03SN0307-Mar10.pdf 'STAFF,S
REQUEST ANALYSIS
RECOMMENDATION
March 10, 2004.BS
03SN0307
Douglas R. Sowers
Matoaca Magisterial District
Spring Run Elementary School, Bailey Bridge Middle School
and Manchester High School Attendance Zones
South line of Spring Run Road
REQUEST: Rezoning from Agricultural (A) to Residential (R. 12) with Conditional Use Planned
Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mixture of residential' uses, to include single family, condominiums and cluster
homes is planned. A total of 217 units is proposed.
PLANNING COMMISSION RECO~ATIOBL_
RECOMMEND APPROVAL SUBJECT TO 'THE CONDITION AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 6.
STAFF RECOMMENDATION
Recommend approval for the following masons:
The proposed zoning and land uses comply with the UpPer Swift Creek Plan which
suggests the propertyis appropriate for single family residential use of 2.2 dwelling
units per acre or less..
'B.
The proposed zoning and land USes .are representative of, and compatible with~.
existing and anticipated area development.
PrOviding'a FIRST CHOICE Community Through Excellence in Public Service.
The proffered conditions adequately address the impact of this development on
capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan.
Specifically, the need for schools, parks, libraries; fife stations and transportation
improvements is identified in the County's adopted Public. Facilities Plan, Capital
Improvement Program and Thoroughfare Plan and the impact of this development is
discussed herein~. The prOffered conditions adequately mitigate the impact on capital
facilities,: thereby insuring adequate service levels are maintained and protecting the
health, safety and welfare'of County citizens,
(NOTE~ CONDITIONS MAY BE IMPOSED ORTHE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC't WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING coMMIsSION.)
CONDITION
(STAFF/CPC)
With the exception of B. 1.n., the Textual:Statement dated January 23, 2004,
shall be considered the Master Plan. (P)
PROFFERED CONDITIONS
The Owners-Applicants in this zoning case; pursuant to Section 15,2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their
successors or assigns, proffer that the develoPment of the property known as Chesterfield County
Tax ID 730-663-3520-00000 (the "Property") under consideratiOn will-be developed according to the
fOllowing conditions if, and only if, the rezoning reqUest for R-12 is granted. In the event the request
is denied or approved with conditions not agreed to by the Owners-Applicants, these proffers and
conditions shall be immediately null and void and of no further fOrce or effect.
(STAFF/CPC) 1. -(a)
Timbering. Except for the. timbering approved bY the
Virginia State Department of Forestry for 'the purpose of
removing dead or diseased trees, there shall be no timbering
on the Property until a land disturbance permit has been
obtained from the' Environmental Engineering Department
andthe approVed devices have been installed.
To-ensure the existing culvert under Spring Run Road.
remains adequate for the' entire drainage area, the developer
shall do one of the following:
(i)
retain water onsite so the existing culvert meets
current VDOT criteria for the upstream drainage_area;
or
2 03SN0307-MAR10-BOS
(STAFF/CPC)
(STAFF/CPC)
d
(ii) upgrade the existing culvert to meet current VDOT
criteria for the upstream area; or
(iii) . a combination of (i) and (ii). (EE)
The public water and wastewater systems shall be used. (U)
The applicant, subdivider, or assignee(s) shall pay the following to
the CoUntyof Chesterfield prior-to the issuance of each building
permit for infrastructure improvements within the service district for
the property:
A. $9,000.00 per dWelling unit, ifpaidpriOr to July 1, 2003; or
The amount approved by the Board .of Supervisors not to
exceed $9,000.00 per dwelling unit adjusted upward by any
increase in the Marshall Swift building cost index between
July. 1, 2002, and July I'of the fiscal year in which the
payment is made if paid after June 30, 2003.
Provided, however, that if any building permits issued on the
property are for senior .hoUSing, the units of which meet the
occupancy requirements for "age 55 or over" housing as set
forth in Section 3607 of the. Fair Housing Act, 42 USC
Section 360I et seq., as amended by the Fair Housing
Amendments Act of 1988, and of 24 CFR Section 100.304 in
effect as ofthe dateofthe Rezoning, and which are sUbject to
the occupancy requirements that no person under 19 shall
reside in such unit, the .amount approved by the Board of
Supervisors, but not to exceed $4;815 per dwelling unit as
adjusted upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2003 and July 1 Of the
fiscal year in which the payment is made ifpaid after June 30,
2003. At the'time ofpayment, the $4,815'wi11' be allocated
pro-rata among the facility costs- as followS: $598 for parks
and recreation, $324 for library facilities, $3,547 for roads,
and $346 for fire stations. Payments in excess of $4,815 shall
be prorated as set forth above.
Do
Provided further, at the opti°n of the Transportation
Department, the cash proffer.payment may be reduced by the
transportation component ($3,547 as adjUSted in Proffered
Condition-3,A.) for improvements performed by the
Developer, subdivider or assignee to Spring Run Road to
provide twenty-four (24) foot wide pavement with seven (7)
3 03SN0307-MAR10-BOS
(STAFF/CPC)
(STAFF/CPC)
foot wide shoulders with modifications approved by the
Transportation Department, from approximately 500 feet east
of-Bailey Bridge Road eaStward for .a distance-of
'approximatelY 2,000 feet - ( e.. Spring Run. Road
improvements"). The exact 'length-and design of this
improvement shall' be approved by 'the 'Transportation
Department.. The Developer, ..Subdivider or assignee payment
shall be reduced by the transportation component for the
SPring Run ROad improvements for:' 1) the initial seVenty-
seven (77) dwelling units,- if the rOadway is widened with an '
aSphalt overlay;or 2) an eqUivalent number of units for the
construction cost, aS determined by the Transportation
Department, if the roadway is realigned and reconstructed.
The Spring Run Road improvements Shall be cOmpleted as
determined by. the' Transportation Department prior to-the
recordation of more than a cumulative total of fifty- (50)
dwelling units'or one (1) year from the date of recordation of
theinitial subdivision plat, whichever occurs first.
PriOr to issuance of bUilding permits for those dwelling units
in.excess of thoSe dwelling units, credited above, or if the
Developer, subdivider or_assignee does not construct the
.improvements described above as determined by the
Transportation Department, the Developer, subdivider Or
assignee shall commence paying cash proffers .in accordance
with Proffered Conditions 3.A,, B. and C., herein.
go
If any of the Cash proffers are not expended for' the purpose
designated by the Capital-Improvements: Program within.
fifteen (15) years from the date of payment, they shall be
-returned in fiill, to the payor. Should Chesterfield County
impose, impact fees at any time during the life of the
deVeloPment that are applicable to the Property, theamount
paid in cash proffers shall bein lieu of or credited toward, but
not be in additionto, any impact fees, in~a-manner determined
by the County. (B&M and' T)
Density. The total number of residential units shall not exCeed 2.2'
units per acre. (P)
TranSportation.
