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01-23-1980 MinutesBOARD OF SUPERVISORS MINUTES January 23, 1980 Supervises in Attendance: Mr. R. Garland Dodd, Chairman Mr. Harry G. Daniel, Vice Ch~rrmsm Mrs. Joan Girene Yr. E. M~rlin O'Neill, Sr. Mr. Nicholas M. Meiszer County Administrator Staff in Attendance: Mr, Elmer Nodge, Direct~ of M~ag~ent Services Mr. Edward James, Dir. of Furchasin Mr. C. G. Mmnual, Asst~ Co. Admin. Mr. Steve Micas, County Attorney' Mr. Jeffrey Pfzzzy, Director of Contmanity Development Mr. Robert Painter, Utilities Dir. Mr. L~ne Rmmsey, Budget Director Mr. Dodd called the meeting to order at the Courthouse at 9:00 a.m. (EST) Mr. Daniel gave the invocation. On motion of Mrs. Girone, seconded by Mr. Bookman, the Beard approved the minutes of January 9 and January 14, 1980, as amended. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. Mr. Daniel commended the Deputy Clerk to the Board~ stating that since he has been reading the Supervisor's minutes he has found them to be very accurate. ' Mr. O'Neill joined the meeting. Mr. Andy Williams, representing the residents of the Beach Road area who experienced flooding of their homes, was )resent. He stated that the Board had received a copy of a ~etter from Mr. Meiszer to the residents indicating that it did not appear the County will purchase their property. He stated that everyone'keeps referring to the heavy rainfall in September/October but that even with minor rainfall their houses are subject to flooding. Ne stated there are no ~auges which are kept on Swift Creek so they have to depend ~nthegauges on FallingCreekfordataand relate it to Swift Creek. He stated in January of 1972 they had water in they~rds but in February, 1979 he had 1 1/3 feet of water in the house and there were no heavy rains. He stated this was 67% of the water flo'w for Hurricane Donna in 1960 which only came in the yards of the people living there. He stated it was obvious that the flow pattern of the creek had changed over the years. He added that Henrico County had provided relief for home owners experiencing the same type of problem there and he would like something done for the residents here. Mr. Meiszer stated that his letter explained that Henrico coUnty had special sanitary district tax funds and public improvement bond funds which Chesterfield does not have available at this time. Mr, Williams stated that the residents felt it was development upstream that has caused their p~oblems, ~r. Daniel stated it was hi~ understanding that since 1955 ~hen the first families move~ into the Rrea that there had %or been any visual evidence,of water approaching the homes intil February and October of,~1979. Mr. Williams stated that cas correct. Mr, Daniel inquired if any studies had been ~ade to document the flow/patterns of the water. He stated he lad heard there had been additional damages downstream as well. {e stated he was concerned that this did not happen ' in ~be future. Mr. Meiszer stated he could not why this explainagain Ylooding occurred but the County has checked with the Weather 80-031 I Bureau for monitoring. Mr Williams stated it was the development lupstream that was causing the additional flow because ev II~s done ~n the wrong direction and the runnFF · .... e~yth~ng II me state~ Swift Creek drains the entire we~r~pg~ggsg~'the County. Mr. Dodd inquired if the data received was from the Falling Creek recording gauges. Mr. Williams stated that it was because there was not a gauge on Swift Creek. He stated one had been there in the 1940's but it was discontinued and the only gauge that could be used was the Falling Creek gauge. Mr. Meiszer stated that they had to realize we had the equivalent of a 50-100 year flood. Mr. Williams stated that it was only 2/3 of the flood in 1960. Mr. O'Neill stated that the residents had to realize they were building in a flood plain with the water coming in the yards then. Mr. Williams stated they did not think that because there was water in their yards they were in a flood plain. Mr. Bookman stated that the County had received 55" of rainfall by October of 1979 for a nine month period and that the averae for a 12 month period was 42" Mr B~n~m~ ...... g .......... ~aueu nnat using the Falling Creek data was not accurate for Swift Creek. Mr. Daniel inquired what had happened because of the recent rainfall. }~. Williams stated they had received .7" of rain and the creek did barely get out of the banks. Mr. Dodd stated that Falling Creek is where the majority of the development has occurred and that there really are no facts or real data on Swift Creek at this time. He stated what was needed was a Corps of Engineers report for this creek. Mr. Bookman inquired about the losses incurred. Mr. Williams stated he did not have insurance for the February flood and lost about $21,000. He stated he did have insurance when the October flood came but there is a maxmmum limit of $10,000 for personal property loss and the insurance adjuster just looked at the loss and gave him the full $10,000 but he felt he lost about an additional $5,000-$8,000. Mr. Bookman inquired if this were =ax deductible. Mr. Williams stated it ~as but he could not deduce anymore because with all the losses he had come =o the aero income tax bracket already and could ~ot deduc~ any additional. He stated be also had structural koss and he added his house was valued at $77,600. %fter further discussion of the matter, it was on motion of 4r. Daniel, seconded by Mr. Bookman, resolved that the County kdministrator and related departments prepare a study addressing ~he issues discussed this morning, concerning themselves ~lso with the future problems, other land that might be involved with no avenues closed as to where or how this information be obtained should it involve the Corps of Engineers or whichever agencmes necessary with a report back to the Board on February 27, 1980. Jote: Unanimous ~r. Painter stated Ms. Elizabeth D. Brandon had requested a ~ater line extension ~o her property on Winterpock Road in Physic Hill. He stated she has agreed to pay ~1,300 for the ~xtension of the water line plus s connection fee of $300 with :he County installing the 16" line and absorbing the additional :ost. Mr. Bookman stated it would be best at this time to install ~ temporary 1 or 2 inch line and then if any other property owners ~anted the line extended further, then install the permanent .arger line and conuecg the Brandon property at that time. ~r. Painter stated the County has had similar situations like this lcd they have had the lines installed and that by installing a :emporary line, those funds would be lost. Mr. Bookman stated ~e did not feel this installation Was needed at this time. After ~urther discussion of the matter, it was on motion of Mr. Bookman, econded by Mrs. Girone, resolved that the Utilities Department nstall a 1 inch temporary water line to serve Elizabeth D. tendon on Winterpoek Road in Physic Hill Subdivision and that 80-032 3o III. the County accept her offer to pay $1,300 for the extension plus a $300 connection fee. Vote: Unanimous Mr. Painter stated he wanted to introduce for the Board's consideration changing the specifications for water and sewsr installation supplies. Mr. Bookman stated he felt the first two changes were acceptable. Mr. Painter stated there may be some contractors present at the Public Hearing scheduled for 10:00 a.m. who might wish to address this matter, It was generally agreed to defer this matter until the 10:00 a.m~ Public Hearing. Mr. Dodd stated he felt the County should install the meter for the Chester Presbyterian Church and pre-school because it would give them the size meter which they should be using. On mol ior of Mr. Dodd, seconded by Mr° Bookman, the Board approved the installation of a larger meter to serve the Chester Presbyterian Church and pre-school which cost to the Church will be the actual cost to the County for such installation and not the full fee since this customer is already on CoUnty service. Vote: Unanimous Mr. Micas stated that the County's ordinance and covenants provided that all applicants for County service are to he charged the same rates and that the County is limited to contributions to be made to charitable organizations for which this does not qualify. Mr. Painter stated problems had been experienced with the taste and odor of water treated at the Falling Creek Water Treatment Plant. He stated if the County intended to continue the operation of the plant some repairs would need to be made. Mr. Daniel inquired what type of repairs were needed. Mr. Painter stated structural repairs including the repairing of joints were the sealant is coming out, rip rap at the ends of the dam, the rePlacing of piping and finished water pumps and the replacement of a control panel for telemetry equipment. Mr. Bookman inquired if these repairs would suffice for three or four years. Mr. Meiszer stated they should be sufficient for operation for about 8-10 years. Mr. Bookman inquired about the sludge treatment. Mr. Painter stated he thought this would have been required before this time. Mr. Bookman stated he thought the County should decide if it wants to maintain Falling Creek as a reservoir. Mr. Painter stated that if the Coenty does not, it should be drained and the dam removed but he felt the residents in the area would be upset. He added that if the Falling Creek plant were abandoned, the County would have to Construct more distribution and transmission lines to the area. After further discussion of the matter, it was on motion of Mr. Bookman, seconded by Mrs. Girone, resolved that the Utilities Department is authorized to make the following repairs to the Falling Creek Plant: 1. Repair the dam as outlined in the Corps of Engineers Report - $20,000 (1980-81 budget) 2. Replace piping and finished water pump - $100,000 (1980-81 budget) 3. Replace control panel for telemetry equipment - $20,000 (1980-81 budget). Vote: Unanimous Mr. Painter presented the Board with a proposed letter and pamphlet to be distributed in the water bills relating to back siphonage of the water supply. It was generally agreed that this information was satisfactory to be distributed. 80-033 5. & 3. Il. Mr. Meiszer stated this time and date had been scheduled to consider an ordinance relating generally to water line extension requirements, costs and reimbursements. Mr. Painter and Mr. Micas explained the changes which would occur if this ordinance as proposed were adopted. Mr. Sam Kornblau, Chairman of the Legislative Committee of the Richmond Home Builders Association stated he felt this would cost them more money hut it would save them time as the County does not always come when they are ready. He stated the home builders were in favor of this ordinance. Mr. Bookman stated he calculated this and thought it would cost about $100-$150 more. Mr. Tom Daniel, Richmond Area Contractors Association's Specifications Committee member, stated they felt this would cost the developers about $50-$75 if they were reading the ordinance correctly and if the County installs the meter. He state ,they were in support of the ordinance change. !Mr. Bookman inquired if tb~y were in favor of the change in testing. Mr. Daniel stated that the Utilities Department did a stu as well as their group in the surrounding areas and both studies were the same. He stated that there was a move to proceed with allowing the use of PVC plastic pipe for water mains and sewer lines, and plastic truss pipe for sewers and they will assist in developing the proper specifications for maintaining County quality. He stated the Specifications Committee was curious how this would effect water testing and checked locally without success, and ended up at the AWWA who did not have any specifications for service lateral testings. He stated they would like to discuss this further with Mr. Painter and others as far as the water specifications for the water services. He stated the ordinance refers to mains and not services which is what they are concerned about. He stated it may not be a problem but they would like to check into this matter further. ~r. Mike August with A & P Water Suppliers, stated they ~ould like to defer approval of the use of gate valves and detector :heck specifications as presented. He stated they would like to have a work session on these matters and make a ~ecommendation. Mr. Daniel inquired how long this would ~ake. Mr. August stated he felt they could review this hatter within 3 or 4 weeks. Mr. Daniel inquired if it were ~n either or situation regarding thm detector checks. Mr. ~ugust stated that if "A" was not available then "B" could ~e used. He stated the contractors would use the valves :pecified until the Board acted on this change. Mr. August ntroduced approximately 10 gentlemen who were present Fepresenting contractors, manufacturers and developers. 4r. Stamie Lyttle stated he would like to see items 3 and 4 ieferred at this time as there may be some problem with the zalves and all suppliers could have some input. He stated it was the concensus of the contractors to support the ordinance ~hange as the present procedure is cumbersome to complete that :he jobs because of breaks, etc. He stated that this would ~equire close coordination on elevations for the meter boxes as lay cause a problem. He stated the additional cost should ~e about $50-$75 but this would help the waiting problem ~hey are always experiencing. Ir. John Smith was present and stated that a lot of counties and :ities are moving away from the AC pipe because of its fragile ature and because of its asbestos content. He stated he felt study should be made as to whether or not the AC pipe should e continued to be Used, the policy regarding it modified or phased ut completely. r. Bookman indicated he was not ready to act on the ordinance s he had received a copy of it only this morning. Mr. Daniel rated he was ready and willing to work with the contractors, he staff and the Board regarding this matter. After further 80-034 VII. VIII. discussion of the matters, it was on motion of Mr. Bookman, seconded by Mr. Daniel, resolved that action on the proposed ordinance be deferred until February 13, 1980, that items 1 and 2 of the changes in water and sewer specifications as filed with the papers of this Board be approved and that consideration of items 3 and 4 of the water and sewer specifications be deferred until February 27, 1980. Vote: Unanimous Mr. Bookman thanked the associations and the distributors for their input in working out the best solutions. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved the following adjustments of appropriations for water and sewer projects: 1. Sherbourne United Methodist Church - S79-123CD Appropriated from 573 Surplus $3,000.00 to 380-1-79235-7212 (cash refunds). This was approved November 28, 1979. Irongate Subdivision - W79-98CD. Appropriated from 563 Surplus $3,773.80 to 380-1-69982-4393 (construction contracts). This additional amount is due to additional rock. Vote: Unanimous Mr. Painter stated the County had received a request for an extension of time on Sewer Contract No. 7(7)9671 from CAJP Utilities, Inc. Mr. Daniel inquired if there would be any cost to the County. Mr. Painter stated maybe some inspector's time but they did reconmzend approval. On motion of Mr. Daniel, seconded by Mr. O'Neill, the Board approved the request from CAP Utilities, Inc. for a 29 day extension of time to'January 31, 1980 on Sewer Contract 7(7)9671, which is change order No. 1. Vote: Unanimous Mr. John Henson was present representing the request from Mr. O. H. Harris for a minimum of 528 sewer connections for the Batte and Justice property. He explained that Mr. Harris and others are proposing to develop the Batte and Justice properties which are in the Michaux Creek Drainage area and they wish to have 528 of the 571 sewer connections reserved for their use prior to expending funds to develop and construct a sewage pump station. Mrs. Girone inquired if the prior owners of the land had been asked and agreed to participate. Mr. Painter stated the former owners did not agree to participate ~riginally. Mr. Henson stated Justice and Batte were not involved either, just Salisbury. Mr. Painter stated there is an area in the drainage area that will not be served and the devel~perswill have to obtain an easement across the property and ~hat the County may have to condemn. He stated further that zhere are schools and other people who may need connections and 3eco~ends going only with 500 connections. Mrs. Girone inquired if the County ever reserved connections before. Mr. Micas s~ated ~ly to some dagreeintheBrm~dermillcase. Mr. Harris stated the ow acrs intended to build a pump station in lieu of giving a cash fee ;hich was felt to be best at this time. Mr. Bookman stated he ~elt the matter needed further study, Mr. Dodd stated he, too, felt further study would be recommended as more preliminary work needs to be done. Mr. Meiszer inquired if the easement were not obtained, what would happen to the project. Mr. Henson stated the project would continue as planned. Mr. Harris stated they were proposing 36 months for completion and if at that time they were no~ ready to perform the County would not be obligated to commit the connections. Mr. Painter stated there was some ~uestion regarding who would pay for oversizing as well. ~r. Bookman stated he was not ready to put funds into something )f this nature until Clover Hill had some relief. Mrs. Girone 80-035 3. XIII XIV XIV stated a lot was involved after reading paragraph 7. After further discussion of the matter, it was on motion of Mrs. Girone, · seconded by Mr. O'Neill, resolved that the Board of Supervisors approves tentatively of the concept of reserving 500 sewer connections over a 3 year period subject to Mr. Painter bringing the details of the contract back to the Board for final determination and subject to the regulations and requirements of the State Water Control Board and EPA. Vote: Unanimous Mr. O'Neill excused himself from the meeting. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board deferred consideration of acceptance of a compromise settlement with Central Fidelity Bank of amount .owed by G. M. Development under Contract S72-28CD, SturbridgeVillage, until February l3, 1980. Ayes: Mr. Dodd, Mr. Daniel, MrJ Bookman and Mrs. Girone. Absent: Mr. O'Neill. It was generally agreed to eliminate consideration of a request from Mr. Don Hodgins to extend public sewer to his property on Buford Road from the agenda. On motion of Mr· Bookman, seconded by Mrs. Girone, the Board approved the employment of LeWis & Owens, Inc. with the fee to be 7.25% of the construction cost for the design of sewer lines for the Estridge Subdivision· Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. Mr. Painter presented the Board with a copy of developer water and sewer contracts executed by the County Administrator. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved and authorized the CoUnty Administrator to execute a deed of dedication accepting on behalf of the County the conveyance of a 20 ft. strip along Hensley Road and Sprihg Run Road, Clover Hill Magisterial District. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board authorized the refunding of the $100 application fee to vacate a right-of-way in Normandale Terrace Addition, Section C, Bermuda District, to Mr. Larry M. Barrett. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs Girone Absent: Mr. O'Neill. · · On motion of Mr. Dodd, seconded by Mr. Bookman, the Board authorized the Right-of-Way Engineer to negotiate for the purchase of a right-of-way along Ramblewood Road in Bermuda District from Mr. Robert R. Whorley for an amount not to exceed $12,000 but to attempt to settle for less. It is noted the recent appraisal for this property is $10,000. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mr. Dodd, seconded by Mr. Daniel, the Board authorized the Chairman and County Administrator to execute a deed of dedication by and between Ocie D. Adkins and Shirley Adkins and James A. Moores and Mary M. Moores and the County for 2,38& ft. along 0kuma Drive, Project No. DD77-02/14, 80-036 XIV. 2. b. Map Section 135-5, Bermuda District. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone. Absent: Mr. O'Neill. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved and authorized the Chairman and County Administrator to execute a deed of dedication by and between Graham T. Banes and Elizabeth E. Banes and the County for 1,001.67 ft. along Fairpines Road, Map Section 51-14, Clover Hill District. Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Oirong'. Absent: Mr. O'Neill. Mr. O'Neill returned to the meeting. On motion of Mr. O'Neill, seconded by Mr. Bookman, the Board awarded sewer contract 7(7)9501, Oakland Avenue, jointly to G & T Construction Co., Inc. and Piedmont Construction Co. in the amount of $21,172.00, with Piedmont Construction Co. furnishing the performance bond for both companies, and further the County Administrator was authorized to execute any necessary documents. Vote: Unanimous Om motion of Mr. Daniel, seconded by Mr. Bookman, the Board deferred consideration of a street light request on Goolsby Avenue until February 13, 1980. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved the installation of a street light at the intersection of Pulliam and Trent with any associated costs being expended from the Midlothian District Street Light Funds. Vote: Unanimous' On motion of Mr. Bookman, seconded by Mr. Dodd, the Board authorized staff to prepare necessary advertisements for a public hearing to consider the prohibiting of through truck traffic in Genito Estates and Oakhaven Subdivisions for February 27, 1980 at 5:00 p.m. 7otc: Unanimous tr. Muzzy stated his office had contacted members of the [978 Con~nittee involving the dress rehearsal census and none cere interested in serving on the 1980 Correct Count Committee ~or the 1980 Census. He suggested contacting the Richmond Regional Planning District Commission to see if something could be done regionally to serve the County. Mr. Daniel and Mr. Dodd indicated their concern that they did not want the count to be inaccurate as some federal funding depends on population figures. Mrs. Girone stated she had a good attendance at her latest Monday meeting and she had inquired if anyone were interested in the 1980 Correct Count Committee and she did not ~eceive any response. Mr. Muzzy stated this was a report and ~o action was needed at this time. was generally agreed to defer consideration of the drainage ~roblem in the Marlboro Subdivision. motion of Mr. Bookman, seconded by Mr. O'Neill, the Board r~ze~.~M?.virorm~ntalEn~ineerir~ to alter pipe on Swan n ~z~m~nson Terrace in an amount not to exceed $1,000 for materials only with funds coming from the 3¢ Road Funds Clover Hill District. ore: Unanimous 80-037 This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Burge Avenue Extension in Bermuda District. Upon consideration whereof, and on motion of Mr. Bookman, seconded by Mr. Daniel, it is resolved that Burge Avenue Extension in Bermuda District, be and it hereby is established as a public road. 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, Burge Avenue Extension, beginning at the intersection with Willis Road~ State Route 613 and running northerly .32 mile to end in a cul-de-sac. This road serves commercial lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 60' right- of-way for this road. This section of Burge Avenue Extension is recorded as follows: Plat Book 35, Page 39, January 8, 1980. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his e~mination of Courthouse Road and Krause Road, Dale District. Upon consideration whereof, and on motion of Mr. Bookman, seconded by Mr. Daniel, it is resolved that Courthouse Road and Krause Road, Dale 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, Courthouse Road, beginning at the intersection with Krause Road and running westerly .22 mile to a dead end; Courthouse Road, beginning at the inter- section with Krause Road and running easterly .29 mile to a dead end; Krause Road, beginning at the end of existing Krause Road, State Route 903, and running northerly .28 mile ~o_~tar{e~t with ~Cour~hQuse Road~ We h~re~y reque$~ the VOH&T waive ~i~rem~a~ ~ora~oono~d%m~q~nten~nce ~ee. ~ne~ty~L1, znremnm, guaran~%r~e B~rr~ce oz toe .streets ±or uuue ~ zurbner resolved, that ~e ~oJ~d of Supervisors guarantees to the Virginia Department of Highways a variable width right-of-way for Krause Road and a 100 foot right-of-way for Courthouse Road. Vote: Unanimous This day the County Environmental Engineer, in accordance with directions from this Board, made report in writing upon his examination of Belrun Road, Belrun Court, Belrun Place, Walderbrook Road, Walderbrook Court and Delft Road in Belfair Village, Clover Hill District. Upon consideration whereof, and on motion of Mr. Bookman, seconded by Mr. Daniel, it is resolved that Belrun Road, Belrun Court, Belrun Place, Walder5rook Road, Walderbrook Court and Delf Road in Belfair Village, Clover Hill District, be and they hereb 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, Belrun Road, beginning at its intersection with Belmont Road, State Route 651, extending northwest .06 mile to the intersection o~ Belrun Court and Belrun Place, then northwest .05 mile to the intersection of Walderbrook Road, then northwest .05 mile to the intersection of Delft Road then .05 mile to the intersection of Belfair Drive, State Route 2289, and existing gelrun Road, State Route 2290; Belrun Court, beginning at its intersection with Belrun Road, extending southwest .05 mile to a cul-de-sac; Belrun Place, beginning at its intersection with Belrun Road, extending northeast .05 mile to a cul-de-sac; Walderbrook Road, beginning at its intersection with Turner Road, State Route 650, extending northeast .06 mile to the intersection of Belrun Road, then northeast .05 mile to where Walderbrook Road turns into Walderbrook Court; Walderbrook Court, beginning at the point where Walderbrook Road turns into Walderbrook Court, extending northwest .07 mile to a cul-de-sac; Delft Road, beginning at its intersection with Turner Road, State Route 650, extending northeast .06 mile to its intersection with Belrun Road. These roads serve 65 lots. And be it further resolved, that the Board of Supervisors guarantees to the Virginia Department of Highways a 50' right-of-way for all of these roads except Belrun Court, Belrun Place and Delft Road which have a 40' right-of-way. This section of Belfair Village is recorded as follows: Plat Book 24, Pages 1 and 2, April 4, 1975. Mr. P~zzy presented the Board with a aopy of a letter regardin~ evaluation of present policies md ordinances which his department ~guld Iike authorization to distribute to people doing business in the County. Mrs. Gironm stated she felt this would bring constroctive criticism which she felt was needed. Mr. Daniel stated he hoped this was designed so that people ~uld be open and give their hunest 6pinionso He added he felt this was a good marketing research practice. Mr. Dodd stated Cu~a,~ity Development could ga~her the information md funnel it through the Planning Co~nission for the purpose of evaluation ~%d c~rm~t for ~e Board of Supervisors. On motion of Mrs. Girone, seconded by Mr. Hookman, the Board approved the letter to be sat to developers, contractors, etc. as attached. Vote: Unan~ Mr. Bookman welcomed several members from the Clover Hill area who were present at the