03-26-1980 Minutes MINUTES
March 26, 1980
Supervisors in Attendance:
Mr. R. Garland Dodd, Oaairman
Mr. Harry G. Daniel, Vice Ch~irmm~
Mrs. Joa~ Girone
Mr. E. Merlin O'Neill, Sr.
Mr. Nicholas M. Meiszer
County Administrator
Mr. Dodd called the meeting to order
9:00 a.m. (EST).
Mr.'Bookman gave the invocation.
Staff in Att~dance:
Mr. Phil Hester, Director of
Parks and P~creation
Mr. Elmer Hedge, Director of
Mmnag~nent Services
Mr. C. G. Manuel, Asst. Co. Admin.
Mr. Steve Micas, Co. Attorney
Mr. Robert Painter, Utilities Dir.
Mr. Rick Parks, Data Processing Di
Mr. Irene Razsey, Budget Director
Mr. A1 Wynne, Administrator of
M~ntal Health/Mental Retardati~
at the Courthouse at
It was generally agreed by the Board to defer consideration of
the minutes until Mr. Lane Ramsey, Budget Director, was
present to clarify action taken in the minutes regarding the
fire station bond funds.
Mr. Painter presented the Board with the financial reports
which he indicated had been revised to show a more realistic
figure of funds available.
Mr. Quaiff~ Superintendent of Accounts and Records, stated
that at the Board meeting on October 10, 1979, the Board
authorized the Utilities Department to charge off $106,832.22
which represented all unpaid accounts prior to January 1, 1979.
He stated .they had reviewed contracts with several agencies
to collect these funds and recon~nended approval of a contract
with the Credit Bureau Collections. He stated they would
receive 50% of that which was collected for accounts over
one year old and a lesser percentage for those not over a
year old, but the County will not give them the accounts
less than a year old at this time. Mr. Daniel inquired if
the County was considering giving them any accounts that was
owed the County. Mr. Meiszer stated he would look into
other accounts and the possibility of them also collecting
these. Mr. Bookman stated he wondered about the tactics used
by collection agencies in general. Mr. Quaiff stated new
restrictions had been placed on collection agencies and they
have to conform to better methods. Mrs. Girone inquired if
the County could learn from past experience and eliminate
these types of accounts whic~ are unpaid. }fr. Quaiff stated
that he has $30,000 outstanding accounts out of $9,000,000
and that he has employed a person who is working on collecting
accounts past due which seems to be successful. He stated
most of these types of accounts are from people who move.
Mrs. Girone inquired about a deposit system. Mr. Quaiff
stated the deposit would have to be enough to cover the
average bill and in the past there was a $10 deposit which
was not enough. Mr. Metszer stated that the County could
require anyone moving into a building to pay the outstanding bill
which is done in other areas. After further consideration,
it was on motion of Mr. Daniel, seconded by Mrs. Girone, resolved
that the County Administrator be authorized to enter into a
contract with the Credit Bureau Collections, a division of
the Credit Bureau of Richmond, Va., Inc. tb collect accounts
which are unpaid prior to January 1, 1979 for the Utilities
Department.
Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs Girone.
Absent: Mr. O'Neill. '
80-138
mace the following adjustments of appropriations:
1. Southside Shopping Center - W79-4CD. Appropriated from
563 Surplus, $9,370.94 to 380-1-69042-7212 (cash refunds).
The additional cash refund is due to changes in the initial
plans resulting in much more 16" pipe being used.
2. Chester Road to Airport - W77-77C. Appropriated from
573 Surplus to $4,750.00 to 380-1-67771-4393. This amount
will cover the cost of lowering the water line to
accommodate future sewer lines.
3. Rabbit Run - Off-site - W78-67CD. Unappropriated from
380'1-68672-4393, $5,854.45 to 563 Surplus.
4. Rockwood Square Shopping Center -' W79-48CD. Appropriated
from 563 Surplus, $53.76 to 380-1-69482-7212 (cash refunds).
5. Cogbitl Road Sanitary Sewer -S79-102CD. Appropriated
from 573 Surplus, $6.78 to 380-1-79025-4393. This will
finalize the project.
6~ Grantham Property - S80-24CD. Appropriated from 573
Surplus, $2,155.50 and from 573-1-00640 (advances by
developers) $94.50 for a 'total of $2,250.00 to
380-1-70242-4393. This project was approved on March 12,
1980.
Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs Girone.
Absent: Mr. O'Neill. '
Mr. Painter stated he had received a request for water and
sewer service for the existing homes on Courthouse Road
between Genito Road and Route 360. He stated there were 32
existing homes along this section of Courthouse Road, that
15 have signed a petition requesting sewer service and 18
had signed a petition requesting water service. He stated
the estimated cost to provide sewer service to all the homes
was approximately $300,000 not including easement costs.
Mr. Bookman stated he felt the design work should be done
to serve the 11 residents on the west side with water and
sewer and water on the east side. Mr. Duncan, a resident
of the area, stated there were mostly older residents living
in the area, that they are having problems with water and sewer
and that the taxes continue to rise and they do not have
County water and sewer. Mr. Bookman stated that real estate
taxes are not involved in the water and sewer line extension,
that this is a separate fund entirely. Mr. Duncan stated
the developer, with whom the County has experienced problems
before, should be made to improve Or pay for the systems.
Mr. Bookman stated the developer put in the wells and septic
tanks in accordance with regulations by the Health Department
for which the County has no control.
Mr. Painter stated there were actually 9 homes and not 11
on the west side. Mr. O'Neill joined the meeting. Mr. Painter
stated there may be problmrm obtaining the eas~mmt~ for the line as it will
~einuntf~i~en~?f?~he~homes: Mr. 5~man s~ated he realized that nothing could be
devel~~ z,r~e~ ~v, ~o~r znstalls.w~ter and sewer zn the l~d Terrace
.... uF~-~ ana ~nat t. be people wzll have to eca~l~zt to sewer first, abandon
unezr septic tar~s and then have water li~es c~as~,~ ^~
further ~ ........... ~uer
~scus$~on oz t~e matter, it was on moti°n of Mr, Boo, man,
to have the cng ~ng c~ne to serve the 9 hc~ms on the west side from Point
A to Point B on the water amd sewer maps, and for the east side to be served
with water from Point C to Point D on the water map with the ~derstandirg the
easenants will be of no cost to the Co%mty.
Vote: Unanimous
Mr. Painter'stated that the County had received a notice of a
hearing from the State Water Control Board on a proposed amendment
for "Policy for Sewage Treatment Plan Loadings" which could
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have some effects on the County as far as possible moratoriums
are concerned. He presented the Board with a copy of the
amendment for informational purposes 0nly.
Mr. Daniel stated he would like the Board to consider granting
11 residents in Beechwood a reduced sewer connection fee in
the amount of $300. He stated the residents have agreed to
sign an affidavit stating they did receive a survey card
stating they would receive sewer at the $300 rate. He stated
that when the Garland Heights project was approved, these
residents were not afforded the opportunity to connect.
Mrs. Girone stated she thought this matter had been discussed
previously, voted on and denied. Mr. Micas stated it had
been voted on, there was a 2-2vote, but because it was ~nexpenditure of $500
it needed a votsof the majority of the Board, a~dMr. D~nielhadrequasted
deferral until the full Board was present. Mr. Daniel
stated, according to the County Attorney, the Board did not
have a legal obligation to approve this request but Mr.
Daniel stated he felt the County had a moral obligation.
Mr. Bookman stated this would be setting a precedent by
accepting a survey card, that only contracts and signed affidavit~
stating contracts had been signed had been accepted in the past.
He stated this would put a large financial bind in the sewer
funds. He stated the Board had extended the contract for the
Garland Heights area from the original contract but he could not
vote in favor of this. Mr. Dodd inquired how many areas in
Clover Hill DistriCt were underway with the $300 connection fee.
Mr. Bookman stated Clifton Farms, Forest Acres and Trampling
Farms but they had signed contracts and not survey cards.
Mrs. Girone stated when the Crestwo0d Farms project was
approved, survey cards were not accepted then. She stated the
Board has already set a precedent only honoring s%gned contracts
and that should he followed in this case~ Mr. Daniel stated on
several occasions the Board has approved reduced sewer connection
fees.. Mrs. Girone stated she felt a signed contract, which was
a legal document, should only be accepted.
Mr. Daniel made a motion that 11 residents in Beechwood be
granted a sewer ~onnection fee of $300.
Mr. Dodd suggested that an amendment be made to that motion
that the Board would honor this request, and others that are
actively being sewered at this time~ and that the Board would
not honor anymore $300 contracts. Mr. Bookman stated he did
not feel contracts could be denied. Mr. Daniel stated he felt
$300 contracts should be honored. Mr. Welchons stated the
contract, as he could remember, stated that they would receive
the connection fee stated, when the County was actively pursuing
the installation of sewer in the area and some of the contracts
ars several years old.
Mr. Bookman inquired if survey cards had ever been honored before
Mr. O'Neill stated the Board may not have honored a survey card,
per se, but there had been some confusion on who did what, when
and where and they had been honoring signed affidavits.
Mrs. Girone stated she had a petition which cited the $300
fee and inquired if petitions, as well as phone calls,
would be honored in the future.
Mr. Dodd asked that the County Attorney review the contracts
and make a determination as to whether or not the Board could
void the $300 connection fee contracts after the active
contracts are completed.
Mr. O'Neill seconded Mr. Daniel's motion to approve the $300
sewer connection fees for ll residents in Beechwood~ the list of
which is filed with the papers of this Board.
Ayes: Mr. Dodd, Mr. Daniel and Mr. O'Neill.
Nays: Mr. Bookman and Mrs. Girone.
Mr. Dodd stated he felt that it was poor business to honor
contracts for the $300 Connection fee.
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2.
VII.
VIII.
On motion of Mr. O'Neill, seconded by Mr. Bookman, the Board
approved Change Order No. 1 for the Falling Creek Sewage
Treatment Plant Expansion, Project No. 7032-25, for the contractor
to reschedule certain construction activities for which there
is no change in contract price but subject to EPA approval.
Vote: Unanimous
Mr. Painter presented the Board with a copy of developer sewer
and water contracts executed by the County Administrator.
on motion of Mr. Dodd, seconded by Mr. Bookman, the Board accepted
a counteroffer from Robert T. and Irene M. Cunningham in the
Halfway Heights Subdivision for a sewer easement of variable
width across lots 28, 29 and 60 in the amount of $750, Bermuda
District.
Vote: Unanimous
On motion of Mr. Dodd, seconded by Mr. O'Neill, the Board
authorized the County Administrator to execute on behalf of the
County a deed of dedication by and between Hazel Flagler James
and the County of Chesterfield for a 20 ft. strip of land along a
30 ft. road in North Rivermont Subdivision located in Bermuda
District which is required for a variance to construct a
dwelling, Map Section 135-16.
Vote: Unanimous
On motion of Mr. Bookman, seconded by Mrs. Girone, the Board
authorized the County Administrator to execute a deed of
dedication accepting a 25' strip of land along Elkhardt Road
on behalf of the County from E. M. and O. S. Quesenberry, a
copy of the plat is filed with the papers of this Board, Clover
Hill District.
Vote: Unanimous
Mr. Painter stated that the State Water Control Board had
recently had a letter ballot and they did approve the
$3,000,000 overrun for the Falling Creek Sewage Treatment Plant
which was also confirmed by the State Water Contr
at their regular meeting. He stated they are outlining their
~riority_li~t and the County's second phase money is involved.
~e state~ the Washington EPA office will be making a final
decision in the near future and it might be wise for the
County to send a resolution to our Congressional delegation.
