05-23-1968 ZoningMEMORANDUM NOTICE - Board of Supervisors
The following cases were deferred from May 8, 1968 to May 23,
19.68, at 4:b0..p.m.:
68-36CS In Midlothian Magisterial District J. W. Keith requests
the rezoning from Residential -Agricultural to Residential -1 on a
parcel of land of irregular shape fronting 1385 ft. ± on Rte. 711
and extending southwestwardly 2600 ft. ±'.to the Southern Railroad
right of way and being 120.0 ft. ± northwest of Rte. 147. Refer
to Sec. 8-16 pt. par.. 1.
68-37CS In Midlothian Magisterial District J. W. Keith requests
the rezoning from Residential -Agricultural to Local Business (C-1).
on a parcel of land of irregular shape.fronting 10.0 ft. ± on Rte.
711 and extending southwestwardly 1150 ft. to the Southern Railroad
right of way and being.110.0 .ft. northwest of Rte. 147.Refer to '
Sec. 8-16 pt. par. 1.
C.
howard a. mayo., jr.
Planning Director
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APPLICATION FOR AMENDMENT TO g--&
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Section
ZONING ORDINANCE Lot or
Block Parcel/
Case No. �p g- 34 5
TO: THE BOARD OF SUPERVISORS OF.CHESTERFIELD COUNTY
The undersigned applicant (is) (are) the owner of the following
legally described property: (Describe property petitioned for change,
and attach plat. Give location by reference to nearest road inter-
section. Dimensions of site must be given.)
Magisterial District.
A Plat of this property is hereto attached and made a part of this
application.
The petitioner_ requests that the Zoning Ordinance be amended to re-
classify this property from R '{� to
or to grant a Use Permit to construct (state proposed use)
THE ANSWERS TO THE FOLLOWING MUST BE MADE COMPLETE AND FULL
1. The person and (his) (her) (their) address owning -and/or oc-
cupying adjacent property to the property sought to be affected (are)
(is):' (Give names of all owners adjacent, across the road, or high-
way and facing the property and any owners across any railroad right -
of way from such property. In the event the property affected is
situated at or within 100 feet on the intersection of any two or more
roads or highways, at or within 100 feet of the intersection of any
road or highway with any railroad right-of-way or at or within 100 ft.
of the intersection of the rights-of-way of any two railroads, give
names of property owners at all corners of any such intersection.
PAGE ONE
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NAME LOT OR TRACT NUMBER MAILING ADDRESS
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2. Such change is necessary because _ G`R '.4,
3. Such change will notbe materially detrimental to the public
welfare nor the property of other persons located in the vicinity
because p
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PAGE TWO
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The Applicant_ herewith deposit_ the sum of ($20.00) TWENTY DOLLARS
to pay the cost of advertising notice of the Hearing of said Board
to act on this request. Check or Money Order must be made payable
to: TREASURER, COUNTY OF CHESTERFIELD.
I/we hereby depose and say that all of the above statements and the
the statements contained in any exhibits transmitted are true.
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APPLI/CANT C
MAILING ADDRESS
6V-3-46 "�' C=:�
TELEPHONE NUMBER
Subscribed and sworn to before me this Lj day of 0a,2jQ
My commission expires &rja& �3 1970 . Qd'6a
NOTARY
PAGE THREE
April 5, 1968
Robert A. Painter
County Engineer
He wants to make it known that sewage is limited
near J. W. Keith property and he has informed Mr. Keith of
this. He will write a letter to this effect if he has time.
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APPLICATION FOR AMENDMENT TO
Section 6-- /
ZONING ORDINANCE Lot or
Block Parcel
Case No. („ 9- J?(?S
TO: THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY
The undersigned applicant (is) (are) the owner of the following
legally described property: (Describe property petitioned for change,
and attach plat. Give location by reference to nearest road inter-
section. Dimensions of site must be given.)
In „ Magisterial District.
A Plat of this property is hereto attached and made a part of this
application.