meeting. On motion of Mr. O'Neill, seconded by Mr. Bookman, the Board waived the application fee before the Board of Zoning Appeals for Mr. Larry Jones. Vote: Unanimous Mr. Mnzzy stated he was working with the County Attorney's office at this time to prevent such problems as Mr. Jones experienced so that he would not have to make applications before each Board. Mrs. Dottle Armstrong was present representing the Heritage Cormnission. She stated that the Commission was recommending that the Board of Supervisors ask that a study by Community Development be done to define an area which should be designated as a Courthouse historic district and submit it to the Board for consideration. She stated the Courthouse area was losing its identification, that trailers and a new addition to the building were being added, that the County Seat should remain an outstanding historic area such as Castlewood and Magnolia Grange, the Old Jail and the old Trinity Church on the corner of Kranse Road. She stated the Board should use planning and preserve the past. She stated she would like to see historic interest and protectiveness of the Courthouse area come about and urges the Board to adopt a resolution declaring the Courthouse Area an historic district. Mr. O'Neill stated the citizens of the County forced the 80-039 government to build the addition because it was the Cheapest way to go which indicates the people were not concerned. He stated ~hey were not concerned with building new structures beside the old. Mr. Dodd stated he did not feel designating a historie district would have anything to do with the development of vacant land near the Courthouse. Mr. Micas stated it would nat preclude any use of the land, it would allow the County to review the design and exterior of the buildings only. Mr. Bookman stated the precedent has already been set with office bUildings surrounding the Courthouse, a 7-11 and a bank. Mr. Micas stated the designation would also allow for the County to purchase a sign easement at fair market value by condemnation if it were not available for purchase, and "Mr Daniel s ' tared he felt the County Attorney should be authorized to draft an ordinance designating an area around the Courthouse as historic. He stated it would not preempt development but since the government has decided to stay in this area for 200 years, it would provide some review of the buildings in the area. Mr. L.L. Cashion was present and stated he was very interested in history and the historic area surrounding the Courthouse. He stated the government should have vision and preserve this area. He stated the past should guide and inspire us, the present should direct us and the future should challenge us. He stated the tourist business is the largest in Virginia and Chesterfield County. He stated the County is developing so fast that we should stop and look at what is happening. He stated that everyone realizes the potential of Chesterfield County and that is why they are relocating to this area but a day of reckoning will come and we will have to stop. He stated the people want the area to remain as a historic area and he recormnends the Board do so. Mrs. Girone stated she had received a call from the Ban Air Historic Society and they were in favor of the Courthouse area being designated as historic. Mrs. Julie Daffron was present and stated she supported tha Reritage Con~nission's views. She stated that a recreational facility or something of that nature would be more appropriate for the area across from the Courthouse. She added that zoning should be accomplished in order to help the people and that some assurances should be taken now while the area is still healthy and wholesome. Mr. O'Neill stated he is interested in history but that designaging the Courthouse area as historic will not block anything that might be proposed within 10 miles. He stated his views are still consistent regarding the integrity of the area, but that he will not be against some development he feels is right for the area. Dn motion of Mr. Daniel, seconded by Mr. O'Neill, the Board suthorized the County Attorney and the staff of Community Development to designate an area surrounding the Courthouse for consideration as historic and report back to the Board )n February 13, 1980. /ate: Unanimous )n motion of Mrs. Girone, seconded by Mr. Bookman, the Board 1. Decreased Planned Budget Expense account 330-1-95446-4693 Dale District Contingency account by $47,000 and increased Planned Budget Expense account 330-1-95402-4112 Bird Park Improvement to Sites by $47,000. Decreased Planned Budget Expense account 330-1-95446-4695 Midlothian District Contingency account by $54,600 and increased Planned Budget Expense account 330-1-95411-4393 Midlothian Annex COnstruction Contracts by $54,600. 80-040 10. Vote: Unanimous On motion of Mr. O'Neill, seconded by Mr. Bookman, the Board declared Unit #53, 1967 Ford C9501 Fire Engine, as surplus and authorized the County Administrator to negotiate the sale of this unit and accept best offer on behalf of the County. Vote: Unanimous Queensmill BrandermillC°rp' Mr. Meiszer stated the next item was to consider bids for the Midlothian Library. Mrs. Girone stated that going with the bid for buckstaff furniture would ~ot run over the budget for this project as indicated. She stated she felt the wooden furniture would last longer as it was heavier and sturdier. Mr. Jim Bradley of Br0wnston Equipment Company was present. He stated the base bid and an alternate were requested and he did not feel it was fair that the bid was being awarded on the alternate. Mr. O'Neill asked Mr. Bradley if he had bid the alternate. Mr. Bradley indicated he did not. Mr. Manuel stated it was not unusual to have a base bid and an alternate. Mr. Bradley stated that another vendor had submitted a lower bid on the shelving, that Delta Graphics was charging $10,000 more for a few extras like tee struts, metal book supports an book stops which he felt was very high. He stated there was no comparison in the bids because no one else chose to bid the alternate. Mr. Hodge stated the construction of the furniture and its binding makes a difference of how long the equipment will last. He stated that the Brownston Company was awarded a bid which should have had furniture installed on December 7, 1979 and they are installing it today and he felt this should be taken into consideration. Mr. Biadley explained that the building was not ready for the steel stacks so they had asked the manufacturer to hold up delivery. Mr. Dodd returned to the meeting. Mr. Micas stated he was legally satisfied as to the acceptance of the Delta Graphics bid. After further discussion of the matter, it was on motion of Mrs. Girone, seconded by Mr. Bookman, resolved that the Board a6~p~ the bid of Delta Graphics for the furniture at the Midlotkian Library in the amount of $63,661 for buckstaff wood furniture with metal stacks. Vote: Unanimous Mr. Bookman stated he was concerned about the irregularities and the accusations made. Mr. Bradley stated he was not making any accusations but was just expressing his opinion. On motion of Mr. Bookman, seconded by Mr. Daniel, the Beard approved the requests from the following organizations for bingo and/or raffle permits for calendar year 1980 and further authorized the County Attorney to draft an ordinance which would allow the County Administrator to approve these requests: Manchester Athletic Association James River Lions Club Gordon Athletic Association Vote: Unanimous On motion of Mr. Daniel, seconded by Mr. Bookman, the Board approved the following erroneous tax claims for payment and further authorized the County Administrator to approve the payment of any such claims not to exceed $1,000 each and bring any claims in excess of $1,000 to the Board for consideration: ~ambles C & M Leas~g Co. 1979 Personal Property $ 183.96 ~1 In Company 1979 Personal Property 48.20 ~l~a R. Willi~am 1979 Duplicate Assess~nt 10.50 1979 Personal Property 369.07 1979 Personal Property 259.35 80-041 13. 14. Vote: Unanimous On motion of Mr. O'Neill, seconded by Mr. Daniel, the Board authorized the County Administrator to approve livestock claims submitted to the County for the destruction of livestock by unknown dogs in an amount not to exceed $500.00 each and to b~in back to the Board for action any claims exceeding that amount. Vote: Unanimous Mr. Richard Engard, Principal of the Vo-Tech Center, was present to ask the Board's support of a program by which second year students could construct homes for resale. He stated the students would receive experience in building a home, follow all the procedures necessary applying for building permits, students involved in accounting would handle that aspect, drafting students would design the home, landscaping would be done by the horticulture students, etc. He stated there was some County owned land adjacent to the Courthouse Green Subdivision which they would like to build on, the homes would be compatible with the area, there are about 10 lots that could be subdivided for homes to be constructed, they would build approximately 1 home every 1%-2 years, and they would use the building inspector's office and other necessary County offices for each project. Mr. O'Neill inquired about the disposing of County land and the liability involved. Mr. Micas stated the Board could dedicate the land to the School Board with the money being put back into the School Board funds. Mr. Engand stated the students' school insurance would cover them. The Board inquired if this had been done in other areas. Mr. Engard stated Fairfax County had been doing this for some years and Petersburg is in the process of finishing the first home. He stated the Richmond Home Builders Association is in favor of this as well. He added that North Carolina is doing this as it is allowable under the law. He stated he had talked with a building supply firm who is willing to give them the material under an extended invoice of about 3 years with no interest, and they will pay them when the house is sold. Mrs. Girone inquired about the instructors. Mr. Engard stated that the instructors are people who have earned their living in the construction business. Ne stated the reason it would take 1%-2 years is because the students will work on the homes only about 2 hours a day. Mr. O'Neill inquired if this land had drainage problems. Mr. Engard stated he would contact Community Development regarding this matter. Mr. Daniel stated he saw a presentation on the proposal and was enthusiastic. He stated he had some legal questions but if the County Attorney would assure the Board that everything was done correctly, he felt this was good experienc~ and training. Mr. Eugard stated the School Board had given their support and endorsement as well. After further consideration of the matter, it was on motion of Mr Daniel Mr. O'Neill, resolved that the Board ~pproves't~%c~g%Jp~Yof the Vo-Tech Center establishing a program for second year construction students building homes for resale on land adjacent to the Courthouse Green Subdivision as describmd with details to be worked out by the County Attorney and County Administrator. Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved the request of the Treasurer and authorized the destruction of real estate and personal property tax receiPts for 1974 and 1975 which receipts have been microphotographed or photographed which authorization is in compliance with Section 58-919.1 of the Code of Virginia, 1950, as amended. Vote: Unanimous 80-042 Mr. Meiszer distributed copies of a letter from Dr. Sullins regarding the road standards for Second Branch Road and copies of a letter from the State Department of Highways and Transportation notifying Chesterfield that the County's subscription bus service project proposal had been approved for implementation with allocations of up to $61,400 for the first year of operation. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board authorized the County Administrator to advise Senator A. Joe Canada, Jr. that the Chesterfield County Board of Supervisors is in total support of the bill he has introduced to the Senate to prohibit the sale of drug paraphernalia in the Commonwealth of Virginia. Vote: Unanimous On motion of Mr. Bookman, seconded by Mrs. Girone, the Board authorized the County Administrator to execute any necessary documents accepting the funds from the State Department of Highways and Transportation for the Subscription Bus Service ~oject in Chesterfield County which funds have been approved the amount of up to $61,400 for the first year of operation of the program. Vote: Unanimous It was generally agreed by the Board that they would meet with the Volunteer District Fire Chiefs on February 13, 1980 at 6:00 p.m. at the Airport Restaurant for dinner. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board appointed Mr. k L. Gavle. to the Appomattox Basin Industrial Development orporatzon effective irmmediately until C ~ December 31, 1981. ' Vote: Unanimous On motion of Mrs. Girone, seconded by Mr. Bookman the Board reappointed: , 1. Mrs. Carrie Rogers to the Capital Area Agency on Aging 1 effective February 28, 1980 until February 28, 1983; and 2. Mrs. Gerald J. Beach, representing Midlothian District, to the Mental Health and Mental Retardation Services Board effective January 1, 1980 until December 31, 1982; and further the Board appointment Mr. Harry G. Daniel to the Richmond Regional Planning District Commission~ effective January 1, 1980 until December 31, 1980. Vote: Unanimous Mr. Daniel stated he had discussed the possibility of Mr. Apperson .bezng reappoznted to the Central Virginia Health Systems Agency and Mr. Apperson indicated he felt someone else might better serve and as far as the Chesterfield-Colonial Heights Board of Social Services Mr. Apperson indicated he would continue to serve until June, 1980 when his term expires and reassess the appointment at that time. Mr. O'Neill stated he had received a letter from the Vice Mayor of Colonial Heights requesting the Board to ask the State Health Commissioner to reconsider his decision denying the CAT machine for Petersburg General Hospital. Mr. O'Neill stated the Govenor had announced he would not overrule the Health Cc~m~ssi~aeri~thismat~er' After furtherdiscussi~ofthematter, it~as 80-043 ~n motion of the Board, that the following resolution be adopted: Whereas, the Petersburg General Hospital is a 467 bed general acute care facility operated by the Hospital Authority of the City of Petersburg, serves a primary service area of 171,500 and an overall patient care area in excess of 240,000 residents in Southside Virginia; and Whereas, the hospital provides a full range of diagnostic and professional medical services for this patient population; and Whereas, good medical practice required the introduction and use of the modern scientific technology; and Whereas, Southside Virginia does not now have a whole body computerized axial tomography machine, which is deemed an essential and vital service by the medical staffs of three hospitals located in Southside Virginia; and Whereas, the Petersburg Hospital Authority has caused a survey to be made which indicates an urgent and overwhelming need for the CT Body Scanner; and Whereas, patients from Southside Virginia currently must be transported a minimum of 25 miles at great expense and inconvenience to receive this service and such transportation may at times, be medically contraindicated, placing the ~atients at risk; and Whereas, all intermediate health councils and agencies ~harged with reviewing and approving a certificate of need have reconm~ended approval by unanimous action of the request by Petersburg General Hospital. Therefore, be it resolved that the Chesterfield County Board of Supervisors requests the Cormmissioner of Health of the Co~nonwealth of Virginia to reconsider his denial of the Certificate of Need for this modern Technological service for the citizens of Southside Virginia. Vote: Unanimous Mrs. Girone asked that the Board be given a report on the head scanner for Johnson Willis Hospital. Mr. Meiszer advised the Board of outstanding appointments which were needed. He also stated that if the Board wished to tour the AT&T long distance facility in Skinquarter, a date should be set. Mz. Meiszer stated the Highway Department had formally notified the County that the roads in the following subdivisions had been accepted into the State Secondary System effective January 8, 1980: Length Huntingcreek Hills~ Section B Huntingereek Drive - Beginning at end of maintenance Route 1930 and going 0.07 mile westerly to the intersection v~th Rainwater Road then 0.04 mile westerly to tie into Section C. 0.11 mi. Rainwater Road - Beginning at its intersection with luntingcreek Drive and going 0.15 mile northerly to .ntersection with Rainwater Court, thence 0.20 mile northwesterly to intersection with Retriever Road. 0.35 mi. Rainwater Court - Beginning at its intersection with Rainwater Road and going 0.05 mile northerly to a =ul-de-sac. 0.05 mi. 80-044 16. ~engt~ ~untingcreek Hills~ Section B (Continued) Retriever Road - Beginning at its intersection with Rainwater Road and going 0.04 mile westerly to tie into Section C. Retriever Road - Beginning at the intersectio · Rainwater Road and ~oin~ e=~- ~ .... n wztb intersection with B~tte~7~%~y u.~o m~le to ~=~-~ ~rlve then 0.11 mile easterly to intersection with Windingrun Lane. Windingrun Lane - Beginning at intersection with Retriever Road and going 0.03 mile northerly to :a temporary turnaround. Windingrun Lane - Running southerly from the intersection of Retriever Road for 0.01 mile where it ties into existing Route 1919. Buttermint Drive - Beginning at the intersection of Retriaver Road and running southerly for 0.03 mile tying into existing Buttermint Drive in Section A of Huntingcreek Hills. Bexley~ Section 7 Camelback Road - Beginning at its intersection with Broadstone Road, State Route 2682, extending north 0.12 mile to the intersection of Reigate Road, then morth 0.29 mile to the intersection of Littleeote Lane, then west 0.22 mile to the intersection of ~alhala Drive, State Route 2637. 0.63 mi. ]ittlecote Lane - Beginning at its intersection with ~amelback Road extending south 0.20 mile to the intersection of Reigate Road. 0.20 mi. leigate Road - Beginning at its intersection with Camelback Road extending west 0.12 mile to the intersection of Littlecote Lane, then west 0.11 mile to the intersection of Walhaia Drive, State Route !637. 0.23 mi~ ~exley, Section 8 ~icklow Lane - Beginning at its intersection with ~roadstone Road, State Route 2682, extending south g m~=to ~he intersection of Newquay Lane State .~ ~o, then south 0.19 mile t~ *~- ~-~ ' · · ~ZCK1OW Lane, State Route 2349 ~ ~= ~n~o ex~st~ng  ' 0.33 m~. mo~ion of Mr. Bookman, seconded by Mrs ~irone ~ent ~nto Executive Session ~ ~- ' , the Board )ermitted bv Se-~ ~ ~ ~¥~us? personnel matters as ls amended.= ........ ~ o%~ ~l) oz the Code of Virginia, 1950, ~ote: Unanimous 0.04 mi. 0.27 mi. 0.03 mi. 0.01 mi. 0.03 mi. Leconvening: n motion of the Board. the following resolution was adopted: Whereas, Mr. John D. Williams, Jr. served as License nspactor for Chesterfield County from May 1, 1956 to December 31, 979; and Whereas, Mr. Williams performed the duties of his office a most professional and competent manner; and 80-045 17. 18. ~ Whereas, Mr. Williams retired from his position as 'License Inspector on December 31, 1979 after serving the County for twenty-three years and eight months. Now, Therefore, Be It Resolved that the Board of Supervisors of Chesterfield County does hereby express its appreciation for his loyal and dedicated service to the citizens of the County. Vote: Unanimous 80S020 In Matoaca Magisterial District, Glen H. Henshaw requested a Mobile Home Permit to park a mobile home on property which belongs to John Henshaw, father of the applicant. Tax Map 186-3 (2) Augustus Wright, Lot 15 and better known as 21700 Ferndale Road (Sheet 52). Mr. O'Neill stated that one property owner had not signed agreeing to this request. Mr. Henshaw stated that the address of the property owner was unknown. Mr. O'Neill inquired if this was a new mobile home for the area. Mr. Henshaw stated a mobile home had been located there previously. There was no opposition present. On motion of Mr. O'Neill, seconded by Mr..Bookman, the Board approved this request for a period of five' years. Vote: Unanimous Mr. Dodd excused himself from the meeting because of a potential conflict. 80S019 In Bermuda Magisterial District, Silas Breeding requested a Mobile Home Permit to park a mobile home on property which he owns. Tax Map 98-6 (3) Bellmeade, Block 13, Lots 31-34 and better known as 10601 Seminole Avenue (Sheet 32). Mr. O'Neill stated that Mr. Breeding should consider this as a temporary dwelling because when it comas up for renewal, it may not be approved. He inquired why two property owners had not signed agreeing to this request. Mr. Breeding stated one property owner did not sign for anyone and the other letter was sent registered mail to Florida but they had not received a reply. there was no opposition present. O~ motion of Mrs. Girone, seconde~ by Mr. Bookman, the Board approved this request for a period of five years. %yes: Mr. Daniel, Mr. Bookman, Mrs. Girone and Mr. O'Neill. %bsent: Mr. Dodd. ir. Dodd returned to the meeting. 79S022 In Midlothian Magisterial District, Donald A. & Elizabeth G. Hodgins requested rezoning from Residential (R-15) to Agricultural (A) plus a Conditional Use for business and professional offices on ~o~arcel fronting approximately 100 feet on Buford Road and ated approximately 450 feet south of its intersection with Forest Hill Avenue and better known as 2538 Buford Road. Tax Map 10-6 (2) Bon Air Knolls, Block 53 Lot 5 (Sheet 3). , ~r. Balderson stated the applicant had requested a 6 month ~eferral. On motion of Mrs. Girone, seconded by Mr. Bookman, ~he Board approved the request for a deferral until ~uly 23, 1980. ~ote: Unanimous 80-046 In Dale Magisterial District, Marcus, Spanier & Wachsner requested rezoning from Conm~unity Business (B-2) to Residential (R-7) plus a Conditional Use for multi-family development (36 units) on a parcel fronting approximately 220 feet on the north line of Sherbourne Road and located approximately 170 feet west of its intersection with Jefferson Davis Highway. Tax Map 53-15 (3) Bensley Village, Part 1, Block B, Lots I and 24 through 31 (Sheet 16). Mr. Balderson stated the applicant had requested a deferral of 30 days. Mr. Robert Carter, representing the applicants, stated they wanted to study the possibility of using this parcel of land for office space rather than apartments and they would like time to consider this. There was a gentleman present who stated he would not be available in February. Mr. Dodd asked that the developer make some arrangements to meet with the residents in the area. Mr. Daniel inquired if this change to office use would be considered a new request. Mr. Carter stated they may not have to come back to the Board because the office use is allowed in the existing zoning. Mr. Daniel inquired if Mr. Carter would he agreeable to a 60 day deferral because of the gentleman not being able to attend in 30 days. Mr. Carter agreed. On motion of Mr. Daniel, seconded by Mr. Bookman, this request was deferred until March 26, 1980. Vote: Unanimous 79S128 In Bermuda Magisterial District, Charles Lee Guvton (C & R Battery Corp,) requested a Conditional Use Planned Development to permit the operation of a junk yard in a Heavy Industrial (M-3) District on a parcel fronting approximately 450 feet on Bellwood Road and located approximately 3,750 feet east of its intersection with Fort Darling Road and better known as 1320 Bellwood Road. Tax Map 68-10 (2) Bellwood Farms, Lot 15B (Sheet 23). Mr. Balderson stated the applicant had requested a 30 day deferral of this request. A gentleman was present and stated he did not feel it was proper to have this use continue existing since it was in violation and that he would prefer to have this junk yard discontinued. Mr. Dodd inquired if his property was also zoned'industrial. The'gentleman stated it was. Mr. Oliver Rudy, representing the applicant, stated it had been recommended that this be referred hack to the Planning Commission level, that he would leave a site plan to show good faith, that the State Water Control Board is studying the area and he would like a 30 day deferral. Mm. Dodd indicated he would like this matter to continue to be heard by the Board of Supervisors rather than the Planning Cormnission. Mr. Dodd inquired if a 60 day deferral would be agreeable. Mr. Rudy stated it would. On motion of MT. Dodd, seconded by Mr. Daniel, the Board deferced this request until March 26, 1980. Vote: Unanimous 79S150 In Midlothian Magisterial District, James F. Hubbard.requested frontin % ~%~uy~u~=ess ~-z) District on a 4.07 acre parcel g pp oxlmately zu0 feet on Midlothian Turnpike and located approximately 1900 feet west of its intersection with Huguenot Road. Tax Map 16-11 (1) part of parcel 10 (Sheet 7). 80-047 Ir. Hubbard stated the proposal was for a Lowe's building supply ,usiness and it would be located so that it was not closer than .00 ft. from the nearest house. He stated this area was zoned general business back in 1959 and than with the blanket rezoning it went to B-2. Mr. Hubbard stated they would like to have )nly 30 ft. buffer rather than the 50 ft. buffer being ~ecommended. Mr. Balderson stated the staff had reviewed the )lens and they could locate everything within the area with a ~0 ft. buffer. Mr. Micas stated the blanket rezoning did comply ~ith State law and the advertising was legal. {r. Robert Hamm, representing Lowe's, stated they would like to zave the accessory building located from the east side to the Lorth side and will fence the area incloJir~slats. He added that ~he building would be 16 ft. high and he was not opposed to the ;0 ft. buffer. · Tom Essex, an adjacent landowner, presented Mrs Girone with ~etition signed by 250 residents in the area as wgll as others are concerned with proper zoning in the 0ounty who were )osed to this use. He stated their opposition centered around transportation problem and having large trucks turning in places that were not adequate, that it is inconsistent proper development and growth of the area, that fencing will provide adequate screening, that the Planning Con~nission the request, and that lighting will affect the neighborhood ~ecause of the topography of the land. ~r. Larry Jennings stated that the applicant has done nothing to ]essen the impact on the residents from that submitted to the ~lanning Commission except change the location of a building which ~hey did not feel was enough. He stated the property owners will re looking down on the lighting and vehicular mOvement of transfer :tucks at the site. He stated the residents moved out in the :ounty to be removed from this type of con~mercialization and .t continues to move out with them. He stated there was already ~ Moore's supply business in the area and he did not see the ~eed for another such business. Mr. A1 Kin was present and .tared he did not want the area to look like Jefferson Davis [ighway and asked that the Village of ~idlothian be saved from :hat type of zoning. Mrs. Jennings stated she trusted the llanning Commission and the Board of Supervisors to do the ight thing in the area for zoning and that if they felt B-2 was upposed to be there, then she would be in favor of what