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06-09-1971 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County, held at %he Courthouse on June 9, 1971 at 9:00 AoM. Present: Mr° Irvin G.Horner, Chairman Mr. H.O.Browning, Vice-Chr. Mr. J.Ruffin Apperson Mro FoFoDietsch Mr. A.RoMargin Mr. C.J.Purdy Also Present: Mr° Oliver D°Rudy,Commo Atty. Mr. Morris Mason,AsstoCommoAtty. Mr. M.WoBurnett~Exec. Sec'yo Mr. John E. Longmire~AsstoExec. Sec,y. Mr Robto Ao Painter~ ~oo Eng. Mr[ David Welchons~AsstoCooEng. Mr. Willis Pope~ASSto Co° ~g. Mr. ~ymond Birdsong~AsstoCo.Eng. Mr. Stan Balderson~Senior Planner Mr.Burnett gives the invocation. The Board of Supervisors this day approved all claims presented to the County for the month of May, 1971 and authorized the Treasurer of the County to issue warrants as follows: General County Fund: Vouchers- Check Nos. 32745 - 33186 $641~171.50 County Library Vouchers - Check Nos.32785-33159 15~615.8~ County G. arage Vouchers - Check Nos. 32792-33164 8~976.79 County Storeroom Vouchers - Check Nos. 32796-33169 459.09 Workmen's Compensation Vouchems - Check No.32921 204.00 SociaI Services Vouchers - Check Nos. 32950 thru 32978; 32380 thru 32744 33802-32805, 33089-33104, 33270-33367 33187 thru 33269 NurSing Home Vouchers - Check No.s 32799-33182 Ettrick Operatinq: Vouchers - Check No.32814-33073 Sales Tax Voucher~ Check No. 33074 Payroll Deduction Vouchers-Check Nos. 32807 - 33088 Water Revenue Vouchers - Check No.s 4321 Water Operatinq Vouchers - Check No. 4184-4307 Water Improvement Vouchers-Check No. 4190-4320 71,292.30 26,713.38 1,208.65 6.84 200,079.17 11.92 14,631.91 10,668.13 Water County Construction Vouchers - Check Nos. 4188-4285 Water Meter Deposit Vouchers- Check No. 4251-4258~ 4322-4325 W_ater Meter InstoFund Vouchers-Check. No.s 4208 - 4297 Central Stores Vouchers- Check No.s 4183-4199, 4225-4271, 43Q5-4311 Sewer 0peratin~ Vouchers - Check No.4206-429~ 4313-4319 Interest Fund Voucher - Check No. 4215 Sewer Improvement~ Replacement & Extensio~ Voucher.- Check No. 4216-4246, 4300-4306 Sewer Service Installation Voucher-Check Noo 4213-4318 States Sales Tax Voucher - Check No. 4259 $159.44 190.00 15~004.60 7~120.30 4,221.16 46,750.00 274~131.64 780.37' 14.35 On motion of Mr. Dietsch, seconded by Mr. Browning, it is resolved that the minutes of April 28, May 3 10 12, 17 and 19, 1971 be and they ~ereby are approved. ' ' , ~ On motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that the following water contracts be and they hereby are approved: W71-270 Pocono, Section B, Phase I $7,459.07 W71-29D Chatsworth Avenue 695.00 On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that Contract W70-17CD for the installation of a water line to the State Prison Farm be awarded to the F. L. Showalter Inc. who submitted the low bid of $68,655.00. ' ' On motion of Mr. Purdy, seconded by Mr. Dietsch, it is resolved that the Count~z Engineer be and he hereby is authorized to install water service to Mr. C. L. Johnson's property in Central Park Subdivision for a total charge of $400.00- $200.00 of which is to be financed. , There was a discussion on the request of building permits on Qual!a Road using individual wells as a water supply and it was generally agreed tPat this matter would be studied further in an attempt to get County water installed in this area. On motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that contract S71-1!CD for the installation of sewers to Providence Green be and it hereby is approved. On motion of Mr. Browning, seconded by Mr. Apperson, it is resolved that no liquidated damages be assessed against the Luck Corporation on contract 6511-3. On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that the County' Engineer be authorized to clean the Merchie's Mill Pond of siltation and ' apportion the cost between the Utility Department and the General Fund bv agreement with the Executive Secretary. ~ On motion of Mr. Martin, seconded by Mr. Browning, It is resolved that the name of Heyworth Drive be changed to Mobrey Drive in the subdivision of Stonehenge. There arose a discussion for the need of an erosion control ordinance. It was generally agreed that this matter would be discussed with the Erosion Commmssion on June 28, 1971 at 7:30 P.M.. Mr. John Henson, of the J. K. Timmons & Associates, presents a plan for constructing sewers in the County of Chesterfield during Phase I of the Sewer Program. Mr. ~ske Limerick, of R. Stuart Royer & Associates, presents a plan for financing the sewer program, stating that the Bond Issue of approximately $4,000,000 would be necessary to finance a total program of $14,000,000, provided the County can realize some monies from the Federal and State s~sidy programs. It was generally asreed that work be continued on this study but no action be taken until such time as the Wa%er Control Board gives its proposals as to the methods by which the Federal and State monies will be disbursed. There was discussed with Mr.W.R.Davidson, Resident Engineer~ Virginia Department of Highways, a drainage plan for the area of Chesterfield Avenue, Light Street and a%ong a creek to Main Street involving a total cost of $42,580. Upon consideration whereof, and on motion of Mr.Browning,seconded by Mr. Purdy, it is resolved that the scope of this work be reduced to Light Street and that portion connecting with Main Street which will cost an estimated $17,137.00, of which the Highway Department has agreed to pay approximately $8,945.00. And be it further resolved, that the Engineering Department be requested to get completed plans and