15SN0652
CASE NUMBER: 15SN0652
APPLICANT: JMS Investments, LLC and J. Mark Sowers
CHESTERFIELD COUNTY, VIRGINIA
MagisterialDistrict:MIDLOTHIAN
1600 Huguenot Springs Road
ADDENDUM
Board of Supervisors (BOS)
Public Hearing Date:
AUGUST 26, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
MATT SOWERS
(804-794-6836)
Applicant’s Contact:
J. MARK SOWERS
(804-794-6836)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
REQUEST I: Rezoning from Agricultural (A) to Residential (R-25).
REQUEST II: Permit an exception to Section 18-60of the Utility Ordinance for the required
connection to thepublic sewer system.
A single-family residential subdivision is planned. Density would be limited to one (1) dwelling
unit per acre(Proffer Condition 7), yielding approximately 48 dwelling units. The subdivision
would be serviced by individual septic systems.
Notes:
A.The only condition that may be imposed is a buffer condition for the rezoning request. The property
owner may proffer conditions.
B.Conditions may be imposed for the exception to Section 18-60 of the Utility Ordinance.
C.Proffered conditions are located in Attachment 1.
ADDENDUM
The purpose of this Addendum is to provide the Applicant’s revised proffered condition and resulting
modified comments from staff.A revision to the proffered condition was submitted after public
advertisement of this case. The Board of Supervisors must unanimously agree to suspend their
proceduresin order to consider this revised proffered condition.
Providing a FIRST CHOICE community through excellence in public service
ADDENDUM(CONTINUED)
On August 12, 2015, the applicant submitted a modifiedproffered condition that revises thecash
proffer allocation to capital facilities. The applicant has proffered to increase the allocation of the
cash proffer paymentfor the Schools capital facilities to be the full calculated impact. To facilitate
this increase, the applicant would pro-rate a corresponding reductionin the remaining capital
facilities categories. An update to “Budget and Management” and each of the “Public Facilities”
sections is included with this addendum.
Staff continues to recommend denial of this request as outlined below.
RECOMMENDATION
RECOMMEND APPROVALOF REQUEST I(REZONING)
Planned residential use is compatible with existing area
PLANNING
development
COMMISSION
(7/21/2015)
RECOMMEND APPROVALOF REQUEST II (SEWER EXCEPTION)
Sewereasements will facilitate future connection to system
RECOMMEND DENIALOF REQUEST I (REZONING)
Does not complywith Plan
RECOMMEND DENIAL OF REQUEST II (SEWER EXCEPTION)
STAFF
Private system will encourage future area development that is
inconsistent with Plan
Extension of public sewer system to area properties will be
adversely impacted
215SN0652-2015AUG26-BOS-ADD
SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
The Plan suggests Corporate Office/Research & Development/Light
PLANNING
Industrial uses for the request property
BUDGET AND
-
MANAGEMENT
FIRE-
PARKS AND
-
RECREATION
LIBRARIES-
SCHOOLS -
CDOT-
VDOT-
An exception to connect to the public wastewater system would
encourage development inconsistent with Plan and adversely
impact the ability to extend public wastewater system to area
UTILITIES
properties
2013 Facility Plan provides a plan to extend public sewer to the
property after 2035
ENVIRONMENTAL
-
ENGINEERING
315SN0652-2015AUG26-BOS-ADD
FINANCIAL IMPACT ON CAPITAL FACILITIES
Budget and Management
Staff Contact: Natalie Spillman (717-8767) spillmann@chesterfield.gov
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
$23,418 per unit.
The applicanthas requested a rezoning from Agricultural (A) to Residential (R-25) with a
maximum density of one (1) dwelling unit per acre, which would yield approximately 48
dwelling units. To address the impact of this development on capital facilities, the applicant has
proffered $18,966 per dwelling unit which is the maximum cash proffer in place. If accepted,
the cash proffer would remain at $18,966 for a period of four years after which it would be
escalated by the cumulativechange in the Marshall and Swift Building Cost Index.
In this case, the applicant has proffered the full calculated amount of $9,648 for schools (in lieu
of $7,814), while allocating the remaining balance of the $18,966 pro-rated among the other
facilitycosts as follows: $911 for parks, $215 for libraries, $583 for fire stations and $7,609 for
roads. While this deviates from the Board’s pro-rated category allocations, staff is supportive of
this proffer as a means to better address the impact of this proposal on school capital facilities.
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.
Per Dwelling Unit Impact on
48*
Capital Facilities
Potential Units
FacilityApplicant's Proposal
FY16 Calculated Impact
Categories(Current BOS Maximum)
Total $23,418 $18,966
Overall Impact on Capital Facilities
Schools $463,104 $463,104
Parks$64,656 $43,728
Libraries$15,264 $10,320
Fire Stations $41,328 $27,984
Roads$539,712 $365,232
Total $1,124,064 $910,368
*Based on proffered density. The actual number of lots and corresponding impact may vary.
415SN0652-2015AUG26-BOS-ADD
PUBLIC FACILITIES
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
New5
Recommendations for Fire Stations
by 2022
Replacement/Revitalization4
Fire 24%
1
2011 Incidents as a percent of total
EMS (Emergency Medical Services)76%
Fire/EMS Increases in Call Volume
44%
from 2001 and 2011
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 over time.
