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99SN0287.pdfNovember 23, 1999 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 99SN0287 Stonehenge Commons LLC Midlothian Magisterial District Southern Terminus of Blakeston Court REQUEST: Rezoning from Agricultural (A) to Residential (R-15). PROPOSED LAND USE: A single family residential subdivision, with a minimum lot size of 25,000 square feet, is planned. The applicant has agreed to a maximum development of five (5) lots yielding a density of approximately 1.0 unit per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF PROFFERED CONDITIONS 1 THROUGH 15 ON PAGES 2 THROUGH 7 PROVIDED THAT PRIOR TO THE BOARD'S CONSIDERATION OF THE CASE 15.9. BE AMENDED TO CORRECT A TYPOGRAPHICAL ERROR. AYES: MESSRS. GULLEY, CUNNINGHAM, MARSH AND SHEWMAKE. ABSENT: MR. MILLER. (NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE AND AS REQUESTED BY THE COMMISSION, PROFFERED CONDITION 15.9. HAS BEEN AMENDED TO CORRECT A TYPOGRAPHICAL ERROR.) Providing a FIRST CHOICE Community Through Excellence in Public Service. STAFF RECOMMENDATION Recommend approval for the following reasons: The proposed zoning and land use conforms with the Mktlothian Area Communky Plan which suggests the property is appropriate for transitional uses such as residential. The proposed zoning and land use is representative of, and compatible with, existing area residential development. The proffered conditions address the impact of this development on necessary capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for schools, parks, libraries, fire stations and transportation facilities is identified in the County's adopted Public Facilities Plan, FY 2000-2004 Capital Improvement Program and Thoroughfare Plan and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on these capital facilkies, thereby ensur'mg that adequate service levels are maintained as necessary to protect the health, safety and welfare of County citizens. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER 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. The minimum gross floor area for dwellings shall be 2,500 square feet. (BI) (STAFF/CPC) 2. Development shall be limited to a maximum of five (5) lots. (P) (STAFF/CPC) 3. The minimum lot size shall be 25,000 square feet. (P) (STAFF/CPC) 4. Except for timbering approved by the Virginia State Depamnent of Forestry for the purpose of removing dead or diseased trees, there shall be no timber'mg on the Property until a land disturbance permk has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) 2 99SN0287/WP/NOV23G (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. 11. The applicant, subdivider, or assignee shall pay the following to the County of Chesterfield prior to the issuance of building permit for the infrastructure improvements within the service district for the property. The amount approved by the Board of Supervisors not to exceed $6,200.00 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. At the time of payment, the amount proffered will be allocated pro-rata among the facility costs as calculated annually by the County Budget and Management Deparnnent. In the event the cash payment is not used for the purpose for which proffered within fifteen (15) years of receipt, cash shall be returned in full to the payer. (B&M) No dryvit siding shall be permitted. (P) All dwellings shall have a minimum of a two-car, attached garage. There shall be no front-entry garages or more specifically, garage doors shall be positioned so as not to have an orientation generally toward the street. (P) Each dwelling shall have a paved driveway from the street to the garage entrance. The exact pavement type may include asphalt, concrete, aggregate materials, and/or brick, concrete, or stone pavers. The exact treaunent shall be approved by the Planning Deparunent. (P) Exposed surfaces of dwelling unit foundations shall be brick veneer or stone, or poured concrete with a brick or stone pattern. (P) The minimum front yard setback for dwelling units shall be fnqy (50) feet, provided, however, this minimum setback shall be increased where necessary to obtain the required lot width at the front building line. (P) (Note: Except as noted herein, all other requirements of the Residential (R-15) District shall be applicable.) The owner/developer shall notify, in wrking, of the submission of subdivision plans to Chesterfield County, Mr. A1Ventola or Mr. Charles Kramer, and Mr. Jeffrey Keegan, if they are still residents of Stonehenge, and the last known president or representative on file with the Chesterfield County Planning Depamnent for the Stonehenge CivicAssociation. Such 3 99SN0287/WP/NOV23G notification shall occur no later than twenty-one (21) days prior to approval or disapproval of the subdivision plan. The owner/developer shall provide a copy of the notification letter to the Planning Depamnent. (P) (STAFF/CPC) 12. The only access to this property shall be from Blakeston Court. (T) (STAFF/CPC) 13. Cul-de-sacs shall have a minimum