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00SN0128.pdfNovember 23, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0128 Carter Development Co., Inc. Bermuda Magisterial District East line of Woods Edge Road REQUEST: Rezone from Agricultural (A) to Residential (R-15). PROPOSED LAND USE: A single family residential subdivision with an average lot size of 41,600 square feet is planned. The applicant has agreed to limit development to a maximum often (10) lots, yielding a density of approximately 0.7 units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 11. AYES: MESSRS. GULLEY, CUNNINGHAM, MARSH AND SHEWMAKE. ABSTENTION: MR. MILLER. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed use conforms to the Eastern Area Land Use and Transportation Plan which suggests the property is appropriate for low density residential uses having densities of up to 1.5 dwelling unks per acre. B. The proposed zoning and land use is compatible with exis~ng and proposed area residential development. Providing a FIRST CHOICE Community Through Excellence in Public Service. C. The development standards of the Zoning Ordinance and the proffered conditions ensure land use compatibility with existing and anticipated area residential development. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (STAFF/CPC) 1. Development shall be limited to a maximum often (10) lots. (P) (STAFF/CPC) 2. The overall average lot size shall be a minimum of 41,600 square feet. (P) (STAFF/CPC) 3. Access to the property shall be limked to Clear Creek Lane. There shall be no direct access from the property to Woods Edge Road. (P and T) (STAFF/CPC) 4. The exposed surfaces of all dwelling unit foundations shall be faced with brick veneer. (BI) (STAFF/CPC) 5. The minimum gross floor area for homes shall be as follows: One story - 2,000 square feet More than one story - 2,200 square feet (BI) (STAFF/CPC) 6. The public water system shall be used. (U) (STAFF/CPC) 7. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permit for infrastructure improvements within the service district for the property: a. $6,200 per dwelling unit, if paid prior to July 1, 2000; or The amount approved by the Board of Supervisors not to exceed $6,200 per dwelling unit adjusted upward by an increase in the Marshall and Swift Building Cost Index between July 1, 1999, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2000. 2 00SN0128/WP/NOV23 K In the event the cash payment is not used for the purpose for which proffered within the 15 years of receipt, the cash shall be returned in full to the payor. (B and M) (STAFF/CPC) 8. With the exception oftimber'mg which as been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timber'mg until a land disturbance permit has been obtained from the Environmental Engineering Depamnent. (EE) (STAFF/CPC) 9. In conj unction with recordation of the fLrst subdivision plat, forty-five (45) feet of right-of-way on the east side of Woods Edge Road, measured from the centerline of that part of Woods Edge Road immediately adjacent to the property, shall be dedicated, free and unrestricted to and for the benefit of Chesterfield County. (T) (STAFF/CPC) 10. In conjunction with the recordation of the subdivision plat, of the property the following restrictive covenants shall be recorded, provided however, that references to Walthall Creek, Section 6 may be changed to reference the name of this development, and the composkion of the Archkectural Control Committee may be modified. RECITALS A. Declarant is the owner of certain real estate situate in Bermuda District, Chesterfield County, Virginia, as more particularly described as Section 6, Walthall Creek. B. Declarant desires to create a highly desirable residential community, to provide for the preservation and enhancement of property values, amenities and oppommities in the community, and to provide for the maintenance of the real estate and the improvements thereon, and to this end desires to subject the aforesaid real estate together with such additions as may from time to time hereafter be made thereto (as provided herein) to the covenants, and restrictions in these Declarations. C. Declarant deems k des'Lrable for the efficient maintenance and preservations of the amenities in said community to create an entity to own, maintain and administer the community' s properties and facilities, to administer and enforce the covenants and restrictions, and to promote recreation, health safety and welfare of the residents. To this end, Declarant will cause to be incorporated under the laws of the Commonwealth of Virginia a non-stock corporation under the name "Walthall Creek Homeowners Association." NOW, THEREFORE, the Declarant hereby declares that Section 6, Walthall Creek, and such additions thereto (if any) as may from time to time hereafter be made pursuant to these Declarations, am 3 00SN0128/WP/NOV23 K and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions (sometimes referred to collectively, as "covenants and restrictions") hereinafter set forth. ARTICLE I DEFINITIONS Section 1. "Board of Directors' shall mean and refer to the Board of Directors of the Walthall Creek Homeowners Association (Association). Section 2. "Declaration" shall mean the covenants and restrictions and all other provisions herein set forth, as the same may from time to time be amended or supplemented. Section 3. "Common Area" shall mean and refer to those areas of real estate now or hereafter conveyed to the Association or shown as "open space" or "common area" on recorded subdivision plats of the real estate subject to this Declaration, and the improvements thereon, which are intended to be devoted to the common use and enjoyment of the Members. Section 4. "Declarant" shall mean and refer to developer of the real estate subject hereto. Section 5. "Living Unit or Dwelling" shall mean and refer to any portion of a structure situated upon a lot designed and intended for use and occupancy as a residence. Section 6. "Lot" shall mean and refer to any such plot of land shown upon any recorded subdivision plat of the real estate subject hereto with the exception of the Common Area and roads. Section 7. "Member" shall mean and refer to any member of the Association. Section 8. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 9. "Parcel" shall mean and refer to the property. Section 10. "Association" shallmean and refer to the Walthall Creek Homeowners Association, its successors and assigns. Section 11. "Supplemental Declaration" shall mean and refer to any declaration of covenants and restrictions which may be hereafter recorded by the Declarant and which extends the provisions of this Declaration to a Parcel pursuant to these Declarations. 4 00SN0128/WP/NOV23 K ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS THERETO. Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Bermuda District, Chesterfield County, Virginia. Section 2. Additions by Declarant. As long as the Declarant owns any real property in the general area of Section 6, Walthall Creek, the Declarant may subject additional real property to the provisions of this Declaration by filing a supplement hereto in the Clerk' s Office of the Circuit Court of the County of Chesterfield, Virginia. ARTICLE III Section 1. Obligations of the AssociationThe Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the management and control of the Common Area and the improvements thereon, and shall keep the same in good, clean, attractive and sanitary condition order and repair. Section 2. Owners' and Members' Rights of EnjoymentSubject to the provisions hereof, every Owner shall have a right of enjoyment in and to the Common Area which shall appurtenant to and shall pass with the tkle to every lot, and every Member shall have a right of enjoyment in the Common Area. Section 3. Title to Common Area. The Declarant intendstoretaintitle tothe common areas until completion of development at which time Declarant would contemplate a conveyance of the common areas, in fee simple to the Walthall Creek Homeowners Association. ARTICLE IV ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. There shall be an Architectural Control Committee (hereinafter called "ACC") consisting of the Declarant and/or such other persons as may from time to time be appointed by Declarant. The initial members appointed by Declarant are B. Forace Hill, Matthew Hill and Joseph R. Hill. Declarant shall have the option to transfer control of the ACC to the Association, in which event the ACC shall be appointed by the Board of Directors of the Association. Until such time as Declarant owns no land or lots in Section 6, Walthall Creek, k shall retain architectural control. 5 00SN0128/WP/NOV23 K Section 2. Purpose. In accordance with the provision of the Declaration and such guidelines as the Declarant may promulgate, the ACC shall regulate the design, appearance, use, location, and maintenance of the real estate covered hereby and of improvements thereon in such a manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography, and to conserve existing amenities. Section 3. Conditions. a. No building, structure, outbuilding, antennae, fence, wall, improvement, and/or addition of any nature whatsoever (except for interior alterations to existing structures not affecting the external structure or appearance of any improvement on any portion of the Property) shall be constructed on the Property unless and until the plans for such construction shall have been approved in writing by the ACC. The plans submitted to the Committee for approval shall include (I) the construction plans and specifications, and exterior colors, including but not limited to colors relating to roofing, brick, mortar, paint and siding; (ii) a plat showing the exact location of all proposed improvements; and (iii) proposed f'mish driveway materials according to uniform specifications established by the Declarant. No construction shall begin and no portion of the Property shall be graded except in accordance with such approved plans or modifications thereof that has also been approved by the Committee pursuant to separate application therefor. b. No plans for a liv'mg unit or dwelling shall be submitted for such approval unless the finished living ama of such dwelling, exclusive of one-story open porches and garages, shall exceed 1,800 square feet. Each dwelling shall have full brick foundations, and no exposed cinder block or concrete block exterior walls or foundations will be allowed. c. No improvements, alteration, repairs, change of paint color, excavations, filling, removal of live trees, changes in grade or other work which in any way alters the exterior of any property or the improvements located thereon from its natural or improved state existing on the date such property was fLrst conveyed in fee by the Declarant to an Owner shall be made or done without the prior approval of the ACC, except as otherwise expressly provided in this Declaration. No building, fence, wall or other structure shall be commenced, erected, improved, altered, made or done without the prior written approval of the ACC. Section 4. Procedures. a. Approval by the Committee shall be based upon compliance with the provisions of this Declaration, the quality of workmanship and materials, harmony of external design with surrounding structures, location of improvements with respect to topography and finished grade elevation, the effect of the construction on the outlook from surrounding portions of the Property, and all other factors which in the sole opinion of the Committee will affect the desirability or suitability of the proposed improvement. 6 00SN0128/WP/NOV23 K b. Approval or disapproval of the application by the Committee shall be given to the applicant in writing within 30 days of receipt thereof} in the event the approval or disapproval is not forthcoming within 30 days, unless an extension is agreed to by the applicant in writing, the application shall be deemed approved and the construction of the applied for improvements may be commenced provided that all such constructions is in accordance with the submitted plans and provided further that such plans conform in all respects to the other terms and provision of this Declaration. c. Approval by the Committee shall not constitute a basis for liability of the members of the Committee, the Committee orthe Owner for any reason including without limitations: (I) failure of the plans to conform to any applicable building codes, or (ii) inadequacy or deficiency in the plans resulting in defects in the improvements. ARTICLE V USE OF PROPERTY Section 1 Protective Covenants. (a) Residential Use. All lots shall be used, improved and devoted exclusively to residential use. Nothing herein shall be deemed to prevent an Owner from leasing a Living Unit to a single family, subject to all of the provisions of this Declaration. No more than one Living Unit may be constructed on each lot, although "out buildings" not inconsistent with residential use may be constructed if prior written approval is obtained from the ACC pursuant to these Declarations. Builders may utilize, as approved by Declarant, constructed homes as model homes for such periods as approved in writing by the Declarant. (b) Restriction on Further Subdivision. No lot shall be further subdivided or separated into smaller lots by any Owner other than the Declarant without the written consent of Declarant, and no portion less than all of any such lot shall be conveyed or transferred by an Owner other than the Declarant; provided, however that this shall not prohibit easements, deeds of correction, deeds to resolve boundary line disputes, and similar corrective instruments. (c) Nuisances. No nuisance, obnoxious or offensive activities shall be permitted to exist or operate upon any portion of any property so as to be detr'Lmental to or interfere with any other property in the vicinky there or to ks occupants. (d) Pets. Subject to such limkations as may from time to time be set by the Association or ACC, generally recognized house or yard pets, in reasonable numbered, may be kept and maintained at an occupant' s residence, provided such pets are not kept or maintained for commercial purposes. All pets must be kept under the control of their owner when they are outside the occupant's premises and must not become a source of unreasonable annoyance to other residents, and if any such pets are declared an 7 00SN0128/WP/NOV23 K annoyance by the Association or ACC, they shall be removed from the lot within thirty (30) days after written request from the Association or ACC. No other animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot. (e) Signs. No sign of any type shall be displayed to public view on any lot, except as approved by the ACC. Dur'mg development of the subdivision; however, builders, realtors and the Declarant may maintain such signs for marketing purposes as are reasonable, and as are approved by the Declarant. In addition, such signs shall be permitted for propose of resale of a residence in the subdivision. The Declarant will further establish such subdivision signs as it deems appropriate within the signage ordinances established by the County of Chesterfield. (f) Mailboxes