He stated that we are in the Nevada Plan and the Nevada Plans
may he excluded from the freeze. He stated the first phase
of the project cannot be used without the second phase. After
further discussion of the matter, it was on motion of the
Board, resolved that the following resolution be adopted and
sent to the Congressional Delegation representing Chesterfield
County:
Whereas, the Falling Creek Sewage Treatment Plant was
hid under the Nevada Plan which provides for bids on the
entire project but with only partial funding, and would be
funded in two phases; and
Whereas, construction has already started on the first
phase of the Falling Creek Sewage Treatment Plan; ~nd
Whereas, the second phase of the project must be awarded
by May 25, 1980 or the contract will no longer be valid; and
~Fnereas, the entire project must be completed before the
plant will be operational; and
Whereas, the State Health Department, the State Water
Control Board and the Environmental Protection Agency have
approved all plans and documents connected with this project;
and
80-141
Whereas, the State Water Contr?l Board has certified to i
the Environmental Protection Agency s Region III Office in
PhiladelPhia that the grant for Phas~ 2 in the amount of I
$10,153,747 he funded from the State s Fiscal Year 1980 allocation
Now, Therefore, Be It Resolved that the Board of
Supervisors of Chesterfield County requests your help in
assuring the release of the funds for the second phase of this
project in order that the construction may proceed according
to schedule as further delay of this project could result
in the imposition of a serious hardship on the people of
Chesterfield County.
Vote: Unanimous
On motion of Mr. O'Neill, seconded by Mr. Bookman, the Board
approved the payment of $4,100 from the General Fund
contingency account to pay for damage to the Ettrick Baptist
Church by the storm sewer and sewer line on Light Street.
Vote: Unanimous
Mr. Micas reminded the Board that the County was protected by
sovereign immunity against any legal obligation to pay this claim.
It was generally agreedbythe Board to defer consideration of
a street light request for the intersection of Winterbourne
Drive and Willowdale Drive until April 9, 1980.
Mr. O'Neill inquired when the revised street light policy was
to be brought to the Board for consideration. Mr. McElfish
stated at the April 9, 1980 meeting. Mr. Bookman suggested
that each Board member be allowed to discuss and approve
street light requests for their area without each one
coming to the Board meeting for consideration. Mr. McElfish
stated that this would basically be done with the new policy.
Mr. Daniel inquired how long the $1,000 street light fund
had existed and stated that years ago that same figure would
pay for more than it does today with inflation. Mr. O'Neill
stated that the County is requiring developers to install
wiring in strategic locations in subdivisions now and we are
looking at the older areas with these requests. He stated
the steps are being taken for the future. Mr. Bookman
stated he felt the policy in the past had provided service
in a reasonable manner.
On motion of Mr. Dodd, seconded by Mr. Bookman, the Board
approved the installation of a street light at the intersection
of Park Road and Chester Road with any associated costs being
expended from the Bermuda District Street Light Fund.
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Old Well Terrace and Old Well Lane in Heritage
Woods, Section 3, Clover Hill District.
Upon consideration whereof, and on motion of Mr. Bookman,
seconded by Mr. O'Neill, it is resolved that Old Well
Terrace and 01d Well Lane in Heritage Woods, Section 3;
Clover Hill 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, 01d Well Terrace beginning at
the intersection With Planters Wood Road, State Route 1939 and
going .04 mile northeasterly to intersection with 01d Well
Lane then .04 mile northeasterly to a cul-de-sac; 01d Well
Lane beginning at the intersection with Old Well Terrace and
80-142
going .07mile southeasterly t o a cul-de-sac. These roads serve sevente~nlot~
And be it further resolved that the Board of SupervisOrs
guarantees to the Virginia Department of Highways a ~0 ft ri hr-
of-way for all of these roads This secti~
is recorded as follows: ' w~ ~ ,erzuage ~ooos
Section 3, Plat Book 32, Pages 57 and 58, November 16, 1978.
Vote: Unanimous~
This day the County Environmental Engineer, in accordance
with directions from this Board~ made report in writing upon
his examination of Jefferson Avenue in Walnut Place, Bermuda
District.
Upon consideration whereof, and on motion of Mr. Bookman,
seconded by Mr. O'Neill, it is resolved that Jefferson Avenue
in Walnut Place, 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
~ake into the Secondary System, Jefferson Avenue beginning at
~he intersection with Walnut Drive and running southerly .07 mile
to a dead end. This road serves four lots.
, And he it further resolved that the Board of Supervisors
guarantees to the Virginia Department of Highways a 50 ft. right-
of-way for this road. Walnut Place is recorded as follows:
P, lat Book 8, Page 241, 3anuary 26, 1954.
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Loren D~ive and Walnut Drive in Bury Subdivision,
Bermuda District.
Upon consideration whereof, and on motion of Mr. Bookman,
seconded by Mr. O~Neill, it is resolved that Loren Drive and
Walnut Drive in Bury Subdivision, Bermuda 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, Loren Drive, beginning at
the intersection with Enon Church Road, State Route 746,
and running southerly .12 mile to the intersection with
Walnut Drive, then continuing south .06 mile to a temporary
turnaround; Walnut Drive, beginning at the intersection
with Jefferson Avenue, State Route 610 and running westerly
.07 mile to the intersection of Loren Drive, then continuing
west .08 mile to a temporary turnaround. These roads serve
42 lots.
And be it further resolved, that the Board of Supervisors
guarantees to the Virginia Department of Highways a 50 ft.
right-of-way for these.roads. Bury is recorded aS follows:
Plat Book 12, Page 12, July 7, 1960.
Vote: Unanimous
This day the County Environmental Engineer, in accordance with
directions from this Board, made report in writing upon his
examination of Retriever Road, Gunsight Lane, Gunsight Court,
Gunsight Terrace, Huntingcreek Drive, Huntingcreek Court,
Huntingcreek Place and Huntingcreek Terrace in Huntingcreek
Hills, Section C, Dale District.
80-143
Upon consideration whereof, and on motion of Mr. Bookman,
seconded by Mr. O'Neill, it is resolved that Retriever Road,
Gunsight Lane, Gunsight Court, Gunsight Terrace, Hunting~reek
Drive, Huntingcreek Court, Huntingcreak Place and Huntingcreek
Terrace in Huntingcreek Hills, Section C, 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, Retriever Road, beginning
at the intersection of Gunsight Lane and running easterly
.10 mile to previously recorded Retriever Road in Section B
of Huntingcreek Hills, beginning at the intersection of
Road and running southerly .07 mile to the intersection of
Gunsight Court, then continuing southerly .06 mile to the
intersection of Gunsight Terrace then continuing southerly
.05 mile to the intersection of Huntingcreek Drive; Gunsight
Court, beginning at the intersection with Gunsight Lane and
running east .07 mile to end in a cul-de-sac; Gunsight Terrace,
beginning at the intersection with Gunsight Lane and running east
.11 mile ko end in a cul-de-sac; Huntingcreek Drive, beginning
at Huntingcreek Drive, State Route 1913 in Section B and running
westerly .03 mile to the intersection with Huntingcreek Terrace,
then continuing westerly .03 mile to the intersection with
Huntingcreek Court, then continuing westerly .14 mile to the
intersection with Gunsight Lane, then continuing westerly .03
mile to Section D of Huntingcreek Hills; Hantingcreek Terrace,
beginning at the intersection with Huntingcreek Drive and running
southwesterly .10 mile to end in a cul-de-sac; Huntingcreek
Court, beginning at the intersection with Huntingcreek Drive and
running north .05 mile to end in a cul-de-sac; Huntingcreek
Place, beginning at the intersection with Huntingcreek Drive and
running south .10 mile to end in a cul-de-sac. These roads serve
115 lots.
And be it further resolved that the Board of Supervisors
guarantees to the Virginia Department of Highways a 50 ft. right-
of-way for all of these roads except Huntingcreek Place,
Huntingcreek Terrace, Huntingcreek Court, Gunsight Court and
Gunsight Terrace which have a 40 ft. right-of-way and
Huntingcreek Drive which has a 60 ft. right-of-way. This
section of Huntingcreek Hills is recorded as follows:
SectiOn C, Plat Book 32, Pages 55 and 56, November 16, 1978.
Vote: Unanimous
Mrs. Girone stated that a drainage problem exists on Jimmy
Winters Road, that it has existed for years and that it is
~ontinuously getting worse. She stated this project is in the budget
or n~xt year, but with small mzo~ts of rainfall they are expe~iemc~g
flash flooding now. Mr. McElfish stated that they had originally
planned to do this with County staff but the Project is too
large. He stated that if the engineering is contracted out,
County staff eau do the work. After further discussion of the
matter, it was on motion of Mrs. Girone, seconded by
Mr. Bookman, resolved that the County Administrator enter into
a contract with Robert Carter for engineering services in
the amount of $10,800 for improvements in the Jin~my Winters
Road area, Ben Air Project, near the intersection of Forest
Hill and Buford Road, and forther the~oardappropriated $10,800 from the
Unappropriated Surplus oftheC~neral~ndfor this project.
Vote: Unanimous
On motion of Mr. Bookman, seconded by Mrs. Girone, the
following resolution was adopted:
The Chesterfield County Board of Supervisors hereby
80-144
' 4.G.
requests the V~rgln~a Department of Highways and Trans{%rtati0n
to add a section of Satinwood Road from Turner Road, Route 650,
a distance of 0.12 mile, to the Secondary System of
Chesterfield County pursuant to Section 33.1-229 of the
Code of Virginia, 1950, as amended.
And Be It Further Resolved that this Board guarantees
to the Con~onwealth of Virginia an unrestricted right-of-way of
50 feet with necessary easements for cuts, fills and drainage;
Recorded in Deed Book 1453, Page 593, dated February 19, 1980.
Mr. Dodd inquired how staff was progressing with Okuma Drive at
Route 10. Mr. McElfish stated they were proceeding with the
contract to take the right-of-way off the first three residences
but it would be around July before the road will be ready.
It was generally agreed to defer consideration of the deletion
of three railroad grade crossings from the County's secondary
road six year plan and the 1978-79 annual budget until
April 9, 1980.
Mrs. Girone inquired about the Cranbeck railroad crossing.
Mr. Williams stated funds had been appropriated for this crossing.
On motion~ of Mr. Daniel, seconded by Mr. Bookman, the following
appointments were made to the Metropolitan Planning
Organization (MPO) effective immediately:
Regular
Mr. C. L. Bookman
Mrs. Joan Girone
Mr. Dexter R. Williams
Mr. James P. Zook
Vote: Unanimous
Alternates
Mr. Jeffrey B. MUzzy
Mr. Ira F. Doom
Mr. Philip L. Winters
Mr. Daniel stated he had heard that the federal government has
raised their travel expense to 18¢ per mile and inquired what
the County was doing in this regard. Mr. Lane Ramsey stated
the County usually followed the State's polity. Mr. Daniel
stated he hoped it would be normal policy in the future to
adjust travel expenses accordingly as expenses increase. It
was generally agreed by the Board that the County should begin
paying 18¢ per mile for travel reimbursement effective April 1,
1980.
Mr. Dexter Williams presented the Board with the proposed statemen
to be made at the 1980 Annual Pre-Allocation Hearing for the
Richmond Di'strict on March 27, 1980 at 10:00 a.m. It was
generally agreed that this statement was appropriate. Mr. Bookman
inquired if the asphalting of Genito Road should also be
addressed for Revenue Sharing Funds. Mr. Williams indicated that
staff was proposing this project for Revenue Sharing Funds but
that it should be addressed at the April 9th public hearing.
Mrs. Girone excused herself from the meeting.
On motion of Mr. Dodd, seconded by Mr. Bookman, the Board
authorized staff to refund Mr. Robert H. Wiley's z~ning
application fee in the amount of $170.
Ayes: Mr. Dodd~ Mr. Daniel, Mr. Bookman and Mr. O'Neill.
Absent: Mrs. Girone.
Mrs. Girone returned to the meeting.
On motion of Mr. Bookman, seconded by Mr. Dodd, the Board
80-145
in the amount of $75.00 and wai~ +~- 6=~ . e~cue~qua?
fee for Mr Howard T ~-~--- ~ ~,,= ~u variance app£1catlo~
Vote: Unanimous
Mr. Muzzy Stated in the case of Mr. Bridget and the necessity
for two applications and fees, the Planning Commission would
be considering a change at their next meeting so as to
eliminate duplication.