fifty (50) foot radius. (T) (STAFF/CPC) 14. A twenty-five (25) foot tree preservation strip shall be maintained along the per'Lmeter of the property. Except when necessary to provide access and utilities which nm generally perpendicular through this strip, all trees six (6) inches in caliper or greater located within the preservation strip shall be retained except that dead, diseased or dying trees six (6) inches or greater in caliper may be removed. This tree preservation area shall be exclusive of easements. (P) (STAFF/CPC) 15. Prior to, or in conjunction with, recordation of a subdivision plat, the following restrictive covenants shall be recorded, except that references to Stonehenge, Section I may be changed to reference the name of this development and the composition of the Architectural Committee may be modified, as set forth in the Restrictive Covenants, provided, however that the committee shall initially be Mark Anderson and his designee, and a resident of Stonehenge, Sections C or J and a resident of Stonehenge, Section I. Further, these restrictive covenants shall not be changed or amended without an amendment to this zoning case. (P) RESTRICTIVE COVENANTS - STONEHENGE No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height and an attached private garage for not more than two cars. No building shall be erected, placed, or altered on any lot until the construction plans and specifications thereof and a plan showing the location thereof shall have been approved by the archkecturA committee hereinafter established as to quality and types of materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation. No fence or wall not constituting part of a building shall be erected, placed, or altered on any lot unless similarly approved. The approval aforesaid shall be as provided in paragraphs 9 and 10. 4 99SN0287/WP/NOV23G 10. The ground floor area of the main structure, exclusive of one-story open porches, breezeways, and garages, erected on any lot shall be not less than 1630 square feet for a one-story dwelling or less than 1200 square feet for a dwelling of more than one story. No building shall be located on any lot nearer than 50 feet to the front lot line or nearer than 25 feet to any side street line. No dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purpose of this paragraph, eaves, steps, carports, and open and/or screened porches shall not be considered as a part of a building. The building placed on comer lots shall be constructed to front on the street which has the greater building line setback unless, however, it is constructed to front on the skte street in which event the building shall be constructed so as not to be nearer than 50 feet on the skte street line. The architectural committee hereinafter referred to has the right and privilege to waive any violation of this restriction as to any then existing violations upon the vote of a majority of ks members which waiver will be in writing directed to the owner of the lot upon which the violation occurred. Only one residence shall be erected or placed on single lot, and no lot shall, after its original conveyance, be subdivided into smaller lots or parcels. Easements for installation and maintenance of utilities and drainage facilities are re served as shown on the plat. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as residence either temporarily or permanently. An architectural committee (herein called "Committee") is hereby established. The composition of the committee shall consist of four (4) members who initially shall be Mark Anderson and his designee, and at least one resident of Stonehenge, Section C or J, and one resident of Stonehenge, Section I. The representatives from Stonehenge, Sections C or J, and Section I shall be chosen or removed by a majority of the residents of Section C or J, and Section I, respectively. Upon death or resignation of any member who represents Stonehenge, Section C, J or I, his successor shall be chosen by residents of Stonehenge, Section C, J or I, and upon death or resignation of Mark Anderson and his designee, his/their successor(s) shall be chosen by them or their estates, and such successor shall thereupon succeed to all of his powers and duties. Neither the members nor any representative shall receive compensation for acting hereunder. The Committee's approval as required above shall be in writing and, in the absence of such written approval, construction plans, specifications, and location plans shall be considered as disapproved. Approval by the committee will have been obtained only upon the affmnative vote of a majority 5 99SN0287/WP/NOV23G 11. 12. 13. 14. 15. 