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00SN0174-JAN24G.pdfJanuary 24, 2001 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0174 Douglas R. Sowers Matoaca Magisterial District West line of Hensley Road REOUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use Planned Development to permit use and bulk exceptions. PROPOSED LAND USE: A mixture of residential uses, to include single family, condominiums and cluster homes, along with recreational uses is planned. The applicant has agreed to limit development to a maximum of 959 units which would yield a density of approximately 2.2 dwelling units per acre. The proposed recreational uses are intended for use by residents of the development. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. AYES: MESSRS. GULLEY, CUNNINGHAM AND GECKER NAYS: MESSRS. MARSH AND LITTON Providing a FIRST CHOICE Community Through Excellence in Public Service. STAFF RECOMMENDATION Recommend approval subject to the applicant adequately addressing the impacts on capital facilities, consistent with the Board of Supervisors' policy and the orientation of garages in cluster developments. This recommendation is made for the following reasons: The proposed zoning and land uses comply with the Swift an which suggests the property is appropriate for single family residential use of 2.2 dwelling units per acre or less. The proposed zoning and land uses are representative of, and compatible with, existing and anticipated area development. The proffered conditions do not adequately 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 improvements is identified in the County's adopted Public Facilities Plan and FY 2001-2005 Capital Improvement Program and Thoroughfare Plan and the impact of this development is discussed herein. The proffered conditions do not adequately mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecfmg the health, safety and welfare of County citizens. The application fails to address special design features for garage doors facing roads in the cluster areas. These standards off-set the visual impact of dwelling units on lots smaller than 12,000 square feet. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER 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 The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicant. In the event this request is denied or approved with conditions not agreed to by the owners and applicant, the proffers shall immediately be null and void and of no further force or effect. 2 00SN0174/WP/JAN24G Master Plan. The Master Plan prepared by Balzer and Associates, Inc. dated February 16, 2000 and last revised July 13, 2000, and the Textual Statement dated October 18, 2000 shall be considered the Master Plan. (P) Public Utilities. The public water and wastewater systems shall be used. (U) Timbering. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from the Environmental Engineer'mg Department and the approved devices installed. (EE) Limitation of Number of Dwellings. The overall number of dwellings for the entire Property shall not exceed 959 units. (P) Land Donation. Prior to issuance of any building permit for the Property, Tract J, consisting of approximately 4.8 acres, and the property shown on Exhibit I attached hereto, consisting of approximately 425 acres, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (B&M) (Staff Note: It will be necessary to obtain Substantial Accord approval for any public facility developed on the site.) Transportation. Right-of-Way Dedication. In conjunction with recordation of the frrst subdivision plat or prior to any site plan approval, whichever occurs fn:st, the following rights of way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County: (i) forty-five (45) feet of right-of-way on the west side of Hensley Road, measured from the centerline of that part of Hensley Road immediately adjacent to the Property; (ii) a ninety (90) foot wide right of way for the north/south arterial from Hensley Road to the northern property line, as generally shown adjacent to Tracts A, I, F and J of the Master Plan ("Future Road"); and (iii) if the cul de sac of Hensley Road specified in paragraph 6(c)(iv) is to be located on Tract I, a forty-five (45) foot radius right of way for such cul de sac. 3 00SN0174/WP/JAN24G b.) c.) The exact location of the ninety (90) foot wide right of way and the cul-de- sac right of way shall be approved by the Transportation Department. Access. Unless otherwise approved by the Transportation Department, (i) No direct access, except for an emergency access, shall be provided from Tract H to Hensley Road; (ii) Direct access to Hensley Road and Future Road from Tracts A, B, C, and F, shall be limited to three (3) pubic roads. If Hensley Road is not reconstructed as a cul de sac as specified in paragraph 6(c)(iv), the relocation of that portion of Hensley Road shall also be permitted; (iii) No direct access from Tract I to Future Road shall be provided; (iv) No direct access, except for an emergency access, shall be provided from Tract D to Summerford Drive; and (v) Direct access to the proposed West Hensley Road from Tract H shall be limited to one (1) public road. This condition shall not preclude access to West Hensley Road through adjacent properties. The exact location of all accesses shall be approved by the Transportation Department. Construction. To provide an adequate roadway system, the developer shall be responsible for the following: (i) Construction of two (2) lanes of Furore Road from Hensley Road to the northern boundary of Tract J. Such road shall be constructed to VDOT urban arterial standards (40 MPH), except that, at the request of the developer, the Transportation Department may approve modifications to such standards; (ii) Reconstruction of Hensley Road to provide a twenty-two (22) foot wide pavement section with six (6) foot wide shoulder from proposed West Hensley Road to Future Road; (iii) Construction of additional pavement along Hensley Road and Future Road at each approved access, to provide separate left and right turn lanes, if warranted based on Transportation Deparunent standards; 4 00SN0174/WP/JAN24G (iv) Construction of a cul de sac of Hensley Road between Spring Run Road and Furore Road in the general vicinity of future road, as required by the Transportation Department; provided that the exact location of such cul de sac shall be approved by the Transportation Department. If the Virginia Department of Transportation does not approve construction of a cul de sac of Hensley Road and abandonment/vacation of the necessary right of way, the requirements of this subparagraph and the dedication requirement contained in paragraph 6(a)(iii) shall be null and void, and Hensley Road shall be relocated to intersect with Future Road, including separate left and right turn lanes along Future Road, if warranted based on Transportation Department standards; (v) Construction of additional pavement along West Hensley Road at the approved access to Tract H to provide separate left and right turn lanes, if warranted based on Transportation Department standards; and (vi) Dedication to and for Chesterfield County, free and unrestricted, of any right-of-way (or easements) required for the transportation improvements specified herein. In the event the developer is unable to acquire the off-site right-of-way not included in this zoning case that is necessary for any improvement described in paragraph 6(c)(ii), the developer may request, in writing, the County to acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the County chooses not to assist the developer in acquisition of the "off-site" right-of-way, the developer shall be relieved of the obligation to acquire the "off-site" right-of- way and shall provide the said road improvements within available right-of- way as determined by the Transportation Department. d.) Phasing Plan. Prior to approval of any site plan or tentative subdivision plat, whichever occurs first, a phasing plan for the required improvements specified in this proffered condition shall be submitted to and approved by the Transportation Department. The approved phasing plan shall require the construction of the road improvements identified in paragraphs 6(c)(i), (ii), and (iv) with the first development of the property. (T) Water Line Construction. If all necessary easements have been obtained, in conjunction with the development of Tract H, a twelve (12) inch water main shall be extended from Beach Road northeastwardly along Hensley Road to Brandy 5 00SN0174/WP/JAN24G Grove Court and then along the internal road network of the property connecting into the water lines of Summerford Subdivision along West Hensley Road. (U) Severance. The unenforceability, elimination, revision or amendment of any proffers set forth herein, in whole or in part, shall not affect the validity or enforceability of any of the other proffers or the unaffected part of any such proffer. (P) 9. Phasing of Development. A maximum of 100 subdivision lots and dwelling units may be recorded or receive site plan approval prior to January 1, 2001. A cumulative maximum of 200 subdivision lots and dwelling units may be recorded or receive site plan approval prior to January 1, 2002. A cumulative maximum of 300 subdivision lots and dwelling units may be recorded or receive site plan approval prior to January 1, 2003. A cumulative maxunum of 400 subdivision lots and dwelling or receive site plan approval prior to January 1, 2004. A cumulative maxtmum of 500 subdivision lots and dwelling or receive site plan approval prior to January 1, 2005. A cumulative maximum of 600 subdivision lots and dwelling or receive site plan approval prior to January 1, 2006. A cumulative maximum of 700 subdivision lots and dwelling or receive site plan approval prior to January 1, 2007. A cumulative maximum of 800 subdivision lots and dwelling or receive site plan approval prior to January 1, 2008. A cumulative maxnnum of 900 subdivision lots and dwelling or receive site plan approval prior to January 1, 2009. (P) units may be recorded units may be recorded units may be recorded units may be recorded units may be recorded units may be recorded 10. Cash Proffer. a.) Prior to the time of issuance of a building permit for each new dwelling unit in excess of 759 units, the applicant, subdivider, or its assignee, shall pay to the County of Chesterfield the following amounts for infrastructure improvements within the service district for the Property; i) if payment is made prior to July 1, 2001, $6498, to be allocated among the facility costs as follows: $2911 for schools, $2781 for roads, $413 for libraries, and $393 for fare stations; or ii) if payment is made after June 30, 2001, the amount approved by the Board of Supervisors, but not to exceed the $6498 per dwelling unit as adjusted upward by any increase in the Marshall and Swift 6 00SN0174/WP/JAN24G Building Cost Index between July 1, 2000 and July 1 of the fiscal year in which the payment is made, to be allocated pro-rata among the facility costs as specified in (a)(i); b.) Provided, however, that if any building permits issued on the property are for senior housing, the units of which meet the occupancy requirements for "age 55 or over" housing as set forth in section 3607 of the Fair Housing Act, 42 USC Section 3601 et seq., as amended by the Fair Housing Amendments Act of 1988, and of 24 CFR Section 100.304 in effect as of the date of the rezoning, and which are subject to the occupancy requirement that no person under 19 shall reside in such unit, the number of such senior housing units built to date shall be totaled, and the applicant, subdivider, or its assignee shall pay the following reduced amount on an equal number of permits for dwelling units, regardless of whether such units are age restricted, for any building permit issued for dwelling units begirmJng with the 760th unit: i) if payment is made prior to July 1, 2001, $3242, to be allocated among the facility costs as follows: $2514 for roads, $373 for libraries, and $355 for fire stations; or ii) if payment is made after June 30, 2001, the amount approved by the Board of Supervisors, but not to exceed the $3242 per dwelling unit as adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2000 and July 1 of the fiscal year in which the payment is made, to be allocated pro-rata among the facility costs as specified in (b)(i). c) If any of the cash proffers are not expended for the purpose designated by the Capital Improvements Program within fifteen (15) years from the date of payment, they shall be returned in full to the payor. Should Chesterfield County impose impact fees at any time during the life of the development that are applicable to the Property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B&M) GENERAL INFORMATION Location: Fronting in four (4) places on the west line of Hensley Road, north of Riverway Road. Tax ID 727-660-Part of 8598 and 729-661-5038 (Sheet 23). 