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09-12-1973 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on September 12, 1973, at 9:00 A.M. Present: Mr. Irvin G. Horner, Chairman Mr. Leo Myers, Vice-Chairman Mr. J. Ruffin Apperson Mr. A. J. Krepela Mr. E. Merlin O'Neill Also Present: Mr. Morris Mason, Asst. Comm. Atty. Mr. M. W. Burnett, Co. Administrator Mr. C. G. Manuel, Asst. Co. Admin. Mr. Robt. A. Painter, Co. Eng. Mr. David Welchons, Asst. Co. Eng. Mr. Michael Ritz, Asst. co. Eng. Mr. Stan Balderson, Chief Planner Mr. Apperson introduces the Rev~ R6bert Hamilton, the new Rector of St. Barnabas Episcopal Church, who gives the invocation. the Board of Supervisors this day approved all claims presented to the County for the month of August, 1973, and authorized the Treasury of the County to issue warrants as follows: General County Fund Check No. 63251 - 63759 $599,047.58 Nursing Home Check NO. 63268 - 63917 6~433.62 Law Library Check No. 63823, 63910 and 63919 263.95 Airport Fund Check No. 6~243 - 63706 421.07 Garage Fund Check No. 63255 - 63866 12,750.86 County Storeroom: Check No. 63266 - 63901 1,783.89 Social Services Check No. 63719 - 63747; 62829-63223; 63348-63356~-63568--63619 63748 - 63755~ 63748--63755~ 63~46 - 64064 73,660~79 Nu~sinq Home Check No. 63714 - 63897 21~470.21 Nurs'in9 Home COnstruction Check No. 63677 10,973.00 Sales Tax o~v u~_ ~KqK 7~54 ~at'er Debt Fund check No. 8681 - 8845 $16~344.57 Water Impro.~Replacement & Extension Fund Check No, 8816 - 8856 49~070..76 Water Meter Deposit Check No. 8707 - 8787 345.00 Water Meter Interest ~nd Check No. 869~ - 8866 4,179.11 utility Central Store~ Check No. 8683 - 8853 50~011.35 Ettrick Sanitary District Check No. 876~, 8792, 8826 and 8827 257.16 14~164~13 Sewer Operatin~ Fund Check No. 8699 - 8843 Sewer Debt Fund Check No. 8793 and 8828 211~300.00 Sewer Improvement~ Replacement and ~dte~sion Fund Check No. 8693 - 8817 217,993.95 Sewer Bo~ Constro Fund Check No. 8716~ 9738~ 8833 and 8862 12 ~679.o70 Sales Check No. 8749 69~11 Workman~s Compens&tion Check N~. 8813 and 8815 22,00 Workman.'s Com~ensatio~ -General Fund Check No. 63250 and 63817 408~8~ On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the minutes o~ August 22, 1973, be and they hereby are approved as corrected. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that the folloWing ordinance be and it hereby is adopted: AN ORDINANCE to vacate rights of the County of Chesterfield to establish an alley in a sixteen (16) foot easement along natural water course across Lot 6, Block E, Section H-2, Salisbury, a plat of which made by J. K. Timmons & Associates, Civil Engineers and Surveyors, dated May 31, 1971, is recorded in Plat Book 18, page 33, in the Clerk's Office of the Circuit Court of Chesterfield County, Virginia. Said easement being more particularly shown on a plat made by ~. K. Timmons & Associates, Civil Engineers and Surveyors, dated 3/20/72, a copy of which is attached hereto and made a part hereof by this reference. WHEREAS, STANLEY·H. RAYNER, JR. and Carole M. Rayner, have petitioned the Board of Supervisors of Chesterfield County, Virginia, to vacate its right to establish an alley across a certain sixteen (16)·foot easement along natural water course in the subdivision of Salisbury, Section H-2, a plat of which made by J. K. Timmons & Associates, Civil Engineers and Surveyors, dated May 31, 1971, is recorded in Plat Book 16, Page 33, in the Clerk's Office of the Circuit Court of Chesterfield County, virginia, said· easement being more particularly shown on a plat made by the J. K. Timmons & Associates, Civil Engineers and Surveyors, dated 3/20/72, a copy of which is attached hereto and made apart hereof, and notice of the adoption of such 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 rights of the County of Chesterfield to establish an alley across the sixteen (16) foot~ssement along natural wa%er course describ. 'above, as shown on the plat of Salisbury, Section H-2, aforesaid, and further shown on the plat of J. K. Timmons & Associates, aforesaid, be and it hereby · ia vacated. Said easement shall, however, remain dedicated to the County of Chesterfield as an easement for surface and underground drainage and underground and overhead utilities. This ordinance shall be in full force and effect in accordance with Section 15.1-482 of the Code of Virginia, 1960, 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, indexed in the name of the County of Chesterfield as Grantor and Stanley H. Rayner, Jr. and Carole M. R~yner as Grentees. 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 this Board approves the request of the Phillip Morris Company for a permit for a Railroad crossing on ~.oute 697, between Routes 827 and 920, provided the necessary s~gnals and barriers be provided. