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07-11-1973 MinutesVIRGINIA: At a regular'meeting Of the Board of Supervisors of Ckesterfield County, held at the Courthouse on July 1t, 1973 at 9:00 A.M. Present: Also Present: Mr. Irvi~ G. Horner, Chairman Mr. Leo Myers, Vice-Chairman Mr. E. Merlin O'Neill Mr. A. J. Krepela Absent: Mr. J. Ruffin Apperson Mr. Oliver D. Rudy, Comm. Atty. Mr. ~'iorris Mason, Asst. Comm. Atty. Mr. M. W2 Burnett, County Administrator Mr. C. G. Manuel, Asst. Co. Admln. Mr. Robert A. Painter, County Eng. Mr. William Prosise, Asst. Co. Eng. Mr. Michael Ritz, County Planner Mr. Hornet gives the invocation. The Board of Supervisors this day approved alt claims presented to the County for the month of Jung,1973' and authorized the Treasurer of the County to issue warrants as follows: General County Fund Check No. 61133 - 62595 Revenue Sharing Fund Check No. 62386 Library Fund Check NOo -62097 - 62419 $4~269~909.00 470.40 14~406.47 Law Library Check No. 62240-62363 407°00 3~ Road Fund CheCk No. 61911 Airport ~und Check No. 62410, 62411 and 62266 34.50 57.59 County Garage Check No. 61284 - 62423 County Storeroom Check Ne. 61246 - 612887, 62397 15,882.93 2~866.74 Workmen's Compensation Check NO. 61287~ 61424 and 62105 476.40 Social Services Check No. 1999 - 62002~ 61398-61857 Check No. 61323,61330; 61460 -61464 Check NO. 60752 - 61160 71,843.64 Nursing Home Check No. 61459-62441 97,080.80 ~ttrick Qperatinq Fund Check No. 62423 ' $9 867.~3 Sales Tax -Check No. 61331-62144 23.88 ~_yroll ~eduction Check No. 61441-62125 ~161,177o91 Water Revenue Fund Check No. 8451-8459 55.75 Water Operating Fu~d Check No. 8365 - 8616 74,,627.28 Water Improvement Fund Check No. 8435 -8581 112,158.78 County Water Construction Fund Check NOo 8547 700.00 Water Meter Deposit Fund Check No. 8366-8450 360.00 Wa~er ~ter Interest Fund Check No. 8551 - 8568 53,072°02 Central Stores Check No. 8349 - 8588 19,447.87 Sewer Revenue Fund Check No. 8427 22.25 Sewer Operatin~ Fund Che~k No. 8365 - 8581 26,177.28 Sewer Debt Fund Check No. 8483~ 8587, 8562~ 8527 and 8606 Sewer Improvement~Replacememt and Extension Fund Check No, 8399 - 8584 2;472.17 497,560o81 State Sales Tax Check No. 8375 and 8534 39.65 Utility Workmen's Compensation Check No. 8413 42.00 On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the minutes of June 26 and 27, 1973, b$, an~ they hereby are approved. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. On motion of MC.. O'Neill, seconded by Mr. Myers, it is resolved following waner contracts be and they hereby are approved: W73-48D Hazen Stree~ Extended ~ 500.00 %[73-41CD Route 36£ at Elkhardt Road 27,200.00 W73-45D Meadowdale, Section "H" 4=532.78 W73-39D Kingswood 3~,147.50 W73-38D The Meadows, Section ~=A" 22,379.00 w7~_~.~n ~o~rhhnl}~ Green. Section "B" 20,642.10 W73-~3D Olde Coach Village, Section "C", Phase I Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. $12,977.00 On :motion of Mr. Myers, seconded by Mr. O'Neill, it Ks resolved ~at, sewer contract S73-13D for the R~r~cbury Square Apartments in the amount of $49,000.00 be and it hereby is approved. Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. On motion of Mr. Myers, ~econded by Mr. O'Neill, it is resolved that the sum of $214.24 be paid from the 3¢ Road Fund of the County for additional expense on the drainage improvements on Rochelle Road in Bermuda District. Ayes: Mr. Horner, Mr. Myers and Mr.. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the following road names be changed as shown on plats filed with the papers of this Board: Rt. 651 be named Elley Clay Road A portion of Bailey Bridge Road be named North Bailey Bridge Road. A po~,tion of Spring Run Road be named North Spring Run Road Route 659 be named Riverway Road Route 746 be named Ruffin Mill Road Route 2411 be named Sculley Road Ayes: Mr. Homer, Mr. Myers and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that since the bona fide offer of $200,00 for a sewer easement has been refused, that due to the emergency of completing Project S72-54CD/9-5, that condemnation proceedings be instituted against Mr. John F. Jones and wife to acquire the necessary easement. Ayes: Mr. Homer, Mr. Myers and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the Right- of-Way Engineer be requested to make the necessary offers for sewer .easements from the trunk of. Kingsland Creek to Ling King Restaurant on Route 1 and should this offer not be accepted to institute condemnation proceedings in order to acquire the necessary rights-of-way. Ayes: Mr. Horner, Mr. Myers, and Mr. O'Neilll On motion of Mr, O'Neill, seconded by Mr. Myers, it is resolved that the bid for the Matoaca Pumping S~atien be awarded to Mr. Leo Fay who submitted the low bid of $14,060.00. Ayes: Mr. Morner, Mr. Myers and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the County again enters into a contract with the U.S. Government, Department of the Interior, for a gauging station on the Falling Creek at a cost of $900~00 Ayes: Mr. H~rner, Mr. Myers and Mr. O'Neill. It was cited by the County Administrator that the developer Of the Whale Rock Subdivision has agreed to pay for the lot which was recently approved by this Board for ~the ~ight-of-way to the road to connect said subdivision to Lamp- lighter Drive and the owner of said lot is unwilling to sell, making it necessary to institute condemnation proceedings to arrive at a fair and just payment. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that an offer be made to Mr. W. D. Hale, the owner of said lot and i~ the offer is not accepted t_hat condemnation be instituted. Ayes: Mr. Homer, Mr. Myers and Mr. O'Neill. There was presented a~,plat of the Greenbriar Subdivision, Sect. 2, whinh plat was recorded in 1965 and allowed for a 25-ft. half road, to be developed at a later date and it was pointed out that this right-of-way was no longer needed in the development of the land and the 25-foot fright-of-way was actually causing problems of a traffic nature, it is on motion of Mr, O'Neill, seconded by Mr. Myers, resolved that the Commonwealth's Attorney be requested to prepare and advertise an ordinance to accomplish the vacation of the 25-ft. right-of- way to be heard by the Board of Supervisors on August 8, 1973 at 11:00 A.M. Ayes: Mr. Morner, Mr. Myers and Mr. O'Neill. On motion of-Mr. Myers, seconded by Mr. O'Neill, it is resolved that a petition signed by numereus citizens in the Greenleigh Mobile Home Park requesting Some action to reduce the traffic hazards on Route 1, south of Route 10, be received and filed with the Board's papers. u~nween KoUte l-O and Colonial HeiGht~, which h~s at present 55 mph limit and to use flashing lights to indicate excessive traffic hazards. Ayes: Mr. Homer, Mr. Myers and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board requests the Highway Department to remove the southbound toll barriers 'at the Walthall Interchange so that the heavy traffic build-up on Route 1 near this point may be alleviated. Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that Mr. Robert Ea~es Chief of Fire D~partments, investigate the construction of a traffic control light for the E~trick Fire Department. Ayes: Mr. Homer, Mr. Myers and Mr. O'Neill. Mr. LaVerne Cole comes before the Board seeking the County's assistance in condemning an easement across the property of Elmer Yeoman, south of Alcott Avenue, and states that this is the route of the present drainage in which there is a storm sewer pipe already and he agrees to enlarge the storm sewer across this lot in order to construct a business facility on the north side of Alcott Avenue. Upon consideration whereof and on motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that a bona fide offer be given to Mr. Yocman and if unacceptable, condemnation proceedings be instituted for this easement. On motion of Mr. Myers, seconded by Mr. O'Neill the followlnG ordinance is adopted: , AN ORDINANCE to vacate a portion of an unimproved fifty (50) foot wide road right-of-way in the subdivision of the Village of Bensley,known and designated as Westwood Street, located between Dundas Road and Sherbourne Road, a plat of which made by D. F.LaPrade Brothers, SurveyQrs, Richmond, Virginia, dated August 9, 1909, recorded July 9, 1910 in the Clerk's Office of the Circuit Court of Chesterfield County Virginia, in Plat Book 3, Page 21, and further shown upon a plat made by Pa~l King, Civi~ E~gineer, dated May, 1920, recorded May 17, 1920, in the aforesaid Clerk's Office in Plat Book 3, pa~es 194 and 195, the said portion of unimproved fifty (50) foot wide road right- of-way to be vacated being more particularly shown on a plat dated April 24,1972, made by Engineering Department, Ohesterfield, County. Virginia. a which is at~ached hereto and made a part hereof by t~is reference,c°py of 1~EREAS~, the Board of Supervisors of Chesterfield County, Virginia, by resolution duly adopted at its regular meetinG held at the Courthouse on October 27, 1971 direc=ed that an ordinance be prepared for public hearing on the proposed vacation of a portion of the said fifty (50) foot wide road right- Of-way i~ the Village of Bensley Subdivision, ~nown and designated as Westw~od Street, as shown on a plat made by the Engineering Department of the County of Chesterfield, Virginia, dated April 24, 1972, the portion of said road right- of-way to be vacated being shown on a copy of the said plat shaded in "blue", which is attached herete and made a part hereof by this reference and being more particularly described as follows, to-wit: W~STWOOD STREET commencing at its line of intersection, being 50 