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15SN0626CASE NUMBER: 15SN0626 APPLICANT: Vernon McClure CHESTERFIELD COUNTY, VIRGINIA STAFF'S ANALYSIS Magisterial District: CLOVER HILL AND \s ° RECOMMENDATION Swift CmekResewoir Board of Supervisors (BOS) Public Hearing Date: June 24, 2015 Request BOS Time Remaining: Property 365 DAYS a¢ Applicant's Agent: ANDREW SCHERZER (804-794-0571) Applicant's Contact: VERNON MCCLURE (804-794-3138) w+e HULL STREET RD Planning Department Case Manager: 5 DARLA ORR (804-717-6533) APPLICANT'S REQUEST Amendment of zoning (Case 06SN0174) to reduce cash proffers in a Residential (R-12) District. Specifically, the applicant requests to amend Proffered Condition 2 of Case 06SNO174 to reduce the cash proffer to the Board's maximum acceptable cash proffer and to delay the escalator as outlined in the Cash Proffer Policy, with an additional stipulation that the escalation adjustment shall not cause the total payment to exceed the amount of the maximum cash proffer in the cash proffer policy in effect at the time of the payment. Single family residential dwellings are being developed as Lee's Forest subdivision. OTE: The only condition that may be imposed is a buffer condition. The property owner may proffer conditions. 01111401 Dili LTA I The purpose of this Addendum is to remind the Board of their rules regarding their consideration of proffered conditions submitted after public advertisement of a zoning case. The Proffered Condition in Attachment 1 of the staff report was revised by the applicant on June 15, 2015. This revision was submitted after public advertisement of this case. The Board of Supervisors must unanimously agree to suspend their rules in order to consider the revised Proffered Condition. (Attachment 1) Staff continues to recommend denial of this case, as outlined on the next page. Providing a FIRST CHOICE community through excellence in public service RECOMMENDATION PLANNING RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED COMMISSION CONDITION IN ATTACHMENT 2 (5/19/15) RECOMMEND DENIAL* The Proffered Condition, as modified, limits ability to address STAFF capital facility needs *It is important to note the change in staff's recommendation from that presented at the Planning Commission based on the applicant's modification of the Proffered Condition. (Attachment 1) 15SNO626-2015J U N24-BOS-ADD CASE NUMBER: 15SN0626 APPLICANT: Vernon McClure RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CHESTERFIELD COUNTY, VIRGINIA STAFF'S ANALYSIS Magisterial District: CLOVER HILL AND RECOMMEND DENIAL* Proffered condition, as modified, limits ability to address capital \s ° RECOMMENDATION facility needs *It is important to note the change in staff's recommendation based on the applicant's modification of the Proffered Condition. (Attachment 1) Swift CmekResewoir Board of Supervisors (BOS) Public Hearing Date: June 24, 2015 Request BOS Time Remaining: Property 365 DAYS a¢ Applicant's Agent: ANDREW SCHERZER (804-794-0571) Applicant's Contact: VERNON MCCLURE (804-794-3138) w+e HULL STREET RD Planning Department Case Manager: 5 DARLA ORR (804-717-6533) APPLICANT'S REQUEST Amendment of zoning (Case 06SN0174) to reduce cash proffers in a Residential (R-12) District. Specifically, the applicant requests to amend Proffered Condition 2 of Case 06SNO174 to reduce the cash proffer to the Board's maximum acceptable cash proffer and to delay the escalator as outlined in the Cash Proffer Policy, with an additional stipulation that the escalation adjustment shall not cause the total payment to exceed the amount of the maximum cash proffer in the cash proffer policy in effect at the time of the payment. Single family residential dwellings are being developed as Lee's Forest subdivision. (NOTES: A. The only condition that may be imposed is a buffer condition. The property owner may proffer conditions. B. The proffered condition amended by the Applicant on 6/10/2015 is located in Attachment 1 C. The proffered condition recommended by the Commission is located in Attachment 2 D. Approved conditions of Case 06SNO174 are located in Attachment 3 RECOMMENDATION PLANNING RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED COMMISSION CONDITION IN ATTACHMENT 2 (5/19/15) RECOMMEND DENIAL* Proffered condition, as modified, limits ability to address capital STAFF facility needs *It is important to note the change in staff's recommendation based on the applicant's modification