would e allowed in that zoning district. Mr. Hubbard stated a lot of usinessas using signs, trucks and lights could be allowed in he B-2 zoning and they were trying to find a use that would e good for the area. {rs. Girone stated what was proposed was a heavy use involving ~eavy vehicles carrying lumber, that this was the last pretty rortion of Route 60, that she had hoped Lowe's would reduce the Lse of the land from the original request which they did not ~o, that this area was a burrow pit and would be clearly visible ;o the area residents, that 75% of the names on the petition tre from the north, east and west of area and that she does not !eel zoning to any intensity higher than B-2 is acceptable. Ir. O'Neill stated that some uses permitted under B-2 could ~llow night time operations. Mr. Marshall Tuck stated he and ,thers helped bring sewer to their properties and he felt this ~as the best use for the land and a good oompany involved. fter further discussion of the matter, it was on motion of irs. Girone, seconded by Mr. Daniel, resolved that this request e denied as recon-~ended by the Planning Commission because of he effect of the heavy and intense use of the land on the eighborhood, otc: Unanimous 9S183 in Clover Hill Magisterial District, Lydia Brown and Dabney ~cKenzie requested a Conditional Use to permit a stock farm 15 horses and 2 goats) in a Residential (R-25) District on a 9.9 ac] 80-048 parcel fronting approximately 40 feet on the south line of Donegal Drive and located approximately 400 feet east of its intersection with Donegal Terrace. Tax Map 92-15 (4) Rocky Run, Section 3, Block C, Lot 20 (Sheet 29). Mr. Robert Johnson was present representing the applicant. He stated that the reason Mr. MacKenzie had not appeared at the previous hearing was because he did not receive the notice as he and his wife had separated and he did not receive it in time to attend. He stated that Mr. MacKenzie had amended his request and does not want the goats only horses and he is agreeable with the conditions recommended. He stated he would work with the neighbors so that this conditional use would not present a problem. Mr. Larry Thomas, an adjacent property owner, stated he and another family, the Anderson's, were opposed to a stock farm. He stated it would detract from the area, depreciate the value of their homes, there is no other livestock in the area, and Mr. MacKenzie has only cleared his land and is not a resident in the area. Mr. Bookman inquired if these lots were intended for use such as this when it was subdivided. Pit. Balderson stated the larger lots were to sell with the idea of livestock being on them when the subdivision was designed. Mr. Bookman stated perhaps this matter should be deferred for 30 days to review the subdivision restrictions. Mrs. Sue Bradley stated she represente two other families who were opposed because Mr. MacKenzie does not reside in the area and there is some question as to how well he can maintain the area without living there. Mr. Johnson stated it was not fair for him to build and then request this conditional use. He stated they were not opposed to any of the restrictions and would agree to a shorter period of time so that the neighbors can realize Mr. MacKenzie will abide b~ the conditions. Mr. Bookman inquired if the applicant and his representative would meet with the residents and they agreed to do so. On motion of Mr. Bookman, seconded by Hrs. Girone~ the Board deferred this request until February 27, 1980 so that the neighbors and applicant can come tO an agreement and if an agreement is not reached, the Board will make a decision at that time. Vote: Unanimous 79SO79 In Dale Magisterial District, Magnolia Investment Associates requested rezoning from Agricultural (A) to Convenience Business (B-l) with a Conditional Use Planned Development on a parcel fronting approximately 500 feet on Beach Road also fronting approximately 400 feet on Route 10 and located in the southeast quadrant of the intersection of these roads. Tax Map 95-12 (1) parcel 4 (Sheet 31). Mr. Fred Gray was present representing the applicant. He stated that as far as he knew, this application has been before the County longer than any other, 14 months. He stated the aim of the applicant is to make the best use of the property as well as protect the homeowner there. He stated applications for fast food restaurants and service station, s had been proposed previously but he felt their planned development would add to the area. He stated there would be a grocery store, a drug store, office space and a Division of Motor Vehicles office in the area under consideration. He stated they had met with the landowners and deferred the request several times, due to changes requested regarding the buildings, the roadways and the buffers. He stated what was proposed had the same visibility as the business placed on the other side of th® property by the owners themselves. He stated now the idea of an historic intrusion has been introduced. He stated what was proposed would create more of an historic aura around the Courthouse than what they placed on the other side of the property. He stated that in 80-049 1970 this property was sold as part of an estate and the County had been asked if they wished to purchase the land for a library or something along that line but the County did not w~sh to. $o the land was then purchased under an agreement by which the owners agreed to keep three acres on which the home sits and the other could be developed for commercial and the rear for townhouses which the property owners agreed to. He stated that the property owners want a park there but what is being proposed is the lowest density you can have without having a park as it consists of 12% in buildings, 46% in open space, 8% in roadways and 34% in parking. He stated that the applicant had been discussing the problem with the dam behind the property and had come to a solution which would make the dam safer than before the project by improving the spillways. He stated some people have mentioned they are concerned with drainage but the County will still be in control until these things are accomplished as they can hold up building permits, etc. He stated they had spent a considerable sum of money readjusting their plans over and over and that they could not make any further plans or studies for the area until the zoning decision has been made. He stated !the building would he similar to those used in Colonial Williamsburg. Mr. Bookman inquired about the 3' berm and the shrubbery. Mr. Gray stated it would be located 500 ft. down Beach Road to the entrance. Mr. Tyler, speaking for his parents who own adjacent land to this property and who would be affected by problems with the dam, questioned the need for more co~anercial property in the area. He indicated opportunities for commercial and business were avails] five miles either way on Route 10. He inquired about the provisions made for the dam, that it should not be left to chance or to Environmental Engineering but should be decided now. He stated he felt further study of the entire area as to drainage and historic value should be considered. Mrs. Dottle Armstrong was present and was opposed to this rezoning request because she felt the land management is improper for the Courthouse area, there exists a major drainage problem, roadway problems exist, it would cause overactivities in the area, water runoff will effect Magnolia Grange which is a major historic site in the County, that it would be an imbalance and lack of regard for an historic Site, noise pollution would effect the historic sites in the area and shopping centers can be placed anywhere but historic sites 'cannot. She stated the area is proud of its structures standing 200 years but in Europe some exist that are as old as 2000 years. She stated ~he County should applaud the Daffrons for preserving some of the County's his~0ry. She stated the Board should not he involved in private contracts but should involve itself with zoning to serve the people. She stated that the zoning should be denied and other alternatives sought. She asked the Board to have vision and be bold and deny the rezoning~ Ms. Phyllis Bass, representing the Women's Club of Chester, stated she would like to see places like Castlewood and Magnolia Grange in her home County. She stated the state law protects historic sites and questioned the need for co~ercial development in this area and suggested the County have a recreational facility like DogWood Dell or something of that type there. She stated the proposed development would add to the traffic problem. Messrs. Bernard Gill and Steve Bryant, co-oWners of adjacent property, stated they were neither for nor against the proposal but that they would like the development to be consistent with the building they have and they briefly discussed the roadway and buffering for the area. 80-050 from the Chester area indicated he, too, was about the need for additional commercial development in the area. He stated he felt the County should respect its ~eritage. Buddy Callahan, owner of the Swift Creek Mill Playhouse, stated he was concerned with the drainage and the effect this development would have on the already existing Swift Creek )roblem. He stated the applicant is aware of the problem and matter should be considered in depth. Mrs. Jerri Dickson stated the question came doTM to if the the applicant should be able to use his land or if the work of the Daffron's on the historic place should be considered. He stated he felt the Board should follow the land use and not give in to the change. Mr. Pat McSweeney, representing Mr. and Mrs. Philip Daffron, stated the agreement entered into at the time of sale of the property is'irrelevant to the discussion because the Board ~as to consider the safety of the people. He stated the governing body has very little else to do but give reasonable consideration to zoning applications. He stated there is a statutory mandate ~egarding drainage and erosion and it has been mentioned about :he safety of the dam and spillage downstream. He stated this ~roblem had to be addressed adequately or the County would not ~e handling tke matter properly. Mr. Gray stated he felt this was a legal application and if it were not, the County Attorney was present to advise the Board. He stated the agreement between the two parties is relevant to the matter because Mr. Vaughan and his purchase price had a lot to do with the improvements made to Magnolia Grange. He stated that when someone has a dam, it is their responsibility to make it safe and they are willing to help with the improvements without it being their responsibility. He stated that some traffic problems might be eliminated as people will stop here and not travel into Chester. He stated mo visible structure will be destroyed, the land adjacent rill provide an unusual development which others might follow. ~r. Daniel inquired about the drainage. Mr. Balderson stated :hat until environmental engineering and the Planning ]ommi.ssion are satisfied with the drainage, building permits ~ould not be issued. Mr. Daniel inquired if a suitable irainage pla~ had been developed. Mr. Gray stated that until :h~zordngdecmsic~ismade, the applicant will not spend additional funds on the plans. He stated that if the land had not been bought years ago at a reasonable price, this planned development as proposed would not be feasible with the iow density that they are proposing. Mr. Micas stated usually the drainage problem is addressed after zoning and in this case the County would have a larger measure of control. Mr. John Henson, engineer, stated he had reviewed the area and this area is not any more unusual than any other except that the dam is inadequate and the spillways need to be increased. He stated the water in this area is incidental to the problem because the water received on this parcel will reach the creek tn two hours but the water upstream will take 36 hours to reach this area. ~r. Bookman inquired if there had always been citizen concern. ~r. Dodd stated there had been some involvement but not to :his degree. Mr. Gray stated he had slides which he would ~how if the Board were interested depicting the design. It ~as agreed that this would not be necessary since the Planning ]ommission would address the matter and the Board was familiar with the design to be used. Mr. Daniel inquired if the Board would be married to the plan. Mr. Balderson stated the plan could be altered but it would go back to the Planning Commission for final site plan approval. 