feet in width, w~th the southern right-of-way line of Dundas Roas, thence proceeding between parallel lines in a southwardly direction 300 feet, more or less, terminating at its line of intersection with the common boundary line of property now or formerly belonging to Raleigh A. Thompson and Geralding Thompson and wife.property now or formerly belonging to John S. Hlywa and Irene M. H~ywa', his WHEReAs, notice Of the adoption of this ordinance has been given in acco'rdance with Section 15.1-431 of the Code of Virginia, 1950, as amended. NOW, T~EREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield, Virginia: t. Tha{ pursuant to Section 15.1-482, of the Code of Virginia, 1950, as amended, that the portion of the unimproved 50 feet wide ~Oad right-of-way as described above and shown shaded in "blue" on the copy of plat attached hereto and described herein, be, and it is hereby vacated, 2. This ordinance shall be in full force and effect in accordance with Section 15.1-482 of the Code of Virginia, 1950, as amended, and a certified copy thereof, together with the plat attached, shall be recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia, Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. )n motion)ted: of Mr. Myers, seconded by Mr. O'Neill, the following Ordinance is AN OP~DINANCE to vacate an unimproved fifty (50) foot wide road right-of-way in the subdivision of Falling Creek Hills and Falling Creek Villa, known and designated as Cambria Street, located between Allerton Street and Strathmore Street, {formerly Mill Road), a plat of which made by LaPrade Brothers, Civil Engineers and Surveyors, Richmond, Virginia, dated October 24, recorded January 15, 1959, in the Clerk's Office of the Circuit Court of Chesterfield, .County, Virginia in Plat Book 11, pages 5, 6 and 7, and further shown upon a plat made by the said LaPrade Brothers, date~ June 9, 19.59, recorded September 11, 1959 in the aforesaid Clerk's Office in Plat Book 11, Page 56, the said unimproved fifty (50)' foot wide road right-of-way to be vacated being more particularly shown on a plat dated June 27, 1972, made by Engineering Department, Chesterfield County, Virginia, a copy of which is attached hereto and made a part hereof by this reference. WHEREAS, the Board of Supervisors of Chesterfield, County, Virginia, by resolution duly adopted at its regular meeting held at the Courthouse on 'November 22, 1972, directed that an ordinance be prepared for public hearing on the proposed vacation of the said fifty (50) foot wide road right-of-way in Falling Creek Hills and Falling Creek Villa, known and designated as Cambria Street, as shown on a plat made by the Engineering Department of the County of Chesterfield, Virginia, dated June-27, 1972, the said road right-of-way to be vacated being shown on a copy of the said plat shaded in "blue", which is attached hereto and made a part hereof by this reference and being more particularly described as follows, to-wit: CAMBRIA STREET commencing at its line of intersection, being 50 feet in width, with the western right-of-way line of Allerton Street, thence proceeding between parallel lines in a westwardly direction 400 feet, more or less, termin- ating at its line of intersection with the eastern right-of-way line of Strathmore Street (formerly Mill Road). WHEREAS, notice of the adoption of this ordinance has been given in accordance with Section 15.1-431 of the Code of Virginia, 1950, as amended. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Chesterfield, Virginia: 1. That pursuant to Section 15.1-482, of the Code of Virginia, 1950, as amended, that the unimproved 50 feet wide road right-of-way as described above and shown shaded in "blue" on the copy of plat attached hereto and described herein, be and it is hereby vacated, except however, the County of Chesterfield, Virginia, reserves to itself a perpetual 16 foot drainage and utility easement upon, over; across, under and through the said road right-of- way, measured 8 feet on each side of the center line as shown on the said plat. 2. This ordinance shall be in full force and effect in accordance with Section 15.1-482 of the Code Of Virginia, 1950, as amended, and/~ertified copy thereof, togethere with the plat attached, shallbe recorded in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is.resolved that the request for a Variance by Mr. M. B. Floyd be deferred to Ju~y325, 1973. Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the resignation of Mr. Richard DeCair from the Library Board be, and it hereby is accepted with regret and the County Administrator is requested to thank Mr. DeCair for his services to the County in this capacity. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. 