Fire Service - Project Impacts
Estimated Number of Calls for
9
Service Annually
Reference “Budget and Management” discussion on
Applicant’s Proposal to Address
Page 4
1
Impacts
Proffered Condition 6
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:
When the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
Information relative to nearby fire and emergency service facilities can befound in Attachment
2.
515SN0652-2015AUG26-BOS-ADD
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 TypeNumber of New Parks Aggregate Acreage
Regional 3600
Community10 790
Neighborhood 9180
Special Purpose3 1 -
Urban 2 - -
Linear 3 - -
1
The Public Facilities Plannotes facility recommendations for water-based parks. All other facilities are acquired
and developed on a site-by-site basis.
2
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
5.9 Acres of Regional, Community and/or Neighborhood
2012 County Level of Service
parkland per 1,000 persons
9 Acres of Regional, Community and/or Neighborhood
Target Level of Service
parkland per 1,000 persons
Applicant’s Proposal to Address Reference “Budget and Management” discussion on Page 4
1
Impacts Proffered Condition 6
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 2.
615SN0652-2015AUG26-BOS-ADD
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 LibraryNeeds
Facility ActionCounty-wide Facility Needs
Expand or Replace 5 Libraries
5 Libraries
Construction of New
Facilities
1 Community Arts Center
Libraries -Project Impacts
Applicant’s Proposal to Reference “Budget and Management” discussion on Page 4
1
Address Impacts Proffered Condition 6
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 2.
715SN0652-2015AUG26-BOS-ADD
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@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/ReplaceNew Facilities
Elementary 163
Middle 62
High23
Technical-1
Schools -Project Impacts
Elementary10
Middle5
Average Student Yield
High7
Total22
Applicant’s Proposal to Reference “Budget and Management” discussion on Page 4
1
Address ImpactsProffered Condition 6
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 2.
815SN0652-2015AUG26-BOS-ADD
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifiescounty-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and recommendations are
detailed in the chart below:
RecommendationApplicant’s Proposal
Right of Way Dedication
Offered as Recommended
Proffered Condition 3
Forty-five (45) feet along Huguenot Springs Road.
Vehicular Access Control
One (1) public road access onto Huguenot Springs
Offered as Recommended
Road. Proffered Condition 4
Potential stub road right of way to western property
line.
Road Improvements
Right and left turn lanes along Huguenot Springs Road
Offered as Recommended
at the site access.
Proffered Condition 5
Cash ProfferReference “Budget and
Management” discussion on
Page 4
Proffered Condition 6
915SN0652-2015AUG26-BOS-ADD
ATTACHMENT 1
PROFFERED CONDITIONS
Notes:
A.“CPC” – Recommended by the Planning Commission only
B.On August 12, 2015, the applicant revised Proffered Condition 6. The original Proffered
Condition 6 is notated with “(CPC)” and is followed by the proffer revision, notated with
“(MODIFIED)”.
(CPC)1.Utilities. This development shall utilize public water. (U)
(CPC)2.Utility Easements. The record plat shall provide for public sewer easements in
locations acceptable to the Department of Utilities to accommodate the future
extension of public sewer. (U)
(CPC)3.Dedication. In conjunction with recordation of the initial subdivision plat or
within sixty (60) days from a written request by the Transportation Department,
whichever occurs first, forty-five (45) feet of right-of-way along the west side of
Huguenot Springs Road, measured from the centerline of that part of Huguenot
Springs Road immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
(CPC)4.Access.
a.Direct vehicular accessfrom the property to Huguenot Springs Road shall be
limited to one (1) public road. The exact location of this access shall be
approved by the Transportation Department.
b.No stub road right of way shall be recorded to the westernmost property
line, unless adequate information is provided to the county regarding the
potential development of properties further to the west (i.e., properties
within Powhatan County) and development of those properties would not
result in a violation of the Subdivision Ordinance on the property. (P, FD &T)
(CPC)5.Road Improvements. In conjunction with initial development of the property,
additional pavement shall be constructed along Huguenot Springs Road at the
approved access to provide left and right turn lanes. Any additional right-of-way
(or easements) required for these improvements shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
(CPC)6.Cash Proffers. 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 per dwelling unit for the period beginning the July 1 preceding the
Board of Supervisors’ approval of the case through July 1 four (4) years later, at
1015SN0652-2015AUG26-BOS-ADD
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. (BM)
(MODIFIED)6.Cash Proffers. 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 per dwelling unit for the period beginning the July 1 preceding the
Board of Supervisors’ approval of the case through July 1 four (4) 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.
The $18,966 will be allocated pro-rata among the facility costs as follows:
$9,648.00 for schools, $911.00 for parks and recreation, $215.00 for library
facilities, $7,609.00 for roads, and $583.00 for fire stations.
