04SN0232-Sept 22.pdfMa;,' ! 8, 290a., CPC
July 20, 290d CPC
Pcag'aat ! 7, 200a, CPC
September 22, 2004 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
04SN0232
Douglas Sowers
Matoaca Magisterial District
Watkins Elementary, Midlothian Middle and Midlothian High School Attendance Zones
West line of Otterdale Road
REQUEST:
Rezoning from Agricultural (A) to Residential (R-12) of 242.3 acres with
Conditional Use Planned Development to permit exceptions to Ordinance
requirements. THIS REQUEST LIES WITI~N THE UPPER S~FT
CREEK PLAN AREA AND WAS FILED AFTER FEBRUARY 11, 2004.
PROPOSED LAND USE:
A mixture of residential uses, to include single family and cluster homes, along with
supporting recreational uses and a temporary modular unit for the purpose of
marketing the development are planned. The applicant has agreed to limit
development to a density of 2.0 dwelling traits per acre, yielding approximately 484
dwelling units.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
Ao
While the proposed residential zoning and land use complies with the Upper Swift
Creek Plan which suggests that the property is appropriate for residential
development of 2.0 units per acre or less, the request fails to address the fi~ impact
of this development on area roads, including the dedication of the Powhite Parkway
Extended right of way.
Providing a FiRST CHOICE Community Through Excellence in Public Service
The proffered conditions do not fully address the impacts of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive
Plan. Specifically, the need for roads 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 do not adequately
mitigate the impact on road facilities, thereby not insuring adequate service levels
are maintained and protecting the health, safety and welfare of County citizens.
C. The application falls to address connectivity to adjacent developments.
(NOTE: CONDITIONS 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.)
CONDITION
The Textual Statement last revised July 26, 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 714-694-7687-00000 (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.
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. (EE)
°
Utilities. Except for one temporary model home within a modular unit, the public
water and wastewater systems shall be used. (U)
Cash Proffer. The applicant, sub divider, or assignee(s) shall pay the following to
the County of 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, if paid prior to July 1, 2004; or
2 04SN0232-SEPT22-BOS
o
bo
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 and Swift Building Cost Index between July 1, 2003, and July 1
of the fiscal year in which the payment is made if paid after June 30, 2004.
Provided, however, that if any building permits issued on the Property are
for senior housing, the dwelling 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 3601 et seq., as amended by the
Fair Housing Amendments Act of 1988, and of 24 CFR Section 100.304
in effect as of the date of the Rezoning, and which are subject to the
occupancy requirements that no person under 19 shall reside in each 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 if paid after June 30, 2004.
At the time of payment, the $4,815 will 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.
Provided, furthermore, that if the applicant, subdivider or assignee(s)
dedicates the Powhite Parkway Extended right-of-way to Chesterfield
County as required in Proffered Condition l l.(b), the cash proffers
payment shall be reduced by the road improvement component ("the road
credit") beginning with payment of the first dwelling unit and ending with
payment for the dwelling unit for which the road credit cumulatively
equates to one million five hundred dollars ($1,000,500). (B&M)
Density. The total number of units shall not exceed 2.0 units per acre. (P)
Lot Size. Any lots contiguous to the North Hundred Subdivision shall contain a
minimum of 25,000 square feet. A maximum of twenty-five (25) lots shall be
located contiguous to the "North Hundred Subdivision". (P)
Buffer. A fifty (50) foot buffer, exclusive of easements and required building
setbacks, shall be provided along the south line of the North Hundred
Subdivision. This buffer shall comply with the requirements of the Zoning
Ordinance for Sections 19-520 through 19-522. (P)
Age-Restricted Units. Age restricted dwelling units shall be grouped on a
particular portion of the Property and shall not be scattered among other
residential dwelling units. At the time of recordation of a subdivision plat, lots for
age-restricted units shall be so noted on the plat. (P)
3 04SN0232-SEPT22-BOS
8. BMPs.
10.
11.
(a)
For areas that drain through a regional BMP, temporary sediment basins
shall remain in place and/or new BMPs constructed to achieve the .22
phosphorus standard until the downstream regional BMP into which the
development will drain has been constructed.