bids for this amended drainage project. There was a discussion on the drainage proposal for the Crestwood Farms area which was presented by R.Stuart Royer and Associates, and it was generally agreed that this proposal would be studied further by the County's Drainage Department~ the Highway and the subdividers in the area. Mr. Painter, County Engineer, advised that fifteen of his water works employees and staff members had completed training courses in the operation of water and waste water works. On motion of Mr. Apperson,seconded by Mr. Browning, it is resolved that this Board recommends to the Virginia Department of Highways for inclusion into the State Se~-ondary Road System, roads in the Forestdale Subdivision~Section "B" Chevelle Drive, ~ves Lane and Forestdale Drive: This day the County Road Engineer in accordance with directions from this Board made report in writing upon his examination of Chevelle,,D,r, ive, Ives Lane and Forestdale Drive in the Forestdale Subdivision,Section B , in the Clover Hill Magisterial District. Upon consideration whereof, and on motion of Mr.Horner,~! it is resolved that Chevelle Drive~. Ives Lane and Forestdale Drive, in the subdivi- sion of FOrestdale, Section "B", be and they hereby are established as public .roa~s. And .be it further resolved, that the Virginia Department of Highways~ be, and hereby is requested to take into the Secondary System, Chevelle Drive, from its in- tersection with Dell Drive (Route 1686) northwardly .t0 mile to Ives Lane, thence northerly '06 mile to a cul-de-sac; Ives Lane, from its intersection with Chevelle Drive~ eastwardly and southwardly .09 mile to its intersection with Forestdale Drive thence southeastwardly 06 mile to Route 1686; Forestdale Drive, from its intersection with Ives Lane, northeastwardly .04 mile to a cul-de-sac. These streets serve 16 houses· And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50-ft. right of way on Chevelle Drive and 50-£t. rights-of-wa~ on others in this subdivision° Plat recorded in Plat Book Page 6, on February 14, 1969. There was read a letter from Mr.W.R.Davidson, Resident Depar~ Engineer ~ Virginia ment of Highways, denying the County's request for.a traffic control light at intersection of Routes 1 and Osborne Road. The Board was notified of a public hearing to be held on July 7~ 1971 at 7:30P.M.i at the Highway Department on a proposed bridge on Forest Hill Avenue over the SCL Railroad. There was read a letter from Mr.J.E. Harwood,Deputy Commission, Highway Department, notifying the County that 191.57 miles of Secondary Roads had been-dropped from the County's Secondary System of roads due to the annexation by the City of Richmbnd. The County was officially notified that the extension of Willis Road, Route 613, for a distance of .35 miles had been accepted by the State Highway Department. There was read a letter fro~ Mr. WoR. Davidson, concerning the County's request for a 4-way Stop sign at the intersection of Routes 651 and 653. Whereupon,Mr. Davidson explained he could not install a 4-way Stop sign but could make an improve- ment to this situation. There was discussed the problem of drainage on Wood-Dale Road, leading westwardlY from the Old Centralia Road and Mr. Davidson stated that the cost of improving t~e drainage would be approximately $1~350.00. It was generally concluded that the Executive Secretary and Drainage Engineer would confer with the subdividers in t~e area to ascertain how this work could be completed. This being the time advertised for a public hearing on Amendments to the County's Zoning Ordinance to affect some control on mobile homes, travel trailers and modular homes, the Commonwealth's Attorney~ Mr. Rudy~ explained the purpose of the changes. The Executive Secretary read some suggested changes from the Planning Commission. Mr. Garland Dodd syates that in general he is sympathetic and pleased with the ordinance with the exceiption of four (4) items: 1.That there should be allowed one (1) trailer in a business district to be used by the owner/or operat~r~of a business on said property. 2. That the limiting of mobile homes of eight (8) per acre may be too restrictive and that there should be a provision ~or 10% of the land for recreation, not more than one-half of which could be used for the parking of boats, tr~tor trailers~ etc. 3. That the side lines of 30 feet is not realistic and suggested 15 feet on the side and rear property. 4. Mr. Dodd believed skirting of trailers should be required by eliminating the phrase "but shall not be used for storage." Mr. Dodd was sympathetic toward the hardship case in which old or sick people are~ required to live in trailers on propem?of other relatives Mrs. Mary Culley statez that there is now a trailer in the vicinity of Ecoff Avenue and that she does not want this neighborhood to become a trailer park~ that the tax structure on trailers versus homes is not equitable. Mr. W.C. Cassada~ residing on Shamrock Drive in Centralia Gardens~ explains his problem concerning his Mother and Father living in a trailer in the rear of his home and asked that they not be forced to move. Mro Marvin Potter~ Executive Director of The Mobile Homes Association~ states that modular housing is the greatest breakthrough in the building industry in modern times and suggested that a 30 to 60 day deferment of this ordinance to allow a chance to explain to the Board more fully the improvements in modular homes. Whereupon the Board generally concludes that this matter be deferred until June 177 1971 at 7:30 P.M.at which time testimony will be heard concerning