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00SN0238-AUG23.pdf STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0238 B.J. Summerford, LLC Matoaca Magisterial District West line of Hensley Road REOUEST: Rezone from Residential (R-12) to Residential (R-12) with Conditional Use Planned Development to permit bulk exceptions. PROPOSED LAND USE: A single family residential subdivision with a minimum lot size of 7,000 square feet is planned. The applicant has agreed to limit the development to a maximum of 25 lots, yielding a density of approximately 2.0 dwelling units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 7. STAFF RECOMMENDATION Recommend denial for the following reason: Although the proposed zoning and land use conform to the Upper Swift Creek Plan which suggests that the property is appropriate for residential uses of 2.2 units per acre or less, Providing a FIRST CHOICE Community Through Excellence in Public Service. the application Ihils to provide tbr the typical development standards necessary to offset the impact of lot sizes smaller than 12,000 square feet. CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONI.Y A "RTAFI~" AI~I2 This application contains three exhibits described as follows: (CPC) Exhibit C - The Timbers at Summerford Textual Statement, dated April 12, 2000, (CPC) 1. Plan. The following conditions notwithstanding, the plan attached as Exhibit A (the "Plan") and the Textual Statement attached as provisions to enhance the areas around the houses, a trails and open space, and butters along West Hensley and Wildtlower Drive, all of which are further described herein. (P) twenty-five (25). (P) (CPC) 4. Dedications. In conjunction with recordation of the first subdivision 2 00SN0238/WP/AUG23I (a) Forty-five (45) feet of right-of-way on the west side of 14t~n~lew Rcmd rneam~red from the centerline of that oart of (b) A ninety (90) foot wide right-of-way for an east/west major right-otXway shall 0e approvect t)y me l ransportauon Department. (T) Extended or Hensley Road. (T) with modification approved by the Transportation Department, from Hensley Road to the western property (b) Realignment of Hensley Road at West Hensley Road controlled street. south of the West Hensley Road Extended intersection to provide a three (3) lane t¥1>ical section [i.e.: one (1) (d) Construction of additional pavement along West Hensley (e) Dedication to Chesterfield County, free and unrestricted, Plan Prior to anv road and drainage 3 00SN0238/WP/AUG23I identified in Proffered Condition 6, shall be submitted to and auuroved by the Transuortation Devartment. (T) approved by the Virginia State Department of Forestry for the approved devices have been installed. (EE) established to own, manage, and maintain the Open Space and the landscavine described in Proffer 18 and urovided in compliance in Section 19-105 (n). (P) buildings and paved vehicular areas) shall be devotea to open space ("Open Space"). Any Open Space not conveyed to individual following Open Space~ areas- shall b~ provided. within recorded open space and shall be exclusive of 19-521 (a), (b), (e), and (h), and 19-522 (a) (2). Pedestrian paths may be provided within this buffer. If provided, the recoroea open space and snail de exclHS1Ve ut [¢qllllCtl setbacks and shall not be part of any residential lot. This may be provided within this buffer. If provided, the exact treatment and location of the vedestrian vaths shall be 4 00SN0238/WP/AUG23I (c) A minimum 0.4-acre of open space snail Be provided on tne Property and shall be centrally located within the Property are located within the Central Open Space sl~all be maintained unless removal is approved by the Planning described herein. Pedestrian paths or trails shall be pedestrian paths or trails shall be approved at tiao ume oI tentative subdivision review. Provided, however, that be permitted in the Open Space. exact treatment and location of the sidewalk shall be association unless accepted for maintenance by VDOT. Place. The Planning Department, at the time of tentative be maintained accepted for maintenance by VDOT. (P) Fakir Housing Law, th~ Federal Housing Law, and such other annllc'ahl~ federal ~tate or local lepal reouirements, dwelline units years of age domiciled therein. (B) within the boundary of Parcel A as shown on Exhibit 13, me al~l~licant, subdivider, or assignee(s) shall pay $3,093.00 per unit to 5 00SN0238/WP/AUG23I building permit, for infrastructure improvements within the service district for the Property if mid ~)rior to July 1, 2000. At the time Department as follows: $660 for parks, $264 for library facilities, not [o exceea :~J,uw.uu per unit ana snail De actjusteu upwaru Dy any increase in the Marshall and Swift Building Cost Index between expended for the purposes designated by the Capital Improvement Pro~ram within fifteen (15~ years from the date of vayment, they that are applicable to the Property, the amount paid in cash proffers (CPC) 13. 