On motion of Mr. Daniel, seconded By Mr. Bookman, the following
resolution was adopted:
Whereas, the City of Richmond has ~losed a portion of
Hopkins Road for repairs and inspection at the Falling
Creek Reservoir; and
Whereas, this closure at the Richmond Corporate limits
has created a tremendous inconvenience for many residents
of the area, specifically Chesterfield County; and
Whereas, the Chesterfield County Board of Supervisors has
received numerous complaints concerning this closure; and
Whereas~ Chesterfield County officials have discussed
this with City personnel and have been informed that
reconstruction of Hopkins Road, which is necessary for the
road to be opened, will proceed as soon as weather permits.
Now, Therefore, Be It Resolved by the Chesterfield County
Board of Supervisors that the City of Richmond be requested
to do everything necessary to expedike this matter prior to
April 15, 1980, and requests further that the County be
notified of any delays or unforeseen problems; and
Further Be It Resolved that the Board of Supervisors
expresses its appreciation to Mr. Garland Roberts and Mr. Alex
Cord, Department of Public Works, who have been most helpful
and cooperative in this matter.
Vote: Unanimous
Mr.' Daniel excused himself from the meeting.
Mr. Meiszer stated this time and date had been scheduled for
a public hearing to consider an ordinance relating to
establishing a Central Absentee Voter District. He stated
the Beard did adopt this on an emergency basis at the February
27, 1980 meeting. There was no one present to discuss this
matter. On motion of Mr. Bookman, seconded by Mr. O'Neill,
the following ordinance was adopted: '
An Ordinance to Amend the Code of the County
of Chesterfield, 1978, as Amended, to Establish
a Central Absentee Voter District
Be It Ordained by the Board of Supervisors of the County of
Chesterfield:
(1) That the Code of the County of Chesterfield is amended
and reenacted as follows:
There is hereby established a central absentee voter election
district in the Circuit Court Conference Room on the first floor
across from the Circuit Court Judges' Chambers at the Chesterfield
Courthouse for the purpose of receiving~ counting and recording
all absentee ballots in all elections cast within the County.
Such central absentee voter election district shall receive,
count and record all absentee ballots in accordance with the
requirements of Section 24.1-233.1 of the Code of Virginia and
all other applicable provisions of law. This shall be effective
February 1, 1980 for a period of twelve months.
80-146
Ayes: Mr. Dodd, Mr. Bookman, Mrs. Girone and Mr. O'Neill.
Absent: Mr. Daniel.
On motion of Mr. Bookman, seconded by Mr. Nezll, the Board
approved a fireworks permit for the Chesterfield County Parks
and Recreation Department for July 4, 1980, subject to the
regulations of the Fire Department, which display will be
held at the Courthouse Stadium.
Ayes: Mr. Dodd, Mr. Bookman, Mrs. Girone and Mr. O'Neill.
Absent: Mr. Daniel.
Mr. Daniel returned to the meeting.
On motion of Mrs. Girc~e, seconded by Mr. Bookman, the Board
awarded the contract for the restroom/concession building at
Robious Elementary School to M. E. Howard Construction
Company who submitted the low bid of $90,724 and further the
Board authorized the County Administrator to execute any
necessary documents for this contract.
V~te: Unanimous
On motion of Mr. Daniel, seconded by Mr. Bookman, the Board
awarded the contract for the lighting of tennis courts and a
baseball field at Meadowbrook High School to Commercial Electric
who submitted the low bid of $78,890 and further the Board
authorized the County Administrator to execute any necessary
documents relating to this contract.
Vote: Unanimous
Mrs. Girone inquired what type of wiring'was to be used.
Mr. Daniel stated copper wiring would be used. Mr. Daniel
inquired when theentire project would be completed, including
scraping the field which was a top priority. Mr. Hester
stated the entire project at Meadowbrook should be completed
in 60 days.
Mr. Hester stated that the County's grant application is on
the Con~u~ission of Outdoor Rscreation's agenda for April 11,
1980 but the County may be asked to modify the plan to $400,000.
On motion of Mr. Dodd, seconded by Mr. Bookman, the Board
awarded the contract for the restroom facility and satellite
maintenance facility for Point of Rocks Park to Jabar
Construction Company who submitted the low bid of $104,520
which includes alternate one for wood siding on the restroom
and further the Board authorized the County Administrator to
execute any documents regarding this contract.
Vote: Unanimous
Mr. Bookman stated he felt the leaders of some of the
athletic associations are giving erroneous information to the
public as to what is being done in each area regarding the
scheduling of parks. Ne stated he felt Mr. Hester was
receiving undue criticism and that perhaps something could
be published in the paper or a letter sent to the organizations.
Mr. Hester stated he had already sent letters to the associations
It was generally agreed that a letter should be written and
sent to the recreation organizations either from ~he County
Administrator or the Chairman indicating the County's dissatisfacti~
with this typs of situation.
On motion of Mrs. Girone, seconded by Mr. Daniel, the Board
declared Unit #66 and Unit #86, Fire Apparatus, as surplus
80-147
~quipment and authorized the County Administrator to
negotiate a sale for these units and accept the best offer on
behalf of the County.
Vote: Unanimous
Mrs. Girone Stated that the Midlothian Fire Department
had entered a piece of fire apparatus in a parade on Saturday
in the City of Richmond and the Mayor and the judging committee
stated the equipment was outstanding and itreceived
an award~
On motion of Mr. Daniel, seconded by Mr. Book:nan, Literary Funds
approved for the school sysnem are appropriated as follows:
Granse Hall Additfon - 1980:
340-83201-2121 - Archi~ecn Fees
340-83201~2999 - Other Costs
340-83201-4201 - Buildings
Harrowsa~e Addition - 1980:
340-83202-2121 - Architect Fees
340-83202-2999 - Other Costs
340-83202-4201 - Buildings
ManchesTer Addition - 1980:
S 60,0O0
10,000
930,000
1,000,000
$ 45,000
5,000
700~000
750,000
340-83203-2121
340-83202-2999
340-83203-4201
- Archinec5 Fees
- Other Coscs
- Buildings
Monacan Addition
340-83204-2121
340-83204-2999
340-8320&-4201
- 1980:
- Architect Fees
- Other Costs
- Buildings
Providence Addition - 1980:
340-83205-2121
340-83205-2999
340-83205-4201
- Architect Fees
- Other Costs
- Buildings
Robious Middle AddftTon - 1980:
340-83206-2121 - Architect Fees
340-83206-2999 - Other Costs
340-83206-4201 - Buildings
Salem Middle ~ddition - 1980:
340-83207-2121 - Architect Fees
340-83207-2999 - Other Costs
340-83207-4201 - Buildings
Swift Creek Addition - 1980:
340-83208-2121 - Architect Fees
340-83207-2999 - Other Costs
340-83207-4201 - Buildings
Grand Total
S 45,000
5,000
700,000
750,000
S 45,000
5,0OO
700,000
750,000
$ 45,000
5,000
700~000
750,000
$ 45,000
5,000
700~000
750,000
$ 45,000
5,000
700,000
750,000
45,000
5,000
700,000
750,000
6,250~000
80-148
Vote: Unanimous
ll.A~
ll.f
On motion of Mrs. Girone, seconded by Mr. Bookman. the Board
approved and authorized the County Administrator to accepg the
following grants for the Mental Health and Mental Retardation
Program:
1. G~oup Home Improvmments - $2,500 in State funds, $250 County
matching funds;
2. Occupational Center Improvements - $2,000 in State funds and
$200 County matching funds; and
3. Adult Training Center Van - $8,010 State funds and $890
County matching funds; and
further the Board transferred $1,340 matching funds from the
contingency account to the appropriate account as indicated
for the grants.
Vote: Unanimous
Mr. Daniel inquired if the new administration addition would have
facilities for the handicapped such as ramps, etc. Mr. Meiszer
stated it would.
On motion of Mr. Daniel, seconded by Mr. Bookman, the Board
transferred $4,120 from the General fund contingency account
to Furniture and Fixtures - New, account number 111-01100-4562
for furnishings at the Airport Conference Room.
Vote: Unanimous
On motion of Mrs. Girone, seconded by Mr. Bookman, the
Board approved the minutes of March 12, 1980 as emended.
Vote: Unanimous
It was generally agreed to table item 9 On the agenda relating
to the purchase of excess leave.
Mr. Meiszer stated he had spoken with Ms. Hoover, Chairman of
the Appomattox Regional Library, who was in favor of a
cooperative lending program with Chesterfield. He stated the
three members of the Library Advisory Board were also in favor
of this agreement. On motion of Mr. Daniel, seconded by
~%g. Girone, the Board authorized the County Administrator to
cute a Cooperative Lending Agreement wit~ the Appomattox
Regional Library for residents of Chesterfield County which will
also, include the City of Colonial Heights and will be of no
cost to the participants.
Vote: Unanimous
On motion of Mr. Daniel, seconded by Mr. O'Neill, the Board
authorized the Nursing Home writing off the following accounts
as uncollectable accounts receivable subject to the County
Attorney's approval:
John Farkas $ 97~49
Melvin Washington
Evelyn Godman 97.94
Mildred R. Lewis 262.11
2.20
Vote: Unanimous
motion of Mr. Bookman, seconded by Mr. O'Neill, the Board
807149
12.A.
12. B.
13.
14.
authorized the County Attorney to release judgments upon
receipt of proceeds from sale of property described as
1310-1312 Halifax Street, Petersburg, and 603 North Caroline
Avenue, Petersburg, Virginia for an incompetent at the
Nursing Home, Mr. Garnie Byrd.
Vote: Unanimous
It was generally agreed to defer releasing other judgments againsti
Mr. Garnie Byrd at this time.
Mr. Elmer Hodge was present and stated that the Data Processing
Department would like to take advantage of new technology
at a reduced monthly cost from what they are currently paying.
He stated that due to the increase in workload the existing
computer equipment has reached its capacity and the County is
experiencing delays in response time to inquires made via the
CRT terminals. He stated a new model IBM computer will be
available in May, which will have additional capacity and
will eliminate these types of problems. He stated they would
like to extend the current lease by two years for a total of
four years using this new equipment. Mr. Rick Parks
summarized the existing systems, the new major application project:
under development and the categories for growth with the new
system. Mr. Daniel stated he felt this was a wise choice.
He added that contrary to popular belief, computers do not always
eliminate people. The increase in computer programs require
people to operate and maintain them. After further consideration
of the matter, it was on motion of Mr. Daniel, seconded by
Mrs. Girone, resolved that the County Administrator be
authorized to execute any necessary documents for the replacement
of the existing computer processor with the IBM 4341 processor
and for the extension of the lease from two to four years.
Vote: Unanimous
Mrs. Girone excused herself from the meeting.
Mr. Hodge stated the Data Processing Department had been trying
to fill a system analystIIIpositiunfortbmpolicedispatch~gproject
for four months. He stated the salaries in other jurisdictions
are about the same but a person can be hired at any step on
the scale. After further discussion of the matter~ it was on
motion of Mr. Daniel, seconded by Mr. O'Neill, resolved that
the County Administrator be authorized to hire a systems analyst
III at Step 5 of Grade 26.
Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman 83ad Mr. O'Neill
Absent: Mrs. Girone.
Mrs. Girone returned to the meeting.
On motion of Mr. Bookman~ seconded by Mr. Daniel, the Board
authorized the County Administrator to enter into a contract
with Ralph Burke Associates for engineering services for the
Airport Runway extension and widening project in the amount
not to exceed $27,200.
Vote: U~animous
It was generally agreed to defer consideration of item 14 on
the agenda relating to the Northern Area Landfill until
April 9, 1980 because of some legal considerations
Mr. Dodd stated he felt the County should increase the rates
at the landfill more in line with what other jurisdictions
charge. Mr. Bookman stated he felt we should wait until the
new landfill is operational. It was generally agreed that
staff should compile information on rates and this matter
would be discussed on April 9, 1980.
