10-25-1978 MinutesBOARD OF SUPERVISORS
MINUTES
October 25, 1978
Supervisors Present:
Mr. E. Merlin O'Neill, Sr., Chairman
Mrs. Joan Girone, Vice-Chairman
Mr. J. Rnffin Apperson
Mr. Co l.. Bookman
Mr. R. Garland Dodd
Mr. Nicholas M. Meiszer
County Administrator
Staff Present:
Mr. Steve Micas, County Attorney
Mr. Jeffrey Muzzy, Director of
Conmunity Develotmmmt
Mr. Robert Pm~nter, Utilities Dir.
Mr. Lane Ramsey, Budget Director
Mrs. Girone called the meeting to order in the absence of the
Chairman at the Courthouse at 9:05 a.m. (EDST)
Mr. Bookman gave the invocation.
It was generally agreed to defer approval of the minutes for
October 11, 1978 until later in the day.
Mr. Bookman excused himself from the meeting.
On motion of Mr. Dodd, seconded by Mr. Apperson, the Board
approved and authorized the County Administrator to execute
the following water contracts:
W78-115CD/6(7)8155 Fortune's Ridge
Developer: Brandermill
Contractor: Fred W. Barnes Construction Company
Contract Cost: $72,188.90
County Cost: $28,218.38 Refund through connections
Code: 366-1-11684-7221
W78-116CD/6(7)8165 Walton Park - Off-site
Developer: George O. Gratz, Inc.
Contractor: Lewis H. Easter & Company
Contract Cost: $72,408.00
County Cost: $37,000.00 Refund through connections
Code: 366-1-11684-7221
3. W78-118CD/6(7)8185 Lake Farms, Section "A"
Developer: Commonwealth Development Corporation
Contractor: Bookman Construction Company
Contract Cost: $54,340.00
County Cost: $14,819.00 Refund through connections
Code: 366-1-11684-7221
Vote: Unanimous
Mr. Apperson questioned the mechanics for the above contracts and
Mr. Painter explained that the de~loperswould be puttingup the front-endmon~l~y
Mr. Bookman returned to the meeting.
Mr. Painter stated the cost figures for the requested water
line extension to serve the Watkins Elementary School was
estimated to be $51,500. He stated this included three fire
hydrants which the Fire Department felt were necessary to
insure adequate protection. Mrs. Girone stated the School System
should pay for the line. Mr. Apperson stated he felt the County
should pay for the cost of oversizing the line which would benefit
the County for future growth in the area. Mrs. Girone stated
78-384
III.
B.A.
the School Administration was asked if they would like a water
line at the time the County was going to construct the water
line to the Carriage Hill Subdivision and they decided against
it. Mr. Birdsong stated the cost for the 12"line and the
fire hydrants would be approximately $21,500 and with the
oversizing the same installation would be approximately $27,500.
Mr. Apperson stated that perhaps someone should be appointed
to negotiate with the School Administration the cost of install-
ing the line. After further consideration of the matter, it was
on motion of Mrs. Girone, seconded by Mr. Dodd, resolved that
this water line be installed with the School System paying
for the cost of the 12" water line and the fire hydrants and the
County p~ying,, . the differenceincost_ of overslz~ing' between the 12" and
24 water line which will serve Watkins-Elementary School.
Vote: Unanimous
Mr. Meiszer explained that if the water line extension for
School was considered as a Utility decision we would not be
installing a line; however, since the school does need water
and for fire protection we are~
On recommendation of the Utilities Department, it was on
motion of Mr. Bookman, seconded by Mr. Apperson, resolved that
Sou~thport-Corporationbe~granteda~n~ y~a~extension~t~De~!~, 1979,
on Contract S74-2CD to repay the County $23,971.65 of refunds
still outstanding.
Vote: Unanimous
Mr. Painter stated the County has received a request to
extend the sewer line which is to serve the Midlothian Fire
Station to serve two additional property owners. He added they
have agreed to pay the cost of the extension and further that
Mr. John Smith would like to have the line lowered ~slightl~
t~ serve his~property east of Salisbu~yDriveand hew ill pay$5D0 ~oz ~his
work, any cost for additional stub lines, a ~a~hole if necessary
and will furnish easements. Mr. Painter stated further that
the Texaco and Post properties may want to connect as well but
the easements for these properties have not been worked out yet.
After further discussion, it was on motion of Mrs. Girone,
seconded by Mr. Bookman, resolved that the Utilities Department
include an alternate.sewer extension along Route 60 west of
Salisbury Drive in Contract S78-37C which is to serve the
Midlothian Fire Department for additional property owners to
be included.
Vote: Unanimous
Mr. Painter presented the Board with a list of developer sewer
and water contracts executed by the County Administrator.
On motion of Mr. Dodd, seconded by Mr. Apperson, the Board
denied the counter offer of $750.00 from J. Ivan Archer
and Laura M. Archer for settlement of a sewer condemnation
case on their property involving Old Town Creek sewer line.
Vote: Unanimous
Mr. Meiszer stated the request of the School Board to transfer
the sum of $206,663 from the bond interest earned account to t~
bond fund expenditure account of the School Board was deferred
at the September 27th meeting to this meeting. He stated that
according to the County Attorney, the interest earned from the
investment of the 1976 school bonds is automatically credited
to the school fund unless the Board passes a resolution trans-
78-385
4.A.
4.B.
4.C.
4.E~
ferring the proceeds to the general fund. He stated the real
question is dld'~ the Board want or was it the intent to use the
interest for debt service or for the project or equipment.
Mrs. Girone stated the citizens voted for $29.9 million and that
was all that should be spent on the project. She stated further
that it was her feeling that this money should go to pay the
debt service. Mr. Dodd stated he felt that whatever the
County does in its own business should also be done for the
School Board. Mr. Ramse¥ was present and he stated that
the interest earned from the libraries and sewers go to pay
the debt service. Mr. Ramsey added that last spring the Board
gave the-SchOol Board $400,000 from the interest earned account.