14 House Size. The minimum gross floor area for houses shall be (ah Fhlildino lMaterial~ The facade~ of dwelling units shall be or dryvit. The exposed surfaces of all dwelling unit foundations enclosed within a chimney or as part of the principal structure and that such enclosure shall not be cantilevered. rear or side entry. At the time of building permit application on 1I a Owelllng umt exists or nas oeen approvea on mose ~ots, documentation as to the orientation of the garage door(s) shall be (CPC) 15. Driveways. Private driveways on individual lots shall be "hardscaoed.'t The exact design and treatment of driveways shall 6 00SN0238/WP/AUG23I (CPC) 16. Covenants. Prior to or in conjunction with the recordation of the subdivision l~lat, the Develol3er shall record restrictive covenants include, in addition to the Developer's representatives, one member fram tho gnmmorfnrrt [lnrnonwn~r~ Ae~c~riatlcm Fnrth~r the architectural standards and/or guidelines to be used for the approval (CPC) 17. Stormwater Management. Any on-site stormwater management (CPC) 18. Landscaping. Landscaping, to include a minimum of ten (10) each lot. Lan0scapmg slaall comply wltl~ me reqmrements ot Zoning Ordinance Sections 19-516 and 19-518 (a), (b), (c), (e), and spaces, and to enhance th~ residential character of the development. A landscanine olan_ orenared oursuant to Zonin~ Ordinance Section shall approve the spacing, arrangement, and species of the plantings GENERAL INFORMATION West line of Hensley Road, north of Brandyfield Place. Tax ID 725-659-Part of 3397 ex,sung ~omng: Size: 7 00SN0238/WP/AUG23I Existing Land Use: Adjacent Zoning and Land Use: West - R-12; Vacant Public Water System: serving Brandy Oaks Subdivision and adjacent to the request site. In addition, there is an approximately 2,000 feet northwest ot me request site. use oI me puonc water system intended. (Proffered Condition 3) owner)developer extend a sixteen (i6) inch water line along West Hensley Road Extended, frnm the exi~tin~ eight (8~ inch water line in Henslev Road to the western boundary of the There is an existing fifteen (15) inch wastewater trunk line extending along me eastern boundary of Birkdale Subdivision Section 8, approximately 5,650 feet north of the request (Proffered Condition 3) Drainage and Erosion: second pond on the adjacent Summerford tract. The parcel is heavily wooded and, as such, should not be timbered until issuance of a land disturbance permit. This will ensure that 8 00SN0238/WP/AUG23I 8). There are no existing on-site drainage and erosion control problems. After construction of the second lake. there should not be any uroblems in Summerford. WIUGil IS proposea m ~ummerlorct ~tlD~llVlSlUll. 111~ ap[OllCali[ llUS, llUWCVCi, lilUl~atcu uia[ if there are any stormwater management needs on-site, any facilities will be constructed PUBLIC FACILITIES further detailed herein by specific departments. This development will have an impact on these Fire Service: for 'constr~cti~n by the-year-2015 in the Public Facilities Plan. This property is currently qerved hv the Clover Hill Fire/Rescue Station. Company Number 7 and Manchester Rescue twenty-five (25) dwellings will generate approximately four (4) emergency calls for fire When the property is developed, the number of hydrants and quantity of water needed for Schools: Consistent with the Board of Supervisors~ policy, the impact oI development on lmrary services is assessed Countywide. Based on projected population growth, the Public 9 00SN0238/WP/AUG23I into account the additional space provided by the two currently iunded prOJects, the new La Prade and Chester Libraries, there is still a projected need for 55,000 additional square feet The proposed development would most likely have a direct impact on the Clover Hill Library nr cm~ new nronosed branch in the vicinitv of Beach and Oualla Roads. The Public Facilities addressed. (Proffered Condition 12) The Public Facilities Plan identifies the need for two (2) new regional parks. In addition, applicant has offered measures to assist in addressing the impact of this proposed Transportation: 290 average daily trips. These vehicles'will be distributed along H~nsley Ro~d which had right of way width of ninety (90) feet. The Plan also identifies an east/west major arterial dedicate forty-five (45) feet of right of way, measured from the centerline of Hensley Road, and a ninety (90) foot wide right of way for West Hensley Road Extended through Direct access to major arterials, such as Hensley Road and West