16. of the members except that no member of the Committee shall vote on any matter requiring ks vote under these restrictions in which he has an interest either as builder, contractor, or owner. In the event of a tie vote, a deciding vote shall be cast by the chairman of the Architectural Review Committee of the Stonehenge Civic Association. No dwelling or garage, unless k is of a colonial architectural design, shall be erected on any lot by any builder or contractor (herein called "contractor"), whether the lot be owned by the contractor or by someone else, unless the contractor shall have theretofore received the approval of the Committee and such approval shall not have been theretofore withdrawn. Any contractor shall before commencing the erection of any building in this subdivision, unless it is of a colonial archkectural design, obtain the written approval of the Committee and shall to that and furnish to it such statements, information, and references as it may request. Any approval so given may be withdrawn at any time by the Committee by written notice received by the contractor, but such withdrawal shall not prevent the contractor's completing the erection of any building commenced before his receipt of such notice. Each and every covenant and condition herein imposed may be enforced by the undersigned or by the owner of any lot provided, further, a lot owner in Stonehenge, Sections C, J or I may enforce paragraphs 9, 10 and 11 above, by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and/or to recover damages therefor. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, and one sign of not more than five square feet by a builder to advertise the property dur'mg the construction and sales period. No animals, livestock, or poultry or any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept therein if they are not kept, bred, or maintained for any commercial purpose. No lot shallbe used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. No rubbish, trash, garbage, and other waste shall be kept on any lot except in sanitary containers, and all incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No individual sewage-disposal system shall be permitted on any lot unless such system is designed, located, and constructed in accordance with the requirements, standards, and recommendations of the proper state or local or public health authority. Approval of such system as installed must be obtained from such authority. 6 99SN0287/WP/NOV23G 17. Invalidation of any of these covenants or conditions by court adjudication or otherwise shall in no wise modify, affect, or invalidate any of the other covenants and conditions herein contained, which shall remain in full force and effect. 18. The covenants and conditions herein contained shall nm with the land and shall be binding upon the subsequent owner or owners of each and every lot and each and every other portion of the land shown on the plat and all parties claiming through or under each such owner or owners for the period of twenty-five years from the date of the recordation hereof, after which period such covenants and conditions shall be automatically extended for successive periods often years each, subject to such modifications or changes from time to time as may be made by instruments in writing executed and acknowledged by the then owners of a majority of all the lots, including lots in Stonehenge, Sections C, J and I and recorded in said Clerk's Office provkted, however, that, should an instrument executed and acknowledged by the then owners of a majority of all the lots be recorded in said Clerk's Office prior to the expiration of the said twenty-five year period or prior to the expiration of any such ten year extension period revoking the said covenants and conditions, such revocation shall become operative at the end of the period in which such instrument was so recorded. GENERAL INFORMATION Location: Lies at the southern terminus of Blakeston Court and the northern terminus of Rothbury Drive. Tax ID 737-706-9292 (Sheet 6). Existing Zoning: A Size: 5.0 acres Existing Land Use: Vacant Adjacent Zoning & Land Use: North - A and R-15; Single family residential or vacant South - R-15; Single family residential 7 99SN0287/WP/NOV23G East - R-15; Single family residential West - A and R-15; Single family residential or vacant UTILITIES Public Water System: There is an existing six (6) inch water line adjacent to the request site, extending along Rothbury Drive. In addition, there is an existing six (6) inch waterline along Blakeston Court which ends adjacent to the request site. Use of the public water system is required by County Code. Public Wastewater System: There is an existing twelve (12) inch wastewater mink line extending along the northwest boundary of the request site. Use of the public wastewater system is required by County Code. ENVIRONMENTAL Drainage and Erosion: The ske drains to the west and into a creek that se~ves as the main stream draining the Chesterfield Towne Center area. The site is part ofthe Routes 60/147 Drainage District which will require the developer to pay a pro-rata share for cost of improvements in the district prior to recordation of the subdivision. There are existing, downstream flooding problems on the Stonehenge Golf Course; however, goff courses are permitted uses within floodplains. Several years ago, two (2) area homes that were subject to flooding had retaining walls constructed to ease the problem. Development of this small site will not aggravate any current downstream conditions. The necessity to obtain off-site easements is not anticipated due to the large stream located along the north western property line. This property is wooded and should not be timbered, except in conjunction with the development of the subdivision and with an approved land disturbance permk (Proffered Condition 4). This will insure that proper erosion control devices are in place at the time of any land disturbance. PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the FY 2000-2004 Capital Improvement Program and the Thoroughfare Plan. This development will have an impact on these facilities. 