0n motion of Mr. O~Neill, seconded by Mr. Myers, it is resolved by the Board of Supervisors of Chesterfield County that the application of St. Anne's Catholic Church for permission to conduct Bingo games and/or raffles, having been received by the Board and duly considered, permissiQn is hereby granted said applicant to conduct Bingo games and/or raffles subject to the conditions as set forth in said permit. Ayes: Mr. Horner, Mr. Myers and Mr. O/Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, the following ordinance is adopted: AN ORDINANCE to provide for the rearrangement of the Boundary lines of the Chester Precinct in Bermuda Magisterial District, Chesterfield County, Tirginia, by dividing said precinct andcreating two new precincts, said division )eing occasioned by the increase in the number of registered voters in the ~xisting Chester Precinct and alleviate the crowded conditions at the polls )n election day. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, ;IRGINIA: 1. Pursuant to authority contained in the Code of Virginia of 1950,' as amended, SectiOn 24.1-37 and Section 24.1739, the Chester Voting Precinct of Bermuda Magisterial DistriCt is hereby rearranged and the following voting precinct~ and respective POlling places are created a~d established as Set forth in this ..~,N~TH ~HEST~R .VOTING PRECINCT: Beg~inning at the intersection of Procter's C~eek and U. S. Interstate Reute No. 95; thence running southwardly along the center line of U.S. Inter- s~tate Route No. 95 to its intersection with ~tate Route No. 10: thence in a ~es~wardly direction along the cneter line of State Route No. 10 tO ~ts inter- ~b~ction with the center line of Chalkley Road (State Route 632): thence Northwardly along Chalkley Road to its intersection with the center line of Centralia Read (State Route 'E145)~ thence along the cneter line of Centralia Road eastwardly'to its intersection with the center line of the Seaboard Coastline ~ailroad right-of-way: thence north wardly along the center line of said rail- road right-of-way, to its intersection with the center line of Proctor's Creek- thence eastwardly along the center line of Proctor's Creek to the point of beginning. The voting place therein is tO be at Thomas Dale High School. SOUTH CHESTER VOTING PRECINCT: Beginning at the intersection of Route No. 10 and U. S. Interstate No. 95~ thence running southwardly along the center line of U. S. Interstate No. 95 to its intersection with the northern boundary line of the City of Colonial Heights: thence along the boundary line of the City of Colonial Heights and Chesterfield County in a southerly and westerly direction to its intersection with the center line of the Seaboard Coast Line Railroad right-of-way: thence northerly along the center line of said railroad right-of-way to its intersection with the center line of Happy Hill Road (State Route No. 619): thence along the center line of Happy Hill Road as it runs'xn a northerly and westerly direction intersecting U. S..Route No. 1 and Harrowgate Road {State Route No.144) to its intersection with the center line of Branders Bridge Road (State Route No. 625)~ thence continuing in a northwesterly direction along the center of Branders Bridge Road toits intersection with the center line of State Route No. 10: thence in a northerly and easterly direction along the center line of State Route No. 10 to the point of beginning. The voting place therein is to be at the Chester Library (Bookmobile Garage). 2. The secretary of the Electoral Board shall notify, by mail, not later than fifteen (15) days prior to the next general, special or primary election, all registered voters whose precinct and/or polling place has been changed by the provision of this ordinance. 3. Should any section or provision of this ordinance be decided to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section or provision of this ordinance. 4. This ordinance shall be in full force and effect upon its passage and ena~ctment by the Board of Supervisors of Chesterfield County, Virginia. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. On metion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the game claim for Mr. Lee R. Gordon in the amount of $84.00 be and it hereby is approved for payment. Ayes: Mr. Homer, Mr. Myers and Mr. O'Neill. On ~otion of Mr. Mysrs, seconded by Mr. O'Neill, it is resolved that bids be received to further protect the materials in the Data Processing building from fire, since any fire in this building would ruin valuable tapes, the information of which w~uld be very hard to replace. Ayes: Mr. Homer, Mr. Myers and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr, O'Neill, it is resolved that the Treasurer be requested to transfer.the sum of $4,000.00 from ll-021-109-Deputies and Clerical to ll-021-109.1-temporary employees and reduce the Planning budget by $1,400.00 for account