Henley Road Extended, 3). A tentative SUDO1V1S1On plan nas oeen approvea ior me ac~jacem ][e$ltlelltlitl DlOD~lty to the west (Summerford). The approved tentative includes a public road right of way 10 00SN0238/WP/AUG23I Mitigating road improvements must be provided to address the traffic impact of this develor>ment. The aDvlicant has proffered to: 1) construct two (2) lanes of West Hensley at the West Hensley Road Extended intersection to provide a three (3) lane typical section; The Thoroughfare Plan identifies the need to improve existing roads, as well as construct increase in traffic generated by this development. The applicant has proffered to contribute cash towards miti~tatin~ this iml~act. (Proffered Condition 12) regarding access and internal street network. Population Increase 69.25 [ 2.77 High I 0.00 I 0'001 M~t c',,~t ~,~r Park~ 17 5'/5 703 INet Cost for Fire Stations I TOTAL NET COST 6,700 I 268 82,500 I 3,300 11 00SN0238/WP/AUG23I As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal im~)act of every new dwellin~ unit on roads, l)arks, libraries and fire stations at $3,300 Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has Exhibit B depicts two parcels of land, A and B. As shown, Parcel B was zoned previously and staff's application of the Board's policy. Comprehensive Plan: Area DeYelcmment Trend~: properties to the north and south are the subject of a rezoning request, Case 00SN0174. within the adjacent proposed development, housing and development styles similar to that proposed on the subject site is planned. Those type of styles are proposed further north Kesloen[{ai Itt-Lb) aba are occupieu Dy single /alnliy ruslCl~licu~. On April 26, 1989, the Board of Supervisors, upon a favorable recommendation by the Planninu Commission. auuroved rezonine on a 253 acre uarcel, from A~ricultural (A) to 12 00SN0238/WP/AUG23I 89SN0149). A single family residential development was planned. This case included a nrc~fft-rect c-cmditinn limitin~ the number of dwelline units to 375. It is imuortant to note (A) to l{es~dential (R-I2) (Uase 99~rqulu~). ^ single iamliy resmennat aeve~opment was planned. In conjunction with this approval the applicant proffered to fully address the The request site contains all property within the limits of Case 99SN0108 and annrnxirnatelv a two (2'~ acre nortion of area affected bv Case 89SN0149. as noted on within this area of overlap with Case 89SN0149 is subject to this maximum lot restriction. lots within the boundaries of Case 89SN0149. The applicant's plan depicts a residential cul-de-sac development with a maximum of be provided within common open space. quality of small lot developments. As a result, the Zoning Ordinance was amended to ~reclude new Residential R-7 and R-9 zonings, which represented lot sizes of 7,000 and through the Conditional Use Planned Development process. as part of a Conditional Use l~lanneO Development, statI examines me umqueness ot each request to determine if the development proposal warrants a reduction in the minimum lot 13 00SN0238/WP/AUG23I the use of design and the provision ot appropriate amenmes, lnese typical staliumus include, but are not limited to, the provision of a project focal point, hardscaped open Open Space/Buffers: Conditions 9 and 10). The applicant's plan depicts three general locations for the Road across from the proposed subdivision development and t~tty (>0) and tmrty t Jo) ~oot wide strips running along West Hensley Road and Wildflower Place for the purpose of The "Central Open Space", as depicted on the plan, does not meet the typical standard for fha aotahl{ehm~nt t~te a fac'al nnint lt~pntinn ~enarallv fncal noints ~hollld be located so concern could be addressed by moving Wildflower Place to the north of the location shown Further, these central areas are typically hardscaped with benches and other amenities to provide usable open space to facilitate the gathering of residents. The applicant l~as Open Space", the applicant has proffered to preserve trees that are eights (8) inches in The open space provided on the southeast line of West Hensley Road is separated from the not add value to the project to be considered an amenity. Further, no improvements are nronr~ed fc~r this area. supplemental landscaping consistent with Ordinance requirements for buffers. This proffer 14 00SN0238/WP/AUG23I Sidewalks and Paths: and convenient access to open space areas within the development. The applicant has As previously noted, Proffered Conditions 10.a and 10.b do not obligate the applicant to I and~e~nina' development, define private spaces and minimize the predominance of building mass and The applicant proposes that two (2) trees and ten (10) medium sl~ru0s Oe lnstaneo on each lot. (Proffered Condition 18) and the sidewalk along the lot frontages of all internal rights of way. (Proffered Condition Darages and Driveways: dwellings to be significantly closer to the road, the appearance of garage doors along adioinine streets becomes an important design issue relative to their impact on the street the garages will be restricted to side or rear entry. (Proffered Condition 14.b.) or rear entry garages. 