84S171~ebe~-~-~9~4-~¥~
November 28, 1984 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
84S171
Pioneer Financial Services, Inc.
Bermuda Magisterial District
360 feet off the east line of Chester Road
REQUEST:
Rezoning from Agricultural (A) to Residential (R-12) with proffered
conditions of 1.53 acres (see attached Restrictive Covenants on
pages 4-7 for proffered conditions).
RECOMMENDATION
Recommend denial for the following reasons:
The proffered conditions do not provide adequate controls to insure
that the development is in keeping with existing residential devel-
opment in the area.
The Restrictive Covenants proffered on pages 4-7 contain several
conditions that are in conflict with each other.
However, should the Commission feel that the request meets .the spirit and
intent of the zoning on the property to the north, east and west, Staff would
make the following recommendations:
The applicant should amend this request to include Conditional Use
Planned Development in conjunction with 84S170.
The applicant should consider proffering conditions similar to those
previously approved in the proposed Glen Oaks Subdivision.
GENERAL INFORMATION
Location:
360 feet off the east line of Chester Road,
2,300 feet south of Centralia Road. Tax
Map 97-10 (1) Parcel 7 (Sheet 32).
Existing Zoning:
Size:
A
1.53 acres
Existin8 Land Use: Vacant
Adjacent Zoning & Land Use:
North - R-12; Vacant (Glen Oaks
Subdivision)
South - R-40; Vacant
East - R-12; Vacant (Glen Oaks
Subdivision)
West - R-12; Vacant (Glen Oaks
Subdivision)
Utilities:
8 inch water line along Chester Road,
approximately 400 feet west of request
site. Use of public water intended.
Lies in Proctors Creek sewage drainage
area. Trunk line located in Glen Oaks
subdivision adjacent to this site. Use of
public sewer intended. Use of public water
and sewer requires acquisition of off-site
easements mt owner/developer's expense.
Environmental Engineering:
Drains to Great Branch. Beaver activity
along Great Branch has caused drainage
problems. However, adequate drainage
exists in the area. No existing on-site
drainage and/or erosion problems. Addi-
tional information will be needed to deter-
mine if the use will cause drainage and/or
erosion problems. Coordination with the
development of Glen Oaks will be necessary.
No off-site drainage improvements will be
necessary due to this request.
Schools:
Estimate approximately two students will be
generated. Lies in Curtis Elementary
School attendance zone: capacity - 675,
enrollment - 534; Chester Middle School
zone: capacity - 800, enrollment - 699;
and Thomas Dale High School zone: capacity
- 1,500, enrollment - 1,207.
Fire Service:
Chester Fire Station, Company #1. At
present, fire service capability adequate.
Water flows and fire hydrants must be
provided in compliance with nationally
recognized standards.
General Plan:
Single family residential
Transportation:
Vehicular movements will generally be
internal to Glen Oaks Subdivision and will
have minimal effects on Chester and Centra-
lia Roads. This request will generate
approximately 30 average daily trips.
2 84S171/BSOCT4/ON
DISCUSSION
Access to this property will have to be
coordinated through Glen Oaks and/or
through a shared road with the property to
the south.
The applicant is requesting rezoning from A to R-12 with proffered condi-
tions. The property is bounded on the north, east, and west by the
proposed Glen Oaks Subdivision, which is zoned R-12 with proffered con-
ditions relative to house sizes. (There is pending a Case 84S170 in
which the developer has requested relief from the proffered conditions.)
Staff is of the opinion that the area should be primarily single family
residential, with lot sizes of approximately 12,000 square feet. Staff
also feels that the following home size, proffered in conjunction with
the rezoning of the Glen Oaks property, help to insure compatibility with
existing area development:
a) Ranchers - 1400 sq. ft. finished
b) Cape Cods and Tri-levels - 1600 sq. ft. with 1000 sq. ft.
finished
c) Two stories - 1800 sq. ft. with 900 sq. ft. finished
In reviewing the proffered Restrictive Covenants, Staff notes that no
provision is made for a minimum house size. Staff also notes that items
3 and 4 of the proffered Restrictive Covenants conflict with items 16 and
17, respectively.
Again, Staff is of the opinion that the proposed land use could be com-
patible with planned development to the north, east and west if the
proffered conditions are amended to include all items proffered when the
property to the north, east and west was rezoned or if the applicant
amends his request to include Conditional Use Planned Development so
Staff and the Commission can address appropriate conditions to insure
compatibility with adjacent land uses.