The petitioner_ request 5 that the Zoning Ordinance be amended to re-
classify this property from - A to
C-(
or to grant a Use Permit to construct (state proposed use)
N . . 79� - _w /1
THE ANSWERS TO THE FOLLOWING MUST BE MADE COMPLETE AND FULL
1. The person and (his) (her) (their) address owning and/or oc-
cupying adjacent property to the property sought to be affected (are)
(is): (Give names of all owners adjacent, across the road, or high-
way and facing the property and any owners across any railroad right -
of way from such property. In the event the property affected is
situated at or within 100 feet on the intersection of any two or more
roads or highways, at or within 100 feet of the intersection of any
road or highway with any railroad right-of-way or at or within 100 ft.
of the intersection of the rights-of-way of any two railroads, give
names of property owners at all corners of any such intersection.
PAGE ONE
• •
NAME LOT OR TRACT NUMBER
MAILING ADDRESS
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131 � ulA la
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9400,
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2. Such change is necessary because '�"t✓
3. Such change will not be materially detrimental to the public
welfare nor the property of other persons located in the vicinity
because
PAGE TWO
The Applicant_ herewith deposit_ the sum of ($20.00) TWENTY DOLLARS
to pay the cost of advertising notice of the Hearing of said Board
to act on this request. Check or Money Order must be made payable
to; TREASURER, COUNTY OF CHESTERFIELD.
I/we hereby depose and say that all of the above statements and the
the statements contained in any exhibits transmitted are true.
APPLFICANT
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MAILING ADDRESS
z� AAAO2�-/ Y/ i/Lc d 3 A
(oq3—(a676
TELEPHONE NUMBER
Subscribed and sworn to before me this y day of r -lel 196S
My commission expires 0C&6VU ,,,? 197d
NOTAR ` �/ /
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PAGE THREE
JoRN W. Kenn, JR.
A. SIMPSON WILLIAMS, JR.
ARTHUR B. DANIEL. JR.
WILLIAM I. BANDAR
J. R. DAVILA, JR.
W. LURE W=
A, WILLIADIS, DANIEL & BAOAS
ATTORNEYS AT LAW
AMERICAN TITLE BUILDING
409 E. 'SLAIN STREET
RICHMOND. VIRGINIA 23219
Mr. Melvin W. Burnett
Executive Secretary
Chesterfield County
Chesterfield, Virginia
Dear Mel:
May 2, 1968
Re: Briar Wood Swim and Racquet Club, Inc.
WILMER L. O'FLARERTY
COUNSEL
643.6G76
AREA CODE. 709
Thank you for advising me that Fred Gray represents some
zoning opponents and I have given him a call to get together with
him.
A use permit from the Board of Zoning Appeals is not legal!
The powers of the Board are set forth in Virginia Code Section 15.1-
495, the last sentence of which says: "The Board shall not have the
power, however, to rezone property or substantially to change the loca-
tions of district boundaries as established by ordinance."
Nothing could be clearer, and last night's action of the
Board, reported in this morning's paper, where the Board granted a
use permit for a 402 unit apartment project isn't worth the paper that
its printed on.
The power to rezone is a legislative function that consti-
tutionally cannot be delegated. The legislative body of Chesterfield
County is the Board of Supervisors and it alone is empowered to zone
pursuant to Virginia Code Section 15.1-493.
The bulk of the present County zoning ordinance is antiquated
and illegal, having been adopted nearly a quarter of a centruy ago. It
needs drastic revision.
You
of cooperation
the reason for
"bullheaded."
know that my attitude and approach has always been one
where possible, and I wanted you to clearly understand
the approach I have taken and that,I'm not just being
Sincerel ,
W. Keith, Jr.
JWK,Jr:ls
CC: Dr. Mrew R. Martin
c/o Bon Air Pharmacy
Bon,Air, Virginia
FREDERICK W. HASSELBACK
OLD GUN ROAD
MIDLOTHIAN, VIRGINIA 23113
,
Inc. Andrew R. Martin
Son Air Fharmacy
2915 Sufoard Road
[ion Aft, Virginia
Dear W. Narti,na
May 20 o 1365
Way i ask that you take inconaideraticn gay reason far
desiring that the -R-A zoning of tater. Sali:Sbury*Old GUM area, not
be changed..
Aftersaving moved 18 tines. in 2s Years of military S=vfce
we Selected.nicbmnd, Virginia,as the place we desired to
establish as our home and educate our four- rAdIdreo. We then
spent six ananths looking for a house to buy, and finally decid-
ed to build a home can 016 tun Road.
