04SN0157-May26.pdfMay 26, 2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
04SN0157
(AMENDED)
Douglas R. and Susan S. Sowers
Matoaca Magisterial District
Grange Hall Elementary, Bailey Bridge Middle and
Manchester High School Attendance Zones
Northeast quadrant of Beach and Baldwin Creek Roads
REQUEST:'_ Rezoning from Agricultural (A) to Residential (R-12) of 80.8 acres 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, along with supporting recreational uses is planned. The applicant has-agreed
to limit development-to a density of between 2.0 and 2.2 dwelling units per acre,
yielding approximately 174 dwelling units.
PLANNING COMMISSION .RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 6.
STAFF RECOMMENDATION
Recommend apProval for the following reasons:
The proposed residential zoning and land use complies with the Upper Swift Creek
Plan which suggests that the portion of the property which drains to the Swift-Creek
Reservoir is appropriate for residential the development of 2.0 units per acre or.-less
and that the portion of the property which does not drain to the Reservoir is
appropriate for residential development of 2.2 units per acre or less.
Providing a FIRST CHOICE COmmunity Through Excellence in Public Service.
The proffered conditions address-, the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
SpeCifically, the needs for roads, schools, parks, libraries and fire statiOns is
identified in the Public Facilities Plan, the' Thoroughfare. Plan and the Capital
Improvement Program, 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
weffare of County citizens.
(NOTE: CONDmONS MAY BE.IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS .WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL .CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC) 1.
The Textual Statement, dated March 5, .2004, shall be considered the
master Plan. (P)
(STAFF/CPC) 2.
In'conjunction with the initial tentative 'subdivision plan review, an
overall plat shall be submitted for the residential portion of .this
request depicting the acreages for that property which does and does
not drain to the Switt Creek Reservoir for the purpose of confirming
overall project densities. (P)
PROFFERED CONDITIONS
The Owners-Applicants in this zoning.case, pUrsuant m 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 properties known as Chesterfield County'
Tax IDs 709-662-5658-00000 and 707:660-8583-00000 (the "Property") under consideration will
be developed according to the attaChed-Textual Statement and the folloWing conditions if, and only
if, the rezoning requests for R-12 as set forth in the above heading' and the application filed herein 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 and the approved
devices have been installed.
2 04SN0157-MAY26'BOS
(STAFF/CPC)
(STAFF/CPC)
o
o
Drainage. In order to ensure that the'drainage on the property
is adequately handled, the Applicant proffers to: (i) replace all
culvert pipes under Beach Road and/or BaldWin Creek Road to
ensure adequate size to handle .the Ultimate upstream drainage
area, or (ii) retain water onsite so that the existing pipes
remain adequate, or (iii)-a combination of (i)'and (ii) above.
(EE)
Utilities.
(a) Public water shall be used.
(b) Public Wastewater gravity sewer-shall be used.
Prior to 'the issuance-of the first building permit for each
tentative subdivision plat or prior.to the issuance of a building
permit for each site plan-approved for the Property, the
developer shall make payment to Chesterfield County in the
amount of $200.00 per acre-for that particUlar plat or plan as a
contribution .towards. the expansion of the Dry Creek
Wastewater Pump Station. The total cOntribution shall be
based on the total acreage served by the public-wastewater
system; (U)
Transportation.
In conjunction with recordation of'the initial subdivision plat
or prior to any site plan approval; whichever. Occurs first, forty-
five (45) feet of fight-of-way along the north side of Beach
Road- (State Route No. '655), measured from.the centerline 'of
that part of Beach Road immediately adjacem 'to the property,
shall be dedicated, free and unrestricted, to and for the.benefit
of Chesterfield County.
A revised centerline for'the realignment of Baldwin Creek
Road at its intersection with Beach.Road shall be submitted to
and approved by 'this . Transportation Department. - In
conjunction with recordatiOn-ofthe initial subdivision plat or
prior to any site plan apprOval, whicheVer occurs, first, forty-
five (45) feet of right, of-way along the east side of Baldwin.
Creek Road .(State Route No, 730), measured from the
approved revised centerline of.that part of Baldwin Road
immediatelyadjacem to' the entire property, shall be dedicated,
free and unrestricted, to and..for the. benefit'of Chesteffield
County.
3 04SN0157-MAY26-BOS
(c)
No direct access shall be provided from the property to
Baldwin Creek Road.
Direct access from the property to Beach Road shall be limited
to no more than three (3) public roads. The westemmost
access to Beach Road shall be located, approximately 750 feet
from the approved revised alignment of the Baldwin-Creek
Road intersection as described .in Proffered ConditiOn 3(b).
The exact location of these accesses shall be approved by the
Transportation Depamnent;
To provide an adequate roadway system, the developer shall
be responsible for the following improvements:
(i)
Construction of additional pavement along Beach Road
at each approved access to provide left and fight turn
lanes, if warranted, based on Transportation
Department standards.
Widening/improving the-north side of BeaCh' Road and
the east side of Baldwin Creek Road to an eleven (11)
foot Wide travel lane, measured from the centerline of
the roads, With an additional One (1) foot Wide paved
shoulder plus a 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 right-
of-way (or easements)required' for the improvements
identified above. In the event the Developer .is unable
to acquire the right of way necessary for the road
improvements as described above, the Developer may-
request in writing, the County to acqtfire such.right, of
way as a public ;road 'improvement. All costs
associated with the-acquisition of the right-of-way shall
be borne by. the. Developer. In the event, the County
chooses not to assist the ~Developer in acquisiti:on of
the "off-site" right of way, the developer 'Shall be
relieved, of the obligation to acquire the "off-site"right
of way and shall be required only to Provided the road
improvements that can be accommodated Within
available rights of' 'way as determined by the
Transportation Department.
4 04SN0157-MAY26-BOS
(0
Prior to any construction plan or Site plan' approval, whicheVer
oeem's first,-a phasing plan for the required- ..road
improvements, as identified in Proffered. Condition 3(e), shall
be submitted to and approved by the Transportation
Department, (T)
(STAFF/CPC)
(STAFF/CPC)
A~e' ReStriction. Lots for AgerRestricted Dwelling Units ,shall- be
grouped together on a particular portion of the Property and shall not
be scattered among.other residential units.::~At the tim~ of recordation
of a subdivision plat or the approval ofanYsite plan, the lots shallbe
noted age-restricted.. Any Site Plan fOr Age ReStricted DWelling i)nits
shall also'note the restriction. (P) ~
Cash' proffer. The.applicant, subdiVider, Or assignee(s) shall 'pay the
following to the County of Chesterfield Prior to the issuance of each
building permit for infi:astructureimproVements within the serqtce
district fOr the property: : '
(a) 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 SwiR::bUilding ex>st i~idex ~be~Ween
July 1, 2003,-and July 1 of the fiscal Year in which, the
payment is made if paid after June 30, 2004.