(b)
For areas that do not drain through a regional BMP, temporary sediment
basins shall remain in place and/or new BMPs constructed to achieve the
.22 phosphorus standard until Chesterfield County obtains its initial permit
for implementation of the Upper Swift Creek Watershed Plan. (EE)
Phasing of Development. No single family shall be recorded prior to January 1,
2006, and no more than one-hundred single family lots shall be recorded prior to
January 1, 2007.
Road Connections. There shall be no public road connection to Sly Fox Road.
(P)
Transportation.
(a)
In conjunction with recordation of the initial subdivision plat, forty-five
(45) feet of right-of-way along the west side of Otterdale Road, measured
from a centerline based on VDOT Urban Minor Arterial Standards (50
mph) with modifications approved by the Transportation Department, of
that part of Otterdale Road immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the benefit of Chesterfield
County.
(b)
In conjunction with recordation of the initial subdivision plat, or within
sixty (60) days from a written request by Chesterfield County, whichever
occurs first, a 200 foot wide limited access right-of-way for Powhite
Parkway Extended from Otterdale Road through the property shall be
dedicated to and for the benefit of Chesterfield County. The exact
location of this right-of-way shall be approved by the Transportation
Department.
(c)
Direct access from the Property to Otterdale Road shall be limited to four
(4) public roads. The exact location of these accesses shall be approved
by the Transportation Department.
(d)
To provide an adequate roadway system, the developer shall be
responsible for the following improvements:
4 04SN0232-SEPT22-BOS
Construction of additional pavement along Otterdale Road at each
approved access to provide left and right tum lanes, if warranted,
based on Transportation Department standards.
ii.
Widening/improving the west side of Otterdale Road to an eleven
(11) foot wide travel lane, measured from the centerline of the
road, with an additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and overlaying the full
width of the road with one and half (1.5) inches of compacted
bituminous asphalt concrete with modifications approved by the
Transportation Department, for the entire Property frontage.
iii.
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.
(e)
Prior to any construction plan approval, a phasing plan for the required
road improvements, as identified in Proffered Condition 11.(d), shall be
submitted to and approved by the Transportation Department.
12.
Passive Recreation. The developer shall dedicate to and for the benefit of
Chesterfield County, free and unrestricted, a thirty (30) foot wide ingress/egress
easement along the length of Swift Creek within a conservation area from the
eastern to western parcel boundaries, exclusive of the Powhite Parkway Extended
right-of-way as identified in Proffered Condition l l.(b). This easement is
intended for use by the Parks and Recreation Department to provide a passive
recreation facility, and shall be recorded after recordation of the Powhite Parkway
Extended right-of-way. (P&R)
GENERAL INFORMATION
Location:
West line of Otterdale Road, south of Old Hundred Road. Tax ID 714-694-7687 (Sheet 9).
Existing Zoning:
A
Size:
242.3 acres
Existing Land Use:
Vacant
5 04SN0232-SEPT22-BOS
Adiacent Zoning and Land Use:
North - A and R-40; Single family residential or vacant
South - A; Single family residential or vacant
East - A, 0-2 with Conditional Use Planned Development (Greenspring) and R-15; Single
family residential or vacant
West - R-15; Vacant
UTILITIES
Public Water System:
A sixteen (16) inch water line extends along the west side of Otterdale Road and terminates
approximately 5,200 feet south of this site. This water line is served from the Clover Hill
Water Tank in the Clover Hill Pressure Zone. In addition, a twenty-four (24) inch water line
extends along the north side of Midlothian Turnpike and terminates approximately 400 feet
west of Huguenot Springs Road. A sixteen (16) water line is under design to extend south
along Dry Bridge Road and Old Hundred Road to serve the proposed Halsley Development.
This water line will be served from the Huguenot Springs Water Tank in the Huguenot
Springs Pressure Zone and upon completion, will terminate approximately 4,600 feet north
of this site.
The request site is located in close proximity to the future boundary between the Huguenot
Springs Pressure Zone and the Clover Hill Pressure Zone. Precise delineation of the pressure
zone boundary and direction of water service will be determined at time of development.
Use of the public water system is intended. (Proffered Condition 2)
Preliminary computer simulated flow tests indicate a potential for high domestic flow
pressure problems in areas less than 250 feet in elevation. Individual pressure regulators
may be necessary on service laterals in this area.