Mr. Bookman and Mrs. Girone inquired why the money was needed.
Mr. Meiszer stated for equipment for the school project.
Mrs. Girone stated the resolution did not cite what the need
was or why it existed, just that the School Board wanted the
money transferred. Mr. Meiszer stated that this issue really
depended on what the financing p~an was in the beginning--if
interest was planned to complete the project or pay the debt
service. Mr. Ramsey stated the School Board in their budget
process budgets money for debt service and interest earned but
this interest is above and beyond that anticipated.
Mr. Bookman stated he would rather have the School Board request
funds for a special need, rather than just ask for funds that
were not anticipated. He stated further it was his inclination
to use it for debt service. After f~rt~ier discussion of the
matter, it was on motion of Mrs. Girone, seconded by Mr. Bookman.
resolved that the interest earned from the bond funds should
remain in the General Fund to be used for the payment of debt
service which is consistent with the policy of the County and
further that the School Board shOuld approach the Board with
a specific need when a financial problem arises rather than
requesting a specific anount of moneywithoutexplanation,
Vote: Unanimous
On motion of Mr. Apperson, seconded by Mr. Dodd, the Board
authorized an amount not to exceed $1,000 from the Dale District 3
Road Funds to do a survey in connection with a cul-de-sac to
be constructed on Yatesdale Road by the Virginia Department of
Highways and Transportation which survey will establish the exacl
location of the cul-de-sac.
Vote: Unanimous
On motion of Mr. Dodd, seconded by Mr. Bookman, the Board
authorized an amount not to exceed $1,000 from the Matoaca
District 3¢ Road Funds to lower the water line at the end of
Aldridge Avenue.
Vote: Unanimous
On motion of Mr. Dodd, seconded by Mr. Bookman, the Board
authorized the County to enter into an engineering contract
with Bremner, Youngblood and King for the ~storm sewer 'to correct
the drainage problems in the Galena Avenue area and approved
an amount not to exceed $2,425 for this service.
Vote: Unanimous
On motion of Mr. Dodd, seconded by Mr. Bookman, the Board deferr~
the request for a street light at SYlvania Road in Matoaca
District until the Supervisor from the area was present.
Vote: Unanimous
On motion of Mr. Dodd, seconded by Mr. Bookman, the Board denied
the request for a street light at the interesection of
78-386
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o
Random Road and Sentinel Lane.
Vote: Unanimous
On motion of Mr. Dodd, seconded by Mr. Bookman, it was agreed th~
the'~ County would pay the electric charges for the street
light on Gill Street,'but would not install an additional Street
glght,~withanyassociated costs being paidfromthe Bermuda District Street
Light Funds.
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Brucewood Drive and Brucewood Court in Brighton
Green, Section 15, Midlothian District.
Upon consideration whereof, and on motion of Mrs, Girone,
seconded by Mr. Bookman, it is resolved that Brucewood Drive and
Brucewood Court in Brighton Green, Section 15, Midlothian
District, be and they hereby are established as public roads.
And be it further resolved, that the Virginia Department
of Highways and Transportation, be and it hereby is requested
to take into the Secondary System, Brucewood Drive, beginning at
0.03mile east of State Route 2104 thence easterly and northerly0.11mile
its intersection with Brucewood Court, thence northerly 0.12 mile
to a cul-de-sac; Brucewood Court, beginning at Brucewood Drive
thence westerly 0.03 mile to a cul-de-sac. These roads serve
31 lots.
And be it further resolved, that the Board of Supervisors
guarantees to the Virginia Department of Highways a 50 ft. right-
of-way for all of these roads. This section of Brighton Green
is recorded as follows: Section 15, Plat Book 26, Page 86,
July 15, 1976.
Vote: Unanimous
Mr. Morris Mason, representing the developers 'of the Bermuda
Square Shopping Center, stated the cost of off,~site drainage
improvements was very high and they would like the County to
participate in this cost. He'stated the shopping center was
very attractive, would bring revenue to the County, they had
improved a very bad location and that they had tried to have
a special drainage district established and the County did not
approve the establishment of the district. Mr. Micas indicated
that the area involved was very small, and the developers of
the shopping center would have had to pay most of the money
because most of the land had been developed already and because
of the amount of runoff that would have come from the shopping
center. He added that there is not a "legal size" but a
"practical size" that is considered when establishing such a
district. Mr. O'Neill joined the meeting.
Mr. Richard McElfish, Environmental Engineer, expressed his
concern for this type of action setting a precedent in the
future. He added that this was only a small development and
the amount requested was small compared to what could be
requested for larger developments. Mr. Dodd stated that the
shopping center greatly improved the area besides bringing
revenue into the County. Mr. Bookman stated he would support
a resolution participating in this cost because the Board failed
to tie this into a drainage district which would have helped
the developers and has opened up developable land for the owners
of land that has not been developed. Mr. McElfish again stated
that because of the asphalt and no retainage of water, the
shopping center would have had to pay for most of it.
Mr. Mason explained the relocation of the sewer ~nJ water lin~
78-387
10.
to accommodate the drainage. Mr. Dodd stated he felt the
County should participate in the cost but he did not want to
set a precedent but this problem has existed for years.
Mr. Bookman stated water, sewer and drainage problems were all
involved. After further discussion of the matter, it was on
motion of Mr. Dodd, seconded by Mr. Bookman, resolved that
this request be deferred indefinitely until a solution could be
agreed upon. .~
Vote: Unanimous
On motion of Mr. Apperson, seconded by'Mr. Bookman, the Board
increased Planned Budget Expense account 768-1-11690-3221 Materials
and Supplies by $100,000 and increased Planned Budget Revenue
account 768-1-00011-0702 Sale of Property and Services by
$100,000 which will allow the Utilities Department to order
supplies earlier becaum.e of slow delivery and will be offset by
future revenue realized.
Vote: Unanimous
There was some question of disposal of unneeded inventory. F~. Meiszer stated
it would be eliminated in the best ~ossible manner.