In conj unction with,recordation of the initial subdivision plat,
forty-five (45) feet'Of right-of-way along ~the-south side of
Spring Run Road, measured from the revised centerline baSed
on VDOT Urban Minor Arterial Standards (50 mph) with
4 03SN0307-MAR10-BOS
(STAFF/CPC)
Co)
(c)
(d)
modifications approved by the Transportation Department, of
that part of Spring Run Road immediately adjacent to the
property, shall be dedicated, free and unrestricted, to.and for
the benefit of Chesterfield County.
To provide an adequate roadWay system, the developer shall
be responsible for the following 'improvements:
(i)
Construction of. additional pavement along North
Hensley ROad at the approved accesses to provided
left and right turn laneS, if warranted, based on
Transportation Department Standards.
(ii)
Widening/improving the south side of Spring Run
Road to an eleVen (1I) foot wide travel lane,
measured from the centerline of.the road, with an
additional one (1) foot wide paved shoulder plusa
seven (7) foot 'wide unpaved shoulder, with
modifications approved by the Transportation
Department, for the entire property frontage.
Dedication to and for the benefit of Chesterfield County, free
and unrestricted, of any additional fight-of-way (or
easements) required for the improvements identified above:
.prior to any Construction plan approval, a phasing plan for the
required road improvements, as identified in Proffered
Condition No. 5, shall be submitted to and approved by the
Transportation Department:
NO direct access, except for an emergency access, shall be
provided.from the property to Hensley Road.
(0
No _direct access, :except for an emergency access, shall be
provided fromthe propertyto SpringRun Road.
(g).
Direct access fxom the property to North Hensley Road shall.
be limited to two (2) public roadS. The exact location ofthese
accesses shall be approved by the TransportatiOn Department.
(I)
Phasing. No residential building Permits shall be issued until January
1, 2006. Thereafter, a maximum of 100 residential building permits
shall be issued prior to January 1, 2007, and a cumulative maximum.
5 03SN0307-MAR10-BOS
of 200 residential building permits shall be issued prior to January 1,
2008. (P)
GENERAL INFORMATION
Location:
Fronts the south line of Spring Run Road, east of Broeket Drive. Also fronts the north line of
Hensley Road, west of North Donegal Road. Tax ID 730~663-3520 (Sheet 24).
Existing Zoning:
A
Size:
98.7 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - A; Single family residential or vacant
South, A; Single family residential- or. vacant
East - A; Single family residential or vacant
West ? A and R-12; Single family residential, pub!ic/semi~ublic.(schoOl) or vacant
UTILITIES
Public Water System:
There is an eXisting sixteen (16) inch water line extending along the north side of Spring Run
Road, adjacent to the request site. Use of the public water system is intended and has been
proffered, (Proffered COndition2)
Public WasteWater System:
There is an existing eighteen (18) inch wastewater trunk line, adjacent to Bayhill Point
Subdivision, Section 13, extending along a portion of Reedy Branch and terminating
approximately 10,600 feet northeast of this site. Use of the public waSteWater system is
intended and has been proffered, (PrOffered Condition 2)
6 03SN0307-MAR10-BOS
ENVIRONMENTAL
Drainage and Erosion:
The. property drains northeast under Spring Run Road, then a short distance via tributaries to'
an approximate.nine (9) acre lake in Camp Holly Dell, and then via tributaries through
Clover Hill Farms to Swift Creek. There are no existing oranficipated on- or off-site erosion
problems.
There are major drainage problems on Spring Run Roadthrough which this property drains.-
This section of Spring Run Road is one (1) of the' first.areas in Chesterfield'County which
reaches "high water" levels during storm events, at a minimum of four (4) to five (5) times
per year. With increasing traffic and additional runoff, this area will flood more often and
becOme even more dangerous.
During development several years ago, a small portion ofthe' Spring Run Elementary School
property drained to this culvert under Spring Run Road. and the deVeloper was required to
consmlet a detention facility for storm water. The existing undevelopedland in this problem
area cOnsists of only one (1), five' (5) acre parcel. All other parcels are large lots with well
and septic.
The property proposed'for rezoning comprises approximately sixty (60) percent.ofthe entire
area that_ drains to the culvert under Spring Run Road, but will contribute even more in water
volume; Proffered Condition 1.(b) is intended to ensure the.existing culvert under Spring
Run Road is adequate to handle area drainage.
The property is wooded and should not be timbered without first obtaining a land-disturbance
permit from the Environmental. En~neering Department (Proffered Condition 1.,(a)). This
will ensure adequate erosion control measures are in place prior to any land disturbance.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program and is fiather: detailed
by specific departments in the applicable sections of this "Request Analysis". This development will
have an impact on these facilitieS.
Fire Service:
The Public Facilities Plan indicates that emergency services (EMS) calls are expected to
increase forty-five (45) percent by 2015. Eight (8)new fire/reseuestafions are recommended
for construction by 2015 in the Plan. Based on 217 dwelling units; :this request will generate
approximately thirty-three (33) calls for fire and EMS services each year. The- applicant has
addressed the impact on fire service. (Proffered Condition.3) .'
03SN0307-MAR10-BOS '
The Textual Statement indicates an emergency access will be used for condominiums that
exceed fifty (50) dwelling units(Textual Statement'B.l.n.). It is unclear at this point as to
how many dwelling units will be included in the tracts containing condominiums. 'The fire
department opposes the use .of emergency accesses as .a meansOf providing access 'for
firefighting and EMS apparatus, especially with no:knowledge of how many units will be
served. (Condition)
The Winterpock Fire/Rescue Station, Company Number 19, currently provides fire
protection and emergency, medical service to this area; When theProperty is developed, the
number of hydrants, quantity.of water needed for fire protection and access requirements will
be evaluated during the plans review process.
Schools:
Approximately 117 students willbe generated by this development. Currently, this site lies
in the Spring Run Elementary School attendance Zone: capacity--'953, enrollment ~ 1,225;
Bailey Bridge Middle SchOol .zone: capacity -1,621, enrollment- 1,63'1; and Manchester
High School zone: capacity.- 1,962,. enrol'lment-' 2,409'.
This request will have an impact on all schools involved. There are currently six (6) trailers
at Spring Run ElementarY; twenty(20) at BaileYBridge Middle; and seventeen (17) trailers
at Manchester High. One (1) new:high school to bebuiltwoUld Provide relief for Clover H~I
and Manchester High SchoolS.: Bailey Bridge'Middle :is currently.under renovation. :The
applicant-has offered measUres to.assist, in addressing .the:impact:of this development on
school facilities. (Proffered condition 3) .
Libraries:
Consistent with the Board of Supervisors' 'PolicY, the impact, of development on libra~
services is assessed C°unty-wi~. -Based-onprojeCted'p°PuiatiOngr~wth, the-public
Facilities Plan identifies a need:fOr, additionai library spaCeithrOughout theC°unty~_~'Even if
the facility improvements that:haVe been made since the pUbliC Facilities plan w~S adoPted.
are taken into account, there is still an unmet need-for additional'library space throughOut the
County.