CASE HISTORY
Planning Commission Meeting (10/16/84):
Mr. Farren agreed to amend the proffers, to be consistent with those for
Glen Oaks Subdivision, and submit them in writing prior to the Board of
Supervisors meeting.
On motion of Mr. O'Connor, seconded by Mr. Cowan, the Commission resolved
to recommend approval of Case 84S171, and acceptance of the following
proffered conditions:
1. Minimum square footage for areas are to be:
3 84S171/BSOCT4/ON
Me
Ranchers - 1,400 sq. ft. finished
Cape Cods and Tri-levels - Total 1,600 sq. ft. with 1,000 sq.
ft. finished
Two Stories - 1,800 sq. ft.. with 900 sq. ft. finished
Public water and sewer shall be used.
The fOllowing conditions shall be incorporated into the
restrictive covenants:
me
No lot shall be used other than for residential purposes.
Only one residence may be constructed on each platted lot
as recorded, nor shall said platted lots be subdivided or
re-subdivided.
Exclusive of the main dwelling, no building, structure,
outbuilding, playhouse, fence or wall shall be erected,
placed or altered on any lot until the construction plans
and specifications and a plan showing the location of the
same have been filed with and approved by the Architec-
tural Control Committee as to square footage, quality of
workmanship and materials, harmony of exterior design
and/or color with existing structures, and as to location
with respect to topography and finished grade elevation.
The Architectural Control Committee is composed of the
following persons: Don Farren, Jr., Glenn Perkins, Paul
Barr, Ernie Taylor, and one other selected by developers
and homeowners. The Architectural Control Committee will
act only in the event any item in the Declaration of
Restrictions is not complied with. In the event of a
death or resignation of any member of this Committee, a
replacement will be appointed by the side that lost the
member.
The Committee's approval or disapproval as required in
these proposed restrictions shall be in writing. In the
event the Committee or its designated representative fails
to approve or disapprove within 30 days after plans and
specifications have been submitted to it, or in any event,
if no suit to enjoin the construction or alteration, after
notice in writing of said construction has been received
by said Committee, approval will not be required and the
related covenants shall be deemed to have been fully
complied with.
Mo
No sign of any kind shall be displayed to the public view
on any lot except that one sign of not more than seven
square feet advertising the property for sale or rent may
be displayed; two signs used by a builder to advertise the
property during construction and sales period may also be
4 84S171/BSOCT4/ON
fo
ge
he
displayed; also, one sign may be displayed at the entrance
of subdivision of not more than twenty-four square feet.
No trailer, tent, shack, garage, barn or other outbuild-
ings erected on any lot shall at any time be used as a
residence, temporarily or permanently, nor shall any
structure of a temporary character be used as a residence;
provided, however, this clause shall not be construed to
prevent domestic held quarters being installed over a
detached garage or other outbuilding.
No homeowner's trailer shall be parked over 12 hours in
any one week on any lot or driveway so as to be visible
from the street.
No live stock, cattle, hogs, or goats, any dog kennel as
defined by the Chesterfield County Code in existence as of
the date of the recordation of these restrictions shall be
allowed on any lot, nor shall any noxious or offensive
trade or activity be carried on thereon, nor shall any-
thing be done thereon which shall be or become an annoy-
ance or nuisance to a good residential neighborhood.
No lots shall be used or maintained as a dumping ground
for rubbish. Trash, garbage, or other waste shall be kept
in sanitary containers. Ail incinerators or other equip-
ment for the storage or disposal of such materials shall
be kept in a clean and sanitary condition in rear yards
only. Trash to be picked up by public or private service
shall be kept outside the bounds of any road in the subdi-
vision and kept wholly on the individual lots.
No horse or pony shall be stabled or pastured on any lot
or parcel of land.
No unlicensed motor vehicle shall be parked on any lot
herein for more than 60 days unless it is parked in an
enclosed garage.
No trees measuring six inches or more in diameter at a
point two feet above ground level may be removed without
the written approval of the Architectural Control Commit-
tee. Approval for the removal of trees located within
fifteen feet of the main dwelling or accessory buildings
will be granted unless much removal will substantially
increase the beauty of the property. This shall not apply
to clearing of right of ways, and/or easements, for con-
struction of roadways, drainage and utilities, or for
garden or trailer space.
The following are prohibited until it has been approved by
the Architectural Control Committee:
5 84S171/BSOCT4/ON
1. No fence shall be erected, placed, or altered on any
lot.
No antennae other than a television antennae shall be
installed.
3. No swimming pool shall be constructed above ground.
4. No single story main structure shall be a slab
construction.
No masonry other than brick or stone shall be left
exposed on any structure.
