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12-12-1973 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on December 12, 1973 at 9:00 A.M. Present: Also Present: Mr. Irvin G. Horner, Chairman Mr. Leo Myers, Vice-Chairman Mr. J. Ruffin Apperson Mr. A. J. Krepela Mr. E. Merlin O'Neill Mr. Morris Mason, Asst. Comm. Atty. Mr, Robert A. Painter, Co. Eng. Mr. David Welchons, Asst. Co. Eng. Mr. William Prosise, Asst. Co. Eng. ~. Start Batderson, Planner Mr. M. ~. Burnett, Co. Admin, Mr. Myers Gives the invocation. On motion of Mr, Apperson, seconded by Mr. Myers, it is resolved that the minutes of November 28, 1973, be and they hereby are approved. The Board of Supervisors this day approved al/ claims presented to the County for the month of November,'1973, and authorized the Treasury of the County to issde warrants as follows: Gemeral Count~ Fund Check No. 66188 - 67719 Revenue Sharing Check No. 67188, 67636 ~ibrary Fund Check No. 67011 - 6~631 Law Library Check No. 67561 3~ Road Fund Check No. 67189~ 67190 Airport Fund Check No. 66910 - 67975 Garaqe Fund Check No. 66910 - 67670 County Storeroom Check No. 66909 - 67672 $517,779.00 329.00 t4~135o40 40°00 1~278.61 10~957.63 12~996.38 ls751.01 Workmen~s Compensation Check No. 67241 204.00 Social Services Check No, 66503-66595~ 67197 - 67236~ 67724-67855~ - 67724 - 67855~ 66896~ 67512 - 67578 ~ursin~ ~ome Check No, 66991-67594 Nursing Home Construction Check No. 67262 - 67511 25,830~39 27,507.96 Sales Tax Check No. 67183 $6.72 Thomas Fo Jef~ress Fund Check No. 67182 Payroll Deduction ' Check No. 671847 ~7185, -67186, 67242, 67243 and 67245 Water Revenue Check NO. 9370 - 9375 Waner Debt Fund Check NO. 9260 - 9363 Wate~ Improvement; Replacement & Extension Check No. 9211 - 9358 Water Meter Deposit Check No. 92'48 - 9385 Water Meter Int. Fund Check No. 9218 - 9350 Utility Central Stores Check No& 9197 - 9367 Ettrick Sanitary District Ch~ck No. 9~U£--93Z9 Sewer Revenue Check No. 9373~ 8~74, 9375 Sewer Operatin9 Check No. 9~19 - 9365 Sewer Debt Check No. 9328 Sewer I~provement? Replacement & Extension Check No~ 9~Q~ - 9364 Sewer Bond Constr~ction Check No. 9238 - 9314 Sales Tax Check No~ 9260 Work~en's Compensation Check No. 9236~ 9346 $984.53 37~872o82 26.90 43~488o5B 36,098..37 525.00 69,351.62 13~680~46 835.34 14.99 19~224.73 143,750.00 347,321..69 17~919~92 10.98 a3.50 On motion of Mr. Horner, seconded by Mr. Myers, it is resolved that Contract W73-84CD for the installation of water lines in Newberry Towne, Section III, Phase III, in the amount of $6,226.00 be, and it hereby is approved. Ayes: Mro Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the resolution passed by the Board of Supervisors on November 14, 1973 concerning the installation of water lines to Cole's Service Station on Dupuy Road, be and it hereby is reminded.. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the- County pay one-half of the offsite improvements scheduled for Muguenot Village Apartment Complex~ since this is not the primary water source for this project. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Horner, seconded by Mr. Myers, it ls resolved that sewer contract S73-67D on Adkins Road be awarded to Stamie E. Lyttle Company. Inc. ~n theamount of $1,897.00. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that agreements on the following projects be approved and the Chairman and County Administrator are authorized to sign said agreements: (a) Project 0647-020-105, c-501 (b~, Project 0711-020-140, c-503 (c) Project 0711-020-140, c-501 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr, O'Neill. There was a discussion on the necessity of acquiring a drainage easement and a sewer easement to serve the Old Coach Village Subdivision and it was pointed out that this is the only way in which this property could be properly drained and ~ewered; however, it the County were to condemn the land, bitter, opposition could be expected. Whereupnn, Mr. Apperson makes the following motion: Be it resolved, that this Board authorizes the .condemnation for sewer and drainage easements for the Old Coach Village Subdivi~mn as recommended by the County Engineer. A vote being taken - Ayes: Mr. Apperson and Mr. Morner. Nays: Mr. O'Neill, Mr. Myers and Mr. Krepela. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that this Board approves the agreements with the Highway Department concerning the off- site drainage easements to serve Surreywood, Section E, Otterdale, Section C, Salisbury, Section M-3 and Black Heath Subdivision. Mr. Apperson abstains from voting. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board requests the Highway Department to install signs on State Higkways in the County of Chesterfield to show the general direction and location of the County Airport. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Kre~ela and Mr. O'Neill. Mr. O'Neill discusses with Mr. E. L. Covington, Resident Engineer, Virginia Department of Highways, the Railroad crossing on Dupuy Road, parking signs on Main Street in Ettrick, widening of Route 36 to provide t%lrning lanes, the improvement of Chesterfield Avenue and the drainage of Woodpecker Road. Upon consideration of the problems involved at the intersection of Dup~y Road and the SCL RR., it is on motion of Mr. O'Neill, seconded by Mr. Apperson, resolved that this Board officially request the SCL RR. to proceed as soon as possible with improvements to the Railroad crossing at Dupuy, particularly with the signal lights and crossarms. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'neill. On motion of Mr. Hornet, seconded by Mr. Krepela, it is resolved that the Highway Department be requested to eradicate the traffic hazard at the inter- section of Routes 70~ and 621 by cutting a blind knoll near this intersection. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Hornet, it is resolved that the Count~.pay for and install blinking school lights at Saint Edwards Catholic School on Route 147 and Gill School on Belmont Road. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr, Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that this Board requests the Highway Department to improve approximately 200 ft. extension on Ruthledge Avenue in the Orange Hill ~ubdivision at an approximate cost of $2,000.00, to be paid from the 3¢ Road Fund of the County. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 'On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the request for a 90-day extension on Contract 7032-4 due to extenuating circum- stances be and it hereby is approved. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Horner, it is resolved that this Board approves the request of the McDonald's Restaurant for a sewer connection on Route 1, just south of Route 10, provided the owner obtains an easement for said service.' 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 bid on Project D73-07C for the improvement of the drainage on Gardener's Branch be and it hereby is awarded to Lingerfelt and Carpenter Construction Corporation, who submitted the low bid of $17,450.00, Ayes: Mr.' Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the County obtain bids on drainage improvements in the Greenfield Subdivision, Sec. A. 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 fir~ of J. K. Timmons & Associates be employed to do a drainage study of the land around the Courthouse owned by the County for a sum not to exceed $3,000.00. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. The following Ordinance baying been advertised four times according to law, is presented for consideration and there appearing no one to speak for or against this ordinance, it is on motion of Mr. Apperson, seconded by Mr. O'Neill, resolved that said Ordinance be and it hereby is adopted: AN ORDINANCE to amend and reordain Chapter 5, Article ~II of the Code of the County of Chesterfield, Virginia, Section 5-103 providing for imposition of a license tax on savings and loan associations, Section 5-104, providing for imposition of a license tax on first mortgage loan lenders, Section 5-105, providing for imposition of a license tax~:upon other money lenders, and by adding thereto two new sections, Section 5-105.1, providing for imposition of a license tax on small loan companies and Section 5-105.2, providing for imposition of a license tax on other small lenders and purchasers of conditional sales contracts. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VA.: That Chapter 5, Article Xll, Sections 5-103, 5-104, 5-105, and two new sections, Sections 5-105.1 and 5-105.2 be amended and reordained to read as follows: ARTICLE XII - Loan Companies and Bankers. Section 5-103- Savings and Loan Associations Every savings and loan association having its principaloffice located in the County shall pay for the privile~an~annual 'license tax therefore of fifty dollars. Section 5-104. First Mortgage Loans Every person conducting or engaging in first mortgage money lending or first mortgage note purchasing occupation, business or trade shall pay for the privilege an annual license tax therefore equal to three hundred dollars and seventy-five hundredths of one per centum of the gross receipts of the business in excess-of thirty thousand dollar~ The term "gross receipts" as used in this section, shall be deemed to mean the gross interest, gross discount, gross commission or other gross receipts earned by means of, or resulting from, such financial transaction, but the term "gross receipts" shall not include amounts received as payment of principal. Section 5-105. Other Money Lenders Every person, except those engaged in first mortgage loans and first mortgage note purchasing, conducting or engaging in any of the following m~Rey lending or note purchasing occupations, businesses or trades, namely~ an industrial loan company, loan or mortgage company, insurance premium finance ~ompB~y, a .factor, a buyer of promissory notes, deed of trust notes or install- ment loan agreements, shall pay for the privilege an annual license tax therefore equal to five hundred dollars and one per centum of the gross receipts of the business in excess of thirty thousand dollars. The term "gross receipts" as used in this section, shall be deemed to mean the gross interest, gross discount, gross commission or other gross receipts earned by means of or resulting from such financial transactions, but the term "gross receipts" shall not i~clude amounts received as payment of principal. Section 5-105.1. Small Loan Companies Every person licensed under the Virginia Small Loan Law shall pay a license tax equal ~o five hundred dollars and one per centum of the gross receipts of the business in excess of forty-eight thousand dollars excluding repayments of principal. Section 5-105.2. Other small lenders and purchasers of conditional sales contract. Every person, other than a person licensed under the Virginia Small Loan Law, engaged in the business of lending money to 'others .for the purchase of motor vehicles, refrigerators, televisions, radios, oil or gas burners, electrical appliances, household furniture or equipment or any other goods or chattels, whether new or used, secured by a lien on such goods or chattels, paying the purchase price of any goods or chattels for the buyer and securin the sum so paid by a lien on the same or by the purchase from a dealer of conditional sales contracts or chattels, mortgages and the notes or other obligations, if any, Secured thereby or in any other manner or by any other method financing in whole or in part the purchase of such goods or chattels bY or for others: and every person, other than a person licensed under the Virginia Small Loan Law, engaged in the buslness of lending money to others securing by lien on such goods or 'chattels, whether for the purchase thereof or not, shall pay a license tax equal to three hundred dollars and seventy-five hundredths of one per centum of the gross receipts of the business in excess of thirty thousand dollars, excluding repayment of principal. Nothing herein shall require the payment of any license tax under this paragraph by any bank or trust company. 