80-150
16.
17.
18.
Mr. Meiszer stated he had received a proposal from
Mr. P. Emerson Hughes, owner of the Holiday Barn, for
professional services regarding the design of the new animal
shelter for $3,000. He added that he felt Mr. Hughes could
save the County over this amount by utilizing his expertise.
He stated all the kennels would be individual and the facility
would be a two-story structure. Mrs. Girone inquired why an
architect would be needed in addition to Mr. Hughes. Mr.
Bookman stated he felt Bill Correll. the construction engineer,
and Mr. Hughes could eliminate an architect. Mr. Meiszer
stated that Mr. Hughes indicated he was not an architect.
Mrs. Girone stated the structure is already laid out and she
did not feel the need for a middle man. Mr. Bookman stated
he felt Mr. Hughes was outstanding in his field and felt an
architect would not be needed. After further discussion of
the matter, it was on motion of Mr. Bookman, seconded by Mr.
O'Neill, resolved that the County Administrator enter into a
contract with Mr. P. Emerson Hughes for professional services
to design for construction a new animal control facility
with the understanding that the construction engineer, Mr.
Bill Correll, and Mr. Hughes design and build this facility
without the employment of an architect.
Vote: Unanimous
On motion of Mr. Daniel, seconded by Mr. O'Neill, the Board
approved the hiring of three investigators for the
Police Department effective April 14~ 1980 rather than July 1,
1980 and further that the Board respectfully requests the
Circuit Court Judges to appoint the following men as police
officers for Chesterfield County effective April 14, 1980:
Terry L. Codispoti Mark T. Wells
Patrick D. Crowson Arthur L. Bishop
Vote: Unanimous
On motion of Mr. Daniel, secOnded by Mr. O'Neill, the Board
approved the requests from the following organizations for
bingo and/or raffle permits for calendar year 1980:
1. Hopkins Athletic Association
2. Optimist Club of Bermuda
3. C. E. Curtis Elementary School
Vote: Unanimous
Mr. Meiszer advised the Board of appointments outstanding.
He presented the Board with a copy of a report on federal
funding for County programs, a status report on the Toll Road
Authority, a softball/baseball breakdown of scheduling,
a petition from residents of Deerfield Subdivision regarding
drainage and a school report on bond projects.
Mr. Dodd stated he had received a request that there not be
a fall turkeygobbler season butc~lya spring season as hunters were
concerned with the preservation of turkeys. Mrs. Girone
znquired if this concerned the entire County. Mr. Dodd
stated it did. After further discussion, it was on motion
of Mr. Dodd, seconded by Mr. Bookman, resolved that the
Commission of Game and Inland Fisheries be advised of the
County's wishes not to have a fall turkey gobbler season but
only a single spring season in an effort not to deplete the
species.
Vote: Unanimous
On motion of Mr. Dodd, seconded by Mr. Bookman, the Board
appointed Mr. GUy Smith to the Youth Services Commission
representing Bermuda District until October 11, 1980.
Vote: Unanimous
80-151
19.
21.
22.
Mr. Dodd stated that he felt someone on the Board should
consider becoming a member of the Welfare Board. Mrs. Girone
stated it was also important to fill the vacancies on the
Health Systems Agency Board and the Capital Area Health Advisory
Committee.
Mr. Dodd welcomed two students from Virginia State College
who were present observing local government.
Mr. Bookman stated the County received a letter of praise
on the services provided by the County and asked that the
Board be given a copy.
On motion of Mr. Dodd, seconded hy Mr. Bookman, the Board
went into Executive Session to discuss legal and real estate
matters as permitted by Section 2.1-344 (6) and (2), respectfully,
of the Code of Vi=ginia, 1950, as amended.
Vote: Unanimous
Reconvening:
80S056
In Dale Magisterial District, Mr. Harvey G. Epps, requested
a mobile home permit to park a mobile home on property which
belongs to Caleb M. Epps, father of the applicant. Tax Map
52-13(2) Lot 13, Ampthill Gardens, located in the
vicinity of 5541 Cogbill Road (Sheet 15).
Mr. Epps was present and stated he planned to live in the
trailer for about 2-3 years until he could build a home on
the property. There was no opposition present. On motion
of Mr. Daniel, seconded by Mr. Bookman, this request was
approved for a period of five yeras.
Vote: Unanimous
79S202
In Dale Magisterial District, Marcus, Spanier & Waschner requesteJ
rezoning from Community 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 lime
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 1 and 24 through
31 (Sheet 16).
Mr. Balderson stated the applicant had requested withdrawal
of the application. On motion of Mr. Daniel, seconded by
Mr. Bookman, the Board accepted the apPlicant's request for
withdrawal.
Vote: Unanimous
78S170
In Midlothian Magisterial District, J. Louis Reynolds requested
rezoning from Agricultural (A) to Residential (R-15) of
883.8 acres; to Residential Townhouse-For-Sale (R-TH) of 6;2
acres; a Conditional Use to permit 670 multi-family units; with a
ConditionalUse Planned Development for the entire 890 acres.
Tax Map 25 (1) parts of parcels 4 and 5 (Sheet 7).
80-152
Mr. Jeffrey Muzzy, Director of Community Development, gave a
brief summary of the process used to assess the impacts of the
proposed request. He stated that upon the initial an licatio
gf the subject development as well as the adjacent n~ ~ n
mvergreen ~evelopment, the staff was o~u~ ~ --.~-v~o~e~
~u ~o cO. sleet the ~mpactsI
of the development on school facilities, utilities, transportation,
and other public facilities such as libraries, parks and fire
stations. Mr. Muzzy stated that a prime concern being exoressed
about this development was the County s obligation to provide
sanitary sewer service. He stated that the approval of the
zoning would not obligate or require the County to provide sewer
service. The zoning approval is an overall master plan for the
development of the property but the specific details such as
sewer service must still be resolved.
A review of the impacts on the existing road system, school
facilities and other public services was presented as well
as a discussion of the overall Palling ~reek Sewerage Plant
area. Fir. Muzzy stated that from the staff's point of view the
planned unit development process is a positive approach for the
County as it better allows the planning of future services than
fragmented zoning requests. Mir. Balderson, Asst. Director of
Con~nunity Development, reviewed the specific details of the
project and stated that the developers will dedicate a school site
and a fire station site and had agreed to conditions regarding
the road network (a north-south, east-west collector through
the development).
Mr. Jim Parks of Bremner, Youngblood and King, representing the
applicant, stated the developer intends to leave streams and
the valley area in its natural state, the large water area will
be left natural, the Vepco transmission line area will be
utilized in part for recreational areas, the street network
will not increase traffic at the front door of the homes, and
the frontage is zoned commercial which they have matched the
plan to the topography of the land. Mr. Park stated he did have
some questions regarding the road network. Mr. Dodd stated that
that would be discussed in subdivisio~ review by the Planning
Con~nission.
Mr. Dave McKenney stated his property is adjacent to this area
and he is concerned about Le Gordon Drive in front of his
home. He stated a day care center is planned there and he
feels that this commercial use in this area will bring further
commercial d~velopmmntacross from hisb~rmwhichhedoesnotwant. He
stated he felt this day care center should be moved to the
area outlined for commercial development. He stated commercial
development in tkis particular area would cause safety problemS.
He stated he feels Le Gordon should be extended through the
area planned for the day care center to the north-south road
through this development. He stated his parcel of land is
not shown on the map as well as another 50 acre parcel and
there may be others. He stated that the 100 ft. buffer
separates the business at one end from the business at the
other end and he feels it will eventually be commercial
through and be one line of business area which he did not
feel was appropriate. Mr. Balderson stated there will be
schematic approval after this case today, at which ~r.
McKenney could address these Concerns. Mr. Balderson indicated
he would notify Mr. McKenney at the time of sitm plan approval
and would have Mr. McKenney's cormments addressed.
Plrs. Girone complimented staff for their total analysis of the
project and stated this proposal has been under extensive
review which she felt was the most extensive review ever done.
80-153
She stated this development would be phased over a 20 year
period, that she felt-this was a good planning effort and that
it would be best for the citizens as well as the County.
On motion of Mrs. Girone, seconded by Mr. Bookman, this request
was approved as recon~nended by the Planning Commission, subject
to the following conditions as well as Mr. McKenney's cormments
to be noted in the report during schematic plan approval by
the Planning Commission:
1. The applicant and/or developer shall provide an accurate
account of the drainage situation showing existing drainage
and the impact individual tracts, as they are developed will
have on that tract, as well as the surrounding area. The
developer shall submit plans to the Division of Environmental
Engineering which shall provide for on and off-site drainage
control. The plans shall explain the method and facilities
to be utilized in the hydraulic engineering of the project.
These plans shall be approved by the Division of Environmenta~
Engineering prior to the issuance of any building permit for
the clearing of any land. It shall be understood that
Environmental Engineering may impose conditions, requirementsl
or measures which it deems necessary to insure that proper
drainage control is provided for and maintained. The apProve~
plans shall be implemented in whatever stages or phases
acceptable to and necessary as determined by Environmental
Engineering.
2. For individual tracts as they are developed, the applicant
~nd/or developer shall submit plans for erosion and sediment
control to the Division of Environmental Engineering. Such
plans are to be comprised of vegetative and engineering
practices to be utilized as erosion and sediment control
measures for the project. Generally, such practices shall
used as those outlined in the "Erosion and Sediment Control
Technical Handbook" published by th~ James River Soil Water
Conservation District. However, it is to be understood that
additional requirements and measures may be instituted by
Environmental Engineering upon review of the plans. The
plans shall be approved by Environmental Engineering prior
to any clearing or grading. The plan's measures shall be
implemented prior to the clearing of any land, cutting of
any trees, or otherwise disturbance of the parcel's natural
state.
3. The retention basin, as described in Exhibit E, shall be
constructed prior to, or in conjunction with the first
phase of development which drains into thc basin.
4. Working interpretations of any and all conditions and/or
exceptions to the application shall be made by the Planning
Cormnission at the request of the Department of Community
Development, upon submission review and approval of
schematic plans as required by Section 21-34 (L) (4)c of
the Zoning Ordinance. Furthermore, the Commission may
conditionally approve schematic plans to ascertain that
they will be in conformance with the approved Master Plan
and other applicable Ordinances.
5. The application form and all Exhibits A through F shall be
considered the application and Master Plan. It shall be
the policy of the Planning Commission to interpret the Master
Plan as a statement of intent and purpose. The Master Plan
shall be modified by the conditions as imposed and approved
herein and to conditions imposed by schematic.plan approval.
6. Approval of the'Master Plan does not imply that the County
gives final approval of any particular subdivision road
section.
80-154
7. Except where expressly referred to herein, approval of this
application does not guarantee that the developer can build
or construct facilities in the future in accordance with
present regulations. If future County standards are more or
less restrictive than those established herein, the County
may require construction to adhere to the more restrictive
standard's.
8. A copy of any convenants~ deed restrictions and amendments
related to homeowner associations, shall be approved by the
Division of Development Review and the County Attorney's
office for adherence to County Ordinances prior to the
recordation of such documents.
9. No uses shall be permitted which would use any water or
sewer system other than the Chesterfield County public
utilitysystem. Approval of this request does not obligate
the County to extend any water or sewer lines. Ail extension~
and necessary improvement costs shall be borne by the
developer. Approval of this request does not obligate the
County to approve the plans for water and sewer extensions,
as described in Exhibit C and D. Prior to construction,
water and sewer plans must be submitted to and approved by
the~ Utilities Department.
10. Notwithstanding, the exception to use and bulk regulations
granted herein, approval of the application by the Board of
Supervisors does not obligate the Planning Commission to
approve a particular schematic plan which is not in
conformance with the spirit, intent amd purpose of this
request.