Restrictive covenant requirimg exterior finish materials
to be one of the following:
2.
3.
4.
Beaded Hardboard Siding
Woodsman Siding
Wood Siding
Brick Veneer
o. Ail utilities are to be underground.
me
These covenants are to run with the land and shall be
binding om all parties and all persons claiming under them
for a period of twenty (20) years for the date these
covenants are recorded, after which time said covenants
shall be automatically extended for an additional period
of ten (10) years unless an instrument signed by a
majority of the then owners of the lots has been recorded,
agreeing to change said covenants in whole or in part.
Once developer sells land, he is no longer responsible for
these covenants.
AYES: Messrs. Miller, Cowan and O'Connor.
ABSENT: Messrs. Belcher, Thomas and Dodd.
Staff (11/14/84):
Staff reminded the developer several times that he must submit the cove-
nants in writing prior to the Board meeting. To date, the applicant has
not submitted the proffered conditions. Staff would note that, if the
written proffers are not received prior to the Board meeting, the Board
will not be able to accept them.
The Board of Supervisors on Wednesday, November 28, 1984, beginning at 2:00
p.m., will take under consideration this request.
6 84S171/BSOCT4/ON
PI~OI~OSED DECLARATION OF I~ESTRICTIONS
Chesterfield County
The following proposed restrictive covenants and conditions are hereby given:
1. No lot shall be used other than for residential purposes. Only one residence
may be constructed on each platted lot as recorded, i~or shall said platted lots be sub-
divided or re-subdivided.
2. Exclusive .of the main dwelling, no building, structure, outbuilding, play-
house, ~ence or wall shall be erected, placed or altered on any lot until the construction
plans and specifications and a plan showing the location of the same have been filed
with and approved by the Architectural Control Committee as to square footage, quality
of workmanship and materials, harmony of exterior design and/or color with existing
structures, and as to location with respect to topography and finished grade elevation.
3. The Architectural Control Committee is composed oI the following persons:
Don Fatten 3r., Glenn Perkins, Paul Bart, Ernie Taylor, and one other selected by develop-
ers and ho~ae owners. The Architectural Control Committee will act only in the event
any ~te~ in the Declaration of Restrictions is not complied with. In the event of a death
or resignation o~ any member of this Committee, a replacement will be appointed by
thc' side that lost the member.
h. The committee's approval or disapproval as required in these proposed
restrictions shall be in writing. In the event the committee or its designated representa-
tive fails to approve or disapprove within 30 days after plans and specifications have
been submitted to it~ or in any event, if no suit to enjoin the construction or alteration,
alter notice in writing of said construction has been received by said committee, approval
will not be required and. the related covenants shall be deemed to have been fully complied
5. No s~gn of any kind shall be displayed to the public view on any lot except
tha~ one sign of not more than seven square feet advertising the property for sale or
rerqt may be displayed: two signs used by a builder to advertise the property during con-
s~,ructior~ and sales period re. ay also be displayed; also, one sign may be displayed at the
entrance of subdivision o~ not more than twenty-four square ~eet.
6. No trailer, tent, shack, garage, barn or other outbuildings erected on
a~x lot shal! at an)' time be used as a residence, temporarily or permanently, nor shall
any structure of a temporary character be used as a residence; provided, however, this
clause snail not be construed to prevent domestic held quarters being installed over a
detact~ec: garage or other outbuilding.
7. I~Ineov~.,:~cr's trailer shall be parked ove,~ 12 hours in any one week
on any Jot or driveway so as to be visible from the street.
8. No live stock, cattle, hogs, or goats, any dog kennel as defined by the
Chesterfield County Code in existence as of the date of the recordation of these restric-
tions shall be allowed on any lot, nor shall any noxious or offensive trade or activity
be carried on thereon, nor shall anything be done thereon which shall be or become an
annoyance or nuis,ance to a good residential neighborhood.
9. ~ lots shall be used or maintained as a dumping ground for rubbish.
Trash, garbage, ',: other .waste shah be kept in sanitary containers. AIl incinerators
or other equipm -.'~ for the storage or disposal of such materials shall be kept in a clean
and sanitary cot:dillon in rear yards only. Trash to be picked-up by public or private
service shall be kept outside the bounds of any road in the subdivision and kept wholly
on the individual
land.
10. No horse or pony shall be stabled or pastured on any lot or parcel
Il. No unlicensed motor vehicle shall be parked on any lot herein ;[or more
than 60 days unless it is parked in an enclosed garage.