The proposed develoPment woUld most likely havea direct impact on the Clover Hill Library
or on a new:propOsed branch identified in the Public Facilities Plantin. the vicinity of Beach.
Road. This proposal addressesthe impact on library facilities. (Proffered Condition 3,)
Parks and Recreation:'
The Public Facilities Plan identifies the need for two (2) new regional parks'in the County by
2015. Additionally, the proposeddevelopment wOuld generate-the need for neighborhood
parks, as discussed in the pUblicFaCilities.Plan.: The apPlicant has offeredmeasures to asSist
03SN03071MAR10-BOS
in addressing the impact of this proposed development on parks and recreation facilities.
(Proffered Condition 3)
Transportation:
The property (98.7 acreS) is currently zoned Agricultural (A). The applicant.is requesting
rezoning to Residential-(R-12) with Conditional Use Planned Development. The applicant
has proffered that the development will not exceed 2.2 units.per acre (Proffered ConditiOn 4).
Based on single family trip rates,' develoPment could generate approximately 2,080 average
daily trips. These vehicles will-be distributed along the proposed North HensleyRoad to
Spring Run Road, which had a 2003 traffic count of 4,955 vehicles per day.
The Thoroughfare Plan identifies Spring Run Road as a major arterial with a recommended
right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five'(45)
feet of right of way, measured frOm a revised centerline of Spring Run Road, in accordance
with that Plan. (Proffered Condition 5.(a))
The Thoroughfare Plan also identifies a proposed north/south major arterial (North Hensley
Road) extending from Hensley Road, northward along the western boundary of the.subject
property.to Spring Run Road. North HenSley Road is Currently undercOnstmction. This road
isbeing built with development of an adjacent residential project (Collington Subdivision),.
located southwest of the subject'Property.
Access .to major arterials, such as Spring Run Road and N°rth Hensley Road, should be
controlled. The applicant has proffered that no direct access (except for an emergency access)
will be provided from' the property to Spring Run Road, and that .direct access to North
Hensley Road will be limited to two (2) public roads (Proffered Conditions 5.(f)and (g)).
The applicant has .also proffered that no direct access (except for an emergency access) will
be provided.from the property to Hensley Road. (Proffered Condition 5.(e))
This request will allow development of single family residences including cluster homes, and
condominiums. Staff recommends that all of the main streets that' serVe the condominium
units be accepted into the State Highway System. HaVing these streets accepted into the State
HighWay SysteTM. will insure their long-termmaintenance. The applicant'has agreed that all
streets, which accommodate general traffic circulation, will be designed and constructed to.
State (i.e., the Virginia DepaXtment of Transportation) standards and taken into the State
System (Textual Statement. B. l .(v)).. The 'Textual Statement.allows staff to approve private
streets within the condominium development, if it is determined that they cannot be designed
to' State standards. If staff approves any. private, streets, the' Textual Statement also requires
the developer to provide a plan for their cOntinUal maintenance.
The traffic impact of this deVelopment must be addressedi The applicant has proffered to: 1)
construct left and right mm Ianesalong North'Hensley Road at each public road intersection
based on Transportation Department standards; and 2) widen the south ~ide of Spring Run
Road to a total travel way width of eleven (11) feet measured from the centerline with an
9 03SN0307,MAR10-BOS
additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder for
the' entire property frontage (Proffered Condition 5.(b)). Based on Transportation
Department standards, left. and-right turn lanes along North Hensley Road will be warranted
at both public road intersections.
Area roads need to be improved-to address safety and accommodate the increase in traffic
generated by this development. Spring Run Road will be directly impacted by development
of this property. Sections of this road have nineteen (19) foot wide pavement with no
'shoulders, with substandard horizontal alignments. Based on the current volume of traffic
during peak hours, Spring Run Road-is at capacity (Level of Service E). As development
continues in the area, traffic volumes on Spring Run Road and other roads will substantially
increase. The only road improvement projects in this area currently'included in the S ix-Y ear
Improvement Plan are "spot" improvements, including: 1) realigning two (2) curves on
Spring Run Road, north of Bailey Bridge Road (anticipated construction Summer 2007); and
2) realigning a curve on BaileY Bridge Road, near Deer Run Subdivision (anticipated
construction Summer 2006), Providing needed improvements to Spring Run Road and other
substandard roads will require additional public funds, in addition to cash proffers.
The applicant has proffered to contribute cash, in an amount consistent with the Board of
SuPervisors' Policy, towards mitigating the traffic impact of this. development (Proffered
Condition 3). The proffer would allow a section of Spring Run Road to be improved from
approximately 500 feet east of Bailey Bridge Road eastward for a distance of approximately
2,000 feet, in exchange for equivalent cash proffer payment . (Proffered COndition 3.D.).
Specifically, at the option of the-Transportation Department, the applicant will either: 1 ) pay
full cash proffer; or 2) widen and overlay the section of Spring Run Road and receive credit
from the transportation cOmpOnent:of the Cash proffer for the initial seventy-seven (77) units
(credit approximately equivalent to $274,000); or 3) recomtruct/realign the section.'of Spring
Run Road:and receive credit from the transportation component of the cash proffer for an
equivalent number of lots for the construction cost 'thatWill be determined by'the
Transportation Department at. a later date. The applicant's proffer requires that the
improvements to .Spring Run Road be provided in conjunction with the initial development
of the property (i.e., prior to recordation of more than fifty (50) lots or within one (1) year
from the date of recording .the .initial. subdivision plat, whichever occurs first). If others
provide improvements to this section of Spring Run Road, .the Transportation Department
will require the cash payment.
Staff calculated the value of the Spring Run Road widening cash proffer credit based solely
on limited constmctionestimates from other projects. Staff Will use bid proposals to assist in
determining the value of the Spring Run Road recOnstruction cash proffer credit. The actual
cost of the improvements cannot be determined until the work.is completed, and may be
more or less than the estimated amounts.
At time of tentative subdivision review, specific recommendations will be provided
regarding access and the proposed internal street network. -.
10 03SN0307-MAR10-BOS
Financial Impact on Capital Facilities:
· · PER UNIT
Potential Number of New DWelling Units .' 217' · · 1.00
Population InCrease ' 590:24 2.72
Number of New Students '
.Elementary . 52.08 0.24
Middle ' 28.21 ' 0.13
High' . . 36.89' 0.17
TOTAL ' . 117.18 ' 0.54
Net cost for Schools 1,051,799 . 4,847
Net Cost for Parks ' . 150,381 · ... 693
Net Cost for Libraries ' 81,375 · · 375·
Net Cost for Fire Stations . 87,017 ' 401
Average Net COst for Roads ' . . ' ~ 891,653 4,109 l
TOTAL NET cOsT ". ' ~ 2,262,225 10,425
*Based on a proffered maximum of 2.2 units, to the acre. The actual number of units and
corresponding impact may vary.