11. Open space required to satisfy density and/or lot
requirements for a single tract, development and/or
individual lot shall not be counted as required open space
for any other tract, development and/or lot.
12. Land area in common open space, which is required to make up
for reduced lot sizes, shall be land reasonably usable for
open space or otherwise left substantially in its natural
state.
13. The dedication of common open spaces to any community
association and the improvements therein shall be continually.
reviewed by the Planning Commission throughout the life of
development in order that the areas do not become a burden
at any one time on the lot owners in Charter Colony.
14. There shall be no clearing, grading or otherwise disturbance
of the buffer area (described in the application under the
Single Family A, page 9); however, should it be necessary
to disturb this buffer area, then the vegetation shall be
replaced with a comparable species and quantity as reasonably
as practical, and as deemed so by the Division of Developmentl
Review.
The number and location of fire hydrants shall be determined
by the Chesterfield Fire Department. The developer ~hall
bear the cost for installation of hydrants.
Multi-Family - Category C
1. The multi-family and condominium areas shall not exceed
a total acreage of 45.7, provided that the tracts shall
be planned as an integral part of the planned develop-
ment with appropriate buffer areas, as deemed so by
the. Planning Commission at the time of schematic plans
revmew. These buffers shall create a transition to
surrounding land uses. (NOTE: This condition supercedes
Category C, Item A, Page 14 of the application.)
15.
16.
80-155
The density of apartment development shall not exceed
10 dwelling units per gross acre. The density of
condominiums development shall not exceed 12 units per
gross acre. The total number of apartment units shall
not exceed 410 and condominium units shall not exceed
60. (NOTE: This condition supersedes Category C,
Item B, page 14 of the application.)
Recreational' Facilities: Recreational areas and
facilities shall be provided for the residents of the
tract and within the tract. A plan showing the area and
the facilities for recreation shall be submitted to and
approved by the Division of Development Review prior to
the issuance of any building permits for construction
in Tracts 4 and 5. A swimming pool shall be included
in the construction of the firs.t 100 units. This pool
shall be completed and in operation prior to the issuance
of any building permit after the first 150 units. At
least two tennis courts, and/or basketball courts or
similar facility shall be included in the construction
of the first 50 units and in operation prior to the
issuance of any building permit after the first 100 unitsi.
In addition, other types of recreational facilities may
be constructed within the tract, if it is determined
necessary by the developer or the Planning Con~ission,
at the time of schematic approval. (NOTE: This conditio6
supersedes Category C, Item J, page 16 of the application )
Access: A minimum of thirty (30) feet of pavement width
Shall be provided on all access roads leading from public
roads and a minimum of twenty-five (25) feet of
pavement width shall be provided on all other private
streets and driveways. As used herein, the term "access
roads" shall be those r~ads designated as such by the
Division of Development Review.
Asecond public road access shall be provided where
there are more than fifty (50) units. No more than
fifty (50) units shall be constructed until the second
public road access is constructed.
A third public road access shall be provided prior to
construction of more than 239 units and prior to the
issuance Of more than 200 building permits. (NOTE:
This condition supersedes Category C, Item P, page
17 of the application.
Ail public roads within the tract shall be bonded to
meet State standards for acceptance into the State
system prior to the occupancy of the 100th unit.
A fifty (50) foot radius shall be provided at the
terminus of all stub roads.
The developer shall provide fire hydrants. Therequired
number(s) and location(s) shall be in accordance with
nationally recognized standards. A plan for the provisio~
of fire hydrants and main sizes shall be submitted to andl
approved by the Chesterfield Fire and Utilities
Department.
An all weather fire lane, in accordance with the
Chesterfield Fire Prevention Code, shall be provided
to afford access to each building for firefighting
activities and equipment or a dry standpipe shall be
provided for firefighting capability to the rear and
sides of buildings.
An in-depth plans review shall be conducted prior to the
issuance of building permit. Plans review shall cover
items such as, but not limited to, height and area
computations, means of egress, fire protection, light
and ventilation, and mechanical systems.
80-156
17.
10. A pre-occupany inspection shall be conducted by the
Fire Prevention Bureau in cooperation with the Building
Inspector's Office prior to the issuance of any
occupancy permit.
11. The developer shall provide an adequate numberof
trash containers, the number of which shall be determine
by the County Health Department. Trash collections
shall be on a regular basis in order to prevent any
health problems.
Ail individual residential subdivisions having a fifty-nine
(59) or more lots shall have a second public road access
prior to the recordation of any subdivision plat. No more
than fifty (50) building permits shall be issued for each
development until the second access is constructed to
VDH&T standards.
A third public road access shall be provided prior to the
recordation of more than 239 lots and prior to the issuance
of more than 200 building permits.
18. Street lighting standards, equipment, and maintenance, of
other than standard County street lighting, shall be
provided by the developer (or his assignees) at his (their)
expense. If the County agrees to pay for street lighting
current, the Board shall first approve the street lighting.
plan as to the County's commitment.
19. Dwelling units of the multi-family type may be transferred
from one tract to another with multi-family housing as long
as the maximum density in that tract designated in the
application and the maximum multi-family units designated by
the application for the whole project are not exceeded as
shown om Table 3 of the application.
20. All parking areas of thirty (30) spaces or more and all
non-residential parking areas shall contain appropriate
landscaped areas as deemed necessary by the Planning
Commission during schematic plan review.
21. Ail internal public roads shall have a minimum of two (2)
lanes and each lane not less than twelve (12) feet cf
pavement.
22. The north-south collector road leading from Route 60 shall
be stubbed into the property to the south. This road shall
be constructed as a continuous four-lane collector road
with divided median and shall have a minimum right-of-way
width of not less than seventy (70) feet. This road shall
not connect with Coalfield Road but shall more less
parallel Coalfield Road.
23. The northern most east/west road running from Coalfield
Road westwardly shall be constructed as a four (4) lane
collector with divided medians and shall be stubbed into the
property to the west. This road shall have a minimum right-
of-way width of not less than seventy (70) feet.
24. A minimum of thirty-five (35) feet measured from the
centerline of the Coalfield Road of right-of-way shall be
dedicated free and unrestricted to and for the County of
Chesterfield. This dedication shall be accomplished prior
to the release of any building permits.
25. To avoid potential algae and siltation problems, the
minimum depth of any lake or water impoundment area shall not
be less than 3~ feet within ten (10) feet of the shoreline.
26. A soil engineer shall design footings and foundations on lots
that have an elevation of less than 350 feet.
27. The centerline of the fill site for any lake shall be
investigated for soil suitability and composition for earth
dam material.
80-157
29.
30.
31.
32.
33.
34.
35.
36.
37.
38,
Permanent settlement basins shall be constructed and
maintained at all major inflow points of any lake.
A soil engineer shall test on-site road fill material to
insure accordance with the VDH&T standards, especially
in relation to California Bearing Ratio on road right-of-
way lines at elevations below 350 feet.
A crossover shall be provided on Route 60 to align with the
north/south collector road. The developer shall contact
VDH&T relative to location and design.
The developer shall submit to the Plan .....
~ nzng ~on~nlssmon %or its~
review and approval, a report which certifies that either
there are no Underground mines, shafts, pits or caverns
will cause no detriment or danger to the development of the
property as planned. No section of the development shall
be recorded until the Con~ission has approved the afore-
described report.
No residential parcels shall front Coalfield Road. No
access either public or private with the sole exception of
the four (4) lane divided (70' right-of-way) east-west
collector shall be permitted on Coalfield Road. A buffer
having a width of not less than one hundred (100) feet shall
be provided along the entire Coalfield Road frontage. No
development shall occur within this buffer. This buffer
shall consist of existing vegetation except for cleared
areas greater than two hundred (200) square feet. In such
areas, a landscaping plan shall be developed, submitted and
approved in conjunction with the schematic plan approval
for any portion of the development adjacent to this buffer.
Access for the east-west four lane divided collector shall
be permitted through this buffer.
No lots or parcels shall have direct access to either the
north-south or east-west four (4) lane collector roads.
A buffer having a width of not less than fifty (50) feet sha~l
be provided along (on each side) these two collector roads.
This buffer shall consist of existing vegetation except for
cleared areas greater than two hundred (200) square feet.
these areas, a landscaping plan shall be developed, submitte~
and approved in conjunction with schematic plan approval
for any portion of the development adjacent to these buffers.
No development shall be permitted within these buffers,
however, access roads for individual tracts and subdivisions
shall be permitted through this buffer.
The proposed school site, as shown on the Master Plan, shall
be dedicated to and for the County of Chesterfield, free and
unrestricted. This dedication shall occur prior to the
issuance of any building permit. In conjunction with this
dedication, the Chesterfield County School Board shall
convey to J. Louis Reynolds in fee simple that parcel of
land containing approximately 13 acres, shown as parcel 5
on County Tax Map 53-9.
Prior to approval of any schematic plan, the Commission shali
review an updated Phasing proposal for the overall project
based on the original proposal submitted and approved as a
part of the Master Plan.
The phasing plan as submitted by Bremer, Youngblood and
King shall he included as part of the application, labeled
Table 4, page 7A.
The roads of Otterdale Subdivision shall not be used for
access into Charter Colony by construction vehicles.
The developer shall be required to retain drainage on site
for a fiftY (50) year fully developed condition with a
release rate not to exceed a ten (10) year undeveloped
condition.
80-158
39. The developer shall specify the type of fertilizer to be
used and the rate of application.
40. Prior to the start of any construction, development plans
shall be submitted to the Swift Creek Watershed Co~ittee
for their review and approval.
41. Initial construction of the north/south collector
road shall occur in conjunction with the first phase of
development which shall be from Route 60 southward.
This road shall be constructed for its entire length and
taken into the State system when forty (40%) percent
of Charter Colony is developed. Access ~o the first
phase of development shall be confined to the northzsouth
colleonor road and no access (including construction
equipment) to Coalfield Road shall be permitted until
thirty (30%) percent of the total dwelling units are
occupied.
Vote: Unanimous
Mr. Balderson stated that cases 79S125 and 80S028 are in the
same area and perhaps residents of Che area are here for both
and the ~oard may wan5 ro consider the two at the same time
Mr. Micas indicated the two cases could be heard ag the same
time, but separate motions and votes would have to be made.
It was generally agreed by the Board to hear the two cases
together.
79S125
In Midlothian Magisterial District. Lawrence G. Kessler requested
rezoning from Residential (R-15) to Agricultural (A) with a
Conditional Use for professional offices of a .75 acre parcel
fronting approximately 260 feet on Forest Hill Avenue and located
approximately 400 feet easg of its intersection with Burroughs
Street. Tax Map 10-7 (1) parcel 25 (Sheet 3).
80S028
In Mid]~thlan Magisterial District, R. Woodell and Ruth K. Mace
requested a Conditional Use Planned Development for a'l acre
parcel fronting approximately 250 feet on the south line of
Forest Hill Avenue and located approximately 150 feet east of
its intersection with Burroughs Stree~ and better know-~ as
18443 and 8453 Forest Hill Avenue. Tax Map 10-7 (1) parcels
26 and 27 (Sheet 3).
Mr. David M, White, representing R. Woodell and Ruth K. Mace,
stated in brief summ~ry that Forest Hill'Avenue from Richmond
to Chippenham will be four laned by 1982, that the 26 acres
vacant only brings $132 per acre in tax revenue to the County,
that the owners of the 28 acres with the exception of one are in
favor of this request, that this one acre if zoned would bring more
than that alone, that there are approximately16,000 ~rpd traveling
this road, that a residential home has nog been built on this
road for the past 20+ years and that future residential development*
is very unlikely. He stated that the applicant proposes to
construct an $800,000 office building in a Colonial design which
would be in keeping with ~he area, He distributed a copy of
a fact sheet outlining the zoning currently existing aswell
as facts on road usage and widening.