7 00SN0174/WP/JAN24G Existing Zoning: A Size: 436 acres Existing Land Use: Vacant A~acent Zoning and Land Use: North - R-9 and A; Single family residential, public/semi-public (Spring Run Elementary School and Birkdale Golf Course) South - R-25 and A; Single family residential, public/semi-public (soccer fields) or vacant East - A; Single family residential or vacant West - A and R-12; Single family residential or vacant UTILITIES Public Water System: The existing public water system is located as follows: a twelve (12) inch line along Summerford Drive; a sixteen (16) inch line along West Hensley Road in Summerford Subdivision; a sixteen (16) inch line along Beach Road; and an eight (8) inch line along portions of Heasley Road. Use of the public system is recommended and has been proffered. (Proffered Condition 2) The request site falls within both the Swift Creek and Physic Hill pressure zones. Water extensions are required from both zones to provide adequate fire and domestic services for the request site. The owner/developer of this property should coordinate the design of water lines with the developers of Summerford and Brandy Oaks Subdivisions to provide proper service. Them may be some lots within this development that will require individual booster pumps. Due to the complexity of the public water system in this area, the Utilities Department will be requiring the submission of an overall water and wastewater system plan for this development, as outlined in the County's Water and Sewer Specifications and Procedures. The overall water and wastewater system plan is to be submitted in conjunction with the first tentative, site or construction plan submission for the development, and is to be approved prior to any other plan approval for the development. The overall water system plan must address optimization and development phasing to insure the ability to meet fire and domestic demands. The following improvements will be 8 00SN0174/WP/JAN24G Public required of the owner/developer, in conjunction with tentative approval, and are to be incorporated into the overall plan: A twelve (12) inch water main along any extension of Summerford Drive or along the southern boundary of Tracts A, G, E and D through the request site, connecting to the future sixteen (16) inch water line in Brandy Oaks Subdivision at the future Brandy Oaks Boulevard and Hensley Road intersection. A sixteen (16) inch water main from the future intersection of West Hensley and Hensley Roads, extending northeastwardly along Hensley Road and through Tract C of the request site and connecting to the existing eight (8) inch water line or the future sixteen (16) inch water line at Brandycrest Drive and Hensley Road. Depending upon the specific development layout for Tract A, the Utilities Department may require that a portion of the on-site water system incorporate a sixteen (16) inch water main, extending from the future Summerford Drive Extended to the northeast corner of Tract A. Should property east of Hensley Road be zoned and/or developed in advance of Tract A, a sixteen (16) inch water main extension along Hensley Road will be required as part of that development, thereby negating the necessity of the larger line through Tract A. Construction of loop water line connections through the Brandy Oaks and Summerford developments must be completed to achieve proper fire and domestic services. An additional water main needed by the proposed development will be a connection between Beach Road and a future water main along West Hensley Road. The applicant has agreed to route this main along Hensley Road such that the public water system will be made directly available to existing homes on Hensley Road (Proffered Condition 7). The Utilities Department has agreed to obtain the necessary temporary and permanent easements along Hensley Road to facilitate the construction of this main. Wastewater System: The public wastewater system is located in the adjacent Birkdale Subdivision where an existing fifteen (15) inch trunk line is located approximately 1850 feet north of the request site; and an existing twelve (12) inch wastewater line is located in Summerford - Section A, approximately 900 feet north of the request site. Extension of both trunks will be necessary to develop the request site. Use of the public wastewater system has been proffered. (Proffered Condition 2) The Utilities Department will be requiring the submission of an overall water and wastewater plan for this development, as called for in the County's Water and Sewer 9 00SN0174/WP/JAN24G Specifications and Procedures. The overall water and wastewater plan is to be submitted in conjunction with the first tentative, site or construction plan for the development, and is to be approved prior to any other plan approval for the development. This plan is to address service to that portion of Tract H which does not naturally drain towards Birkdale and Summerford Subdivisions. E V Drainage and Erosion: The property drains in two (2) directions. The area to the northeast will drain directly into Birkdale Lake. The area to the southwest will drain to the north through the existing Summerford pond prior to entering Birkdale Lake. There are no known on- or off-site drainage or erosion problems. The majority of the parcel is heavily forested and timbering should not occur until a land disturbance permit has been obtained and the approved devices have been installed. This will insure that proper erosion conU:ol measurements are in place prior to any land disturbance. (Proffered Condition 3) Road Names: At the appropriate time, the alignment of North Hensley Road through this development will require, the renaming of a large portion of existing Hensley Road. Water Quality: There are some stormwater management and water quality concerns with development of this property. However, the modification of the proposed second lake in Summerford and on a part of the subject property as shown on the master plan will be sufficient in size to handle the water quantity and quality concerns from development of this property and the remaining area proposed for expansion of the Summerford development. PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the Public Facilities Plan, the ~ and the FY 2001-2005 Capital Improvement Program and is further detailed by specific departments in the applicable sections of this analysis. 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. Six (6) new frre/rescue stations are recommended for 10 00SN0174/WP/JAN24G construction by 2015 in the ~Plan. Based on 959 dwelling un/ts, this request will generate approximately 142 emergency calls for frre and rescue services per year. This proposal does not address the impact of this development on fire and rescue services. This property is currently served by the Clover Hill Fire/Rescue Station, Company Number 7 and Manchester Rescue Squad. However, it is located within the proposed service area for the new Winterpock/Beach Road Fire/Rescue Station planned for completion in 2002 and proposed to be located south of the request property and south of Hensley Road. When the property is developed, the number of hydrants and quantity of water needed for fire protection will be evaluated during the plans review process. To satisfy the requirement of the Subdivision Ordinance, when the cumulative total of dwellings located on individual lots exceeds fifty (50) and/or when the number of dwellings on individual lots in any section, phases, etc. exceeds fifty (50), a second public access road to all units must be provided unless an exception to the requirement is granted through the tentative subdivision review process. The purpose of this requirement is to provide emergency vehicles access to all units should an entrance become blocked. The Zoning Ordinance addresses provision of a second means of access for more than fifty (50) dwelling units for condominium or multi-family units if the property were zoned R- MF. The Textual Statement proposes, in lieu of the typical requirements for a public/private second road access, a controlled access road to be used by vehicles in emergency situations only be allowed. The Fire Department supports this type of second access as long as the design and construction of the road is sufficient to support fire/emergency vehicles; is of sufficient width to accommodate vehicles in an emergency situation (normally, twenty-four (24) feet in width); and acceptable provisions are made to ensure adequate maintenance of the access road and associated gates and/or other devices used to control non-emergency vehicle movement. The location and design of second accesses will be evaluated and approved during the site or subdivision plans review process. Schools: Approximately 537 students will be generated by this development. The site lies in the Spring Run Elementary School attendance zone: capacity - 900, enrollment - 873; Bailey Bridge Middle School zone: capacity - 1,200, enrollment - 1,524; and Clover Hill High School zone: capacity - 1,700, enrollment - 1,822. There are currently ten (10) trailers at Bailey Bridge Middle and eight (8) trailers at Clover Hill High. These schools are expected to continue experiencing significant overcrowding. The school division will continue to monitor enrollment growth and explore alternatives for overcrowding relief for these schools. 11 00SN0174/WP/JAN24G This request will have an impact on area schools. The developer has proffered a school site as part of this application (Proffered Condition 5). The details for the dedicated site are discussed under the "Land Dedication" section of this analysis. In general, while a portion of the 425 acre tract is viable for use as an elementary or middle school site sometime in the future, such a site does not fully mitigate the impact on school capital facilities. 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 Facilities Plan identifies a need for additional library space throughout the County. Taking into account the additional space provided by the two (2) currently funded projects, the new La Prade 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 a direct impact on the Clover Hill Library or on a new proposed branch identified in the Public Facilities Plan in the vicinity of Beach and Qualla Roads by 2015. Libraries evaluated the possible use of some of the 425 acre land dedication tract and determined that the site would not satisfy their service needs (See "Land Dedication" section of this analysis). This proposal does not address the impact on library capital facilities. P rk andRece~ ' : The ~ identifies the need for two (2) new regional parks in the County by 2015. The applicant has offered measures to assist in addressing the impact of this proposed development on parks and recreation facilities. The applicant has offered to dedicate 425 acres for public use. The details for the 425 acres is discussed in the "Land Dedication" section of this analysis. In general, the 425 acres conforms with the Public Facilities Plan recommendation for a southern Pocahontas Regional Park. In addition to 425 acres, the applicant has offered to dedicate 4.8 acres within the boundaries of the request site (Tract J on the Master Plan) and adjacent to Spring Run Elementary School. This tract is critical in relieving overcrowded youth sports facilities at Spring Run Elementary School. The proposed dedications satisfy the impact on parks and recreational capital facilities. Transportation: The applicant has proffered a maximum density of 959 dwelling units (Proffered Condition 4). This development will be a major traffic generator in the County. As a comparison of 12 00SN0174/WP/JAN24G the density, Deer Run Subdivision has approximately 1,010 dwelling units; Queensmill has approximately 460 dwelling units; Salisbury has approximately 1,250 dwelling units; Smoketree has approximately 610 dwelling units; and Walton Park has approximately 820 dwelling units. Based on single family trip rates, the proposed development of 959 dwelling units could generate approximately 8,300 average daily trips. These vehicles will be distributed along Hensley Road. The traffic