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 proposed residential and Utility amendments to the zoning ordinance originally advertised for consideration at this meeting be deferred to January 23, 1974. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that this Board grants a Variance to Barry Hopkins for the construction of a dwelling to the rear of 7623 Hickory Road upon the condition that the Health Department approves the well and septic tank; that Mr. Hopkins gets an acceptable easement for ingress and egress and that the County has no responsibility for constructing or maintaining this roadway. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. The County Administrator presents a statement showing that the County had received $29,996.00 from the State as the County's refund from the amount unspent in the budget of the Health Department for the year 1972-'73. Upon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that Dr. W. P. Wagner be commended for conservatism in the operation of the Health Department, Ayes: Mr. Horner, Mr. Myers, Mr. Appers~n, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the sum of $7,585.71 be appropriated to the 1973-'74 budget of the Commissioner of the Revenue for three (3) additional adding machines and four (4) part-time employees from January to June, provided the State will pay its share of said amount. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson seconded by Mr. Krepela, Be it Resolved, by the Board of Supervisors of C~esterfield County that the application of the James River Schools for permission to conduct Bingo Games and/or raffles, having been received by the Board and duly'considered, permission is hereby granted said applicant, the James River Schools, to c~nduct Bingo games and/or raffles subject to the conditions as set forth in said permit. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill, Be it Resolved, by the Board of Supervisors of Chesterfield County, that the application of the Meadowbrook Athletic Association for permission to conduct Bingo games and/or raffles, having been received by the Board and duly considered, permission is hereby granted said applicant, the Meadowbrook Athletic Association, to conduct Bingo games and/or raffles subject to the conditions as set forth in said permit. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Myers, it ~s resolved that the following erroneous tax claims be and they hereby are approved for payment: Pers. Prop. Taxes for 1973 $38.99 Pers. Prop. Taxes for 1973 62.48 57.12 30.60 Pers. Prop. taxes for 1973 Pers. Prop. taxes for 1973 Roy J. Laffoon 21505 Robertson Avenue Matoaca, Virginia Joyce M. Mezera 540 Grove Avenue Petersburg, Virginia Robert W. & Calvin W. Wilbourn 2838 Congress Road Richmond, Va. James A. Kain, Jr. 5208 Niles Road Richmond, Va. Charles J. Keck Error in transfer 562.34 Iness Rose Pride First half of 1973 79.05 Samuel B. Conner Pers. Prop. taxes 1973 12,00 John R. Atkinson Co. Auto Tag 5.00 Eddie J. Wright Pers. Prop. taxes 1973 53.55 Alvin T. Goins Pets. Prop. taxes 1973 73.85 Alvin T. Goins Duplicate assessment 1,50 Ayes: Mr. Hornsr, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On-motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that this Board accepts the offer of Richard Kish set forth in his proposal dated December 11, 1973, to purchase 1.5 acres of the Chesterfield Airport Industrial Park land on the terms and conditions therein for the purchase price of $10,000 per acre. Be it further resolved, that the Commonwealth's Attorney petition the Circuit Court of Chesterfield County, Virginia, for approval and ratification of this sale of land by the County to Richard Kish and on such approval the Chairman and Clerk are hereby authorized and directed to execute a good and sufficient deed thereto. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neilt. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved tl~t the Director of General Services be authorized to have electric heat installed in the Maintenance Hangar building at the Airport rather than using the gas burners presently installed which would require an additional $10,000 in the installation of a propane tank. Mr. Apperson Abstains from voting. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. O'neill. On motion of Mr. Myers, seconded by Mr. Krepeta, it is resolved that the sum of $10,000 be transferred from the unappropriated surplus of the County.s General Fund to the Airport Operating Fund. Mr. Apperson abstains from voting. Ayes: Mr. Morner, Mr. Myers, Mr. Krepela and Mr.O'Neill. 