'l'nlS restriction nas no slgmllcant mapacr upon me streetscap~ giwn that the remaining twenty (20) dwelling units may have garage doors fronting the street. condition would permit the contiguous location of all dwelling units with front-entry cmraoe~ which doe~ not address this design concern. 15 00SN0238/WP/AUG23I Driveways on individual lots must be "hardscaped". (Proffered Condition 15) The applicant has proffered a minimum gross floor area for homes (Proffered Condition address all other architectural guidelines for these dwellings (Proffered Condition 16). or modified. has been requested (Textual Statement). The combined affect of the reduced lot size and maintain a maxnnum spacing between dwellings ano create a more usable lOt area, $1muar developments have positioned the houses close to or along one side lot line to centrally located on the lot. Although the applicant has established a minimum side yard c~f ten (10] feet the maximum side yard of two (2] feet avvlies to only one voint of the Without establishing a maximum side setback for the entire structure, the goal of this CONCLUSIONS application fails to fully address the quality standards and amenities typical of similar projects that lnCluoe me provision oi a project iocal prom, narascapea open space, mnc~scapmg, ~ttc<t~capmg, sidewalks and pathways and side or rear entry garages. Specifically, the plan lacks a focal point; d~ors facing the adjoining streets has not been adequately addressed; and the proposed building setbacks do not maximize useable lot area and semration between buildings. 16 00SN0238/WP/AUG23I The proffered conditions do not provide for typical development standards that will enhance the project and offset the impact of lots smaller than 12,000 square feet, consistent with the standards CASE HISTORY Planning Commission Meeting (6/20/00): of this deferral was to allow the applicant to modify the proffered conditions, to clarify the applicant's intent and to address concerns of the Matoaca District Commissioner. Staff (6/21/00): SBOUK1 De suomltrecl no la[er [nan June zo, /~uuu, Ior consloerauon al_ tne ~olimllSSlon s July public hearing. Applicant (7/10/00): The applicant did not accept statt's recommenclatlon, but dld accepted me ~'lanmng Commission's recommendation. l~l'r March incli~-ata, cl that the nrnnert¥ wax nllrrentlv ?nned Re~idenlial (R-12~ with no the project; and although he generally supports larger lot developments, this was a unique On motion of Mr. Marsh, seconded by Mr. Cunningham, the Commission recommended approval of this request and acceptance of the proffered conditions on pages 2 through 7. 17 00SN0238/WP/AUG23I AYES: Unanimous. 11t.~ DtOit[LI t)l DUI~I vI[u[~i~ L~II ¥~ CUII~uuy, ~ugu~t ZO, £tJL~U, Deglnnlng at / :~JLt p.m., Wlll take under consideration this request. 18 00SN0238/WP/AUG23I Textual Statement The following exceptions are outlined below. A chart summarizing the request is Lot .~ea. The minimum lot size shall be 7,000 square feet. At least nine (9) lots shall be a minimum of g,000 square feet and three (3) lots shall be a minimum of 2. Lot Width. The minimum to! v,ddth shall be sixty (60) feet. shag be a minimum often (10) feet. The minimum distance between buildings shall be lwelve (12~ feet. For the 2-foot minimum side yard at lea~t nne noint p.q 6. Corner Side Yard. The mh~imum comer side yard shall be fifteen (15) feet. [ Lot criteria ] R-12 requirement ] Request Lotcovera[e 30 percent 50 percent Front yard 35t~et 25feet i of 10 feet; minimum of 12 feet between bu'tdings. At I 30 feet C~, orner .... side· )'~d I ,~ ,-__, Minimum of 15 feet R-25 // '~ ,/ / 700 1400 Feet Rezoning: R-12 TO R-12 ~neet ~: zo 375 lots permitted 00SN0238 In Matoaca Magisterial District, B. J. SUMMERFORD, LLC requested rezoning and amendment of zoning district map from Residential (R 12) to Residential (R 12) with Conditional Use Planned Development to allow bulk exceptions. Residential use of up to 3.63 units per acre is permitted in a Residential (R 12) District. The Comprehensive Plan suggests the property is appropriate for residential use of 2.2 units per acre. This request lies on 12.3 acres fronting approximately 520 feet on the west line of Hensley Road, approximately 700 feet north of Brandyfield Place. Tax ID 725 659 Part of 3397 (Sheet 23). 