ll-021-109-Deputies and Clerical in the budget of the Commissioner of the Revenue which change will allow the County to have firtually the same budget as approved by the State Compensation Board. And be it further resolved, that the sum of $10,000 be transferred from ll-031-109-Cterical assistants to llL031-109.1-Temporar~ employees in the Treasurer's Office. Ayes: Mr, Homer, Mr. Myers and Mr. O'Neill. On motion o-f Mr. Myers, seconded b~ Mr. O'Neill, it is resolved that the sum ef $5,~3B~0D/be ~a~d to the Reven~-e account 41-~00-~5~.4 State's share of Supt.'s s, ataTya~d i-ncrease %he expend£ture acco~n-t of the School Board budget account 41-~-11=~-2 Cempen'satiou of Superintenden.t by a like amount, which change is due-to a change in the method of handling this account and is accord- ing to the SchooI.~oard resolution adopted June 27, 1973. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the request of Mr. C. W. Cunningham again be deferred for 90 days to October 10, 1973 due to the changes of road design 288. ' 73-61 Mr. Merlin O'Neill absents himself from the Board because of a possible conflict. Mr, Howard Mayo comes before the Board, representing Mr. B. Roland Freasier, who requests the rezoning from Agricultural (A) to General Business (B-S) of a parcel of land of irregular shape, containing 1.84 acres, fronting approximately 250 feet on Huguenot Road (Rt. 147), also fronting approximately 210 feet on 01d Buckingham Road (Rt. 677), and being located approximately 600 feet north- west of the intersection of the aforementioned roads, in Midlothian District. Refer to Tax. Map Sec. 16-8 .(1} parcel 12 (Sheet No. 7). Mr. Mayo states that a neighborhood bank needs under the new ordinance B-3 zoning since this is a drive-in facility but that he would accept B-2 zoning with a conditional use for this drive-in facility. Mr. Tom Davis, President, of Olde Coach Village Civic Association, states that there is no need for a bank in this a=ea and speaks against the proposal. Mr. William Delagrange and Mr. William Harding, residents of Olde Coach Village Subdivision speak against the rezonlng. Mrs. Louder says that the area is quiet now and should keep out commercialism. Mr. Mayo states that the parcels around the proposed bank site are zoned commercially. Upon consideration whereof, and on motion of Mr. Krepela, seconded by Mr. Myers, Be it resolved that since the Highway must acquire a portion of this property for the connection of Olde Buckingham Road to new Route 147, that this request be denied at this time. Mr. Homer states that they could put a bank in an A District with a conditional Mr. Krepela states that we are trying to keep business from growing on Route 147 any further north from Route 60. A vote being taken: Ayes: Mr. Krepela and Mr. Myers who state that we are not on solid ground but feel that under these conditions the request should be denied. Mr. Horner abstains from voting. 73-74 On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the zoning request of theDay Realty of Richmond, Inc. be deferred to August 8, 1973. Ayes: Mr. Hornet, .Mr. Myers, Mr. Krepela and Mr. O'Neill. 73-82 On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the request of Custom Investments, Inc, be deferred to August 8, 1973. Ayes: Mr, Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. At this time Mr. Krepela leaves the meeting due to the illness of his wife. 73-77 The Board of Supervisors of Chesterfield County requests the following change in the Zoning District Map of Chesterfield Coun=y: C. In Midlothian Magisterial District rezone from R-2 Residential to B-2 Community Business parcels known as Tax Map 15-12 (2), parcels 8 8-1, 10, 11, 12, 13, 14 and that part of parcel 9, south of a line extended from the northeast corner of parcel 8 to the northwest corner of parcel 14 There being no one to oppose this zoning change, after a meeting held in the area with citizens who presented no objections, it is on motion of Mr. O'Neill seconded by Mr. Myers, resolved that the above change be and it hereby is adop~edi Ayes: Mr. Horner, Mr. Myers and Mr, O'Neill. 73-80 Mr. L. Claude Berber comes before the Board requesting the rezoning from Residential (R-2) to Agricultural (A) and a Conditional Use to operate a wood- working and metal working shop on two parcels of land of rectangular shape, containing 4.9 acres, fronting approximately 200 ft. on Elkhardt Road (Rt. 663), 3e~t~ading northwardly to a depth of approximately 350 ft. and being located ~ppro~imately 250 ft. northwest of theintersec%ion of Elkhardt Road and Wake 'A~enue, in Clover Hill Magisterial District. Refer to Tax M~p Sec. 29-10 (1) parcels 27 and 28 (Sheet No. 9). Mr. Berg~r states that he wishes to obtain a Conditional Use for part-time work' in his shop. Mr. Anderson who lives in the Neighborhood states that Mr. Berger is a good Christian man and helps the community. Upon consideration whereof, and on motion of Mr. Hornet, seconded by Mr. Myers, is is resolved that the aforedescribed property be and is hereby rezoned to Agricultural (A) and a Conditional Use to operate a Woodworking and metal working shop on the aforedescribed parcel of land be and it hereby is granted with the recommendations of the Planning Commission as amended: 1. Operation of the metal and woodworking shop shall be restricted to between the hours of 7:00 A.M. and 9:00 P.M. Monday through Saturday. No Sunday operation shall be permitted. 