The principal reason for selecting this ,area was the IR -A
zoning reqUiteVentS. ale have Bated in.Falls Church and
Alexandria, Virginias and desired never to be famed with that
compact living again.
g resrr aeffully rest that you support the RmA zoning
that #mom exists. 3a the area under. consideration.
Sincerely$,
aQ
F. w. HASSELRACK
(MAY 1968
B ��CI I�IrD 2S
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ANDERSON IS STRU DWICK
RICHMOND UNDERWRITERS - DISTRIBUTORS
CHARLOTTESVILLE INVESTMENT SECURITIES
FREDERICK5BURG MEMBERS NEW YORK STOCK EXCHANGE
VIRGINIA BEACH ASSOCIATE MEMBERS
AMERICAN STOCK EXCHANGE
May 16, 1968
Mr. Melvin W. Burnett
Executive Secretary
Chesterfield County Board of Supervisors
Chesterfield, Virginia
Dear Mel:
RICHMOND, VIRGINIA 23212
913 EAST MAIN STREET
P. O• BOX 1459
TELEPHONE MILTON 4-3071
I know that you know my feelings in the matter of the proposed
rezoning of that area of property in Midlothian District off of
State Route 711, but I did want to write you as a matter of record.
To me, and to many others, it is a shame that the County Board of
Supervisors is even considering this change in zoning. You and
Irvin Horner, unfortunately, are the only two remaining members
of the Board who realize all the time, money, and effort that
went into the original upgrading to RA for this area. I am sure
that you recall that this was done with the full cooperation and
sanction of the Board at that time. It was mutually agreed that
Chesterfield County needed, and needed, badly a restricted area
to attract quality homes and people that would not put a,burden
on the County facilities. To me, the County is now destroying
all that we have worked so hard for, for so many years. In addi-
tion, it is my opinion that the County isnot only breaking faith
with the originators,of the RA zoning, but in addition, is breaking
faith with those people who have bought property and built homes
(quality homes) on the premise that this was a restricted area
and that they had the County's guarantee that this zoning would
be upheld.
Unfortunately, due to previous business commitments, I will not be
able to attend the meeting on the 23rd. However, this in no way
indicates my lack of interest.
Any help that you might be able to give to us to prevent this
rezoning will be deeply appreciated.
Sincerely,
Garnett O. Lee, Jr.
GOL,jr:fga
ij
May 21, 1968
�,��20
Mr. M. W. Burnett ,� R1iAy 1958 �\
Executive Secretary Lr- JaECF1VF,D
Chesterfield Courthouse S�
Chesterfield, Virginia'
Dear. Mr. Burnett,
j On May 15 the Board of Supervisors heard an application for the rezoning
of a parcel of land near Robious from R-A to R-1.
0
THE SALISBURY
CORPORATION
I have been very close to the development of this club and subdivision as
Mr. Keith's Engineer. I have attempted to inform him all along that the standards
of the R -A zoning were very important to the people in that area.
Nine years ago I was one of a large group who helped draft the subdivision
ordinance and made application for the zoning. This zoning was not accomplished
by a handful of people but was entered into and participated in by almost one hun-
dred percent of the landowners. The purpose of this zoning was at that time, and
is today, to set aside a large area as a fine residential community. The Salisbury
Corporation, of which I am president, has developed over 110 homes in the past
few years and one of our most used selling points is that a large portion of this
area is zoned R -A and is further shown on the County's land use plan as R -A and
this plan has been adopted by the 3oard of Supervisors. The residents feel
assured of the protection offered by this particular zoning.
Whereas from a practical standpoint I believe that it is proper to waive the
square footage required for each lot from 40, 000 to 20, 000 square feet, and to waive
the required frontage from 150 to 120 feet. This- is because public sewers are
available. I further feel that on any property developed in this present R -A zoning,
the same waiver should be given where public sewers ar- available. I am equally
sure that to waive any other requirements in the present R-A zoning would be a
gross error. I feel that every acre of the property now zoned R -A can and practically
should be developed with houses having 2, 000 square feet and that the front and
side setbacks should be as is required in the R -A ordinance.