Mr. Larry Kessler sgated he was an ag~erney practicing in
Chesterfield and he would repair and improve a shabby
home which would he in the best interesg of the residents. He
stated he would have the parking buffered, there would be
a modified roof line on the home, there would be a new entrance
and the outside of the home would be improved. He presented the
Board with pictures of the existing dwelling indicating the
bad and deteriorated condition. He stated his business would
not increase traffic :o the degree as indicated in the staff
report because there is only 1200 sq. feet and that other offices
available are removed from the Bon Air location. He stated he
agreed with all the conditions except for the left-turn lane
80-159
onto Forest Hill Avenue.
Mr. Earl Baker stated the residents in the area were in
opposition to this request being approved. He stated he did
not feel Mr. White could speak for the owners of the 26 acres
of vacant land saying they were in favor of this request,
that there is uncertainty and that once that has been settled,
homes would be built there; and that the shabby condition of
Mr. Kessler's property indicates his landlordship qualities.
He added there is a lot of office space available in the
Ben Air area with the Metts Building, Village Square, etc. He
stated he and the other area residents are tired of coming to
meetings to discuss this matter, that this would be spot
zoning, that General Plan 2000 is against this and there is no
validity for the request and it is contrary to good zoning
practices.
Mr. Preston Creasy, President of the Highland Hills Association,
stated they were opposed to this request. He stated the Board
should listen to the people, that this area is not unfit for
residential development, that traffic and safety of the area
needs to be considered, damages from runoff, that the neighborhood
should be able to maintain its quiet community and the
aesthetic value. Mrs. Roxanne Ridman stated this office space
was not needed and that she did not feel the historic value of
the area should be covered with glass and concrete. She stated
the expansion of con~nereial development should be stopped or
other areas will eventually become commercial also. She stated
the Weston and Brighton Green Subdivisions also have voiced their
opposition to these requests. Mr. Tom Van Auken stated he
was not an adjacent property owner but he was concerned that
this area not be turned into another Midlothian Turnpike. He
stated }~. White said residential area would not be feasible
for this area but the same thing was said when Stuart Circle
Hospital was proposed on Huguenot Road and since that denial.,
residential development has occurred.
Mrs. Jean Mann stated there was no need for either of these
requests to be approved. She stated there is over 120,000
sq. feet of office space within e mile or two after all that
has been approved is built and with the current office zoning.
She stated she had contacted some of the people involved with
the office space and there is plenty still available for rent.
Mrs. Elsie Elmore stated she lived directly across the street
from Mr. Kessler's property and has for years. She stated that by
zoning these properties~ it would be piecemeal zoning and
indicates lack of planning, that perhaps this should be
considered on the basis of the entire 26 acre parcel rather
than one acre of it. She stated zoning one parcel will set
a precedent, that controlled egress and ingress will be lost
and that a Planned Development might need to be considered so
that all of the complicated problems could be addressed for the
area. She added a complete evaluation needed to be made.
Mr. Ashby Newby stated he was a 27 year resident of the
area and that this is spot rezoning. He stated there is
also the Larus tract which he heard was being considered for
business development and stated all of this buisness development
is not needed.
Mr. Bruce ~ador of the Board of Directors of Highland Hills
stated people are looking for a nice place to live which this
would destroy. He stated Mr. Woodell had never made an attempt
to meet with them to discuss this matter.
Mr. Edward Griggs stated he is a 24 year resident, that he does
not come to the Courthouse frequently to oppose anything, but
there is no need for this office space. He stated there had
been a petition signed by over 1,000 people who were opposed
to this request and indicated about 50 people were present to
oppose this today. Mr. Charles Piles stated when he bought
his home he expected it to stay residential and maybe no new
80-160
residential development has occurred but he and others have '
spent a lot of money improving the existing homes. He stated
he felt the people deserved an answer on these requests today
as they have been coming to meetings and they are interested
in a decision.
Mr. White stated he had discussed tbs development of the
one acre of land with all but one of the other owners of the
26 acres and they were im favor of it. He stated this was
not spot zoning, it was a conditional use. He stated his
client was not a land speculator as he is not selling the
laud but constructing a $800,000 building which he intends
Mr. Kessler stated he did not cc~ntact anyone at the Highland
Hills Association, but neither did they contact him. Ne
stated this area is not historical, that the southside of
Forest Hill is a blight area. He stated a flyer with erroneous
information regarding Huguenot Road, Buford Road and Forest Hill
has gotten most of the people upset saying that it all would
become commerctalizedl
Mr. Ker/leth Barden, a resident in the area, stated he was neither
for nor against the requests. He stated he came to the meeting
because of the flyer which was exaggerated and not true.
~rs. Girone stated that she looked at this request as spot zoning,
that the Woolfolk buildings and the Stum and Dunnington buildings
were approved with the idea of creating a buffer between the
residential area and the City line in one case and the commercial
village in the other, that the Board had denied three spot zoning
requests at Route 147--Bom Oaks, Buford and Bannon and Chocktaw
aRd Forest Hill. She stated that General Plan 2000, Goal 3,
!policies 3C and 3D address spot zoning and commercial containment.
She also stated she was concerned with traffic and the fatality
in November, 1979 ~nd 17 other accidents frOm January, 1978 to
November, 1979. She stated for the health, safety and welfare of
the citizens and because it was spot zoning, it was on her motion,
seconded by Mr. Daniel resolved that the request from ~{r. Lawrence
Kesslsr for a Conditional Use for professional offices be
denied.
Ayes: Mr. Daniel, Mr. Book-man and Mrs. Girome.
Nays: Mr. O'Neill.
Abstention: Mr. Dodd.
Mr. O'Neill stated the reason for his negative vote was
because he felt Mrs. Elmore was right regarding proper planning
and that he felt this area would eventually be developed
as commercial and this case S'ta=ted ~ff~in a bad way.
Mr. Bookman stated he felt that it was inevitable that Forest
Hill will be four lamed and commercial development will come.
On motion of Mrs~ Girone, for a Conditional Use Planned Development
resolved that the request seconded by Mr. Daniel, it was
bYstatedR. Woodellfor caseand79s125.RuthK' Mace be denied ~or the same reasons
AYes: Mr. Daniel, Mr. Bookman and Mrs. Girone.
Nays: Mr. O'Neill.
Abstention: Mr. Dodd.
It was generally agrsed by the Board to recess for five minutes.
Recenvening:
Mr. O'Neill excused himself from the meeting.
795128
In Bermuda Magisterial Distriot, Charles Lee Guyten (C & R
Battery Corp.) requested a Conditional Use Planned Development
80-~61
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 3750 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. Oliver Rudy, representing the applicant, was present. He
stated this was a business that everyone needed but no one
wanted but it has to be some place. He stated he did not
consider this a junk yard because they reprooess batteries and
he considered it more of a metal industry. He stated the
conditions at the location have been improved. He stated the
conditions ware acceptable except that condition #3 stated
that all activity associated with this operation had to be
located from Bellwood Road by 100 ft. and trucks need to
conm in which would not be within the 100 ft. restriction being
imposed. Ha stated all of the other activity would be more
than that required. He added that this business has been
operating for more than 10 years, that the State Water Control
Board and OSHA has no problem with this operation and there is
heavy industry all around the area.
Mr. Skip Jones, representing an estate which owns adjacent
land, stated their concern regarding the value of the land, the
continued existence of open fires, pollution, etc. which was a
detriment to all.
Mr. McGinnis, representing his wife who owns adjacent land,
stated this operation had been in violation of the law, it is
unsightly, it is a junk yard and asks that the request be denied.
He stated if the Board did see fit to grant this request, he
would like condition #3 to remain as written. He stated his
wife had inherited this property but there are still members of
the family living in the area. Mr. Dodd stated there had baen
a deferral because the applicant was discussing this matter with
the State Water C6ntrol Board and that there does exist industrial
property surrounding the area. After further discussion of the
matter, it was on motion of Mr. Dodd, seconded by Mr. Bookman,
resolved that this request be approved as recommended by the
Planning Commission subject to the following conditions:
1. This Conditional Use shall be granted to and for Charles
Lee Guyton and shall not be transferrable nor run with the
land.
2. This OPeration shall be confined to the dismantling of
bat.teries. No other junk material such as automobiles
household furniture, etc. shall be Stored on the property.
3. Ail activity with the exception of truck parking associated
with this use with the exception of the office and
employee parking shall be located a minimum of 100 feet
from Bellwood Road.
4. Ail applicable state Water Control Board regulations relative
to this operation shall be complied with.
5. The above noted conditions, notwithstanding, the site plan
dated November 19, 1979 prepared by Cobaugh Associates,
Inc. shall be considered the plan of development.
NOTE: Per the requirements of Section 21-66, the following
conditions most be met:
(a) No such junk yard or automobile graveyard shall here-
after be established any part of which is closer than
one hundred feet to a public street or'road.
(b) Every such yard shall effectively be screened from all
public streets or roads by natural or other means or
shall be surrounded by a solid and sightly fence or
wall not less than eight feet high and properly
maintained.
80-162
(c) The owner or operator of such junk yard or automobile
graveyard shall not allow junk, vehicles or parts
thereof to be collected or stored in piles that
exceed the height of the fence.
(d) The collection or storage of any dangerous material
such as explosives, chemicals, gases, or radioactive
substances is prohibitedl
(e) No such junk yard or automobile graveyard shall
permit liquid waste or any other substance harmful
to soil or plant life to seep or flow through,
under, over or across adjoining property.
Ayes: Mrl Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone.
Absent: Mr. O'Neill.
79S204 (Amended)
In Dale Magisterial District, L. C. Cole & M. H. Hunter requested
rezoning from Agricultural (A) to Residential (R-15) (17.3 acres)
and Residential (R-25) (70.19 acres) of a parcel fronting
approximately 200 feet on the west line of Chalkley Road and
located approximately 350 feet southwest of its intersection
with Red Leaf Road. Tax Map 96-15 (1) parcel 1 and part of
parcel 2 (Sheet
Mr. LaVerne Cole was present and stated they would like to
remove the request to rezone 17.3 acres to Residential (R-15)
and let it remain Agricultural (A) as it is currently zoned.
He stated they are amending the request because this area would
need sewer and they will be developing by a new layout rather
than the old. There was no opposition present. On motion of
Mr. Daniel, seconded by Mr. Bookman, the Board approved 'this
request as amended for the rezoning from Agricultural (A) to
Residential (R-~5) of 70.19 acres with the other portion of
the request remaining Agricultural (A) as is currently zoned.
Ayes: Mr. Dodd, Mr. Daniel, Mr. Bookman and Mrs. Girone.
Absent: Mr. O'Neill.
79S099 (Amended)
In Dale Magisterial District, S & D Associates requested
rezoning from Agricultural (A) to Residential (R-7) plus a
ConditiOnal Use to permit construction of 192 multi-family
units on a 25 acre parcel (approximately) which lies
approximately 600 feet off the north line of Beulah Road
measured from a point approximately 3,200 feet southwest of
its intersection with Hopkins Road. Tax Map 66-7 (1) parts of
parcels 2 and 4 (Sheet 22).
Mr. Durwood Felton, representing the application, stated
!that there had been some Opposition to this request because
:the housing was not owner-occupied. He stated they would
like to have a 30 day deferral sO that their engineers could
look into the possibility of single family dwellings.
Mr. O'Neill returned to the meeting.
Mr. Kelly Miller, representing the Fuqua Farms Subdivision and
the Meeks, stated they have repeatedly come down to the meetings
regarding this matter and they would like a decision. He
stated he thought the developers were going to consider
single family dwellings with zero lot lines or variances and they
were going to be opposed to anything but single family detached
dwellings. He stated he felt this was basically a delay tactic.
Mr. Dodd stated he did not feel it was being fair if the
developer were really trying to work something out for the
area. Mr. Miller stated again that if the developer wanted
single family dwellings with no variances, they would not be
opposed.
p-163
Mr. Daniel inquired of Mr. Felton if he were going to consider
single family dwellings. Mr. Felton stated they were looking
at rezoning to R-7 with owner occupied dwellings Mr Daniel
inquired if they were looking at the zero lot lines or variances.