12. No trees measuring six inches or more in diameter at a point two feet
above ground level may be removed without the written approval of the architectural
control committee. Approval for the removal of trees located within fifteen ;[eel of
the main dwelling or accessory buildi_ngs will be granted unless such removal will substan-
tially increase the beauty of the property. This shall not ,apply to clearing of right-of-
way~, and/or easements, for construction o;[ roadways, drainage and utilities, or for garden
or trailer space.
13. The following are ~rohibited until it has been approved by the Ard, i'.
ural Control Committee:
(A) No ;[ence shall be erected, placed, or altered on any lot.
(B) No antennae other than a television antennae shall be installed.
(C) No swimming pool shall be constructed above ground.
(D) No single story main structure shall be o;[ slab construction.
(E) No masonry other than brick or stone shall be left exposed on an)
structure.
Itt. No improvements, including residences or garages or
accessory buildings, shall be erected on any lot except in
accordonce with plans and specifications for the construction
thereof', except as approved in writing by the architectural
committee and riled in their office. No additions, such os
carports, porches, radio towers or antennas or any substantial
architectural changes to any dwelling or accessory buildings,
shall be erected on any lot unless such additional change has
been approved in writing by the architectural committee.
15. No storage sheds or tool houses may be placed upon
these lots, whether or not the same are permanently attached to
the real estate, without approval in writing From the architec-
tural committee.
Id;. The orchitectural committee is composed o? the ?olio'wing
tour (4) persons.. Don Fatten Ur., Glenn Perkins, Paul Bart and
Ernie Taylor, any two (2) of whom may act.
A majority of the committee may designate a represen-
tative to act for it. In the event of death or resignation of
any member of the committee, the remaining members shall have Full
authority to designate a successor. Neither the member of the
committee~ nor ~ts designated representative ~hall be entitled
to any compensation For ~ervice$ performed pursuant to thi~ covenant.
The right i~ hereby reserved by the committee to transfer and
a$~ion thi~ right to approve plan~ and ~pec]Fication~.
17. The committeet$ approval or disapproval a8 required in
the$e covenant~ ~hall be in writing. In the event the committee
or its designated representative Fail~ to approve or di~approv~
~ithin 30 day~ after plon~ and ~pec]F~cation~ have been $ubmitted
to it, or in any eve~, if no ~uit to enjo]n~the con~truction or
alteration ha~ been commenced prior to the completion of 8aid con-
struction or alteration, after not~ce in ~riting of ~ai~ con-
$truction or alteration ha~ been received by ~aid committee, or
any member thereof, approval w]ll not be required and the related
covenants ~hal I be deemed'to have been Fully compl ~ed ~th.
I~. Restrictive covenant requiring exterior Finish materials
to be one of the ~ollo~ing:
(~) Beaded_ Hordboord 8~ding
(~) ~/oodsmon Siding
( C ) ~ood S/ding
(P) Brick Veneer
utilities are to be underground.
20. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them For a
period o£ t~,enty (20) years for the date these covenants are
recorded, after vhich i;me said covenants shall be automatically
extended for an additional period of' ten (10) years unless an
instrument signed by a majority of the then owners of the lots
has been recorded, agreeing to change said covenants in whole or
in part.
21. Once developer sel i$ land, he is no longer responsible
for these covenants.
'Signature'
Date
Signature Date
11111111111
November 28, 1984 BS
ADDENDUM
84S171
Pioneer Financial Services, Inc.
On November 27, 1984, the developer submitted the attached proffered con-
ditions as he indicated at the Planning Commission meeting. The proffered
conditions are the same as those that were accepted with Case 83S138, which
includes Glen Oaks Subdivision to the north, east and west.
RECOMMENDATION
Recommend approval, with the acceptance of the attached proffered conditions,
for the following reason:
The proffered conditions provide adequate controls to ensure that the
development will be in keeping with the development of Glen Oaks Subdivi-
sion to the north.
84S171/BSOCT4/ONN
TO: CHESTERFIELD COUNTY PLANNING STAFF
FROM: PIONEER FINANCIAL CORPORATION
REFERENCE: Proffered Condition for zoning case
84S171.
Pioneer does hereby proffer the aforementioned conditions which are the
same as per zoning case ~83S138.
Proffered Conditions:
1. County sewer and water will be used for all development.
2. Minimum square footage for homes as follows:
a) Ranchers - 1400 sq. ft. finished
b) Cape cods & Tri-levels - 1600 sq.ft, with 1000 sq.ft, finished
c) Two stories - 1800 sq. ft. with 900 sq. ft. finished.