2. No sign shall be permitted. 3. No outside storage of materials, equipment, or supplies shall be permittedi[ 4. This use shall be restricted to operation and participation therein by L. Claude Berger only. 5. No addition or alteration of either the existing dwelling or any outbuilding, either indirectly or-directly shall be permitted. No new structure, either indirectly or directly in conjunction with this operation shall be permitted. Ayes: Mr. Homer, Mr. Myers, and Mr. O"Neill. Mr, James DeBoer, representing Mr. William L. Canada comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-2)]'of a parcel of land of irregular shape, containing 76.20 acres, having no roa.~rontage but bounded on the north and east by the Wm. L. Canada Plat, and being located in the southwest quadrant of the intersection of R~ver Road (Rt. 602) and Exter Mill Road (Rt. 636) in Matoaca Magisterial District. Refer to Tax Map Sec. 158-12- (1) parcel 37. (Sheet No. 47). Mr. DeBoer states that he wishes R-2 zoning for the purpose of less restrictive side setback area and that the subdivision will have lots over 100 ft. in width. Upon consideration whereof, and on motion of Mr. O'Neill, seconded by Mr. Myers, is is resolved that this matter be deferred to August 8, 1973. Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. Mr. James W. Huneycott comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-2) Townhouse for Sale (R-7) and Community Business (B-2) of three parcels of land of irregular shape, containing 191.93 acres, fronting intermittently for approximately one mile on both the east and west lines of Hallowsy Road (Rt. 722), also fronting approximately 1,000 feet on Hickory Road (Rt. 628), and being located directly south of the intersection of the aforementioned roads, in Matoaca Magisterial District. Refer to Tax Map Sec. 180-4 (t) parcel 3; 180-8 (1) parcel 1; 180-12 (1) parcel 3 (Sheet No.52). Mr. Huneycutt states that he agrees now to have the area requested for B-2 to be rezoned to R-2. Mr. Charles Watson, Mr. David Bowles and Mrs. Kidd speak in opposition to the Townhouse aspect of the zoning. Mr. Huneycutt states that there will be a minimum of 6 to 7 units per acre in the R-7 district, they may be one-story in design and that the B-2 area on the corner will be the last to be developed. After considerable discussion of this matter, Mr. Huneycutt states that he will accept R-2 on the entire area. ' On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the entire tract be rezoned for R-2 purposes. Ayes: Mr. Hornet, Mr. Myers and Mr. O'Neill. 73-84 Mr. Fred Bernhar~..t and Mr. Douglas Woolfolk, representing Mrs. Maude T. Bernhardt come before the~Board requesting the rezoning from Residential (R-I) to Convenience Business (B-i) and a Conditional Use for a Planned Develol~ment, of three parcels of land of irregular shape, containing 1.89 acres, fronting approximately 400 feet on the south line of Huguenot (Rt. 147), also fronting approximately 300 feet on the west line of Buford Road, and being located in the southwest quadrant of the intersection of the aforementioned roads in Midlothian Magisterial District. Refer to Tax Map Sec. 10-2 (1), parcels 7, 18 and 19 (Sheet No. 3). Mr. Bernhardt states that they wish to construct Colonial style buildings, however, they object to the recommendation of building a fence in front of the property. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the aforedescribed parcel of land be and it hereby is rezoned to B-1 with a Conditional Use for a planned developemtn on the properties afore- described with the recommendations of the ~lanning Commissionlas amended subject to approval by Mr. Krepela on the fence provision: ' 1. Utility (water & sewer) plans shall be submitted and approved by the County Engineering Department prior to the issuance of any Building Permit. All necessary water, sewer, and drainage easements as may be determined by the County Right-of-Way Engineer shall be granted to and for the County of Chesterfield free and restricted prior to the issuance of any building permit. 