Mr. Felton stated the engineers would probably look at several
alternatives. Mr. Daniel stated he had looked the population
density in the area, all the multi-family units, etc. and
this area is one of the most heavily populated. He stated he
could not support the request in the packet but would consider
options for single family development. Mr. Bookman suggested
that this matter could be disposed of, if the applicant were
Willing to accept Residential (R-7) at this time. Mr. Daniel
inquired if the applicant would like approval of Residential
(R-7) at this time. The applicant indicated he would really
like a 30 day deferral to consider all alternatives. Mr. Daniel
stated he would like the applicant to understand that he did
not approve of anything other than single family dwellings in
this area and he would remain in this position in the future.
After further consideration of the matter, it was on motion
of Mr. Daniel, seconded by Mr. O'Neill, resolved that this
request be deferred until April 23, 1980 but Mr. Daniel indicated
he would net be in favor of anything but single family detached
dwellings at that time.
Vote: Unanimous
80S010
In Dale Magzsterial District, Glenn E. White and John Smith
requested a Conditional Use to permit a general merchandise
store in an Agricultural (A) District on a 2 acre parcel
fronting approximately 150 feet on the north line of Spring
Run Road also fronting approximately 400 feet on the east line
of Qualla Road and located in the northeast quadrant of the
intersection of these roads. Tax Map 93-5 (1) parcel 1
(Sheet 30).
Mr. Glen White was present and introduced Mr. John Smith.
Mr. White stated that he lives in Chesterfield County, that
he would not propose something that would be detrimental to
the area, that they Would like to operate on Sundays in case
of an emergency like snow storms, etc., that they would not
sell alcoholic beverages, they would like to have three gas
pumps in lieu of the two indicated and that there would be
no outside storage. He presented some amended conditions. He
stated six of the adjacent property owners do not object,
the State Park people do not object and one owner does not
object if he purchases his lot behind the proposed store.
He stated 102 families in the area were in favor of this
request. He distributmd copies of what currently exists on
the parcel of land end of the Colonial style structure which
he intends to build. He stated there was a lot of opposition
to this request because it was misrepresented by the opposition
who indicated more commercialization would follow which he
did not feel was likely because there is no County water or
sewer facilities available.
Mr. James Martin, Sr. was present in favor of this request.
He stated he would be opposed if he felt further commercialization
were to come but with the lack of public utilities he did not
feel it would happen. He stated the store would sell groceries,
hardware, etc. and would benefit the area residents. He stated
he was not for the zoning of business but felt a Conditional
Use would be best.
Mrs. Dee Carter stated she was in favor of this request because
it would help conserve energy as people would not have to travel
as far to pick up a loaf of bread, that the improvement to the
site would be beneficial and Ghat it would help the residents
in time of necessity and emergency.
Mr. Charles Sawtelle stated he and other area residents did not
want this country store located here as indicated the 600
people who are opposed. He stated there are homesb~ocated at
this intersection, this is a residential area, the homes located
80-164
closest to this parcel are a year old or less and there are also
older homes in the area, that this is contrary to good zoning
practices and would be spot zoning. He crated no one in his
group had misrepresented this case, as far as he knew, that this
a stable community and they would like it to remain that way,
and that the majority of the people in the area travel to the
more developed areas everyday and can pick up whatever they need.
He stated General Plan 2000 is against this conditional use and
that if the due process is in order, the phone calls, letters,
etc. written regarding this case should indicate the wish of
the people for denial. He stated most people in the area moved
here because there was mo commercial development and that is
the way it should remain as people cannot m~ve each time they
are encroached upon. Mr. Dodd stated that a Conditional Use
would impose more control on the development than torching.
Mr. Sawtelle stated this request was unreasonable, unessential
and no one wants it.
Mrs. Judith Kennedy stated she has lived in the area for 10
years, that she would not use the store and pay exorbitant prices,I
that the intersection is dangerous now and would be more so
with children riding bicycles to the store.
Mr. White stated that this is on the outskirts of the residen~l
area and not in the heart of it, that Other stores on Courtho~
and Lucks and Adkins have not induced further commercialization,
that he has c,anvassed the area and people do want this serviok~
that he will not charge high prices and that he would like to
obtain a franchise with a major gas company to keep prices
competitive.
Mrs. Girone stated she had mixed emotions regarding this case
as she has heard from both the opposition and those in favor.
Mr. Bookman stated he felt in the future there will be some
type of conm~ercialization in the area and he also had
correspondence in favor and opposed. Mr. Daniel stated he
came to the meeting with no decision in mind. He stated he
felt if this were approved there would be pressures for
additional commercial development, that it would encroach on
residential and agricultural land use and that he felt this
was spot zoning. 0n motion of Mr. Daniel, seconded by Mrs. Girone
this request was.denied.
Ayes: Mr. Daniel and Mrs. Girone.
Abstentions: Mr. Dodd, Mr. Bookman and Mr. O'Neill.
80S014
In Clover Hill Magisterial District, Judy Leigh requested a
Conditional Use to permit a day care center in au Agricultural (A)
District ~aa parcel fromtingapproximatelyl90 feet on the south line of
Beach Road also fronting approximately 190 feet on the west
line of Winterpock Road and located in the southwest quadrant
of the intersection of these roads. Tax Map 109-1 (1) parcel
17 (Sheet 29).
Mrs. Leigh was present and stated the conditions were agreeable.
There was no opposition present. On motion of Mr. Bookman,
seconded by Mr. O'Neill, this request was approved subject to
the following conditions as recommended by the Planning
Commission:
1. This Conditional Use shall be granted for the purpose of
operating a day care center only.
2~ There shall be no additions or alterations to the exterior
of the structure other than normal maintenance and
renovation.
3. Hours of operation shall be limited between 7:00 a.m. to
7:00 p.m,, Monday through Saturday. No Sunday operation
shall be permitted.
80-165
4. Only one sign not to exceed six (6) square feet in area
shall be permitted. This sign shall neither be luminous
nor illuminated. The facades of the sign shall blend
with the architectural style of the existing structure.
Prior to erection, a rendering of the sign to include
a color scheme shall be submitted to the Division of
Development Review for approval.
5. Access to the parking area shall be limited to Beach
Road, only. No other access to the parking area shall
be permitted.
6.
The play area shall be enclosed by a four (4) foot high
fence.
7. A twenty (20) foot buffer shall be maintained along the
southern property line. This buffer shall be planted in
accordance with the "Guidelines for Landscaped Buffers".
8. The conditions stated herein no~withstanding the site plan
filed with the application shall be considered the plan
of development.
9. The parking area shall be screened from view of Winterpock
Road by evergreen trees which shall be planted a maximum
of ten (10) feet apart and have an initial height of
four (4) feet.
10. A landscaping plan depicting the requirements outlined
in conditions 7 and 9 shall be submitted to the Division of
Development Review for approval and in conjunction with final
site plan review.
11. The above noted conditions notwithstanding all bulk
requirements of the Convenience Business (B-l) District
shall be applicable.
(NOTE: Prior to the start of any construction or renovation,
site plans must be submitted to the Division of Development
Review for approval.)
Vote: Unanimous
80S021
In Midlothian Magisterial District, James R. Sowers, Jr. and
William J. Rowe requested rezoning from Residential (R-15) to
Residential Townhouses For Sale (R-TH) of a 12.9 acre parcel
fronting approximately 400 feet on the west line of Twinridge
Lane and located approximately 1100 feet north of its inter-
section with Midlothian Turnpike. Tax Map 18-15 (1) parcels
2 and 3 (Sheet 8).
Mr. Jimmy Sowers was present and outlined the proposal stating
the buildings would have a New England style with a contemporary
flare, they would have garages, they would be owner-occupied,
they would be built with energy conservation in mind, that
the buildings would be built on 4.4 of the 12 acres and the
remainder would be a buffer area and he proffered two additional
conditions. Mr. Jay Rowe presented slides and a plat of the area
indicating how far away the buildings would be from the already
existing housing and the natural state of the land. Mrs. Girone
stated the main concern was for drainage. Mr. Rowe stated
there would be no more or no less water than currently goes to the
ravine and added Mr. Jim Hayes was present if additional
questions needed to be answered. He stated the price range of the
units would be $55,000-65~000, there would be extra insulation
installed, they would have thermo windows, etc. which has caused
the price to rise a little from what they expected originally.
80-166
Vote:
Mrs. Judy Brinn of the Bon Air Hills Civic Association stated
they were concerned with the drainage and felt the Powhite
Creek drainage problem needed to be solved before this development
were approved. She stated that people will suffer water
flood damage and health hazards will exist. She stated the
traffic which will be generated by this development is also too
extensive and they would like the development to be single
family dwellings. She stated they felt there was insufficient
buffers for the area, a lack of water control~ there would be
an impact on the R-15 undeveloped land in the area and they
would encourage limitation but good development of the area.
Mrs. Girone inquired how the vacation was coming for the
roadway. Mrs. Brinn stated it was underway and should be
completed in the near future. Mrs. Girone stated that
Mr. McElfish, Environmental Engineer, was planning to come
in with equipment to move the Water downstream ~hich should
help the area. Mr. Kermit Wood stated that the developer said
this land was unsuitable for residential (R-15) development
and he stated he challenged the validity of that statement
because he had calculated the square footage and there was
more than adequate space. He asked that the developer consider
residential (R-15) for this area.
Mrs. Girone stated that this area did have difficult terrain
and inquired if this matter were ready for Board consideration.
She stated she thought this matter had been discussed and
worked out by all concerned. Mr. Rowe stated he would defer
this request, but there is no other information which could
help in a conclusion. Mrs. Girone stated she felt the land
was too difficult and expensive for single family dwellings
and that people are looking for this type of housing with
less maintenance. She stated the Mayflower Drive situation will
be worked out as soon as the land dries out. She stated that
Mr. McElfish will clean out the channel no improve the water
flow problem. Mrs. Brinn stated the residenus would like a
fence as a buffer as well. Mr. Rowe stated that if the
fence went along the entire property line, it would be added
expense. Mrs. Girone inquired about what portion the area
residents wanted fencing. The residents were uncertain.
After further consideration of this magter, it was on mogion
of Mrs. Girone, seconded by Mr. Bookman, resolved that this
request be approved as recommended by the Planning Commission
subject to the following conditions, subject to the buffer area
being worked out between the developer and land owmers aT the
Planning Co~mission schematic approval review, and with the
applicant proffering two conditions as indicated:
A thirty (30) foot buffer shall be maintained along the western
property line. No buildings, parking, roadways or other
facilities shall be permitted in this buffer.
Proffered conditions:
1, To utilize on-site retention so than storm water runoff
from this site will be temporarily held back and allowed
to runoff at the same rate it is now leaving the property.
The on-site retention will be designed to meet the
present County and State drainage criteria.
Unanimous
80S022
In Ma~oaca Magisterial District, E. Bryson Powelt requested
rezonzng from Agricultural (A) to Residential (R-15) of~a 30
acre parcel fronting approximately 840 feet on the east line of
Nash Road and located approximately 2,520 feet south of its
intersection with Woodpecker Road. Tax Map 129 (1) parcel 8-1
(Sheet 39).
80-167
Mr. Jim Hayes 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 recommended by
the Planning Cormmission.
Vote: Unanimous
80S025 (Amended)
In Dale Magisterial District, Nancy G. Hill and Aleta G.
Jenkins requested a Conditional Use to permit a craft shop in
an Agricultural (A) District on a 3.82 acre parc'el which lies
200 feet off the west line of Lori Road measured from a point
located approximately 250 feet north of its intersection with
Iron Bridge Road. Tax Map 95-8 (1) part of parcel 6 (Sheet 31).