and Newspaper Tubes. Only mailboxes and newspaper tubes meeting the design standards of the ACC shall be permitted, except for mail depositories which are the property of the U. S. Post Office Deparnnent. The Declarant reserves the right to establish uniform mailbox regulations to govem the erection and/or alteration of mailboxes in the subdivision. Such uniform mailbox regulations will be administered through the ACC. (g) Trash. No lot shall be used or maintained as a dumping ground, and all trash, debris, garbage and other waste shall be stored in appropriate trash receptacles, in the rear yards only. prohibited. Antennae. Exterior tele vision or other antennae, except as approved by the ACC, are (i) Clothes Dryer Equipment. Clothes lines or other clothes drying apparatus shall be screened from public view in a manner approved by the ACC. (j) No wailer, mobile home, tent, shack, garage or other "out building" erected on any Lot shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. (k) Boats, boat trailers, campers, recreational vehicles, oversized vehicles, except 18 wheel tractor-trailer tracks which are prohibked altogether, or utilky trailers may be maintained on a residential lot but only within an approved enclosed or screened area such that they are not generally visible from adjacent properties. They may not be parked for longer than twelve (12) hours in the front or side setback areas, or in the street in front of, or to the side of, any lot. Plans for such enclosed or screened area delineating the size, design, specifications, exterior color or finish, and location must be approved by the Architectural Control Committee (ACC) prior to construction. As provided herein, no akeration in the exterior appearance of any enclosed or screened area shall be made without like prior written approval by the Archkectural Control Commktee (ACC). 8 00SN0128/WP/NOV23 K (1) No motor vehicle shall be parked over twelve (12) hours in front of, or on, any lot, without being operable, properly licensed, and with current inspection stickers. (m) Individual sewerage disposal systems shall be permitted on any Lot provided such system is designed, located and constructed in accordance with the requirements, standards and recommendations of state and local public health authorities. Approval of such systems as installed shall be obtained from such authorities. (n) The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to str'Lkes, fires, national emergency or natural calamkies. Houses may not be temporarily or permanently occupied until the exteriors thereof have been completed without prior written approval of the ArchitecturA Control Committee (ACC). During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. (o) In order to insure adequate drainage in said subdivision, no permanent or temporary driveway or entrance into any lot in this subdivision shall be constructed or used until a culvert is installed in the ditch between said property and the roadways in this subdivision, which culverts shall be in accordance with the standards ofthe Virginia Department of Transportation and the County of Chesterfield. In the event of a noncompliance with this provision, Owner agrees to correct same within fifteen (15) days after written notice from the Declarant, the ACC, or the authorized representative of either. (p) The Declarant, while k may dur'mg the course of the development of the Property subject or to be subjected to the covenants, conditions, and restrictions herein set forth, may undertake to maintain certain areas within the rights of way and/or easements within said development. Said conduct on the part of the Declarant shall not be deemed to impose any continuing liability on the Declarant to do so and the Declarant reserve to themselves at all times the right to discontinue any such maintenance. (q) No fence shall be erected, placed or permitted to remain on any lot nearer to any street than the minimum building setback line. (r) All sewerage disposal shall be in septic tanks and approved drainage fields as required by the ordinances of the County of Chesterfield or the regulations of the Virginia State Board of Health. Section 2. Maintenance of Property. Each Owner shall keep all lots owned by him, and all improvements therein or thereon free of debris and in good order and repair, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the improvements all in a manner and with such frequency as is consistent with good property management and so as not to detract from the overall beauty of the community and health and safety of Walthall Creek, Section 6, residents. No trees 8" in diameter or larger; however, may be cut without prior written approval 9 00SN0128/WP/NOV23 K of the ACC unless "such trees are within 10' of the proposed or existing dwelling unit, or unless such trees are within the area previously approved by the ACC for the driveway, septic field or other improvements. If Owner fails to maintain the premises and the improvements thereon as provided herein, the Association, after 30 days written notice to the Owner, shall have the right to enter upon said lot to correct any violation of this section as stated in the notice. All costs related to correcting said violation incurred by the Association may be recovered by the Association by the filing of an appropriate action in a court of competent jurisdictionto recover a judgment against the Owner for such costs, attorneys fees, interest at the statutory rate, and costs of legal action. ARTICLE VI ASSOCIATION Each Owner of a lot, by acceptance of a deed thereto, and by approval of these Declarations, agrees for himself and his successors and assigns as owners of such lot, to become a member of the Walthall Creek Homeowners Association, a Virginia nonstock corporation, and to maintain said membership for the duration of such Owner's ownership of the lot and to comply with the Articles, By-laws and rules and regulations thereof (as the same may be amended from time to time). ARTICLE VII GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions ofthis Declaration shall nm with and bind the land until December 21, 2030, at which time the Declarations will be renewed for periods often (10) years unless modified in accordance herewkh. Section 2. This Declaration may be amended at any time by an instrument to be record after written consent thereto by a majority of the Owners including the Declarant as to any lots Declarant may then own. For proposes of this provision, Declarant shall be entkled to three (3) votes for each lot they own and other owners shall be entitled to one ( 1 ) vote. The consent of the Declarant shall not be required once Declarant has conveyed ks entire interest in Section 6, Walthall Creek. Section 3. Enforcement. The Association, any Owner, or the Declarant shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration and of Supplemental Declarations. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 10 00SN0128/WP/NOV23 K Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 5. Release of Negative Reciprocal Easements. All Owners acknowledgethat the Declarant owns other real estate in Chesterfield County, Virginia, which may in some areas be contiguous to the real estate covered hereby. No such other real estate shall be included within the scheme of this Declaration except such additional properties as may be added pursuant to Article II, Section 2, hereof as and when such properties are added. Each Owner, by his acceptance of this Declaration or the deed to this lot, waives any right and interest he may have to the enforcement of all or any portion of this Declaration or any Supplemental Declaration against other real estate not expressly covered by this Declaration. The Declarant therefore reserves to themselves and their successors or assigns, the right to construct or permk construction of and the right to operate and maintain other facilities such as churches, schools, recreational areas, country clubs, shopping centers, etcetera, on other property owned by it in Chesterfield County, Virginia, not included in the Property, provided such other facilkies be approved by the Planning Commission of Chesterfield County, Virginia; and provided further that such other facilkies are not inconsistent with the development of a high type residential community upon the Property; and any person acquiring any interest in the Property shall be deemed to have consented hereto. 1N TESTIMONY WHEREOF, the Board of Directors has caused this insmunent to be signed and acknowledged in its corporate name by its Presktent, who has been authorized so to do by resolution of the Board of Directors of said corporation. GENERAL INFORMATION Location: Lies on the east line of Woods Edge Road, south of Riggers Station Drive, and lies at the terminus of Clear Creek Lane. Tax ID 806-644-5375 (Sheet 35). Existing Zoning: A Size: 14.6 acres Existing Land Use: Vacant 11 00SN0128/WP/NOV23 K Adjacent Zoning & Land Use: North - A; Single family residential or vacant South - A; Single family residential East - R-15; Single family residential West - A; Single family residential or vacant UTILITIES Public Water System: There is an existing sixteen (16) inch water line extending along Woods Edge Road, adjacent to the request site. In addition, there is an existing eight (8) inch water line stubbed out for future extension along Clear Creek Lane, approximately 235 feet east of the request site. Use of the public water system is intended and has been proffered. (Proffered Condition 6). Public Wastewater System: The public wastewater system is not available to serve the request site. Private System: The Health Department must approve the use of private septic systems. ENVIRONMENTAL Drainage and Erosion: The property drains to the south and then via tributaries to Ashton Creek. The property to the rear is rather steep and heavily wooded. There are no existing or anticipated drainage or erosion problems. It does not appear that off-site drainage easements will be necessary. The applicant has proffered that, with the exception of timber'mg which has been approved by the Deparm~ent of Forestry to remove dead of diseased trees, there will be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Depamnent (Proffered Condition 8). This will insure that proper erosion control measures are in place prior to any timbering and related land disturbance. PUBLIC FACILITIES 12 00SN0128/WP/NOV23 K The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan andthe FY 2000-2004 Capital Improvement Program. This development will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that emergency services calls are expected to increase forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for construction by the year 2015 in the Public Facilities Plan. Based on ten (10) resMential units, this development will generate approximately five (5) emergency calls for fire and rescue services per year. The applicant has offered measures to assist in addressing the impact of this development on these facilities. (Proffered Condition 7) This property is currently served by the Dutch Gap Fire/Rescue Station, Company Number 14 and Bensley-Bermuda Rescue Squad. When the property is developed, the number of hydrants and quantity of water needed for fire protection will be evaluated dur'mg the plans review process. Schools: Approximately six (6) school age children will be generated by this development. The ske lies in the Margueritte Christian Elementary School attendance zone: capacky -775, enrollment - 830; Chester Middle School zone: capacity - 720, enrollment - 667; and Thomas Dale High School zone: capacity - 1,325, enrollment - 1,777. This development will have impact on area schools. There are currently four (4) trailers at Margueritte Christian Elementary; five (5) trailers at Chester Middle; and thirteen (13) at Thomas Dale High School. Thomas Dale High School is currently being renovated and renovations are planned for Chester Middle in the tall of 2000. The applicant has agreed to participate in the cost of providing for area school needs. (Proffered Condition 7 ) Libraries: Consistent with Board of Supervisors' policy, the impact of development on library services is assessed County-wide. Based on projected population growth, the Public Facilkies Plan (1995) identifies a need for addkional library space throughout the County. Taking into account the addkional space provided by the two currently funded projects, the new LaPrade and Chester Libraries, there is still a projected need for 55,000 additional square feet of library space County- wide by 2015. 13 00SN0128/WP/NOV23 K The proposed development of the property would most likely have the greatest impact on the Enon or Chester Libraries. The Public Facilities Plan (1995) indicates a need to expand the Enon Library by 2015. A new Chester Library is currently funded. Parks and Recreation: The Public Facilities Plan identifies the need for two (2) new regional parks in Chesterfield County by 2015. In addition, there is currently a shortage of communky park acreage in the eastern part of Chesterfield. The Public Facilkies Plan identifies a need for 116 acres ofcommunity park space by 2015. The applicant has offered measures to assist in addressing the impact of this proposed development on parks and recreation facilities. (Proffered Condition 7) Transportation: The applicant has proffered a maximum densky often (10) lots (Proffered Condition 1). Based on single family trip rates, development could generate approximately 120 average daily trips. These vehicles will be distributed through Walthall Creek Subdivision to Woods Edge Road which had a 1997 traffic count of 3,244 vehicles per day. The Thoroughfare Plan identifies Woods Edge Road as a major arterial with a recommended right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) feet of right of way, measured from the centerline of Woods Edge Road, in accordance with that Plan. (Proffered Condition 9) Access to major arterials, such as Woods Edge Road, should be controlled. The applicant has proffered that no direct access will be provided from the property to Woods Edge Road (Proffered Condkion 10). The applicant has also proffered that access from the property will be provkted through Walthall Creek Subdivision via an existing stub road right of way (Clear Creek Lane). (Proffered Condition 3) Mitigating road improvements must be provided to address the uafftc impact of this development. The Thoroughfare Plan identifies the need to improve existing roads, as well as construct new roads to accommodate growth. Area roads need to be approved to address safety and accommodate the increase in traffic generated by this development. The applicant has proffered to contribute cash towards addressing this impact. (Proffered Condition 7) 14 00SN0128/WP/NOV23 K Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 10* 1.00 Population Increase 2.77 2.77 Number of New Students Elementary 2.70 0.27 Middle 1.30 0.13 High 1.60 0.16 TOTAL 5.60 0.56 Net Cost for Schools 33,160 3,316 Net Cost for Parks 7,030 703 Net Cost for Libraries 2,820 282 Net Cost for Fire Stations 2,680 268 Average Net Cost for Roads 20,470 2,047 TOTAL NET