generated by the development will be over four times greater than the 1999 traffic count of 1,950 vehicles per day on Hensley Road. The applicant has proffered some right of way dedications, certain road improvements and contribution of some cash towards road improvements. However, these commitments will not adequately address the impact of the proposed development on area roads. Existing roads have narrow pavement width, little or no shoulders, and poor vertical and horizontal alignments. Unless there are some other commitments to improve these roads to address the impact, staff cannot support this request. The Thoroughfare Plan identifies Hensley 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 Hensley Road, in accordance with that Plan.. (Proffered Condition 6.a.i.) The Thoroughfare Plan also identifies a nortlffsouth major arterial ("Future Road"), with a recommended right of way width of ninety (90) feet, extending from Spring Run Road to Hensley Road. Spring Run Elementary School is located north of the subject property. In conjunction with development of the elementary school, a ninety (90) foot wide right of way was recorded for Future Road between Spring Run Road and the northern boundary of the subject property. The applicant has proffered to dedicate a ninety (90) foot wide right of way for Future Road from the northern boundary of the subject property to Hensley Road. (Proffered Condition 6.a.ii.) The proposed Master Plan subdivides the property into ten (10) tracts; Tracts A, B, C, D, E, F, G, H, I and J. West of the property is Summerford Subdivision. In conjunction with recordation of the next section of Summerford an east/west major arterial (West Hensley Road) will be extended from its current terminus to Hensley Road, generally intersecting Hensley Road between Tracts C and H of the subject property. The Thoroughfare Plan identifies West Hensley Road as a major arterial. Access to major arterials, such as Hensley Road, West Hensley Road and Future Road, should be controlled. The applicant has proffered that: 1) no direct access, except for an emergency access, shall be provided from Tract H to Hensley Road; 2) direct access from Tracts A, B, C and F to Hensley Road and Future Road will be limited to three (3) public roads; 3) no direct access will be provided from Tract I to Future Road; and 4) direct access from Tract H to the proposed West Hensley Road shall be limited to one (1) public 13 00SN0174/WP/JAN24G road (Proffered Condition 6.b.). In recording Summerford Subdivision, a stub road right of way (Summerford Drive) was provided to the property (ie, Tract D). Proffered Condition 6.b. also states that no direct access, except for an emergency access, will be provided from Tract D to Summerford Drive. Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to: 1) construct two (2) lanes of Future Road from Hensley Road to the northern boundary of the property; and 2) construct additional pavement along Hensley Road, Future Road and West Hensley Road at each approved access to provide separate left and right mm lanes, based on Transportation Department standards (Proffered Condition 6.c.i.,iii. and v.) As previously noted, Future Road extends along the Spring Run Elementary School parcel. In conjunction with development of the elementary school, only part of Future Road within the school parcel was constructed. School Administration has provided the owner of the subject property with a letter committing to begin construction of Future Road from its current terminus on the school site to the northern boundary of the subject property, at such time the developer begins construction of the section of Future Road on the subject property. There are approximately forty-five (45) lots that front the section of Hensley Road between Future Road and Spring Run Road. Several property owners of parcels that front this section of Hensley Road attended public meetings on this zoning request. Many of those property owners requested that the developer construct a cul-de-sac on Hensley Road so that traffic generated by the development would be distributed along Future Road instead of along their section of Hensley Road. In order to eliminate an intersection that is poorly aligned, the cul-de-sac should be constructed at the northern end of Hensley Road at its intersection with Spring Run Road. The residents have requested that the cul-de-sac be constructed on the section of Hensley Road near Furore Road. The developer has proffered to construct a cul-de-sac on Hensley Road between Spring Run Road and Future Road, in the general vicinity of Future Road (Proffered Condition 6.c.iv.). The Virginia Depaximent of Transportation (VDOT) must approve the construction of the cul-de-sac on Hensley Road. If the cul-de-sac is not approved by VDOT, the developer will be relieved of the obligation to construct this improvement and dedicate the required right of way. The developer will instead be required to realign Hensley Road at its intersection with Future Road and provide turn lanes along Future Road at that intersection. The Thoroughfare Plan identifies the need to improve existing roads, as well as construct new roads to accommodate growth. Area roads within the traffic shed established as part of the Cash Proffer Policy (see attached map), such as Hensley Road, Bailey Bridge Road, Spring Run Road, Beach Road and Qualla Road, have narrow pavement, minimal shoulders and poor vertical and horizontal alignments. Area roads need to be improved to address safety and accommodate the significant increase in traffic generated by this development. 14 00SN0174/WP/JAN24G The increase in traffic generated by this development will significantly increase the need for transportation improvements in this area. Included in the Six Year Secondary Road Improvement Plan are four (4) projects to improve roads in this area. These projects will: 1) improve two (2) substandard curves on Spring Run Road (anticipated to begin construction in Fall 2005); 2) realign Hensley Road at its intersection with Spring Run Road (anticipated to begin construction in Fall 2004); 3) reconstruct Bailey Bridge Road from Claypoint Road to Manchester High School (anticipated to begin in Fall 2003); and 4) reconstruct Bailey Bridge Road from Manchester High School to Spring Run Road (anticipated to begin in Fall 2005). Based on State funding forecasts, these projects could be substantially delayed. The applicant has proffered to widen Hensley Road to a twenty-two (22) foot wide typical section from West Hensley Road to Future Road (Proffered Condition 6.c.ii.). The applicant has proffered to dedicate any right of way required for this road improvement. The subject property fronts this entke section of Hensley Road except for two (2) adjacent parcels. In order to widen this roadway, some "off-site" right of way may need to be acquired from those two (2) existing parcels. According to the proffer, if the developer is unable to acquire the right of way, the developer may request the County to acquire the right of way as a public road improvement. All costs associated with the acquisition will be borne by the developer. If the County chooses not to assist with the right of way acquisition, the developer will not be obligated to acquire the right of way, and will only be required to construct road improvements within available right of way. The applicant has proffered that in conjunction with the first development of the property, he will construct the two (2) lanes of Future Road, construct the cul-de-sac on Hensley Road if approved by VDOT, and widen Hensley Road (Proffered Condition 6.d.). The applicant has also proffered to contribute cash for road improvements for each dwelling unit developed in excess of 759 units (Proffered Condition 10). Under this cash proffer, the developer wilt be allowed to construct 759 units, generating approximately 6,690 average daily trips, without adequately addressing this traffic impact. Providing the cash contribution for the last 200 lots developed on the property, will still not address the traffic impact of this major development. Without the applicant fully addressing the anticipated traffic impact on area roads, the Transportation Department cannot support this request. 15 00SN0174/WP/JAN24G Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 959* 1.00 Population Increase 2656.43 2.77 Number of New Students Elementary 258.93 0.27 Middle 124.67 0.13 High 153.44 0.16 TOTAL 537.04 0.56 Net Cost for Schools 3,180,044 3,316 Net Cost for Parks 674,177 703 Net Cost for Libraries 270,438 282 Net Cost for Fire Stations : 257,012 268 Average Net Cost for Roads 1,963,073 2,047 I TOTAL NET COST [ 6,344,744 6,616 *Based on proffered number of units, (Proffered Condition 4) As noted, this development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $6,616 per unit. The applicant has been advised that a maxflnum proffer of $6,498 per unit would defray the cost of the capital facilities necessitated by this proposed development. Circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it would be appropriate to accept the maximum cash proffer in this case. The applicant has proffered the dedication of land, cash, and improvements to assist in defraying the cost of this proposed development on such capital facilities. The proffered dedication of land consists of approximately 430 acres (Proffered Condition 5). The dedication is not part of the subject tract, but is in close proximity and generally shares the same service districts of the subject tract. Accordingly, the proffered dedication can be accepted should the County choose to do so. The applicant has proffered cash in the amount of $6,498 per dwelling unit for those units developed in excess of 759 units, provided however, for senior housing units, the applicant has proffered an amount reduced for school capital facilities (Proffered Condition 10). In addition, the applicant has proffered transportation improvements that mitigate, in part, transportation impact generated by this request (see the Transportation section of the Request Analysis). 16 00SN0174/WP/JAN24G The applicant has proffered $6,498 for each dwelling unit developed in excess of 759 units. For age restricted units the applicant has proffered $3,242, an amount reduced for school capital facilities. In addition, the proffer for age restricted units would allow the applicant to pay the reduced amount for any unit in excess of 759 units, regardless of age restrictions or not, provided an equivalent number of age restricted units have been built as part of the first 759 units. Under this scenario, for those units in excess of 759 units, the applicant could pay an age-restricted mount on a non-age-restricted unit provided an age-restricted unit was part of the first 759 units developed (Proffered Condition 10). Under this scenario the proffer is further from off-setting the impact of the development than if the higher amount were to be paid thereby adversely impacting the ability to provide the necessary capital facilities. A credit for the land has been considered based on methodologies that have been used in the past. This resulted in a credit per acre of approximately twice that of the assessed value. The credit was calculated only for those capital facilities for which the land could be utilized and only to the extent those facilities are impacted. In this case, that is the Park and Recreation an Schools capital facilities. The Planning Commission or Board of Supervisors could choose to recognize an alternative land valuation method should it f'md that unique circumstances justify this approach. Valuation of the land could be determined using methods other than those recognized in the County's policy. For example, an alternative may include using current appraisals. However, based on the valuation approach in accordance with the policy, these proffers do not fully address the impacts resulting from the proposed development. The opportunities afforded by the proffered land dedication are further described in the Park and Recreation and Schools section of this request analysis. A comparative summary table of land value credits has been provided in this analysis. The table illustrates the range of credits based on certain valuation assumptions, and compares them to the assessed fair market value (County Assessment records) of the proposed dedicated site. Staff's methodology, in accordance with the County's policy, is highlighted. Comparative Summary of Credits "Valuation" Scenarios S/Acre Acreage Total Fair Market Land Value Assessment $1,773 (per tax records) R-88 (undeveloped) $3,000 Calculated Land Credit (Policy) $3,897 "Applicant' s" $11,475 429.8 $762,035 429.8 $1,289,400 429.8 $1,674,930 429.8 $4,931,980 The applicant's scenario above is arrived at by converting the calculated impact generated by this request into a per acre equivalent value. 