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. (BM)
(CPC)7.Density. The density of this development shall not exceed one (1) dwelling unit
per acre. (P)
(CPC)8.Architectural/Design Elements.
a.Sidewalks/Driveways
i.Driveways: All portions of driveways and parking areas shall be
hardscaped (concrete, asphalt or decorative pavers).
ii.Front Walks: A minimum of a four (4) foot wide hardscaped (concrete or
decorative pavers) front walk shall be provided to each dwelling unit.
b.Landscaping and Yards
i.Supplemental Trees: Prior to the issuance of a Certificate of Occupancy
for each dwelling unit, a minimum of one (1) flowering treeshall be
1115SN0652-2015AUG26-BOS-ADD
planted in each front yard. At the time of planting, these supplemental
trees shall have a minimum caliper of 2” measured at breast height (4’
10” above ground).
ii.Front Foundation Planting Beds: Foundation planting is required along
the entire front façade of all units, and shall extend along all sides facing
a street. Foundation Planting Beds shall be a minimum of 4’ wide from
the unit foundation. Planting beds shall be defined with a trenched edge
or suitable landscape edging material. Plantingbeds shall include
medium shrubs and may also include spreading groundcovers.
c.Architecture and Materials
i.Repetition: Dwellings with the same elevations may not be located
adjacent to, directly across from, or diagonally across from each other
on the same street. This requirement does not apply to units on
different streets backing up to each other.
ii.Foundations: The exposed portion of any foundation shall be brick or
stone. Synthetic or natural stucco foundations may be permitted for
façades constructed entirely of stucco. Rear walkout basement walls
shall be permitted to be sided or cast concrete painted to match
house.
iii.Exterior Facades: Acceptable siding materials include brick, stone,
masonry, stucco, synthetic stucco (E.I.F.S), and horizontal lap siding.
Horizontal lap siding may be permitted to be manufactured from
natural wood or cement fiber board or may be premium quality vinyl
siding. Plywood and metal siding are not permitted. Additional siding
requirements:
1.Where a dwelling borders more than one street, all street-facing
facades shall be finished in the same materials.
2.Cementitious and vinyl siding is permitted in traditional wide
beaded styles only, unless otherwise approved by the
Architectural Board for special design conditions. Premium quality
vinyl is defined as vinyl siding with a minimum wall thickness of
.044”.
3.Synthetic Stucco (E.I.F.S.) siding shall be finished in smooth, sand
or level texture. Rough textures are not permitted.
d.Roof Material: Roofing material shall be dimensional architectural shingles
or better with a minimum 30 year warranty.
1215SN0652-2015AUG26-BOS-ADD
e.Porches, Stoops and Decks
i.Front Porches: All front entry stoops and front porches shall be
constructed with continuous masonry foundation wall or on 12”x12”
masonry piers. Extended front porches shall be a minimum of five (5)’
deep. Space between piers under porches shall be enclosed with framed
lattice panels. Handrails and railings shall be finished painted wood or
metal railing with vertical pickets or swan balusters. Pickets shall be
supported on top and bottom rails that span between columns.
(CPC)9. Minimum House Size. The minimum gross floor area for each dwelling unit shall
be 2,400 square feet. (P)
(CPC)10.Restrictive Covenants. The following restrictive covenants shall be recorded in
conjunction with the recordation of any subdivision plat or prior to any site plan
approval, whichever occurs first:
(It is important to note that the County will only ensure the recordation of the
covenants and will not be responsible for their enforcement.)
a.Design Guidelines-A Design Guidelines Manual shall be created and shall
include but not be limited to the following development criteria:
i.Architectural controls
ii.Garage locations
iii.Recreational amenities
iv.Mailboxes
v.Street and External Lighting
vi.Street Trees
vii.Landscaping
viii.Streetscapes
ix.Fencing
x.Building locations / Yard Requirements
xi.Driveways
b.Architectural Board–The Architectural Board shall have exclusive jurisdiction
over all original construction, modifications, additions or alterations made on
or to all existing improvements, and the open space, if any, appurtenant
thereto on all property. It shall prepare and, on behalf of the Board of
Directors, shall promulgate application and review procedures, all as part of
the design and developmental standards. The Architectural Board shall
incorporate the “Design Standards Manual”, as described below in its review
and approval of all applications submitted. Copies of the “Design Guidelines
Manual” shall be available from the Architectural Board for review and use
by owners, builders and/or developers. The guidelines and procedures shall
1315SN0652-2015AUG26-BOS-ADD
be those of the Association, and the Architectural Board shall have sole and
full authority to prepare and to amend the standards available to owners,
builders, and developers only under extreme circumstances or hardships.
Such circumstances or hardships shall be clearly demonstrated to be
considered for amendment. The Architectural Board shall initially consist of
three (3) members, all appointed by the Declarant. At such time as one
hundred percent (100%) of all property has been developed, improved, and
conveyed to purchasers in the normal course of development and sale, the
Board of Directors shall appoint all members of the Architectural Board. At
no time shall the Architectural Board have fewer than three members nor
more than five (5) members. The Declarant may, at his option, delegate to
the Board of Directors its right to appoint one or more members of the
Architectural Board. At all times, at least one (1) member of the Architectural
Board shall be a member of the Association. It is intended for the
Architectural Board to maintain the character and integrity of the
development.
c.Signs–No signs shall be erected or maintained on any residential property
by anyone including, but not limited to, the owner, a contractor, or a
subcontractor, except as provided for in the “Development Guidelines
Manual” or except as may be required by legal proceedings. Residential
property identification and like signs not exceeding a combined total of more
than one (1) square foot may be erected without the written permission of
the Declarant or the Association. Realtor signs “For Sale” may be erected and
are subject to review of the Declarant or Architectural Board.
d.Condition of Ground – It shall be the responsibility of each property owner
and tenant to prevent the development of any unclean, unsightly, or
unkempt conditions of buildings or grounds on his lot. All improvements on
each lot shall be kept in good repair, and where necessary, painted in 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 a wood or vinyl
screen with such screening to be approved by the ARC, or otherwise out of
sight from the street.
e.Residential Use– All lots shall be used for residential purposes exclusively.