of the Proffered Condition. (Attachment 1) Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES Department Issue PLANNING BUDGET AND MANAGEMENT The proffered condition (Attachment 1) limiting the Marshall and Swift Building Cost Index escalation from exceeding the Board's maximum cash proffer limits the ability to address capital facility needs FIRE PARKS AND RECREATION LIBRARIES SCHOOLS CDOT VDOT UTILITIES ENVIRONMENTAL ENGINEERING 15SNO626-2015J U N24-BOS-RPT Map 2: Comprehensive Plan Classification: SUBURBAN RESIDENTIAL I This designation suggests the property is appropriate for single family residential use of a maximum of 2.0 dwellings per acre N Subject Property gacc c Fleet "' S Map 3: Surrounding Land Uses & Development oaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai =- family residential — St. Clair, Lands End ' ' Commercial use Career & Technical Center Temie Lee Parkway y 4 "Street N +IE S 4 15SN0626-2015J U N24-BOS-RPT ZONING HISTORY Case Number BOS Action Request • Rezone A to R-12; Single family development with maximum of 25 lots • Approved conditions: APPROVED -Address minimum lot size, foundation treatment, 06SNO174 5/24/2006 tree preservation and sidewalks - Require minimum house size (gross floor area) — 2,200 and 2,500 square feet - Cash proffer of $15,600 per dwelling unit Attachment 2 15SNO626-2015J U N24-BOS-RPT The need for schools, parks, libraries, fire stations and transportation facilities in this area is identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Adopted Capital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. This proposed 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 $21,261 per unit. The original zoning case (06SN0174) was approved in May 2006 with a density of 25 units and with the maximum cash proffer at the time of $15,600 per dwelling units (currently escalated by the Marshall and Swift Building Cost Index to $22,245 per unit). The applicant has requested to reduce the previously approved cash proffers of $15,600 (currently escalated to $22,245) to the current maximum of $18,966 per unit. Traditionally, cash proffers would remain unchanged for a period of four years after which they would be escalated by the cumulative change in the Marshall and Swift Building Cost Index, a provision recently adopted by the Board of Supervisors. However, in this case the applicant has requested that the cash proffer payment, as adjusted by the Marshall and Swift Building Cost Index, not exceed the Board established maximum cash proffer in effect at the time of payment. This request deviates from the cash proffer policy regarding the Marshall and Swift Building Cost Index adjustment. While appropriate to maintain the cash proffer of $15,600 (currently escalated to $22,245) approved with case 06SN0106, the Board of Supervisors has set the current maximum cash proffer at $18,966, an amount lower than the escalated cash proffer amount as approved with the original case. However, staff does not support the proffered condition limiting the Marshall and Swift Building Cost Index escalation at the maximum cash proffer. Doing so would prevent the county from collecting payments in an amount two (2) to four (4) percent higher per year than the proposed proffered amounts, thereby limiting the ability to address capital facility needs. (Reference Attachment 1) Note that circumstances relevant to this case, as presented by the applicant, have been reviewed, and it has been determined that it is appropriate to accept the maximum cash proffer of $18,966 for each dwelling unit. 6 15SN0626-2015J U N24-BOS-RPT Per Dwelling Unit Impact on 25(1) Capital Facilities Potential Units Facility Categories FY15 Calculated Impact Cash Proffer on Existing Zoning Applicant's Proposal (Current BOS Maximum) Total $21,261 $22,245 $18,966 Overall Impact on Capital Facilities Schools $234,400 $249,675 $209,100 Parks $33,175 $33,800 $29,600 Libraries $8,500 $10,000 $7,575 Fire Stations $19,650 $16,350 $17,525 Roads $235,800 $255,350 $210,350 Total $531,525 $565,175 $474,150 ')Based on a proffered maximum of 25 lots per zoning case 06SN0174. The actual number of lots and corresponding impact may vary. 15SNO626-2015J U N24-BOS-RPT FIRE SERVICE Staff Contact: Greg Smith (804-706-2012) smithgd@chesterfield.gov The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County -wide Fire & EMS Service Information & Needs Estimated Number of Calls for Recommendations for Fire Stations