Public Wastewater System:
A fifty-four (54) inch wastewater mink line extends along the north side of Genito Road
approximately 9,800 feet southeast of this site. A forty-two (42) inch wastewater trunk line
is under design to extend from Genito Road along Swift Creek and Nelsons Branch to serve
the proposed Halsley Development. On completion, this trunk line could serve the majority
of the site. Use of the public wastewater system is intended. (Proffered Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The property drains southwest to Swift Creek and then via Swift Creek to Swift Creek
Reservoir. The property is wooded and should not be timbered without first obtaining a
land-disturbance permit from the Environmental Engineering Department (Proffered
6 04SN0232-SEPT22-BOS
Condition 1). This will insure that adequate erosion control measures are in place prior to
any land disturbance.
Water Quality:
The property will be required to comply with the Regional Best Management Practice
(BMP) Master Plan. Pro-rata fees for construction of BMP facilities and maintenance of
regional BMPs will therefore be required.
An RCM-NRPA with limited uses is located on the property along Otterdale Road. A
watershed BMP, through which the majority of the property drains, is located to the rear of
the property adjacent to Swit~ Creek. Due to the expected changes to the Chesapeake Bay
Preservation Ordinance, the developer should contact the Water Quality Section to
determine if the proposed creek through which this property drains exhibits perennial stream
characteristics.
To address concerns of the Planning Commission and area citizens, the applicant has agreed
to additional water quality measures. (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.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service 0~MS) calls are
expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new
fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the
six new stations, the Plan also recommends the expansion of five (5) existing stations. Based
on 484 dwelling units, this request will generate approximately eight-eight (88) calls for fire
and emergency medical services each year. The applicant has addressed the impact on fire
and EMS (Proffered Condition 3).
The Midlothian Fire Station, Company Number 5, currently provides 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 will be evaluated
during the plans review process.
The applicant has proffered not to make street connections to the North Hundred
Subdivision (Proffered Condition 10). Sly Fox Road in the North Hundred Subdivision is a
stub road that was platted for connection to the applicant's property. Although this
connection is not required to satisfy Ordinance requirements for the number of access points
into this proposed development, in an emergency situation, the connection would benefit
both the applicant's project and the North Hundred development. The Fire Department
7 04SN0232-SEPT22-BOS
continues to support connectivity between subdivisions so that multiple access points are
available to assist in an emergency response. Therefore, the Fire Department does not
support the acceptance of Proffered Condition 10.
Schools:
Approximately 257 students could be generated by this development. This property is
currently in the Watkins Elementary School attendance zone: capacity - 752, enrollment -
855; Midlothian Middle School: capacity - 1,331, enrollment- 1,399; and Midlothian High
School: capacity- 1,568, enrollment- 1,600.
There are currently eight (8) trailers at Watkins Elementary, five (5) trailers at Midlothian
Middle and five (5) trailers at Midlothian High School.
This request will have an impact on all schools involved. A portion of Watkins was
redistricted to Evergreen and Swirl Creek. This case, along with others in the zone, will put
a further strain on the capacity of Watkins. The applicant has agreed to participate in the
cost of providing for area school needs. (Proffered Condition 3)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on projected population growth, the Public Facilities
Plan identified a need for additional library space throughout the County. Even if the
facility improvements that have been made since the Plan was published are taken into
account, there is still an unmet need for additional library space throughout the County.
Development in this area of the county would most likely impact either the existing Clover
Hill Library, the Midlothian Library or a proposed new branch in the Genito Road area. The
Plan indicates a need for additional library space in this area of the County. The applicant
has agreed to participate in the cost of providing for area library needs. (Proffered
Condition 3)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers by
2020. In addition, the Plan identifies the need for ten (10) new or expanded special purpose
parks to provide water access or preserve and interpret unique recreational, cultural or
environmental resources. The Plan also identifies shortfalls in trails and recreational historic
sites.
The Upper Swift Creek Plan states "Corridors along the perennial tributaries of Swig Creek
Reservoir should be preserved to maintain natural vegetation, wildlife habitats, natural
drainage patterns and the water quality of the reservoir, while also permitting passive
recreation for residents or employees in adjoining development. Areas along these
8 04SN0232-SEPT22-BOS
tributaries should be protected by careful site design of the adjoining development; some
areas may be suitable for limited pedestrian, bicycle or horse trails, or for other passive
recreation activities serving the primary land use." These linear conservation/passive
recreation areas are indicated in the Plan.