3. The following shall be incorporated into the Declaration of Restrictions
and recorded.~, with the subdivision plat:
No lot shallbe used other than for residential purposes. Only
one residence may be constructed on each platted lot as recorded,
nor shall said platted lots be subdivided or re-subdivided.
bo
Exclusive of the main dwelling, no building, structure, outbuilding,
playhouse, fence or wall shall be erected, placed or altered on any
lot until the construction plans and specifications and a plan show-
ing the location of the same have been filed with and approved by
the Architectural Ccntrol Committee as to square footaghe, quality
of workmanship and materials, harmony of exterior design and/or
color with existing structures, and as to location with respect to
topography and finished grade elevation.
c. The Architectural Control Cosmittee is co~posed of the following
persons: Don Patten, Jr., Glenn Perkins, Paul Bart, ~-rnie Taylor, and one
other selected by developers and ho~e owners. The Architectural Control
Committee will act only in the event any tte~ in the Declaration of R~-
strtcttons is not co~plied with. In the event of a death or resi~ation
of any member of this Coumittee, a replacement will be appointed by the
side that lost the member.
d. The comaittee's approval or disapproval as required in these
proposed restrictions shall be in writing. In the event the committee or
its designated representative falls to approve or disapprova within 30
days after plans and specifications have bees submitted to it, or in any
event, if no suit to enjoin the construction or alteration, after notice
in writing of said construction has been received by said comittee, ap-
proval will not be required and the related covenants shall be deemed to
have been fully co~plied with.
e. No sign of any kind sha.ll'b.~o~ed to the public view on any
lot except that one sign of not ~re than seven square feet advertising
the property' for sale or rent may be displayed; two signs used by
builder to advertise the property during construction and sales period
also be displayed; also, one sign ~ay be displayed at the entrance of sub-
division of not more than twenty-four square feet.
f. No trailer, tent, shack, garage, barn or other outbuildings
erected on any lot shall at any tt4ae be used as a residence, temporarily
or permanently, nor shall any structure of a temporary character be used
as a residence; provided, however, this clause shall not be construed to
prevent domestic held quarters being installed over a detached garage or
other outbuilding·
g. No homeowner's trailer shall be parked over 12 hours in any one
week on any lot or driveway so as to be visible fro~ the street.
h. No live stock, cattle, hogs, or goats, any dog kennel as defined
by the Chesterfield County Code in existence as of the date of the record-
ation of these restrictions shall be allowed on any lot, nor shall any
noxious or offensive trade or activity be carried on thereon, nor shall
anything be done thereon which shall be or become an annoyance or nuisance
to a good residential neighborhood.
i. No lots shall be used or ~atntained as a dumping ground for rub-
bish. 'Trash, garbage, or other waste shall be kept in sanitary contain-
ers. All incinerators or other equipment for the storage or disposal of
such materials shall be kept in a clean and sanitary condition in'rear
yards only. Trash to be picked up by public or private service shall be
kept outside the bounds of any road in the subdivision and kept wholly on
the individual lots.
J. No horse or pony shall be stabled or pastured on any lot or par-
cel of land.
A
t
k. No unlicensed ~otor vehicle shall be parked on any lot herein
for more than 60 days unless it is parked in an enclosed garage.
1. - No trees measuring six inches or more in diameter at a point ~wo
feet above ground level may be removed without the written approval of the
Architectural Control Conndttee. Approval for the renoval of trees
located within fifteen, feet of the main dvellin~ or accessory buildings
will be granted unless such removal will substantially increase the beauty
of the property. This shall not apply to clearing of right of rays,
and/or easements, for construction of roadways, drainage and utilities, or
for garden or trailer space.
m. The following are prohibited until it has been approved by the
Architectural Control Cmmittee:
No fence shall be erected, piaced, or altered on any lot.
No antennae other Chart a television antennae shall be
installed.
3. No svi~ning pool shall be constructed above ground.
No single story main structure shall be of slab con-
struction.
No masonry other t~an brick or stone shall be left exposed
on any structure.
n. Restrictive covenant requiring e~xterior finish materials to be
one of the folloving:
2.
3.
Beaded Hardboard Siding
Woodsman Siding
Wood Siding
Brick Veneer
o. All utilities are to be underground.
p. These covenants are to run with the land and shall be binding on
all parties and all persons claiming under the~ for a period of treaty
(20) years for the date these covenants are recorded, after vhich time
said covenants shall be auto~atically extended for an additional period of
ten (10) years unless an instrument signed by a ~aJority of the then
ovners of the lots has been recorded, agreeing to change said covenants in
vhole or in part.
q. Once developer sells land, he is no longer responsible for these
covenants.
. ..-
Vi ce Presi dent
3