(b) provided, however, that if anYbuilding permits issued-on the
property are for senior h°Using;:the Units of which meet the
ocCUpancY requirements for ?"fige 55 Or over', hOusing as set
fOrth in Section 3607 of theFair HOusing ACt, 42 .USC Section
360i. et seq.,as amendediiby:ithe':Fair Housing Amendments
Act.of 1988, and of 24 CFR, S~fion 100.304 in. effeCtas' of the-
. date of the Rezonmg,. and:which:are subject to the OcCUpancy
requirements thru no personundert9 shall, reside in'sUch;unit,
~ the amount apprOVed by ~e.Board of SupervisorS/but;n°t. to
.exceed $4,8.i5 per.dwe!,ling Unit~i~as. adjusted upward bY'any
increase in the Marshall:~:i~d~iSwift.-Building-CoSt' ~de~
between July 1, 2003.~d:ijUlyi:°f thefiseal year.in which:the
payment is made .if. paid. after'jUne 30' 2004~ At the ~eof
3a ent, the $4 81 will!be:fll0eated., pro.rata among the
facility costs .as fOllows: $598 Tot. parks and recreation,. $324
. f°r.Iibrary facilitieS,' $3;547for'- rOads, and $346 for;fire
:stations. Payments-in exeess~Of$4;815 shall be prorated'as set.
-forth-above... -' ' ~
(e) _ 'If any of 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
' 5 04SN0157-MAY26-BOS
returned in-full to the payor. Should Chesterfield COunty
impose impact fees at any_time during the life 'of the'
development that are applicable :to the Property, the amount
paid .in cash proffers shall be-in lieu of-or credited.toward, but
not be in addition to, any impact' feeS;' in a manner determined
by the' County. (B&M)
(STAFF/CPC)
(STAFF/Cpc)
(a)
The total number of residential units on that portion of. the
property requested'to be rezoned R-12 which drains to the
Swift Creek Reservoir'shall notexceed two (2) units per acre.
(Note: The Applicant has determined that 17 acres, more or
less, of said request parcel does drain to the. reservoir):
b) The-total number of residential units on that portion of the
property requested to' be reZoned-R-12 which, does not drain to
Swift Creek Reservoir shall not-exceed-2.2 single--family
residential units per acre. (Note: The Applicant.: has
determined .that 63.684 Acres, more or less, does not drain to
the reservoir)(P) ~
Phasing.. No 'residential building permits shall be 'isSUed'until January
1, 2007. ' Thereafter, a maximum.-of 82 .residential building permits
shall be issued prior to' January 1, .2008, a cumulative maximum of
164 residential building permits shall beissued prior to January. 1;
2009, with the remaining building permits issued after said january 1,
2009.~ (P)
(STAFF/CPC)
Temporary sediment basins shall remain in place and/or new BMPs
constructed to achieve the .22 PhosphOrus. standard untit the
downstream regional-BMP into whichthe development will drainhas
been constructed. (EE)
GENERAL INFORMATION
Location:
Northeast. quadrant of the intersection of Baldwin Creek and Beach Roads: Tax IDs 707-
660-8583'and 709-662-5658 (Sheet 23).
Existing' Zoning:
6 04SN0157-MAY26-BOS
Size:
80.8 acres
Existing Land Use:
Vacant
'Adjacent zoning and Land Use:
North, South and West - A; Single family residential or vacant
East.- R-12 with Conditional Use Planned Development and A; Vacant
UTILITIES
Public Water SyStem:
· There is an existing sixteen (16) inch water line extending along a portion of Otterdale Road
and terminating adjacent 'to Hampton Glenn Lane, in Hampton Park Subdivision,
approximately 7,300 feet northeast of this site.. This site is adjacent tothe western boundary
of the property recently rezoned Under Case 02SN0209 (SoU~aern Land Company, L.L.C.)i
Southern 'Land Company has proffered to incorporate into their on-site water distribution
system a water line along 'the proposed east/west collector road to extend between the
easternmost and westernmost boUndaries of their develoPment. The applicant is advised to
work with the developer of the Southern Land Company site to insure adequate water line
size and placement to ser~e the request site.
Use of the public water system is intended and has been proffered'-by-the applicant.
(Proffered Condition 2(a))
Public Wastewater System:
There is :an existing twelve (12) inch.wastewater trunk line extending along the western
branch of Dry Creek that terminates adjacent to Hampton Valley .Drive, in Hampton Park
Subdivision, approximately-2,400 feet northeast of this Site; Due to topography, portions of
the request site may not be served by the. public wastewater gravity system. The applicant
has proffered that a public wastewater gravity sewer shall be .used (Proffered COndition
2(b)). The applicant is advised to Work with. the developer of the adjacent Southern Land
Company site to insure, that reasonable deptl~ size and Placement of the offrSite wastewater
lines is designed to provide gravity wastewater service tot he-maximum portion of the
request site.
Proffered Condition 2(b) would 'allow consideration for the possibility of a private
wastewater pump station to. be constructed for a commemial site in that area that cannot be
served by a gravity wastewater line, provided that the Utilities'Department approves such a
request. EValuation. of a request for a private wastewater pump station·will not occur Until
7 '04SN0157-MAY26-BOS
more specific details are available for review. The Utilities Department interprets Proffered
Condition 2(b) as ~ allowing the County the ability to acceptOther private methOds to access
the gravity wastewater system. However, a Publicly maintained wastewater pump station
will 'not be considered.