COST 66,160 6,616 *Based on a proffered maximum number of units. As noted, this proposed development will have an impact on capkal facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $6,616 per units. The applicant has been advised that a maximum proffer of $6,200 per unit would defray the cost of the capital facilities necessitated by this proposed development. Consistent with the Board of Supervisors' policy, and proffers accepted from the other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 7) Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and k has been determined that it is appropriate to accept the maximum cash proffer in this case. 15 00SN0128/WP/NOV23 K LAND USE Comprehensive Plan: The ske lies within the Eastern Ama Plan which suggests the area lying generally east of Woods Edge Road is appropriate for low density residential use of up to 1.5 dwelling units per acre. Properties west of Woods Edge Road are suggested as appropriate for light industrial uses. Area Development Trends: Properties to the north, south and west are zoned Agricultural (A) and are developed for single family residential uses or are vacant. Property to the east is zoned Residential (R-15) and is developed as Walthall Creek Subdivision. Residential uses east of Woods Edge Road is anticipated to continue in conformance with the Plar~ The Plan suggests that light industrial uses would be appropriate west of Woods Edge Road. Based upon the recommendations of the Plan, it is anticipated that those road stripped lots located west of Woods Edge Road will eventually be converted for light industrial uses and accessed through other industrial properties to the west via a new north/south road located between the Walthall/I-95 Interchange and Old Bermuda Hundred Road. It is anticipated that as industrial development occurs to the west, those uses will be oriented toward the new north/south road and Woods Edge Road will become more of a neighborhood arterial. Site Design: The applicant plans to develop the subject property with sole access to Clear Creek Lane in Walthall Creek Subdivision (Proffered Condition 3), and has agreed to a maximum often (10) lots. (Proffered Condition 1) As indicated, the public wastewater system is not currently available and it is, therefore, the intent to develop the property on private septic systems. If the property is developed on private septic systems, the Ordinance requires a minim average lot size of 40,000 square feet, that at least 90 percent of the lots be at least 40,000 square feet and that no lot be less than 30,000 square feet. Should public wastewater be extended in the future, the Ordinance would require a minimum lot size of 15,000 square feet. To address potential land use compatibility issues, should the public wastewater be extended in the future, the applicant has agreed to similar densities and an overall average lot size comparable to that which exists in Walthall Creek (Proffered Conditions 1 and 2). Since the sole access to this proposed development will be through Walthall Creek (Proffered Condition 3), similar lot sizes and densities are more critical than if access were to be provided to Woods Edge Road. 16 00SN0128/WP/NOV23 K Restrictive Covenants: To address concems from the adjacent Walthall Creek Subdivision Home Owners Association, the applicant has proffered that in conjunction with the recordation of the subdivision plat, restrictive covenants will be recorded that are similar to the existing Walthall Creek Section 6. Staff notes that the County will only require recordation of the Covenants. The County will have no responsibility to enforce the covenants and once recorded the Covenants may be changed. ~Proffered Condition 10) Comparison Lot Size: The sections of Walthall Creek Subdivision closest to this proposed development have an average lot size of 37,855 square feet. An average lot size of 41,600 square feet has been proffered for the request property. (Proffered Condition 2) Comparison of Area House Sizes: Residences on lots in sections of Walthall Creek Subdivision closest to this development, have gross floor areas that range between approximately 1,939 square feet and 4,218 square feet. The applicant has proffered that residences on the request property would have a minimum gross floor area of 2,000 square feet for one story and 2,200 square feet for more than one story (Proffered Condition 5). Architectural Treatment: The applicant has proffered that the exposed surfaces of all foundations of dwellings will be faced with brick veneer. (Proffered Condition 4) CONCLUSIONS The proposed zoning, coupled with the proffered conditions, conforms to the Eastem Area Land Use and Transportation Plan which suggests that the property is appropriate for low density residential uses with densities up to 1.5 units per acre. In addition, the proposed zoning and land use are compatible with existing and proposed area residential development. The proffered development standards of the Zoning Ordinance and the proffered condkions ensure land use compatibility between the proposed resklential subdivision and existing area residential subdivision development. Given these considerations, approval of this request is recommended. 17 00SN0128/WP/NOV23 K CASE HISTORY Applicant (10/19/99): Proffered Condition 10 was submitted. Planning Commission Meeting (10/19/99): The applicant accepted the recommendation. There were a number of citizens present who indicated that most of their concerns had been addressed through the proffered conditions; however, they would like an opportunity to meet with the applicant prior to the Board's consideration of the case. On motion of Mr. Cunningham, seconded by Mr. Shewmake, the Commission recommended approval and acceptance of the proffered conditions on pages 2 through 11. AYES: Messrs. Gulley, Cunningham, Marsh and Shewmake. ABSTENTION: Mr. Miller. Mr. Miller indicated that he abstained because he was not present for the entire hearing. Applicant, Area Residents, Bermuda District Commissioner and Staff (11/3/99): A meeting was held to discuss the proposed zoning. Concerns were expressed relative to the impact of the proposed access on existing driveways, drainage, access to the neighborhood and lot sizes. It was indicated that the Walthall Creek Homeowner's Association supports the request, as proffered; however, there was no indication as to whether or not there may be some individual homeowners who might have concerns. The Board of Supervisors, on Tuesday, November 23, 1999, beginning at 7:00 p.m., will take under consideration this request. 