17 00SN0174/WP/IAN24G Based on the cash proffer policy, staff concludes that the proffered conditions fall significantly short of fully offsetting the impact of the development, thereby, adversely impacting the ability to provide the necessary capital facilities. However, the policy does allow the Planning Commission and the Board of Supervisors to consider unique circumstances relative to this development and conclude that the proffered conditions do fully offset the impact of the development. LAND DEDICATION The applicant has proffered to dedicate a total of 429.8 acres to assist in defraying the cost of the proposed development on pubic facilities. The fzrst tract proposed for dedication is within the boundaries of the request property. That tract, identified as Tract J on the Master Plan, lies adjacent to Spring Run Elementary School. This 4.8 acre tract is proposed for use by Parks and Recreation. Since that tract is located within the boundaries of the request site, it is analyzed with respect to land use, transportation, utilities, etc., in the appropriate sections of this analysis. The second tract proposed for dedication consists of approxLmately 425 acres and is shown on Exhibit I, attached hereto. This tract fronts the south line of Beach Road, west of Carters Way Boulevard, and the north line of Riverway Road west of River Road. Tax IDs 728-644-4490, 728- 645-4455, 728-6464250, 728-647-0074, 729-644-5776, 729-645-1275, 729-651- Part of 4456, 730-644-7369 and Part of 2613, 730-645-1060 and 738-643-7116, (Sheets 23, 24 31 and 32). Following is an analysis of the 425 acre tract with respect to utilities, environmental engineering, transportation, etc. Utilities: Public Water System: There is an existing sixteen (16) inch water line along Beach Road, adjacent to the proposed 425 acre dedication site. Also, there are existing eight (8) inch water lines in Carters Way and Carters Valley Roads, east of the proposed dedication site. Depending upon future development plans for the site, an interconnection between the sixteen (16) inch and eight (8) inch lines may be necessary to meet fn:e flow demands. Public Wastewater System: The public wastewater system is not available to the 425 acre dedication site. Providing public wastewater service to this property would require extensive construction of new trunk lines and several pumping stations and force mains through sparsely developed areas. Extension of wastewater lines to this area would necessitate the upgrading of existing wastewater facilities extending all the way to the Proctors Creek Wastewater Treatment 18 00SN0174/WP/JAN24G Plant. Preliminary cost estimates for these improvements are in the millions of dollars. Private Septic System: The School Board administration has advised that if sewer is not available at such time as a school is to be constructed on the 425 acre dedication site, a package plant would be installed to serve the wastewater needs. A package plant requires approval of the plans by the State Health Department and of a discharge permit from the State Department of Environmental Quality. Environmental: Drainage and Erosion: The 425 acre property proposed for dedication is divided by Second Branch Creek, a perennial stream subject to a 100 foot conservation area along both sides of the wetlands. If the pond located on the southern part of the property is to remain, it will need to be analyzed based on criteria in the Engineers' Reference Manual. This will involve, but not be limited to, the structural integrity of the dam and proper sizing of the primary and emergency spillway. Second Branch Creek from the subject property to Second Branch Road is adjacent to two (2) new subdivisions through which the floodplains have been calculated and the homes constructed outside the 100 year floodplain or the RPA. A home located in the southeast quadrant of the intersection of Second Branch Road and Second Branch Creek has experienced water coming extremely close to the basement when water topped Second Branch Road. The developer of Carters Mill East is analyzing the floodplain and the culverts under Second Branch Road and will work with VDOT to protect Second Branch Road from flooding based on a 10 year storm. If the study indicates that upon full development the 100 year storm will cause the water to come closer than the current twenty-five (25) feet, Environmental Engineering will recommend that the water be properly stored and released to provide the maximum protection practicable for the home. 19 00SN0174/WP/JAN24G PUBLIC FACILITIES: Fire Service: The proposed 425 acre tract dedication will not address the impact on fire services. Schools: Within the boundaries of the 425 acre land dedication, the School Administration has indicated land could be used for a future elementary or middle school. Although a school sim in this area is not identified in the current ~. It should be noted that the Public Facilities Plan is currently being revised. It is anticipated that additional school sims will be needed in this region of the County over the next five (5) to fifteen (15) years. The School Division supports acceptance of the 425 acre tract, some of which could be used for public school facilities. It should be noted, however, that the site to be used for public schools does not adequately address the impact on school capital facilities. Libraries: The Public Facilities Plan identifies a need for a new library by the year 2015 in the vicinity of Beach and Qualla Roads, approximately two (2) miles east of the 425 acre tract. The 425 acre tract does not meet the service needs for this proposed library. Therefore, the proposed 425 acre dedication does not address the impact on library services. Parks and Recreation: The proffered site conforms to the Public Facilities Plan which recommends a regional park in this area. The site is larger than the 200-350 acres envisioned for the regional park and would offer opportunities for a school sim or more extensive recreational/conservation opportunities. A pond in the southeastern corner of the property offers opportunities for fishing and light boating. Logging operations in portions of the property have in the short term diminished some forest values for recreation. Construction of a north/south collector road through the 425 acre tract will be expensive. Such collector road would provide access to Beach Road. The natural amenities of the site would be easily accessible via Riverway Road. 20 00SN0174/WP/JAN24G The site more than meets the Parks and Recreation Department's criteria for a regional park. Proximity to both Riverway and Beach Roads will allow easy access from a wide area of the County. The addition of a fishing pond will create additional opportunities for resource-based activities. Transportation: Acceptance of this land dedication will not include approval of a specific use of the property. No specific information has been provided to estimate the anticipated traffic generation from development of the property. Representatives of School Administration and the Parks and Recreation Department have expressed interest in the land dedication. Based on regional park, middle school trip generation, development of the property could generate approximately 3,870 average daily trips. These vehicles will be distributed along Beach Road which had a 1999 traffic count of 1,621 vehicles per day and along Riverway Road which had a 2000 traffic count of 919 vehicles per day. The property extends from Beach Road to Riverway Road. The Thoroughfare Plan identifies Beach and Riverway Roads as major arterials with recommended right of way widths of ninety (90) feet. The Thoroughfare Plan also identifies a north]south major arterial, with a recommended right of way width of ninety (90) feet, from Beach Road at its intersection with Brandy Oaks Boulevard, south through the property to Riverway Road at its intersection with Walkes Quarter Road. Area roads, such as Beach, Riverway and River Roads, have narrow pavement, minimal shoulders and poor vertical and horizontal alignments. These roadways need to be improved to address safety and accommodate the significant increase in traffic generated by these potential developments. The only road improvement in this area that is included in the Six-Year Secondary_ Road Irnpr0vement Plan is a project to realign Riverway Road at its intersection with Beach Road (anticipated to begin construction in Spring 2004). Based on State funding forecasts, this project could be substantially delayed. Depending on actual traffic generation and distribution, development of the property may need to include reconstruction of substandard section(s) of the road network in this area. In addition, and in conjunction with any development of the property, the following should be provided: 1) right of way dedication in accordance with the ~ along Beach and Riverway Roads; 2) relocation of the ditch to provide an adequate shoulder and construction of turn lanes based on Transportation Department 21 00SN0174/WP/JAN24G standards along Beach and Riverway Roads; and 3) construction of two (2) lanes of the north/south arterial through the entire property boundary. In order to provide adequate traffic distribution, it may be necessary to construct the entire north/south arterial from Beach Road to Riverway Road. This improvement would require the acquisition of "off-site" right of way. At time of substantial accord determination for any facility proposed on the property, specific recommendations will be provided regarding right of way dedication, access and required road improvements. Substantial Accord: Normally, the boundaries of a land dedication proffer would be encompassed in the boundaries of the rezordng request. Because this site is not, staff is unable to address the specifics of design elements such as setbacks, buffers, architectural style, etc. Therefore, based upon State law requirements for public facilities, if this proffer of dedication is accepted, it will be necessary to obtain substantial accord approval for any public facility developed on the site. Land Use: Comprehensive Plan: The 425 acre land dedication lies within the boundaries of the Southern and Western Area Plan which suggests the property is appropriate for rural conservation use (Green Area). The Plan suggests development in this area should be deferred for twenty (20) years unless provisions are made earlier for supporting public facilities to include public utilities. One of the goals of the Plan is to provide adequate public services and facilities concurrent with development. Area Development Trends: Adjacent property to the north and a portion of adjacent property to the east is zoned Residential (R-25) and consists of single family residences in Brandy Oaks and Carters Mill Subdivisions or remains vacant. The remainder of adjacent property is zoned Agricultural (A) and consists of single family residences or remains vacant. Based upon the recommendations of the Plan, development in this area is not appropriate until adequate public facilities are available. As previously noted, the 425 acres to be dedicated lies within the boundaries of the rural conservation 22 00SN0174/WP/JAN24G area of the Southern and Western Area Pla~l.. This land is located within and on the northern edge of the "green area". Ultimate development for school and park use could stimulate residential growth within the surrounding deferred growth area. It should be noted that the boundaries of the proposed 425 acre dedication do not include all of the property which the applicant controls adjacent to Carters Mill Subdivision. Staff estimates that approximately fifty-five (55) acres of property will remain between the land dedication and Carters Mill Subdivision. This fifty-five (55) acres lies within the boundaries of the Southern and Western Area Plan which suggests rural conservation use. It is anticipated that if the land dedication proposal is accepted, there will be pressure to zone the fifty-five (55) acres for residential use. LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for single family residential use of 2.2 dwelling units per acre or less. Area Development Trends: The area is characterized by single family residential development in Fawn Creek, Brandy Oaks and Summerford Subdivisions and acreage parcels and public/semi-public uses consisting of Spring Run Elementary School, Birkdale Golf Course and the Midlothian Youth Soccer League soccer complex. The Upper Swift Creek Plan anticipates residential development continuing north of Beach Road. South of Beach Road lies within the boundaries of the Southern and Western Area Plan which suggests that development be delayed until such time as adequate public facilities are available. Site Design: The master plan divides the property into several tracts of land (Textual Statement (A. 1.)). A total of 959 units are proposed within the development (Proffered Condition 4). Tracts A, E and F are proposed for development of cluster homes, condominiums and/or single family residential uses, all of which are discussed in further detail herein. Each tract could be developed for one or more of these uses. If any individual tract is developed for two (2) or more dwelling types, the Textual Statement requires submission of a conceptual plan to either the Planning Commission or Planning Department for approval. At the time of review of a conceptual plan, conditions may be imposed to insure land use compatibility and transition. (Textual Statement, A.3.) 