73S-112 Mr. Lloyd C. Journigan, Jr. requested the deferral of this zoning case and states that he has notified parties in opposition. There appearing no one to speak against this zoning, it is'on motion of Mr. Homer, seconded by Mr. Apperson, resolved that this request be deferred to January 23 1974 at 3:00 P.M. , Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-128 Mr. Albert J. Meyer, Jr. again requests the deferral of the above zoning application for B-3 on Route 60 at Walton Park Road and'questions the location of ROute 288. -rMr. Horner points ,out that the owner should contact the Highway Department to purchase this right-of-way since it is apparently inside the interchange of Routes 288 and 60. Upon consideration whereof, and on motion of Mr. Krepela, seconded by Mr. Myers. it is resolved that this matter be deferred to February 13, 1974. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepeta and Mr. O'Neill. 73-S117 Mr. Ron Wilson, Architect, comes before the Board requesting a Conditional Use Permit to construct a 12-unit apartment building on a parcel of land of irregular shape, containing 3 acres, fronting approximately 300 ft, on Brandywine Avenue, extending westwardly to a depth of approximately 400 feet and being located approximately 200 feet north of the intersection of Brandywine Avenue and General Boulevard in Bermuda Magisterial District. Refer to Tax map 81-16 (i) Parcel 3 (Sheet 23). Mr. Wilson states that he agrees with the conditions suggested by the Planning Staff and approved by the Planning Commission for the construction of two (2) buildings containing 6 family units each. Following are the conditions: 1. An overall site and landscaping plan shall be prepared in accordance with Article 25 of the Chesterfield County Zoning Ordinance and approved by the Planning Department prior to issuance of any building permit. 2. The developer'shall provide an accurate account of the drainage situation, showing existing drainage and the impact this project will have on the site and the surrounding area. The developer shall submit a plan to the County Engineering Department which will provide for on a~d off site drainage control. The plan shall explain the method and show the facilities to be utilized in the hydraulic engineering of this project. This plan shall be approved by the Engineering Department prior to the issuance of any building permit or clearing of land and implemented prior to the issuance of any occupancy permit. 3. The developer 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) to be utilized as erosion and sediment control measures for the project. The plan shall be approved by the Engineering Department prior to the issuance of any building permit and implemented prior to clearing any land. 4. Public water and sewer shall be used and the developer shall submit water and sewer plans for approval to 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 the County of Chesterfield prior to the issuance of any building permit! 5. The minimum width of the entrance will be as recommended by the Virginia Department of Highways. The minimum radii on all curves shall be no less than, 25 feet for the entrance drive and said drive shall not be less than 22 feet (paved surface) with 4 foot shoulders. The drive ~hall be maintained as a private entrance. 6. The total number of apartment units permitted shall not exceed twelve units. 7. The total number of dwelling units in any one building or structure shall not exceed six. 8. No other access than that shown on the site plan submitted with the appli- cation and prepared by Ronal~ D. Wilson & Associates shall be provided either to or from the parcel. 9. A landscape buffer or area to be left in a natural state no less than 25 feet shall surround the development. 10. Structures shall be separated by a minimum of 3D feet, There shall be a 25 foot minimum building setback from all private drives and a minimum of 10 feet from any parking space. 11. Sidewalks shall be provided and shown on the plan at the discretion of the County Planning Department. Such sidewalks shall have a width of at least 4 to 6 feet~ deemed necessary by the Planning Department. 12. Parking spaces shall be provided at a ratio of 1.8 spaces per dwelling unit. 13. 'A plan showing the area and facilities for recreation shall be submitted to and approved by the Planning Department prior to the issuance of any building permit. 14. A common party wall having a ~wo-hour fire resistance rating shall separate each dwelling unit and have a minimum thickness of eight inches. The party wall shall be constructed of non-combustible material from the foundation to at least six inches above the roof line. 15. Fire hydrants shall be provided and located in accordance with a plan presented to and approved by the Chesterfield County Fire Administration. 16. All roof covering shall be of non-combustible material, Class C or better, on all structures. 17. The project owner or manager shall provide and maintain an approved fire extinguisher in each cooking area or kitchen. 18. One bedroom and efficiency dwelling units shall be a minimum of 800 square feet of gross floor area. Two bedroom dwelling units shall be a minimum of 1,000 square feet of gross floor area. Three bedroom dwelling units shall have a. minimum of 1,400 square feet of gross floor area. Dwelling units with four or more bedrooms shall have in addition to a m~nimum of 1,400 square feet of gross floor area, a minimum of 200 square feet of gross floor area for ~ch additional bedroom. NOTE': At the Planning Commission hearing of this request, Condition ~14 (which states: "A common party wall having a two-~our fire resistance rating shall separate each dwelling unit and have a minimum thickness of eight inches. The party wall shall be constructed of non-combustible material from the foundation to at least slx inches above the roof line") Planning Staff, at the instruction of the Commission reviewed with the County Fire Administration the above written condition. Th~ purpose of this review was to attempt to determine whether a reduction in the