The applicant has proffered to pay the County $200~00 .per acre (based on total acreage
served bYthe public wastewater system) as a eontributiontoWards expanSion of the Dry
Creek Wastewater Pump Station. Payments will be made over time as the-property
develops, with payment'for each-section or site to be made prior to issuance of the first
building permit for that section or site. (Proffered Condition2(e))
ENVIRONMENTAL
Drainage and Erosion:
The property drains in two (2) directions. A large portion drains south under Beach.Road
and then via .tributaries to Winterpock Creek. The northern portion .drains north via
tributaries to Dry Creek and then.via Dry Creek to Swift. Creek Reservoir. The property is
wooded and should not be timbered without first obtaining, aland disturbance permit from
the Environmental Engineering Department (Proffered Condition l(a)). This will insure that
adequate erosion control measures.are in place prior to any land disturbance.
Currently, the culverts under Beach Road. are inadequate to meet VDOT criteria. To ensure
that the pipes, under Beach and/or Baldwin Creek Roads are adequate to receive drainage
from..this project, the developer-has proffered to replace all pipes of an adequate size to
handle the Ultimate upstream, drainage area or to retain water onsite so that the existing pipes
remain adequate, or a combination of.these two (2) methods. (prOffered COndition 1 (b))
Water Quality:
That portion of the property draining to Dry Creek must. participate in the UPper Swift Creek
Regional Best Management Practice (BMP) Plan.
To address concerns of the Planning CommissiOn and area citizens~ the applicant has agreed
to maintain sediment basins or construct new BMPs, or combination thereof, until-
downstream regional BMPs have been constructed. (proffered ConditiOn 8)
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. This development
will have an impact on these facilities.
04SN0157-MAY26,BOS
Fire Service:
The Public Facilities Plan indicates that Emergency Services calls are'expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for
construction by 2015 in the Plan. Based on 174 dwelling units~ this request will generate
approximately twenty-six (26) calls for fire and rescue services each year. The applicanthas
addressed the impact on fire and emergency medical services.- (Proffered-Condition 5)
The Winterpock Fire/Rescue StatiOn, Company Number 19, currently provide fire protection
and emergency medical service. When the property is developed, the number of hydrants,
quantity of water needed for fire protection and access requirements willbe evaluated.during
the 'plans review process.
SchOols:
Approximately ninety-three (93) students will be generated by this', development.
Currently this site lies in the Grange Hall Elementary School attendance zone: capacity-
828, enrollment - 613; Bailey Bridge Middle'School zone: capacity- 1,621, enrollment -
1,618; and Manchester High. School zone: capacity - 1,962, enrollment - 2,413..
This request will have an impact on the high school involved. It will als° have an impact On
the middle school 'because. Bailey Bridge is .close. to capacity. There are currently twenty
(20) trailers at Bailey Bridge Middle'and seventeen(17) trailers at MancheSter High. i
One (1) new high school is' prOposed that .will provide relief for-Clover Hill .High'and
Manchester High Schools. '
This development will. have impact on area. schoOls. The apPliCant has agreed to participate
in the cost of providing for area school needs.- (Proffered Condition 5)
Libraries:'
Consistent with Board of Supervisors' Policy, the impact of development on library services
is assessed County-wide.- Based on projected population growth, the Public Facilities Plan
identified a need for additional library space throughom..the County. Even if the facility
improvements that have-been made since the-Plan, was.published are taken into acc°unt,
there is. still an unmet need for additional library sPace throughout the County.
Development of this .property would most likely impact the Clover Hill Library or a
proposed, new library in the west Beach Road area.' The Public Facilities Plan identifies a.
need for additional library space in this area of the County..The applicant has addressed the
impact, of this proposed .development on library facilities. (Proffered Condition 5)
9 04SN01.57-MAY26,BOS
Parks and Recreation:
The.Public Facilities Plan identifies the need for four (4) new regional parks. In addition,
there is currently a shortage of Community park acreage in theCounty. The Plan identifies a
need for 625 acres of regional park space 'and 116 acres of community park space by 2015.
The Plan also identifies the need' for neighborhood parks and special purpose parks and
makes suggestions for their lOcations.
The applicant has offered measures to assist in addressing the impact of this. proposed
development on these Parks and Recreation facilities.- (Proffered Condition 5)
Transpo tion:
The property (80.8 acreS) is currently zoned Agricultural (A), and the applicant is requesting
rezoning to Residential (R-!2). The applicant has proffered a maximUm density of 2~0 to 2.2
units per acre dependent on how the property drains to Swift Creek Reservoir, which coUld
resUlt in approximately 174 units (Proffered Condition 6): Based on Single family trip rates,
development coUld generate approximately 1;670. average daily trips. These vehicles will be
distribUted along Beach Road Which-had a 2003 traffic count of 985 vehicles per day and
Baldwin Creek Road which hada 2003 traffic count of 951 vehicles per day.
The Thoroughfare Plan identifies Beach and Baldwin Creek Roads as major arterials with
recommended right of way widths of ninety (90) feet.' The applicant has proffered to
dedicate forty-five (45) feet of right of way, measured frOm. the' centerline of those, roads, in
accordance with that Plan (Proffered Conditions.. 3(a)'and Co)). Baldwin Creek Road
intersects'Beach Road at'a-skewed angle. Proffered COndition 3Co) Would require the
dedication of right of Way along'Baldwin Creek Road based On a revised centerline for that
roadway.
Access to major arterials, Such as Baldwin Creek and 'Beach Roads, should be controlled:
The applicant has proffered that no 'direct access will be provided from the property to
Baldwin'Creek Road (proffered Condition 3(c)). The applicant has also proffered that direct
access from' the property to Be. ach Road will be limited-to three (3) public roads (proffered
Condition 3(c)). The proffer requires the westernmost access to Beach.Road to be located
approximatelY 750 feet from a realigned Beach Road/BaldWin-Creek Road intersection.
The traffic impact of this development must be addressed.': The applicant has proffered to: 1)
construct left and right mm. lanes-along Beach Road at each-approved access, based on
Transportation Department standards; and 2) widen both the north side of Beach Road and
the east side of Baldwin Creek Road to a total travel way width of eleven (1-1) feet measured
from the centerline with an additional one (1) foot wide paved shoUlder plus a seven (7) foot
wide unpaved shOUlder for the entire property frontage (Proffered Condition 3(e)).- Based On
Transportation Department standards, left and right, mm lanes along .Beach'Road are
anticipated to be warranted at each public road intersecti°n.'
10 04SN0157-MAY26-BOS
ConStructing these road improvements along. Beach Road may require the develOPer to
acquire some "off-site" right of way. According to "Proffered Condition 3(e)~ if the
developer is unable to acqUire the .off-site right, of waY'for any road improvement~ .the
developermay request the County to acquire the right of way as a public road improvement.