this issue. Mr° N.T. Barber comes before the Board seeking a Variance from the subdivision ordinance to allow the construction of a home on a 40-ft. easement leading southwardly from Kingsland Road, as shown on Parcel l0t Section 80-1 of the Tax Map. Upon consideration whereof~ and on motion of Mro Apperson,seconded by Mr.Brcwning~ it is resolved that this Board grants a Variance to allow the construction of a dwelling on the aforedesdribed parcel of land provided the County has no responsie bility in the construction or maintenance of a roadway to semve this property. Mr. Edward A. Pulley comes before the Board seeking a building permit on Luck's Lane and states that he is willing to give a 25-ft. right-of-way from the center line of said road as show~n on a County survey on this road of recent date in order to obtain a building permit. On motion of ~r. Martin, seconded by Mr. Dietsch, it is resolved that this Board authorizes the Building Inspector to issue a building permit to Mr. Pulley for the construction of a home to replace his present trailer, provided he gives to the County a deed for his portion of the road right-of-way. Mr. Wagstaff comes before the Board complaining about 'the lack of facilities for' the registration of voters in the County. On motion of Mr. Purdy, seconded by Mr. Apperson, it is resolved that this Boar~ employs the firm of Robinson & Associates to audit the County's records for the fiscal year ending June 30, 1971. On motion of Mr. Apperson, seconded by Mr. Browning, it is resolved that the amounts in the budget plan for 1971-72 as approved on April 7, 1971 and any subsequent amendments for the various funds be and they hereby are appropriated for expend- itures as of July 1, 1971. There was presented a copy of the budget for the Richmond Metropolitar. Authority f~r the year ending June 30, 1972, which budget is filed with papers of this Board. 71-31CS Mr. H. O. Browning, Supervisor from Matoaca District, states that he absents him- self from the Board room while they consider his zoninq recuest in k~atoaca Dis .... Mr. John Daffron, representing Mr. Browning, comes before the Board requesting the rezoning from Agricultural (A) and Residential (R-2) to Industrial (M) of a parcel of land of irregular shape fronting intermittently approximately 1,650 feet on River Road (Route 36) and extending southeastwardly to a depth of approximately 1,400 feet, being located south of the intersection of River Road and Hickory Road (Route 628) in Matoaca Magisterial District. Refer to Tax Map Sec. 181-16 (1) parcels 6 & 7. Mr. Daffron states that the land Use Map shows the property in question to be industrial, that the Appomattox Basin Industrial Development Commis- sion and the Virginia Electric & Power Company have recognized, in writing, that the property has great industrial possibilities, He points out that there is sufficient water mains, sewer mains and gas mains to serve the property, that there is a railroad splitting the property, that the land is open for the most part and readily lends itself to industrial development, that the Board now has a chance to set aside land for industrial purposes a~d has zoned many sections in this area for residential use. - Mr. Daffron presented a petition signed by the majority of the adjacent propert~ owners in favor of the rezoning and states that most of the people who seem to be opposed to this request do not live in the immediate area. Mr. Stephen White, Attorney, representing the citizens in opposition, states that the land is adjacent to the Virginia State College, that if the land is zoned for industrial use anything can be put on the property, that people do not want to be subjected to some type of industry, that if a specific quiet type of industry would be proposed it would be a different situation, that the virginia Electric Power Company and the Appomattox Basin Industrial Development Commission will recommend anything as long as it attracts industry and that the people in the area do not want this rezoning. Mr. J. B. Cephas stated that he speaks for Dr. Russell, President of the College, who believes ther is a dire need for housing and that the Board should not put the industrial interest above the interest of County citizens. Mr. Robert Burton, Mr. Robert Hendrick and Mr. John Edmonds, speak in opposition to the request. Mr. White in summation states that no new use is offered by Mr. Browning to come back with the same case within such a short time deserves the s~me action as before. Mr. John Daffron in rebuttal states that there is no immediate housing need, that no pollution in the area would result as the Board must give a Use Permit for such uses, that if there is damage to the area ~[r. Browning will be harmed more than anyone else, that the petition shows that people around the property favor the rezoning, that the Board should not penalize Mr. Browning becallse he is on the Board of Supervisors. Dr. Benjamin Barnwell, living on Southlawn Avenue, speaks in opposition, stating that there is plenty of land zoned for industrial purposes. Dr. Martin states that he feels differently about this request after inspecting the ares. closely, that the people would not be ¥iolated because -the land is bes'h sQited for industry. Whereupon Mr.