On motion of Mr. Apperson, seconded by Mr. Bookman, the Board
authorized Mr. George W. Moore, Jr., Treasurer, to negotiate
a short term loan not to exceed $3,000,000 in accordance with
Section 15.1-545 and 1511-546 of the Code of Virginia.
Vote: Unanimous
Mr. Meiszer stated the County has received considerable interest
in Cable Television from residents as well as companies who would
like to supply this service. Mr. Bookman inquired if this
ordinance would prevent the problems experienced in Richmond.
Mr. Micas stated that those problems involved the bidding process
rather than the ordinance. After further discussion of the matter
it was on n~otion of Mr. Apperson, seconded by Mrs. Girone, resolve~
that a public hearing relating to an ordinance on Community
Antenna Television Systems be held on November 22, 1978, at
10:05 a.m.
Vote: Unanimous
On motion of Mr. Apperson, seconded by Mr. Dodd, be it resolved
that pursuant to Section 58-1016 of the Code of Virginia, 1950,
as amended, the County Attorney is directed to enforce the
County's lien for delinquent real estate taxes on the following
parcels of land:
A parcel of land located in the Dale Magisterial District
of Chesterfield County, designated as lot 2 on tax map
52-8(1).
A parcel of land located in the Clover Hill Magisterial
District of Chesterfield County, designated as lot 2, block
A of the Green Pines Subdivision.
A parcel of land located in the Clover Hill Magisterial
District of Chesterfield County, designated as lot 4-1
on tax map 37(1).
Vote: Unanimous
78-388
11.
12.
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On motion of the Board, the following resolution was adopted:
Whereas, The depletion of non-renewable sources of energy
and the related increased costs of energy combines to create a
most serious issue facing citizens of our community, now and
in the foreseeable future; and
Whereas, These same factors contribute to an expanding
rate of inflation which has the potential to seriously affect
the economy of this and other communities; and
Whereas, The Governor of Virginia has designated the Month
of October as Energy Conservation Month; and
Whereas, Chesterfield County, through the VPI & SU
Extension S~rvice, in cooperation with the State Office of
Emergency and Energy Services, is scheduling various energy
cost cutting clinics in the County to acquaint homeowners with
energy/money saving techniques which they might use to conserve
energy.
Now, Therefore, Be It Resolved that the Board of
Supervisors encourages the citizens of Chesterfield to become
and remain energy conscious and to participate in the programs
that will be sponsored by the VPI & SU Extension Service and
the State Office of Emergency and Energy Services and to implemen!
to the greatest extent possible, cost effective energy conserva-
tion practices.
Vote: Unanimous
Mr] Apperson inquired if the Dillon Rule was inoperative in
Virginia would that increase our liability. Mr. Micas indicated
that it did not mean the County would lose its liability but it
would increasethe risk of losir~Moverrment~ity. Mr. Mmiszer stated that
this would mean any funetionthe lawdidnot specifically prohibit
the'.County could perform. After further discussion of the matter,
it was on motion of Mr. Apperson, seconded by Mrs. Girone, the
Board endorsed House Joint Resolution 105, amending Section 3 of
Article VII, which will render the Dillon Rule inoperative
in Virginia and grant to each local govenment all powers not
specifically prohibited by the Constitution, charter or statutes.
Vote: Unanimous
On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved
the following livestock claims in the amounts as indicated
which figures are recomnended by the State Agriculture Department:
1. Ms. Delphine York 30 miscellaneous fowl $ 42.00
2. Mr. Harry Lee Jones Two Pigs 45.00
3. Mrs. George Vaughan Three White Rock hens 9.00
Vote: Unanimous
On motion of Mr. Apperson, seconded by Mr. Bookman, the Board
approved an erroneous tax claim in the amount of $34.92 for
Mr. Sherman E. King for erroneously assessed Personal Property for
1978.
Vote: Unanimous
On motion of Mr. Apperson, seconded by Mr. Bookman, the Board
authorized the Chairman to enter into a real estate sales contract
with Westover Investment~Associates in the amount of $17,500 for
1.15 acres at the Airport Industrial Park which parcel is located
immediately to the south of the parcel now owned by W. C. Pace.
7~-3~9
4.g.
Vote: Unanimous
Mrs. Girone indicated that she felt a plan of development for
the Industrial Park should be initiated. After further
discussion of the matter, it was on motion of Mrs. Girone, seconde~
by Mr. Bookman, resolved that Mr. George Woodall, Director of
Economic Development, bo authorized to prepare a guide on the
plan of development for the Airport Industrial Park.
Vote: Unanimous
Mr. Meiszer read a letter from Ms. Lucy Corr thanking the Board
for the resolution presented to her at her retirement dinner.
Mr. William Steinmetz, of the consulting firm of Simpson and
Curtin which was employed by the Richmond Area Metropolitan
Planning Organization, addressed the Board regarding the air
quality attainment situation in the Richmond Metropolitan Area.
Generally discussed were the air quality standards specifically
with regard to hydrocarbon ~:emissions. The MPO through its
Air Quality Technical Committee has been studying the air
quality problem since early in the year and based upon information
it was able to gather has suggested a resolution to be adopted
by designated localities that will effect compliance with the
.08 parts per million standard for ozone concentration (a measure-
ment related to hydrocarbon emissions) is not attainable by
the 1982 deadline nor is it attainable by 1987 "extended deadline"
There was considerable discussion about the unreasonableness
of the standard and with the lack of scientific evidence about the
standards validity. Also, lacking is the ability to measure
the effectiveness of Transportation Control Strategies prior to
their implementation which yields impossible a reasonable cost/
effectiveness approach to decision making. Mr. Jim Zook, Adminis-
tration Assistance to the County Administrator and who serves
along with Mr. Ruffin App~rson as the County's representatives
to the Air Quality T~nical Committee, suggested that the
Board should meet to discuss further the situation prior to the
November 22 meeting at which action will be requested on the
proposed resolution. Mr. Ste±nmetz stated he would be happy
to meet with any or all the Board to discuss this further. The
Board thanked Mr. Steinmetz for his time apprising the Board
of this matter.