All costs associated with~the acquisition will be borne by the developer. If the county
chooses not to assist with the right of way acquisition, the developer will not be obligated to
acquire'the "off-site" right of. way ~and will only. be obligated to construct road improvements
within available right of way.
The Thoroughfare Plan identifies the need to improve existing roads, as .well as conStruct
new roads to accommodate growth:- Area roads need to be improved to address safety and
accommodate the increase in traffic generated by.this, develOpment. Baldwin 'Creek-and
BeaCh-Roads will be directly impacted by this :development._ SectionS of Beach Road have
eighteen (18) foot wide pavement with no shoulders. The capacity of this rOad is acceptable
(Level of Service B) for the Volume of traffic it Currently Carries. SectiOns of BaldwinCteek
Road. have twenty (20) foot' wide', pavement with no. shoulders.-The capacity of this road is
acceptable (Level of Service B) for the volume of traffic.it currently, carries. The Standard
typical section for these' roadways should be twenty-four (24) foot wide pavementXwith
minimum eight (8) foot wide shoulders.
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 11). As development, continues in this part of the County, traffic Volumes on area
roads will substantially increase.' Cash proffers alone 'will not cover the. cost or-'the
improvements needed to'accommodate the traffic increases. No road improvement projects
in this part of the County are included in the ~Secondarg Road.Six-Year Improvement.Plan. -
At time of ~tentative sUbdivision review, specific recommendations will be provided
regarding access and the- internal street network.
11
04SN0157-MAY26,BOS
Financial Impact on Capital Facilities:
' . PER UNIT
pOtential Number of New Dwelling Units ' 174* . 1.00
Population Increase . .. ·473.28 ' 2.72
Number o f. N e w. Students
· Elementary .~ ~ 41.76· '- 0.24
· Middle 22~62 . 0.13
High. ' 29.58 . · 0.17
TOTAL 93.96 '. · 0.54
Net Cost for Schools - . 843,378' 4,847
Net COst for Parks. 120,582 · . 693·
Net Cost for. Libraries -'. ' · . 65,250 . 375
Net. Cost for Fire. Stations ' . 69,774 ' ' 401
Average Net. Cost for Roads .- ' 714,966 " 4,109
TOTAL Ix]ET'COST ' ·" ·1 -' 1,813,950 . 10,425
*Based on proffered condition (Proffered COndition ·6). The actual number of units developed 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 proffer·of $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 of the age-restricted portion, of the proposed development, as
it will not haye an'increased impact on school facilities: Consistent with the.Board of Supervisors'
Policy, and proffers accepted from .other applicants, the.applicant has offered cash to assist in
defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 5)
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 in this case.
12 ~ 04SN0157-MAY26-BOS
LAND USE
ComprehenSive Plan:
Lies within the boundaries-of the Upper Swift Creek Plan which.: suggests/that property
which drains to the Swift Creek Reservoir is appropriate fOr .residential develOpme~it 0f2.0
units per acre or less and that .property which does not drain to the Reservoir is appropriate
fOr residential development of 2:2.units per acre or less. The Plan.also suggests that various
types of housing, to include condOminiums and clustcredattached-or detached singlc:family
dwellings, may also be appropriate if included within a: 'large coOrdinated. planned
development.
Area Development Trends:
Surrounding properties' are zoned 'Agricultural (A) and.are occupied by. single,family
dwellings or are' Vacant. It .is anticipated that residential development at densities, of 2.0'to
2..2 Units.per acre or less will cOntinue north of Beach Road.and .eaSt of Baldwin Creek Road,
consistent with the suggestions oft he Upper Swift-Creek Plan,.i while properties south of
Beach Road and west of Baldwin Creek Road willbe limitedto primarilyagricUltural: and
forestal uses and residential development on parcels five (5)aCres.or larger in. size until'.
public water and sewer, road improvements and other public facilities are in place,
consistent with the suggestionS o f the SoUthern and Western.:Area-Plan.
Site Design:
The 80.8 acre tract propoSed for R,12 zoning may .be develOped.for 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 re°re dwelling types, the. Textual
Statement requires submission of a Conceptual plan to either the Planning COmmission'or
Planning Department fOr approval;: .At the time'of review 0fa conCeptUal Plani conditions
may be imPosed to insure i~nd use compatibility and tr~ition2.'(Textual, statement item
A. 1.)
Density:
A maximum of 2.0 dWelling unitS Per acre haSlbeen proffered for that portion of the.proPerty.
which drain,q to the Swift Creek_.Reservoir; The applicant estimates this aCreage to: be
apprOximately Seventeen:(1.7) acres (Proffered Condition 6(a)):.:' Further, a maximum of 2.2
dwellingUnits has been proffered fOr that portion of the property which' does not drain to the
Swift 'Creek Reservoir. The applicant estimates this acreage' to be 'approXimately 63.684
acres" (Proffered Condition 6(1>)). This. would yield an OVerall-rnaximumproject density of
174 dwelling units. In' ConjUnction with the initial tentative.Subdivision plan'review, an
overall plat depicting these exact acreages shall be submitted to.the Planning Department for.
review and approval. (ConditiOn 2)
13 04SN0157-MAY26~BOS
DWellin~ Types:
As previously noted, several dwelling types are propOsed. Where common areas are to be
provided., within the development, the Textual Statement requires that the ownershiP and
maintenance responsibilities.be established. (TextUal Statement Item A.2.)
Condominiums:
For any condominium development, density would be limited to six (6) units per acre. and
would be regulated by the Virginia Condominium Act. (Textual Statement Item B.l.b) and
c))
Other reStrictions address units per building, building height,., architectural treatment and
setbacks as well as provisions for sidewalks, buffers, recreational facilities, focal point, street
trees, landScaping and garage orientation. (Textual Statement Item B.1.)
The requirements offered for ~condominium projects are Consistent with-those typically
required by the Commission and Board on similar projects recently approved.
Cluster Homes:
Single
Cluster homes are proposed.tobe developed on individual lots having aminimum of 6;000
square feet. The density for any clUSter, development would'be-limited to six (6) units' per
acre. Other restrictions include architectural treatment,.setbacks, provision of sidewalks,
buffers, recreational facilities, provision of a focal point,..landscaping, street trees, paved
driveways and garage orientation. (Textual Statement Item B.2.)