2. In Phase 1 and Phase 2 development of a buffer strip as provided for under Sec. 24.3-4 of the Zoning Ordinance shall be provided along Buford Road, Huguenot Road and McRae Street. This buffer shall have a width of not less than 35 ft. along the Buford Road and McRae Street right-of-.way lines. A buffer strip of not less than 50 ft. shall be provided for the right~of-way ~ine along Route 147. No parking shall be permitted within the buffer strip area. Access from Buford Road and McRae Street shall be permitted across the buffer strip as indicated on the site-plan. No access to Route 147 shall be permitted. All existing growth in the buffer area shall be retained. Any open area exceeding 200 sq. ft. within the Buford Road buffer strip shall be planted with a sufficient growth of trees so as to diminish and obstruct sight of the branch bank facility and that adjacent parking area to the north. 3. No more than three office buildings shall be permitted. The total floor area of the office buildings shall not exceed eighteen thousand (18 000) square feet. , 4, No structure shall be permitted to exceed two stories in height, 5. All parking areas shall be paved and the total number of parking spaces shall conform to the accumulative number required under Sec. 24.1-2 of the Chesterfield County Zoning Ordinance. 6. All drives and entrances shall be paved to a width of not less than 25 feet. 7. All entrances, driveways and parking areas shall utilize curb and gutter. 8. -Schematic plans shall be submitted and approved following the procedure set forth in subparagraph 2 paragraph D under paragraph 8 of Section 28-2 Chapter 17 of the Chesterfield County Code. ' · Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. 73-87 Mr. O. E. Greene comes before the Board, representing the Manchester Volunteer Rescue Squad_ requesting a Conditional Use to operate a rescue squad service on part of a parcel of land of rectangular shape, containing approximately 5 acres, fronting approximately 200 feet on Courthouse Road, extending southwestwardly to a depth of approximately 1 400 feet and being located approximately 600 feet north of the intersectio~ of Courthouse Road and Hull Street Road (Rt. 360), in Clover Hill Magisterial District. Refer to Tax Map SeE. 49-8 (i) parcel 5 (Sheet 14). Mr. Greene states that his Rescue Squad agrees to the conditions of the Planning Commission, that they are not moving but expanding. On motion of Mr. Horner, seconded by Mr. O'Neill it is resolved that a Conditional Use to operate a Rescue Squad servic~ on the aforedescribed parcel of land be granted subject to the conditions recommended by the Planning Commissior 1. The applicant shall provide an accurate account of the drainage situation, showing existing drainage and the impact this pro~ect will have on the site and surrounding area. The developer shall submit a plan to the County Engineering Department which will provide for on and off site drainage control. The plan shall explain the method and show the facilities to be utilized and the hydraulic engineering of this project, This plan shall be approved by the Engineering Department prior to the issuance of any building permit and implemented prior to the issuance of any occupancy permit. 2. The applicant shall submit a plan for erosion and sediment control to the County Engineering Department. Such a plan is to be comprised of vegetative and engineering practices (as outlined in the "Erosion and Sediment Control Technical Handbook" published by the James River Soil and Water Conservation District). This plan is to be utilized as erosion ~nd sediment control measures for the pro3ect. The plan shall be approved p~ior to any clearing, grading, or otherwise disturbance of the soil, terrain or existing veg&tation. 3. Utility (water & sewer) plans shall be submitted to and approved by the Engineering Department prior to the issuance of any building permit. All necessary water, se~er, and drainage easements as may be determined by the County Right-of-way Engineer shall be granted to and for the County of Chester- field free and unrestricted prior to the issuance of any building permit. 4, Forty-five feet of right-of-way measured from the centerline of COurthouse Road shall be de~icated along the entire width of the parcel free and unrestricted to and for the County of Chesterfield by deed of dedication prepared by the County Right-of-Way Englneer upon receipt of a proper plat Prior to the ~SSuance of any building ~ermit. ~,. 5. Side yards of at least 25 feet shall be provided as a buffer strip &7~ong the north and south property lines. This buffer strip area shall be {r~ated as indicated by Sec. 24.3-4 of the Chesterfield County Zoning Ordinance. No structures, driveways, or parking areas shall be permitted within this buffer strip. 