8/23/00 O0 599 Mr. Jacobson presented a summary of Case 00SN0238 and stated that staff had originally recommended denial because of concerns expressed by the Board and the Planning Commission relative to smaller lot development. He further stated that, over the last year, staff has prepared a series of design standards to be used for smaller cluster development and that, since the applicant has not met all of these design standards, staff maintains its recommendation of denial. He further stated that the Planning Commission recommends approval and acceptance of the proffered conditions. Ms. Gloria Freye, representing the applicant, stated that the proposed development would allow for smaller lots for senior housing, is age restrictive and would not have an impact on area schools. She further stated that the proposed development includes 2.7 acres of open space as well as landscaping on the lots that would be owned and maintained by the homeowners' association. She stated that the lots would range in size from 7,000 12,000 square feet, with an average of 9,000 square feet, and the minimum house sizes would be 1,700 square feet for one story and 2,000 square feet for anything over one story. She further stated that the applicant has proffered assurances for quality through restrictive covenants, the establishment of an Architectural Review Committee, paved driveways, sidewalks and street trees. She further stated that, in addition to the maximum cash proffers, the applicant has agreed to make approximately $500,000 in capital improvements to the roadways and utilities infrastructure. She further stated that the Summerford Homeowners Association has indicated its support of the proposed development and noted that other area residents have expressed no opposition. She further stated that the proposed development offers a unique opportunity to meet the needs of the growing population of 55 and older in the County. There was no opposition present. Mr. Miller expressed concerns relative to staff's recommendation for denial. Mr. Jacobson stated that, over the last few years, staff has been modernizing the County's zoning ordinance and attempting to develop a zoning district classification for cluster types of developments in response to concerns expressed by Planning Commissioners and Board members. He further stated staff recommended denial because the applicant did not proffer all of the design standards developed by staff for cluster development. When asked, Mr. Jacobson stated that he feels the Planning Commission has made a good recommendation. He further stated that the proposed development is similar to the Braxton community and includes some design features that are not present in Braxton. Mr. Miller expressed concerns relative to staff's recommendation for denial based on quality issues. Mr. Barber stated that he feels staff is taking the right approach by developing design standards for small lot 8/23/00 O0 600 development. Mrs. Humphrey stated that she appreciates the proffers for the internal park as well as the age restriction. She further stated that the proposed development is unique and will meet a need in the County for senior citizens. Mrs. Humphrey then made a motion, seconded by Mr. Miller, for the Board to approve Case 00SN0238 and accept the following proffered conditions: This application contains three exhibits described as follows: Exhibit A The plan titled "The Timbers at Summerford" dated April 10, 2000, last revised June 29, 2000, prepared by William W. Johnson. Exhibit B The plan titled "The Timbers at Summerford" showing Parcel A (cash proffer lots) and Parcel B (non cash proffer lots). Exhibit C The Timbers at Summerford Textual Statement, dated April 12, 2000, and last revised May 22, 2000. 1. Plan. The following conditions notwithstanding, the plan attached as Exhibit A (the "Plan") and the Textual Statement attached as Exhibit C shall be the general guideline for development of the Property. Development of the Property shall include landscaping provisions to enhance the areas around the houses, a trails and sidewalk amenity package, age restricted limitation, a single access from Wildflower Drive ending in a cul de sac, a centrally located open space, and buffers along West Hensley and Wildflower Drive, all of which are further described herein. (P) 2. Density. The maximum number of lots on the Property shall be twenty five (25). (P) 3. Utilities. Public water and wastewater system shall be used. (U) 4. Dedications. In conjunction with recordation of the first subdivision plat, the following rights of way shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (a) 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 (b) to the property. A ninety (90) east/west major Extended") from property