As noted, 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
$10,425 per unit. The applicant has been advised that a maximum prOfferof $9,000 per unit would
defray the cOst of the capital facilities necessitated by this proposed development. The applicant has
been further advised that a maximum proffer of $4,815 per unit Would defray the-cost of capital
facilities necessitated by development ofthe age-reStricted Portion of the proposed development, as it
Will not have:an increased impact on school facilities. Consistent With the Board of Supervisors'
Policy, and prOffers accepted from other applicants, the applicant has offered cash, With an option to
provide road improvements, to assist'in defraying the cOst of this proposed zoning on such capital
facilities. Under this option, the cash proffer would be reduced by. the road component at a
minimum, on the initial seventy-seven (77) units. (Proffered Condition 3)
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.proffer .in this case.
11 03SN0307-MAR10-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek P1an 'which suggests the property is
appropriate for single family residential, use of 2:2' dwelling units per acre or less.
Area Development Trends:
The area is characterized by Single family residential development on acreage parcels,
public/semi-public use (Spring Run Elementary School) or is vaCant. The Upper Swift Creek
Plan anticipates residential develoPment continuing in the.area. :
Site Design:
The property is to be developed with'condominiums, cluster homes and/or single family
residential uses, all of which are discussed in further detail, herein. If the property is
developed for two (2) or more dwelling types, the Textual Statement.requires submission of a
conceptual plan to either thePl~ning Commission or Planning Department for aPProval. At
the time of review of a conceptual plan, conditions may be imposed to insure land Use
compatibility .and transition (Textual Statement, A.3.). 'Where .common areas are to be
provided within the development, the Textual Statement requires that' ownership and
maintenance responsibilities be established, (Textual Statement, A. 1.)
Density:
A maximum of 2.2 dwelling units per acre has been proffered, yielding approximately 217
dwelling units. (Proffered COndition 4)
Condominiums:
For anY condominium development, to include any part of atract~developed for such, density
would be limited to six (6) units'per gross acre and would be regulated by the Virginia
CondominiUm Act. (TeXtual Statement, B.I.b) and c))
The number of dwelling units in individual buildings wouldbe limited to maximum of ten
(10). (Textual Statement, B, La)), ': Other restrictions address building height, architectural
-treatment, setbacks(proviSions of sidewalks, curb and :gutter, driveway width, emergency
access, buffers, recreation :areas, landscaping, bUffers; provisiOns of street trees, garage
orientation and storm water management facilities. (Textual Statement, B.1.). ' '
The requirements offered for ~condominium projects are consistent with those typically
required by the CommisSion and'Board on similar prOjeCts recentlY approved.
12
03SN0307-MAR10-BOS
Cluster Homes:
Cluster homes are to be developed on individual lots having a minimum of 6,000 square feet.
'The density for any cluster development would be limited to six (6) units per gross acre
(Textual Statement, B.2.b)). Other restrictions include architectural treatment, setbacks,
provision of sidewalks, buffers, treatment of driveways, recreation areas, landscaping, garage
orientation and storm water management facilities. (Textua}Statement, B.2.)
The requirements offered for cluster projects are consistent with those typically required by
the Commission and Board on similar recently approved projects.
Single Family.Residential:
Single-family residential uses would be required to be developed, in accordance with Zoning
Ordinance requirements, for Residential (R-12) Districts and at a density not'to exceed 2.2
dwelling units per acre. (ProfferedCondition 4)
Any single family dwelling unit,except condominiums or Clusters, would be required to have
minimum floor areas: 1,700 square feet for one (1) story and 2,000 square feet for more than
one (1) story (Textual Statement, B.3.a.))
The Textual Statement would require the recordation of restrictive covenants for any
residential development, other than cluster and condominium uses. It should be noted that
the County will only insure the recordation of the covenants and will not be respOnsible for
their enforcement. Once the covenants are recorded, they can be changed. (Textual
Statement, B.3.d))
Phasing:
In response to concerns relative tothe impact of the development on area roads, a proffered
condition was submitted for the phasing of the development. Ultimate bnild out-will not
occur until 2008 or later. (Proffered Condition 6)
Recreation Area:
The applicant has agreed to provide a minimum of 1.5 acres within or conveniently
accessible to each condominium and cluster home develOpment, for all condominium and
cluster home developments within the entire project. Withineaeh 1.5 acre site, the applicant
plans to provide a minimum 0.75 acre area, located and positioned to provide a"focal point"
as one (1) enters the condominium or cluster home development. Benches'and other
amenities are to be provided in a portion of this area to facilitate outdoor gatherings. (Textual
Statement, B.l.o) and 2.j))
The applicant may also provide active and passive recreation areas within the development.
The Textual Statement provides for. setbacks, buffers and other restrictions to minimize the
13 03SN0307-MAR10-BOS
impact of such recreational facilities on surrounding residential uses. (Textual Statement,
B3.b))
Within any condominium develoPment, children's play facilities such as playground-
equipment or other facilities primarily associated with children' s play would be prohibited.
(Textual Statement, B.l,p))
CONCLUSIONS
The proposed zoning and land uses comply with the Upper Swift Creek:Plan which suggests the
propertY is appropriate for single family reSidential use of 2.2dwelling units per acre or less. The
density proposed by this application is 2.2 units per acre. With the Textual Statement and proffered
conditions, the proposed zoning and land uses are representative of, .and compatible with, existing
and anticipated area development.
The proffered Conditions adequately address the impact of this 'development on necessary capital
facilities, as outlined in the Zoning Ordinance and the Comprehensive~Plan.' SpeCifically, the need
for schools, parks, libraries, fire stations and 'transportation improvements is identified in the
County's adopted Public Facilities Plan, Capital Improvement Program and Thoroughfare Plan and
the impact of this develOpment is discussed herein. The proffered c°nditionsadequately mitigate the
impact on capital facilities, thereby insuring adequate service levels are maintained and protecting
the health,-safety and welfare of CountY citizens:
Given these considerations, approValofthis request is reco .mmended subject to addressing concerns
relative to provision ora second access to.the condominium development; as discussed in the "Fire"
section of this "RequeSt AnalySiS".
CASE HISTORY
Planning Commission Meeting (8/19/03):
At the request of the applicant, the CommissiOn deferred this case to the Commission's
November 18, 2003, public hearing.
Staff(S/20/03):
The applicant was advised in-writing that.any significant newor revised information should
be submitted no later than SePtember 15, 2003~ .for consideration'at the Commissioffs
November 18, 2003, public hearing. Also, the apPliCant was advisedthat a $250.00 deferral
fee must be paid prior to the Commission's public hearing,
14 r03SN0307- ~MAR10-BOS
Applicant (9/3/03):
The applicant paid the $250.00 deferral fee.
Staff (10/29/03):
To date, no new information has been received.
Planning Commission Meeting (11/18/03):
At the request of the applicant, the Commission deferred.this case to FebrUary 17, 2004.
Staff (11/19/03):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than December 15, 2003; for consideration at the Commission's
February 17, 2004, pUblic heating,. Also, the applicant was advised that a $250.00 deferral
fee must be paid prior the CommisSion's public hearing;
Applicant (12/4/03):
The'S250.00 deferral fee was paid. .