Mrs. Hill was present. There was no opposition. On motion
of Mr. Daniel, seconded by Mr. Bookman, this request was
approved as recommended by the Planning Commission subject to the
following conditions:
1. This Conditional Use ehall be granted to and for Nancy G.
Hill and Aleta G. Jenkins and shall not be transferrable
nor run with the land.
2. This Conditional Use shall be granted for a three (3)
year period only. Upon reapplioation and satisfactory
demonstration that this use has been of no detriment to area
properties, this Conditional Use may be renewed by the
Board of Supervisors.
3. Other than normal maintenance, there shall be no exterior
changes or modifications to the existing structure.
4. This Conditional Use shall be granted for the purpose of
operating a craft shop only. No other commercial activity
shall be permitted.
5. All parking shall be located to the rear of the existing
structure.
6. One sign not to exceed eight (8) square feet in area shall
he permitted. This sign shall neither be luminous nor
illuminated. The facades of the sign shall employ earth
tones. Prior to the erection of the sign, a rendering
shall he submitted to the Division of Development Review
for approval.
7. The above noted conditions notwithstanding all bulk
requirements of the Convenience Business (B-l) District
shall be applicable.
NOTE: Prior to occupancy, site plans must be submitted to the
Division of Development Review for approval.
Vote: Unanimous
80S026
In Midlothian Magisterial District, C. P. Dean, Inc. requested
rezoning from Agricultural (A) to Community Business (B-2) of a
2.64 acre parcel fronting approximately 200 feet on the north linc
of Midlothian Turnpike and located approximately 400 feet west of
its ihtersection with SoUthlake Boulevard and better known as
11000 Midlothian Turnpike. Tax Map 17-10 (1) parcel 1 (Sheet 8).
A gentleman was present representing the applicant. There was
no opposition. On motion of Mrs. Girone, seconded by Mr. Bookman.
this request was approved as recommended by the Planning
Commission.
Vote: Unanimous
80-168
80S030
In Clover Hill Magisterial District, South Richmond-Chesterfield
YMCA requested an amendment to a previously granted Conditional
Use (Case #78S063) to permit expansion of recreational
facilities on a parcel fronting approximately 720 feet on the
north line of Hull Street Road and located approximately
950 feet east of its intersection with Pocoshock Boulevard.
Tax Map 40-1 (1) parcels 7-2 and 7-3 (Sheet 15).
A gentleman was present representing the applicant. There was
no opposition present. On motion of Mrl Sookman, seconded by
Mr. O'Neill, this request was approved subject to the following
conditions as recommended by the Planning Commission:
1. A fifty (50) foot buffer shall be provided along the
northern property line. Within this buffer strip, no
trees greater than 5 inches in caliper shall be cut;
underbrush, however, may be removed. No recreational
facilities shall be constructed within this area.
2. This amendment shall be limited to the construction of
the addition which shall house a gymnasium and locker roo~.
facilities only.
The above comments notwithstanding~ the plan submitted
with the application, prepared by E. J. Beamon, Jr.,
Consulting Engineer, dated 11/13/79, shall be considered
the plan of development.
Vote: Unanimous
80S031
In Dale Magisterial District, Realty World Castle Properties,
Inc. requested a Conditional Use to permit a real estate
office in an Agricultural (A) District on a 2.6 acre parcel
fronting approximately 400 feet on the east line of Iron Bridge
Road and located directly across from its intersection with
Gravelbrook Drive and better known as 5255 Iron Bridge Road.
Tax Map 52-6 (2) Henning Heights, Lots 7, 8, 9 and 10 (Sheet 15)
A gentleman was present representing the applicant. There was
no opposition present. Om motion of Mr. Daniel, seconded by
Mr. BoOkman, the Board approved this request subject to the
following conditions:
1. This Conditional Use shall be issued exclusively to Realty
World Castle Properties, Inc. and shall not be transferrable
nor run with the land.
2. The uses permitted shall be limited to the operation of a
real estate office only.
3. There shall be no exterior alterations to the existing
structure, other than normal maintenance.
4. Ail parking shall be located behind the existing structure.
(Note: The Zoning Ordinance requires that a minimum of
seven (7) off-street parking spaces be provided.)
5. One sign not to exceed four (4) square feet in area shall be
permitted. This sign shall neither be luminous or illuminated.
The colors used on the face of the sign shall be earth tones.
6. A total of no more than four (4) employees shall be permitted
to use this building.
7. Hours of operation shall be restricted to between 9:00 a.m.
and 6:00 p.m., Monday through Saturday. No Sunday
operation shall be permitted.
8. This Conditional Use shall expire one year from data of
approval.
Vote: Unanimous
80-169
In Clover Hill Magisterial District, Warren Brothers Company
requested an amendment to a previously granted Conditional Use
(Case ~72-1170) to permit expansion of quarry operations on a
59.29 acre parcel fronting approximately 1900 feet on the west
line of Warboro Drive and located approximately 1400 feet north of
its intersection with Hull Street Road. Tax Map 48 (1) parcel
17-1 (Sheet 13).
Mr. Fred Gray was present representing the applicant. There
was no opposition present. On motion of Mr. Bookman, seconded
by Mr. O'Neill, this request was approved subject to the following
conditions as recommended by the Planning Connnission:
1. The developer shall provide an accurate account of the
drainage situation, showing existing drainage and the
impact this project will have on the site and surrounding
area. The developer shall submit a plan to the Environmental
Engineering Division which will provide for on and off-site
drainage control. The plan shall explain the method and
show the facilities to be utilized in the hydraulic
engineering of the project. This plan shall be approved by
the Engineering Division prior to con~nencement of any
mining activity.
2. The developer shall submit a plan for erosion and sediment
control to the Environmental Engineering Division. Such a
plan is to be comprised of vegetative and engineering
practices (as outlined in the Erosionand Sediment Control
Technical Handbook published by the James River Soil and Wate~
Conservation District) to be utilized as erosion and sediment
control measures for the project. The plans shall be
approved prior to any clearing, grading or otherwise
disturbance of the soil, terrain or existing vegetation.
Utility (water and sewer) plans shall be submitted uo and
approved by the Utilities Department prior to the issuance of
any building permit. All necessary wacer, sewer and
drainage easements, as may be determined by the County
Right-of-Way Engineer, shall be granted to and for the
County of Chesterfield. free and unrestricted prior to
the issuance of ei%y building permit.
4. A dense screen of natural growth au least 150 ~eet in width
shall be provided and maintained around the perimeter of
the operation.
5. All roads shall be properly graded and either paved or
graveled. Where the gravelling process is used those
roads should be kept dust free by utilization of a water
truck or other established methods.
6. Access to the operation shall be from State Route 360
utilizing Warbro Road.
7. Sufficient topsoil for reclamation use shall be stockpiled.
8. A fence no less than eight (8) feet in height affording
adequate security with an appropriate accesa gate shall
be installed around the perimeter of the operation prior no
beginning of any operation.
9. All shots shall utilize multi-second delays.
10. All blasting shall conform to all federal, stane and local
regulations and practices.
11o Hours of operation shall be restricted to between 7:00 a.m.
to 7:30 p.m., Monday through Saturday, April 1 through
October 31 and 7:00 a.m. to 6:30 p.m., Monday through
Saturday, November 1 through March 31.
12. Ail blastings shall be restricted to between the hours of
9:00 a.m. and 3:00 p.m., Monday through Saturday.
80-170
13. During construction of the drainage ditches surrounding
the quarry, a bench (shelf) shall be constructed to
allow access by heavy equipment for the purpose of
sewer installation.
14. The above noted conditions notwithstanding, the plan
submitted with the application dated February 1, 1980,
shall be considered the plan of operation.
~0te: Per the requirements of the Zoning Ordinance, the following
conditions must be met:
DIVISION 9. MATERIAL EXTRACTION
Sec. 21-65. Generally.
The following provisions shall apply to all sand, gravel or clay
pits, quarries, mines and other operations for the extraction of
any materials from the earth or subsoil, including the removal of
topsoil, when such removal of topsoil is conducted in conjunction
with the extraction of any materials from the earth or subsoil;
except, that such provisions shall not apply to operations
conducted by the County nor any excavations for any buitding~
structure or use for which a building permit has been obtained:
a. The excavations shall be confined to areas at least
one hundred (100) feet from any and all adjoining
property lines in any residence, business or
feet from any dwelling or any and all property lines
in any platted Subdivision; except, that excavations
may be conducted within such limits provided the
written consent of the owners of all such adjoining
properties is secured.
b. The excavations shall be confined to areas at least
two hundred (200) feet from the right-of-way lines
of amy existing or platted street, road or highway;
except, that w~ere the ground level is higher khan
the road, the Board of Supervisors may permit
excavations down to the road level.
c. Any building containing power-driven or power-
producing machinery or equipment shall be at least
six hundred (600) feet from all adjacent property
in any residence, business or agricultural
district on the right-of-way lines of any existing
or platted street, road or highway except where the
Board of Supervisors specifically permits a lesser
setback.
d. Ail roadways on and all vehicular entrances and exits
from the premises on which such operations are
conducted to any public roads shall be located to
secure public safety, lessen congestion and
facilitate transportation, and shall be so maintained
as to eliminate any nuisance from dust to neighboring
properties.
e. Ail equipment used for the production or transportation
of materials shall be constructed, maintained and
operated in such a manner as to eliminate as far as
practicable noises, vibrations or dust which are
injurious or annoying to persons living in the vicinity.
Processing areas shall be maintained in the safest
practicable Condition at all times. In no case shall
permitted processing menance the physical safety of
persons or property on public streets or adjoining
properties. The access road to the processing area
shall be fenced and closed to unauthorized traffic by
a gate. The boundary lines of the property wherein such
processing is permitted, shall be posted at intervals
not in access Of two hundred (200) feet with signs warn-
ing against the dangerous operation being conducted on
the premises.
80-171
f. Aplan of operation shall be submitted to and approved
by the Board of Supervisors which shall provide in all
respects for the adequate safeguarding and protection
of other nearby interest and the general public
health, safety, convenience, prosperity and welfare
and which shall include a satisfactory plan and program
showing, by contour maps and otherwise, how the land
is to be restored to a safe, stable and usable condition
by regarding drainage, planting or other suitable
treatment so that it will resist erosion and conform
substantially with adjacent land characteristics.
g. Whenever the C~nditional Use permit issued by the
Board of Supervisors shall have expired, or whenever
the operation shall have ceased for any period exceedingl
twelve consecutive months, then all plants, buildings,
structures(except fences), stockpiles and equipment
shall be entirely removed from the premises, and the
premises shall be restored as required by (f) above.
h. A bond with approved surety in such amount as the
Board of Supervisors may determine, shall be furnished
to the Director of Central Accounting prier to under-
taking any work under the permit guaranteeing the
faithful performance of all the applicable requirements
in this chapter.
i. The Board of Supervisors may renew a Conditional Use,
after a public hearing, provided an application therefor
is filed within sixty (60) days before its expiration
date in the same manner as for an original permit,
providedthe applicant is carrying out the requirements
of his existing permit in good faith.
Vote: Unanimous
On motion of Mr. Bookman, seconded by Mr. O'Neill, the Board
authorized the County Attorney to release judgments upon
receipt of proceeds from sale of any property owned by
Garnie L. Byrd, an incompetent at the Nursing Home.
Vote: Unanimous
On motion of Mr. Daniel, seconded by Mr. Bookman~ the Board
went into Executive Session to discuss personnel matters as
permitted by Section 2.1-344 (1) of the Code of Virginia,
1950, as amended,
Vote: Unanimous
Reconvening:
On motion of Mr. O'Neill, seconded by Mrs. Girone, the Board
adjourned at 7:30 p.m. until 4:00 p.m. at the Airport
Conference Room on April 2, 1980 for Executive Session to
discuss real estate and legal matters as permitted by Section
2.1-344 (2) and (6), respectfully, of the Code of Virginia,
1950, as amended.
Vote: Unanimous
R. ~ar£and Dodd ~- .... --l~
Chairman
80-172