I believe that everyone in the area is in sympathy with the idea of a tennis
and swim club and would support same provided the zoning for that parcel is
restricted to that particular use and nothing else.
Richmond's Distinctive Community
2 - May 21, 1968
I feel that the fine residential community developing in this area is one
of Chesterfield's greatest assets. To effect a rezoning that would destroy the
confidence oft the present and future homeowners in a fine residential neighbor-
hood would be disastrous.
'-All of us in the area will appreciate your giving this your sincere
attention.
JKT: s a
Respectfully,
THE SALISBURY CORPORATION
J. K. Timmons
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PETITION
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TO THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
The undersigned, being residents in Mid-
lothian Ptagisterial District of Chesterfield
County in Virginia and living in such proximity
as to be affected by the land which it is sought
to have rezoned in Cases 68-36CS and 63-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
either or both of such Applications, respect-
fully petition the Board of Supervisors to deny
such Applications:
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PETITION
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TO THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
The undersigned, being residents in Mid-
lothian Magisterial District of Chesterfield
County in Virginia and living in such proximity
as to be affected by the land which it is sought
to have rezoned in Cases 68-36CS and 68-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
either or both of such Applications, respect-
fully petition the Board of Supervisors to deny
such Applications:
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PETITION
TO THE BOARD OFASUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
f
,The undersigned, being residents in Dtid-
lothian Magisterial District of Chesterfield
County in Virginia and living in such proximity
as to be affected by the land which it is sought
to have rezoned in Cases 68-36CS and 68-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
either or both of such Applications, respect-
fully petition the Board of Supervisors to deny
such Applications:
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PETITION
TO THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
The undersigned, being residents in ?'4id-
lothian Nagisterial District of Chesterfield
County in Virginia and living in such proximity
as to be affected by the land which it is sought
to have rezoned in Cases 688-36CS and 68-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
either or both of such Applications, respect-
fully petition the Board of Supervisors to deny
such Applications:
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PETITION
TO THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
The undersigned, being residents in lvlid-
lothian iiagisterial District of Chesterfield
County in Virginia and living in such proximity
as to be affected by the land which it is sought
t,o have rezoned in Cases 68-36CS and 68-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
either or both of such Applications, respect-
fully petition the Board of Supervisors to deny
such Applications:
PETITION
Zi
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TO THL BOARD OF SliPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
The undersigned, being residents in Mid-
lothian Magisterial District of Chesterfield
County in Virginia and living in such proximity
as U'o be affected by the land which it is sought
to have -rezoned in Cases 68-36CS and 68-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
either or both of such Applications, respect-
fully petition the Board of Supervisors to deny
such Applications:
i
PETITION
TO THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
The undersigned, being residents in Mid-
lothian Magisterial District of Chesterfield
County in Virginia and living in such proximity
as to be affected by the land which it is sought
to have rezoned in Cases 68-36CS and 68-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
either or both of such Applications, respect-
fully petition the Board of Supervisors to deny
such Applications:
At,
PETITION
Qj"AL Zj Tia
TO THE BOARD Or,SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
The undersigned, being residents in Mid-
lothian Magisterial District of Chesterfield
County in Virginia and living in such proximity
as;to be'affected by the land which it is sought
to have rezoned in Cases 68-36CS and 68-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
either or both of such Applications, respect-
fully petition the Board of Supervisors to deny
such Applications:
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PETITION
TO THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
The undersigned, beim residents in iV'Tid-
lothian Ea-gisterial District of Chesterfield
County in Virginia and living in such proximity
"1 as to be affected by the land which it is sought
to have rezoned in Cases 68-36CS ando8-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
either or both of such Applications, respect-
fully petition the Board of Supervisors to deny
such Applications:
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PET=
Y
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TO THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
The undersigned, being residents in Mid-
lothian Magisterial District of Chesterfield
County in Virginia and living in such proximity
as to be affected by the land which it is sought
to have rezoned in Cases 68-36CS and 68-37CS,
scheduled for hearing before the Board of
Supervisors on May 8, 1968, believing that they
will be adversely affected by the granting of
' either or both -of such Applications, respect-
fully petition the Board. of Supervisors to deny
such Applications:
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