Applicant (1/30/04 and 2/6/04):.
Revised proffered conditions and Textual Statement were Submitted.
Applicant (2/1.3/04):
The part of the request for an exception to'the .requirements for a second access was
with&awn. In addition, to ad&ess concerns of the Matoaea District Commissioner; the
applicant submitted an additional-proffered condition requiring phasing of the development.
Applicant (2/17/04):
The applicant submitted a revision to the previously submitted eashproffer which would
allow road improvements in exchange for equivalent cash.prOffer payment.
15 03SN0307-MAR10-BOS
Planning Commission Meeting (2/17/04):
The applicant accepted the recommendation. There. was support present.
On motion of Mr. Bass, seconded by Mr. Litton, the Commission recommended apProval of
this request subject to the Condition and acceptance of the proffered conditions on pages 2
through 6.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, March 10, 2004, beginning at 7:00 p.m., will take under
consideration this request.
16 03SN0307-MAR10-BOS
'~EXTUAL STATEMENT
May 16, 2003
Amended lanuary 23, 2004
This is a request to rezone the entire Property to R-12 with a ConditiOnal Use Planned
Development (CUPD) that will permit development Of a mixed use, planned community
including single family residences, Condominiums and Cluster homes. Except as qualified herein,
uses permitted in the Residential (R~ 12) District and active and passive recreation uses shall be
permitted throughout the property:In addition, the following Uses,' as more fully defined below,
shall also be permitted:
A. Gener~ Reqnirements Applicable to All'USes
1. Common Areas. Common areas and ownership of property shall be. regulated'by
SectiOn 19-559 of the County Zoning Ordinance.
3.Mixing of .Uses. There shallbe ne"mixing' ' "of uses (e.g., 'if The Property is to be
' developed for condominiums, all of the property, shall be developed as
condominiums, or if The Property is developed for Residential (R-12)
uses, all of.The Property-Shall be developed for Residential (R-12) uses). ~
Provided, however;the mixing of uses may be permitted ifa conceptual plan is
submitted for reView and apprOval and the conceptual plan addresses land use
transitions and compatibility-between uses within the Property itself as well as
with'adj acent properties Land use compatibility and' transitions may include, but
not necessarily be limited .to, the exact location of uses, buffers, and site design.
Such.conceptual plan shall.be approved by either the Planning Department or the
Planning Commission, at the election-of the developer, and.such review shall be
subj eot to appeal in accordance with. sections 19.268(d) and 19-269(e) of the
County Code. '
B. Requirements for Specific Uses
1. Condominiums
Condominiums shall meet the following requirements:
a)
b)
c)
d)
e)
(0
g)
Number of Units Per Building. No more than ten (10) dwelling units shall be
permitted in any one building;
Virginia Condominium Act~ Dwelling units shall be condominiums as defined
and regulated by the Virginia Condominium Act;
Density. The overall density shall not exceed six (6) dWelling units per gross acre;
Lot Coverage.. All buildings, including accessory buildings, shall not cover more
than forty (40) percent of-the-area devoted to the condominium development;
Building Height. The maximum height of all buildings-and structures shall be
three (3) stories or forty (40) feet, whichever is less;
Architectural Appearance. The architectural appearance and materials of
buildings containing not more than four (4) .units shall be similar to the elevations.
attached as Exhibits B and C, and employ the following materials: brick veneer,
composition siding and 20 year asphalt shingles, or.shall be of at least similar
quality, as determined by the Planning Commission at time of site plan review.
The architectural appearance and materials of buildings containing more than four
(4) units shall be similar tothe elevations attached hereto 'as Exhibits D, E, and F,
°r shall be of similar quality as determined .by the Planning CommiSsion at time
of site plan review; -
.Building Setbacks from Roads'and Driveways. All structures.shall be 'set back a
minimum of. ten (1. 0) feet from roads and' driveways except as provided in
paragraph (s); provided that no setback shallbe required from driveways that
serve garages or parking spaces of individual dwelling units and do not provide
2
i)
J)
1)
n)
general circulation'Wit~ ' the condominium development ("Individual
Driveways");
Building Setbacks from Perimieter of Tract., Al! Structures shall be setback a
minimum of fifty (50)feet from the perimeter of the Tract or from the perimeter
of the area devoted m cOndominium develoPment. Al! perimeter yards shall be
planted per the requirements of Perimeter'Landscaping C of the Zoning
Ordinance.
Distance Between Buildings. The minimum distance between buildings shall be t
hirty (30) feet;
Driveway and parking Setbackg, .Except as provided in paragraph (s)~ all
driveways and parking areas shall, be setback a minimum of fifteen (15)feet bom
the right-of, way ofanyexisting or proposed right-of-way except that the setback
adjacent to Hensley Road or any collector road external to the condomini, um
development shall be fit'ty-(50) feet;
Sidewalks. Sidewalks-Shall be provided that~ facilitate pedestrian access within
the Development, to_:thereCreational areas in the DevelOpment, and to 'the overall
project. The exact loeation~and design of the sidewalksshall be determined by
the County at the time of site plan revieW; provided; hoWever, that, unless
otherwise approved bythe Planning Commission at.time of site plan approval
upon a determination that an alternative system Will accomplish the spirit and
intent of this requirement,, sidewalks shall be installed-on those
portions of both sides ofaltroads that have condominiums fronting the road, but
not along Individual Driveways;
Curb and Gutter. Roads, driveways (with the excePtion of Individual Driveways),
and parking areas shall-have concrete curbs '-and 'gutters unless it is-determined at
the time of site plan review that the curbs and gutters are,not necessary to effect
proper drainage or t° Centre! traffic.;
Driveway Width. Unless otherWise approVed.by the Planning CommiSsion at
time of site plan review upon a determination .that a lesser driveway width.will
provide adequate' access; driveways shall have a minimum Pavement width of
twenty four (24).feet, proVided that driveways that Provide the primary access
directly to a public:road shall have a minimum pavement:Width of thirty. (30) feet,
and Individual DriveWays Serving not more than four (4) dwellings shall have a
minimum pavement width of seventeen (1.7)'feet;
Emergency Access. A second rOad. access shall be provided :from any . .
Condominium development to a public road prior t0.occupancy of more than fifty
3
o)
(50) units. Subject to approval at the time of site plan review, such second access
may be designed and constructed to accommodate.traffic only in.an emergency
situation, provided that sUch emergency access Will facilitate emergency traffic
movements as adequately as a public road access;
Recreation Area. A minimum of 1.5 acres included Within, or conveniently
accessible to, each condominium development shall be provided for suitable
active and passive outdoor recreational, use by the occupants: A minimum of 0.75
acres of this 1.5 acre open space/recreation area shall be located and positioned to
provide a "focal pOint" as one enters each condominium` development. Part of this
area shall be "hardscaped, and have benches and other amenities that
accommodate and facilitate outdoor gatherings. This area shall be. developed
concurrently with the'development of the first phase.Of each condominium
development, and its exact design and location -approved at the time of site plan
.review.
p)
q)
r)
s)
Restriction on ChildrenTs Play Facilities. The common area recreational amenities
shall not include playground equipment, play fields or other facilities primarily
associated with children's play. Adult.facilities including, but not limited to,
swimming pools, putting greens or shuffleboard maybe permitted;
Street Trees.. Street trees shall he planted or retained along each side of roads and
driveways except for Individual Driveways. The exact spacing, species and size
shall be approved at the time of site plan review.