New 5 Replacement/Revitalization Impacts 4 by 2022 i Fire 24% 2011 Incidents as a percent of total EMS (Emergency Medical Services) 76% Fire/EMS Increases in Call Volume from 2001 and 2011 44% County Population Increase from 17 2001 to 2011 1 With the aging of population, medical emergency incidents are expected to increase faster than the rate of population growth overtime. Fire Service - Project Impacts Estimated Number of Calls for 5 Service Annually Applicant's Proposal to Address Reference 'Financial Impact On Capital Facilities' Section Impacts 1 The financial impact of residential development on fire facilities is addressed in the "Financial Impact on Capital Facilities" section of the report. Additional Information: Information relative to nearby fire and emergency service facilities can be found in Attachment 4. 8 15SNO626-2015J U N24-BOS-RPT PARKS AND RECREATION Staff Contact: Brian Geouge (318-8720) geougeb@chesterfield.gov The County supports a high-quality park system to provide residents and visitors with equitable access to active and passive recreation opportunities. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County -wide Parks and Recreation Needs Park Type Number of New Parks Aggregate Acreage Regional 3 600 Community 10 790 Neighborhood 9 180 Special Purpose 3 1 - Urban 2 - - Linear 3 - - 1 The Public Facilities Plan notes facility recommendations for water-based parks. All other facilities are acquired and developed on a site -by -site basis. Z Facilities are recommended in urban areas where there is limited acreage available for park development. 3 Facility needs are assessed on a site -by -site basis as recommended in the Public Facilities Plan. Parks and Recreation — Project Impacts 2012 County Level of Service 5.9 Acres of Regional, Community and/or Neighborhood parkland per 1,000 persons Target Level of Service 9 Acres of Regional, Community and/or Neighborhood parkland per 1,000 persons Applicant's Proposal to Address 1 Reference 'Financial Impact On Capital Facilities' Section Impacts 1 The financial impact of residential development on parks facilities is addressed in the "Financial Impact on Capital Facilities" section of the report. Additional Information: Information relative to nearby parks and recreation facilities can be found in Attachment 4. 9 15SNO626-2015J U N24-BOS-RPT LIBRARIES Staff Contact: Debra Winecoff (751-4475) winecoffd@chesterfield.gov The public library system's role in the county has expanded beyond its traditional function as a resource for information and materials, and now serves as a community gathering place for educational, cultural and informational services; community support during emergencies; economic development; and revitalization activities. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County -wide Library Needs Facility Action County -wide Facility Needs Expand or Replace 5 Libraries Construction of New Facilities • 5 Libraries • 1 Community Arts Center Libraries - Project Impacts 2011 County Level of Service 0.45 square feet of library space per person Standard Level of Service 0.82 square feet of library space per person Applicant's Proposal to Address Impacts Reference 'Financial Impact On Capital Facilities' Section 1 The financial impact of residential development on library facilities is addressed in the "Financial Impact on Capital Facilities" section of the report. Additional Library Information: Information relative to nearby library facilities can be found in Attachment 4. 10 15SNO626-2015J U N24-BOS-RPT SCHOOLS Staff Contact: Dr. Cynthia O. Richardson (318-8740) cynthia_o_richardson@ccpsnet.net High performing, high quality public schools contribute to the quality of life and economic vitality of the County. The Comprehensive Plan suggests a greater focus should be placed on linking schools with communities by providing greater access, flexible designs and locations that better meet the needs of the communities in which they are located. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County -wide School Needs School Types Facilities to Revitalize/Replace New Facilities Elementary 16 3 Middle 6 2 High 2 3 Technical - 1 Schools - Project Impacts Average Student Yield Elementary 5 Middle 3 High 4 Tota 1 12 Applicant's Proposal to Address Impacts Reference 'Financial Impact On Capital Facilities' Section 1 The financial impact of residential development on school facilities is addressed in the "Financial Impact on Capital Facilities" section of the report. Additional Information: After review of this request, based on current school assignments and student enrollment the proposed rezoning case will have an impact on schools. It is possible that over time this case, combined with other tentative residential developments and other zoning cases in the area will continue to push these schools to their capacity and therefore impact the capacity of facilities division -wide. Information relative to schools currently serving area can be found in Attachment 4. 11 15SNO626-2015J U N24-BOS-RPT COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov Staff Contact: Steve Adams (804-751-4461) adamss@chesterfield.gov The Comprehensive Plan, which includes transportation needs that are expected to anticipated traffic impact of the proposal detailed in the chart below: the Thoroughfare Plan, identifies county -wide mitigate traffic impacts of future growth. The has been evaluated and recommendations are Recommendation Applicant's Proposal Cash Proffer Policy Ref erence'Financial Impact On Capital Facilities' Section To date, no comments have been received from the Virginia Department of Transportation (VDOT). 12 15SNO626-2015J U N24-BOS-RPT The proposal's impacts on the County's utility system are detailed in the chart below: Water and Wastewater Systems Currently Serviced? Size of Existing Line Connection Required by County Code? Water No 8" Yes Wastewater No 8" Yes The proposed request will not impact the public water and wastewater systems. Environmental Engineering has no comment on this request. 13 15SN0626-2015J U N24-BOS-RPT CASE HISTORY Applicant Submittals 2/9/2015 Application submitted 4/13/2015 Application & proffered condition amended 5/18/15 Revised proffered condition submitted 5/19/2015 Revision made on 5/18/2015 to proffered condition was withdrawn 6/10/2015 Revised proffered condition submitted 6/15/2015 Revised proffered condition submitted (Reference Attachment 1) Planning Commission Meeting 5/19/15 Citizen Comments: No one spoke to this request Commission Discussion: • Staff noted their inability to thoroughly review the amended proffered condition due to the lateness of the submittal • Budget explained the modification in the language to prevent the escalator from exceeding the Board's maximum acceptable cash proffer at the time of payment was not addressed in the Board's policy • Given staff's position, the applicant withdrew the revised proffered condition and asked the Commission to recommend approval of the request with the cash payment of $18,966 and the four year delay in the escalator without a cap in the escalated payment. Recommendation — APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION IN ATTACHMENT 2 Motion: Gulley Second: Patton AYES: Gulley, Waller, Brown, Patton and Wallin The Board of Supervisors on Wednesday, June 24, 2015, beginning at 6:30 p.m., will consider this request. 14 15SNO626-2015J U N24-BOS-RPT With the approval of this request, Proffered Condition 2 of Case 06SN0174 shall be amended as outlined below. All other conditions of Case 06SN0174 shall remain in force and effect. Cash Proffer. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: A. $18,966.00 per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors' approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulate change in the Marshall and Swift Building Cost Index during that time period except that the adjustment shall not cause the total amount paid to exceed the maximum cash proffer in the cash proffer policy in effect at the time of the payment. B. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year except that the adjustment shall not cause the total amount paid to exceed the maximum cash proffer in the cash proffer policy in effect at the time of the payment. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B) 15 15SN0626-2015J U N24-BOS-RPT ATTACHMENT 2 Note: (STAFF/CPC) — Recommended by the Planning Commission and Staff With the approval of this request, Proffered Condition 2 of Case 06SN0174 shall be amended as outlined below. All other conditions of Case 06SN0174 shall remain in force and effect. (STAFF/CPC) Cash Proffer. For each dwelling unit, the applicant, sub -divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: A. $18,966.00 per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors' approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulate change in the Marshall and Swift Building Cost Index during that time period. B. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B) 16 15SN0626-2015J U N24-BOS-RPT �:j I "'!,J to I r'JP 1, i (� a I -- lo o a C "AR0 i,• f 1 k:c> , a 1" r L"J'mwl r I 1 'n k51 Mr r by Mr. M!7 1 or, tho Ward 'U'6' unt ]AL 6 on I 06SH0174 In Clover Hill MagimVerial District, KEVIN BOTTOMS rnquvot.'.;� r"Zoning n"I amendment o r yoninq dWriat nwpG V �Ml At. gr�cullkz.r,'al (A) to Reoidential (R-12). Remidential Una of up to 3.63 units per nor* im permittmd in a Remidential (R- 12) Dietz ict. Tho Gompanhonsive Plan suggests tho property m Mp r y" i a I" f m: n i my P fam 1 3 y ren i,',J,,n t- i,.,1. u1. - Of" per =10 QL lose. This iwquest lies w 14" awtow lying off the nortlmnamt ern teLminuo wE St. ElizMDeth Drivew, ly.img GUO feet off the norNwrn ten"mum W Mmie 1,..;x 1' Twn "I'l) of' Mr. Turner proonntnd a sn"mary of Cace OCSNO174 and statwl I("" �1'�inndnq t 1.1"� "? 0 0 a '="' n"'i "-Af the? r . A rlar a r Y v r , rapre-ting uh- arp, WAnt, stat od th"� tqr. ("':Lnq for No Ono CWWO 1OLWOW In, spook LO tho La"Tmat. In Mr, ru"Cfered ralative IX) ruot-wtHm of a'Jhc- wivirvmiment through to On motion of Mr. Wrron, wacnndad by Mr. Millee, the QnawA ,Gal has oved Caue 0GSN0J?4 and aQc*ptwd the Wilowing 1 ufIfern-1 nwj �uh'divicle.l , 'r f0a I owi nn for WASM""a"Urn i,nProvomento within IJO, narvi", di,sWur rbo t", '31: ChenterfiaJd prior to the ismmnce W buildirul p"wmit: A. $1.06nO.00 per (Wollinq nmin if paid rvi"r to.pall 1, FDOG; Or Th., ,am,''olnt the B":"'art :'-t' I o :�ej $15,600.00 FWM AwIllryl unit acjuvv rAJ u"WeLd by 0"Y Anowave W nhe 1°w1whall a"d swift fuly 1, 2009, aml Jul,r I of the fiucal year in which the pal"ant io mWo, :if rp,-�J.ri 2006. rMrPosaw rMajF"rad aA W"WrWiss pwwittW9 oy, 06-471 05/24/06 17 15SN0626-2015J U N24-BOS-RPT Th,e dewity of this developmeW shall nvxt exceed InnOILY Hl", 12 5) W.011HY oarsKn. (P) Excqwt for niramt ing approv,�,,,J by Vir,.).inia, S t a t ",f kxl 1 -hu", tof" d'i�':I(J 0r ;W 'rt.;,0.+.^f 4 t 101 , k W" ,;a *Nd 1, LIO ]JI(I 1', r Cl t I r i 9 1 Kj OTI l- h :, P r c,,,F ,) r ty' , I n I',1, 1 L1 I ""a I I J d '. hyrbwwa po"a t too Low" Wained Hum dire Envirwmenrtal AOW. Wmn Dep ,or Pmki- al Nne developer shall convert the existing SWUhn, devioe by conntmmAing Phane 11 of the original on 1"J'A1o"'] "' ""pk' i l Iq V]r.11 p.T. �rocl L: O'l 1:'Y P.3'::i] and Aa) oci-� t f ric. ora] 131 ph 5cl-t'.:'C-I. All k"own as Aunt Satah'sl and that Wich drains from tW,., JJ F5,1111- At ;hall la"., 'I.Irlj.Y a➢10r"r T' -"I" -r ID V2n67nI?z% (CK"Wr Hill HIVI SOW031 0"1 YAW] be designed with both sabmy ar, a,mthw LamMe8. The design; of the fence, safety bench andeyquati,,., h', I r a 7 h 1! lal I IJ',, )'., Cod Lo V t, 1 1: jo q nd r Iv.J. r ,T I ITT el1: a 1. nj E prk-o and tor the SOISIN of &jVVMterfWWj CWWAY, in a form i. A fnty "01 fw" th C, f" th""a swTV frcm r, f t -ho - SMV R?"4F, I t¢ I o I I'� h."", I.Itility he no clearing or gradimof jai thin t hi If C-.ering r qLadill-..'[ reWWal WOWILI KUP MaSeIMOV. A fniniroRn of on,_, 11 V.e k prior t 0 eWn4ng, the Vow I / rlaq the limits OE cleariw"'j for inap"Wor, toy Wy Plaroibig, F"Olikien; arc[ Moviturunwital illy a6 'w'r.'11. as tri C: 1 r -v t' r, t PI a i `L ni, C ornm JJ. ':"roz, i,',' . p� imir,.Lmum of F,.., r t y- q I I t f 40 It on r s p r i a r o n y cl ea r i Ia q C" "I, t 'e, r" i t I'd, T-) W to fif, 1, (Y" foot 'INSOW"r"I hot U"Y purlm"Yo of to tA'v"." t.i 1-' Y Ut-iliriar,;n' f?nV i r cqawon ( a I Emig AWWW i my and Plannmr.r, F)Cf 0 1, 1, m ";' � it?.- "I y', i'�: l�. PI 'j i, I 1 'l r - """ pia 2 j (""' d a1.r b,• An innewma Co"I O"Al Q f uwp'v� ( ":'o I -n I t Y r t If.j.- n t: t" ,a I ),:1 1. 1, re:. V'. , l' 14.:n. -L I Viotrict I'lanon ing (Numimmoner ohall be or. - site Vulmg thinclearing process. Subse,snO, 06-472 OS/2 4/06 18 15SN0626-2015J U N24-BOS-RPT ins 4 b1l ed I I-q�-J d'�' Let ad I led � I,-, r� icl 0�? la;" 1_I I e ,nvi rnnmn-ntal n g i n r, c" r i ng I) np a r ti I'l """. r) t S, If, KK & I') ii. Ali nv raaw^sr &_Luund Llama SS,,'M/DMP, _'E a widLlJ Ile' t--' r- Y to JC: r,,-riramnd a to pee -J " :-a t r i an U11WAaI_1`W1 M LWY by allU&qdZed POrMMUM1. T t ri r, u a,- umc, � i L mA3a 1_x_. 1 u,_ & i of Ll i i t i Lha�� hm inda r i en of t I i w H M I I :ral a1 as at. norma I y I uq U i I ad by Lhe E i i v it u i i E i La i L La 1 E I L ,I i I L 1. 