The use ofa portion of a dwelling on a lot as an office by the owner or
tenants thereof shall be considered a residential use if such use does not
create customer or client traffic to and from the lot. No structure, except as
herein after provided, shall be erected, altered, placed, or permitted to
remain on any lot other than one (1) detached single family dwelling and one
(1) accessory building which may include a detached private garage, provided
the use of such accessory building does not overcrowd the side and provided
1415SN0652-2015AUG26-BOS-ADD
further that such building is not used for any activity normally conducted as
business. Such accessory building may not be constructed prior to the
construction of the main building and approved by the Board.
i.The provisions of this paragraph shall not prohibit the Developer from
using a house as a model as provided in this Declaration.
f.Enforcement –The Board of Directors reserves the right to correct any
situation, on any lot that violates the deed restrictions herein. The Board
shall provide written notice to the owner in violation a minimum of thirty
(30) days prior to any action to be taken by the Board. The Board shall have
the right to correct the violation and collect reimbursement from the owner
of the lot requiring action. If payment is not made or arranged for within
thirty (30) days of the Boards request, the Board reserves the right to place a
lien on said property or take any appropriate legal action necessary. (P)
1515SN0652-2015AUG26-BOS-ADD
ATTACHMENT 2
SUPPLEMENTAL PUBLIC FACILITIES STATISTICS
Schools Currently Serving Area
Watkins
Midlothian Midlothian
Elementary
Middle SchoolHigh School
School
Capacity
Categories
Current
and
Projected
2014101181812412251506811472156994
2
Figures
20151033-1261206 - 80 1548-99
20161051-1281213 - 81 1591-101
20211072-1311211 - 80 1689-108
TrailersNumber of
3 -0
1
Trailers
1
Trailers are not identified in the staff report for schools under 90% capacity.
2
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 The Midlothian Fire Station, Company Number 5
EMS Facility The Forest View Volunteer Rescue Squad
Library Midlothian Library
Parks & RecreationMidlothian Mines Park, Watkins Annex Park
1615SN0652-2015AUG26-BOS-ADD
CASE NUMBER: 15SN0652
APPLICANT: JMS Investments, LLC and J. Mark Sowers
CHESTERFIELD COUNTY, VIRGINIA
Magisterial District:MIDLOTHIAN
STAFF’SANALYSIS
1600 Huguenot Springs Road
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
AUGUST 26, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
MATT SOWERS
(804-794-6836)
Applicant’s Contact:
J. MARKSOWERS
(804-794-6836)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
REQUEST I: Rezoning from Agricultural (A) to Residential (R-25).
REQUEST II: Permit an exception to Section 18-60of the Utility Ordinance for the required
connection to the public sewer system.
A single-family residential subdivision is planned. Density would be limited to one (1) dwelling
unit per acre(Proffer Condition 7), yielding approximately 48 dwelling units. The subdivision
would be serviced by individual septic systems.
Notes:
A.The only condition that may be imposed is a buffer condition for the rezoning request. The property
owner may proffer conditions.
B.Conditions may be imposed for the exception to Section 18-60 of the Utility Ordinance.
C.Proffered conditions are located in Attachment 1.
RECOMMENDATION
RECOMMEND APPROVALOF REQUEST I (REZONING)
PLANNING
COMMISSION
Planned residential use is compatible with existing area
(7/21/2015)
development
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATION (CONTINUED)
RECOMMEND APPROVALOF REQUEST II (SEWER EXCEPTION)
PLANNING
COMMISSION
Sewereasements will facilitate future connection to system
(7/21/2015)
RECOMMEND DENIALOF REQUEST I (REZONING)
Does not complywith Plan
RECOMMEND DENIAL OF REQUEST II (SEWER EXCEPTION)
STAFF
Private system will encourage future area development that is
inconsistent with Plan
Extension of public sewer system to area properties will be
adversely impacted
215SN0652-2015AUG26-BOS-RPT
SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
The Plan suggests Corporate Office/Research & Development/Light
PLANNING
Industrial uses for the request property
BUDGET AND
-
MANAGEMENT
FIRE-
PARKS AND
-
RECREATION
LIBRARIES-
SCHOOLS -
CDOT-
VDOT-
An exception to connect to the public wastewater system would
encourage development inconsistent with Plan and adversely
impact the ability to extend public wastewater system to area
UTILITIES
properties
2013 Facility Plan provides a plan to extend public sewer to the
property after 2035
ENVIRONMENTAL
-
ENGINEERING
315SN0652-2015AUG26-BOS-RPT
415SN0652-2015AUG26-BOS-RPT
Map 2: Comprehensive Plan
Classification: CORPORATE OFFICE / RESEARCH & DEVELOPMENT / LIGHT INDUSTRIAL
The designation suggests the property is appropriate for corporate office, research, laboratories,
and light manufacturing and assembly uses that are generally dependent upon raw materials first
processed elsewhere. Typical uses could include corporate headquarter offices and various types of
laboratories; warehousing; and optical goods, cosmetic, jewelry, musical instruments and artist
materials manufacturing.