=Martin moves that the application be approved. There appearing no second, a vot~ being taken on the question: ~[r. ADpe~son votes Nay, s'~ating"that he did not want to polarize the fe~ling of the bla~k and white community Mr. Horner votes Aye, stating 'that zoning should not be racial, that industrial land is not plentiful and that there is enough land in }landolph .Farms for residential development. ~r. Purdv votes Nay, stating that a blanket zoning is not right, that~ "something should be worked out concerning this request. <Mr. Dietsch votes Nay, stating that some industry would be suitable, but a bl.~.n .... t l~zoning would not be desirable. ~r. Martin Votes Aye and the motion is denied. ~71-32CS i. Mr. LaVerne Cole comes before the Board requesting the rezoning frora Agricultural (A) to General Business (C-2) of a parcel of land of ~iangular shape, containing approximately 4 acres, fronting approximately 760 feet on East Hundred Road (Rt.10) and extending southwardly to a depth of approximately 400 feet, beinq[ located approximately 200 feet west of th~ intersection of East Hundred Road and Old Stage 'Road (Route 732) in Bermuda Magisterial District. Refer to Tax Sec. 116-8 (1) parcel 2-1 and part of parcel 2. There appearing no opposition to this request and the Planning Commission unanimously ,recommending approval, it is on motion of Mr. Purdy, seconded by Mr. Apperson, re- liso!ved that the aforedescribed parcel of land be and it hereby is zoned for General ilBusiness (C-2) purposes. All vote Aye. li~r~a~u~eYCurt, representing the Oak Forrest Associates, comes before the i, ~ lng the rezoning from Acricultural (A) to Residential (R-2) of a parceli iof land of rectangular shape, contai~in a fox' - limatel 1 200 .... ~ ~ lmately 20.~ acres, frontin a fox- _ Y , feet on Halloway Avenue (m~./zz) and extending westwardly apProXimatelY [! 90 feet, being located 1,346.02 feet south of the ' . · ~and H' ~ , ~ntersect~on of Halloway Avenue ' Sec. ~o~y.R?ag (.~t. 628) ln~Matoaca Magisterial District. Refer to Tax Map ii u-3 e 4 %Sec. 180-8 (1) part of parcel 1). i!There appearing no opposition to this request, ilrecommended approval ~y a vote of five for and and the Planning Commision having Mr. Browning abstaining, it is on limotion of Mr. Browning, seconded by Mr. Apperson, resolved that the aforedescribed.~ iparcel of land be and it hereby is rezoned for Residential-2 purposes, All vote Aye~ i7i_34CS -- . . iiMr. JOhn Daffron, representing Mr. Jack Turansky, comes before 'the Board requesting i · ithe rezonlng from Agricultural (A) t Residential-Agricultural (R-2) of a parcel I~ o itof land of irregular shape containing 97 acres, fro~ting approximately 3,2~0 feet iion Qualla Road (Rt.653) and extending southeastwardly to a depth of 1,327.72 feet, i!being located approximately 680 feet southwest of the intersection of Qual!a Road' and Spring Run Road (Rt. 662) in Dale ~[agisterial District. Refer to Tax MaD Sec. 9~ (1) parcel 6-1. Ther~ appearing no one in opposition to this request and the Planning Commission having unanimously re~mmended approval, it is on motion of ~r. Apperson, seconded by Mr. Dietsch, it is resolved that the aforedescribed parcel of land be and it hereby is approved for Residential-Agricultural purposes. 71-35CS ~--~. Joann Lind, representing Mr. Edgar Allen Lind, Jr., comes before the Board requesting the rezoning from Agricultural IA) to General Business (C-2)of a parcel of land of rectangular shape containing and extending southwardly to a depth of 525.0 feet, being located approximately 300 feet northwest of the intersection of ~obious Road and Cranbeck Road (Route 674) in Midlothian M~gisterial District. {efer to Tax Map Sec. 9-13 (i) parcel 4. ~[rs. Lind states that there is no opposition to this request, that this is the best hse for the land and that a store was on this site for many years. Mr. Martin states that this spot zoning and that the land is not joined to the business property of Jacobs. Mr. Dietsch states that the Highway Department will widen this road in the near future. Upon consideration whereof and on motion of Mr. Martin, seconded by Mr. Dietsch, it is resolved that this request be denied without prejudice. Those voting Aye- !4r. Martin, Mr. Dietsch and Mr. Purdy. Nay-Mr. Apperson. Mr. Browning abstains ?1-36CS ' ~ David C. Eanes, Jr. comes before the Board requesting the rezoning from %gricultura! (A) to General Business (C-2) of a parcel of land of irregular shape [ronting approximately 116 feet on Midlothian Pike (Rt.60) and extending southwardly to a depth of approximately 901 feet, being located approximately 420 feet west of zhe intersection of ~[idlothian Pike and Wadsworth Roam'in Clover Hill }~agisterial )istrict. Refer to ~ax Map Sec. 28-2 (1) parcel 9. {r. Eanes states that the purpose of this request is to build a facility for the [ou. ndtree Furniture Store which will set back 300 feet from Rt. 60 and involve a ~uilding 80-feet wide by 400 feet deep, and that there is no opposition from the ieighboring property owners. It was cited that the Plannin(~ Corilmission by a 'tie ote of 2 to 2 reCommended the rezoning of the parcel to a depth of 550 feet Ipon consideration whereof, and on motion of Mr. ADperson. second ' ' i ~- · · .t is resolved that the zonin~ be a~nrn~ ....... ll~ ~ ' ~e~oy ~r. Browning, · · · ~ ~ ~ r ..... o ~qu~meG ~rovide~ pecmflcatmons ]~ a roved , nne plans amc ' ~-. PP by the Planning Commission. - ' 'hose voting Aye,Mr. Browning, ~[r. Apperson and Mr. Hornet 'aye-Mr. Martin, Mr. Dietsch and Mr. Purdy. hereupon, Mr. Eanes states that he has agreed to a 550 foot zoning with a Use ~ermit for ingress and egress to his back door. On motion of ~[r. Apperson, seconded )y Mr. Browning, it is resolved that the preceding resolution and tie vote be with- Irawn. ?