The requirements offered-for cluster projects are consistent with those typically required by
the Commission and Board on similar projects recently approved,
Family Residential:
Single-family residential uses would be required to be developed in accordance .with
Ordinance requirements 'for Residential (R-12) Districts. The minimum lot size would be
12,000 square feet. (Textual Statement Item B.3.)
Any dwelling units, other than condominiums and cluster homes, would be required to haVe
minimum gross floor areaS.of 1,700 square feet for one (1) story and 2,000 square feet for
more.than one (1) story. (TeXtual'Statement Item 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 Item B3.b.)
14 04 SN0157-MAY26-B O S
Recreation Areas and Open Space:
The applicant has agreed "t6Pi/Ovide a minimum of 1.5' acres of open space within or
conveniently accessible to each condominium development~ Within each'of the
condominium and cluster home developments, a minimum of.75 acres of open space will be
located and positioned to.provide a "focal point" as one (1) enters these projects. Benches
and other amenities are to' be .provided in a portion of this area to facilitate outdoor
gatherings. (TeXtual Statement Item B.l.o. and B.2.j.)
The applicant may also provide active and passive recreation, areas within the development.
The Textual Statement provides for'setbacks, buffers and other restrictions to minimize the
impact-of such reereati°nal uses on surrounding residential uses.' (Textual 'Statement.Item
B.3.b.).
Within the cluster home developments, where lots areas are reduced below, the minimum
12,000 square feet, the Ordinance will require that comparable amount of square footage be
placed .in open space. The .Ordinance defines open space, as any area "not occupied by a
- building, structure, drive or parking area". The Subdivision Ordinance will require, creation
of a Homeowners' AssoCiatiOn to maintain any common open space.
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 Item BA.p.)
Age Restriction:
Should anyhousing units be designed for occupancy by. seniors, proffered conditions require
that such units be grouped together and identified on site and subdivision plans in an' effort
to accurately track the impacts on capital facilities. (Proffered Condition'4)
Phasing:
In response to concerns Of the Matoaea District .Commissioner relative to the impact of the
development on area roads, and schools, a proffered conditiOn was submitted'for the phasing
of the development. Ultimate build'out will not °ceur until 2009 or later. (Proffered
Condition 7)
CONCLUSIONS '. '.
The proposed residential zoning and land use complies with the Upper Swift Creek Plan which
suggests that property which drains'to the Swift Creek Reservoir is appropriate for 'residential
development of 2.0 units per acre or less and that property which does not drain to the Reservok is
appropriate for residential development of2.2units per acre or less. Further, proffered conditions
address the impacts of this development .on necessary capital facilities, as outlined in the zoning
Ordinance and' Comprehensive Plan.
15
0~SN0157-MAY26-BOS
Given these considerations, staff recommends approval of this request. ' '
CASE HISTORY
.AppliCants (1/20/04):
Revised Proffered Condition 5 was submitted clarifying howl the cash prOffer would be
allocated among the various public facilities.
Planning CommiSsion Meeting (1/20/04):
At the request'of the applicants, the Commission. deferred this ease to their March 16, 2004,
public hearing.
Staff(I/21/04):
The applicants were advised in writing that-any significant:new or revised information
should be submitted no later than.January 26, 2004, for consideration at the Commission's
March public hearing. Also, the apPlicants were advised thata $250.00 deferral fee mUSt be
paid Prior to the Commission's pUbliC hearing.
Applicants (1/.30/04):
The deferral fee was paid.
Staff (2/23/04):
To date, no new information has been submitted.
Applicants (2/25/04):
The application was amended to change the Convenience
request to Residential (R-12).
Business (C-l) portion of the
16
04SN0157-MAY26-BOS
Applicants (3/4/04 and 3/5/04):
The Textual Statement was amended to delete references to C-1 development and exceptions
to access requirements. Proffered Conditions 6 and.7 (Density and Phasing) were amended:
Planning Commission Meeting (3/16/04):
On their own motion, the Commission deferred this case to. their April 20, 2004, public
hearing.
Staff (3/17/04):
The applicant was advised in writing that any significant, new or revised information should
be-submitted no later than March..22, 2004, for consideration at the CommissiOn's April
public hearing.
Applicants (3/19(04 and 3/22/04):'
Proffered Conditions 3 and 5 (Transportation and Cash PrOffer) were.amended.
Planning Commission Meeting (4/20/04):
The applicants accepted the recommendation. There was opposition present. Concern was
expressed' relative to deferringaCfion on.the case pending consideration of the Upper SWift
Creek Plan amendment, and the incorporation of a. condition to address phosphorus runoff.
The applicants submitted Proffered Condition 8.
Mr. Bass noted his support'for the request which complies With the Plan,: incorporates a
phasing condition for housing construction, as Well as:roadand drainage improvements.
On motion of Mr. Bass, seConded, by Mr. Litton, the 'Commission recommended approval
subject to the conditions and acceptance of the proffered cOnditions on pages 2 through 6.
AYES: Unanimous
The Board of Supervisors, on Wednesday, May 26, 2004, beginning, at 7:00 p.m., Will .take' under
consideration this .request.
17 04SN0157-MAY26-BOS
TEXTUAL STATEMF, NT
September 2, 2003
Date Revised to December 30, 2003 at ~,
Further revised March 5, 2004 L'~~9
This is a request to rezone 75.684 acres of the Property under consideration 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 pennittext:
A. General Requirements Applicable to Ali USes
1'. Mixing of Uses. There shall be no "mixing" of uses (e.g., if the Property is to be
deVeloped for condominiums, all oft he 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 if a 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 adjacent
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 Commission or the Planning
Department, at the election.of the developer, and such review shall be subject to
appeal in accordance with.sections 19-268(d) and 19-269(e) of the County Code.
b)
c)
d)
e)
Common Areas. Common areas and ownership of property shall'be regulated by -
Section 19-559 of the County Zoning Ordinance.