Landscaping. Landscaping-shall be provided around, the perimeter of all buildings,.
between buildings and driveways, within medians,and within common areas not
occupied by recreational facilities or other structures. Landscaping shall comply
with the requirements of the Zoning Ordinance, Sections. 19-516 through 19-
518(0. Landscaping shall be designed to: minimize the predominance of building
mass and paved areas; define private spaces; and enhance the residential character
of the development. The exact number, spacing, arrangement and species shall be
approved at thetime of site plan review;
BUffers. A fifty (50) foot buffer Shall be maintained adjacent to Hensley Road and
any other public road which is a major arterial, and a thirty-five (35) foot buffer
-shall be maintained adjacent to.any pUblic-road that is an internal collector road.
At the time of site plan review, the width of this bUffer may be modified if it is
determined that adequate landscaping or Other treatment' to minimize the impaCt
of adjacent roads on residences.can be accomplished in a lesser width:~ The exact
treatment of the buffer area Shall. be approved at the-time of site plan .review. This
buffer area shall be maintained as common open space.
t)
u)
(v)
Garages. All dwellings that provide a.garage shall employ side orrear entry
garage designs except that front entry garages may be permitted if the. Planning
Commission determines, at time of site plan review that, based on the design of.
individual units, front entry garages would not have an adverse effect on the
streetscape.
Storm Water Management Facilities or BMPs_ Any open basins.required for
water quantity or quality control that are visiblefrom public roads or from -
residences shall belandscaped or otherwise improved so that the facilities become
visual enhancements to, and amenities for, the .uses developed within the
condominium development. At the time of site planreview, a plan depicting this
requirement shall be submitted to the Planning and Environmental Engineering
Departments for review and approval.
All roadS that accommodate general traffic circulation through the development,
as determined by the Transportation Department, shall be designed' and
constructed to state standards and taken into the' state system. This condition
may be modified by the Transportation Department i fit is determined that the
roads or any part. of such roads cannot be designated for state acceptance.
Setbacks from the .public rOads shall be as identified:for special:, access streets
pursuant to Section 19'505Co) of the Z°ning'Ordinance. For any .roads which
accommodate genera!traffic circulation through the development that are not to
be a part of the state system, a-plan that insures the continual maintenance ofthe
private streets shall' be submitted to, and approved 'by, the Transportation
Department.
2. Cluster Homes
Single family detached cluster homes shall meet the following .requirements:
b)
c)
d)
Lot Size. The minimum 10t size shall be as foll.ows: a fifty (50) foot minimum lot width;
and a six thousand (6,'000) square foot minimum lot area;
-Density. The overall density shall not exceed six (6) units per gross acre;
- Architectural Appearance; The architectural apPearance and materials of cluster homes
shall be similar to the elevations attached-as 'Exhibits G.and H, which depict vinyl siding
and twenty year fiberglass shingles,' or Shall be of at least similar.quality, as determined
by the Planning CommisSion at the time 0ftentative subdivision approval.
Front, Comer Side.and Rear Yard. For principal structures, front,, comer side and rear'
yards shall have a minimum depth of twenty-fiVe (25) feet. Accessory structures shall
3
t)
g)
h)
e)
have a twenty-five (25).foot front, yard setback, but no rear yai'd setback;
Side Yards. Principal structures shall be located no more than five (5) feet' from one side
property line, no less than ten (10) feet from the opposite~,side'Property line, and'among
every group of three 0) adjacent dWellings fronting °nthelsme-Street there shal.1 ~be a
rmnmaum of twenty (20) feet of space between-at leasti?o (2) of them; Providedi: ' '
however, that, if the overall intent of proViding visual, s~Parati0n and clustering is '
achieved for the cluster home development, the.Planning C0mmission' at.time of
tentative subdivision review, maY approve eXceptionS-to these Side yardrequirements~
Accessory structures shall haVe no side yard setback;'
.Sidewalks. Sidewalks shall beprovided thatfacilitatepedestrian access Within the-
Development, to the recreational areas serving, the ~Deveiopmenti to Spring Run
Elementary School and'to the 0verallProject.-The exact;!0cation~and deSignofthe
Sidewalks shall be determined by the County at :the time' 6ftentafive subdiVisiOn review;
provided, however, that, unless otherwise.approved by the~p!anning COmmissiOn atfime '
of Subdivision review UPon a determination that ~ alt~mafi~0S~stem Will aceomPligh..
the spirit and intent of this:requirement, sideWalks sha!l!b-ei~inst~ted On' thosepo~Ons:o'~
both sides of all roads that have cluster homes frontingon;the~mad;
Buffers; Buffers Shall comply.With Section 17-70 of the SUbdi~sion Ordinance:along
'roads and shall be located within recorded open spacesi, .: ~
i)
J)
Landscaping. Landscaping shall
between buildings and driveways,
occupied by
reqUirements of the Zoning Ordinance,
shall bedesigned to: minimize
define private spaces;
- exact number,
Department prior to issuance. Of anY buildingpermit;
Recreation Area. A minimum 0f?l.5
to; each-cluster
~outdoor recreational
-openspace/recreation area'shall-be located and-
one enters each
have benches and-other amenifiesthat accommodate
This. area shall be developed: concurrently with the
cluster home development,
k)
1)
in)
time of tentative subdivisiOn-review. '
Garages. All dwellingsthat prohde a garage shall'employ~sideor rear entry garage i
designs except that front en_t~y g~ages may bepermitt~dff'~e:Pl~ng.commis~ionlj~..
determines at time of. sitepian ~b~ew that, based on tli~ :tlesi 6findividual
entry garages would not:h~tve an;adverse 'effects°n-the-Stre~tscape( -
Storm. Water Management Facilities orBMPs: Any. oPen:basins required
quality Or quantity c°ntr°l?tha are visibie.frora pUbliem~ds:Of:from residences
landscaped or otherwiseimpi~0~ed so that. the ,facilities: become,:visual enhancementS;t0~
and amenities for the uses:de~elol~ed within:the:clust~ih0m~;dev_elopment..
tentative subdivisi°n revieW?:Plan dePicting this. reqUifement. Shall be Submitted t0!~e
Planning and EnvironmentalEngineering DeP~entS:fOr:re~ew,and approval-.