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Kr~ela, it is resolved that the following water contracts be and they hereby approved: W73-54D Genito Es~ates-Markey Road $1,687.50 W73-62D Old Coach Hills ~Hackney Road 1,850.00 W73-59CD Lake Genito- Section "D" ~ 4,471.00 W73-57CD Greenbriar, Section "3" 28,048.32 W73-63D River Road Estates 17,958.75 W73-58CD Powhite Village, Section "A" 42,724.75 W73-61DU Sheffield Place (Davis Road) 700.00 W73-49D Hyde Park, Phase II 16,213.00 Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. O'Neill, it is resolved that sewer contract S73-51D for the installation of sewers in Berwick Village, Phase IV, in th~ amount of $22,116.35 be and it hereby is approved. Ayes: Mr. HOmer, Mr. Myers, Mr. Krepela and mr. O'Neill. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that Contrac~ S72-42CD for furnishing service in·the area of the Ling King R~staurant be awarded to the 3-M Company. On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that the project of paving the ditch in question be approved. Ayes: Mr. Horner, Mr. Myers, Mr. Krep~la and Mr, O'Neill. There was read a letter from Mr. E. L. Covington, Resident Engineer, Virginia Department of Highways, th~nking the Board for supporting the trash pickup along the numerous highways during the summer. The following roads have been officially taken into the State Secondary System: Clover Hill Farms Subdivision, Section Trails End Road - Beginning at its intersection with Singer Road, northerly 0.10 to intersection with Deerpark Drive, thence northerly 0.11 mile to a cul-de-sac 0.21 Mi. Deerpark Drive = Beginning at its intersection with Trails End Road0.06 mileWeStwardlYwesT 0.11 mile to its intersection with Deerpark Court thence0.~7 mile Deerpark Court - Beginning at its intersection with Deerpark Drive northwardly 0.11 mile to a cul-de-sac 0.11 mile 0.07 mil~ Morley Road - Beginning at a point 0.04 mile south of i'ts intersection with Deerpark Drive northerly 0.12 mile north of Deerpark Drive to a cul-de-sac. Gumfork Road - From its intersection with Deerpark Drive northerly 0.14 mile to its intersection with Gumfork Place, 0.14 mile Poly Place - From its intersection with Deerpark Drive northerly 0.06 mile to a cul-de-sac Gumfork Place - Beginning at its intersection with Gumfork Road westerly 0.05 mile to a cul-de-sac, thence 0.05 mil~ east of itl intersection with Gumfork Road tO a cul-de-sac 0.06 mile 0.10 mile On motion of Mr. Horner, seconded by Mr, Myers, it is resolved that the Virginia Department of Highways be requested to take into the State Secondary System, roads in Brookfield Subdivision, Sections B, C and D. This day the County Road Engineer, in accordance with directions from this Board, made report in writing upon his examination of ~astwood Drive, Shannon Road, Hartford Lane, Hartford Court and Chadwell Drive in Brookfield sections B0 C and D in Clover Hill Magisterial District. Upon Consideration whereof, and on motion of Mr. Horner, it is resolved that Eastwood Drive,, Shannon Road, Hartford Lane, Hartford Court and Chadwell Drive in Brookfietd Sections B, C and D in Clover Hill Magisterial District be and they hereby are established as public roads. ' And be it further 'resolved, that the Virginia Department of Highways, be and it hereby is requested to take into the secondary System Eastwood Drive beginning at its intersection with State Route 2661, Southerly 0.07 mile to its intersection with Shannon Road thence southerly 0.07 mile to its inter- section with Hartford Lane; Shanno~ Road beginning ~ its intersection with Eastwood Drive easterly 0.10 to State Maintenance; Hartford Lane beginning at its intersection with ~tate Route 2661 southerly 0.07 mile to its i'nter- section with Hartford Court, thence southeasterly 0~13 mile to its intersection with Eastwood Drive, thence easterly 0.11 mi~e to a cul-de-sac; Hartford Court beginning at its intersection with Hartford Lane 0.10 mile westerly to a cul-de-sac; Chadwell Drive beginning at a point 0.03 mile east of its intersection with Sutherland Road easterly 0,10 mile to a cul-de-sac. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50 foot right-of-way for each of these roads. Section B recorded in Deed Book 813 page 106, dated October 6, 1965: roads in section c recorded in Deed Book 74~, page 335, dated April 17, 1964 and Section D are recorded in Deed Book 1011, page 71, dated April 30, 197t. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, Seconded by Mr. O'Neill, it is resolved that due to the problems experienced by the road recently constructed by the Truck Enterprises, northwardly from Willis Road, that everything possible be done to get this road taken into the State Highway System for maintenance. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. Clover Hill Farms Subdivision~ ,S.ection "B" Morley Road = Beginning at its intersection with Singer Road (Rt, 1292) northwardly 0.07 mile to a cul-de-sac Clover Hill Farms Subdivision, Section "F" Deerpark Drive a Beginning at a point 0.08 mile east of its inter- section~ith Morley Road to Morley Road; thence westerly 0.10 mile to its · intersection with Gumfork Road, thence wes=erly 0.14 mile to its intersec- tion with Poly Place thence 0.05 mile to a cul-de-sac 0.37 milei, There was considerable discussion concerning the acceptance of Roberts/or Robertson Road, leading westwardly from the Courthouse Road and there seems to have been some misunderstanding as to the intentions of the Highway Department in recommending acceptance of this road. It was generally agreed that 'Mr. Covington would check further as to the compliance of this road as a Rural Road. Mr. Michael Ritz, presented Mr. Robert Blackmore, Director of Commission of Outdoor Recreation, who makes a short presentation speech and gives the County a check for $281,250.00 to'reimburse the County for the State and Federal share in the purchase of land for the Rockwood Park. On motion of Mr. Apperson, seconded by Mr, Myers, it is resolved that the sum of $5,600.00 be appropriated from the unappropriated surplus to the Recreational Program for the installation of fencing at the Courthouse Recreation Park and to improve the lighting system at the ball diamonds. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela ~nd Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the possibility of constructing additional ball diamonds at the Courthouse be investigated with Carl Wise, Recreation Director. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that a Varience be granted to Mr. N. A. Robinson for construction of a dwelling on Parcel 49 of Tax Map 158, fronting on Route 602. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that a Variance be granted to Mr. James H. Moore, Jr. for the construction of a dwelling on a Parcel of land at 9626 Midlothia~ Turnpike, provided the mobile home be removed from the property upon occupancy of the new dwelling. Ayes: Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that a game claim of Mr. Stanley L. Andrews for 40 chickens be reduced to $96.00 and that same be paid. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, and Mr. Krepela. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that ~ time for the completion of the Juvenile Detention Home be extended seventy- one (71) days due to extenuating circumstances encountered in the construction of this building. Ayes: Mr. Horner, Mr.Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Morner, seconded by Mr. Apperson, it is resolved that the following erroneous tax claims be and they hereby are approved for payment: Harry J. Bolton Second half of 1973 $37.51 Midlothian Pike Lease Plan, Inc. Per. PrOperty Tax 73.10 Elmwood Branch Minneapolis, Minn. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson and Mr. Krepela. The County Administrator gives a brief report on the progress of the construction of the Vocational School. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the contract of the Vaughan Assoc.,Ltd., for a concession stand in the Rockwood Park be and it hereby is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. S73-46 O--~ion of Mr. Horner, seconded by Mr. Myers, it is resolved that this Board accepts the withdrawal of zoning request S73-46, the same being the request of the Southland Corporation for a Convenience store on Pocoshock Boulevard. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. ~ion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the request of the Mason Property Associates for R-2 and R-7 Zoning in Dale District b deferred to October 10, 1973. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-110 ~on of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board accepts the withdrawal of the application of Mr. Coy J. Eaves for B-1 zoning-~on Hopkins Road, near the Meadowbrook Boulevard. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-92 Mr. Paul Sha~pe, representing Realty Industries, Inc. comes before the Board requesting the rezoning from Residential (R-l) to Residential (R-2) of a parcel of land of irregular shape, containing 37.3 acres, fronting approx- imately 500 feet on South Courthouse Road (Route 653) and being bounded on the east by Forest Acres Subdivision and on the west by Lake Crystal Farms Subdivision in Clover Hill Magisterial District. Refer to Tax Map Sec. 27-14 (1) parcel 7, ('Sheet 8). Mr. Sharpe states that the lots on Courthouse Road will be R-1 that the houses in this subdivision will equal the houses in the Meadow~urn Subdivision. Mr. Robert Burke and Mr. J. L. Condrey, Jr., object to R-2 zoning saying that there will be too many houses in the area. After due consideration of this matter, it is on motion of Mr Homer seconded by Mr. O"Neitl, resolved that the aforedescribed parcel of llnd be and it hereby is rezoned for R-2 p~rposes except that portion fronting O'n Courthouse Road which is zoned for R-'i purposes. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Marshall Tuck, Attorney, representing Mr. Raymond L. Berry et al comes before the Board again requesting the rezoning from Agricultural (A)'to Community Business (B-2) of a parcel of land of irregular shape, containing 1.87 acres, fronting approximately 300 feet on the north line of Midlothian Turnpike (Route 60), extending northwardly to a depth of approximately 400 feet, and being located approximately 800 feet west of the intersection of Midlothian Turnpike and Robious Road (Rt. 675) in Midlothian Magisterial District. CRefer to Tax Map Sec. 17-7 (1) parcel 21 (Sheet 8). Mr. Tuck states that he is sympathetic with the people in the area but the traffic going out Robious Road to Route 60 and turning right to the stores to be placed on this parcel of land will cause more problems than a connecting road between Robious Road and Route 60 or a rear entrance. Mrs. Everett Poole, Mrs. Rosa Brown and Mrs. Talley all oppose citing the problems of commercialization of Robious Road in this residential area. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the aforedescribed parcel of land be and it hereby is zoned for B-2 purposes with the stipulation that there be a 50-ft. buffer along Robious Road allowing no access across said buffer from Robious Road and that a fence be constructed across the parcel within the buffer area. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-103 ~ Garland Dodd, representing Kents Enterprises, comes before the Board requesting the rezoning from Agricultural (A) to Mobile Home Park (MH-1) several parcels of land of rectangular shape, containing 4 acres, fronting approximately 700 ft. on Spring Street (unimproved), also fronting approxi- mately 200 ft. on Sunset Avenue (unimproved), and being located in the northwest quadrant of the intersection of the aforementioned unimproved roads in Bermuda Magisterial District. Refer to Tax,-Map Sec. 116-10 (3) Block C, lots 1 thru 28, Cool Spring. (Sheet 32). Mr. Dodd states that he disagrees with the 50-ft. setback in a Mobile Home Park but will conform to it, since this is written in the Ordinance. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the aforedesc~ibed parcel of land be and it hereby is rezoned to a Mobile Home Park (MH-1). Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill;' Mr. Edward Gee asked certain questions but does not oppose the zoning. 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-3 with the provision that a 25-ft. buffer be provided along Egee and Perl0ck Roads frontages and a 50-ft. buffer be provided along Quail Oaks Avenue frontage with permission for a 50-ft. driveway across the buffer zones. Ayes: Mr. Horner, Mr. Myers, Mr. APPerson and Mr. O'Neill. 73S086 Mr. Charles Bedd0w, Attorney, representing Mr. George V. Harvey, comes before the Board requesting the rezoning from Residential (R~2) and Community Business (B-2) to General Business (B-3) of a parcel of land of irregular shape, containing 19,861 acres, fronting approximately 1,600 ft. on Riverside Drive, bounded on the east by 1-95 and being located in the northwest quadrant of 1-95 and Riverside Road in Bermuda Magisterial District. Refer to Tax Map Sec/ 82-9 (t) par. 1 (Sheet 23). And the drainage program of the area was briefly discussed. There being no opposition to this. request and the Planning Commission having recommended approval, it is on motion of Mr. Myers, seconded byMr. O'Neill, resolved that the aforedescribed parcel of land be and it hereby is rezoned to General BUsiness, B-3, with the stipulation that Mr. Harvey will pay his Share of the drainage program in the area. Iris here noted that the applicant agrees to this request. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, }~. Krepela and Mr. O'Neill. 73S-091 Mr. Harold B- Fulcher comes before'the' Board requesting the rezoning from Agricultural (A) to Residential (R-l) of a parcel of land of irregular shape. containing 26 acres fronting approximately 1,300 feet on Enon Church Road (Rt.619), extending'northwardly to a'depth of approximately 1,200 ft. and being located approXimately 1,000 ft southwest of the intersection of Enon Church Road and Ramblewood Drive (Rt. 617) in Bermuda Magisterial District. Refer to Tax Map Sec. 134-16 (3) Lot 18D, Cameron Farms (Sheet 42). There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. Myers, seconded by Mr. Apperson, resolved that the aforedescribed parcel be and it hereby is rezoned to Residential (R-l). Ayes: Mr. Ho'rner, Mr. Myers, Mr. APperson, Mr. Krepela and Mr. O'Neill. 73S-095 Mr. Paul Byrne, Attorney, representing the Diversified Development, Inc., comes before the Board requesting the rezoning from Agricultural (A) to Residential (Rh2), of ll0-acres, and to Townhouses for Sale (R-7), 40 acres, several parcels of land of irregular shape, fronting approximately one-half mile on the southeast line of Salem Church Road (Rt. 642), extending south- eastwardly to a depth of approximately 3,000 ft., and being located approx- imately one-half mile northeast of the intersection of Salem Church Road and Centralia Road (Rt. 145) in Dale Magisterial District. Refer to Taxx Map Sec. 96-2 (1) parcel 8, 96-3 (1) parcel 1 and 96-7 (1) Parcel 5 (Sheet 31). Mr. Byrne states that his clients wish 40-acres zoned to R-7-Townhouses and that the single family areas completely surround the Townhouse area which will minimize any detrimental effect of the TownhOuse development, that the entire project would cost approximately $20,000,000, that the