The Plan also states "Community park land is scarce in the Upper Swift Creek area.
Computing the need for the unserved Phase One and Two population (approximately
44,900), approximately 300 acres of community park land would be needed. There is an
opportunity, however, to develop the remainder of the needed park acreage into linear parks
along Swift Creek and other tributaries of the Swift Creek Reservoir."
The applicant has offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation facilities (Proffered Condition 3). The applicant
has also offered to dedicate an easement for a passive recreation facility along the length of
Swift Creek exclusive of the Powhite Parkway Extended right of way. (Proffered Condition
12)
Transportation:
The property (242.3 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-12) with Conditional Use Planned Development. The
applicant has proffered a maximum density of 2.0 units per acre (Proffered Conditions 4).
Based on single family trip rates, development could generate approximately 4,440 average
daily trips. These vehicles will be initially distributed along Otterdale Road, which had a
2004 traffic count of 858 vehicles per day (VPD).
The Thoroughfare Plan identifies a proposed east/west limited access facility ("Powhite
Parkway Extended"), with a recommended right of way width of 200 feet, extending
through the property. The applicant has proffered to dedicate the Powhite Parkway
Extended right of way in exchange for not paying the road improvement component of the
cash proffer in an amount equal to $1,000,500 (Proffered Condition 3). The applicant should
address the full impact of this development on area roads, including dedication of the
Powhite Parkway Extended right of way. Therefore, staff cannot support this request.
The Thoroughfare Plan also identifies the extension of Woolridge Road, as a major arterial
with a reconmaended right of way width of ninety (90) feet, from Genito Road to Route 288.
Otterdale Road currently serves as the major north/south road for this part of the county.
Due to its current condition, reconstructing Otterdale Road to handle increased traffic will
be very costly. Once the proposed Woolridge Road Extended from Genito Road to Route
288 and the proposed east/west major arterial, located south of Powhite Parkway Extended,
from Otterdale Road to Woolridge Road Extended are constructed, they could better handle
north/south travel. In order to avoid major reconstruction of sections of Otterdale Road and
eliminate bridging Otterdale Road for Powhite Parkway Extended, Staff recommends that
cul-de-sacs be constructed on Otterdale Road at Powhite Parkway Extended. These cul-de-
sacs are anticipated to be provided when Powhite Parkway Extended is constructed. In
shifting the traffic from Otterdale Road to Woolridge Road Extended, it is anticipated that
9 04SN0232-SEPT22-BOS
Woolridge Road Extended from the East/West Arterial to Route 288 may need to be a six-
lane facility; therefore, the recommended fight of way width on this section of road should
be increased from 90 to 120 feet. Also included in the Thoroughfare Plan is a proposed
noah/south major arterial, with a recommended fight of way width of ninety (90) feet,
extending from Otterdale Road northward through the subject property. Due to topography
and the development that has either occurred or has been approved in the area, staff supports
eliminating the north/south arterial through the subject property. Staff will recommend
these changes to the Thoroughfare Plan, with upcoming Comprehensive Plan
amendment(s).
The Thoroughfare Plan identifies Otterdale Road as 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 the centerline of Otterdale Road, in accordance with that
Plan. (Proffered Condition 11.a)
Access to major arterials, such as Otterdale Road, should be controlled. The applicant has
proffered that direct access from the property to Otterdale Road will be limited to four (4)
public roads (Proffered Condition 11.c). Based on the anticipated location of the Powhite
Parkway Extended, two (2) of these accesses are anticipated to serve the northern part of the
property and two (2) accesses will serve the southern part of the property.
To address neighborhood concems, the applicant has also proffered that no public road
connection will be provided from the property to the adjacent subdivision to the north
(North Hundred Subdivision) via Sly Fox Road. (Proffered Condition 10)
The Subdivision Ordinance requires that subdivision streets must conform to the Planning
Commission Stub Road Policy, which suggests that traffic volumes on those streets should
not exceed an acceptable level of 1,500 vehicles per day. In accordance with the Stub Road
Policy, residential collector streets may be required through parts of the property.