18 00SN0128/WP/NOV23 K R-12 A Casei O0SNO128 Rezoni~g: A to R-15 Sheet/fi 35 OOSNO128 In Bermuda Magisterial District, CARTER DEVELOPMENT CO., INC. requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R 15). Residential use of up to 2.9 units per acre is permitted in a Residential (R 15) District. The Comprehensive Plan suggests the property is appropriate for low density residential use of up to 1.5 units per acre. This request lies on 14.6 acres fronting approximately 750 feet on the east line of Woods Edge Road, approximately 1050 feet south of Riggers Station Drive, also located at the terminus of Clear Creek Lane. Tax ID 806 644 5375 (Sheet 35). Mr. Jacobson presented a summary of Case 00SN0128 and stated 11/23/99 99 900 that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Eastern Area Land Use and Transportation Plan. Mr. Oliver Rudy, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. After brief discussion, on motion of Mr. McHale, seconded by Mrs. Humphrey, the Board approved Case 00SN0128 and accepted the following proffered conditions: Development shall be limited to a maximum of ten (10) lots. (P) The overall average lot size shall be a minimum of 41,600 square feet. (P) Access to the property shall be limited to Clear Creek Lane. There shall be no direct access from the property to Woods Edge Road. (P and T) The exposed surfaces of all dwelling unit foundations shall be faced with brick veneer. (BI) The minimum gross floor area for homes shall be as follows: One story 2,000 square feet More than one story 2,200 square feet (BI) The public water system shall be used. (U) The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the issuance of building permit for infrastructure improvements within the service district for the property: a. $6,200 per dwelling unit, if paid prior to July 1, 2000; or b. The amount approved by the Board of Supervisors not to exceed $6,200 per dwelling unit adjusted upward by an increase in the Marshall and Swift Building Cost Index between July 1, 1999, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2000. In the event the cash payment is not used for the purpose for which proffered within the 15 years of receipt, the cash shall be returned in full to the payor. (B and M) With the exception of timbering which as been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall 11/23/99 99 901 10. be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department. (EE) In conjunction with recordation of the first subdivision plat, forty five (45) feet of right of way on the east side of Woods Edge Road, measured from the centerline of that part of Woods Edge Road immediately adjacent to the property, shall be dedicated, free and unrestricted to and for the benefit of Chesterfield County. (T) In conjunction with the recordation of the subdivision plat, of the property the following restrictive covenants shall be recorded, provided however, that references to Walthall Creek, Section 6 may be changed to reference the name of this development, and the composition of the Architectural Control Committee may be modified. RECITALS A. Declarant is the owner of certain real estate situated in Bermuda District, Chesterfield County, Virginia, as more particularly described as Section 6, Walthall Creek. B. Declarant desires to create a highly desirable residential community, to provide for the preservation and enhancement of property values, amenities and opportunities in the community, and to provide for the maintenance of the real estate and the improvements thereon, and to this end desires to subject the aforesaid real estate together with such additions as may from time to time hereafter be made thereto (as provided herein) to the covenants, and restrictions in these Declarations. C. Declarant deems it desirable for the efficient maintenance and preservations of the amenities in said community to create an entity to own, maintain and administer the community's properties and facilities, to administer and enforce the covenants and restrictions, and to promote recreation, health safety and welfare of the residents. To this end, Declarant will cause to be incorporated under the laws of the Commonwealth of Virginia a non stock corporation under the name "Walthall Creek Homeowners Association." NOW, THEREFORE, the Declarant hereby declares that Section 6, Walthall Creek, and such additions thereto (if any) as may from time to time hereafter be made pursuant to these Declarations, are and shall be held, transferred, sold, conveyed and occupied subject to the covenants and restrictions (sometimes referred to collectively, as '~covenants and restrictions") hereinafter set forth. ARTICLE I DEFINITIONS 11/23/99 99 902 Section 1. "Board of Directors" shall mean and refer to the Board of Directors of the Walthall Creek Homeowners Association (Association). Section 2. "Declaration" shall mean the covenants and restrictions and all other provisions herein set forth, as the same may from time to time be amended or supplemented. Section 3. "Common Area" shall mean and refer to those areas of real estate now or hereafter conveyed to the Association or shown as "open space" or "common area" on recorded subdivision plats of the real estate subject to this Declaration, and the improvements thereon, which are intended to be devoted to the common use and enjoFment of the Members. Section 4. '~Declarant" shall mean and refer to developer of the real estate subject hereto. Section 5. '~Living Unit or Dwelling" shall mean and refer to any portion of a structure situated upon a lot designed and intended for use and occupancy as a residence. Section 6. '~Lot" shall mean and refer to any such plot of land shown upon any recorded subdivision plat of the real estate subject hereto with the exception of the Common Area and roads. Section 7. '~Member" shall mean and refer to any member of the Association. Section 8. '~Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 9. '~Parcel" shall mean and refer to the property. Section 10. '~Association" shall mean and refer to the Walthall Creek Homeowners Association, its successors and assigns. Section 11. "Supplemental Declaration" shall mean and refer to any declaration of covenants and restrictions which may be hereafter recorded by the Declarant and which extends the provisions of this Declaration to a Parcel pursuant to these Declarations. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONS THERETO. Section 1. Existin~ Proeertv. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Bermuda District, Chesterfield County, Virginia. 11/23/99 99 903 Section 2. Additions by Declarant. As long as the Declarant owns any real property in the general area of Section 6, Walthall Creek, the Declarant may subject additional real property to the provisions of this Declaration by filing a supplement hereto in the Clerk's Office of the Circuit Court of the County of Chesterfield, Virginia. ARTICLE III Section 1. Obligations of the Association. The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the management and control of the Common Area and the improvements thereon, and shall keep the same in good, clean, attractive and sanitary condition, order and repair. Section 2. Owners' and Members' Rights of Enlov~ent. Subject to the provisions hereof, every Owner shall have a right of enjoyment in and to the Common Area which shall appurtenant to and shall pass with the title to every lot, and every Member shall have a right of enjoyment in the Common Area. Section 3. Title to Common Area. The Declarant intends to retain title to the common areas until completion of development at which time Declarant would contemplate a conveyance of the common areas, in fee simple to the Walthall Creek Homeowners Association. ARTICLE IV ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. There shall be an Architectural Control Committee (hereinafter called '~ACC") consisting of the Declarant and/or such other persons as may from time to time be appointed by Declarant. The initial members appointed by Declarant are B. Forace Hill, Matthew Hill and Joseph R. Hill. Declarant shall have the option to transfer control of the ACC to the Association, in which event the ACC shall be appointed by the Board of Directors of the Association. Until such time as Declarant owns no land or lots in Section 6, Walthall Creek, it shall retain architectural control. Section 2. Purpose. In accordance with the provision of the Declaration and such guidelines as the Declarant may promulgate, the ACC shall regulate the design, appearance, use, location, and maintenance of the real estate covered hereby and of improvements thereon in such a manner so as to preserve and enhance values, to maintain a harmonious relationship among structures and the natural vegetation and topography, and to conserve existing amenities. Section 3. Conditions. 