line. right of way shall be Transportation Department. foot wide right of way for an arterial ("West Hensley Road Hensley Road to the western The exact location of this approved by the (T) 8/23/00 O0 601 10 Access. No direct access shall be provided to West Hensley Road Extended or Hensley Road. (T) Transportation Improvements. To provide for an adequate roadway system, the developer shall be responsible for the following: (a) Construction of two (2) lanes of West Hensley Road Extended, to VDOT urban minor arterial standards (50 mph) with modification approved by the Transportation Department, from Hensley Road to the western property line. (b) Realignment of Hensley Road at West Hensley Road Extended to create a T intersection. West Hensley Road Extended and Hensley Road to the north shall be the major street. Hensley Road to the south shall be the minor, stop controlled street. (c) Construction of additional pavement along Hensley Road south of the West Hensley Road Extended intersection to provide a three (3) lane typical section [i.e.: one (1) southbound lane and two (2) northbound lanes]. (d) Construction of additional pavement along West Hensley Road Extended at the Hensley Road intersection to provide left and right turn lanes. (e) Dedication to Chesterfield County, free and unrestricted, any additional right of way (or easement) required for the improvement identified above. (T) Transportation Phasin~ Plan. Prior to any road and drainage approval, a phasing plan for the required road improvements, as identified in Proffered Condition 6, shall be submitted to and approved by the Transportation Department. (T) Timbering. With the exception of timbering which has been approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) Homeowners Association. A homeowners association shall be established to own, manage, and maintain the Open Space and the landscaping described in Proffer 18 and provided in compliance with Section 19 105 (n) of the Zoning Ordinance except that the word "lots" shall be substituted for the term "townhouse lots" used in Section 19 105 (n) . (P) O~en S~ace. A minimum of 2.7 acres of the Property (exclusive of buildings and paved vehicular areas) shall be devoted to open space ("Open Space"). Any Open Space not conveyed to individual owners, except 8/23/00 O0 602 streets, roads, and paved vehicular areas, shall be counted toward the Open Space requirement. At a minimum, the following Open Space areas shall be provided. (a) A minimum fifty (50) foot buffer shall be provided along the north line of West Hensley Road. This shall be located within recorded open space and shall be exclusive of required setbacks and shall not be part of any residential lot. This 50 foot buffer shall comply with Sections 19 520 (a), 19 521 (a), (b), (e), and (h), and 19 522 (a) (2). Pedestrian paths may be provided within this buffer. If provided, the exact treatment and location of the pedestrian paths shall be approved at the time of tentative subdivision review. (b) A minimum thirty (30) foot buffer shall be provided along wildflower Drive. This buffer shall be located within recorded open space and shall be exclusive of required setbacks and shall not be part of any residential lot. This 30 foot buffer shall comply with Sections 19 520 (a), 19 521 (a), (b), (e), and (h), and 19 522 (a) (1). Pedestrian paths may be provided within this buffer. If provided, the exact treatment and location of the pedestrian paths shall be approved at the time of tentative subdivision review. (c) A minimum 0.4 acre of open space shall be provided on the Property and shall be centrally located within the Property ("Central Open Space") as generally shown on the Plan. Any trees that are eight (8) inches or greater in caliper and are located within the Central Open Space shall be maintained unless removal is approved by the Planning Department to accommodate improvements such as pedestrian paths or trails or the other improvements described herein. Pedestrian paths or trails shall be provided within the Central Open Space and the exact treatment, location, and phasing of construction of the pedestrian paths or trails shall be approved at the time of tentative subdivision review. Provided, however, that hardscaping of such paths or trails shall not be required. Benches, picnic tables, grills, shelters, and/or gazebos shall be permitted in the Open Space. (d) A sidewalk shall be provided along the lot frontages of Wildflower Place as generally delineated on the Plan. The exact treatment and location of the sidewalk shall be approved at the time of tentative subdivision review. The sidewalks shall be maintained by the homeowners association unless accepted for maintenance by VDOT. (e) Street trees shall