23 00SN0174/WP/JAN24G Tract J, consisting of 4.8 acres, is located adjacent to Spring Run Elementary School. The applicant has proffered to dedicate Tract J to the County (Proffered Condition 5). Parks and Recreation intends to utilize this acreage in conjunction with facilities at the school for recreational purposes. Tract G could be developed for single family residential uses conforming, at a minimum, to Residential (R-12) requirements. Tract G could also be developed for recreational uses to serve the overall project. (Textual Statement B. 1.o) and B.2.j)) The remaining tracts (Tracts B, C, D, H and I) are proposed for single family residential uses meeting, at a minimmn, Residential (R-12) requirements. (Textual Statement B.3.) As previously noted, several dwelling types are proposed. Where common areas are to be provided within the development, the Textual Statement requires that the ownership and maintenance responsibilities be established. (Textual Statement A.2.) Condominiums: (Tracts A, E and F) For any condominium development, to include any part of a tract developed for such, density would be limited to six (6) units per acre and would be regulated by the Virginia Condominium Act. (Textual Statement B. 1 .b) and c)) The number of dwelling units in individual buildings within Tract E would be limited to four (4) and in Tracts A and F, a maximum often (10) (Textual Statement B.l.a)). Other restrictions address building height, architectural treatment, setbacks, provisions of sidewalks, emergency access, buffers, recreational facilities, provision of a focal point as one enters the project, buffers, provisions of street trees and garage orientation. (Textual Statement B. 1.) The requirements offered for condominium projects are consistent with those typically required by the Commission and Board on similar projects recently approved with one (1) exception. In most instances, in higher density residential developments, any best management practice facility (BMP) has been required to be designed as an amenity. The Textual Statement and proffers do not address such requirement. Cluster Homes: (Tracts A, E and F) Cluster homes are proposed to be developed on individual lots having a minimum of 6,000 square feet. The density for any cluster development, to include any part of a tract developed for such uses, would be limited to six (6) units per acre. Other restrictions include architectural treatment, setbacks, provision of sidewalks, buffers, recreational 24 00SN0174/WP/JAN24G facilities, provision of a focal point as one enters the project, landscaping, provision of street trees, paved driveways and garage orientation. (Textual Statement B.2.) With two (2) exceptions, requirements offered for cluster projects are consistent with those typically required by the Commission and Board on similar recently approved projects. The provisions fail to address BMPs as amenities (see discussion under Condominiums); and fail to sufficiently minimize the number of garage doors oriented to roads. With respect to garages in cluster development, the Textual Statement would allow forty (40) pement of the units to have front entry garages (Textual Statement, B.2.k)). This limitation could address concerns relative to the visual impact of garage doors facing the street, if additional standards which address a special design elements such as special setbacks, the number of units, adjacent to each other having garages facing the street, etc. were also included. Typically, where the Commission and Board have allowed garage doors to face the street in higher density developments, such design features have been required. Single Family Residential: (Tracts A, B, C, D, E, F, G, H and I) Single family residential uses would be permitted anywhere within the boundaries of the development, except Tract J which is to be dedicated to the County. Any single family residential uses would be required to be developed in accordance with Zoning Ordinance requirements for Residential (R-12) Districts. The minimum lot size would be 12,000 square feet. The Textual Statement provides for lots within Tract D and adjacent to Summerford Section A to have 20,000 square feet (Textual Statement B.3.b)). In comparison, lots in Summerford Section A adjacent to Tract D range in size from 21,132 to 41,275 square feet. Any single family dwelling unit, except condominiums or clusters, would be required to have minimum floor areas: 1,700 square feet for one-story and 2,000 square feet for more than one-story (Textual Statement 3.a.) The Textual Statement would require the recordation of restrictive covenants for any residential development, other than cluster and condominium uses. It should be noted that the County will only insure the recordation of the covenants and will not be responsible for their enforcement. Once the covenants are recorded, they can be changed. (Textual Statement B. 3.d)) Recreation Area: The applicant has agreed to provide a minimum of 1.5 acres within or conveniently accessible to each condominium and cluster home development, up to a maximum of ten (10) acres for all condominium and cluster home developments within the entire project. 25 00SN0174/WP/JAN24G Within each 1.5 acre site, the applicant plans to provide a minimum 0.75 acre area, located and positioned to provide a "focal point" as one enters the condominium or cluster home development. Benches and other amenities are to be provided in a portion of this area to facilitate outdoor gatherings. (Textual Statement, B. 1.o) and 2.j)). The applicant may also provide active and passive recreation areas within the development. The Textual Statement provides for setbacks, buffers, and other restrictions to minimize the impact of such recreational uses on surrounding residential uses. (Textual Statement, B.3:c)) Within any condominium development, children's play facilities such as playground equipment or other facilities primarily associated with children's play would be prohibited. (Textual Statement B. 1 .p)) CONCLUSIONS The proposed zoning and land uses comply with the Upper Swift Creek Plan which suggests the property is appropriate for single family residential use of 2.2 dwelling units per acre or less. The density proposed by this application is 2.2 units per acre. With the Textual Statement and proffered conditions, the proposed zoning and land uses are representative of, and compatible with, existing and anticipated area development. As stated herein, with respect to any cluster development, the application fails to address design features to minimize the impact of garage doors facing the street. These elements have typically been addressed on other projects having similar densities as to that proposed by this application. The proffered conditions do not adequately 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 improvements is identified in the County's adopted Public Facilities Plan and FY 2001-2005 Capital Improvement Program and Thoroughfare Plan and the impact of this development is discussed herein (see "Public Facilities section of this "Request Analysis"). The proffered conditions do not adequately mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Staff recommends approval of this request subject to the applicant addressing the impact of this development on capital facilities thereby protecting the health, safety and welfare of County citizens. Further, concerns relating to design features in the cluster development as discussed herein, should be addressed. 26 00SN0174/WP/JAN24G CASE HISTORY Planning Commission Meeting (1/18/00): At the request of the applicant, the Commission deferred this case to FebruaD, 15, 2000. Staff (1/19/00): The applicant was advised in writing that any significant new or revised information should be submitted no later than January 24, 2000, for consideration at the Commission's February 15, 2000, public hearing. The applicant was also advised that a $250.00 deferral fee was due. Staff (1/24/00): The applicant verbally advised that new information would be forthcoming the week of January 31, 2000. Applicant, Area Property Owners, Staff and the Matoaca District Supervisor (1/27/00): A meeting was held to discuss the proposed development. Concerns were expressed relative to the traffic impact on Hensley Road; the number of cluster housing units; the overall quality of development; buffers along Hensley Road; the impact on the public school system; the number of bedrooms in the cluster and townhouse units; the size of dwelling units; commemial uses along Hensley Road; drainage; extension of waterlines to the area; construction traffic; and phasing of the development and road improvements. Applicant (2/4/00): The deferral fee was paid. Planning Commission Meeting (2/15/00): On their own motion, the Commission deferred this case to April 24, 2000. 27 00SN0174/WP/JAN24G Staff (2/16/00): The applicant was advised in writing that any significant new or revised information should be submitted no later than February 21, 2000, for consideration at the Commission's April 24, 2000, public hearing. Applicant, Citizens, Staff and Matoaca District Supervisor and Planning Commissioner (2/24/00): A meeting was held to discuss issues relative to the request. Concern related to density and zoning compatibility; commercial development on Hensley Road; construction traffic; houses backing up to, and setbacks from, Hensley Road; timing of road improvements; buffers; architectural standards; uses; and development standards. It was agreed there would be another meeting prior to the Planning Commission's April public hearing. Staff (3/27/00): To date, no additional information has been received nor have there been any additional meetings with area residents. The applicant's representative has verbally indicated that a deferral will be requested to allow additional time to finalize the proposal. Planning Commission Meeting (4/24/00): At the request of the applicant, the Commission deferred this case to June 20, 2000. Staff (4/25/00): The applicant was advised in writing that any significant new or revised information should he submitted no later than May 1, 2000, for consideration at the Commission's June 20, 2000, public hearing. The applicant was also advised that a $250.00 deferral fee was due. Applicant (5/4/00): The deferral fee was paid. 28 00SN0174/WP/JAN24G Staff (5 / 18/00): To date, no new information has been received. Planning Commission Meeting (6/20/00): At the request of the applicant, the Commission deferred this case to August 15, 2000. Staff (6/21/00): The applicant was advised in writing that any significant new or revised information should be submitted no later than June 26, 2000, for consideration at the Commission's August 15, 2000, public hearing. The applicant was also advised that a $150.00 deferral fee was due. Applicant (7/5/00): The deferral fee was paid. Staff (7/19/00): Revised proffers and Textual Statement were submitted. Planning Commission Meeting (8/15/00): At the request of the applicant, the Commission deferred this case to October 17, 2000. Staff (8/16/00): The applicant was advised in writing that any significant new or revised information should be submitted no later than August 21, 2000, for consideration at the Commission's October 17, 