Townhouses would sell from $25,000 to $35,000 and single family dwellings would sell from $30,000 to $40,000 and that the economic impact study shows that the County wo~'Id gain about $20,000 per year over expenses. Mrs. William Coogler and Mrs. Janice Admms speak of the overcrowding of schools and the potential hazards on the narrow roads and that a multitude of people will create social problems. Mr. Apperson states that this is a difficult time for this case to be considered, traffic will be a probl.em, sewer services are limited and it may take several years to improve and suggests that Mr. Byrne asks for a delay in these proceedings ~ Whereupon, Mr. Byrne asked for a 30-day deferral, stating'that to further would be against his contractual obligations. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this matter be deferred to October 10, 1973. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and-Mr. O'Neill. 73S-098 Mr. Fred Gray, representing the Southeastern Associates, Inc., comes before the Board requesting the rezoning from Agricultural (A) to community Business (B-2), two parcels of land of irregular shape, containing 37.14 acres fronting approximately 279 feet on the north line Of the Midlothian Turnpike (At. 60), extending northwardly to a depth of approximately 1,800 feet, and being loca'ted approximately 1,~00 feet east of the intersection of Midlothian Turnpike and Huguenot Road (Rt. 147), in Midlothian Magisterial District. Refer to Tax Map Sec. 16-12 (1) Parcel 16 and.pt, of parcel 21 (Sheet 7). ..... ~ ............... F~p=zuy mn question will facilitate the present shopping center being constructed at this location, that it will be an enclosed ~mall shopping Center and that west of the eastern line of proposed Route 147 should b.e omitted from the zoning request. There appearing no one opposing this request and the Planning Commission having recommended approval, it is on motion of Mr. Krepela, seconded by Mr. Myers, resolved that the afore_ described parcel of land be and it hereby is rezoned to Community Business (B-2), with the exception of that portion of land lying west of the eastern line of the Proposed Route 147. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Charles Beddow, AttorneY, representing Mr. Gordon S. Perkins, comes before the Board requesting the rezoning from Community Business (B-2) to General Business (B-3) of a parcel of land of rectangular shape, containing .5 acre, frOnting approximately 200 ft. on the east line of Jefferson Davis Highway (Route 1/301) extending eastwardly to a depth of approximately !50 ft. and being located approximately 1t0 ft. south of the intersection of Jefferson Davis Highway and Elliham Avenue in Bermuda Magisterial District. Refer to Tax Map Sec. 67-7 (2) Block D, lots 1 and 2A (Sheet 23). Mr. Beddow states that Mr. Perkins agrees to construct a de-acceleration lane, Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. Apperson iA is resolved that the aforedescribed parcel of land be and it hereby is rezoned to General Business B-3 with the provision that a de-acceleration lena be constructed, that t~e parking lot be hard surfaced and that the site plans be approved by the Planning Staff. Ayes: M~. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-108 · · Mr.. Sonny Snead, representing Mr. J. J. Jewett, comes before the Board requestingi the rezoning from Residential-Agricultural (R-A} to Residential (R-l) of a parcel of land of irregular shape, containing 24 acres, fronting approximately 800 ft..on Robious Road (Rt. 711), extending southwestwardly to a depth of approximately 1,200 feet, and being located at the intersection of Robious Road and Old Gun Road (Rt. 673) in Midlothian Magisterial District, Refer to Tax Map Sec. 8-11 (1) parcel 3 (Sheet 2). Mr. Snead states that the property in question will have the same restrictive covenants that Briarwood Subdivision has, that the ~ubdivision will have curbs and gutters, storm sewers where necessary and will cater to houses in the $50,000 range. Upon consideration whereof, and on motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the aforedescribed parcel of land 'be and it hereby is rezoned to Residential (R-i), Subject to the recordation of the restrictive covenants submitted. Ayes: ~. Hornet, Mr. Myers, Mr. Apperson~ Mr. Krepela and Mr. O'Neill. 73S-109 In Clover Hill Magisterial District, Julia L. Bishop requests the resoning from Agricultural (A) to Residential (R-l) of a parcel of land of irregular shape, containing 50.075 acres, fronting approximately 1128.70 ft. on Qualla Road (Rt. 653), extending northwestwardly to a depth of approximately 1730.78 ft. and being located approximately one-half mile north of the intersection of Qualla Road and Beach Road (Rt. 655) Refer to Taxi,ap Sec. 110 (!) parcel 30-1 (Sheet 29). ' There appearing no one either for or against the request, due to the circum- stances surrounding the application, it is on motion of Mr. Homer, seconded by Mr. Myers, resolved that the aforedesCribed parcel of land be and it hereby is rezoned to Residential_(B_l). Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela aIld Mr. O'Neill. 73S-111 ~hard Cox =omes before the Board requesting the rezoning from Agricultural (A) to Community Business (B~2) of a parcel of land of'irregular containing 1 acre, fronting ~pproximately 170 ft. on Turner Road shape, (Rt. 650), extending eastwardly to a depth of approximately 220 ft. and being located approximately 950 ft. south of the intersection of Turner ROad and Hull Street Road (Rt. 360) in Clover Hill Magisterial District. Refer to Tax Map Sec. 40-2 (1) parcel 14 (Sheet 15). There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr~ Hornet, seconded by Mr. Apperson, resolved that the aforedescribed parcel Of land be and it hereby is rezoned to Community Business (B-2). Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'neill. 735-113 Mr. Jay Kaufman~ representing K & K Associates, requests the rezoning from Agricultural (A) and General Business (B-3) to Light Industrial (M-l) of a parcel of land of irregular shape, containing 10.92 acres, fronting approx- imately 150 feet on Jefferson Davis Highway (Rt. 1/301) extending westwardly to a depth of approximately 800 feet and being located approximately 600 feet north of the intersection of Jefferson Davis Highway and Chippenham Parkway in Dale Magisterial District. Refer to Tax Map Sec. 53-7 (1) parcel 9-1 (Sheet 16). There appearing no one in opposition to this request it is on motion of Mr. Apperson, seconded by Mr. O'Neill, resolved that the afore- described parcel of land be and it hereby is rezoned to Light Industrial (M-l), with the understanding that no rezoning be guaranteed on the the proposed right-of-way for Chippenham Parkway and the interchange to be constructed at Route Hi. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-114 Mr. Herbert F. Sweet, Jr. comes before the Board requesting the rezoning from Agricultural (A), Community Business (B-2) ~nd Light Industrial (M-l) to General Industrial (M-2) of a parcel of land of irregular shape, containing 4.551 acres, fronting approximately 800 ft. on Old Route 10, also fronting approximately 500 ft. on Ramblewood Drive (Rt. 617) and being located in the southeast quadrant of the intersection of the aforementioned roads ~n Bermuda Magisterial District. Refer to Tax Map Sec. 117-9 (1) parcel 1-1 (Sheet 33). ' There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion Of Mr. Myers, seconded by Mr. Apperson, resolved that the aforedescribed parcel of land be and it hereby is rezoned to General Industrial (M-2). Ayes: Mr. Horner, Mr. Myers, Mr. Apperson add Mr. O'Neill. 73S-116 Mr. Joseph Carter, representing the Phillip Morris, Inc., comes before the Board requesting the rezoning from Agricultural (A) to Heavy Industrial (M-3) several parcels of land of irrggular shape, containing 460 acres, fronting approximately 3,600 ft. on Allied Chemical Road (Rt. 827) and being located approximately 1,530 ft. east of the intersection of Allied Chemical Road and Bermuda Hundred Road (Rt. 697) in Bermuda Magisterial District. Refer to Tax Map Sec. 119-12 (1) par. 4, 119 (1) par. 16-3, (1) par. 2, 3 & 4, t20A (1) par. 10 (Sheets 34 and 44). Mr. Carter presented Mr. Joe Gould, who will be the General Manager of the new Plant. Mr. ~arter states that his Company agrees to leaving out of the request for zoning those areas suggested by Mr. Gray and others, that the Phillip Morris Company proposes tO build a 20r000,000 plant and will employ 175 people and that his Company will spend approximately $13,000,000 to clean up the environment. Dr. Ronald Parker, a resident of Olde Coach Village, a teacher of Biology, states his concern for the wildlife in Presque Isle and states that this is some of the best agricultural land in the state and we should guard against allowing the historical artifacts and wildlife being destroyed. Mr. Angus Murdock, President of the Virginia Association of the Preservation of Antiquities, expresses a hope that the Phillip Morris Plant will not destroy any artifacts before documentation. Mr. Edward Chappell, of the Virginia Historical Landmark Commission, states that~a small grant be given to investigate this site. Mrs. Benjamin Alsop, who lives at Upper Shirley, across the James River, cites some of the hi~tory of Bermuda Hundred and pled with the Board to consider the unusual historical values of the area and requested the Board to put two stipulations on the zoning: 1. To advise the archaeologist before disturbing the ground. 