Land uses should be achieved through the aggregation and/or master planning to enhance the
economic potential of the area; conform to land use regulation; achieve land use compatibility or
transition; or provide adequate transportation improvements.
Map 3: Surrounding Land Uses & Development
Dragonnade Trail
Powhatan
Huguenot Ridge
County
Huguenot Springs
Road
Windy Hill Golf Course
515SN0652-2015AUG26-BOS-RPT
PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov
PROPOSAL
Asingle-family residential subdivisionis proposed. The following provides an overview of the
development’s design standards:
GeneralOverview
Requirements Details
Maximum of one (1) dwelling unit per acre, yielding
Density
approximately 48 dwelling units
Proffered Condition 7
Hardscaped driveway
Hardscaped front walk to each dwelling
Walks & Driveways
Proffered Condition 8.a.
One (1) flowering tree in front yard
Yard Landscaping
Foundation planting bed along front facade
Proffered Condition 8.b.
Variation of dwelling elevations
Architecture
Proffered Condition 8.c.
Permitted materials established for foundations, roofs,
facades and front porches; vinyl must be 0.44inch
Foundation & Building Materials
thickness
Proffered Conditions 8.c., 8.d. and 8.e
2,400 square feet of gross floor area
Minimum House Size
Proffered Condition 9
Recordation of specific restrictive covenantsthat control:
Design standards (Manual)
Architectural Board
Restrictive Covenants Signs
Residential Use
Property Maintenance
Proffered Condition 10
BUFFERS
The requestproperties border an undeveloped portion of the Windy Hill Golf Course to the south
which has conditional use approval for a golf course. No buffer has been offered by the applicant
along the shared southern property line to provide separation to the possible expansion of the golf
course. Should the golf course expand, no buffer is required on its side of the shared property line.
615SN0652-2015AUG26-BOS-RPT
FINANCIAL IMPACT ON CAPITAL FACILITIES
Budget and Management
Staff Contact: Natalie Spillman (717-8767) spillmann@chesterfield.gov
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
$23,414 per unit.
The applicant has requested a rezoning from agricultural (A) to residential (R-25) with a
maximum density of one (1) dwelling unit per acre, which would yield approximately 48
dwelling units. To address the impact of this development on capital facilities, the applicant has
proffered $18,966 per dwelling unit which is the maximum cash proffer in place. The proffer
also includes language that would freeze the $18,966 contribution for a period of four years
after which it would be escalated by the cumulative change in the Marshall and Swift Building
Code Index.
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.
Per Dwelling Unit Impact
48
on Capital Facilities
Potential Units
FacilityApplicant's Proposal (Current BOS
FY16 Calculated Impact
CategoriesMaximum)
Total $23,414 $18,966
Overall Impact on Capital Facilities
Schools $463,104 $401,472
Parks$64,608 $56,832
Libraries$15,120 $14,544
Fire Stations $41,328 $33,648
Roads$539,712 $403,872
Total $1,123,872 $910,368
*Based on proffered density. The actual number of lots and corresponding impact may vary.
715SN0652-2015AUG26-BOS-RPT
PUBLIC FACILITIES
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
New5
Recommendations for Fire Stations
by 2022
Replacement/Revitalization4
Fire 24%
1
2011 Incidents as a percent of total
EMS (Emergency Medical Services)76%
Fire/EMS Increases in Call Volume
44%
from 2001 and 2011
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 over time.
Fire Service - Project Impacts
Estimated Number of Calls for
9
Service Annually
Applicant’s Proposal to Address Offered in Accordance with Policy
1
Impacts Proffered Condition 6
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:
When the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
Information relative to nearby fire and emergency service facilities can befound in Attachment
2.
815SN0652-2015AUG26-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 TypeNumber of New Parks Aggregate Acreage
Regional 3600
Community10 790
Neighborhood 9180
Special Purpose3 1 -
Urban 2 - -
Linear 3 - -
1
The Public Facilities Plannotes facility recommendations for water-based parks. All other facilities are acquired
and developed on a site-by-site basis.
2
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
5.9 Acres of Regional, Community and/or Neighborhood
2012 County Level of Service
parkland per 1,000 persons
9 Acres of Regional, Community and/or Neighborhood
Target Level of Service
parkland per 1,000 persons
Applicant’s Proposal to Address Offered in Accordance with Policy
1
Impacts Proffered Condition 6
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 2.
915SN0652-2015AUG26-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 LibraryNeeds
Facility ActionCounty-wide Facility Needs
Expand or Replace 5 Libraries
5 Libraries
Construction of New
Facilities
1 Community Arts Center
Libraries -Project Impacts
Applicant’s Proposal to Offered in Accordance with Policy
1
Address Impacts Proffered Condition 6
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 2.
1015SN0652-2015AUG26-BOS-RPT
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@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/ReplaceNew Facilities
Elementary 163
Middle 62
High23
Technical-1
Schools -Project Impacts
Elementary10
Middle5
Average Student Yield
High7
Total22
Applicant’s Proposal to Offered in Accordance with Policy
1
Address ImpactsProffered Condition 6
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 areawill
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 2.
1115SN0652-2015AUG26-BOS-RPT
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804) 748-1037 banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifiescounty-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and recommendations are
detailed in the chart below:
RecommendationApplicant’s Proposal
Right of Way Dedication
Offered as Recommended
Proffered Condition 3
Forty-five (45) feet along Huguenot Springs Road.