2000, public hearing. The applicant was also advised that a $150.00 deferral fee was due. 29 00SN0174/WP/JAN24G Applicant (8/18/00 and 8/24/00): A revised Textual Statement and proffered conditions were submitted. The deferral fee was paid. Applicant (10/2/00): A revised Textual Statement and proffered conditions were submitted. Applicant (10/6/00): A revised Textual Statement, Exhibit I and proffered conditions were submitted. Planning Commission Meeting (10/17/00): The Commission deferred this case to December !9, 2000; thirty (30) days at the request of the applicant and thirty (30) days on their own motion. Staff (10/18/00): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 23, 2000, for consideration at the Commission's December 19, 2000, public hearing. The applicant was also advised that a $150.00 deferral fee was due. Applicant (10/23/00): The applicant submitted a revised Textual Statement and proffers and a new Exhibit I. Applicant (10/31/00): The deferral fee was paid. 30 00SN0174/WP/JAN24G Applicant ( 11 / 17/00): Additional and revised proffered conditions were submitted. Applicant (11/28/00 and 12/1/00): At the request of staff, proffered conditions were revised. Planning Commission Meeting (12/19/00): The applicant did not accept the recommendation. The applicant agreed to modify Proffered Condition 6. c) (ii) to increase the pavement width along Hensley Road between proposed West Hensley Road and the "Future Road". There was opposition present. Concerns were expressed relative to the impact on the school system; that the amount of land offered for park use is excessive; the impact on the transportation system; and the valuation of the land area proposed for dedication. Mr. Marsh indicated that given the size of the project, there would be an impact on the transportation and school facilities. He indicated that the applicant had offered some key road improvements; however additional improvements would be needed. He stated, however, that the proposal complies with the Plan and offers quality assurances, consistent with those of other area developments. He stated that the development would extend water to surrounding properties; would be phased over a ten (10) to f'ffteen (15) year period; and would provide needed park land that may not be affordable for purchase by the County in the furore. He stated the biggest questions are the tree value of the land proposed for dedication and the amount of road improvements needed to support the development. He stated the true value of any property is what a qualified purchaser is willing to pay. He stated this proposal offers a large parcel of land instead of full cash proffers to off-set the impact; therefore, the Board must weigh the value of this proffer package to determine if the impact of this proposal has been fully addressed. Mr. Marsh made a motion for approval and acceptance of the proffered conditions on pages 2 through 7. Mr. Litton seconded Mr. Marsh's motion. Mr. Litton indicated that the additional widening offered by the applicant along Hensley Road was an improvement; a school site is needed in the area; the development would extend water and sewer to surrounding properties; and the proposal complies with the Plan. Mr. Gecker stated the question of whether residential actually pays for itself is a Board decision; however, the Commission is mandated by the oo~ to plan to reduce or prevent congestion in the public streets; to facilitate the creation of convenient, 31 00SN0174/WP/JAN24G attractive and harmonious community; to facilitate the provision of adequate police and fire protection; to protect against the overcrowding of land, undue density of population in relation to available community facilities and danger and congestion in transportation. He stated that he did not believe the applicant has met the burden to convince him that this case promotes those things that the Commission is charged to promote. He stated it was clear that transportation, fire and capital facilities concerns are not adequately met. He questioned whether the density at this location, even with adequate proffers, would be appropriate for this part of the County. He stated he also felt the proposed land dedication, in the rural conservation area, could foster development in a part of the County which does not have adequate services. He stated, therefore, that he could not support the case. He further stated that in his opinion even if the applicant had offered to address the impacts consistent with the Board's policy given the density of the development, there would still be a major impact on capital facilities. He stated that he was also concerned that acceptance of the proposed dedication would foster development in the area designated for rural conservation in the Southern and Western Area Plan. Mr. Gulley indicated that he shared Mr. Gecker's concerns. He stated that acceptance of land not contiguous to a zoning case would set a precedent; that he would prefer that the County purchase the park land if it is needed; that the transportation impacts had not been adequately addressed; and that he had concerns as to whether Swift Creek Reservoir could provide sufficient water to the area in a drought situation. Mr. Cunningham indicated that the proposal represents a Countywide growth issue. He stated that development of the proposed dedication land would necessitate expenditure of public funds; that the development would have an impact on fire and rescue services; that area roads are curvy, winding with no shoulders; and that construction of a school on the land area proposed for dedication could foster development in the rural conservation area. He stated that he did feel that the applicant had addressed the impact of the development on capital facilities consistent with the Board's policy. A vote was taken on Mr. Marsh's motion for approval and acceptance of the proffered conditions and it was as follows: AYES: Messrs. Marsh and Litton NAYS: Messrs. Gulley, Cunningham and Gecker The motion, therefore, failed due to a lack of majority. On motion of Mr. Gecker, seconded by Mr. Cunningham, the Commission recommended denial of this case. 32 00SN0174/WP/JAN24G AYES: Messrs. Gulley, Cunningham and Gecker NAYS: Messrs.. Marsh and Litton The Board of Supervisors, on Wednesday, January 24, 2001, beginning at 7:00 p.m., will take under consideration this request. 33 00SN0174/WP/JAN24G TEXTUAL STATEMENT October 18, 2000 This is a request to rezone the entire Property to R-12 with a Conditional Use Planned Development (CUPD) that will permit development of a mixed use, planned communiW including single family residences, condominiums and cluster homes. Except'as qualified herein, uses permitted in the Residential (R-12) District and active and passive recreation uses shall be permitted throughout the property. In addition, within the Tracts identified on Exhibit A (hereinafter referred to as "the Master Plan"), the following uses, as more fully defined below, shall also be permitted: Tracts A, E, and F: Condominiums and Cluster Homes General Requirements Applicable to All Uses 1. Master Plan. The Master Plan shows the general location and approximate size of individuai Tracts. The area of any Tract as shown on the Master Plan may be increased or decreased by up to ten (10) percent or up to one (1) acre, whichever is greater, with corresponding adjustments in the area of other Tracts. 2. Common Areas. Common areas and ownership of property shall be regulated by Section 19-105(n) of the County Zoning Ordinance. 3. Mixing of Uses. Within each individual Tract, there shall be no "mixing" of uses (e.g., if Tract A is to be developed for condominiums, all of Tract A shall be developed as condominiums, or if Tract A is developed for Residential (R-12) uses, all of Tract A shall be developed for Residential (R-12) uses). Provided, however, the mixing of uses may be permitted if a conceptual plan is submitted for review and approval and the conceptual plan addresses land use transitions and compatibility between uses within the Tract itself as well as with adjacent tracts. Land use compatibility and transitions may include, but not necessarily be limited to, the exact location of uses, buffers, and site design. Such conceptual plan shall be approved by either the Planning Department or the Planning Commission, at the election of the developer, and such review shall be subject to appeal in accordance with sections 19-268(d) and 19-269(e) of the County Code. B. Requirements for Specific Uses 1. Condominiums Within Tracts A, E, and F condominiums meeting the following requirements ("Condominiums"), rather than the requirements of the R-12 Zoning District, shall be permitted: a) Number of Units Per Building. Within Tract E, no more than four (4) dwelling units shall be permitted in any one building. Within Tracts A and F, no more than ten (10) dwelling units shall be permitted in any one building; b) Virginia Condominium Act. Dwelling units shall be condominiums as defined and regulated by the Virginia Condominium Act; c) Density. The overall density within each tract or part of a tract shall not exceed six (6) dwelling units per gross acre; 2 d) e) g) h) i) J) k) Lot Coverage. All buildings, including accessory buildings, shall not cover more than forty (40) percent of the Tract or area devoted to the condominium development; Building Height. The maximum height of all buildings and structures shall be three (3) stories or forty (40) feet, whichever is less; Architectural Appearance. The architectural appearance and materials of buildings containing not more than four (4) units shall be similar to the elevations attached as Exhibits B and C, and employ the following materials: brick veneer, composition siding and 20 year asphalt shingles, or shall be of at least similar quality, as determined by the Planning Commission at time of site plan review. The architectural appearance and materials of buildings containing more than four (4) units shall be similar to the elevations attached hereto as Exhibits D, E, and F, or shall be of similar quality as determined by the Planning Commission at time of site plan review; Building Setbacks from Roads and Driveways. All structures shall be set back a minimum of ten (10) feet from roads and driveways except as provided in paragraph (s); provided that no setback shall be required from driveways that serve garages or parking spaces of individual dwelling units and do not provide general circulation within the condominium development ("Individual Driveways"); Building Setbacks from Perimeter of Tract. All structures shall be setback a minimum of fifty (50) feet from the perimeter of the Tract or from the perimeter of the area devoted to condominium development; Distance Between Buildings. The minimum distance between buildings shall be thirty (30) feet; Driveway and Parking Setbacks. Except as provided in paragraph (s), all driveways and parking areas shall be setback a minimum of fifteen (15) feet from the right-of-way of any existing or proposed right-of-way except that the setback adjacent ~o Hensley Road or any collector road external to the condominium development shall be fifty (50) feet; Sidewalks. Sidewalks shall be provided that facilitate pedestrian access within the Tract, to the recreational areas in the Tract, and to the overall development. The exact location and design of the sidewalks shall be determined by the County at the time of site plan review; provided, however, that, unless otherwise approved by the Planning Commission at time of site plan approval upon a determination that an alternative system will accomplish the spirit and intent of this requirement, sidewalks shall be installed on those 3 1) m) u) o) portions of both sides of all roads that have condominiums fronting the road, but not along Individual Driveways; Curb and Gutter. Roads, driveways (with the exception of Individual Driveways), and parking areas shall have concrete curbs and gutters unless it is determined at the time of site plan review that the curbs and gutters are not necessary to effect proper drainage or to control traffic; Driveway Widths. Unless otherwise approved by the Planning Commission at time of site plan review upon a determination that a lesser driveway width will provide adequate access, driveways shall have a minimum pavement width of twenty four (24) feet, provided that driveways that provide the primary access directly to a public road shall have a minimum pavement width of thirty (30) feet, and Individual Driveways serving not more than four (4) dwellings