~ereupon Mr. Apperson moves, that the Board grant the C-2 zoning to a depth of 550 feet and grant a Use Permit for trucks for the next 150 fee.t, 'the remainder of the parcel to be a buffer strip. iiA vote being taken on this motion: Ayes-Mr Apperson Mr. D !~ays:= Mr. Martin, ~{r. Purdv and ~ ..... ' , - ietsc~ s. nd ~r i~PO~ zurther consideration ~ +~U~i ~?rner. ' ........... g. i~Y ~r. Dietsch reso~..~ ~=ii i~~ ma~er, it is o~ motion of ~ ~ , !~nd it hereby is withdra .... P ecedlng resolution resultin~ ~':'- i. '~' y~c0n~ed ~ ~. ~ ~ ~ ~le vo~e .be iUpon further consideration and on motion of Mr. ~orner, seconded by Mr. Ap~erson, !~t is resolved that the zoning be approved as requested, subject to the plans an® specifications being approved by the Planning Director. Votina Ave,Mr. Hornet/ Mr. Apperson and Mr. Browning. Nays-~r. Martin, Mr. Dietsch ~an~ Mr. ~ur~y. flit was agreed that the Tie Breaker would be called ~71-37CS ' ~omes no one to speak for the rezoning request of the Broad Rock Land CorDor_ iiatiOn. Upon consideration whereof, and on motion of Mr. Apperson seconded by ~r. Dietsch, it is resolved that this matter be deferred to July 14, 1971. i~All vote Aye.. ' 71_ J~Mr. J, Mi Wilkinson comes before theBoard requesting the rezoning from Residential. ii(R-I) to Residential (R-2) of a parcel of la~d of irregular shape fronting !85 feet ~on Bagette Road and exte ' llbein ~ . nd~ng nor theastwardl . . g located ~=Dproxlmate~,. ==~ = - y to a depth of aDDroxim~ ~T . ,- ~ o~u zeet north · ~ ...... ~ ~-~ feet ! anbark Road in Clover Hill 1,{a~.~ .... e~s~ ?f the intersection of Ba et k ~ oa~ and !!Blk. E, lots 15 and 16. ~ ..... ~ uisurlct. Refer to Tax Map Sec.g50 (8) iiThere appearing no one in opposition to this request and the Planning Commission ihavlng unanimously recommended approval, it is on motion of Mr. Hornet, seconded ]Dy ilMr. Dietsch, resolved that the aforedescribed parcel of land be and it hereby is iirezoned for Residential_2 uses. i!71-17U i!Mr. John S. Smart, representin(~, the East Coast Day School, Inc., comes before the !iB°ard recuesting a Use Permit [o operate a child day care center on a parcel of iiland of~ctangular shape fronting approximately 150 feet on Bonniebank Road and 'iextendi~g northwardly to a depth of a roxi ?ate~y z35 feet west'of the in~ ...... ~P ,~m~tely ~00 feet, being located a ....... iIand Petter known as ~o~ ~ -U-i-o=~Llon oz $onniebank and Ho~k~ ~ ~ ,~ ~- iTax MaD Sec '5° ~ ,~=oz Donnleoank Road, in Dale Ma~ister~P~ ~o9c ~,tI 637), ~' - ' ~-' %~; parcel 3. = m~ ~J.S~rlCt. Rezer to iWhere appearing no one in opposition to this request and on motion of Mr. Apperson, iseconded by Mr. Purdy, it is resolved that a Use Permit to operate a child day care i~enter on the aforedescribed parcel be and it herebv is granted which Use Permit iruns with the land. i~ · arol B. Crowder comes before the Board requesting a Use Permit to operate a ihome beauty shop on a parcel of land of rectangular shape fronting approximately i%00 feet on Hampton Avenue and extending eastwardly to a depth of approximately 885 feet, an¢~'being located approximately 955 feet, north of the intersection of ~ampton Avenue and River Road (Rt. 36) in Matoaca Magisterial District. ~ax Map S~ction 180-16 (1) parcel 34. ' Refer to There appearinc no one in opposition to this request, it is on motion of Mr. Browning, ~econded by Mr~ Dietsch, resolved that a Use Permit to operate a Home Beauty Sho~ On the aforedescribed parcel of land be granted to the applicant only, for a per~od 6f two (2) years, provided there are no signs erected on the premises. [~l-19U i~rs. Jane S. Scott comes before the Board requesting a Use Permit to operate an iarts and crafts shod on a parcel of land of frregular shape fronting approximatelv iS70 feet on Old Buckingham Road (Rt. 677) and extending northwestwardly to a deDt~ !bf 1,340 feet and being loca'ted approximately 470 feet west of the intersection' f O~d Buckingham Road and Warminster Driv~, and better known as 12016 Old Buckinc- ~am Road in Midlothian Magisterial District. Refer to Tax MaD Sec. 16-3 and 16-7- !~1) parcel 3. _ ~here appearinc no one in opposition to t~%tr%q~tp%nd on motion of Mr. Martin, ~econded by Mr~ Browning, it is resolved . rmit on the afore~escribed parcel of land be granted to Mrs. Scott only and that the signs permitted on this property be limited to two (2) square feet. The Amendments to Chapter 17, Sec. 17-5.]. of the County Code havinc been advertisedl according to law is open for discussion and ther appearing no one ~o Propose or oppose the passage of this amendment, on motion of Mr. Apperson, seconded by Mr. Purdy, ,it is resolved that the following ordinance amendment be and it herebl~ is approved: AN ORDINANCE TO AMEND CHAPTER 17, Section 17-5.1 of the Code of the County of Chesterfield, Virginia, by providing for required area, percentage of lot coverage, required front yard, side yard and rear yard, within said district; providing further for dwelling size, height regulations, limitation on number of units, architectural treatment within said district~ providing further for a party wall, regulations concerning common areas, density limita-!! tions, minimum acreage, off street parking, frontage on public street and recreational area requirements and provides further for approval of site plans for recreational facilities and when occupancy permits to issue. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA, That Chapter 17 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended by adding a new section, Section 17-5.i, to read as follows: Section 17-5.1 TH-1 districts. The following regu!ationsshall apply in all TH-! districts: Uses Permitted One family town houses. ~quired lot area Each dwelling, together with its accessory buildings, hereafter erected shall be located on a lot having an area of not less than one thousand five hundred twenty square feet and a front width of not less than 19 feet, except end units which shall have a lot area of not less than two thousand three hundred twenty square feet and a width of not less than twen'ty-nine feet. Percentage of lot coverage All buildings including accessory buildings, on any lot shall not cover more than forty percent of the area of such lot. No accessory buidling on any lot shall cover more than on hundred s~uare feet. Front Yard required Each lot shall have a front yard having a depth of not less than twenty- five feet measured from the front main building line. Side Yard required A side yard of not less than ten feet in width shall be provided for each end residence in the group. Rear yard required 'Each lot shall have a rear yard of not less than thirty feet in depth measured from the rear main building line, except in cases where reversed corner lots are provided in the plan and approved. Common areas required ~ A minimum common area of ten feet in width shall be provided for each exposed side of all lots within the plan, except the side of any lot or lots fronting or ab~tting a public street. Dwelling size Each dwelling shall have a minimum ground floor living area of four hundred seventy-fiv~ ~are feet~ provided the dwelling has at least four hundred sevent~-fiv~f~t of additional living area on the same of other floors. Height Regulations The height of all structures within a TH-1 District shall be limited to thirty feet or two and one-half stories, exclusive of basement. Limitation on number of units The total number of units in a group of attached Townhouses ~a!l not exceed ten. Architectural Treatment Architectural treatment of facades of townhouses in a group shall be varied by recessing the fron wall and/or by variation in materials or design so that no more than two abutting townhouses in a group will have the same facades. ?,~r t~ Wall A solid common party wall shall separate each townhouse unit, have a minimum thickness of eight inches and shall be constructed of non-combustible material from the foundation to at least six inches above the roof line, and shall conform to the minimum standards established by Stare'law for approved fire walls, and/or provide further t~at the roof sheathing an~ supports be constructed of fire retardent materials four (4) feet on each side of the party wall to have a two (2) hour fire resistance rating. In order to effect a tight seal between top of party wall and underside of roof sheathing, a two by eight plate made fire retardant by the pressura impregnation process so as to produce a flame spread of not more than 25 shall be secured to t~top of the party wall by the use of one half (~) inch by twelve (12) inch anchor bolts spaced not more than six (6) feet-zero (~) inches on center, with plate to be bedded in mortor. ~ Common Areas In the event common areas are provided which are not contained in lots or streets conveyed to individual owners said common areas shall be maintained by and be the sole responsibility of the developer--owner of the townhouse development until such time as the developer--owner conveys such common area to be a non-profit corporate owner whose members shall be all of the individual owners of townhouses in the townhouse development. Said land shall be conveyed to and be held by said non-profit corporate owner solely for recreational and parking purposes of the owners of the individusl townhouse lots in Lhis townhouse development. In the event of such conveyance by the developer- owner to a non-profit corporate owner, deed restrictions and convenants, in form and substance satisfactory to the Commonwealth's Attorney of the ounty of Chesterfield, Virginia shall provide, among other things, that any assess- ments, charges and costs of the maintenance of such common areas shall consti- tute a pro-rate lien upon the individual townhouse lots, inferior, in lien and dignity only to taxes and bona fide duly recorded first deeds of trust on each townhouse lot. p~ensity_ Density of development shall not exceed ten dwelling units per gross acreage defined as all land within the exterior boundaries of the tract on on which the development is located., including private lots, private drive~ parking area, and recreational areas, public streets and other public or semi- public uses established as part of the development plan. Minimum Acreage Required Each such townhouse development shall have a minimum gross acreage of not less than ten acres. Off-Streen Parking Off-street parking spaces of at least ten feet by ~wenty feet conveniently accessible to ali. dwelling units ~all be provided as follows: - (1) Units with two bedrooms or less - one and one-half spaces. (2) Units with three bedrooms-two spaces. (3) Units with four or more bedrooms-two and one-half spaces. Frontage on public street Whenever the plan for a townhouse project provides for other than one individual ownership, all ~ots shall have frontage on a public street or access thereto by common right-of-way within five hundred feet. Recreational area required An area conveniently accessible to and included within the townhouse development of not less than ten per cent of the gross acreage exclusive of other common area, shall be provided for suitable recreational use bv occupants of the townhouse'development, and a minimum of twenty