On motion of Mr. O'Neill, seconded by Mrs. Girone, the Board
denied the street light request on Sylvania Road.
Vote: Unanimous
Mrs. Girone stated she had received a letter from Rev. Jeff Kellam
informing her that he could not accept appointment to the Youth
Services Commission. On motion of Mrs. Girone, seconded by
Mr. Bookman, Mrs. Carolyn Camden was appointed to the
Youth Services Commission to replace Rev. Jeff Kellam, whose
term will be effective immediately and expire on October 11, 1981.
Vote: Unanimous
Mr. Meiszer presented the Board with a placque thp Chesterfield
County Highway Safety Commission had been awarded for transporta~l~
safety, representing third place in outstanding public safety
by the Virginia Department of Transportation Safety.
Mr. Meiszer showed the Board members how the County Seal was
designed that is to be placed on County vehicles. Mrs. Girone
askedif the original County Seal wOuld still remain as the official
78-390
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and
17.
County Seal. Mr. Meiszer indicated it would.
It was generally agreed the Board would meet on Friday, October
27, 1978, at 11:00 to discuss Personnel in Executive Session
and would meet with the Sheriff at that time as well.
The Board asked that scheduled sessions to work on the budget
be set as soon as possible.
On motion of Mr. Dodd, seconded by Mr. Apperson, it was resolved
that Mrs. R.. S. Simpers be appointed to the Youth Services
Commission as a representative 'for Be~auda District effective
immediately until October 11, 1979.
Vote: Unanimous
Mr. Meiszer pcesented the Board with a memo from the Virginia
Association of Counties regarding a legislative change to make
Men~al Health/Mental Retardation Chapter 10 Boards optional.
It was generally agreed that this Board not take action on this
matter.
Mr. Micas stated that in order for Senator Fred Gray to handle
a personnel mattef the Board must pass a resolution recognizing
the fact that Fred Gray is a State Senator, waiving the bidding
process and authorizing the County Attorney ~ employ him. After
further discussion of the matter, it was on motion of Mr. Apperson
seconded by Mrs. Girone, resolved that the Board of Supervisors
having been advised in writing that Frederick T. Gray is a memher
of the Senate of Virginia and being of opinion that it is notinthe
public interest to seek to employ counsel through the process of
competitive bidding, the County Attorney, 8teven L. Micas, is
authorized to employ Frederick T. Gray to research certain questioz
in connectidn with provisions of certain sections of Title 2 of
the Virginia Code.
Vote: Unanimous
The Board recessed
Reconvening:
at 12:15 pfm. for lunch.
78S037
In Dale Magisterial District, John E. Harris requested rezoning
from Residential (R-7) to Office Business(O) of a 2.46 acre
parcel fronting approximately 450 feet on Salem Street and located
approximately 30 feet east of its intersection with Strathmore
Road. Tax Map 53-6 (1) parcel 2 (Sheet 16).
Mr. Balderson, Asst. Director of Community Development, stated
the applicant and the residents opposed had not met as planned.
After consideration of the matter, it was on motion of M=. Apperson,
seconded by Mr. Dodd, resolved that this request be deferred until
November 22, 1978, to allow time for the parties to meet.
Vote: Unanimous
78S~188
In Bermuda Magisterial District, Mr. George Sayles requested a Mobile Home Permit
to park a m~bile hm~a on property wbtch he owns and better known as
7~-391
9101 Omaha Street. Tax Map 81-8 (1) Parcel 2. (Sheet 23).
Ms. Sayles was present. Mr, Dodd inquired about the two adjacent
landowners who did not sign the forms. Ms. Sayles stated one
had died. There being no opposition, it was on motion of
Mr. Dodd, seconded by Mr. Bookman, resolved that this request be
approved for a period of five years.
Vote: Unanimous
78SR189
In Dale Magisterial District, Mr. Paul D. Maxwell, Sr. requested
renewal of a Mobile Home Permit to park a mobile home on
property which he owns and better known as 4507 Cogbill Road.
Tax Map 52-11 (1) parcel 4 (Sheet 15).
Mr. Maxwell was present. There being no opposition, it was on
motion of Mr. Apperson, seconded by Mr. Dodd, resolved that this
request be and it hereby is approved for a period of five years.
Vote: Unanimous
78SR190
In Bermuda Magisterial District, Mri Leonard P, Wheeler requested
renewal of a Mobile Home Permi~ to park a mobile home on
property which he owns and better known as 10610 Seminole Avenue.
Tax Map 98-6 (3) Bellmeade, Block 10, Lots 5-14 (Sheet 32).
No one was present to represent the applicant, It was generally
agreed to defer this matter until later in the day.
78SR191
In Dale Magisterial District, ~..Phyllis Creel requested renewal
of a Mobile Home Permit to park a mobile home on property
which she owns and better known as 6620 Creekrun Drive. Tax
Map 66-4 (1) part of parcel 8 (Sheet 22).
Ms. Creel was present and stated that she would be unable to
start building her home as planned because she had been in an
accident, her son had been in an accident as well, and all her
savings had been used while they were unable to work. Mr. Apperson
inquired if she would fix up the area. Ms. Creel stated
the property would be fixed up and that the only reason it had
not been lately was because of the accidents and neither had
been able to work ~n the yard. Ms. Janet Rowe, an adjacent
property owner, stated her opposition to a five year permit
becanse they had made major improvements to the trailer, that
it is only 100' from her backdoor and it was to be out of sight
distance of her home. She stated she would not sbject to a one
or two year renewal. Ms. Creel stated the only improvements to
the trailer were the steps and they were improved so that she
could walk up and down them easily. She stated she did plan
to build as soon as she could financially do so.
After further discussion of the matter, it was on motion of
Mr. Apperson, seconded by Mr. Dodd, resolved that this request
be approved for a period of one year and the fee be waived if
it becomes necessary to request an additional permit after that
time.