shall have a minimum pavement width of seventeen (17) feet; Emergency Access. A second road access shall be provided from any Condominium development to a public road prior to occupancy of more than fifty (50) units. Subject to approval at the time of site plan review, such second access may be designed and constructed to accommodate traffic only in an emergency situation, provided that such emergency access will facilitate emergency traffic movements as adequately as a public road access; Recreation Area. A minimum of 1.5 acres included within, or conveniently accessible to, each condominium development shall be provided for suitable active and passive outdoor recreational use by the occupants. A minimum of 0.75 acres of this 1.5 acre open space/recreation area shall be located and positioned to provide a "focal point" as one enters each condominium development. Part of this area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate outdoor gatherings. This area shall be developed concurrently with the development of the first phase of each condominium development, and its exact design and location shall be approved at the time of site plan review. If at least ten (10) percent of the area of each condominium development is not provided within that development for suitable active and passive recreation, then the remaining acreage shall be provided in Tract G; provided that no more than a total of ten(10) acres of active and passive recreation area shall be required for all condominium and cluster developments within the entire Property; p) q) r) s) t) u) Restriction on Children's Play Facilities. The common area recreational amenities shall not include playground equipment, play fields or other facilities primarily associated with children's play. Adult facilities including, but not limited to, swimming pools, putting greens or shuffleboard may be permitted; Street Trees. Street trees shall be planted or retained along each side of roads and driveways except for Individual Driveways. The exact spacing, species and size shall be approved at the time of site plan review. Generally, however, the street trees shall be placed between the road and any adjacent sidewalk; Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements ofthe Zoning Ordinance, Sections 19-516 through 19-518(f). Landscaping shall be designed to: minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The exact number, spacing, arrangement and species shall be approved at the time of site plan review; Buffers. A fifty (50) foot buffer shall be maintained adjacent to Hensley Road and any other public road which is a major arterial, and a thirty-five (35) foot buffer shall be maintained adjacent to any public road that is an internal collector road. At the time of site plan review, the width of this buffer may be modified if it is determined that adequate landscaping or other treatment to minimize the impact of adjacent roads on residences can be accomplished in a lesser width. The exact treatment of the buffer area shall be approved at the time of site plan review. This buffer area shall be maintained as common open space; and Garages. All dwelhngs that provide a garage shall employ side or rear entry garage designs except that front entry garages may be permitted if the Planning Commission determines at time of site plan review that, based on the design of individual units, front entry garages would not have an adverse effect on the streetscape. Storm Water Management Facilities or BMPs. Any open basins required for water quantity or quality control that are visible from public roads or from residences shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed within the condominium 5 development. At the time of site plan review, a plan depicting this requirement shall be submitted to the Planning and Environmental Engineering Departments for review and approval. 2. Cluster Homes Within Tracts A, E, and F, single family detached cluster homes meeting the following requirements ("Cluster Homes"), rather than the requirements of the R-12 Zoning District, shall be permitted: a) Lot Size. The minimum lot size shall be as follows: a fifty (50) foot minimum lot width; and a six thousand (6,000) square foot minimum lot area; b) Density. The overall density within each tract or part ora tract containing cluster homes shall not exceed six (6) units per gross acre; e) Architectural Appearance. The architectural appearance and materials of cluster homes shall be similar to the elevations attached as Exhibits G and H, which depict vinyl siding and twenty year fiberglass shingles, or shall be of at least similar quality, as determined by the Planning Commission; d) Front, Corner Side and Rear Yards. For principal structures, ~ont, corner side and rear yards shall have a minimum depth of twenty-five (25) feet. Accessory structures shall have a twenty-five (25) foot front yard setback but no rear yard setback; e) Side Yards. Principal structures shall be located no more than five (5) feet from one side property line, no less than ten (10) feet from the opposite side property line, and among every group of three (3) adjacent dwellings fronting on the same street there shall be a minimum of twenty (20) feet of space between at least two (2) of them; provided, however, that, if the overall intent of providing visual separation and clustering is achieved for the cluster home development, the Planning Commission, at time of tentative subdivision review, may approve exceptions to these side yard requirements. Accessory structures shall have no side yard setback; Sidewalks. Sidewalks shall be provided that facilitate pedestrian access within the Tract, to the recreational areas in the Tract, and to the overall development. The exact location and design of the g) h) i) J) sidewalks shall be determined by the County at the time of tentative subdivision review; provided, however, that, unless otherwise approved by the Planning Commission at time of subdivision review upon a determination that an alternative system will accomplish the spirit and intent of this requirement, sidewalks shall be installed on those portions of both sides of all roads that have cluster homes fronting on the road; Buffers. A fifty (50) foot buffer shall be maintained adjacent to Hensley Road and any other public road which is a major arterial, and a thirty-five (35) foot buffer shall be maintained adjacent to any public road that is an internal collector road. At the time of tentative subdivision review, the width of this buffer may be modified if it is determined that adequate landscaping or other treatment to minimize the impact of adjacent roads on residences can be accomplished in a lesser width. The exact treatment of the buffer area shall be approved at the time of tentative subdivision review. This buffer area shall be maintained as common open space; Paved Driveways. All dwelling units shall have paved driveways. The exact treatment shall be approved at the time of tentative subdivision plan review; Landscaping. Landscaping shall be provided around the perimeter of all buildings, between buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landscaping shall comply with the requirements of the Zoning Ordinance, Sections 19-516 through 19-518(f). Landscaping shall be designed to: minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The exact number, spacing, arrangement and species shall be approved by the Planning Department prior to issuance of any building permit; Recreation Area. A minimum of 1.5 acres included within, or conveniently accessible to, each cluster home development shall be provided for suitable active and passive outdoor recreational use by the occupants. A minimum of 0.75 acres of this 1.5 acre open space/recreation area shall be located and positioned to provide a "focal point" as one enters each cluster home development. Part of this area shall be "hardscaped' and have benches and other amenities that accommodate and facilitate outdoor gatherings. This area shall be developed concurrently with the development of the first phase of each cluster home development, and its exact design and location shall be approved at the time of tentative subdivision review. If at least ten 7 k) l) (10) percent of the area of each cluster home development is not provided within that development for suitable active and passive recreation, then the remaining acreage shall be provided in Tract G; provided that no more than a total often (10) acres of active and passive recreation area shall be required for all condominium and cluster developments within the entire Property; Garages. A minimum of sixty (60) percent of all dwellings that provide a garage shall employ side or rear entry garage designs, except that additional front entry garages may be permitted if the Planning Commission determines that, based on the design of individual units, front entry garages would not have an adverse effect on the streetscape. Storm Water Management Facilities or BMPs. Any open basins required for water quantity or quality control that are visible from public roads or from residences shall be landscaped or otherwise improved so that the facilities become visual enhancements to, and amenities for, the uses developed within the cluster home development. At the time of tentative subdivision review, a plan depicting this requirement shall be submitted to the Planning and Environmental Engineering Departments for review and approval. Residential (R-12) All dwellings other than Condominiums and Cluster Homes shall meet the requirements of the Residential (R-12) District as well as the following requirements: a) Minimum Square Footage for Single Family D~vellings. With the exception of Cluster Homes or Condominiums and for those dwellings delineated in paragraph (b) below, the minimum gross floor area for single family detached homes shall be as follows: I story 1,700 square feet; More than 1 stow 2,000 square feet; b) Minimum Lot Size Within Tract D. Within Tract D, all lots adjacent to Section A of Summerford subdivision shall have a minimum lot size of 20,000 square feet. c) Recreation Areas. At the election of the developer, active and passive recreation areas may be provided. Such recreation areas shall be subject to the following requirements: (i) With the exception of playground areas which accommodate ' swings, jungle gyms, or similar facilities and tennis courts, all outdoor play fields, swimming pools and similar active recreational areas shall be located a minimum of one hundred (100) feet from adjacent properties zoned or designated on the County's Comprehensive Plan for residential use, a minimum of one hundred (100) feet from any existing or proposed single family residential lot line, and a minimum of fifty (50) feet from any existing or proposed road; (ii) Within the one hundred (100) and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed road. This buffer shall conform to the requirements of Section 19-521 (a) through (h) and 19- 522(a)(2) of the Zoning Ordinance for fifty (50) foot buffers; (iii) Any playground areas (i.e. areas accommodating swings, jungle gyms or similar such facilities) and tennis courts shall be located a minimum of forty (40) feet from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed roads. This buffer shall conform to the requirements of Sections 19-521 (a) through (h) and 19-522(a)(2) of the Zoning Ordinance for fifty (50) foot buffers. (iv) Nothing within this condition shall prevent development of indoor facilities and]or parking within the one hundred (100) foot setback; (v) There shall be no outside public address system or speakers; (vi) Exterior hghting for recreational uses shall comply with Section 19-573 of the Zoning Ordinance, and the maximum height for light posts shall not exceed twenty (20) feet. 9 a) (vii) (viii) The location of all active recreational uses shall be identified in conjunction with the submittal of the first tentative subdivision plan; In conjunction with the recordation of any lot adjacent to active recreational area(s), such area(s) shall be identified on the record plat along with the proposed recreational uses and required conditions; Covenants. For all properties containing single family detached dwellings (except Cluster Homes and Condominiums), the following Declaration of Restrictions shall be recorded in conjunction with the recordation of any subdivision plat: THE OWNERS do hereby declare that said property is to be held, owned, conveyed, used and occupied subject to the following restrictive covenants: (i) An Architectural Review Committee, hereinafter called "ARC,' shall be comprised of Douglas R. Sowers, his heirs, personal representatives, successors, and assigns, any of which may act. The ARC shall coordinate each residence and lot and shall establish reasonable rules and regulations relating to the procedure for architectural approvals and general guidelines for architectural plans according to the following architectural guidelines: (a) For those lots that are adjacent to Section A of Summerford subdivision, the architectural standards contained in Article IV of The Summerford Standards, dated 1989 and prepared by Nicholson and Greene shall govern. For all lots except those specified in para6u'aph (a), the following architectural guidelines will apply: All plans to be approved prior to commencement of construction on each lot. House location to be approved prior to construction. Roof Minimum 7/12 pitch Minimum 12" overhang No uncolored galvanized flashing 10 Foundation Brick foundations Brick or stone on chimney chases Dwelling Main body of house to be a minimum of 30 feet in width No single stow homes adjacent to each other Stoops and walks Brick stoops or painted fir (no salt treated stoops except when approved by ARC) Minimum 40 sq. ft. Concrete sidewalks Painted lattice under front porches - painted risers on steps, painted pickets and painted band on front porches Siding Panel shutters on front windows Minimum 1 x 6 rake and facia boards No T1-11 siding Landscaping $300 allowance for shrubs White painted mailbox and lamp post consistent throughout subdivision Builder to leave as many trees as possible over 6 inches at the base Base 3 color exterior paint except for 2 colors if painted white Satellite Dishes and swimming pool design, location and screening t be approved prior to installation. 