specifications required could be accomplished. Staff has met with the Fire Administration and as a result it has been determined that Condition %14 may be amended to read as follows: A common party wall having a two-hour fire resistance rating shall separate each dwelling unit. Such party walls shall be required to be staggered having eight ~) inch and four (4) inch thickness between dwelling units (example: dwelling unit/ 8 inch wall/ dwelling unit/4 inch wall/dwelling unit/8 inch wall/dwelling unit). Such party walls shall be constructed of non-combustible material from the foundation to at least six (6) inches above the roof line". In the Fire Administration and Planning Staff discussions both departments concurred that the amended requirement.as stated was the least restrictive amendment possible in order to accommodate the development and still accomplish the purpose of the condition. In addition, it was noted that such a requirement may enable the developer to obtain a reduction in Insurance rates. Planning Staff would recommend that the above amended condition be required if this request is approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73~122 Mr. E. A. Reynolds comes before the Board requesting a Conditional Use Permit to build and operate an indoor-outdoor recreational area on a parcel of land of irregular shape, containing 10-acres fronting approximately 550 feet on the south line of Linden Lane and being located in the southeast quadrant of the intersection of Linden Lane. Lake Drive, and Poco shock Boulevard zn Clover Hill Magisterial District. Refer to Tax Map 40-1 (1) parcel Z (Sheet 15). Mr. Reynolds explains the project in detail and states further that he agrees with the recommended conditions, with the exception of the number of trees to be planted i'n the buffer zone. Upon consideration of the fact ~hat there is no opposition and that the Planning Commission has recommended approval, it is on motion of Mr. Homer, seconded by Mr. Apperson, it is resolved that ~ Conditional Use Permit be granted to build and operate a recreational facility on the.aforedescribed property, with the conditions recommended by the Planning Commission, with the exception that there be two (2) rows of trees, 12-ft. on center, placed in staggered fashion. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and ~. O'Neill. 73S-127 Mr. Charles Townes, Jr., comes before the Board requesting the rezon~ng from Agricultural (A) to Kesidential (R-2) of a parcel of land of irregular shape, containing 60 acres, fronting approximately 1,500 ft. on Graves Road (Route 630), extending southwardly to a depth of approximately 1,000 feet, and being located approximately 2,400 feet east of ,the intersection of Graves Road and River Road (Route 602}, in Matoaca Magisterial District. Refer to Tax Map 171-15 (1) parcel 21 (Sheet 47). Mr. Townes states that he is in general agreement with R-1 zoning as recommended by the Planning Commission. Mr. Cecil Belcher states that he would like to have large lots fronting on Graves Road to match the existing lots. Mr. Townes states that they are considering a central well system at this location. Upon consideration whereof and on motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the aforedescribed parcel of land be and it hereby is rez0ned to R-l, with the request that lots on .~.rave Road be increased in size, if possible. Ayes: Mr. Morner, Mr. Myers, Mr. Appe~son, Mr. Krepela and Mr. O'Neill. 73S-129 Paul Byren, representing Mr. A. L. Lawrence, comes before the Board requesting ~ithe rezoning from Agricultural (A) to General business (B-3) part of a parcel !(~3.23 acres) of land of irregular-shape, containing 9.85 acres, fronting approximately 750 feet on Midlothian Turnpike (Route 60), extending southwardly to a depth of approximately 700 feet and being located approximately 200 feet west of the intersection of Midlothian Turnpike and Paramont Drive in Clover Hill Magisterial District. Refer to Tax Map 28-3 (1) parcel 6-1 (sheet 8). Mr. Byren states that he is in general agreement with the conditions imposed by the Planning Commission with the exception of the 50-ft. buffer between the property in question and several lots on Penn Acres and States that his client Will construct a fenc~ and have trees planted in a 25-ft. buffer which should be adequate to screen the Parking of vehicles from the adjacent residential zoning~ii There appearing no one in opposition to this request, it is on motion of Mr. Horner, seconded by Mr. Apperson, resolved that the property described above be zoned to B-3 for a depth of 543 ft. and a Conditional Use Permit be granted for the parking of motor vehicles on the remainder of the parcel, with the stipulation that the conditions recommended by the Planning Staff be adhered to with the exception of a 50-ft. buffer zone being reduced to 25-ft. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. '73S-13i There appears no one to speak for or against the request of Jact T. Shoosmith for B-3 zoning fronting on Ca-rver Heights Drive, and it is on motion of Mr. O'Neill, seconded by Mr. Krepela, resolved that this matter be deferred to January 9, 1974. Ayes: 'Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-139 5~..Mercer P~ Faw comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-2) of two parcels of land of irregular shape, containing i 5.7 acres,'fronting approximately 400 feet on Bermuda Hundred Road, extending ! southwestwardly to a depth of approximately 450 feet and being located approxi- ! mately 1,800 feet southeast of the intersection of Bermuda Hundred Road and Meadowville Road in Bermuda Magisterial District. Refer to Tax Map Sec. 118-9 (2) parcel 66 and 118=10 (3) parcel 27 (Sheet 33). Mr. Faw explains that this project will involve 13 lots with public water. Mr. Pak complains about the possible flooding of his land because the culvert under Route 10 apparently is not adequate. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the ~oredescribed parcel of land be and it hereby is rezoned to R-2 and that the Hydraulic Engineer be requested to view the drainage problem before recordation of the s.ubd~vision plat.. Ayes: Mr. Homer, Mr. Myers, Mr.'Apperson, Mr. Krepela and Mr. O'Neill. 73S-140 Mrs. Albert P. Moxley comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-2) of two parcels of land of irregular shape, containing 4.14 acres, each lot frenting approximately 200 feet on Treely Road, extending southwestwardly to a depth 6f approximately 500 feet and being located approximately 300 feet northwest of the intersection of Treely Road and Windward Drive in Matoaca Magisterial District. Refer to Tax Map 148-7~(1) parcels 8-2 & 8-3 (Sheet 41}. There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. O'Neill, seconded by Mr. Kr~pel~, resolved that the aforedescribed parcel of land be and it hereby is rezoned for R-2 purposes. Ayes: Mr. Horner, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-141 Mr. Warren C. Cole comes before the Board requesting the rezoning from Residential (R-2} to Agricultural (A) of a ~arcel of land of rectangular shape and containing approximately one (1) acre. Also, a Conditional Use Permit to operate a printing shop in an accessory building on the parcel. This lot fronts approximately 120 feet on River Road, extends northwardly to a degth of approximately 200 feet and is located opposite the intersection of River Road and Stuart Avenue in Matoaca Magisterial District. Refer to Tax Map 186-3 (1) parcel 55 (Sheet 52). There appearing no one in opposition to this request, and the Planning Commission having recommended approval, with seven conditions which the aPPlica~t'~agrees to, it is on motion of Mr. O'Neill, seconded by Mr. Krepela, resolved that the aforedescribed parcel of land be rezoned to Agricultural and a Conditional · Use Permit granted to operate a Printing Shop. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S143 Mr. Jo G. Kauffman comes before the Board requesting the rezoning from Community Business (B-2) to General Business (B-3) the rezoning from Community Business (B-2) to General Business (B-3) the southwest part of parcel 13 and all of parcel 12. These parcels contain approximately 7 acres, from 750 feet on Jefferson Davis Highway (Route 1/301), also fronting approximately 400 feet on Norcliff Avenue, and are located in the northwest quadrant of the inter- section of the aforementioned roads. The applicant also requests the rezoning from Agricultural (A) to Light Industrial (M-l) the east section of the north part of parcel 13. The north part of parcel 13 fronts on the east line of Jefferson Davis Highway (Route 1/301) and is located approximately 500 feet~ north of its intersection with Norcliff Avenue. The east section of this parcel lies. 300 feet east of Jefferson Davis Highway, contains approximately 7'acres., extends eastwardly approximately 378 feet and then northwardly approximately 777 feet to the south line of Kingsland Creek in Bermuda Magisterial District. Refer to Tax Map 81-4 (1) parcels 12 and 13 (Sheet 23). Mr. Kauffman explains the proposed layout of business lots and states thathe agrees to the construction of curb and gutters and the de-acceleration lane off of Route 1. · Mr. John Scherer, Chairman of. the Board of Trustees of the Kingsland Baptist Church, states that he would like to have a low key business center that would not interfere with the operation of the Church. There arose some discussion on how to rezone the property adjoinS'rig and east of Perrymont Road. Upon consideration whereof and on motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the property fronting Route 1 have a depth of 250 feet be rezoned to B-3 and the remaining land in this parcel be deferred to Jan. 9,7974 And be it further resolved, that the property on the eastern sid~ as described, be and it hereby is rezoned for M-1 purposes. Ayes: Mr. Horner, Mr. Myers~ Mr. Apperson, Mr. Krepela and Mr. O'Neill. ~3-144 Mr. Mark L. Hankins comes before the Board requesting a Conditional Use Permit to operate a horse boarding, training and riding school, on two parcels of land of irregular shape, containing 24 acres, fronting approximately 1,400 feet on the north and south lines of Mt. Herman Road (Route 607), and being located approximately one-half mile sbuthwest of the intersection of Mt. Herman Road and Old Hundred Road (Route 652) in Midlothian Magisterial District. Refer to Tax Map 23 (1) parcel 24 and Tax Map 24 (1) parcel 1-1 (Sheet 5/6). There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. Krepela, seconded by Mr. Myers, resolved that a Conditional Use Permit to operate a horse board, training and riding school on the aforedescribed parcel of land be and it hereby is granted subject to the conditions recommended by the Planning Commission which are: The hours of operation shall be limited to between 8:00 A.M. and 9:00P.Mii Only one sign (no larger than the existing sign) shall be permitted. This operation shall be restricted to a maximum of thirty-five (35~) hors ~s. Ayes: 4. No riding class shall exceed twelve (12~ in number. 5. All stables, stalls and paddocks shall be cleaned with fresh hay being applied in stalls at least onee a week. Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-145 Mr. Doug Woolfolk, speaking for the Colebrook Company, comes before the Board ~equesting a Conditional Use Permit for a Planned Developmen~ on part of a parcel of land of rectangular shape, containing 6 acres, fronting approx- imately 423 feet on Midlothian Turnpike (Route 60), also fronting approximately 591 feet on Crowder Drive, and being located in the northwest quadrant of the intersection of the aforementioned roads in Midlothian Magisterial District. Refer to Tax Map 15-12 (2) part of parcel 2, Acreage Parcels and Myers Plan, parcels 11 thru 18 (sheet 7). There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. Krepela, seconded by Mr. Myers, resolved that this Board grant a Conditional Use Permit for a planned development on the aforedescribed parcel of land subject to the restrictions suggested by the Planning staff and approved by the Planning Commission and filed with the minutes of this Board. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-146 Mr. Holt, representing the OtterdateInvestment group, comes before the Board requesting a Conditional Use Permit to use a building in an Agricultural District for office space and an antique shop. This request is on a parcel of land of irregular shape, containing one (1) acre, fronting approximately 1,200 feet on Midlothian Turnpike (Route 60), also fronting approximately 900 feet on Otterdale Road (Rt. 667), and being located in the southeast quadrant of the intersection of the aforementioned roads in Midlothian Magisterial District. Refer to Tax Map 15 (1)parcel 28 (sheet 7). Mr. Holt states that he is in agreement with the conditions suggested with the conditions suggested with the exception of Item 5, which controls the size of the s~ze of the advertising sign. On motion of Mr. Krepela, seconded by Mr. Myers, it is resolved that a Conditional Use Permit to use an existing building for office space and an antique shop be approved with all of the conditions suggested by the Planning Commission with the exception that no signs or combination of signs in excess of 15 sq. feet being permitted. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepeta and Mr. O'Neill. 735-147 Mr. Thomas R. Millerj representing the Chesterfield Indoor Tennis Club, Inc. comes before the Board requesting a Conditional Use Permit to construct an operate a private tennis club on the south half (2.5 acres). This parcel is located on the east line of Iron Bridge Road (Route 10) approximately 1,200 ft. south of its intersection with Tucker Road. The parcel lies 600 ft. to the east of Iron Bridge Road at the end of a private driveway in Dale Magisterial Districtl Refer to Tax Map 66-9 (1) parcel 11-3 (Sheet 22). There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. Apperson, seconded by Mr. O'Neill, resolved that a Conditional Use Permit to construct and operate a private tennis club be granted with the conditions suggested by the Planning Commission, with the exceptions that the width of the private road be not less than 20 feet and the minimum setback from the private driveway be 10 feet and all structure setbacks be at least 20 feet from any adjacent property line. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-149 The Board of Supervisors of Chesterfield County requests the following changes in the Zoning Districts Maps of Chesterfield County: A. In Midlothian Magisterial District rezone from R-2 Residential to B-2 Community Business parcels known as T.M.15-12 (1), part of lots 32, 34-4 34-6, and 37: T.M. 15-12 (1) lot 34-8: and T. M. 16-9 (1) part of lots 5, 6] 7 and 7-1. B. In Matoaca Magisterial District rezone from A-Agricultural to R-1 Residential lots 1 thru 29 inclusive of W. L. Canada Plot, ToM. 158-12. C. In Bermuda Magisterial District rezone from B-2 Community Business to B-3 General Business parcel known as T.M. 117-%0 (1) 7. D. In Bermuda Magisterial District rezone from A-Agricultural to B-2 Community Business a parcel known as T. M. 97-2 (1) 4 (part). E. In Bermuda Magisterial District r~zoning from A-Agricultural to M-1 Light Industrial a parcel known ss T.M. 115-6 (1) 2-1. F. in Bermuda Magisterial District rezone from R-2 Residential to B-2 Community Business parcels known as T.M. 115-6 (1) 8 (part) 9A and 9B. G. In Bermuda MaGisterial District rezone from R-1 Residential to MH-1 Mobile Home Park a parcel known as T. M. 116-10 (1) 4 (part). H. In Bermuda Magisterial District rezone from A-Agricultural to B-3 (General Business) a parcel know as T.M.11-63 (1) 1 (part). I. In Bermuda Magisterial District rezone from R-2 Residential Go B-2 Community Business Lot 5, Block I, Lots 7 13 and 14, Block 25 Lots 5 and 26, Block 4: and Lots 7 and 26,. Block 5, Quai~ Oaks Subdivisibn. J. In Dale Magisterial rezone froF. M-2 General Industrial to M-3 Heavy Industrial a parcel known as T, M. 42-14 (1) 3, K. In Clover Hill Magisterial District from B-1 Convenience Business to B-3 General Business a parcel known as T.M. 38-2 (1) 2. There appearing no one to oppose these changes in the zoning maps and the Planning Commission hav~ng recommended approval., it is on motion of Mr. Myers,' seconded by Mr. Apperson, resolved that the aforedescribed changes be and they hereby are approved. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S138 Mr. Stuart K. Tucker comes before the Board requesting the approval of locating a Mobile Home at the northern end of Totty Street Extension and states that he is willing to hoo~ to the sewer line of the Sanitary District. After much discussion of this matter, it Ks on motion of Mr. O'Neill, seconded by Mr% Apperso~, resolved that further consideration of this permit would be deferred to April 10,1~4 and that the mobile Home which is already on the site be hooked to the County sewer within thirty (30) days. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-150 JoAnn W. Robinson comes before the Board requesting the approval of locating a Mobile at 16111 Garry Avenue. Upon Consideration whereof and on motion of Mr. O'Neill, seconded by Mr. Apperson, it ls resolved that ~ Use Permit for a period of ~wo (2) years be granted for the location of a Mobile Home at the stated address. Ayes: Mr, Myers, Mr. Krepela, Mr. Apperson and Mr. O'Neill. 73S-151 Mrs. Hattie L. Roane comes before the Board requesting the approval of locating a Mobile Home at 3900 Dupuy Road. Upon consideration whereof, and on motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that a Use Permit for a period of two (2) years be granted to Mrs.~Roane for the location of a ~obile Home at the above address. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 73S-152 Mrs. Marianna C. Spickerman comes before the Board requesting a Use Permit to locate a Mobile Home at 13911 Jefferson Davis Highway. On motion of Mr. Myers, seconded by Mr. Krepela it is resolved that a Use Permit to locate a Mobile Home for a period of two (2) years be granted to Mrs. Spickerman at the above address. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr.' Apperson, it is resolved that a Variance for Mr~ James W. Crawley for the construction of a dwellzng on a t0 ft. dirt road, lying between Enon Church Road and Route 10 be and it hereby is denied. ' Ayes: Mr. Horner, Mr. Myers, Mr. Apperson; Mr. Krepela and Mr. O'Neill. On motion of Mr. Horner, seconded by Mr. Krepela, it is resolved that a Variance request of Mr, Leslie A. Floyd for a dwelling on a parcel oi land sho%~n on Tax Map 44 be and it hereby is denied. 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 this Board requests the Judge. of Circuit Court, the Honorable Ernest P. Gates, to Appoint Dennis Wayne Davis as a Police Officer for the County of Chesterfield. And be it further resolved, that the Chief of.Police, Col~ E. P. Gill be authorized to employ Robert Keith Clarke as a Dispatcher in the Police Department. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Myers, seconded by Mr. Krepe!9' it is resolved that the bid of $1,486.00 from F. L. Cook be accepted for the improvement to the sewer line at the Cbunty Dog Pound, provided said improvements meet with the approval of the Engineering Department, 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 this Board requests the Planning Commission to review and recommend the necessary changes on the side line requirements of M-1 zoning and the amount of square footage of warehousing allowed in B-3 zoning. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill it is resolved that the Board requests'the Board of Zoning Appeals to review and favorably consider the location of a Mobile Home for Ray Vaughan off the Salem Church Road the style of which request was 73-228. ' Ayes: Mr. Homer. Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson the following resolution is adopted: ' WHEREAS, it has come to the attention of the Board of Supervisors that the flagrant dumping of waste material is taking place on most every County road, and if the dumping is not directly on the road it takes place on private dirt roads and on private property, a pure violation of the County Code. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Circuit ¢~urt Judge and/or the District County Judge, the ~Bolice Department of this intolerable situation and request evidence and the arrest of said violators and the imposition of the maximum fine of $300.00 under the County ordinance be imposed, if possible. AND BE IT FURTHER RESOLVED, THAT citizens of this County be requested to assist the Police-in the arrest of violators by informing the Police of the ~escription and/or license plates of vehicles and the swearing out of warrants when applicable. AND BE IT FURTHER RESOLVED, that the County Administrator advertise this camPamgn of cleaning up the County's roads by inserting same in the tax and utility bills. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'neill, seconded by Mr. Apperson, it is resolved that this Board cancel the proposed meeting on December 26, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson seconded by Mr. O'Neill, it is resolved that this Board go into Executive Session to consider personnel matters. Ayes: Mr. Morner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Reconvening: On motion of Mr. O'Neill, seconded by Mr. Krepela, it is resolved that the salary of Michael Woodfin, Director of General Services be increased to $10,896.00 on December 15, 1973. 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 Mr. W; H. Fitzgerald, Jr. be promoted to Assistant Director in the Data Processing Department and Mr. Ed Mulvanity to the position of Supt. of Systems and Programming, both effective December 1. 1973 with salary adjustments as requested. Ayes: Mr. Horner, Mr. Myers, ME. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. O'Neill, seconded by Mr. Apperson, it~is.~r~s~tved that the County' representatives in the State Legislature prepare and seek passage of special laws that will enable the County to regulate motor vehicle parking on all private property that ms open to public use, including the authority to issue parking tickets to motor vehicles parking in violation of such regulations whether on such private property open to public use or on public property and to prepare and seek special laws to enable the County to issue summones to resident owners of motor vehicles not displaying County license tags. 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 this Board adjourn at 8:45 P.M. to 9:00 A,M. on January 9, 1974. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. ~. W. Burnet%, ~ecretary '~rv~n G. ~or~ne~, Chairman