Vote: Unanimous
78-392
78SRt92
In Matoaca Magisterial District, Mr. David C, Belcher, III
requested a Mobile Home permit to park a mobile home on
property which belongs to Mr. Joe 'Coxf brother of the applicant,
and better knoWn as 21811 Ferndale Avenue.~ Tax Map 186-4 (1)
parcel 26 (Sheet 52).
Mr. Belcher was present and stated he could not con~act one
adjacent property oWner who is retired. There being no opposition,
it was on motion of Mr. O'Neill, seconded by Mr, Bookman, resolved
that this request be approved for a period of five years.
Vote: Unanimous
78SR193
In Midlothian Magisterial District, Mr. Marvin J. Mitchell
requested renewal of a Mobile Home Permit to park a mobile
home on property which belongs to Ruth Reynolds, grandmother of
the applicant, and better known as 1400 Railroad Avenue. Tax
Map 15-8 (2) Winterfield, Lot 4 (Sheet 7).
Mr. Mitchell was present and stated the Health Department had
given a favorable report, There being no opposition, it was
on motion of Mrs. Girone, seconded by Mr. Apperson, resolved
that this request be approved for a period of five years~
Vote: Unanimous
78SR194
In Midlothian Magisterial District, Mr. William E. Fisher
requested renewal of a Mobile Home Permit to park a mobile
home on property which belongs to the estate of Rosa Medley,
mother of the applicant, and located in the vicinity of 13825
Westfield Road. Tax Map 15-11 (2) Winterfield, Lot 2 (Sheet 7).
Mrs. Draper, ni&c~ of Mr. Fisher was present. There being no
opposition present, it was on motion of Mrs. Girone, seconded by
Mr. Apperson, resolved that this request be approved for a period
of five years.
Vote: Unanimous
78SR195
In Bermuda Magisterial District, Ms. Patricia A. Jordon requested
renewal of a Mobile Home Permit to park a mobile home on property
which belongs to H. N. Waldrop, Jr., father of the applicant,
and better known as 10002 Beaumont Avenue (Sheet 23).
Ms. Jordan was present and stated one adjacent property owner had~
not responded as to whether or not he objected. There being no
opposition present, it was on motion of Mr. Dodd, seconded by
Mr. Apperson, resolved that this request be approved for a period
of five years.
Vote: Unanimous
78S072
In Bermuda Magisterial District, Eugene B. and Shirley C. Call
requested rezoning from Convenience Business (B-I) to Community
Business (B-2) of a ,275 acre parcel fronting approximately 80
feet on Willis Road and located approximately 100 feet west of
its intersection with Quinnford BouleVard and better known as
78-393
2007 Willis Road,
55A (Sheet 23),
Tax Map 82-5 (2) Bellwood Manor, Lots 55 and
Mr. Call was present and inquired if he could use the parcel
as B-1. Mr. Balderson stated he could go back to B-1 and the
former uses. There being no opposition present, it was on
motion of Mr, Dodd, seconded by Mr. Apperson, reSolved that
this request be approved subject to the condition that the use
of this property shall be restricted exclusively for a single
family reSidence and an office and storage area ~warehousing nor
outside storage permitted) for a contracting business.
Vote: Unanimous
78Sl18
In Dale Magisterial District, Henry E. Myers, Jr. requested
rezoning from Agricultural (A) to Convenience Business (B-i)
of a 1 acre parcel fronting approximately 300 feet on Iron Bridge
Road and located approximately 800 feet southwest of its inter-
section with Lori Road; and a 4 acre parcel located 130 feet off
the west line of Iron Bridge Road measured from a point 900
feet southwest of its intersection with Lori Road, Tax M~
95-7 (1) part of parcel 6 and Tax Map 95-8 (1) part of parcel
4 (Sheet 31).
Mr. Myers stated he agreed with the buffering except for Parcel
fO.uz which abuts office zoning to~ the B-2 zoning which parcel
fronts Route 10. There being no opposition present, it was on
motion of Mr. Apperson, seconded by Mr. Dodd, resolved that this
request be approved subject tO a 50 foot buffer provided along
the western and southern property lines of Parcel 6 and that the
buffer consist of the exist±~g vegetation.
Vote: Unanimous
78S131
In Matoaca Magisterial District, James C. Huneycutt requested
rezoning from Agricultural (A) to ~Residential (R-9) of 29 acres
on a parcel fronting approximately 500 feet on Branders Bridge
Road and located approximately 350 feet west of its intersection
with Weldon Street. Tax Map 175-10 (1) parcel 1 (Sheet 49).
Mr. Jeff Collins, representing the applicant was present. He
stated the applicant plans to subdivide 21.97 acres for resident-
i&l use, will leave a 50 ft. buffer between the subdivision and
the cemetary and will leave another portion between the buffer
and cemetary zoned as it is. Mrs. Colson was present a~d stated
she had fought the cemetary years ago, now there will not be
enough land to meet the State requirements for a cemetary and
there will not be enough funds for perpetual care of the cemetary.
She added further that if the restrictions were not legal, the
entire zoning would be null and void. Mr, O'Neill explained that
if a portion of the property were rezoned the restrictions would
not apply. Mrs. Colson stated the cemetary zoning woUld still
be null and void. After further discussion of the matter, it was
generally agreed th~s matter be deferred until later in the day
after the County Attorney could review the case in detail.
78S149
In Clover Hill Magisterial District, Douglas Wray and Margaret
B. Bowman requested rezoning from Agricultural (A) to Residential
(R-15) of 4.31 acres on a parcel fronting approximately 220 feet
on JaCobs Road and located approximately 140 feet west of its
intersection with Newbys Bridge Road. Tax Map 50-15 (1) parcel
15 ~(Sheet 14).
78-394
Mr. Bowman was present and stated he wanted to divide this
parcel and give one to his child to build on. There was
some question as to whether or not this case should be
brought before the Board since the land was divided once
before by court acton and not individual action. Mr. Micas
indicated the law read "any subdivision" of property and did
not address itself to who did the subdividing. There being
no opposition, it was on motion of Mr. Bookman, seconded by
Mr. Dodd, resolved that this request be approved.