VehicularAccess Control
One (1) public road access onto Huguenot Springs
Offered as Recommended
Road. Proffered Condition 4
Potential stub road right of way to western property
line.
Road Improvements
Right and left turn lanes along Huguenot Springs Road
Offered as Recommended
at the site access.
Proffered Condition 5
Cash ProfferOffered in Accordance with
Policy
Proffered Condition 6
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
Traffic Impact Analysis (24VAC30-155)-
Access Management (24VAC30-73)VDOT notes that the property adjoins a
local collector road (Huguenot Springs
Road) where the entrance to the site
would be located meeting access
management requirements for collector
road access. The traffic generated by the
proposed use should be evaluated with
respect to subdivision entrance
requirements.
Subdivision Street Acceptance (24VAC30-91/92)-
Land Use Permit (24VAC30-151)-
-
Summary
1215SN0652-2015AUG26-BOS-RPT
WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439)blandj@chesterfield.gov
The proposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Sizeof Existing LineConnection Required by County Code?
Serviced?
WaterNo12”Yes
WastewaterNoN.A.Yes
UTILITY CONNECTION PROPOSAL
The developer is proposing to connect to the public water system, which is available along
Huguenot Springs Road. An exception to connect to the public wastewater system is
requested.
EXCEPTION TO MANDATORY WASTEWATER CONNECTION
The request properties are located within the mandatory wastewater connection area as
outlined in Section 18-60 of the County Code. An exception to use the public wastewater
system must be evaluated by the Director of Utilities, Director of Planning, the Planning
Commission, and subsequently approved by the Board of Supervisors based upon the following
considerations:
Woulduse of a private system will encourage future area development inconsistent
with the Comprehensive Plan;
Would the ability to extend the public system to other property be adversely affected.
To evaluate these criteria, an examination of the Utility Department’s 2013 Facility Planis
necessary to explore the feasibility of extending the public wastewater system to the request
property.
Utility Department’s 2013 Facility Plan
Sewer Basin Bernards Creek Sewer Basin(Area #16)
Map 5
Sewer Basin Acreage& Flow
535 Acres
Flows towards Powhatan County
Sewer Basin to be in Service
No
by 2035
Sewer Basin to be in Service
Yes
at Build-Out
1315SN0652-2015AUG26-BOS-RPT
Utility Department’s 2013 Facility Plan (Continued)
Location, Distance & Approximately 21,200 Feet of Linear Improvementsto the
Required Improvements toexisting sewer trunk line in the Hallsley Subdivision, including:
Nearest Sewer Trunk Line
4,400 linear feet of gravity collector line
Wastewater pumping station
5,300 linear feet of force main
11,500 linear feet of extension of a gravity trunk line
These improvements to be growth driven and constructed by
development.
Map 6
While connection to the public wastewater system will not occur in the short term, the 2013
Facility Planillustrates that this area could be serviced by the public wastewater system at
County build-out. Developing the request property without a public wastewater connection
could serve as a potential barrier to providing public sewer access to neighboring properties.
Therefore, the applicant’s request will encourage future area development inconsistent with
the Comprehensive Planand adversely affect the ability to extend the public wastewater
system to other neighboring properties.
Map 5: Facilities Plan 2015 – 2035, Sanitary Sewer Improvements Excerpt
1415SN0652-2015AUG26-BOS-RPT
Map 6: Facilities Plan Build-Out, Sanitary Sewer Improvements Excerpt
UTILITY EXTENSIONS
Off-site extension of anypublic gravity wastewater trunk line is limited to a maximum of 3,000
feetby Section 18-53 of the County Code. An exception to Section 18-53 would be required
should the request property be required to connect to the public wastewater system. This
restriction encourages an orderly development pattern and prohibits leap-frog development.
It should be noted that the proposed public waterline extension or any future wastewaterlines
will only be allowed to serve properties located within Chesterfield County and will not be
allowed to be extended to serve any property within Powhatan County.
Should this exception request be granted, staff recommends the acceptance of Proffered
Condition 2which would require public wastewater easementsbe located, reviewed and
approved by the Utilities Department and shown on any record plat for the development.
1515SN0652-2015AUG26-BOS-RPT
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028)pritchardd@chesterfield.gov
Environmental Engineering has no comment on this request.
1615SN0652-2015AUG26-BOS-RPT
CASE HISTORY
Applicant Submittals
4/30/15Application and proffered conditions submitted
7/14/15Revised proffered conditions weresubmitted
Community Meeting
6/1/15Issues Discussed
The District Planning Commissioner, the applicants and staff attended this
meeting at Bethel Baptist Church
Citizens and neighbors discussed the following topics: minimum house sizes,
location of homes within the proposed development, area road conditions
along Huguenot Springs Road and Midlothian Turnpike, access for the
subdivision to Powhatan County, and the potential development plan for
property adjacent in Powhatan County.
Planning Commission Meeting
7/21/15 Applicant Comments
Applicant would be willing to offer an increase cash proffer amount to
address school impacts which would be closer to the calculated costs.
Citizen Comments
One citizen spoke in support ofthis case, noting that the applicant has
offered a full cash proffer to address impacts on capital facilities.