Requirements for Specific Uses
Condominiums
Condominiums shall meet the following requirements::
Number of Uuits 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 0fthe 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 i:s 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 Director at timeof site plan review. The architectural appearance and materials
of buildings containing more than four'(4) units shall be similar to the elevations attached
hereto as Exhibits D, E, and F, or shall be of similar quality as determined by the
Planning Director at time of site plan review;
i)
J)
1).
m)
Building Setbacks from Roads and'Driveways. All structures shall be set back a
minimum often (10) feet frominteri0r roads and driveways, provided that no setback
shall be required from driveways that serve garages or parkingspaces of individual
dwelling units and do .not provide general circulation within the condominium
development ("Individual Driveways"). All structures shall be set back at least fifteen
(15) feet from any parking Space and a minimum 0ffifty (50) feet from the ultimate right
of way of Beach Road or any collector road external-to the 'condominium development.
Building Setbacks from Perimeter of Tract., All structures Shall be-setback a minimum
of-fifty (50) feet from the perimeter, of the area-devoted to condominium development.
All 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 thirty
(30) feet; :
Driveway and Parking Setbacks. Except as provided in paragraph (s), all driveways and
parking areas shall be setback a minimum of fifteen (15) feet from the right-of, way of
any existing or proposed right-of-way except that the setback adjacent to Beach Road or
any collector road external to the Condominium development shall be fifty (50) feet;
Sidewalks.' Sidewalks shall be provided that facilitate pedestrian ,access within the
Development, to the recreatiOnal areas serving the Development, and to the overall
project. The exact location and.design of the sidewalks shall'be determined bythe
County at the time of site plan review; provided, however, that, unless otherwise
approved by the Planning Director 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 of all roads that have condominiums
fronting the road, but not along Individual'DriveWays;
Curb and Gutter. Roads, driveways(With the exception of Individual Driveways), and
parking areas shall have concrete curbs and. gutters :unless it is determined at the time of
site plan review that the curbs and gutters, are not necessary to effect proper drainage or to
control traffic;
Driveway 'Width. Unless otherwise approved by the planning Director at time of site
plan review upon a determination that a lesser driveway width will provide adequate
access, .driveways shall have aminimum pavement width of twenty four (24) feet,
provided that driveways that provide the primary access directly to a public road shall
have a minimum pavement width of thirty.(30)feet, and Individual Driveways serving
not more than four (4) dwellings ~shall have a minimum pavement width of seventeen (17)
feet; in the discretion of the Planning DirectOr at the time.of site plan review, the primary
access directly to a'public road may be required to be a public road.
n)
o)
p)
s)
(Withdrawn)
Recreation Areas. A minimum of 0.75 acres included within, or conveniently accessible
to, each' condominium development shall be provided: for suitable active and passive
outdoor recreational use bythe occupants. A minimum:of0.25 acres of this 0.75 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 atthe time
of site plan review.
Restriction on Children's Play Facilitie.,$. 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 n°t'limited to, swimming poolS,
putting greenS or shuffleboard may be permitted;
Street Trees. Street trees shall he planted or retained along each side of marls 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. Landscsping shall comply with
the requirements of the ZOning Ordinance, Sections 19-516 through 19-518(f).
Landscaping shall be designed to~ minimize the Predominance of building maSs-and
paved areas; define'private.spaces; and enhance the residential character of the
develOpment. The exact number, spacing, arrangement and species shall be approved at
the time of site plan review;
Buffers.' A fifty (50) foot buffer shall be maintained adjacent to Beach Road and any
other public rom which is a maj°r medal, and athirty-five {35) foot buffer shall be
maintained adjacent to any pUblic road that is an internal collector mad. Such buffers
shall comply with the requirements of. Section 19-520 :through 19-522 of the Zoning
Ordinance and may be inclusive of the Perimeter.Landscape requirements identified in
Item B. 1. h.- 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)
Garages. All dwellings that provide a garage shall employ side or rear entry garage
designs except that front entry garages may be permitted if the Planning Director
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.
u) All roads that accommodate general traffic circulation tbxough 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 ifitis determined that the roads or any part of such roads cannot be designated for
state acceptance. For any roads which accommodate general traffic circulation through the
development that are not to be a part of the state system, a plan that insures the continual
maintenance of the 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:
Lot Size. The minimum lot size shall be as follows: a fifty (50) foot minimum lot width;
and a six thousand (6,000) square foot minimum lot area;
b) DenSity. The overall density shall not exceed six (6) units per gross acre;
Architectural Appearance. The architectural appearance and materials ofcluster 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 time of Tentative Subdivision review;
d)
e)
Front, Comer Side and RearYard. For principal structures, front, comer side and rear
yards shall have a minimum depth of twenty-five (25) feet. Accessory structures shall
have a twenty-five (25) foot front yard setback but no rear yard setback;
Side Yards. Principal structures shall be located no more than six (6) feet from.one side.
property line, no less than. ten (I0) feet frOm the opposite side property line, and among
'every group of three (3) adjacent dwellings fronting on the same street there shall.be a
minimum of twenty (20) feet of space between at least two (2) of them; provided,
however, that, if the overall intent of providing visual separation and clustering is
achieved for the cluster home development, the Planning Commission, at time of
tentative subdivision review,, may approve exceptions to theSe Side yard requirements.
5
f)
i)
J)
k)
1)
Accessory structures shall have no side yard setback;
Sidewalks. Sidewalks shall be provided that facilitate pedestrian access within the
Development, to the recreational areas serving the development, and to the overall
project. The exact location and' design of the sideWalks Shall be determined by the
County at the time of tentative 'subdiVision reView; provided, however, that, unless.
otherwise approved by the Planning Commission at time.of subdivision review upon a
determination that an alternative system will accomplish the spirit and. intent of this
requirement, sidewalks shall be installed On those portions of both sides of all rOadS that
have duster homes ~onting on the ~,oad;
BUffers. 'Buffers shall comply with Section 17-70 of the SUbdivision'Ordinance along
roads, and shall be located within recorded open space;
Paved Driveways. All' dwelling units shall have paved driveways. The exact treatment-
shall be approved at the time often.tative subdivision plan reVieW;
Landscaping. Landscaping shall be provided around the perimeter 'of all buildings,
between buildings and driveways,, within medians; and. ~thin cOmmon areas not
occupied by recreational faCilitieS or other structures. LandscaPing shall comPly with .the
requirements of the Zoning Ordinance, Sections 19-516 through 19-518(f).- Landscaping
shall be designed to: minimize-the predominance of building mass.and paved areas;
define private spaces; and enhance.the residential character of. the development: The
exact number, spacing, arrangement and species shall be approved by the Planning
Department prior to issuance .of anY building permit;'
Focal Point. A minimum of 0:75 acres Of open space shall be located· and positioned to
provide a "focal point" as one.enters each cluster home development. Part of this area
shall be "landscaped" 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 ofeach cluster home deVeloPment, and its eXact design
and location shall be approved.at, the time of tentative.subdiVision reView.