11/23/99 99 904 a. No building, structure, outbuilding, antennae, fence, wall, improvement, and/or addition of any nature whatsoever (except for interior alterations to existing structures not affecting the external structure or appearance of any improvement on any portion of the Property) shall be constructed on the Property unless and until the plans for such construction shall have been approved in writing by the ACC. The plans submitted to the Committee for approval shall include (1) the construction plans and specifications, and exterior colors, including but not limited to colors relating to roofing, brick, mortar, paint and siding; (ii) a plat showing the exact location of all proposed improvements; and (iii) proposed finish driveway materials according to uniform specifications established by the Declarant. No construction shall begin and no portion of the Property shall be graded except in accordance with such approved plans or modifications thereof that has also been approved by the Committee pursuant to separate application therefor. b. No plans for a living unit or dwelling shall be submitted for such approval unless the finished living area of such dwelling, exclusive of one story open porches and garages, shall exceed 1,800 square feet. Each dwelling shall have full brick foundations, and no exposed cinder block or concrete block exterior walls or foundations will be allowed. c. No improvements, alteration, repairs, change of paint color, excavations, filling, removal of live trees, changes in grade or other work which in any way alters the exterior of any property or the improvements located thereon from its natural or improved state existing on the date such property was first conveyed in fee by the Declarant to an Owner shall be made or done without the prior approval of the ACC, except as otherwise expressly provided in this Declaration. No building, fence, wall or other structure shall be commenced, erected, improved, altered, made or done without the prior written approval of the ACC. Section 4. Procedures. a. Approval by the Committee shall be based upon compliance with the provisions of this Declaration, the quality of workmanship and materials, harmony of external design with surrounding structures, location of improvements with respect to topography and finished grade elevation, the effect of the construction on the outlook from surrounding portions of the Property, and all other factors which in the sole opinion of the Committee will affect the desirability or suitability of the proposed improvement. b. Approval or disapproval of the application by the Committee shall be given to the applicant in writing within 30 days of receipt thereof; in the event the approval or disapproval is not forthcoming within 30 days, unless an extension is agreed to by the applicant in writing, the application shall be deemed approved and the construction of the applied for improvements may be commenced provided that all such constructions is in accordance with the submitted 11/23/99 99 905 plans and provided further that such plans conform in all respects to the other terms and provision of this Declaration. c. Approval by the Committee shall not constitute a basis for liability of the members of the Committee, the Committee or the Owner for any reason including without limitations: (1) failure of the plans to conform to any applicable building codes, or (ii) inadequacy or deficiency in the plans resulting in defects in the improvements. ARTICLE V USE OF PROPERTY Section 1. Protective Covenants. (a) Residential Use. Ail lots shall be used, improved and devoted exclusively to residential use. Nothing herein shall be deemed to prevent an Owner from leasing a Living Unit to a single family, subject to all of the provisions of this Declaration. No more than one Living Unit may be constructed on each lot, although "out buildings" not inconsistent with residential use may be constructed if prior written approval is obtained from the ACC pursuant to these Declarations. Builders may utilize, as approved by Declarant, constructed homes as model homes for such periods as approved in writing by the Declarant. (b) Restriction on Further Subdivision. No lot shall be further subdivided or separated into smaller lots by any Owner other than the Declarant without the written consent of Declarant, and no portion less than all of any such lot shall be conveyed or transferred by an Owner other than the Declarant; provided, however that this shall not prohibit easements, deeds of correction, deeds to resolve boundary line disputes, and similar corrective instruments. (c) Nuisances. No nuisance, obnoxious or offensive activities shall be permitted to exist or operate upon any portion of any property so as to be detrimental to or interfere with any other property in the vicinity there or to its occupants. (d) Pets. Subject to such limitations as may from time to time be set by the Association or ACC, generally recognized house or yard pets, in reasonable numbered, may be kept and maintained at an occupant's residence, provided such pets are not kept or maintained for commercial purposes. Ail pets must be kept under the control of their owner when they are outside the occupant's premises and must not become a source of unreasonable annoyance to other residents, and if any such pets are declared an annoyance by the Association or ACC, they shall be removed from the lot within thirty (30) days after written request from the Association or ACC. No other animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot. (e) Signs. No sign of any type shall be displayed to 11/23/99 99 906 public view on any lot, except as approved by the ACC. During development of the subdivision, however, builders, realtors and the Declarant may maintain such signs for marketing purposes as are reasonable, and as are approved by the Declarant. In addition, such signs shall be permitted for purpose of resale of a residence in the subdivision. The Declarant will further establish such subdivision signs as it deems appropriate within the signage ordinances established by the County of Chesterfield. (f) Mailboxes and Newspaper Tubes. Only mailboxes and newspaper tubes meeting the design standards of the ACC shall be permitted, except for mail depositories which are the property of the U. S. Post Office Department. The Declarant reserves the right to establish uniform mailbox regulations to govern the erection and/or alteration of mailboxes in the subdivision. Such uniform mailbox regulations will be administered through the ACC. (g) Trash. No lot shall be used or maintained as a dumping ground, and all trash, debris, garbage and other waste shall be stored in appropriate trash receptacles, in the rear yards only. (h) Antennae. Exterior television or other antennae, except as approved by the ACC, are prohibited. (i) Clothes Dryer Equipment. Clothes lines or other clothes drying apparatus shall be screened from public view in a manner approved by the ACC. (j) No trailer, mobile home, tent, shack, garage or other '~out building" erected on any Lot shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. (k) Boats, boat trailers, campers, recreational vehicles, oversized vehicles, except 18 wheel tractor trailer trucks which are prohibited altogether, or utility trailers may be maintained on a residential lot but only within an approved enclosed or screened