80-051 He stated that the plans got more specific as they went through the various phases but there would still be some latitude in the Planning process beyond this master plan. He stated the final schematic plan would be very similar as far as arrangement of buildings, uses, etc.' Mr. Daniel inquired if an office park without the grocery store could be considered. Mr. Gray stated it would not be economically feasible to do that. Mr. Vaughan stated the development needed a long term lease like a grocery store because the money lenders would not give the the funds needed based on one year lease contracts by lawyers or situations of that nature. Mr. Daniel inquired if a 30 day delay would be in order since the staff had been requested to study the establishment of a Courthouse Historic area. Mr. Dodd stated he heard this case in Planning Con~nission and he did not feel the delay would be of any help as the same questions are still being asked. He stated he did not feel it was fair to prolong the agony, but that a decision should be made. Mr. O'Neill stated he did not feel the delay would change anything. He stated the opposition was relating to the historic area when the citizens are the ones who have required the changes such as the Courthouse building addition because it was the cheapest way to house County employees. He stated he would not vote against any development in or out of an historic area which he feels is w~ll planned. He stated in this instance, the developer cannot build until the drainage :roblems are solved. Mrs. Girone stated she could vote on this issue today, but will respect the wishes of the supervisor of the area. Mr. Gray stated a delay might be bad because he is not sure how long the Division of Motor Vehicles can wait. Mr. Vaughan stated he did not see any reason for delay as Mr. Daffron himself sought the rezoning of Castlewood for Heritage Savings and Loan. Mr. Gray stated the Board should not consider a total office park but consider the request as submitted. He stated it was not fair to ask the applican6 to spend more money or wait, when he has waited 14 months and spent more than $30,000 on plans for the development. After further consideration of the matter, it was on motion of Mr. Daniel, seconded by Mr. Bookman, resolved that this request be deferred until February 27, 1980 for Board determination. Mr. Bookman stated he could also vote on this issue today but will also respect Mr. Daniel's wishes. Ayes: Mr. Daniel, Mr. Bookman and Mrs. Girone. Abstentions: Mr. Dodd and Mr. O'Neill. It was generally agreed that the Board would recess for five minutes. Reconvening: Mrs. Girone excused herself from the meeting. 79S175 In Matoaca Magisterial District, Lawrence R. Belcher requested rezoning from Community Business (B-2) to Residential (R-7) of a .172 acre parcel fronting approximately 50 feet on the south line of South Street and located approximately 150 feet east of its intersection with Bessie Lane. Tax Map 182-9 (3) Laurel Branch Farms, Block 1, Lot 11 (Sheet 54). There was no opposition present. Mr. O'Neill indicated he felt this area was zoned improperly at the time of the blanket rezoning. On motion of Mr. O'Neill, seconded by Mr. Bookman, the Board approved this request and further authorized staff to prepare the necessary application for the Planning Commission to consider blanket rezoning of the B-2 area surrounding this area to Residential both of which were recommended by the Planning Commission. AyeS: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. Absent: Mrs. Girone. 79S178 In Bermuda Magisterial District, Virginia Real Estate Investment ~rnst requested a Conditional Use to permit professional offices in an Agricultural (A) District on a 1.077 acre parcel fronting approximately 150 feet on the south line of Ironbridge Road and located approximately 1,550 feet west of its inter- section with West Hundred Road. Tax Map 115-9 (1) parcel 1-4 (Sheet 32). ~r. Henderson, representing the applicant, presented a sketch >f the sign he proposed to use. Mr. Dodd inquired if the ~pplicant would proffer a 5 ft. high fence. The applicant stated le would. M_r. Balderson stated correspondence had been received ¢ith seven signatures opposing the request. There was no one ~resent in opposition. After further discussion of the matter, it was on motion of Mr. Dodd, seconded by Mr. O'Neill, resolved ~hat this request be approved with the applicant proffering ~he following conditions: The exterior of the existing building to retain the appearance of a single family dwelling. 2. Applicant to provide either evergreen planting or a 5 ft. high screening fence as a buffer to adjacent residences as preferred by the adjacent property owners. 3. Ail parking to be in the roar yard, behind the existing building. ~.Freestanding signs to be limited to one in number and not to exceed four square feet in projected area. ~. Lighting of the building and parking areas shall be limited to low level type, and pole heights shall be limited to fourteen feet. Use of the site will be limited to activities specified in Section 21-148(b) of the Chesterfield County Zoning Ordinance, specifically; offices for business, governmental or professional use. 'es: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mr. O'Neill. ~sent: Mrs. Girone. 9S182 In Matoaca Magisterial District, James E. Jones requested a ~onditional Use to permit a two family dwelling in an ~gricultn~al (A) Districtona 3 acre parcel fronting approximately !50 feet on the west line of Northwood Drive and located tpproximately 2,600 feet north of its intersection with River ~oad and better known as 14624 Northwood Drive. Tax Map 158 [1) part of parcel 42-2 (Sheet 47). 7he applicant was not present. Mr. Balderson indicated the ~pplicant had not he, present at the Plann~Commission meeting. }n motion of Mr. O'Neill, seconded by Mr. Bookman, the Board ~enied this request as recommended by the Planning Commission. ~yes: Mr. Dodd, Mr.'Daniel, Mr. Bookman and Mr. O'Neill. ~bsent: Mrs. Girone. ~9S187 In Matoaca Magisterial District, Paul C. Moore~ Jr. requested ~ezoning from Agricultural (A) to Residential (R-12) of a .75 ~cre parcel fronting approximately 120 feet on the north line ~f River Road also fronting approximately 200 feet on the east line of Halloway Avenue and located in the northeast quadrant ~f the intersection of these roads. Tax Map 180-16 (1) parcel ~2 (Sheet 52). 80-053 ir. Moore was present and stated he had demolished the old home and he has applied for a subdivision permit. Mr. Bookman 5xcused himself from the meeting. There was no opposition present. After some discussion of the access, it was on notion of Mr. O'Neill, seconded by Mr. Daniel, resolved that ~his request be approved as recommended by the Planning Commission with the understanding that the access for this subdivision will come off of Nalloway Avenue rather than River P, oad. Ayes: Mr. Dodd, Mr. Daniel and Mr. O'Neill. Absent: Mr. Bookman and Mrs. Girone. 19S188 In Matoaca Magisterial District, Orange Hill Development 2orporation requested rezoning from Agricultural (A) to tesidential (R-15) of a 21.99 acre parcel fronting approximately 50 feet on the south line of Rhodes Lane and located approximately !400 feet west of its intersection with Sandy Ford Rnad. Tax Map [60 (1) parcel 18 (Sheet 48). ~here was no opposition present. On motion of Mr. O'Neill, ~eoonded by Mr. Daniel, the Board approved this request as ~ecommended by the planning Commission. ~yes: Mr. Dodd, Mr. Daniel and Mr. O'Neill. ~bsent: Mr. Bookman and Mrs. Girone. Ir. Bookman and Mrs. Girone returned to the meeting. 79S189 In Midlothian Magisterial District, BZB Partnership requested ~ezoning from Agricultural (A) to Community Business (B-2) of ~.916 acres; office Business (O) of 1.597 acres; Residential IR-15) of a 3.572 acres for a total of an 8.085 acre parcel Fronting approximately 375 feet on the north line of Midlothian Furnpike and also fronting approximately 50 feet on the ~estern terminus of Reddington Drive and located between these ~oads. Tax Map 18-13 (1) parcel 1 (Sheet 8). ~. Clyde Bodie was present. Mrs. Girone stated she had ~ome concerns about drainage problems created by additional levelopment as well as collector streets causing problems, ~specially in an area such as this. She stated she felt the ~taff should look at the policy on collector streets. 7he President of the Brighton Green Civic Association was ~resent and stated they were concerned ~ith traffic and did not ~ant the increased traffic to depreciate their area. He stated he ~as concerned about the safety of their children and the graffic congestion traveling from one area to another. He stated they felt the conditions were an agreeable compromise as ~mended regarding the road. Mrs. Girone outlined the proffered ~oad condition as amended and Mr. Bodie stated he would agree ~o proffer that condition. Another gentleman was present who ~tated he did not want Benbow or Reddington extended. Be added that developers should provide roads for the people in the ~ubdivisions and not impose on others. He mentioned water runoff, erosion and drainage problems as well. )n mogion of ~rs. GirOne, seconded by Mr. Bookman, this request ~he ~p~?ved~as r~ommended by the Planning C°~m~ission with Fpzzcann pro~ering the following conditions: A 10 ft. (10') planted buffer shall be provided along the western property line of Parcel 1, as shown on the plat dated September 1, 1979, prepared by Bodie, Taylor and Puryear, Inc. and more particularly along the western line of the requested Con~nunity Business (B-2) zoning. A fifty (50) foot buffer to remain undisturbed shall be 80-054 19. provided along the north line of Parcel 2, as shown on the plat dated September 1, 1979 prepared by Bodie, Taylor and Puryear, Inc. and more particularly along the northern line of Office Business (O) zoning. 3. The Road will either: a. Go through from Route 60 to stub at north and west property lines with no connection to Reddington Drive b. Will extend northwardly from Route 60 to terminate at the ravine and Reddington will extend southwardly to cul-de-sac at the ravine. 4. The architectural style of the structures to be erected shall be compatible with and enhance adjacent structures. Vote: Unanimous 79S190 In Midlothian Magisterial District, Tyler B. Eanes requested rezoning from Community Business (B-2) to General Business (B-3) of a .90 acre parcel fronting approximately 100 feet on the east line of Grove Road and located approximately 350 feet south of its intersection with Midlothian Turnpike and better known as 907 Grove Road. Tax Map 16-12 (1) parcel 11 (Sheet 7). There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Bookman, the Board approved this request as recommended by the Planning Commission with the applicant proffering the condition that there will be no outside storage. Vote: Unanimous 79S193 In Dale Magisterial District, Realty Industries, Inc. requested a Conditional Use Planned Development to permit a motor vehicle repair service in a Community Business (B~2) District on an 8.2 acre parcel fronting approximately 1500 feet on Meadowdale Boulevard also fronting approximately 750 feet on Hopkins Road and located in the northeast quadrant of the intersection of these roads and better known as Meadowdale Shopping Center. Tax Map 52-12 (1) part of parcel 6 (Sheet 15). Mr. Sam Beale was present. There was no opposition present. [ After consideration of the matter, it was on motion of Mr. Daniel, seconded by Mr. Bookman, resolved that this request be approved as recommended by the Planning Commission subject to the following conditions: 1. The work and storage ~reas shall be screened from view fromt Meadowdale Boulevard oy a six (6) foot high ~asonry wall, o solid board fence or chain-link fence with slats. 2. Work and storage areas shall be kept free from litter and shall bemaintained in an orderly manner. 3. The above comments notwithstanding, the plan submitted with the application, dated January 5, 1979, and prepared by Rawlings, Wilson Architects shall be considered the plan of development. The proposed activity shall be located generally in the same area as indicated on the site plan. Vote: Unanimous Mr. Dodd stated this time and date had been scheduled for a public hearing to consider the prohibiting of through truck traffic on Werth Street in Chester. Mr. Dodd stated he felt this was necessary for the safety of the area and he had been 80-055 requested by rasidehts in the area to have this accomplished. Un motion of Mr. Dodd, seconded by Mrs. Girome, the Board hereby requests the Virginia Department of Highways and Transportation to restrict My truck or truck and trailer or smni-trailer combination, except a pick-up or panel t-z~ck from using ~rth Street begirming at Old Hus~red Road (Route 1505) and running soutberly~ to Harro~gate Road as a through route. alternative route suggasteo for through truck traffic is Old Hondr~d Road running easterly to intersection of Old Hond=ed Road (Route 1505) and Harrowgate Road (Route 144) and the~ rtmming southerly to intersection of H~rrowgate Road (Route 144) and Werth Street. Vote: Unanimous 79S197 In Dale Magisterial District, John L. Ruckart, Jr. requested a Conditional Use to permit business and professional offices in an Agricultural (A) District on a . 72 acre parcel front~g apprc~tely 110 feet on the east line of Iron Bridge Road Md located approx~tely 250 feet north of its interseetic~ with Tucker Road and bette~ known as 6921 Iron Bridge Road. Tax ~4ap 66-9 (2) Alfred Jam~s Oood~yn Tract, Lot 3 (Sheet 22). Mr. John Dodson was present. He gave a brief b/story of the previous appro~mals for this parcel which included a day care canter and a f~r~itttre refiruishipg business. He stated a real estate office was plasmed if this application ~as approved. Mr. Donald ~Til~oth, a me~ber of the Southside Alliance Church, stated he was opposed as well as the Church congregation because people o~g this parcel use the Church lot to tn2~-naround, that the septic tank facilities will not accommodate a business, that there is office space in the ares which can be used. Mr. Daniel stated this was a request for Cc~diti~nal Use rather than rezon/ng and t_bat it is nestled between some business uses already. There was discussion regarding the parking and the sign ~o be all~ed. Mr. Dodson agreed with the proposed conditie~s. Un rm)tion of Mr. Dmniel, seconded by Mr. O'Neill, this request was approved subject to the following conditions: 1. No parking shall be permitted in front of the front facade of the primary structure located on the parcel. 