Commission Discussion
The Commission noted their support for this case:
In response to questions from the Commission, Budget advised the
calculated impact for schools is $9,648; therefore, cash proffer greater
than the cost would not be acceptable
Mr. Waller recognized that the focus is on overcrowding at Watkins
Elementary School and noted he has received may questions about
timing of the replacement school for Watkins Elementary
Plandesignation doesnotcorrectly portray appropriate future land uses
for the request property
Proposed residential development is compatible with existing residential
subdivision to north
Conditions will require the layout of public sewer easements to facilitate
connection when the system is available
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion:WallerSecond: Wallin
AYES: Gulley, Waller, Brown and Wallin
ABSENT: Patton
The Board of Supervisors on Wednesday, August 26, 2015, beginning at 6:30 p.m., will
consider this request.
1715SN0652-2015AUG26-BOS-RPT
ATTACHMENT 1
PROFFERED CONDITIONS
Note:
“CPC” –Recommended by the Planning Commission only
(CPC)1.Utilities. This development shall utilize public water. (U)
(CPC)2.Utility Easements. The record plat shall provide for public sewer easements in
locations acceptable to the Department of Utilities to accommodate the future
extension of public sewer. (U)
(CPC)3.Dedication. In conjunction with recordation of the initial subdivision plat or
within sixty (60) days from a written request by the Transportation Department,
whichever occurs first, forty-five (45) feet of right-of-way along the west side of
Huguenot Springs Road, measured from the centerline of that part of Huguenot
Springs Road immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
(CPC)4.Access.
a.Direct vehicular access from the property to Huguenot Springs Road shall be
limited to one (1) public road. The exact location of this access shall be
approved by the Transportation Department.
b.No stub road right of way shall be recorded to the westernmost property
line, unless adequate information is provided to the county regarding the
potential development of properties further to the west (i.e., properties
within Powhatan County) and development of those properties would not
result in a violation of the Subdivision Ordinance on the property. (P, FD &T)
(CPC)5.Road Improvements. In conjunction with initial development of the property,
additional pavement shall be constructed along Huguenot Springs Road at the
approved access to provide left and right turn lanes. Any additional right-of-way
(or easements) required for these improvements shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
(CPC)6.Cash Proffers. 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 per dwelling unit for the period beginning the July 1 preceding the
Board of Supervisors’ approval of the case through July 1 four (4) 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.
1815SN0652-2015AUG26-BOS-RPT
b.Thereafter, the per dwelling unit cashproffer 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. (BM)
(CPC)7.Density. The density of this development shall not exceed one (1) dwelling unit
per acre. (P)
(CPC)8.Architectural/Design Elements.
a.Sidewalks/Driveways
i.Driveways: All portions of driveways and parking areas shall be
hardscaped (concrete, asphalt or decorative pavers).
ii.Front Walks: A minimum of a four (4) foot wide hardscaped (concrete or
decorative pavers) front walk shall be provided to each dwelling unit.
b.Landscaping and Yards
i.Supplemental Trees: Prior to the issuance of a Certificate of Occupancy
for each dwelling unit, a minimum of one (1) flowering tree shall be
planted in each front yard. At the time of planting, these supplemental
trees shall have a minimum caliper of 2” measured at breast height (4’
10” above ground).
ii.Front Foundation Planting Beds: Foundation planting is required along
the entire front façade of all units, and shall extend along all sides facing
a street. Foundation Planting Beds shall be a minimum of 4’ wide from
the unit foundation. Planting beds shall be defined with a trenched edge
or suitable landscape edging material. Planting beds shall include
medium shrubs and may also include spreading groundcovers.
c.Architecture and Materials
i.Repetition: Dwellings with the same elevations may not be located
adjacent to, directly across from, or diagonally across from each other
on the same street. This requirement does not apply to units on
different streets backing up to each other.
ii.Foundations: The exposed portion of any foundation shall be brick or
stone. Synthetic or natural stucco foundations may be permitted for
façades constructed entirely of stucco. Rear walkout basement walls
1915SN0652-2015AUG26-BOS-RPT
shall be permitted to be sided or cast concrete painted to match
house.
iii.Exterior Facades: Acceptable siding materials include brick, stone,
masonry, stucco, synthetic stucco (E.I.F.S), and horizontal lap siding.
Horizontal lap siding may be permitted to be manufactured from
natural wood or cement fiber board or may be premium quality vinyl
siding. Plywood and metal siding are not permitted. Additional siding
requirements:
1.Where a dwelling borders more than one street, all street-facing
facades shall be finished in the same materials.
2.Cementitious and vinyl siding is permitted in traditional wide
beaded styles only, unless otherwiseapproved by the
Architectural Board for special design conditions. Premium quality
vinyl is defined as vinyl siding with a minimum wall thickness of
.044”.
3.Synthetic Stucco (E.I.F.S.) siding shall be finished in smooth, sand
or level texture. Rough textures are not permitted.
d.Roof Material: Roofing material shall be dimensional architectural shingles
or better with a minimum 30 year warranty.
e.Porches, Stoops and Decks
i.Front Porches: All front entry stoops and front porches shall be
constructed with continuous masonry foundation wall or on 12”x12”
masonry piers. Extended front porches shall be a minimum of five (5)’
deep. Space between piers under porches shall be enclosed with framed
lattice panels. Handrails and railings shall be finished painted wood or
metal railing with vertical pickets or swan balusters. Pickets shall be
supported on top and bottom rails that span between columns.