Garages. All dwellings that!proVide a garage shall employ side or rear entry garage
designs except that front entry garages maybe permitted if the Planning Director
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 streetseape. -
Street Trees. Street trees shall be planted or retained along each side of roads and
driveways except individual driveways.
Residential 0t-12)
6
All dwellings other than Condominiums and Cluster 'Homes shall meet the requirements
of the Residential (R-12) District as well as the. following requirements:
Minimum Square Footage for Single Family DWellings. With the exception'of
Cluster Homes or Condominiums and for those dwellings delineated in paragraph
(b) 'below, the minimum gross floor area for single family detached homes shall be
as follows:
1 story 1,700 squarc feet;
More than t story 2,000 square feet;
b)
Recreation Areas. At the election of the developer, active and Passive recreation
areas may be provided. Such recreation, areas shall be subject to the following
requirements:
(i)
With the exception of playground areas which accommodate
swings, jungle gyms, or similar facilities and 'tennis courts, all
outdoor play fields, swimming poOls and-similar active
recreational areas shall be located aminimum of one hundred
(100) feet.from adjacent properties zOned or deSignated on the
County's Comprehensive Plan for residential use, a minimum of
one hundred (100) feet from any existing or proposed single family
residential lot line, and a minimuTM of fifty (50) feet from any
existing orproposed road;
(ii)
Within the one hundred (100) and fifty (50) foot setbacks, a fifty
(50). foot bnffer shall beprovided along-the perimeter of all active
recreational facilities except where adjacent to any 'existing or
proposed road. Thisbuffer shall conform to the requirements of
Section 19-521 (a) through (h) and 19-522(a)(2).ofthe Zoning
Ordinance. for fifty (50) foot buffers;
(iii)
Any playground areas (i.e. areas accommodating swings, jUngle
gyms or similar- such facilities) and tennis courts shall be located a
minimum of forty (40) feet from' all.property lines. A forty (40)
foot buffer shall be provided alOng the perimeter of these
recreational facilities except where adjacent to any existing or
proposed roadS..This buffer shall conform to .the requirements of
Sections 19-521 (a) through(Ii) and 19-522(a)(2) of the Zoning
7
d)
Ordinance for fifty (50) foot buffers.
(iv)
Nothing within this condition shall preVent development of indoor
'facilities and/or parking within the one hundred (100) foot setback;
(v)
There shall be no outside public address system or speakers;'
(vi)
Exterior lighting for recreational uses shall comply.with Section
19-573 of the Zoning Ordinance, and the maximum height for light
.posts shall not exceed twenty (20) feet:
(vii)
The location of all active recreatiOnal uses shall be identified in
conjunction with the submittal of the first tentative subdivision
plan;
(viii)
In conjunction with the recordation of any lot adjacent to active
recreational area(s), such area(s) shall be identified on the record
plat along with the proposed recreational uses and required
conditions;
Covenants. For all properties cOntaining single family detached.dWellings (except ClUster
Homes and Condominiums), the following Declaration of Restrictions shall be recorded
in conjunction 'with the recordation of any subdivision plat:
THE OWNERS do hereby declare that said. property is .to beheld, oWned, conveyed, used
and occupied subject to the following restrictive covenants:
¢)
An Architectural Review Committee,. hereinafter called "ARC" shall be comprised
of Douglas R. Sowers,. his heirs, Personal representatives, successors, and assigns,
any of which may act. The ARC shall coordinate each residence and lot and 'shall
establish.reasonable roles and'regulations relating .to the procedure for
architectural approvals and general guidelines for architectural plans according to
the following architectural guidelines:
All plans to be apprOved prior to commencement of construction on each
lot. House location to be approved prior to construction.
Roof
Minimum 7/12 pRch
Minimum 12" overhang
No uncolored galvanized .flashing
Foundation
Brick foundations
Brick or stone on chimney chases
Dwelli~.g
Main body of house to be a minimum of 30 feet in width
No single story homes adjacent to each other
Stoops and walks
Brick stoops or painted fir (no salt treated stoops except when approved by ARC)
Minimum 40 sq. R.
Concrete sidewalks
Painted lattice under front porches - painted risers on steps, painted pickets and
painted band on front porches
Siding
Panel shutters on front windows
Minimum 1 x 6 rake and fa¢ia boards
No TI-ll siding
Landscaping
$.300 allowance for shrubs White painted mailbox and lamp post consistent
throughout subdivision
Builder to leave as many trees as possible over 6 inches at the base
Base
3 color exterior paint except for 2 Colors if
painted white
Satellite Dishes and swimming pool design, location and screening t be approved
prior to installation.
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, the ARC reserves the
fight to make special exceptions to these conditions on an individual basis;
however, any special exception(s) shall not be deemed as waiver of the
restriction(s) as they may apply in the furore.
ii)
iii)
iv)
The ARC reserves the' fight to disallow construction of architecturally similar
homes adjacent to each other.
The ARC shall not be liable to any Owner or to any other person on account of
any claim, liability, damage, or expense suffered or incurred by or threatened
against an Owner or such other person arising, out of or in any way relating to the
subject matter of any review, acceptances, inspections~ permissions, consents, or
required approvals which must be obtained from the ARC whether given; granted
or withheld.
No repairs, changes ii~ color, excavations~ changes in grade; major landscaping, or
other Work which in any way alters the.exterior appearance of any Lot or '
improvement located thereon from its natural or imprOved state existing on the
date such Lot was first conveyed in fee by Douglas R. Sowers to an owner
(including clearance of trees and vegetation, driveWays, entrance ways, fences,
mailboxes, and lamp post structures), 'shall be made or done until the plans,
specifications, working drawings, and proposals for the same showing the nature,
kind, shape, type, color, materials, and location of the improvements on the LOt-
and a landscaping plan shall have been submitted to and approved in writinga'-.
to harmony of external design and locati°n in relations to surrounding structures,
topography, and applicable governmental requirements by the ARC.