2. Only one business sign no larger than a standard real estate sign shall be permitted (4'x4'). quzrements or the office business (0 zone) shall be applicable to this use. 4. This Conditional Use shall be granted to and for 3ohn Rucker Jr., exclusively, and shall not be transferable nor run with the land. Vote: Unanimous 79S198 In Dale Magisterial District, William E. Croxton requested a Conditional Use to pmz~nit a business office in an Agricultural (A) District on a 2.25 acre parcel fronting 8pproxgr~tely 205 feet on the west line of Iron Bridge Road and located approximately 110 feet south of its intersection with Tucker Road and better known as 7000 Iron Bridge Road. Tax Map 65-12 (1) parcel 2 (Sheet 22). On rm~tion of Mr. Daniel, seconded by Mr. O'Neill, this request wes approved subject to the following conditions: 1. No parking shall be permitted in front of the front facade of the primary structure located on the parcel. 2. 0~ly one business sign no larger than a standard real estate sign shall be permitted (4'x4'). 3. The above conditions notwithstanding the minimum bulk requirements of the office business (0 zone) shall be applicable to this use. 4. This Conditicmal Use shall be ~anted to and for Willi~ Croxtc~, exclus~- ly, and shall not be transferable nor rum with the land. 8O-O56 Vot~ Unanimous ..... ~ 79S199 In Matoaca Magisterial District, G & E Construction Company requested a Conditional Use to permit multi-family development (duplex) in a Residential (R-7) District on a .2 acre lot fronting approximately 107 feet on the north line of Main Street and }ocated approximately 120 feet west of its intersection with ~2~ ~e~r~ ~t~e~°~4)~s 3406 Main Street. Tax Map There was no opposition present. On motion of Mr. O'Neill, seconded by Mr. Bookman, this request was approved subject to the following conditions as recormnended by the Planning CommissiOn: 1. This Conditional Use shall be limited to the construction oft one (1) duplex. 2. A minimum of two (2) parking spaces per each dwelling unit shall be provided. These spaces shall either be paved or graveled. 3. The architectural style of thm structure shall be similar to existing duplexes in the area. Prior to the release of a building permit, a rendering of the structure to be erected on the parcel shall be submitted to the Division of Developmmnt Review for approval. 4. Prior to the release of a building permit and in conjunction with final site plan review, a plan showing soil drainage facilities around the building site shall be submitted for approval. 5. A~ erosion control plan depicting the method of ground coverI ro be utilized during construction shall be submitted and approved by Environmental Engineering prior ro any clearing or grading of the s'ite. 6. The above noted conditions notwithstanding, theplan prepared by Charles C. Townes & Associates dated September 7, 1979, submitted with the application, shall be considered the plan of development. Vote: Unanimous 79S118 In Bermuda Magisterial Distriot, Windsor Industries requested rezoning from Light Industrial (M-i) to Residential (R-9) of 92 acres; ~o Residential (R-12) of 48.3 acres; to Residential (R-15) of 35.7 acres; and from Agricultural (A) no Residential Townhouses-For-Sale (R-TH) of 28 acres and to General Business (B-3) of 47 acres. This property fronts approximately 2950 feet on Old Centralia Road and lies east of its intersection with Centralia Road. Tax Map 97-2 (1) parcel 5; Tax Map 97-3 (1) parcel 1; Tax Map 97-4 (1) part of parcel 2; Tax Map 97-7 parcels 1, 2 and 4 (Sheet 32). Mr. J K Ti~mons was present. He stated he had been working with staff to propose a proper plan for the property, that the plan has been changed approximately 10 times, that each lot will contain 19,000 sq, feet, that he intends to direct traffic to Road "A" on the plat as development occurs no Chester Road, that all but 13 lots will use public sewer. and he discussed the Zoning districts in the area. He snaned he had made amendments to his original request and presents the Board with a copy of a letter outlining said amendments. Dennis Cu~t~ is, ~Presiden~ of Gay Farms Civic Assoc., stated their supportee goo~ development in Chester and that they didn~ot want s development such as this ~o have a negative impact on the schools and roads in the area and they supported this request Mr. Steve Clark, representing the North/South Chester Home Owners Association stated they were in support of the request by only five votes. Ma. Phyllis Bass of the Women's Club of (1)1 Chester stated they were opposed to this request except for the Residential (R-15) because the roads and schools could not accommodate this population increase. She stated that she wanted the Board to vote on what was best for the Con~unity. Mr. Steve Clark stated that the existing residents want to preserve their way of life and suggests that the Board adopt a policy regarding the road system and conform to it. He stated that there are a lot of people in opposition to this and they may seek legal action. Mr. Tirmmons stated he has never proposed anything in the County which he did not feel was in the best interest of the County. He stated that he did not want the Board to approve this request if they felt it was wrong for the area. He stated that the railroad bed could be used for drainage. Mrs. Girona asked that Community Development investigate the cost of using the railroad bed for drainage. There were others present in oppositiqn because they did not want the heavy equipment using the one lane bridge or coming through the subdivisions to get to the proposed development, because of the increase of traffic and the land erosion. Mr. O'Neill stated roads ware not built until way beyond the need existed, and schools are built as needed. Mr. Dodd inquired about deeding back the right-of-way on Centralia Road. Mr. Timmons stated he had not considered that recently. Mr. Wayne Curby stated he lived next to the right-of-way which was between him and Mr. Moss. After further discussion of the matter, it was on motion of Mr. Dodd, seconded by Mr. O'Neill, resolved that this request be approved with the applicant proffering the following: Residential (R-15) of 35.7 acres, provided that those lots adjacent to Trueheart Heights be equal to or more than the size of the adjacent lots in Truaheart Heights (county sewers except for 13 lots); to Residential (R-I2) of 48.3 acres, with those lots adjacent to Shady Springs being equal to or more than the size of the lots adjacent in Shady Springs (county sewers); and that the proposed 80 acres shown on the plat to be zoned Residential (R-9), be rezoned to Residential (R-12) (county sewers); and that the 12 acres proposed for Residential (R~9) zoning which is located on the east line of Old Centralia Road be rezone~ to the Residential (R-15) classification (septic tanks); to withdraw the request for rezoning of 28 acres to Residential (R-TH); and that Road "A" be constructed as a 24 foot all weather1 (gravel) road before 200 residential units are constructed and that the road be constructed to State Highway standards prior to construction of 400 residential units; and that the proposed 47 Ac.~ to be zoned B-3 be restricted to the following uses: i. Any use permitted in the B-2 District. 6. Cocktail lounges, dining halls and night clubs. 9. Drive-in establishments. 13. Hotel, motel Or motor courts, tourist homes. 20. Recreational establishments, indoors. 23. Utility trailer and truck rental. 29. Motor vehicle wash. 30. Motor vehicle accessory store. The following uses as defined under Section 21-163 of the Chesterfield County Code would be prohibited: 2. Auction sales or salvage barns. 3. Outdoor advertising signs. 4. Boat sales. 5. Building material sales yard, not including concrete mixing. 7. Contractor's shop and storage yard. 8. Display houses or "shell" houses, but not within twenty feet of any side lot line nor within twenty feet of ~ach other. 10. Exposition building or center, stadiums, arena. 11. Feed, seed, fuel and ice sales. 12. Farm implements and machinery sales, service, rental and repaJJr establishments. 14. Office-warehouses when the warehouse area does not exceed twenty-five thousand square feet. (5/23/79) 80-058 15. Mobile home~ modular home, motor home and travel trailer sales, new and used. 16. Motor vehicle sales, service and repair. 17. Monument sales. 18. Public garages (see Section 21-64). 19. Public utility service buildings, including facilities for construction or repair~ or for the service or storage of utility materials or equipment. 21. Tire recapping and vulcanizing. 22. Truck terminals. 24. Veterinarl hospitals, boarding kennels or clinics. 25. Mass transportation. (1/23/7~). , 26. Freight forwarding, packin~ and crating services. (1/23/74) 27. Wholesale trade. (1/23/74)7 28. Cormnereial automobile parking. (1/23/74). and further the applicant guarantees to close the 50' right-of-wty Vote: Unanimous Mr. Dodd stated he tried to get the citizens involved in this matter and that it was not a cut and dry issue. He stated he realized this would have an impact on the residents of Chester. He added that he was concerned with the residue of the land and wanted to do the right thing $o as not to cause a problem in the future. ~r. Bookman stated he felt the lot sizes were good for the area, that in Clover Hill there are mainly R-7 and Mr. Daniel excused himself from the meeting. 79S194 In Midlothian Magisterial District, Motorola C & E Inc requested rezoning from Residential (R-7) to Agricultural (A) plus a Conditional Use for a radio broadcasting building on a 3 acre parcel which lies 100 feet off the southeast line of Winterfield } Road measured from a point approximately 900 feet north of its intersection with Westfield Road and better known as 1400 Winterfield Road. Tax Map 15-7 (2) parcel 1 (Sheet 7). Mr. Jim Tucker, representing Motorola, stated the conditions were agreeable. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. O'Neill, this request was approved as recommended by the Planning Cormnission subject to the following conditions: 1. A 50 foot buffer, consisting of natural vegetation shall be imposed along all property lines. No clearing, cutting, or grading shall be permitted within these buffers. Only one access shall be permitted through these buffers and it shall be located through the eastern buffer. 2. A driveway having a minimum width of twenty-four (24) feet, shall be provided to serve this use. This driveway shall either be paved or graveled and maintained to provide ease of ingress and egress. No signs shall be permitted. Drainage ditches and swales running across the property shall be cleared and maintained monthly to allow unrestricted flow of water. The structure to be erected shall be similar in materials and design to the existing structures located On the propertyl. The above conditions notwithstanding, the plan submitted withi the application titled "Midlothian Antenna Site" shall be considered the plan of development. This Conditional Use shall be granted for a period not to exceed two (2) years from date of approval. Upon expiration 80-059 the applicant may request renewal and upon satisfactory demonstration that this use has not proved a detriment to area property oWners may be renewed by the COmmisSion and Board. 8. There shall be a drainage ditch from the anchor to the deep ditch on the Jefferson property side. Ayes: Mr. Dodd, Mr. Bookman, Mrs. Girone and Mr. O'Neill. Absent: Mr. Daniel. Mr. Daniel returned to the meeting. 79S201 In Clover Hill Magisterial District, C.I.S. Associates requested rezoning frcrmAgricultural (A) to Residential (R-9) of a 103.3 acre parcel fronting approximately 1200 feet on the north line of Genito Road and located approximately 75 feet west of its intersection with Tammaway Road. Tax Map 48 (1) parcel 44 (Sheet 13). There was no opposition present. On motion of Mr. Bookman, seconded by Mrs. Girone, the Board approved the request to Residential(R-9) subject to the following condition as recommended by the Planning Commission: A twenty (20) foot buffer shall be provided along the western property line of the request parcel extended 800 feet north from Genito Road. This buffer shall be planted in accordance wit~ the chart "Guidelines for Landscaped Buffers". No structures, roadways or other facilities shall be permitted through or in this buffer. This buffer shall be shown on, and recorded with, the subdivision plat for this property. Vote: Unanimous 79S203 In Clover Hill Magisterial District, Permwood, Inc. requested rezoning from Agricultural (A) to Residential (R~9) of ~o parcels. The first is a .253 acre parcel which lies 35 feet off the south line of Drexelbrook Road measured from a point approximately 750 feet west of its intersection with Barkbridge Road. Tax Map 51-9 (1) parcel 3 (Sheet 15). The second is an 18 acre parcel fronting approximately 293 feet on Belmont Road and located across from its intersection with Fairoines Road. Tax Map 51-10 (1) parcel 7 (Sheet 15). Mr. DelMonte Lewis was present. There was no opposition. On motion of Mr. Bookman' seconded by Mr. O'Neill, this request was approved as reco~ended by the Planning Commission. Vote: Unanimous 79S205 In Matoaca Magisterial District, Thomas Merlyn Roane requested rezoning from Residential (R-15) to Agricultural (A) of a 24.25 acre parcel fronting approximately 900 feet on the east line of Exter Mill Road and located approximately 1100 feet north of its intersection with TrentS Bridge Road. Tax Map 170 (1) parcel 29 (Sheet 47). M~. Mary Ann Whitby was present representing the applicant. There was no opposition Present. On motion of Mr. O'Neill, seconded by Mr. Bookman, this request was approved as requested by the applicant. Vote: Unanimous 80-060 79S206 and 79S207 In Midlothian Magisterial District. Star of Bethlehem Lodge #407 requested rezoning from Residential (R-7) to Community Business (B-2) of a .18 acre parcel fronting approximately 75 feet on the east line of Old Bon Air Road an~ located approximately 500 feet north of its intarsection with Robious Road. Tax Map 17-8 (1) part of parcel 14 (Sheet 8). In Midlothian Magisterial District, Oscar S. and Jean C. Hastings requested an amendment to a condition of zoning (Case Number 77S096) to permit elimination of buffar zone on a .047 acre parcel fronting approximately 20 feet on the east line of Old Bon Air Road and located approximately 470 feet north of its intersection with Robious Road. Tax Map 17-8 (1) part of parcel 12 (Sheet 8). There was no opposition present. On motion of Mrs. Girone, seconded by Mr. O'Neill, the Board approved both requests (79S206 and 79S207) with the following condition on case #79S206'and no conditions on case #79S207asreconmmndmd by thePlanrdngCc~m~ssion: A buffer strip, having a width of not less than 20 feet, shall be provided along tha north proparty line. This buffer shall consist of dense vegatation and.the erection of a solid board fence. This fence shall not be less than six feet in height and shall be off-set from the property line a distance of not less than five feet so that vegetation can be maintained on both sides of the fence. This buffer shall be planted in accordance with the chart "Guidelines for Landscaped Buffers". A planting plan depicting these requirements shall be submitted to the Division of Development Review for approval prior to the release of any building permit and in conjunction with final site plan review. Ayes: Mr. Dodd, Mr. Daniel, Mrs. Girone and Mr. O!Neill. Abstention: Mr. Bookman. 