Vote: Unanimous
78S150
In Matoaca Magisterial District, George T. Harryman requested
rezoning from Agricultural (A) to Residential (R-15) of 11.4
acres on a parcel which lies approximately 800 feet off the
west line of Woodpecker Road measured from a point approximately
4400 feet north of its intersection with Reedy Branch Road.
Tax Map 146 (1) part of parcel 26 (Sheet 40).
Upon request of the applicant, it was on motion of Mr.
O'Neill, seconded by Mr. Bookman, resolved that this request
be deferred until January 24, 1979.
Vote: Unanimous
78S153
In Bermuda Magisterial District, Whaley M. Colbert and
Dennis F. Harrup, Jr. requested rezoning from Residential
(R-7) to Convenience Business (B-l) of a .5 acre parcel
fronting approximately 102 feet on West Hundred Road and
located approximately 200 feet east of its intersection with
Buckingham Street and better known as 4607 West Hundred
Road. Tax Map 115-10 (2) Snead-Curtis Addition, Lots 5 & 6
(Sheet 32).
Mr. Colbert was present and agreed to the recommendation for
Office Business (0) as suggested by the Planning Commission and
with the conditions they set out. There being no opposition
present, it was on motion of Mr. Dodd, seconded by Mr.
Apperson, resolved that rezoning to Office Business (0) be
approved subject to the following conditions:
Only one (1) access to Route 10 having a minimum of 30
feet of width shall serve the parking facilities.
A ten (10) foot buffer shall be provided along the
east, west and south property lines. There shall be no park!
or structures located within this buffer. Shrubs and
evergreens with an initial height of not less than 4 feet
shall be planted within this buffer area. These plants
shall be spaced no less than 10 feet apart. A landscaping
plan depicting this arrangement and the kinds and types of
trees to be planted shall be submitted to the Division of
Development Review for approval and in conjunction with
final site plan review. All parking areas shall be screened
from view in accordance with the requirements of the Zoning
Ordinance.
Vote: Unanimous
78S156
In Bermuda Magisterial District, John J. MacDonald requested
rezoning from Agricultural (A) and General Business (B-3) to
Light Industrial (M-l) of a 25 acre parcel fronting approximately
450 feet on Ruffin Mill Road also fronting approximately 700 feet
on Woods Edge Road and located in the northeast quadrant of the
intersection of these roads. Tax Map 149-8 (1) parcel 5 and
Tax Map 150-5 (1) parcel 4 (Sheet 41).
78-395
Lg
A representative from J. K, Timmons and Associates was
present rePresenting the applicant, There being no opposition,
it was on motion of Mr~ Dodd, seConded by Mr. Apperson, resolved
that this request be 'approved,
Vote: Unanimous
Mr. Dodd excused himself from the meeting.
78S157
In Midlothian Magisterial District, Midlothian Building and
Supply Corporation requested a Conditional Use to permit the
operations of a building supply firm in an Agricultural (A)
District on a 2.88 acre parcel fronting 310.57 feet on
Midlothian Turnpike and located approximately 2000 feet east of
its intersection with Otterdale Road. Tax Map 15-10 (1) parcel
2 (Sheet 7).
The consulting engineer was present representing the applicant
and stated the conditions were agreeable. There being no
opposition, it was on motion of Mrs. Girone, seconded by
Mr. Apperson, resolved that this request be approved subject
to the following conditions:
The site plan prepared by E. J. Beamon, Jr., consulting
engineer, and presented with the application shall be
considered the plan of development for the parcel in
question.
o
The following conditions notwithstanding the bulk require-
ments as applicable in the Light Industrial (M-I) District
shall apply to this use.
A fifty (50) foot buffer strip shall be provided along
Midlothian Turnpike, No access other than the single
access shown on the site plan shall be permitted through
this buffer area. This access may not exceed thirty (30)
feet width. No other driveways, or parking,· nor any
structures shall be permitted within this buffer. This
buffer strip shall be landscaped' utilizing existing
vegetation augmented by the planting of evergreen trees and
shrubs. A planting plan shall be submitted for approval
by the Division of Development Review in conjunction with
final site plan approval.
A buffer of not less than 25 feet shall be provided along
the western property line. No clearing, grading or other,-
wise disturbance of the natural vegetation shall be permitted.
In cleared areas within this buffer exceeding 100 square feet,
a planting plan shall be ~eveloped and approved as noted
above. In addition,, a buffer consisting of the existing
hedge shall be provided along the eastern property line.
No clearing, grading or otherwise disturbance of the natural
vegetation shall be permitted.
o
Only one (1) sign having an area not greater than 25 square
feet shall be permitted. This sign may be illuminated but
shall not be luminous.
Prior to occupancy, either the existing crossover in front
of the subject parcel shall be closed and a deceleration and
acceleration lane constructed along the west bound lane, or
if the eXisting crossover is not closed, the developers shall
construct a deceleration and acceleration lane on both the
east and west bound lanes of Route 60.
Vote: Unanimous
78-396
78S!58
In Clover Hill Magisterial District, Delores Pilgrim requested
a Conditional Use to permit the operation of a family day care
home in a ReSidential (R-7) District on a 0.5 acre parcel front-
ing 103 feet on Wimbledon Drive, located approximately 100 feet
east of its intersection with Lancers Boulevard and better
known as 6618 Wimbledon Drive, Tax Map 40-~3 (4) Malboro,
Block K, LOt 5 (Sheet 15).
Ms. Pilgrim was present and stated the conditions were agreeable,
There being no opposition, it was on motion of Mr. Bookman,
seconded by Mr. Apperson, resolved that this request be approved
subject to the following conditions:
The applicant shall meet all requirements established by
the State of Virginia for operation of a family day-care home
This Special Exception shall be restricted to Delores
Pilgrim's use only and shall not be transferrable nor run
with the land.