area such that they are not generally visible from adjacent properties. They may not be parked for longer than twelve (12) hours in the front or side setback areas, or in the street in front of, or to the side of, any lot. Plans for such enclosed or screened area delineating the size, design, specifications, exterior color or finish, and location must be approved by the Architectural Control Committee (ACC) prior to construction. As provided herein, no alteration in the exterior appearance of any enclosed or screened area shall be made without like prior written approval by the Architectural Control Committee (ACC). (1) No motor vehicle shall be parked over twelve (12) hours in front of, or on, any lot, without being operable, properly licensed, and with current inspection stickers. (m) Individual sewerage disposal systems shall be permitted on any Lot provided such system is designed, 11/23/99 99 907 located and constructed in accordance with the requirements, standards and recommendations of state and local public health authorities. Approval of such systems as installed shall be obtained from such authorities. (n) The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency or natural calamities. Houses may not be temporarily or permanently occupied until the exteriors thereof have been completed without prior written approval of the Architectural Control Committee (ACC). During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonably clean and uncluttered condition. (o) In order to insure adequate drainage in said subdivision, no permanent or temporary driveway or entrance into any lot in this subdivision shall be constructed or used until a culvert is installed in the ditch between said property and the roadways in this subdivision, which culverts shall be in accordance with the standards of the Virginia Department of Transportation and the County of Chesterfield. In the event of a noncompliance with this provision, Owner agrees to correct same within fifteen (15) days after written notice from the Declarant, the ACC, or the authorized representative of either. (p) The Declarant, while it may during the course of the development of the Property subject or to be subjected to the covenants, conditions, and restrictions herein set forth, may undertake to maintain certain areas within the rights of way and/or easements within said development. Said conduct on the part of the Declarant shall not be deemed to impose any continuing liability on the Declarant to do so and the Declarant reserve to themselves at all times the right to discontinue any such maintenance. (q) No fence shall be erected, placed or permitted to remain on any lot nearer to any street than the minimum building setback llne. (r) Ail sewerage disposal shall be in septic tanks and approved drainage fields as required by the ordinances of the County of Chesterfield or the regulations of the Virginia State Board of Health. Section 2. Maintenance of Property. Each Owner shall keep all lots owned by him, and all improvements therein or thereon free of debris and in good order and repair, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the improvements all in a manner and with such frequency as is consistent with good property management and so as not to detract from the overall beauty of the community and health and safety of Walthall Creek, Section 6, residents. No trees 8" in diameter or larger, however, may be cut without prior written approval of the 11/23/99 99 908 ACC unless '~such trees are within 10' of the proposed or existing dwelling unit, or unless such trees are within the area previously approved by the ACC for the driveway, septic field or other improvements." If Owner fails to maintain the premises and the improvements thereon as provided herein, the Association, after 30 days written notice to the Owner, shall have the right to enter upon said lot to correct any violation of this section as stated in the notice. Ail costs related to correcting said violation incurred by the Association may be recovered by the Association by the filing of an appropriate action in a court of competent jurisdiction to recover a judgment against the Owner for such costs, attorneys fees, interest at the statutory rate, and costs of legal action. ARTICLE VI ASSOCIATION Each Owner of a lot, by acceptance of a deed thereto, and by approval of these Declarations, agrees for himself and his successors and assigns as owners of such lot, to become a member of the Walthall Creek Homeowners Association, a Virginia nonstock corporation, and to maintain said membership for the duration of such Owner's ownership of the lot and to comply with the Articles, By laws and rules and regulations thereof (as the same may be amended from time to time). ARTICLE VII GENEP~AL PROVISIONS Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land until December 21, 2030, at which time the Declarations will be renewed for periods of ten (10) years unless modified in accordance herewith. Section 2. This Declaration may be amended at any time by an instrument to be record after written consent thereto by a majority of the Owners including the Declarant as to any lots Declarant may then own. For purposes of this provision, Declarant shall be entitled to three (3) votes for each lot they own and other owners shall be entitled to one (1) vote. The consent of the Declarant shall not be required once Declarant has conveyed its entire interest in Section 6, Walthall Creek. Section 3. Enforcement. The Association, any Owner, or the Declarant shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration and of Supplemental Declarations. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 4. Severabilitv. Invalidation of any one of these covenants or restrictions by judgment or court order 11/23/99 99 909 shall in no way affect any other provisions, which shall remain in full force and effect. Section 5. Release of Negative Reciprocal Easements. Ail Owners acknowledge that the Declarant owns other real estate in Chesterfield County, Virginia, which may in some areas be contiguous to the real estate covered hereby. No such other real estate shall be included within the scheme of this Declaration except such additional properties as may be added pursuant to Article II, Section 2, hereof as and when such properties are added. Each Owner, by his acceptance of this Declaration or the deed to this lot, waives any right and interest he may have to the enforcement of all or any portion of this Declaration or any Supplemental Declaration against other real estate not expressly covered by this Declaration. The Declarant therefore reserves to themselves and their successors or assigns, the right to construct or permit construction of and the right to operate and maintain other facilities such as churches, schools, recreational areas, country clubs, shopping centers, etcetera, on other property owned by it in Chesterfield County, Virginia, not included in the Property, provided such other facilities be approved by the Planning Commission of Chesterfield County, Virginia; and provided further that such other facilities are not inconsistent with the development of a high tlrpe residential community upon the Property; and any person acquiring any interest in the Property shall be deemed to have consented hereto. IN TESTIMONY WHEREOF, the Board of Directors has caused this instrument to be signed and acknowledged in its corporate name by its President, who has been authorized so to do by resolution of the Board of Directors of said corporation. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 11/23/99 99 910