All easements along road frontage and lot lines as may be shown on any
subdivision plat are herebyreserved unto the developer, his Personal
representatives, heirs, assigns, or agents, for the purpose Of drainage Or furnishing
light, telephone .or any other utility to the property.
Lots shall be occupied and' used as follows:
Lots shall be used for private residential purposes-only and no building of
any kind whatsoever shall-be erected or maintained thereon eXcept for:
(1)
One private dwelling house with each 'dwelling being designated
for occupancy by a single family.
(2)
Private garages for the sole use of the-reSpective owners °fthe
Lots upon which such garages are erected.
b)
A single building for.the storage of non-commercial vehicleS, boats,
equipment, and tools used in maintenance of the Lot upon which erected.
No building shall be located on any Lot nearer to.any street or to a side line than
10
vii)
viii)
is permitted under.the apPlicable local zoning'ordinance in effect at the time such
building is constructed,
No structure of a temporary character, trailer, basement, tent) shack, garage, barn,
or other outbuilding shall be used On any Lot at any time as a residence either
temporarily or permanently.
The construction of any structure on a Lot shall be completed within a period of
nine (9) months after the beginning of construction. During construction, the Lot
-shall-be maintained in a dean and uncluttered eondition~ free of Unnecessary
accumulation of waste and building debris.
It is the responsibility of each Owner to prevent the development of any unclean,
unsightly, or unkempt condition of buildings orgrounds on his Lot. All
improvements' on each.Lot:shall be kept in good repair, and, where necessary,
pa/'nted on a regular basis. No portion of the property shall be used or maintained
as a dumping grOund for rubbish. Outdoor burning of leaves, trash.or other debris
shall not be permitted. All trash, garbage, and other waste shall be kept in
sanitary containers.which shall be surrounded by-wooden screening with such
screening being approved by the ARC, or otherwise out of sight from the street.
ix)
x)
xi)
xii)
No nuisance or offensive activity shall be permitted or maintained upon any Lot;
. nor shall any poultry, hogs, rabbits, cattle or other livestock be kept. thereon With'
the exception of dogs, cats Or other normal-househOld animals kept as pets thereon
in numbers not eXceeding those permitted by the law, provided they are not kept-,
bred or maintained for any commercial purposes, andmustbe kept under contrOl
of their owner when outside owner's premises, nor constitute a nuisance in the
opinion of the ARC, its successors or assigns. ~No use shall be made of any. Lot
which will depreciate or adversely affect the surrounding Lots or the property.
Each residence constructed on a Lot shall be connected to a public sewer. ':
No Lot shall be further subdivided without prior-written consent ofthe ARC.
However, the developer hereby expressly reserves for itself, its successors, and
assigns, the right to. re-subdivide any Lot or Lots shown On any recorded plan of
subdivision of the property prior to the delivery of a deed to said Lot or Lots
without the prior written consent of any Lot Owner.
Except for emergencies, which' emergencies must be proven to the satisfaction of
the ARC, no trees witha diameter of six (6) inches or more, measured two (2) feet
- from the ground, no flowering trees, shrubs, or evergreens may be cleared from
any Lot without prior written permission of the ARC. In' the.event a LOt Owner
11
violates this covenants the Lot Owner will be fined $25.00 per inch for every such
tree removed and it shall be assumed that each tree had a diameter of twelve (12)
inches.
xiii)
xv)
xvi)
xvii)
xviii)'
No commercially licensed vehicles, motor vehicles, recreational Vehicles, boats,
disabled vehicles, vehicles without a current state licenseor state-inspection .
sticker, machinery, or other equipment shall be visible fi.om the street for a period
exceeding twenty-four (24) hours. Any screening ofsuchvehiCles must be
approved by the ARC. This covenant shall not apply to vehicles and equipment'
used in connection with construction upon Lots, while such construction.is in
progress, or m connection with the development of the property. It shall be the:
responsibility of each Owner to construct and maintain :sUitable and adequate
parking space on his .Lot and all vehicles Shall be parked thereon.
The operation of unlicensed motor bikes, ATV's, .and motorcycles .on the lots and.
entrance area shall be subject to regulation by the Owners and may be prohibited
entirely.
No external illumination on any Lot shall be of such a.character or intensity or so
located as to interfere with any other Owners use or enjoyment of his Lot. No
neon or flashing lights'shall be permitted. Alt external lighting mustbe approved
as to size and intensity by the ARC.
Except during construction, no signs of anY kind shall be displayed to the public
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 becomes available to the property; exterior
television antennas shall be permitted, provided that they do not extend more than
five (5) feet past the roOf line of any dwelling. No-Satellite dishes shall be visible
from the. street.
xix)
No construction.shall be permitted without appropriate:erosioncontrol so as to
prevent the discharge ofany soil or other material onto any other Lot or Common
12
xxO
xxii)
xxiii)
xxiv)
xxv)
xxvi)
Area. The ARC may establish reasonable rules and regulations establishing a
maximum percentage of any Lot which may be covered by a building, driveway
or other structure
No fences orwalls not constituting a part of a building shall be erected, placed or
altered on any Lot nearer to any street than the minimum exteriOr setback line, but
in 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 shait 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 responsible for disturbances, damages,
and/or siltation caused by themselves, their employees, suppliers, contractors, or
others, and shall have fourteen (14) days from the receipt of a letter from the
developer and/or the ARC to correct the damage; 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. Ifa Lot Owner does not make payment within thirty
(30) days of presentation of the bill, a two percent (2%) per month service charge
shall be applied to such bill.
Any one or more of the Covenants and'Restricti°ns imPosed in ParagraPhs a
through v hereof may be Waived, modified, or rescinded, in whole or in part, as to
all of the property or any Lot, by written instrument of the ARC.
Invalidation of any of these covenants and conditions, by court adjudication Or
otherwise shall in.no way mOdify, affect, or invalidate any of the other covenants:
and conditions contained herein which shall remain in full force and effect.
Each and every covenant and .COndition herein imposed may be enforced by the
undersigned or the owner of any Lot by appropriate proceedings at law or in
equity against any. party violating or attempting or-threatening to violate the same
to prevent or rectify such violation and or recover damages therefore. The failure
of an owner or the undersigned to' bring any such proceeding shall not be
considered as a waiver of any rights at law or inequity 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
13
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 instmment..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
Oliver D. Rudy, Agent
14
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oz~s~° ~5~
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Elevation A
EleVation B