jahnke Road southerly 0.04 mile to a cul-de-sac. .04 mi. Winslow Road Beginning at its intersection with Jahnke Road southerly 0.03 mile to a cul-de-sac. .03 mi. CHIPPENHAM SQUARE AP~ Stratmore Road Beginning at its intersection with State Route 150 northerly 0.02 mile of 35 ft. right-of-way thence northerly 0.40 of 76 ft. right-of-way. · 42 mi. BRIGHTON GREEN, SECTION 13 Brighton Drive Beginning at a point 0.03 mile east of its intersection with Anbern Road (Rt. 2107) easterly 0.03 mile to its intersection with Pantela Drive, thence easterly 0.10 mile to a cul-de-sac. Pantela Drive Beginning at its intersection with Brighton Drive northeasterly 0.17 mile to a cul-de-sac. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. .16 mi. .17 mi. Mr. Prosise presents and discusses with the Board a sketch of the proposed landscape of the County parking lot which sketch shows proposed shrubbery. Board, by agreement, defers any approval of a landscape plan. The Mr. Burnett states that a change in the Zoning Ordinance has been advertised and is ready for adoption. There is no one present who opposes this change. Mr. Ritz states that this change basically adds a number of uses to the M-1 District. Mr. Apperson inquires as to why this change is being made. Mr. Burnett states that the present M-1 uses are too restrictive and this proposed change would give more latitude in uses allowed in ~e M-1 zoning. All Board members agree that this liberalization is needed. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that Sections 21-1, 22-1 and 23-1 be and they hereby are amended to read as follows: I. Amend Section 21-1 to read as follows: "Uses Permitted. Within any M-1 District, no building, structure, or premises shall be used, arranged, or designed to be used in any part, except for one or more of the following uses: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (ll) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) <22) <23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33) (34) (35) (36) (37) Apparel and other finished products made from fabrics, leather, and similar materials, except leather tanning-manufacturing. Bakery products - manufacturing. (10-23-74) Bottling and canning soft drinks and carbonated waters. (10-23-74) Brooms and brushes - manufacturing. Coating, engraving, and allied services. (Not to include engraving, pickling, anodizing or other metal surface treatment). (10-23-74) Cold storage. Communication studios and stations (not towers). (1-23-74) Confectionery and related products - manufacturing. (10-23-74) Converting paper to paperboard products and paperboard containers and boXes - manufacturing. (2-14-73) Cosmetics and toiletries (compounding only) - Manufacturing. Costume jewelry, costume novelties, buttons, and miscellaneous notions (except precious metals) - manufacturing. Electric lighting and wiring equipment, communication equipment (including radio and TV), and electronic components and accessories - manufacturing. (10-23-74) Fabricating sheet metal products. (10-23-74) Freight forwarding, packaging, and crating services, not including truck terminals. (10-23-74) Fur dressing and dyeing. Industrial and vocational training schools. Jewelry, silverware, plated ware - manufacturing. Laboratories and other research and development facilities. Lamp shades - manufacturing. Linoleum, asphalt-felt-base, and other hard surface floor and cover manufacturing. Mortician's goods manufacturing. Motion picture production. (10-23-74) Musical instruments and parts - manufacturing. One mobile home subject to a mobile home permit from the Board of Supervisors. (6-13-73) Pens, pencils, and other office and artist's materials - manufacturing. Pharmaceutical products - manufacturing. (10-23-74) Printing, publishing, and allied industries. Professional offices. Profession, scientific, and controlling instruments; photographic and optical goods; watches and clocks manufacturing. Rectifying and blending liquors. (10-23-74) Roasting coffee and coffee products and tea - manufacturing. (10-23-74) Spices, flavor extracts, and flavor syrups - manufacturing. (10-23-74) Toys, amusement, sporting, and athletic goods - manufacturing. Umbrellas, parasols, and canes - manufacturing. Warehouses. Wholesaling houses and distributors. Wine, brandy, and brandy spirits - manufacturing. (10-23-74)" II. Amend Section 22-1 to read as follows: "Uses Permitted. Within any M-2 District, no building, structure, or premises shall be used, arranged, or designed to be used in any part, except for one of the following uses: (1) (2) (3) (4) (5) (6) (7) (s) (9) (lO) (11) (12) (13) (14) Any use permitted in the M-1 District. Building materials-storage and sale. Contractor shops and storage yards. Cottonseed oil milling. Dairy products - manufacturing. (10-23-74) Distilling liquors. Electric transforming stations (no public utility). Electrical transmission and distribution equipment, household appliances, electrical industrail apparatus, and other electrical machinery, equipment, and