11 ii) iii) iv) The ARC reserves the right to modify the above restrictions or any other imposed deed restrictions in all or in part without notice. In addition, thc ARC reserves the right to make special exceptions to these conditions on ', individual basis; however, any special exception(s) shall not be deemed waiver of the restriction(s) as they may apply in the future. The ARC reserves the right to disallow construction of architecturally similar homes adjacent to each other. The ARC shall not be liable to any Owner or to any other person on account of any claim, liability, damage, or expense suffered or incurred by or threatened against an Owner or such other person arising out of or in any way relating to the subject matter of any review, acceptances, inspections, permissions, consents, or required approvals which must be obtained from the ARC whether given, granted or withheld. repairs, changes in color, excavations, changes in grade, major landscaping, or other work which in any way alters the exterior appearance of any Lot or improvement located thereon from its natural or improved state existing on the date such Lot was first conveyed in fee by Douglas R. Sowers to an owner (including clearance of trees and vegetation, driveways, entrance ways, fences, mailboxes, and lamp post structures), shall be made or done until the plans, specifications, working drawings, and proposals for the same showing the nature, kind, shape, type, color, materials, and location of the improvements on the Lot and a landscaping plan shall have been submitted to and approved in writing as to harmony of external design and location in relations to surrounding structures, topography, and applicable governmental requirements by the ARC. Ail easements along road frontage and lot lines as shown on the aforesaid subdivision plat are hereby reserved unto the developer, his personal representatives, heirs, assigu~s, or agents, for the purpose of drainage or furnishing light; telephone or any other utility to the property. Lots shall be occupied and used as follows: a) Lots shall be used for private residential purposes only and no building of any kind whatsoever shall be erected or maintained thereon except for: 12 v) vi) vii) viii) ix) O) One private dwelling house with each dwelling being designated for occupancy by a single family. (2) Private garages for the sole use of the respective owners of the Lots upon which such garages are erected. b) A single building for the storage of non-commercial vehicles, boats, equipment, and tools used in maintenance of the Lot upon which erected. No building shall be located on any Lot nearer to any street or to a side line than is permitted under the applicable local zoning ordinance in effect at the time such building is constructed. 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 a residence either temporarily or permanently. The construction of any structure on a Lot shall be completed within a period of nine (9) months after the beginning of construction. During construction, the Lot shall be maintained in a clean and uncluttered condition, free of unnecessary accumulation of waste and building debris. It is the responsibility of each Owner to prevent the deVelopment of any unclean, unsightly, or unkempt condition of buildings or grounds on his Lot. All improvements on each Lot shall be kept in good repair, and, where necessary, painted on a regular basis. No portion of the property shall be used or maintained as a dumping ground for rubbish. Outdoor burning of leaves, trash, or other debris shall not be permitted. All trash, garbage, and other waste shall be kept in sanitary containers which shall be surrounded by wooden screening with such screening being approved by the ARC, or otherwise out of sight from the street. No nuisance or offensive activity shall be permitted or maintained upon any Lot, nor shall any poultry, hogs, rabbits, cattle, or other livestock be kept thereon with the 13 x) xi) xii) xiii) exception of dogs, cats, or other normal household animals kept as pets thereon in numbers not exceeding those permitted by the law, provided they are not kept, bred or maintained for any commercial purposes, and must be kept under control of their owner when outside owner's premises, nor constitute a nuisance in the opinion of the ARC, its successors or assigns. No use shall be made of any Lot which will depreciate or adversely affect the surrounding Lots or the property. Each residence constructed on a Lot shall be connected to a public sewer. No Lot shall be further subdivided without prior written consent of the ARC. However, the developer hereby expressly reserves for itself, its successors, and assigns, the right to re-subdivide any Lot or Lots shown on any recorded plan of subdivision of the property prior to the delivery of a deed to said Lot or Lots without the prior written consent of any Lot Owner. Except for emergencies, which emergencies must be proven to the satisfaction of the ARC, no trees with a diameter of six (6) inches or more, measured two (2) feet from the ground, flowering trees, shrubs, or evergreens may be cleared from any Lot without prior written permission of the ARC~ In the event a Lot Owner violates this covenant, the Lot Owner will be fined $25.00 per inch for every such tree removed and it shall be assumed that each tree had a diameter of twelve (12) inches. No commercially licensed vehicles, motor vehicles, recreational vehicles, boats, disabled vehicles, vehicles without a current state license or state inspection sticker, machinery, or other equipment shall be visible from the street for a period exceeding twenty-four (24) hours. Any screening of such vehicles must be approved by the ARC. This covenant shall not apply to vehicles and equipment used in connection with construction upon Lots, while such construction is in progress, or in connection with the development of the property. It shall be the responsibility of each Owner to construct and maintain suitable and adequate parking space on his Lot and all vehicles shall be parked thereon. 14 xiv) The operation of unlicensed motor bikes, ATV's, and motorcycles on the lots and entrance area shall be subject to regulation by the Owners and may be prohibited entirely. xv) No external illumination on any Lot shall be of such a character or intensity or so located as to interfere with any other Owner's use or enjoyment of his Lot. No neon or flashing lights shall be permitted. All external lighting must be approved as to size and intensity by the ARC. xvi) Except during construction, no signs of any kind shall be displayed to the public view on any lot except: xvii) xviii) xix) xx) One sign not exceeding four (4) square feet in areas used for the purpose of advertising the Lot for sale or rent: and b) One sign not exceeding four (4) square feet in areas which identify the resident occupying the Lot, the name of the Lot, or both. No temporary, portable, or above-ground swimming pools may be erected on any Lot that will be visible from the street. No outside antennas, television or otherwise, shall be permitted; provided, however, that until cable television becomes available to the property, exterior television antennas shall be permitted, provided that they do not extend more than five (5) feet past the roof line of any dwelling. No satellite dishes shall be visible from the street. No construction shall be permitted without appropriate erosion control so as to prevent the discharge of any soil or other materials onto any other Lot or Common Area. The ARC may establish reasonable rules and regulations establishing a maximum percentage of any Lot which may be covered by a building, driveway, or other structure No fences or walls not constituting a part of a building shall be erected, placed or altered on any Lot nearer to any street than the minimum exterior setback line, but in 15 xxi) xxi ) xxiii) xxiv) xxv) no case shall it extend further forward than the rear of the house except with the approval of the ARC. No shrubs, trees, fences or structures of any type shall be erected which may partially or fully block vehicular sight distance, as set forth in the Virginia Highway Department regulations, on any roadway. No lot owner shall disturb or siltate shoulder, backslopes, ditches, pavement, curb and gutter, driveway culverts, or any other improvements within the public right-of-way. Each Lot Owner agrees to be responsible for disturbances, damages, and/or siltation caused by themselves, their employees, suppliers, contractors, or others, and shall have fourteen (14) days from the receipt of a letter from the developer and/or the ARC to correct the damage. Ifa Lot Owner fails to correct the damage in a workmanlike manner, then the developer or its assigns shall have the right to correct the damage and bill the Lot Owner directly on a cost-plus-fifty-percent (50%) basis. If a Lot Owner does not make payment within thirty (30) days of presentation of the bill, a two percent (2%) per month service charge shall be applied to such bill. Any one or more of the Covenants and Restrictions imposed in Paragraphs a through v hereof may be waived, modified, or rescinded, in whole or in part, as to all of the property or any Lot, by written instrument of the ARC. Invalidation of any of these covenants and conditions, by court adjudication or otherwise shall in no way modify, affect, or invalidate any of the other covenants and conditions contained herein which shall remain in full force and effect. Each and every covenant and condition herein imposed may be enforced by the undersigned or the owner of any Lot 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 recover damages therefore. The failure of an owner or the undersigned to bring any such proceeding shall not be considered as a waiver of any rights at law or in equity that any such party may have for past or future violation of any covenant herein contained 16 xxvi) These covenants and conditions are to run with the land and shall be binding upon subsequent owner or owners and all parties claiming through or under such owner or owners for a period of thirW (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the owners of the Lots has been recorded, revoking said covenants, or agreeing to change said covenants in whole or in part. #275365 vi 19140.01910 17 A A R-'I 2 BRANDY OAKS R-25 R-25 N 600 0 600 1200 Feet 00SN0174 Rezoning: A TO R-12 W/C.U.P.D. Sheet #: 23 OOSN0174-1 DEDICATED EXHIBIT T PROPERTY 00SN0174-2 PROPOSED MASTER PLAN / EXHISI'I' A / 74-3 Thoroughfare Plan OOSN0174-4 Thoroughfare Plan N 00SN00174-5 Traffic Shed 00SN0174-6 00SN0174-7 00SN0174-8 00SN0174-9 00SN0174-10 ~ ~ OOSNO 174-11 Elevation A Elevation B 00SN0174-12 Elevation A Elevation B 00SN0174-13