Street Trees..'Street trees.,sha!l hePlanted or
driveways except for Indi~idualDrivewaysiThe. exact spaclngi speCies'and size'
apprOved'at the time ofsitePianreview. ' ' '
Residential (11-12) ,
All dwellings other thanC°nd0~ums .and Cluster Homes:Shall meet the requireinefit
of the Residential (R- !2)
a) Minimum Square.F00tag? fOr Single Fam~:l¥.DWeilln:gS~; .With the excepti0n;o'f~i?
ClUSter Homes °rc~shdo~niums~.~
~detaehed homes-shaii~!be-:asi;f°llowS: .
1 Story - '1,700 sqUare feet;
More than 1 sto~4;:, 2~000 square.feet; -
b) Recreation Areas. At'
..areas may be
requirements:
(i)
sWings~jan§le gyms,
(!(
.5.
d)
one hundred (100) feet from any existing or prOposed single family
residentialiot line, and a minimum of fifty (50) feet frOm any
existing or'proposed road; '
(ii) : Within the one hundred (100) and fifty (50)' foot setbacks, a fi~
(50) footbUffer shall be provided along.the perimeter of all active
recreational facilities except-where adjacent-to any existingor ::
proposed .mad. This buffer: shall cOnformto the requirementS.of
Section I9z521 (a) through (h) and 1:9-522'(a)(2) of the Zoning
Ordinance :for fifty (50) foot buffers;
(iii) Any Playground areas (i~e2 areas-accommodating swings, jungle
gyms or similar such facilities) andtennis courts shall, be locaterra -
minimum of forty (40) feet fromall.property Iines: A forty:.(40)'~.
foot bu.ffer ~hall be provided alOng~e perimeter of these '
recreational:facilities except where adjacent to any eXisting.or ;.-'
proposedroads. This buffer'shall Conform:to 'the requirements of
Seefions 19~521 (a)throUgh(h) and 1~9,522(a)(2) oFthe~-Z°ning:i-'.~
Ordinance for fifty (50) foot butters..
(iv) Nothing within.this condition shall prevent development of indoor
facilities and/or parking.within the_one hundred(100) foot Setback;
(v) Thereshall be no outside Public addresS'system or-speakers;- '~'
(vi) Exterior lighting for recreational uses shall comPly with seetiom.
19'573-°f~ Zoning 'ordinance,~ and;ithe: maximum height fOr light'
posts shall'not exceed tWenty.'(20)-feet.~~ ~
(vii) The !Ocation of all active recreatiOnaluSes shall be identified :in
conjunction-with'the submittal o~ the':-fii~t' tentative' subdivisi0n"~
(viii) In conjunctiOn with the recordation Of:anylot adjacent to active.
recreation/al area(s), such;area(s) Shall be identified °n the record-
plat alongiwith the propose6:recreati0naI:uses and required : ·
conditions;
Covenants.. For all properties .containing single family detached dwellings (except
Cluster.Homes and Condominiums), the folloWing Declarati0n °fRestricfions shall
recorded in conjunction with:the;recordati°n of any SubdiVisiOn plat:. '...
THE OWNERS do hereby declare that said property is to:beheld, oWned, conveyed~ used~'
6
and occupied subject to the fOllowing restrictive.covenants:
(i)
An Architectural Review Committee, hereinafter called ARC. shall be comprised
of Douglas R. SoWers, his heirs, personal' representatives; successors, and assigns,
any of which may act. The ARC shall c°ordinate:each:residence and lot and shall:.
establish reasonable rules-and regulations relatingto~the Procedure for ":.
architectural approvals and general guidelines for~ChitectUral plans according t°--
the following architectural guideiinesi
All plans to be approved prior' to commencement ofconstmction on'each-
lot. House location to be approved priOr.to ~construetion. ' ~ ~ ~
'Roof
Minimum 7/12 pitch
Minimum 12" overhang
No uncolored galvanized flashing
Foundation
Brick foundations.
Brick or stone on C~ey chases . .
Dwelling
Main body of house to be aminimum of 30. feet.in width"
No single story homes adjacent to each other
Stoops and walks -
Brick stoops or painted fir (no salt treatedstoops exg. ept:aVhen approved by:ARC)
Minimum 40 sq. ft.'
Concrete sidewalks ' . '
Painted lattice undcr front Porches ' ~' '
- painted risers °nSteps, painted pickets and
painted band on front porches
. Siding .
panel shutters on front windows. -
Minimum 1 x 6 rake and facia boards
No TI-11 siding ~' '
Landscaping . '
ii)
iii)
$300 allowance for shrubs White painted mailbox and lamp post .conSistent
throughout'subdivisioh .
Builder to leave as many trees as possible overC.inches at the base
Base
3 color exterior paint except for 2 colorS, if
painted white
Satellite Dishes and sWimming pool design, location and screening to be approved
prior to installation. ' : . . - -
The ARC reserves the right to .modify the above restrictions or any other imposed
-deed restrictions in all or in part without notice. In addition, theARC reserves the
right to make special exceptions to these, conditions- on an individual, basis;
however, any special exception(s)shalt not-be deemed, as. waiver of the
restriction(s)'as theymay apply in the 'future. ' ~_- ~
The ARC reserves the right to disallow.construCtion of architecturally-similar '
homes adjacent to each other. ' ~
The ARC shall not be liable to any Owner.or tomy.other person on' account.o.f
any claim, .liability, damage, or expense Suffered'Or incu~ed by or threatened
-.against an owner Or sUCh°ther person.arising oUt- ofOs :in any way relating:to the
subject matter of any reView, acceptances, 'inSpectiOns, PenffisSions, .consents;:. or
required approvals Which mUst be obtained fi.(}m~ffiei~C'Whether given,_, grahted
or withheld.
No 'repairs, changesin color, excavations~ change~!iin!:grade,, majOr landscaping(or
other work whiCh in mY Way alters the extefiOr.apPear~Ce'°fanYLot or' -
~mprovement locatedthereon fi.om its natural or-improved state: existing on the
date such Lot Was first conVeyed in fee. by:DouglaS?R:: SOWers, :his. succesS°rs!;-
and/or assigns, to.an °wner (including c!earance or,trees:and.vegetation, .
driveways, entrance Ways, fences, mai!b°XeS~, and l'amPP~st structUres), shall?be
made or done until:the:PIans, sPecificationS; Wor~g idraWings, and PrOposalg: fo~
the same showing the naive, kind, Shape;.tYPe~.Coi0r, mateiSals~ and lo~ation 6~'.
the improvements On-the ',Lot and'a landsCaPing Pl,:Shall: have been-submi~ed;to
and approved in writing a ~ to harmony'of.external:d~si:gn and location inf':- :
relations to surrounding Structures, topography.' and.aPpliCable go~emmenta1:
requirements bY. the ARC. - .