6. All parking areas and structures shall be set back a minimum distance of 200 feet from the right-of-way line of Courthouse Road, 7. That parking shall be located to the rear of the rescue squad building structure. All parking spaces shall be provided at a ratio of one space for each ZOO gq. ft. of gross floor area. Each parking space shall be 10' x 20' in size and all parking areas and driveways shall be paved. 8. A semi-circular driveway affording dual means of ingress and egress to and from Courthouse Road shall be provided having a width of not less than 25 feet. 9. Illumination from all exterior lighting shall be directed so as to cause no detriment to adjacent properties. 10. Only one sign, which will be indirectly illuminated, and setback at Ieast 15 ft. from the right, of-way line shall be permitted. The aforementioned sign shall not exceed 20 sq. ft. in area. 11. A final site plan showing all facilities including structures, drive- ways, parking areas, landscaping, signs, exterior lighting fixtures, shall be submitted to and approved by the Planning Department in accordance with Article 25 of Chesterfield County Zoning Ordinance. This shall be accomplished prior to the issuance of any building permit. Ayes: Mr. Homer, Mr. Myers and Mr. O'Neill. 73-89 Mr. Albert F. Baker, Jr. comes before the Board requesting the right to locate a mobile home at 10211Brightwood Avenue, Central Park, and it was pointed out that due to the ill health of his mother-in-law that it was necessary that this trailer be located in close proximity to her. On motion, of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the request of Mr. Baker be and it hereby is approved for a period of two years. Ayes: Mr. Horner, Mr. Myers, and Mr. O'Neill. 73-90 Mr. Howard L. Wade comes before the Board requesting the right to locate a mobile home at 15413 Appomattox Street in Chester. There appearing no one incopposition to this request and the applicant having had a trailer at this location for a number of years, it is on motion of Mr. Myers, seCOnded by Mr. O'Neill, resolved that the request of Mr. Wade be and it hereby is approved for a period of two years. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. The matter of approving the proposed location of a branch Library in the vicinity of River Road and Winfree Avenue comes before the Board and after some discussion of this matter, it is on motion of Mr. O'Neill, seconded by Mr. Myers, resolved that the proposed site for the branch Library on the Randolph Farms property of the State be and it hereby is approved. Ayes: Mr, Horner, Mr, Myers and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this Board of Supervisors of Chesterfield County approves the application of The Capitol Area Comprehensive Health Planning Council to the Robert Wood Johnson Foundation for financial assistance in establishing regional emergency medical communications systems. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. On motion of Mr. Homer, seconded by Mr. O'Neill, it is resolved that the County Administrator take the necessary steps to acquire two (2).drainage easements leading from the Wedgewood Subdivision as expeditiously as possible. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. There was presented an ordinance for the partial exemption of real estate taxation for certain elderly persons for the Board's consideration to be acted on at a later date. The matter of a a Variance requested by Mr. Richard T. Whittle, Jr., the owner of four (4) lots on Colonial Avenue, comes before the Board, and it is on motion of Mr..Myers, seconded by Mr. O'Neill, resolved that a Variance from the Building Code be granted for the construction of a dwelling on Lots 1 thru 4, Block 7, in the Plan of South Chester, provided said dwelling faces either Colonial Avenue or Lafayette Avenue, that a dedicated widening strip of 5' on Colonial Avenue and 2-1/2 ft. on Lafayette Avenue, be given to the County on all sides of these lots. Ayes: Mr. Horner, Mr. Myers and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that this Board go into Executive Session to discuss matters in litigation. R~convening: Mr. Myers states that the Board will be contacting a representative of candi- dates and candidates for office to explore the v~zious philosophies in conjunction with the problems that face Chesterfield County, that unless we get the information to the candidates and ascertain their feelings before election, it is hard to gain maximum advantage f~om an election. On motion of Mr. Myers, Seconded by Mr. O'Neill, it is resolved that this Board requests the administration to provide n~cessary p~sitiOn papers explain&~g in depth the position of Chesterfield County to be explored at the commng election Ayes: Mr. Homer, Mr. Myers and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this meeting be adjourned at 6:55 P.M. to July 23, 1973 at 5:00 P.M. ~. W. Burnett, Secretary