(CPC)9. Minimum House Size. The minimum gross floor area for each dwelling unit shall
be 2,400 square feet. (P)
(CPC)10.Restrictive Covenants. The following restrictive covenants shall be recorded in
conjunction with the recordation of any subdivision plat or prior to any site plan
approval, whichever occurs first:
(It is important to note that the County will onlyensure the recordation of the
covenants and will not be responsible for their enforcement.)
2015SN0652-2015AUG26-BOS-RPT
a.Design Guidelines-A Design Guidelines Manual shall be created and shall
include but not be limited to the following development criteria:
i.Architectural controls
ii.Garage locations
iii.Recreational amenities
iv.Mailboxes
v.Street and External Lighting
vi.Street Trees
vii.Landscaping
viii.Streetscapes
ix.Fencing
x.Building locations / Yard Requirements
xi.Driveways
b.Architectural Board–The Architectural Board shall have exclusive jurisdiction
over all original construction, modifications, additions or alterations made on
or to all existing improvements, and the open space, if any, appurtenant
thereto on all property. It shall prepare and, on behalf of the Board of
Directors, shall promulgate application and review procedures, all as part of
the design and developmental standards. The Architectural Board shall
incorporate the “Design Standards Manual”, as described below in its review
and approval of all applications submitted. Copies of the “Design Guidelines
Manual” shall be available from the Architectural Board for review and use
by owners, builders and/or developers. The guidelines and procedures shall
be those of the Association, and the Architectural Board shall have sole and
full authority to prepare and to amend the standards available to owners,
builders, and developers only under extreme circumstances or hardships.
Such circumstances or hardships shall be clearly demonstrated to be
considered for amendment. The Architectural Board shall initially consist of
three (3) members, all appointed by the Declarant. At such time as one
hundred percent (100%) of all property has been developed, improved, and
conveyed to purchasers in the normal course of development and sale, the
Board of Directors shall appoint all members of the Architectural Board. At
no time shall the Architectural Board have fewer than three members nor
more than five (5) members. The Declarant may, at his option, delegate to
the Board of Directors its right to appoint one or more members of the
Architectural Board. At all times, at least one (1) member of the Architectural
Board shall be a member of the Association. It is intended for the
Architectural Board to maintain the character and integrity of the
development.
c.Signs–No signs shall be erected or maintained on any residential property
by anyone including, but not limited to, the owner, a contractor, or a
subcontractor, except as provided for in the “Development Guidelines
2115SN0652-2015AUG26-BOS-RPT
Manual” or except as may be required by legalproceedings. Residential
property identification and like signs not exceeding a combined total of more
than one (1) square foot may be erected without the written permission of
the Declarant or the Association. Realtor signs “For Sale” may be erected and
are subject to review of the Declarant or Architectural Board.
d.Condition of Ground – It shall be the responsibility of each property owner
and tenant to prevent the development of any unclean, unsightly, or
unkempt conditions of buildings or grounds on his lot. All improvements on
each lot shall be kept in good repair, and where necessary, painted in 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 a wood or vinyl
screen with such screening to be approved by the ARC, or otherwise out of
sight from the street.
e.Residential Use– All lots shall be used for residential purposes exclusively.
The use of a portion of a dwelling on a lot as an office by the owner or
tenants thereof shall be considered a residential use if such use does not
create customer or client traffic to and from the lot. No structure, except as
herein after provided, shall be erected, altered, placed, or permitted to
remain on any lot other than one (1) detached single family dwelling and one
(1) accessory building which may include a detached private garage, provided
the use of such accessory building does not overcrowd the side and provided
further that such building is not used for any activity normally conducted as
business. Such accessory building may not be constructed prior to the
construction of the main building and approved by the Board.
i.The provisions of this paragraph shall not prohibit the Developer from
using a house as a model as provided in this Declaration.
f.Enforcement –The Board of Directors reserves the right to correct any
situation, on any lotthat violates the deed restrictions herein. The Board
shall provide written notice to the owner in violation a minimum of thirty
(30) days prior to any action to be taken by the Board. The Board shall have
the right to correct the violation and collect reimbursement from the owner
of the lot requiring action. If payment is not made or arranged for within
thirty (30) days of the Boards request, the Board reserves the right to place a
lien on said property or take any appropriate legal action necessary. (P)
2215SN0652-2015AUG26-BOS-RPT
ATTACHMENT 2
SUPPLEMENTAL PUBLIC FACILITIES STATISTICS
Schools Currently Serving Area
Watkins
Midlothian Midlothian
Elementary
Middle SchoolHigh School
School
Capacity
Categories
Current
and
Projected
20141011818 1241225 150681 1472156994
2
Figures
20151033-1261206 - 80 1548-99
20161051-1281213 - 81 1591-101
20211072-1311211 - 80 1689-108
TrailersNumber of
3 -0
1
Trailers
1
Trailers are not identified in the staff report for schools under 90% capacity.
2
Disclaimer: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS.
They are based on theSeptember 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 The Midlothian Fire Station, Company Number 5
EMS Facility The Forest View Volunteer Rescue Squad
Library Midlothian Library
Parks & RecreationMidlothian Mines Park, Watkins Annex Park
2315SN0652-2015AUG26-BOS-RPT