be planted or retained between the street and the sidewalk along the lot 8/23/00 O0 603 11 12 13 frontages of Wildflower Place. The Planning Department, at the time of tentative subdivision plat review, shall approve the exact location, spacing, species, and size of the trees. The street trees shall be maintained by the homeowners association unless accepted for maintenance by VDOT. (P) Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Housing Law, and such other applicable federal, state, or local legal requirements, dwelling units shall be restricted to "housing for older persons" as defined in the Virginia Fair Housing Law and shall have no persons under 19 years of age domiciled therein. (B) Cash Proffer. For each dwelling unit developed within or partially within the boundary of Parcel A as shown on Exhibit B, the applicant, subdivider, or assignee(s) shall pay $3,093.00 per unit to the County of Chesterfield, prior to the time of issuance of a building permit, for infrastructure improvements within the service district for the Property if paid prior to July 1, 2000. At the time of payment, the cash proffer shall be allocated pro rata among the facility costs as calculated annually by the County Budget Department as follows: $660 for parks, $264 for library facilities, $251 for fire stations, and $1,918 for roads. Thereafter, such payment shall be the amount approved by the Board of Supervisors not to exceed $3,093.00 per unit and shall be 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 if paid after June 30, 2000. If any of the cash proffers are not expended for the purposes designated by the Capital Improvement 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 lleu of or credited toward, but not in addition to, any impact fees in a manner as determined by the County. (B) House Size. The minimum gross floor area for houses shall be 1,700 square feet for one story houses and 2,000 square feet for houses greater than one story. (P) (a) Building Materials. The facades of dwelling units shall be constructed of brick, brick veneer, wood, vinyl siding, cementlous t~rpe siding, composite siding, eifs, glass, stone, stucco or dry-cit. The exposed surfaces of all dwelling unit foundations shall be faced with brick veneer or stone. Gas or ornamental fireplaces may be wall vented provided that such wall vent is enclosed within a chimney or as part of the principal structure and that such enclosure shall not be cantilevered. 8/23/00 O0 604 (b) Garages. Twenty percent (20%) of the garages shall have a rear or side entry. At the time of building permit application on each lot, documentation shall be provided as to whether dwellings exist or building permits have been approved on the remaining lots. If a dwelling unit exists or has been approved on those lots, documentation as to the orientation of the garage door(s) shall be submitted. (P) 15 Driveways. Private driveways on individual lots shall be "hardscaped." The exact design and treatment of driveways shall be approved by the Planning Department. (P) 16 Covenants. Prior to or in conjunction with the recordation of the subdivision plat, the Developer shall record restrictive covenants (the "Covenants"). At a minimum, the Covenants shall establish an architectural control committee (the "ARC"). The ARC shall include, in addition to the Developer's representatives, one member from the Summerford Homeowners Association. Further, the Covenants shall provide for: (1) the maintenance of the Open Space; (2) the manner of review and approval by the ARC; and (3) the architectural standards and/or guidelines to be used for the approval of the architectural elevations of the dwelling units on the Property. The ARC shall determine compatibility of structures. (P) 17 Stormwater Management. Any on site stormwater management facility shall be installed underground. (mm) 18 Landscapinq. Landscaping, to include a minimum of ten (10) medium shrubs and two (2) trees [either two (2) evergreens or two (2) small deciduous or a combination thereof], shall be provided on each lot. Landscaping shall comply with the requirements of Zoning Ordinance Sections 19 516 and 19 518 (a), (b), (c), (e), and (f). The landscaping shall be designed to minimize the predominance of building mass and paved areas, to define private spaces, and to enhance the residential character of the development. A landscaping plan, prepared pursuant to Zoning Ordinance Section 19 517 (b), shall be submitted for each individual lot prior to the issuance of a building permit on said lot. The Planning Department shall approve the spacing, arrangement, and species of the plantings for each landscaping plan. (P) Ayes: Warren, Humphrey, Barber, McHale and Miller. Nays: None. 8/23/00 00 605