per cent of such area shall be provided outside by any established flood plan for the County and in no event less than one acre shall be so provided. -' Site Plans to be A~roved and Included in Master Deed A site plan of the recreational facilities shall be submitted to the County Planner for approval and ~n 1 corporatee in the master deed as approved before recording. .O.ccup. aqcy Permits Occupancy permits for townhouses shall be issued only when the recreational facilities have been completed according to approved plan~ or when the whole project, inclu~ding recreational facilities have been fifty (50%) per cent completed, or when the owner-developer furnishes bond with approved surety to the Board of Supervisors satisfactory to the Board. - Upon consideration whereof, and on motion of Mr. Burnett, seconded by Mr. Howard, it is resolved that the Planning Commission recommends to the Board of Supervisors the amendments to Chapter 17, Section 17-5.1 of the Code of the County of Chesterfield as presented, reviewed and re-worded. All vote Aye. On motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that Contract S71,11CD for the constructions of sewers in Providence Green be and it hereby is approved. On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that Contract W71-17D for the extension of a water line along Shamrock Drive be and it hereby is approved. ' At the request of the County Engineer, it is on motion of Mr. Apperson, seconded by Mr. Dietsch, resolved that a portion of Contract W70-17CD previously approved by the Board of Supervisors at this meeting be temporarily held up pending the approval of the Commonwealth,s Attorney concernih~ easements across the State property. There arose a discussion concerning the treatment capacity in several lagoons in the County, and particularly in the Enon area where there is a minimum available connections in the area and it is on the advice of the County Engineer and on motion of Mr. Purdy, seconded by Mr. Dietsch, resolved that the County Engineer is authorized to notify the ~eveloper of Prestwold and Forest Glenn, Section 2, that they have thirty (30) days to obtain sewer connections with the provision that service charge on said connections will begin one (1) years time. There was ~ad a resolution from the School Board requesting an additional appropriation of $16,400 for Library purposes, stating that siad amount would be received from the State during the fiscal year. Upon consideration where- of, and on motion of Mr. Dietsch, seconded by Mr. Apperson, it is resolved that the budget of the School Board be increased $16,400 under expenditures- 41-423-314.1 and to increase the revenue side of the budget by $16,400-41-000_ 654.3. On motion of Mr. Dietsch, seconded by Mr. Martin, it is resolved that the re-districting ordinance for the approtionment of members of the Cheste~fie!d County Board of Supervisors to establish boundary lines of the magisterial districts and to name each magisterial district, be, and it hereby is authorized to be advertised for a public hearing on June 28 1971. ' , On motion of Mr. Dietsch, seconded by Mr. Purdy, it is resolved that this Board accepts and approves the plans for the school warehouse and office build'nc to be located on Krause Road~ ' - ~ On motion of Mr. Browning, seconded by Mr. Dietsch, it is resolved that Mr. John MacInnes be authorized to attend a study course at the zrgmnma Assessor~, Institute at the University of Virginia on June 23 through 25, 1971 On motion of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that a second-hand ambulance be purchased for the Nursing Home at a price of $2,450.00, which vehicle will facilitate the movement of patients, particularly to clinics. This day theArchitects for the addition to the jail, Hinnant, Addison, and Hinnant, presented ten (10) bids for the ~[eneral contractors in the construction of the jail addition, the lowest bid of which was the Century Construction Company of the City of Richmond who submitted a base bid of $.~49,900.00, and there was presented four (4) bids for the iron and steel work and prison equip- ment, the lowest bid of which was the Roanoke Iron and Bridge Works, Inc~, who submitted the bid of $71,465.00, making a total for the two low bids of $421 ~ ~ ,~6~.00 Upon consideration of the bids received and the qualifications of the bidders, it is on motion of Mr. Apperson, seconded by Mr. Dietsch, resolved that the iow bids of each part of the construction be accepted and 'the general construc- tion be awarded to the Century Construction Company and the steel work and equipment bid be awarded to the Roanoke Iron and Bridge Work.~, Inc. It is here noted that Mr. Browning votes No, stating that he is against the air-conditioning of jails. ' - On motion of Mr. Dietsch, seconded by Mr. Browning, it is resolved that Mr. J. A. Fairlamb, Sr. be authorized to conduct a fireworks display at the Southside Speedway, on July 2 1971 provided same meets with the approval of the Fire Marshal. ' ' On motion of .Mr. Browning, seconded by Mr. Dietsch, it is resolved that the .