1 1 g Dwi -r Li� i (_, z i _ . Tri::, ui ,:5 u i ri,_, E L s I i ,i 11 L._, 1 .i I- ud, war t h i n th a f ei i r a,,t "l er! 1, i a41 1 3-1 ti �)n 5 A). Th�_, Aa Il bo yn&Wd MIJ, a wiyL bLaLiny: L (-' sp;Lt ,5 I I Y - F ", E A,,,a L I L ii .,,d Permwnpl My." (S) (NiDTE: Th,'_purposo of (_c,ndition 5.c. is tr,.',providc a U,Tatcr (Thility henchinj irtta nnrth C thct SlT4/F-MT'1 and an ar::un'-J the swm/r"I'm. D- i ; the intent that the S4OM/FNll" an;J thc arc'a north of th.,! Sl;vl,,[/'BMP ]vc, uscd by scvcral schools for- t h-" e I I rpo•'.F, a f VT,Itrr , I I I ,_l I i t y I u c-" n i t o r i I -t "'; h e�-" h rJ i q ; a ,:-, in the 171WIVD1,12 at -id the +_-cuttic-w into the creek, north of the SWMIJ:�MP, loading to tho SWft Crook Moservoir. I is also thc', int wnt t ha at. the area We uo ed tc, �; t _L d y the b a rimtit. t providinq tree -save areas a5 riparian corriMms adjacent bo crceks. Howovor, Vic arca cc,,uld bc,, usc-d for othor purpuses ac may be determMed by the County in the tuhme, oWqe" tcw 6. EW Desi2n. Any above qround tacilitiec required tor wak'��l quWANY Ur qu'_-�.I]Ay be d"]"_Jned a' -J rc-t poricls and shall W l.ands capcd or othorr isc. improved oo that the tacnities become vi5ual enhancemento to, and wnwdLieu Lux, Aie, AL Lli L.t.rruw ui picin IWO MO a yd An dMbUing this roqub"went shall M. allmined tor review and appruv'-�i. {EE} 7. Sidmwlks. sidmoalks shnll nn 1�,nth slrlf Tomis has Parkway and the axternion of St. WnM.r�ath Drive. Tha _)E ':Aictll apprnvncl at th(.-,, tim(., of; plan rnvin,,T,. (P) B. All lcI ala, 11. hr:ave _u ;..0 1r Dzivw nrrl Terlie hekF, Park,r"ayr. ( P) 9. Th,r minimum luL li shtAll l",000 'f.qUaLe fa�I_ iccl:r. nfl'aIltting 51i1-,-,1ivini,7-n r-;hnll cnnt.riin a minim= nt I K MO sqwne fe". T,,-rtra bi, i f. t i rig T,,ann End Sjudiviniun Mall uuMaln a mlidmum uf 43,250 uquai,� feRt. Should any open npaca, he prnvidM hWmeen the pnonnaxl Intm anal t I [a Tidja, -!a'n't '-"111%divi ni onn r� --c t _he mialim'_wl 1 1_1 I- 1Z Q � sA(_A_�d i a C-1 Q i E L AL�All c' n 1-1 t i n I I (� to iqpply FA"; thou ' -'[h no opF�n ths hA-n trc-,M T") a, M a x i la I f-1 §,-, f two {2. I ot."; :"hal I jp"rnli ahlit. the T'andn' F'rld (11", I I D"'7a I i ng u n i t. r" -, h a I I h, V vs a T11 I n i lmml C. f 00 r; q I I a T, a t R"t ,at grno. ti or area adja(_-�ent to Lanr:L_,, End and uthohnra 6UAiA6Km5 &W 2,2DO wquaiw EvuL uE yiubw fl niiur-1 adjacont to St. Clair suk�,division. Should any open :Wace be provided between the proWned iota and the. 06-473 05/24/06 19 15SN0626-2015J U N24-BOS-RPT I d j a c' -, T-1 t- I I i "T i I -t r; n .d h - r e, i r� , t h m i ri i �Ci [ i i i i -i (-JV,T I I i Ft wAL snem nuLed Iminin whall. own4hiun Qu ogply a.,-; Lhuuqh nu open sI' aue _hie proj'-,u,� �-d i( -,Lt; I.roul Lhe(D I & P) ill 1. F.".-)rtions of th,e fc,undati,-2n of W16 nc-w y1wo I I i ng unit sh a I I M F a cnrl ti,,Ti th rn- ti ck -,r I,. ExposvJ piers supporting front pooches shall be f1cod or ural` & P) 13. A ninqJa rmq of ever T r et, -,n tree,�-', or ,i3rii lar s pe _ire,: ,-; ul-, j le u L Lu Plwadnq DymiLwouL apW unal) i minimum oE six (6) foot in freight at time of planting, Mail bu pluoAud, L,_;n (10) EQ( -,,L on along the uphill side of the, EPP, located on lots that ablit. SIA-J(Jivirlinn. Th,, (-.t 1 !-a n C3 a F-? i l I g h a I 1 1-.' e, r-1 jpp r n T -, "i 1jY t I I �-' r I I '-o-[ r� i n g (P F, F,F„) plat n Owl I of A"I I he t M ad � ap t. fair rF-rr, i d e, r, t i P, I Purpore:1. J", ini Val Q*,rovwue:As in"udin, WyAout 11MMakiml, a Molloy, b"MdMMY d L "W An le, Ut ar-id i t i rj n such a S 3 carport, ':l ri p C' r ' I", , j a 1 k , z .,,of, 1 am j> .f� L , f 1.:.}r xa tJ.ui1"Jing S, 1 an'Jscap, i ng antenria Cop t a s PerPri i tt�-�d by 1 -0,7 ) , o; ' -' 'I F1 i lrar ,-1r ri ( : e m (-. -1 j n' -j t--' in the exterior coMm or oidinq material ohal I be made, wrartw" n1tered, (or ral` lanwi inOesn two ne&-� W dyLaiied plans and iiif-iuJillq i NiLe—plan WuaLiia all suNi AVo wwm" A a and denutilving exLetiuz (me--�Lezi;-.il anJ including roof) havo first IDccri sulalmittc,'d tr.:, and a1:pr—o7cd by Dcclarant in writir',,q_ I le 1'a r a I Y t. I' -, r V ; In t. e Y i, t I f the' r i ght cared In r ,,- i C P" -f e, t-. (o I I �-' t l-1 I I q ar -' ➢ i I -L v'l o' te r r I e , '-" e "'F a I i T� e �-� , C��, t 0, T'-Tfl 10,,ZF� r r7 , F' , I t--, 1! t-. T'- i , ; I i F] e , t 1.r� El, F� � I (-M e, -V, rid teie'-'Iraph poles, lines and wires, and othlel: ill l and in Lhre zL11,3 and Idne's 'uf I -hu and LuyLanL 1.,U ,LILUL Or any or all of such right.s and privileges, but tho roscrvation of such ric[hts shall not rnliovn any grantno Mom tho obligation to pny the unual and nustomary char es mnde with z espec 4 Lu Ids LuL Um Me KwLdiluLiwi aWAL I in consi,-1cring rcqucsts f . approval of fc-ric'-sand lWYO., Lhe EM10WIng Yenl-L,11 gUidelillry,J, Will he applied: Wo fc',nao shill Ian pcormittmi in nm Pmnt yarl-3 of any Let the h)uilding s,,-tbaick line ' 71, l" -j ' -, t. r, e 1-. 