8 99SN0287/WP/NOV23G Fire Service: The Public Facilities Plan indicates that emergency services calls are expected to increase forty-five (45) percent by the year 2015. Eight (8) new fire/rescue stations are recommended for construction by the year 2015 in the Public Facilities Plan. Based on five (5) residential units, this request will generate approximately one ( 1 ) emergency call for fire and rescue services per year. The applicant has addressed the impact of this development on fire and emergency services facilities. (Proffered Condkion 5) This property is currently served by the Midlothian Fire/Rescue Station, Company Number 5 and Forest View 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 three (3) school age children will be generated by this development. The site lies in the Gordon Elementary School attendance zone: capacity - 761, enrollment - 642; Mktlothian Middle School zone: capacity - 1,350, enrollment - 1,324; and Monacan High School zone: capacity - 1,700, enrollment - 1,542. This request will have an impact on ama schools. The proffered conditions address the impact of this proposed development on school facilities. (Proffered Condition 5) Libraries: Consistent with the Board of Supervisors' policy, the impact of development on library services is assessed County-wide. Based on projected population growth, The Public Facilities Plan identifies a need for additional library space throughout the County. Taking into account the additional space which will be provided by two (2) 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. The proposed development would most likely have the greatest impact on the Midlothian Library. The Public Facilities Plan identifies a future need for additional library space in the Midlothian service area. The proffered conditions address the impact of this development on library facilities. (Proffered Condition 5) Parks and Recreation: 9 99SN0287/WP/NOV23G The Public Facilities Plan identifies the need to build two (2) new regional parks. In addition, there is currently a shortage of community park acreage in the northem area. The Public Facilities Plan identifies a need for 120 acres of community park space by 2015. The proffered conditions address the impact of this development on park facilities. (Proffered Condition 5) Transportation: The applicant has proffered a maximum density of five (5) lots (Proffered Condition 2). Based on single family trip rates, development could generate approximately S'LXty-sbx (66) average daily trips. These vehicles will be distributed through streets within Stonehenge Subdivision to Famham Drive which had a 1997 traffic count of 1,986 vehicles per day. The volume of traffic on Famham Drive exceeds the acceptable volume for subdivision streets established by the Planning Commission Stub Road Policy. Traffic generated by this development will increase the volume of traffic on Famham Drive. Currently, there is no other way to access the property. The Thoroughfare Plan identifies the need to improve existing roads, as well as construct new roads to accommodate growth. Area roads need to be improved to address safety and accommodate the increase of WalTtc generated by this development. The applicant has proffered cash towards mitigating this traffic impact. (Proffered Condition 5) 10 99SN0287/WP/NOV23G Financial Impact on Capital Facilities: PER UNIT Potential # of New Dwelling Units 5* 1.00 Population Increase 13.85 2.77 Number New Students Elementary 1.35 0.27 Middle 0.65 0.13 High 0.80 0.16 Total 2.80 0.56 Net Cost for Schools 16,580 3,316 Net Cost for Parks 3,515 703 Net Cost for Libraries 1,410 282 Net Cost for Fire Stations 1,340 268 Average Net Cost for Roads 10,235 2,047 Total Net Cost 33,080 6,616 *Based on a proffered maximum number of lots. (Proffered Condition 2) As noted, this proposed development will have an impact on capkal facilities. Staff has calculated the fiscal impact of every new dwelling unk on schools, roads, parks, libraries, and fire stations at $6,616 per unit. 