The number of children kept on the premises exclusive of
those having a blood or marriage relationship to the applican
shall be limited to a total of no more than seven (7).
o
Hours of operation and times the children are to be kept
on the premises shall be limited to between 8:00 a,m. and
5:00 p.m., Monday through Saturday. No Sunday operation shall
be permitted.
The care and keeping of children shall be restricted to the
interior of the existing dwelling and/or the rear yard of
the lot in question.
o
No additional structure or addition to the existing dwelling
either in direct or indirect relationship to the operation
of this fam±ly day care home shall be permitted.
7. No sign shall be permitted.
o
This Conditional Use shall expire within two (2) years from
date of approval. Renewal may be permitted upon reappli-
cation and the demonstration that this day care home has not
proved a detriment to adjacent properties.
Vote: Unanimous
78S161
In Clover Hill Magisterial District, Sambo's of Georgia, Inc.
requested an amendment to a Conditional Use (Case #73S013) to
permit a 27 foot building setback and a 6 foot overhang in a
Light Industrial (M-l) District on a 1.12 acre parcel fronting
175 feet on Midlothian Turnpike also fronting 280 feet on South-
lake Boulevard and located in the southwest quadrant of the inter
section of these roads. Tax Map 17-10 (2) Southport, part of
Lot 4 (Sheet 8).
There being no one present in opposition, it was on motion of
Mr. Bookman, seconded by Mrs. Girone, resolved that this request
be and it hereby is approved.
Vote: Unanimous
78S162
In Clover Hill Magisterial District, Mrs, Robert M. Sarver
requested a Conditional Use to permit the operation of a day care
center in a Residential (R-7) District on a 1.01 acre parcel
'78-397
fronting 256,05 feet on Belmont Road located approximately 200
feet south of its intersection with Pippin Lane, and better
known as '5529 Belmont Road. Tax Map 41-9 (1) parcel 9 and
10 (Sheet 15),
Mr. Dodd returned to the meeting.
Mr. Sarver was present and stated the conditions were agreeable.
There being no opposition, it was on motion of Mr. Bookman,
seconded by Mrs. Girone, resolved that this request be approved
subject tO the following conditions:
1. The site plan submitted and dated September 18, 1978, shall
be considered the plan of development for the parcel. No
substantial changes to this layout shall be made without
first obtaining approval from the Commission and the Board.
2. The play area shall be enclosed with a privacy fence (solid
or ornamental) at leastl 48 inches in height. Ornamental
shrubs and trees shall be planted along the exterior line of
the fence, with the exception of that area adjacent to the
parking lot. A landscaping plan shall be submitted in
conjunction with final site plan review, depicting the
kinds and height of these plantings. This plan shall be
approved by the Division of Development R~view.
3. No exterior changes shall be made to the existing structure
with the exception of necessary renovation. The proposed
addition shall be compatible with the architectural style of
the existing structure. Subdued and earth tone colors shall
be used on all exterior facades. Prior to the release of
a building permit elevationdrawings shall be submitted to
the Division of Development Review for approval.
4. One sign, not to exceed eight (8) square feet in area, shall
be permitted. This sign shall not be luminous nor shall it
be illuminated. The sign shall be subdued and earth tone
colors and compatible with the residential character of
the structure,
Prior to occupancy, detailed site plans shall be submitted
to the Division of Development Review for approval.
These conditions notwithstanding all bulk requirements
of the Office Business (O) District shall be applicable.
This Conditional Use shall be restricted to the keeping of
no more than 60 children on the parcel at any one time,
o
Hours of operation shall be restricted to between 7:00 a,m.
and 6:00 p.m., Monday through Saturday. No Sunday operation
shall be permitted.
This operation shall be governed by the minimum requirements
established for such use by the State of Virginia.
10.
Ail outside activities involving children shall be confined
to the play area shown on the accompanying site plan.
Vote: Unanimous
Mr. O'Neill excused himself from the meeting.
78S182
In Clover Hill Magisterial District, Warren Brothers Company
requested a Conditional Use for a borrow pit in an Agricultural
(A) District on a 25 acre parcel fronting approximately 2240
feet on Chippenham Parkway and located at the southeastern
78-398
terminus of Heatherhill Drive.
(Sheet 15),
Tax Map 41-13 (1) parcel 1
Mr. Ludwig was 'present and inquired if he could use the land
up to the slope, }~, Balderson stated this would be permitted
and is taken care of in the Conditions. Mr. Ludwig stated the
conditions were acceptable. There being no opposition, it was
on motion of Mr, Bookman, seconded by Mr. Apperson, resolved
that this request be approved subject to the following condition
Borrow pit operation shall be confined to areas described in
site plan filed with application and attached hereto.
Excavations shall be confined to areas at least 100 feet
from any and all adjoining property lines and at least 200
feet from any dwelling, except that excavations may be con-
ducted within such limits for drainage and erosion control
purposes,
Excavations shall be confined to areas at least 200 feet
from the right-of-way lines of any existing or plated
street, road or highway except where ground level is higher
than road~ Board of Supervisors may permit excavations down
to road level.
o
Building containing power driven or power producing machin-
ery equipment shall be at least 600 feet from all adjacent
property or right-of-way lines or any existing plated
street, road or highway except where Board of Supervisors
specifically permit lesser setback.
Roadways on and all vehicular entrances and exits from
premises on which operation is conducted to any public road
shall be located to secure public safety, lessen congestion
and facilitate transportation, and shall be so maintained
as to eliminate any nuisance from dust to neighboring
property.
Equipment used for production or transportation of materials
shall be constructed, maintained and operated in such manner
as to eliminate as far as practicable-~n~is~, vibrations
or dust which are injurious or annoying to persons living
in vicinity. Processing areas shall be maintained in
safest practicable condition at all times, In no case shall
permitted processing mena~,._ physical safety of persons or
property on public streets or adjoining property. Access
road to processing area shall be fenced and closed to un-
authorized traffic by a gate. Boundary lines of property
wherein such processing ia permitted, shall be posted at
intervals not in excess of 200 feet with signs warning
against dangerous operation being conducted on premises.