1 i T) " ) . 1. No tenne am hmdqe ;ohn I I dela t , r ,r I fl y e r I r1 ,,A hiqhez Lh�,iu '18 in�:het', uE:tarty Li -:,I -. iii. 1111U, link E -- I I ,_. e'-" ".) f u L I I e I. 06-474 05/24/06 20 15SN0626-2015J U N24-BOS-RPT materials similar in nature or appearance will be permitted on any Lot. e) Declarant may in its absolute discretion waive or modify these guidelines and consider such other criteria as it shall deem appropriate. f) No sign of any kind shall be displayed to public view on any Lot, unless first approved in writing by Declarant, except on sign of not more than four (4) square feet advertising the property for sale or rent, or signs used by a the initial construction and sales period. g) No use shall be made of any Lot, or any part thereof which constitutes a nuisance or which would adversely affect the value or marketability of other Lots, No stables, swine, sheep, cows, or the like shall be permitted on any Lot. All trash, garbage and/or rubbish shall be kept in sanitary containers located so as not to be visible from a public street except as necessary for limited times in connection with pickup and removal by disposal services and except during periods of construction. h) No driveway, entranceway, or sidewalk shall be constructed on any Lot unless approved as provided in paragraph b. i) No above ground swimming pools shall be permitted. No in -ground swimming pools shall be located nearer to any street line than the rear building line of the dwelling. j) No structure of a temporary character or any trailer, tent, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently. k) No trees over six (6) inches in diameter shall be removed from any Lot without the prior written approval of Declarant. 1) No portable air conditions units will be place in any window of a dwelling or other building if visible from a public street. M) No exterior television antenna (including "dish" type) or other antennas shall be permitted to extend over five (5) feet above the roofline of any building, except as permitted by law. n) No motor vehicle will be parked on or adjacent to any Lot which does not have a current state license, state inspection sticker, and county license, and no commercial vehicle, such as a school bus, delivery truck, or other large vehicle or equipment will be parked on a street in the subdivision or on any Lot. No recreational vehicle (mobile home, camping trailer, and other similar vehicles) shall be parked on a street in the Subdivision or on a Lot except in a driveway shown on plans that have been approved as provided in Paragraph b. 06-475 05/24/06 21 15SN0626-2015J U N24-BOS-RPT o) Any one or more of the covenants or restrictions imposed by paragraphs a through n above may be waived or modified, in whole or in part, as to the entire Subdivision or and part thereof, by written instrument signed by Declarant and recorded where these restrictions are recorded. P) In addition to the foregoing conditions and restrictions, the Lots shall be subject to easements for drainage and utilities, including power and telephone lines, as shown on the plat, and any other easements of record at the time of conveyance of any Lot. q) Invalidation of any one of the provisions of these restrictions by judgement, court order, or otherwise shall in no way affect any of the other provisions which shall remain in full force and effect. r) Declarant reserves the right to assign and transfer to any person, persons, or entity some or all of its rights provided herein and in such event such transferee shall have and may exercise all such rights to the same extent as if he, they, or it were the Declarant. S) Declarant shall have the full right and privilege to enforce all restrictions and conditions contained herein by appropriate proceeding at law for damages and/or in equity for appropriate injunctive relief and restraining orders to prevent violations, or to require violations to be corrected, together with damages sustained including, without