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 other applicants, the applicant has offered cash to assist in defraying the cost of this development on such capital facilities. (Proffered Condition 5) 11 99SN0287/WP/NOV23G Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and k has been determined that it would be appropriate to accept the maximum cash proffer in this case. LAND USE Comprehensive Plan: Lies within the boundaries of the Mktlothian Area Communiw Plan which suggests the property is appropriate for transkional uses which contribute to an overall transkion to a smaller scale, pedestrian-oriented environment in Midlothian Village. Appropriate uses include office, medium- densky housing, personal services and community facilkies. Area Development Trends: Area development is characterized by a mix ofresktential and agricukural zoning and land uses. Generally, properties to the south, east and southwest have developed for lots in Stonehenge Subdivision, and properties to the north and northwest are vacant. Stonehenge Subdivision is zoned Residential (R-15). It is anticipated that those properties located to the west and northwest will be developed for residential and other uses which will provkte a transkion between Route 60 and the Stonehenge neighborhood. Ske Design: The applicant plans to develop the subject property with access via Blakeston Court only (Proffered Condition 12), and has agreed to a maximum of five (5) lots (Proffered Condition 2). In response to concerns expressed by area residents, the applicant has proffered a number of conditions which are not ordinar'dy proffered as a part ofa resktential zoning case. The applicant has proffered that any cul-de-sac within the development will have a minimum radius of fifty (50) feet (Proffered Condition 13). Additionally, each dwelling is to have a minimum two-car garage which can not be oriented toward the street and a paved driveway (Proffered Condkions 7 and 8). Except for front yard setbacks, which will be a minimum of fifty (50) feet, all other setbacks will meet the R-15 requirements. (Proffered Condition 10) Tree Preservation Strip: At the request of area property owners, the applicant has agreed to provide a twenty-five (25) foot tree preservation strip along the perimeter of the property. (Proffered Condition 14) 12 99SN0287/WP/NOV23G Comparison of Area Densky: Stonehenge, Section I lies adjacent to the northeast boundary of the request property and Stonehenge, Section C lies to the south and west and have developed with densities of approximately 1.75 and 0.86 units per acre, respectively. The applicant has proffered that development would be limited to a maximum of five (5) lots (Proffered Condition 2). Five (5) lots would yield a density of approximately one (1) unit per acre. Comparison Lot Size: Stonehenge, Section I has an average lot size of 21,780 square feet and Stonehenge, Section C has an average lot size of 31,004 square feet. A minimum lot size of 25,000 square feet has been proffered for this request. (Proffered Condition 3) Comparison Of Area House Sizes: Residences on lots in Stonehenge, Section I, have gross floor areas that range between approximately 2,180 square feet and 4,424 square feet. The applicant has proffered that residences on the request property would have a minimum gross floor area of 2,500 square feet. (Proffered Condition 1) Architectural Treatment: The applicant has proffered that the exposed surfaces of all foundations of dwellings will be faced with brick or stone or poured concrete with a brick or stone pattern (Proffered Condition 9). Further, a proffer has been submitted prohibiting any dryvit siding. (Proffered Condition 6) Restrictive Covenants: The applicant has agreed to record restrictive covenants which are the same as those recorded for Stonehenge, Section I (Proffered Condition 15). The covenants may be modified to reference this development and specify the initial makeup of the archkectural review committee. The proffer would not allow the covenants to be modified without an amendment to the zoning. It should be noted that the County will not be responsible for the enforcement of the covenants. Rather, the County will only be responsible for insur'mg that the covenants are recorded. CONCLUSIONS The proposed zoning and land use conforms with the Midlothian Area Community Plan which suggests the property is appropriate for transkional type uses, which includes residential. Given that the property is located between Stonehenge, Section I and Stonehenge, Section C, the property is most appropriately 13 99SN0287/WP/NOV23G zoned and developed for residential uses at densities and lot sizes comparable to that of the adjacent developments. Since the sole access will be via Blakeston Court, density and lot size should be comparable to Stonehenge Section I through which this development will access. The proposed zoning and land use with the proffered conditions is representative of, and compatible with, existing area residential development The applicant has adequately addressed the impact of this development on necessary capkal facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for schools, parks, libraries, fire stations and transportation facilities is identified in the County' s adopted Public Facilkies Plan, FY 2000-2004 Capkal Improvement Program and Thoroughfare Plan and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on these capkal facilities and thereby ensures that adequate service levels are maintained as necessary to protect the health, safety and welfare of County ckizens. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (8/17/99): The Commission, on their own motion, deferred this case to October 19, 1999, to allow time for the applicant to meet with area property owners. Staff (8/18/99): The applicant was advised in writing, that any significant new or revised information should be submitted no later than August 23, 1999, for conskteration at the Commission's October public hear'rog. Applicant, Area Residents and Midlothian District Commissioner (8/23/99): A meeting was held to discuss the proposed development. Area resktents requested changes to the proffers. Staff (9/30/99): 14 99SN0287/WP/NOV23G To date, no new information has been received. A meeting has been scheduled with the applicant, area residents, staff and the Mktlothian Commissioner on October 1, 1999. Staff will advise the Commission of the results of that meeting prior to, or at, the October public hearing. Applicant, Area Residents, Staff and Midlothian District Commissioner (10/1/99): A meeting was held to discuss amending proffered conditions to address area property owners' concerns. Changes to the proffers were discussed and agreed upon. Applicant (10/2/99): The applicant submitted amended proffers to address area property owners' concerns. Planning Commission Meeting (10/19/99): The applicant was not present but had agreed to accept the recommendation. There was no opposition present. One area resident spoke in favor of the request, provided that the typographical error in Proffered Condition 15.9. is corrected. On motion of Mr. Shewmake, seconded by Mr. Cunningham, the Commission recommended approval of this request and acceptance of Proffered Condkions 1 through 15 on pages 2 through 7 subject to Proffered Condition 15.9. being amended to correct a typographical error prior to the Board's consideration of the case. AYES: Messrs. Gulley, Cunningham, Marsh and Shewmake. ABSENT: Mr. Miller. Applicant, Area Residents, Staff and Midlothian District Supervisor (10/25/99): A meeting was held to discuss the recommendation of the Planning Commission and the typographical error in the staff`report that was prepared for the Commission. The consensus of the residents was to accept the recommendation of the Commission provided the typographical error is corrected. The applicant submitted a signed copy of amended Proffered Condition 15.9. which corrected the error. 15 99SN0287/WP/NOV23G The Board of Supervisors, on Tuesday, November 23, 1999, beginning at 7:00 p.m., will take under consideration this request. 16 99SN0287/WP/NOV23G 0-2 i A Case: 99SNO287 Rezoning: A TO R-15 Sheet~: 6 99SN0287 In Midlothian Magisterial District, STONEHENGE COMMONS LLC requested rezoning and amendment of zoning district map from Agricultural (A) to Residential (R 15). Residential use of up to 2.90 units per acre is permitted in a Residential 15) District. The Comprehensive Plan suggests the property is appropriate for planned transition. This request lies on 5.0 acres lying at the southern terminus of Blakeston Court and the northern terminus of Rothbury Drive. Tax ID 737 706 9292 (Sheet 6). Mr. Jacobson presented a summary of Case 99SN0287 and stated that the Planning Commission and staff recommend approval and acceptance of the proffered conditions. He noted that the request conforms to the Midlothian Area Community Plan. Mr. Mark Anderson, representing the applicant, stated that the recommendation is acceptable. There was no opposition present. On motion of Mr. Barber, seconded by Mr. McHale, the Board approved Case 99SN0287 and accepted the following proffered conditions: 1. The minimum gross floor area for dwellings shall be 2,500 square feet. (BI) 2. Development shall be limited to a maximum of five (5) lots. (P) 11/23/99 99 893 10. 11. The minimum lot size shall be 25,000 square feet. (P) Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) The applicant, subdivider, or assignee shall pay the following to the County of Chesterfield prior to the issuance of building permit for the infrastructure improvements within the service district for the property. The amount approved by the Board of Supervisors not to exceed $6,200.00 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. At the time of payment, the amount proffered will be allocated pro rata among the facility costs as calculated annually by the County Budget and Management Department. In the event the cash payment is not used for the purpose for which proffered within fifteen (15) years of receipt, cash shall be returned in full to the payer. (B&M) No dryvlt siding shall be permitted. (P) Ail dwellings shall have a minimum of a two car, attached garage. There shall be no front entry garages or more specifically, garage doors shall be positioned so as not