Applicants shall submit to Department of Community
Development contour maps showing how land is to be restored
to safe, stable and nseable condition by regrading drainage,
planting or other suitable treatments so that it will resist
erosion and conform substantially with adjacent land
characteristics.
Conditional Use Shall be issued to and for sole use of
Warren Brothers Company and run concurrently with existing
construction contract. Termination of contract or any
extension thereof shall cause permit to become null and void~
Whenever Conditional Use expires, or whenever operation
ceases for any period exceeding twelve (12) consecutive mont!
all plants, buildings, structures (except fences) stock pile.
and equipment shall be entirely removed from premises and
premises shall be restored as required by paragraph 6 above.
$25,000 bond be posted for project as maximum possible
disturbed area is 25 acres and would cost approximately
$1,000 per acre to hydro seed.
78-399
Vote: Unanimous
78S196
In Midlothian Magisterial District, Curtis L. and Alice M.
Rudolph requested rezoning from Con~nunity Business (B-2)
to General BusineSs (B-3) of a 1,5 acre 'parceI fronting
approximately 280 feet on Buford Road and located approximately
125 feet north of its intersection with Route 60 and better
known as 20 Buford Road. Tax Map 18-16 (1) parcel 6.
Mr. Eugene Glenn was present. There being no opposition, it
was on motion of Mrs, Girone, seconded by Mr. Bookman, resolved
that this request be approved.
Vote: Unanimous
78S107
In Clover Hill Magisterial District, Vernon E, LaPrade, Jr.
requested rezoning from Agricultural (A) to Community Business
(B-2) of a 7.6 acre parcel fronting approximately 600 feet on
Hull Street Road also fronting approximately 600 feet on
Courthouse Road and located in the northwest quadrant of the
intersection of these roads. Tax Map 49-7 (1) parcel 6
(Sheet 14).
Mr. LaPrade was present, There being no opposition, it was
on motion of Mr. Bookman, seconded by Mr. Dodd, resolved
that this request be approved subject~to the condition that
prior to the issuance of any building permit.45 feet from the
centerline of Courthouse Road be dedicated free and unrestricted
to and for the County of Chesterfield.
Vote: Unanimous
78SR190
In Bermuda Magisterial District, Mr. Leonard P. Wheeler requeste,
renewal of a Mobile Home Permit to park a mobile home on
property which he owns and better known as 10610 Seminole
Avenue. Tax Map 98-6 (3) Bellmeade, Block 10, Lots '5-14 (Sheet
32).
There being no one present, it was on motion of Mr. Dodd,
seconded by Mr. Bookman, resolved that this request be
deferred until November 22, 1978~
Vote: Unanimons
78S154
In Bermuda Magisterial District, George T. Elder, Jr. requested
rezoning from Agriculutural (A) and Con~munity Business (B-2)
to General Business (B-3) of a 4.81 acre parcel fronting
approximately 663 feet on Jefferson Davis Highway and located
approximately 4000 feet north of its intersection with Happy
Hill Road. Tax Map 133-15 (1) parts of parcels 1 and 9 (Sheet
Mr. Jeff Collins was present r~presenting the aPplicant. There
being no opposition present, it was on motion of Mr. Dodd,
seconded by Mr. Bookman, resolved that this request be approved
subject to the condition,that all automobiles awaiting repair
shall be confined to an area behind the principal building to be
erected on the~parceI, This area shall be entirely enclosed
with a solid fence (either solid board or chain link with wooden
slats) having a height not less than six (6) feet.
Vote: Una~%mo~s
78 -400
.)
Mr. O'Neill returned to the meeting.
On motion of Mr. Apperson~ seconded by Mr. Dodd, the minutes
of October 11, 1978, were approved as amended.
Vote: Unanimous
78S131
In Matoaca Magisterial District, James C, Hunneycutt requested
rezoning from Agricultural (A) to ReSidential (R-9) of 29
acres on a parcel fronting approximately 500 feet on Branders
Bridge Road and located approximately 350 feet west of its
intersection with Weldon Street. Tax Map 175-10 (1) parcel
1 (Sheet 49).
Mr. Jeff Collins again stated the survey indicates the only
portion to be rezoned is 21.97 acres. Mr. Micas stated the
restrictions are legal for the cemetary even if rezoning occurs.
Mrs. Colson emphasized the fact that the cemetary cannot be
se!f-sUfficientwithle~s than9-10 acres, , that she had opposed
the cemetary from the beginning, that the $25,000 which the
owner had just recently put mn escrow cannot be used for
care, that only 10% of t~e money for lots sold can be used for care and it
will not be Sufficient, that she was opposed to the cemetary being
placed there originally and that now the cemetary will become
run down and not taken care of. The 'County Attorney advised the
Board that they were legally empowered to conSider the rezoning
request. After further discussion of the matter, it was on motion of
Mr. O'Neill, seconded by Mrs. Girone, resolved that this r ~equest for rezoning
to Residential (R-9) for 21.97 acres be approved.
Vote: Unanimous
On motion of Mr. Apperson, seconded by Mr. Bookman, the Board
approved an alternate bid from }~i'ller & Rhoads because of the
better quality and a longer guarantee and further that $3,192
be appropriated from the contingency account for the purchase
of the carpet for the Airport Restanrant.
Vote: Unanimous
Mr. Meiszer stated the County had reached 120% of its United
Givers Fund Drive which indicated a 30% increase over last year.
Mr. O'Neill appointed Mr. Apperson to serve on the Stadium
Committee with him and indicated they would solicit two
citizens as well.
Mrs. Girone suggested that khe legislative packet prepared be
discussed at the November 8, 1978 meeting.
On motion of Mrs. Girone, seconded by Mr. Bookman, the Board
adjourned at 5:20 p.m.
Vote: Unanimous
Nidhola§ M. Meisze~
County Administra~o~
E. Merlin O'Neill; Sr/''
Chairman
78-401