limitation, attorneys' fees and costs. In addition, any Owner shall have, after seventy-five percent (75$) or more of the Lots have been conveyed to purchasers other than builders, the right to enforce compliance with these restrictions as provided in this paragraph. t) These restrictions shall run with the land and be binding upon any and all succeeding owners, their personal representatives, estates, heirs, devisees, assigns, or successors in interest or any other partied having or taking an interest in or to the Property, or any part thereof, and shall automatically be extended for successive periods of ten (10) years unless otherwise provided in a written instrument executed by the owners of a majority of the Lots in the Subdivision unless a release, waiver, or breach of any one or more of the restrictions contained herein or any part thereof is required or agreed to by a court or governmental authority having jurisdiction over the Property. U) The Declarant hereby reserves the right, at Declarant's sole discretion, to add the Additional Land to the property subject to the Declaration of Protective Covenants. V) The covenants and restrictions of this Declaration shall run with and bind the Properties and the Owners, for a term of twenty (20) years from the 06-476 05/24/06 22 15SNO626-2015JUN24-BOS-RPT We t1us Ocalmatic,n is rc-crdcd, attar 1,71-dch timc t-Ine", ci'laii 1"'e 01.rt'--ifl'aticai.ly tor three (-2) ,-j u, ka, "7!, j PeLiudL I. Yi (1 {1 revokal by n remorAW immment PKOWtOl key thR Onmerm A a mal city A the Into rubjmt hereto. W, I" Prior to tentative 5WAvision apDmmal, the developer shall sAmit cartificathm to the Planning Oopartmont. that ail aQacmt fosAy omms of reond in the D,WmaiN of K,al EfLaLe, Lh, iayi- I �--,p I, ti ve c)f 7, -Ii I ih�: I ii A at ion m -i file WA We Pian! dny Dyjan"amint aid Un CL ver Hill D16LL12L Pldmdiql TAimilbblap" Uri bum imLifiol A writinj ot the ouiaimion Q the teutak ive plan to the Cmuty No mHow and aozo"I. The tcrMativr, ?LrIh,,livisii-,n nr,t, hr. 7rmF1C,?7,, III i L 11 ,z, Lu -r 1`i YLi i i,-: u 1. 1 u I I I �L t" t. 5", a,- i , a" ubmi L C ed t,-' .1 4,Y Plaiinizig DHj-,ai L,meiii-. The (15day jjLi(-d ;TPP11 to the Flanniniq riot ammam, WA -11 UUWA UULLIfludUm Iwo WOU PLUVOWL (P� Aye-,: Miller, Eiark,er, 14um.phrey ancl Warren. J'lays: llrinc. 06SH0209 I'layi,,ftuLial Di.,jti.irA, CLOVER HILL ASSEMDILY OR011111i"CD tf,-ie an"', 11m,'In'timen to a, 7Yllrat'? c, 1. and --;hiid care t i 1-1 1,g ric, u ra 1. f,V District. The diansity of such I, Lni 1. e'd by z I n q c --, nd i t i,.,l L-,,5 -1P?11 jUg,jeoL,:5 le a rip F, T- i a t e, Q r M Q R fafl1i I '�' re�, i de,v-i7i A IPA of 2.0 1 m i W, -)L leN. Thie IMumL 1"3 a, 10 pAV mA A Omm u5 12320 BAWyNIQLAyu Ruud. Tax IDU 0067,} 19'79!A UNM md Pmt of: "N��1(h". 00000000,,, Mr Tnrn�,.-.r ML. Paul mpll"n" nowd rc,commcndat,l.,:in is ,I, I-- --al-I Mr. Kinq fol: c',minont. uuu' ull,; ualae m L QL1iL Mm t I. V PH qNiii Road projant 7;',Hilimphre"', n, h ', Pi ,� InSAway W I, Luc Chu Widipj a& Ad= in vini"ity Q ;IWA hurc�h. 12" Hmm. DVy Carl mad,,u moticri, sc,.,,onded by 1,1r. 'tlN-rbcr, uppt"pre Ca.,,eAS�10209 dnd I,H, 'NoLLr-ied M I III w� L 1.) � I. o I - �1 he i la,�- du E 1 v,� L t �,j p ij�� 1 1 4-j fur tho ,art qty cf traiv,el in this 06-477 Oq2496 23 15SN0626-2015J U N24-BOS-RPT Schools Currently Serving Area Fire Station Clover Hill EMS Facility Clover Hill Fire Station, Company Number 7 Library Clover Hill Library Swift Creek Clover Hill Elementary Middle School High School School Capacity Q Q Q Categories �E cn N ro N ro _� a'.' U U C6 _� a'.' U U C6 _> a'.' U U C6 Current E ro U E ro U E ro U and � �' o LL �' o LL �' o Projected Figures2 2014 795 723 110 1015 1021 99 1861 1750 106 2015 805 - 111 993 - 97 1871 - 107 2016 821 - 114 962 - 94 1899 - 109 2021 838 - 116 877 - 86 1925 - 110 Trailers Number of Trailers 1 8 3 0 1 Trailers are not identified in the staff report for schools under 90% capacity. Z Disclaimer: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS. They are based on the September 30 membership and Space Utilization Study Report for a given year. School boundary adjustments may be made to address over capacity levels. Nearby Public Facilities Fire Station Clover Hill Fire Station, Company Number 7 EMS Facility Clover Hill Fire Station, Company Number 7 Library Clover Hill Library Parks & Recreation Woodlake Athletic Complex and Spring Run Athletic Complex 24 15SN0626-2015J U N24-BOS-RPT