2. To stop if a~yt~i~g unusual is found. Mr. Carter states that he cannot commit the Phillip Morris Company to these restrictions: however, he is certain his Company will do everything possible to cooperate with those who are concerned. Mrs. Langley states that she lived at Bermuda Hundred as a girl and has recently returned, that her great grandfather lived in this location and that she was distressed to see the construction of the Allied Chemical Company and the construction of the Phillip Morris plant would further industrialization of the area. Mr. Ben Alsop states that the full impact of this zoning has not been felt that the historical impac~ on Bermuda and the impact on the wildlife demanded that this matter be delayed to seek assurances on the preservation of both. Mr. Carter states that ~e land was priced as p~ime industrial land, that there is an urgent time schedule, and that his Company will cooperate to the fullest but requested that no burdensome restrictive controls be placed on the zoning. Fred Mr./Gray states that he believes that what the Philtip Morris Plant plans to leave unzoned covers a sufficient area of the ~ Bermuda Hundre~ Village. Mr. Krepela states that he is impressed with the need for preservation and asked that the Phillip Morris officials talk with various groups as to the conditions of the zoning. !I Mr. Myers states that a lot of work has been done on this proposal, that the Board should not hold up now and he is confident that the Phillip Morris Company will Cooperate with those cOncerned and he would not vote to require this cooperation. Mr. O'Neill states that he is confident that the Phillip Morris Plan% will take the necessary actions to conserve any historical values. Mr. Apperson states that he too is concerned about the historical values, that we are merely rezoning this land back to where it previously was. On motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the afore- described parcel of land be and it hereby is rezoned to Heavy Industrial (M-3) with the stipulation, that the portion of land be deleted from the zoning request south of the Bermuda Hundred Road and also an area 600' north of the Bermuda Hundred Road from the James River westwardly to whre Bermuda Hundred Road turns to the south. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-106 On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that this Board accepts the withdrawal of the application of Wesley Cunningham for zoning at the intersection of Route 288 and Route 145. Ayes:. Mr. Horner, Mr. Myers, Mr. Apperson. Mr. Krepela and Mr. O'Neill. Mr. Stan Balderson states thRt he comes before the Board requesting the approval of the concept of a bike-way plan to be studied by the Planners in the area. On motion of Mr. Apperson seconded by Mr. Myers, it is resolved that the study be generally approved with the request that the Board be kept advised as to the developments of the study. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepeta and Mr. O'Neill. Mr. Irvin Horner states that the next order of business concerns land that he owns and absents himself from the Board. Mr. Leonard Paris and Mr. Calvin Ray for the Warren Brothers Company, presents an operational plan concerning the development of s quarry on the land belonging to Mr. Irvin Horner and his sister. Mr. Paris states that the opposition to this zoning have generally agreed to the provisions of this plan with the exception that it did not include a warning signal before-a blast was to be made, and agreed that the following wording should become a part of the plan, "That the Company willlgive a warning signal one-half hour before a blast occurs, by some suitabl, e means" and both agree that this be done until it is agreed by both parties that a signal is not necessary. Mr. John Dodson, representing the opposition, states that they are mainly 'interested in safety, a construction of an 8 ft. cyclone fence and a dust collecto system. Mr. Paris states that they will put in a dust collector system as agreed. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that the plan and the changes thereto of the operation as recorded with the minutes of t~is Board, be and they hereby are approved. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the fotlow4 lng C~anges to the Probation Department,S budget be and they hereby are approved: Decrease 11-054-102.0 Comp. Chief Pro. Officer $12,624.00 11-054-104.0 Comp. Prob. Officer 26,352.00 11-054-104.1 Intake Officer 8,760.00 11~054-104.2 Court Psychologist 13,584.00 11-054-i09.0 Clerical Assts. 10,224.00 11-054-220.0 Travel 250.00 11-054-239.0 Confinement of Juveniles 900.00 11-054-319.1 Supplies Grant 300.00 11-054-403.2 Equipment Grant 200.00 11-054-405.1 Replacement Office Equipment 150.00 Increase 11-054-211.0 Auto Insurance 311.00~ 11-054-215.0 Repairs & Maint. 300.00 11-054-312.0, Vehicle Operation 1,000.00 11-054-403.1 Repl. Off. Furn. & Fix. 300.00 11-054-319.0 Office Supplies 200.00 Decrease revenue account 11-000-620.7 by $33,497.00 Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the follow- ing accounts in the Juvenile Detention Home budget be increased~ 11-064-325.0 Clothing $3,000.00 11-064-403.0 Furn. & Fixtures 1,800.00 11-064-405.0 Office Equipment 500.00 11-064-499.0 Misc. Equipment 730.00 Increase revenue account 11-000-630.0 Shared Expenses Juvenile Detention Hgme by $6,030.00. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepe!a and Mr. O'Neill. On motion oS Mr. Apperson, seconded by Mr. Myers, it is resolved that the sum of $53,000 be appropriated from the unappropriated surplu~ of the General Fund to the School Operating Fund 41-411-230 Legal Fees to pay for legal expenses in the School Consolidation su~t. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. Q'Neili. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the County Treasurer, Mr. George W. Moore, Jr., be authorized to make transfers from the General Fund of the.County as needed but not to exceed the amount in the Plannem budget for the fiscal year 1973-74 to the following funds: 13-County'Library Fund 15-Road Improvement Fund 16-County Airport Fund 21-Virginia Public Assistance Fund 41-School Operating Fund And be it further resolved, that the Treasurer be, and he hereby is authorized to make transfers of funds from the Sewer Revenue Fund to the Sewer Operating Fund and Sewer Debt Fund of the County, as needed, but not to exceed the amount of the Planned Budget and approved additions thereto of the fiscal year 1973-74. Ayes: Mr% Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. on motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the sum of S477,450.00 be appropriated from the unappropriated surplus of the Sewer Revenue Fund to the Sewer Debt Fund 72-320-803.4. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the sum of $65,000.00 be transferred from the Sewer Revenue Fund to the Sewer, Improve- ment, Replacement and Extension Fund ~3-330-750. Ayes: Mr. Horner, Mr, Myers, Mr. Apperson, Mr. Krepela and Mr. ~'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it Ks resolved that the Michie Company be authorized to re-codify certain of the County's Ordinances in Volume 1 of thecode at a price of approximately $4,375.00. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Nsill. On motion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that the County's Supplemental Retirement Plan be awarded to the Southwestern, Inc. who submitted the bid of $53,897.48 and that the sum of $5,000.00 be appropriated from the unappropriated surplus of the General Fund to 11-189-295.0. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that the follow- ing two (2) street lights recommended by Mr. Pope be and they hereby are approved for installation: Intersection of McRae St. and Rattlesnake Road-VEPCO pole MH-49. In front of 2414 Pulliam Road. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that due to the emergency attendant to the various projects that the following mamed people be offered the stated amounts for easements and if said offers are not accepted that condemnation proceedings be instituted: Midlothiah'District A. Paul Garrity, Project S72-54CD/10 $50.00 ~lfred Strash, Project S72-54CD/S G3eo. D. Bran'tley, Jr., Project S72-54CD/6 Lee Alan Bess, Project S72-54CD/7 Matoaca District William M. Venable, Project 7032-4/21 Mary Edna Walmsley, Project 7032-4/22 Albert K. Wynne, Project 7032-4/23 John Arrigo, Project 7032-4/24 Thomas K. Moore, Jr., Project 7032-4/25 $50.00 25.00 50.00 $1,500,00 55O,00 300.00 75.00 250.00 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. 5~yers, it is resolved that the Agreement~i between J. K. Timmons and the Consolidated Sales Company, the State Highway Department and the County Of Chesterfield to construct certain drainage systems to drain the business property at the intersection of Route 147 and Robious Road, be and it hereby is approved, subject to the receipt of a letter from J. K. TimmOnSeasementsStating. that he will pay his share of the cost of obtaining the necessary Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that Route 727 be and it hereby is named Alverster Drive. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr, Krepela and Mr. O'Neill. On motioh of Mr. O'Neill ing Department be authorized to keep the Xerox machine for one (1) more month. Ayes: Mr. Horner, Mr. Myers, Mr, Apperson, Mr. Krepela and Mr. O'Neill. seconded by ~r. Myers, it is resolved that the Engineer- On motion of Mr. Krepela, ~econded by Mr. Apperson, it is resolved that the salary of Emil S. Young, who is not working on account of a heart attack,be continued to October 10, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner seconded by Mr. O'Neill, it is resolved that the engineering work for th~ installation of sewers in the Lake C~ystal Farms area be given to Bremner, Youngblood and Sharp. for completion as soon as possible. Ayes: Mr, Horner, Mr. Myers, Mr. Apperson, ~r. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that five (5) additional sewer connections be given to the Subdivision of Trojan Woods in Matoaca. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the Common- wealth's Attorney be and he hereby is requested to prepare a land-use tax ordinanc~ for consideration by the Board. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela an6 Mr. O'Neill. It was generally agreed that the Commonwealth.s Attorney would redraft an Ordinance concerning abandoned vehicles. On motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that this Board adjourn at 9:~S P.M. to 1:00 P.M. on September 26, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. M~/W. Burnertt, Secretary