All easements.along road frontage and lot lines as maybe shown onany
iv)
subdivision plat.are hereby reserved unto:the dev~loP~r,...his personal .
representatives, heirs; ~signs; or agents;:' for_the::r;ti~.0}~e of drainage or furnishing
light, telephone'°r anyoth~r utility t0thepr°pe~..' -
LOts shall be occupied and. used as folloWs: .
a) Lots shall 1
(1) . ':
One.priVate dwelling
for occupancy by a single famil~?:i': :':;.. - -
(2) PriVate g~ages
Lot upon
b) A single
vi)
vii)
Viii)
ix)'
No building
is permitted
building is
No structure'
or other outbuildingshalt:be used .on
temPorarily or pem~fiflT.
The
nine (9)
Shall be
accumulation
It is the
unsightly, or
improvement~
painted on a re
as a dumping
shall not be
sanitary
screenin
No nuisance or o:
-nor shall any poultry,
upon any
. -:f-.-::
x)
the exception, of dogs, cats or other normal hOUsehold animals kept as pets thereon.
in numbers not exceeding thosepermitted by the'law,,providedthey are not kept,'
bred or maintained for anY commercial purposeS, and must be kept under control
of their oWner when °utside'oWner~spremiseS, nor:ieonSfitute a nuisance in the '
op/nion.of the ARC, its successors or assigns. No use shallbe made of any Lot-
which will depreciate or adversely affect the surrounding Lots or the propertyl: '_-
Each residence constructed on a Lot shall be connected toa public sewer."
xi)
xii)
xiii)
xiv)
No Lot shall be further subdivided.without prior w~tten Consent of the ARC.
However, the developer hereby expressly reserves:for itself, its successors, and.
assigns, the right tore-subdivide any Lot or LOts. shoWn on any recorded plan. of
subdivision of the property prior to the delix~ery 0fa deed to said Lot or Lots '
without the prior written consent of any Lot OWner. ' .
Except for emergencies;which emergencies mustbe Pr°ven to the satisfaction:of
the.ARC, no trees with a diameter.of.six (6) inches or more, measured two-(2);feet
from the ground; no flowering trees, shrubs, orevergreens.may be cleared from
any Lot without priOr written permission of the ARC-/~ the.event a Lot OWner
-violates this covenants the Lot Owner will be fined$25..00:per inch for every sttCh
tree removed and it Shall be assumed that' each t:ree;:had a diameter'of twelve (12)
inches. -~
. No commercially licensed vehicles~ motor vehicles, recreational vehicles, boat. s,
disabled vehicles, vehicles :with°ut a current state license or state inspection
sticker, machinery, or other equipment shall'be visiblei fi'om the street for apefi~d''
exceeding twenty, four (24)hours.' Any screening 0~"~u~h vehicles must be ..-:
apProved by theARc: ThiS covenant shah not aPP!Y:t0:vehicles andequiPmeiit
used ~n connection: with construction upon Lots,~ whi!elSUeh' construction isin . :
progress, or in connectiOn-with the deve!opment°me Property. It shall bethe
reSponsibility of each Owner to cOnstruct and maintainsuitable and adequate
parking space on ~his Lot and all vehicles shall be~p~ked thereon.
The 'operation of unlicensed motor bikes;ATV's, andmotorc.., y¢les on the lots and
entrance area shall be siibject to'regulation bY'the OwnerS and may be prohibited
entirely. - ' ' ~ '"
xv)
xvi)
No external illumination on any Lot shall be of such.i-character or intensity or so
located as to interfere with:anY other owners-use Or enjbYment of'his 'Lot.-.N0 '~' '"
neon or flashing lights shall_be permitted:. All extemalqighting must be appr°ved
as to size and intensity bY: the ARC...
Except during construction, no signs of any kind Shall be.displayed to the'public'
10
xvii)
xviii)
xix)
xx)
xxi)
xxii)
view on any lot except:
One sign not exceeding four (4) square feet in areas, used for the purpose
of advertising the Lot for sale or rent: and.
b)
One sign not exceeding four (4) square feet in area which identifies- the
resident occupying the Lot, the. name· of the Lot, or both.
No temporary, pOrtable, or above-groUnd sWimming Pools may be erected on any
Lot that will be .visible from the street.
No outside antennas, television or otherwise, shall be permitted;' proVided,
'.however, that until cable television becomesavailable to-the property, exterior
television antennas shall be permitted, prOvided that they do not extend more than
five (5) feet past the roof line of any dwelling. No satellite dishes .shall be visible
from the street.
No construction shall be permitted without appropriate erosion control-so as to
prevent the discharge of any soil or other material Onto any other Lot or Common
Area. The ARC may establish reasonable rules and regulations establishing a
max.imm percentage, of any Lot which may be covered by a.building, driveway
or other structure
No fences or walls not constituting a part ora building shall be erected, placed or
altered on any Lotnearer to any street than the'minimum:eXterior. setback line, but
in no case shall it extend further forward than the rear. of the house except with the
approval of the ARC.
No shrubs, trees, fences or structures of any type shall he erected which may
partially or fully blOck vehicular sight distance, as set forth, in-the Virginia- ' '
Highway Department regulations, on any roadway.
No lot owner shall disturb or siltate shoulder, backslopes, ditches, pavement, Curb
and gutter, driveway culverts, .or any other improvements within the public right:
of-way. Each .Lot Owner agrees to be resPonsibl, e for disturbances,, damages,
and/or siltation caused by themselveS,. their emploYees, suppliers, contractOrs; or
others, and shall have fourteen (14) days from the::iieceipt of a letterfrom the
developer and/or the ARC to Correct the damage. If.a Lot Owner' fails to'correct
the damage in..a workmanlike manner, then'the developer or its assigns shall have
the right to correct'the damage and bill the Lot Owner. directly on a cost-plus-
fifty-percent (50%) basis.-If a Lot owner does nOt make payment within thirty '
(30) days ofpresentation of.the bill, a two percent (2%) per month serVice charge
shall be applied to such bill...
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-xxih)
xxiv)
xxv)
xxvi)
Any one or more 0fthe Covenants. and Restrictions imposed in Paragraphs a
through v hereof may be WaiVed, modified, or rescinded, in whole or in part, as to
all of the property or any Lot, by written instrument of the ARC.
Invalidation ofanY of these covenants and conditions, by court adjudication or
otherwise shall in no way modify, affect, or invalidate any of the other covenants
and conditions contained herein which shall.remain in fUll force and effect.
Each and every covenant and condition herein imposed may be enforced by the
undersigned or the owner of any LOt by appropriate proceedings at law or in
equity against any party violating or attempting or threatening to violate the same
to prevent or rectify such violation and or recover damages therefore. The failure
of an owner or the Undersigned to bring, any such proceeding shall not be
considered as a waiver of any rights at'law or in equity that any such party may
have for past or future violation of any covenant herein contained
These covenants.and conditions are to mn with the land and shall be binding UPon
subsequent owner or owners and all parties claiming through or Under such owner
or owners for a period of thirty (30) years from the date these covenants are
recorded, after which time said covenants shall' be automatically extended for
successive periods of ten (10) years Unless an instrument signed by a majority of
the owners of the Lots. has .been recorded, revoking said covenants, or agreeing to
change said covenants in whole or in part.
Douglas R. Sowers, Applicant
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