supplies - manufacturing. Feed and grain storage. Furniture and fixtures - manufacturing. Ice - manufacturing. Macaroni, spaghetti, vermicelli and noodles - manufacturing. Mass transportation. (1-23-74) Other fabricated metal products manufacturing not otherwise listed in this Ordinance. (10-23-74) (15) (16) (17) (18) (19) (20) (21) Other food preparations and kindred products - manufacturing. Port facilities. Pottery and related products - manufacturing. Public utility storage yards. Sanitary sewage treatment plants. Shortening, table oils, margarine, and other edible fats and oils - manufacturing. Signs and advertising displays manufacturing. (10-23-74) (22) Soybean oil milling. (23) Sugar - manufacturing. (24) Tobacco - manufacturing. (25) Textile mill products manufacturing. (26) Truck terminals. (27) Vegetable oil milling. (28) Wholesale greenhouses." III. Amend Section 23-1 (12) to delete the wording thereof reserving the number. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Don Ridle, Nursing Home Administrator, and Mr. James Condrey, Director of Central Accounting, come before the Board to discuss the reasons they are asking for the rates of the Nursing Home to be raised. Mr. Ridle states that that due to the new regulations of Medicare and Medicaid, reimbursement will be made to the provider based on reasonable cost or the charges made to the general public for like services, whichever is the lesser. He states that in reviewing the rates it has been shown that private patients are charged less than program patients under Medicare or Medicaid. He states that with the 10%~ discount to Chesterfield patients, the rate is reduced even further. He states that it is necessary to either increase the rates of the private patient or suffer a substantial loss from the program patient. Mr. Myers inquires what percentage are on the program. Mr. Ridle states 75%, and that 25% are private. Mr. Myers states that he has seen a bill from the Nursing Home and it was a monthly rate plus an additional cost for ancillaries. Mr. Condrey states that the two types of patients are billed differently. He states the program patient is billed one bill for all and the private patient is billed the daily rate plus ancillaries. Mr. Burnett states that it is done in this manner because the private patient has the opportunity to cut back on ancillaries if he desires. Mr. Homer inquires why the private patients are there as such and not 'the same as program patients. Mr. Ridle states that if the patient has assets of $1,400 or more he cannot get in on the program. Mr. Myers inquires about the other increases. Mr. Condrey states that they waited too long before coming to the Board; they gave 10% instead of $10; food, etc. is all going up and that the regulations of the Federal Government, which have been written, are now being enforced. Mr. Apperson states that they do not have to go to the lowest rate. Mr. Burnett states that officials who administer the Medicare and Medicaid programs have not enforced these regulations strictly before, however, we have been notified that this will be no longer true. Mr. Condrey states that they will take the Nursing Home costs and decide if they are reasonable and then the Nursing Home will be locked in. Mr. Apperson inquires if the Government pays a rate, where do the ancillaries come in. Mr. Ridle states that is included in the rate. Mr. Apperson states that in that case the 25% private total cost is not equal to the 75% program, if ancillaries are included. Mr. Burnett states that the cost is the same, the amount of reimburse- ment is not. Mr. Myers inquires if the overall cost will improve after the 100-bed addition is completed. Mr. Ridle states that this has been taken into consideration but other factors like the date of completion, t~ staff, etc. have to be considered. Mr. Apperson requests a comparison of the costs of private nursing homes and the County's. Mr. Ridle presents the Board with comparative.costs. He adds also that private homes give approximately 2~ hours of attention and that the County's Nursing Home is giving approximately 3~ hours of attention per patient per day. After considerable discussion, Mr. Apperson reluctantly moves that this rate increase be approved but that at the time of the next budget, this rate be studied very closely with a possibility of decreasing same or finding a solution to all the increases. Ayes: Mr. Apperson. Nays: Mr. O'Neill and Mr. Horner. Abstention: Mr. Myers. Mr. Myers adds that he is not critical of the motion, he just has strong feelings about this matter. Mr. Burnett states that the Board will have to realize that there will be a deficit next year or the services will have to be decreased. Mr. O'Neill states that he feels the Nursing Home Administrator and others should explore the services rendered. Mr. Ridle states that previously they have been providing services that have not been required but that with the new Government regulations demanding a higher level of services, things will be tight. The Board adourns for lunch. Reconvening: 74S095 In Bermuda Magisterial District, Lee Investment Corporation requests a Conditional Use to permit construction of 170 multi-family units on two parcels of land, containing 20 acres, bounded on the south by Bermuda Gardens Subdivision, Section A, on the west by Morrisdale Subdivision and being located at the north terminus of Rivermont Road. T.M. 135-8 (1) 6 & 18, Five Point Acres (Sheet 42). Mr. Manuel states that the applicant for this request has followed the proper procedures and has asked that this case be deferred until November 27. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this request be and it hereby is deferred until November 27th as requested. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 74S127 In Matoaca Magisterial District, George A. Griffith requests a Conditional Use to permit the operation of a dog kennel on a parcel of land located approximately 3,000 ft. north of the intersection of Lewis Road and Bradley Bridge Road and better known as 12912 Lewis Road. ~T. M. 131 (1) 5-3 (Sheet 40). ~. Mr. Manuel states that the applicant has followed the proper procedures in ' requesting that this be deferred until December 18th. .j On motion of Mr. O'Neill, seconded by Mr Myers, it is resolved that this request for deferral be and it hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 74S073 In Matoaca Magisterial District, Purdy Timber Company requests the rezoning from Agricultural (A) to General Business (B-3) of part (4 acres) of a parcel of land of rectangular shape and containing 8 acres. The 4 acres front approximately 300 feet on Carver Heights Drive, extend northwardly to a depth of approximately 600 feet and are located approximately 200 feet west of the intersection of Carver Heights Drive and West Booker Boulevard. Refer to Sec. 114-11 (1) point of Parcel 1 (Sheet 31). Mr. Kip Purdy states that there is no opposition to this request and that since this parcel has basically been used for the same type of situation for the last hen years he does not see any problem. Mr. O'Neill states that the reason for the deferral was because of the amended Zoning Ordinance and it was thought at the time that this could be a Conditional Use rather than rezoning the area Mr. O'Neill states that there is some concern regarding the truck traffic that will be utilizing this road. Mr. Purdy states that if the Board would like a stipulation placed on him, he would agree to same and use the old railroad line for the trucks. Mr. Balderson states that if stipulations are needed, the Planning Department will be glad to make them. Mr. O'Neill inquires if he can pass this subject to restrictions placed on the rezoning. Mr. Mason states that it would be best to have the restrictions at the time of rezoning. Mr. O'Neill inquires if this would be a hardship on the Company. Mr. Purdy states that two weeks delay would non be as bad as four weeks. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that this request be and it hereby is deferred until November 13th. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 74S109 In Dale Magisterial District, To T. Crump and F. T. Kinker, Jr. request the rezoning from Residential (R-7) to Light Industrial (M-l) of a parcel of land of rectangular shape, containing 3.15 acres, fronting approximately 625 feet on Oakdale Avneue, extending westwardly to a depth of approximately 220 feet, and beling located at the intersection of Falling Creek Avenue and Oakdale Avenue. T. M. 53-2 (3) 1 through 12 Oakdale Subdivision (Sheet 16). Mr. Andy Ney comes before the Board representing Mr. T. T. Crump and Mr. F. K. Kinker, Jr. and he states that the Planning Commission had stated that if this request were granted, that his clients be required to construct Douglas Avenue as a public road or contribute the money for same. He states they feel this would be an undue hardship and they could not possibly afford this. He states the land for this operation cost $20,000 and the road improvements could run approximately $40,000. He states they are willing to abide by all the other stipulations but this one, as they do not feel they need this road and they do not want it. He states that they will have a four day work week and that at the maximum there will be only one delivery truck in and out per day and that only 10-14 cars of the employees will be using this road. He states the neighbors in the area are in favor of this construction in lieu of more apartments like those presently existing in the area and that there is no opposition. Mr. Apperson states that he does not feel the applicant should be required to do this construction on the roads, he is surprised that the applicant was even asked to do this and that he does not feel a private entity should be asked to construct a public road. On motion of Mr. Apperpon, seconded by Mr. Myers, it is resolved that this rezoning request be and it hereby is approved subject to the conditions recommended by the Planning Commission, except for the road stipulation. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 74Sl19 In Clover Hill.Magisterial District, Ray C. Brinser requests rezoning from Agricultural (A) to Townhouse For Sale (R-TH) of a parcel of land containing 36.3 acres, fronting approximately 2,400 feet along the southeast line of Newbys Bridge ROad and being located approximately 3,000 feet southwest of its intersection with West Road and being bounded on the south side by Falling Creek. T. M. 50-4 (1) 9 (Sheet 14). Mr. J. F. Hubbard states that with the present economic situation this type of housing is necessary. He states that the land could possibly handle 450 units but they are proposing only 280. He states they will leave the 50 foot buffer, the drainage would be taken care of in the final plans and that two schools are planned for this area He states the cost of the units will be in the low $30,000 bracket and will have between 12,000-15,000 square feet. Mr. Lee Coleman comes before the Board to oppose this rezoning request because there presently exists five apartment complexes in the area and that if he had known he would not have purchased the land Mr. Charles Hawthorne states that he owns 37 acres of land near the proposed development and that there presently exists a bad drainage problem and he feels this will make the situation even worse. He adds also that traffic will be bad on this road and the school system would not be able to handle the additional load. Mr. R. H. Hobson states that he, too is opposed to this request for th~ same reasons stated by the other gentlemen. Mr. Hawthorne states that Mr. Burnett has a petition that he would like entered into the records of those in the area who are also opposed. Mr. Burnett states that the petition carries approximately 15 names opposing the request. Mr. Hornet states that he will have to oppose this request as he feels the health 'safety and welfare of those involved would be adversely affected. Mr. Hubbard states the he would like to change the request and ask for rezoning to Residential (R-7) instead of Townhouses For Sale (R-TH). Mr. Horner states that he feels this is just a spur of the moment thought and he feels Mr Hubbard should seriously consider this matter He adds also that he and those persons involved would like to see a plan for the proposed area. On motion of Mr. Homer, seconded by Mr. Apperson, it is resolved that this request for rezoning for Residential (R-7) be and it hereby is deferred until January 22, 1975. Ayes: Mr Homer Mr. Myers, Mr. Apperson and Mr O'Neill. 74S125 In Clover Hill Magisterial District, J. E. Hancock requests the rezoning from Agricultural (A) to Light Industrial (M-l) of a parcel of land of irregular shape, containing 64.3 acres, fronting approximately 2,400 ft. along the south line of Route 360, extending southwardly to a depth of approximately 1,600 ft and being located approximately 800 ft. west of the intersection of Route 360 and Winterpock Road. T. M. 75 (1) 27 (Sheet 20). Mr. John Dotson states that the Hancock Family is requesting the M-1 zoning for a 64 acre tract of land which they do not plan to develop for approximately 10 years and they do feel it is compatible with the area. Mr. Horner states that his main concern is for the protection of the Reservoir. Mr. Dotson states that since the Hancocks will still own property on the Reservoir, he is sure they will not permit this and will take measures to see that this does not happen as it will hurt them as well. Mr. Horner also voices some concern for the access roads which will be adjoining Route 360 and the traffic that will follow. On motion of Mr. Homer, seconded by Mr. O'Neill, it is resolved that this rezoning request be and it hereby is approved with the stipulations that 1. An access road be built from the southern portion to the northern portion of the land; 2. That this are~be limited to one access to Route 360, 3. That a 60 foot right-of-way be dedicated from the center line of Route 360; and 4. That a buffer zone 150 ft. from the 178 foot contour line along the Reservoir to the east of the lake be provided in which are~all necessary precautions will be taken to prohibit any pollution to the lake. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. There is no one present in opposition to this request but a letter is read from Mr. Tom Cole and Mr. Raymond Ballard opposing this request as they feel it would be an environmental threat to the area and asks that this letter be read before a vote is taken. A vote on the motion is again taken with all voting aye. 74S103 In Matoaca Magisterial District~ Shiloh Baptist Church requests the rezoning from Agricultural (A) to Residential (R-7) of a parcel of land of irregular shape, containing 15.2 acres, lying approximately 150 ft. off the south line of Hickory Road and being located approximately 600 ft. west of the intersection of Matoaca Road and Hickory Road. T.M. 173-10 (1) 11 (Sheet 48). Mr Parkman states that he has a meeting with Mr. Painter later this day and he would like this deferred until they have met and discussed the matter further. On motion of Mr. O'Neill, seconded by Mr~ Apperson, it is resolved that this request be and it hereby is deferred until November 27. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 74S131 Mr. Kenneth R. Minson requests a Use Permit to locate a mobile home at 15900 Meridian Avenue. Mr. Ritz states that the Health Department's report has been received and that the trailer will be the only hook-up on the septic tank as no one presently lives in the house. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that this Use Permit be granted for a two year period, but at such time as persons occupy the house, this permit will be terminated. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 74S141 and 74S142 In Matoaca Magisterial District, Mr. Jimmie Stephenson requests a Variance to build a dwelling on a parcel of land which has no public road frontage. This parcel lies approximately 550 ft. off the east line of Church Road measured from a point 2,800 ft. south of its intersection with Hickory Road. T.M. Sec. 173 (1) part of parcel 25 (Sheet 48). Mr. James A. Lee also requests a Variance to build a dwelling on a parcel of land which has no public road frontage. This parcel lies approximately 450 ft. off the east line of Church Road, measured from a point 2,800 ft. south of its intersection with Hickory Road. T.M. Sec. 173 (1) part of parce 25 (Sheet 48). On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that these requests for VarianCes be and they hereby are approved with the stipulation that each dedicate a 50 ft. wide right-of-way to the County. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Homer inquires what action the Board would like to take regarding the Massage Palor Ordinance. Mr. Myers states he would like to read the Ordinance thoroughly. It is generally agreed that this matter be deferred. Mr. Burnett states that the Sheriff is requesting two positions on his present staff to be upgraded. Mr. Myers states that his only concern is that it does not interfere with the working relationship between the County and the Compensation Board. Mr. Burnett states it should not. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this request be and it hereby is granted. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Burnett states that Mr. Carl Wise is requesting additional help to police and maintain Rockwood Park. He states that he would still like to employ Billy Gill and have him supervise and do this type of work himself. Mr. Horner states that he does not feel this Park needs this crew at this time. It is generally agreed that this matter be deferred. Mr. 8~rnett states that Chief Varnier has submitted his letter of resignation from the position of Chief of the Ettrick Fire Department. He has been working since 1939 and he has now accepted a position with the Bellwood Fire Department as Chief. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that Chief Varnier's resignation be and it hereby is accepted and the County Administrator be requested to write a letter of thanks for his dedicated service. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill. Mr. Burnett states that he has received a request from the City of Richmond requesting the County sign a fire agreement with Richmond and the County of Henrico. Mr. Burnett states that Henrico has not signed yet but that in case of the need for City help, the County will be charged a fee for the service if the contract is not signed. He states that the Fire Chief is in favor of this agreement but that he is not sure as the City used this type of agreement in the annexation suit showing the close cooperation, etc. between the two. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the County sign this agreement for fire benefits provided that a clause is inserted to indicate that this agreement would not affect in any way any future annexation attempts. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the following erroneous tax claim be and it hereby is approved for payment: Ms. Suzanne S. Elliott 1974 Personal Property Taxes $66.98 Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. Mr. Burnett states that the proposed route for 1-95 will be discussed at John Tyler Community College on October 29 at 7:30 p.m. Mr. Lee Falwell presents the Board with plans for the proposed addition to the County Offices. He states that the cost will be approximately $2,000,000 and that there will be approximately 17,500 square feet on each floor. On motion of Mr~ O'Neill, seconded by Mr. Myers, it is resolved that this Board go into Executive Session to discuss personnel and real estate matters. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr. O'Neill. Reconvening: On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that this Board adjourns at 6:15 p.m. to 5:00 p.m. on October 30, 1974. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. M.vWi 'Burnett, Secretary <Ia~f"ln ~-~Horner, ~%-{<nan - '