79S209 In Clover Hill Magisterial District, Anderson & Bernice J. Fleming requested rezoning from Agricultural (A) to General Business (B-3) of a ,96 acre parcel fronting approximately 85 fee on the south line of Midlothian Turnpike and located approximatel~ 650 fact east of its intersection with Southlake Boulevard. Tax Map 17-10 (1) parcel 8 (Sheet 8). There was no opposition present. On motion of Mr. Bookman, secc~dedbyMr. O'Neill, the Boardapproved thisr~questasrecomrmnded by the PlanningConmissionsubjecttothefollowingconditions: 1. A fifty (50) foot buffer (this is the required building and parking setback) shall be maintained along the north property line. There shall be permitted one access through this buffer. No other facilities or structures other than one billboard and one sign up to 24 sq. ft. shall be permitte~ within this buffer. 2. Ail outdoor storage areas shall be located to the rear of the structure and shall be buffered from adjacent properties to the north, south and east. This buffering shall be accomplished through the erection of either a six (6) foot high solid board fence or chain-link fence interwoved with wooden slats. Vote: Unanimous 79S210 In Bermuda Magisterial District, Atlantic Machine and Welding Service Inc. requested rezoning from Agricultural (A to Lz h Industrial M-1 of . ) 'g t ~ .... ( ~ ) a 3.31 acre parcel fronting approximately zzo zeen on the north line of Reymet Road and located approximate y 80-061 There was no opposition present. On motion of Mr. Dodd, seconded by Mr. Bookman, the Board approved this request subject to the following conditions as recommended by the Planning Commission: A thirty (30) foot buffer shall be maintained Ilproperty line This buffer ~ ~ ~ ~ ~l~ng the eastern. the "Guidelings for Landscap~=~f~%r~,~?Qscapea in accordance with Vote: Unanimous 79S212 In Matoaca Magisterial District, Sam Barker & Don Vance requested an amendment to a condition of zoning (Case Number 78S134) to permit deletion of a buffer zone on a 1.25 acre parcel fronting approximately 160 feet on the east line of Jefferson Davis Highway also fronting approximately 200 feet on the north line of Aldridge Avenue and located in the northeast quadrant of the intersection of these roads. Tax Map 163-7 (4) Boulevard Heights, Block A, Lot 1 (Sheet 49). Mr. Barker was present and stated there was no need for the condition because he would not have any outside storage. There was no opposition present. On motion of Mr. O'Neill, seconded by-Mr. Daniel, the Board approved this request as recommended by the Planning Commission. · Vote: Unanimous .79S213 :In Clover Hill Magisterial District, Hechinger Company requested a Conditional Use to permit a commercial parking lot in an Agricultural (A) District on a 1.5 amre parcel which lies feet off the south line of Midlothian Turnpike measured from a point located approximately 200 feet west of its intersection with Paramour Drive. Tax Map 28-3 ('1) part of parcel 6-1 Sheet 8). r. Walter Whitt was present ~nd stated hs would like to request that the buffer on the western line going from west to east for the first 100 feet be reduced to 35'. Mr. Case was present and stated he had no objections to that requests, Mr. Bookman inquired if the applicant would agree to a fence ~ith barb wire over hang and also placing the fence on the applicant's side of the property rather than the property line. ~r. Whirr stated they were agreeable. On motion of Mr. Bookman, seconded by Mrs Girone, this request was approved as recomendsd by the Planning Cormmission subject to the following conditions: l. This Conditional Use shall be granted for the sole purpose of construction of a Parking lot which is to be used in conjunction with development of property to the north which is presently zoned General Business (B-3). ~. A fifty (50) foot buffer shall be maintained along the southern and eastern property lines. This buffer shall be maintained in its natural state with the exception of an area that shall be cleared for the erection of a 7 ft. chain- link fence with barb wire overhang and wooden slats along the southern and eastern property lines and actually erected on the applicant's property. No facilities, parking or buildings other than the fence shall be permitted within this buffer. The buffer on the western property line shall be reduced to 35 ft. for the first 100 ft. going from west to east. All exterior lighting shall be low level, not to exceed a haig] of fifteen (15) feet, and positioned so as not to project light into adjacent residential properties. Unanimous 80-062 79S215 · In Midlothian Magisterial District, Barton-Corso and Asso Ltd. ~quested rezoning from Agricultural (Al to or a Po.70 acre parcel frontin ...... · _'~ west line of Otterdale Road and located approximately 600 feet southwest of its intersection with Old Hundred Road. Tax Map 24 (1) parcel 101 (Sheet 6). There was no opposition present. On motion of ~rs. Girone bY the Planning Commission. seconded by Mr. Bookman, this request was approved as reco~ended Vote: unanimous 79S216 In Midlothian Magisterial Dis:riot, Midlothian Development Corp. requested a Conditional Use to permic recreational facilities and grounds appurtenant thereto in a Residential (R-15 District on a 10.934 acre parcel fronting approximately 800 feet on the north line of Smoketree Drive and located approximatel 1200 feet west of its intersection with Courthouse Road. Tax Map 27-10 (1) part of parcel 5 (Sheet 8)~ Mr. Jim Hayes was present representing the applicant and stated the conditions were acceptable. There was no opposition present. On motion of Mrs. Girone, seconded by Mr. Bookman, this request was approved subject to the following conditions as recommended by the Planning Commission: 1. Final site plans shall show the location of the 100 Year Flood Plain for the creeks which traverse this property. 2. Ail parking and driveways shall be paved~ 3. A minimu~ of one parking space shall be provided for each four persons of pool capacity (NOTE: Pool capacity is based on 12 persons per diving board plus one person per each 27 square feet of switching area, plus 1 person for each 10 square feet of wading area.) All outdoor lighting shall be no higher than fifteen (15) fee and shall be designed so as not to project light into adjacen? properties. The hours of operation shall be limited to Sunday through Thursday, from 8:00 a.m. to 9:00 p.m., and Friday through Saturday, 8:00 a.m. until 11:00 p.m. Only one sign not to exceed four (4) square feet in area, shall be permitted. This sign shall not be illuminated nor lUminous. Prior to erection, a rendering of this sign shall be submitted to the Division of Development Review for approval. A thirty (30) foot buffer strip shall be provided along all property lines. No trees greater than five (5) inches in caliper shall be removed (underbrush and weeds may be removed). No structures, recreational facility or parking shall be permitted within this buffer area. A driveway, bicycle path and pedestrian path, however, shall be permitted through the south buffer. A bicycle path, segregated from the vehicular driveway and pedestrian path, shall be provided. In addition, a separate bicycle parking area shall be provided. The deck of the pool shall be one (1) foot higher than the 100 Year Plain of the two creeks. Prio~ to construction of any facilities, detailed site plans shall besubmitted to the Division of Development Review for approval. 80-063 z~. ~aere shall be no outside public address sys~em'0r Speakers. 12. The above conditions notwithstanding, the plan prepared by J. K. Tirmmons and Associates, dated November 5, 1979, submitted with the application shall be considered the plan of development. Vote: Unanimous 80S015 In Clover Hill Magisterial District, Southport Corporation requeste~ ~n amendment to a previously granted Conditional Use Planned ]evelopment (Case 79S065) to delete the requirement to provide ~n eighty (80) foot right-of-way along Southlake Boulevard ~xtension from its intersection with Branchway Road 100 feet ~astwardly. This request lies on a parcel which fronts approximately 500 feet on the east line of Branchway Road and is located approximately 1800 feet south of its intersection with Route 60 and is Southport Industrial Park Phase Il. Tax Map 17-13 (1) parcel 11 (Sheet 8). There was no opposition present. On motion of Mr. Bookman, seconded by Mrs. Girone, this request was approved subject to the following condition as recormnended by the Planning Commission: the.right-of-way of Southlake Boulevard extended shall be a minzmum of sixty (60) feet from its intersection with Branchway Road 100 feet eastwardly. ~ote: Unanimous ~0S018 In Dale Magisterial District, Chesterfield Cablevision, Inc. ~equested a Conditional Use Planned Development to permit a :elevision tower in a General Business (B-3) District on a ~arcel fronting approximately 220 feet on the northwest line Df Route 10 and located approximately 500 feet northeast of its intersection with Canasta Drive. Tax Map 66-1 (1) part of ~arcel 3 (Sheet 22). ~ron.La~r~sdew~spresent. ~r. Daniels~a, of~rrissett Funeral H oma 'tared he felt the drainage problem had not been correcte~ for ~ previously granted request for zoning or use of the land and :tated he was concerned. Mr. LaPrade stated he would See that the drainage problem was corrected properly. On motion of fr. Daniel, seconded by Mr. O'Neill, this request was approved ~s recormnended by the Planning Commission and subject to the [ollowing Conditions and with the understanding that the twenty- ~ive (25) foot buffers imposed at the time the property was rezoned ~long the north and eastern property lines be maintained and that ~11 cleared areas of 200 sq. ft. or greater be planted with Virgini~ ~ative cedar and whitepines obtaining ah eight of at least six (6) feet: The Conditional Use shall be granted for the purpose of constructing a 250 foot television transmitting tower. Prior to erection of the tower, FAA approval shall be obtained. A copy of this approval shall be submitted to the Division of Development Review. The plan submitted with the application shall be considered the Master Plan. In conjunction with approval of this request, the Planning Co~ission shall grant schematic Approval of the plan submitted with the application. The previously imposed drainage and ditching requirements shall bm accomplished and maintained prior to occupancy. fore: Unanimous 80-064 79S208 In Matoaca Magisterial District, Philip V. Daffron requested rezoning from Convenience Business (B-i) to Community Business (B-2) of a 1.570 acre parcel fronting approximately 400 feet on River Road also fronting approximately 450 feet on Dupuy Road and located in the northwest quadrant of the intersection of these roads. Tax Map 182-6 (3) Laurel Branch Farms, Block K, part of lot A (Sheet 53). Mr. O'Neill discussed the drainage problem with the applicant ragarding the Town and Coumtry NuzSery property and statad he felt the property owners should satisfy the drainage requirements necessary to protect the day care oentar. After further discussion of the mattar, it was on motion of Mr. O'Neill, seconded by Mr. Daniel, this request was approved as recommanded by the Planning Commission and with the applicant proffering the following condition: The final site plan approval shall not be granted unless and until the Virginia Department of Highways and Transportation ~ has given approval for the road access being acceptable with respect to the realigrnnent proposed for Dupuy and River Roads. Vote: Unanimous Mr. Meiszer stated the State Compensation Board had approved the Commissionar of Revanue's salary at $20,500 and the Board had previously approved it at $21,912. He stated the difference is $700 for the remainder of the year if the Board felt the salary should be higher. On motion of Mr. Bookman, seconded by Mr. Daniel, the Board approved the additional salary of $700 for the Commissioner of tha Revenue. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. O'Neill, Mr. Harry Daniel was appointed to the Audit Committee, replacing Mr. Dodd who rasigned. Vote: Unanimous On motion of Mr. Bookman, seconded by Mr. O'Neill, the Board adjournad at 7:00 p.m[ until 8:30 a.m. on Wednesday, January 30 1980 to meet with the Legislators at the Bells Road Holiday Inn. Vote: Unanimous icholas M. Meis~e~ /] County Administrato~z R. Garland Dod~ -- r~ Chairman 80-065