~ Treasurer of the County, Mr. George W. Moore, Jr., be and he hereby is requested to transfer the delinquent Personal Property tax bills for the year 1969 to the Delinquent Tax Collector as soon as possible after July 1, 1971. On motion of Mr Dietsch, seconded by Mr. Purdy, it is resolved that a street light be installed at the intersection of River P. oad and Church Road and that the request for street lights at Dundas and Westwood roads and LeGordon Drive in Midlothian be referred to the Street Light Committee. The discrepancies in the amounts awarded to the Commissioner of the Revenue,s Office by the State Compensation Board was again discussed. The Executive Secretary is requested to write to the Compensation Board for a date to be heard concerning this matter. The Executive Secretary advised this Board that there were certain Federal Programs that would assist localities in the construction and improvement of local jails and that Chesterfield County could qualify for these Federal subsidies. Upon consideration whereof, and on motion, of Mr. Apperson, seconded by Mr. Dietsch, it is resolved that the Executive Secretary be authorized to sion application for Federal grants to aid in the financing of the jail addition in the ~ounty of Chesterfield. On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that the Judge of Circuit Court be requested to re-appoint the following men as Auxiliary Police: Roy L. Vaughan Emmett Eggleston Paul F. Osterbind O.C. Graves Hunter M. Self James F. Clayton James F. Wood Stuart E. Burton Billy R. Young James E. Graham Charles W. Hall Beorge W. Dillon Otis C. Martin Thomas G. Penny And be it further resolved, that the following nameB men be appointed to 'the Auxiliary Police Corps: John R. Beavers Gordon L. Hood Herman L. Paczkowski Whaley M. Colbert Charles R. Watson Robert C. Franch On motion of Mr. Martin, seconded by Mr. Purdy, it is resolved that the Treasurer of the County, Mr. George W. Moore, Jr., be and he hereby is authorized to transfer up to $25,000.00 from the unappropriated surplus of the General Fund to the Welfare Department to cover June expenditures not reimb~sed in time by the State Welfare Department. - There was read the following letters from: 1. E. I. DuPont 'thanking the Volunteer Fire Departments in their efficient action on a "tanker" fire. - 2. State Forester thanking the Fire Departments for aid. ~n forest fires. 3. Mrs. James R. Lewis thanking Trooper J. H. Johnston for his under- standing and consideration. - 4. Mrs. Carol Ballard thanking Detective Marable for his kindness and courtesy. ~ 5. Mr. Alvin S. Mistr, Chairman, Board of Directors, James River Soil and Water Conservation Sistrict, complimenting 'the Board of Supervisors on hiring a Soil Scientist. On motion of Mr. Apperson, seconded by Mr. Dietsch it is resolved that the following resolutions be adopted: ' ~'~HEREAS, the Boy Scouts of Chesterfield County, Shawandasse District of the Robert E. Lee Council did participate in the National Ante-Litter Day, Saturday June 5, 1971, NOW, THEREFORE, BE IT RESOLVED, that Shawandasse District and commended for their work in collecting and removing litter from the highway.. and roads of the county, is recognized = BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Robert E. Lee Council Scout Executive, Peter Barbernitz and the Shawandasse District, Chairman, Dr. John Galloway. On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that the Board of Supervisors of Chesterfield County publicly expresses its support and approval for the proposed amendment to the Federal Constitution Presented by the Honorable David E. Satterfield to the Congress of the United Stat~s, which amendment establishes the right of children to attend neighborhood s'chools. All vote Aye. Mr. Apperson, presents the following suggested resolution: WHEREAS, the annexation court has ruled that is has no jurisdiction on the matter of differences between Richmond City and Chesterfield County on matters not covered by the Code of Virginia and the court order of annexation~ and, WHEREAS, there exists a question as to whether the annexation is valid under the United States Votin~ Rights Act and 'the 14th and !5th amendments to the constitution of the Unite~ States, ~. NOW, THEREFORE, BE IT RESOLVED, that the Commonwealth,s Attorney, acting in concert with other legal council involved in the question of reversion of the annexed area to the County, seek an injuncti6n or restraining order in a court or courts having legal jurisdiction over such matter~, to protect the County in the matter of taxes from citizens in the annexed area, the matter of capital improvement not necessary from County view point, the voting rights of citizens to vote in election for those who will represent them, and other matters of County-City differences. · In discussion it was generally agreed that this matter be held for further consideration. On motion of Mr. Purdy, seconded by Mr. Dietsch, it is resolved that if the County of Chesterfield be required to establish single member districts in its election of the ~s~ ~ ~e~e~~ that this Board of Supervisors recommends that o t d and the City of Colonial Heights be divided as follows: _ Midlothian, Clover Hill and Dale Ma~isteria! Districts be established as one district, and - Bermuda, Matoaca and the City of Colonial Heights be established as another district. It is here noted that Mr. Browning abstains from voting. On motion of Mr. Martin, seconded by Mr. Browning, it is resolved that a building permit be issued to Mr. Don Hodgins on Parcel 9 of Tax Map 10-10, at the end of Hazen Road, provided adequate land is donated for a turn- around and provided that the County of Chesterfield has no responsibility in the construction or maintenance of Hazen Road. On motion of Mr. Browning, seconded .by Mr. Dietsch, it is resolved that letters be sent to members representing Chesterfield County in the Capital Park Authority. On motion of Mr. Apperson, seconded by Mr. Purdy, it is resolved that this Board adjourns at 7:30 P.M. to 7:30 P.M. on June 14, 1971.