to have an orientation generally toward the street. (P) Each dwelling shall have a paved driveway from the street to the garage entrance. The exact pavement type may include asphalt, concrete, aggregate materials, and/or brick, concrete, or stone pavers. The exact treatment shall be approved by the Planning Department. (P) Exposed surfaces of dwelling unit foundations shall be brick veneer or stone, or poured concrete with a brick or stone pattern. (P) The minimum front yard setback for dwelling units shall be fifty (50) feet, provided, however, this minimum setback shall be increased where necessary to obtain the required lot width at the front building line. (P) (Note: Except as noted herein, all other requirements of the Residential (R 15) District shall be applicable.) The owner/developer shall notify, in writing, of the submission of subdivision plans to Chesterfield County, Mr. A1 Ventola or Mr. Charles Kramer, and Mr. Jeffrey 11/23/99 99 894 Keegan, if they are still residents of Stonehenge, and the last known president or representative on file with the Chesterfield County Planning Department for the Stonehenge Civic Association. Such notification shall occur no later than twenty one (21) days prior to approval or disapproval of the subdivision plan. The owner/developer shall provide a copy of the notification letter to the Planning Department. (P) 12. The only access to this property shall be from Blakeston Court. (T) 13. Cul de sacs shall have a minimum fifty (50) foot radius. (T) 14. A twenty five (25) foot tree preservation strip shall be maintained along the perimeter of the property. Except when necessary to provide access and utilities which run generally perpendicular through this strip, all trees six (6) inches in caliper or greater located within the preservation strip shall be retained except that dead, diseased or dying trees six (6) inches or greater in caliper may be removed. This tree preservation area shall be exclusive of easements. (P) 15. Prior to, or in conjunction with, recordation of a subdivision plat, the following restrictive covenants shall be recorded, except that references to Stonehenge, Section I may be changed to reference the name of this development and the composition of the Architectural Committee may be modified, as set forth in the Restrictive Covenants, provided, however that the committee shall initially be Mark Anderson and his designee, and a resident of Stonehenge, Sections C or J and a resident of Stonehenge, Section I. Further, these restrictive covenants shall not be changed or amended without an amendment to this zoning case. (P) RESTRICTIVE COVENANTS STONEHENGE 1. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height and an attached private garage for not more than 2. No building shall be erected, placed, or altered on any lot until the construction plans and specifications thereof and a plan showing the location thereof shall have been approved by the architectural committee hereinafter established as to quality and types of materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation. No fence or wall not constituting part of a building shall be erected, placed, or altered on any lot unless similarly approved. The approval aforesaid shall be as provided in paragraphs 9 and 10. 11/23/99 99 895 The ground floor area of the main structure, exclusive of one story open porches, breezeways, and garages, erected on any lot shall be not less than 1630 square feet for a one story dwelling or less than 1200 square feet for a dwelling of more than one story. No building shall be located on any lot nearer than 50 feet to the front lot line or nearer than 25 feet to any side street line. No dwelling shall be located on any lot nearer than 25 feet to the rear lot line. For the purpose of this paragraph, eaves, steps, carports, and open and/or screened porches shall not be considered as a part of a building. The building placed on corner lots shall be constructed to front on the street which has the greater building line setback unless, however, it is constructed to front on the side street in which event the building shall be constructed so as not to be nearer than 50 feet on the side street line. The architectural committee hereinafter referred to has the right and privilege to waive any violation of this restriction as to any then existing violations upon the vote of a majority of its members which waiver will be in writing directed to the owner of the lot upon which the violation occurred. Only one residence shall be erected or placed on a single lot, and no lot shall, after its original conveyance, be subdivided into smaller lots or parcels. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the plat. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as residence either temporarily or permanently. An architectural committee (herein called "Committee") is hereby established. The composition of the committee shall consist of four (4) members who initially shall be Mark Anderson and his designee, and at least one resident of Stonehenge, Section C or J, and one resident of Stonehenge, Section I. The representatives from Stonehenge, Sections C or J, and Section I shall be chosen or removed by a majority of the residents of Section C or J, and Section I, respectively. Upon death or resignation of any member who represents Stonehenge, Section C, J or I, his successor shall be chosen by residents of Stonehenge, Section C, J or I, and upon death or resignation of Mark Anderson and his designee, his/their successor(s) shall be chosen by them or their estates, and such successor shall thereupon succeed to all of his powers and duties. Neither the members nor any representative 11/23/99 99 896 1© 11 12 13 shall receive compensation for acting hereunder. The Committee's approval as required above shall be in writing and, in the absence of such written approval, construction plans, specifications, and location plans shall be considered as disapproved. Approval by the committee will have been obtained only upon the affirmative vote of a majority of the members except that no member of the Committee shall vote on any matter requiring its vote under these restrictions in which he has an interest either as builder, contractor, or owner. In the event of a tie vote, a deciding vote shall be cast by the chairman of the Architectural Review Committee of the Stonehenge Civic Association. No dwelling or garage, unless it is of a colonial architectural design, shall be erected on any lot by any builder or contractor (herein called '~contractor"), whether the lot be owned by the contractor or by someone else, unless the contractor shall have theretofore received the approval of the Committee and such approval shall not have been theretofore withdrawn. Any contractor shall before commencing the erection of any building in this subdivision, unless it is of a colonial architectural design, obtain the written approval of the Committee and shall to that and furnish to it such statements, information, and references as it may request. Any approval so given may be withdrawn at any time by the Committee by written notice received by the contractor, but such withdrawal shall not prevent the contractor's completing the erection of any building commenced before his receipt of such notice. Each and every covenant and condition herein imposed may be enforced by the undersigned or by the owner of any lot provided, further, a lot owner in Stonehenge, Sections C, J or I may enforce paragraphs 9, 10 and 11 above, by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and/or to recover damages therefor. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, and one sign of not more than five square feet by a builder to advertise the property during the construction and sales period. No animals, livestock, or poultry or any kind shall be raised, bred, or kept on any lot except that dogs, cats, or other household pets may be kept therein if they are not kept, bred, or maintained for any commercial purpose. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. No rubbish, trash, garbage, and other waste shall be kept 11/23/99 99 897 on any lot except in sanitary containers, and all incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 16 No individual sewage disposal system shall be permitted on any lot unless such system is designed, located, and constructed in accordance with the requirements, standards, and recommendations of the proper state or local or public health authority. Approval of such system as installed must be obtained from such authority. 17 Invalidation of any of these covenants or conditions by court adjudication or otherwise shall in no wise modify, affect, or invalidate any of the other covenants and conditions herein contained, which shall remain in full force and effect. 18 The covenants and conditions herein contained shall run with the land and shall be binding upon the subsequent owner or owners of each and every lot and each and every other portion of the land shown on the plat and all parties claiming through or under each such owner or owners for the period of twenty five years from the date of the recordation hereof, after which period such covenants and conditions shall be automatically extended for successive periods of ten years each, subject to such modifications or changes from time to time as may be made by instruments in writing executed and acknowledged by the then owners of a majority of all the lots, including lots in Stonehenge, Sections C, J and I and recorded in said Clerk's Office provided, however, that, should an instrument executed and acknowledged by the then owners of a majority of all the lots be recorded in said Clerk's Office prior to the expiration of the said twenty five year period or prior to the expiration of any such ten year extension period revoking the said covenants and conditions, such revocation shall become operative at the end of the period in which such instrument was so recorded. Ayes: Daniel, Warren, Barber, Humphrey, and McHale. Nays: None. 11/23/99 99 898