The traffic impact of this development must be addressed. The applicant has proffered to: 1)
construct additional pavement along Otterdale Road at each approved access to provide left
and right mm lanes, based on Transportation Department standards; and 2) widen/improve
the west side of Otterdale Road to an eleven (11) foot wide travel lane with an additional
one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlay
with asphalt the fi~l width of the road for the entire property frontage. (Proffered Condition
ll.d.)
Most area roads in this part of the county have little or no shoulders with poor vertical and
horizontal alignments. The roads need to be improved to address safety and accommodate
the increase in traffic generated by this development. Otterdale Road will be directly
impacted by this development. Sections of Otterdale Road have nineteen (19) to twenty (20)
foot wide pavement with no shoulders, fixed objects adjacent to the edge of the pavement,
and substandard vertical and horizontal alignments. The capacity of this road is acceptable
(Level of Service B) for the volume of traffic it currently carries (858 VPD). As
development continues in this part of the county, traffic volumes on area roads will
10 04SN0232-SEPT22-BOS
substantially increase. Cash proffers alone will not cover the cost of the improvements
needed to accommodate the traffic increases. No road improvement projects in this part of
the county are included in the Secondary Road Six-Year Improvement Plan~
As earlier stated, the proposed Powhite Parkway Extended is planned to extend through the
property. The applicant has proffered to dedicate a 200 foot wide right of way for Powhite
Parkway Extended through the property (Proffered Condition 11.b.) Dedication of the
Powhite Parkway Extended fight of way would not reduce the number of dwelling units that
the applicant would be allowed to develop on the property.
Traffic noise from Powhite Parkway Extended will impact development on the property.
The Subdivision Ordinance requires a 200-foot setback, exclusive of required yards, from
the Powhite Parkway Extended right-of-way, unless a noise study demonstrates that a lesser
distance is acceptable. Natural vegetation must be retained within the setback area, unless
the Planning Commission approves its removal.
The applicant has proffered to contribute cash towards mitigating the traffic impact of the
residential development (Proffered Condition 3). According to Proffered Condition 3, if the
developer dedicates the Powhite Parkway Extended right of way as proffered, the cash
proffer payment for road improvements will be reduced in an amount equal to $1,000,500
("credit amount"). The applicant derived this credit amount by calculating, based on the
current alignment for the road, the acreage (23.5 acres) for the 200-foot wide right of way
plus the acreage (43.2 acres) of the 200-foot wide noise setback on each side of Powhite
Extended. The applicant is requesting the credit amount based on the total 66.7 acres at
$15,000 per acre, even though the only acreage that will be dedicated to the county will be
the right of way (23.5 acres). If the final alignment for Powhite Parkway Extended shifts, the
proffer would allow the same credit amount regardless of the actual acreage dedicated.
The applicant has not addressed the full impact of this development on area roads, including
dedication of the Powhite Parkway Extended right of way. Therefore, staff cannot support
this request.
11 04SN0232-SEPT22-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 484* 1.00
Population Increase 1316.48 2.72
Number of New Students
Elementary 116.16 0.24
Middle 62.92 0.13
High 82.28 0.17
TOTAL 261.36 0.54
Net Cost for Schools 2,345,948 4,847
Net Cost for Parks 335,412 693
Net Cost for Libraries 181,500 375
Net Cost for Fire Stations 194,084 401
Average Net Cost for Roads 1,988,756 4,109
TOTAL NET COST 5,045,700 10,425
*Based on a proffered maximum of two (2) units per acre (Proffered Condition 4). 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 have an increased impact on school facilities.
The applicant has offered cash to assist in defraying the cost of this proposed zoning on such
capital facilities (Proffered Condition 3). However, in addition, the applicant has proffered to pay
an amount reduced for the road component in exchange for the dedication to Chesterfield County
of the Powhite Parkway Extended right of way. Accordingly, the County's ability to provide
adequate road facilities to its citizens will be adversely impacted. Staff is not supportive of the
proffer for dedication as is further discussed in the Transportation Section of the Request
Analysis. Should the applicant not dedicate the right of way, staff finds the proffered condition
consistent with the Board of Supervisors' Policy, and proffers accepted from other applicants.
The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that them are unique circumstances relative to this case that may justify
acceptance of proffers below the value of the maximum acceptable amount.
12 04SN0232-SEPT22-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upver Swift Creek Plan which suggests that the property is
appropriate for residential development of 2.0 units per acre or less. The Plan also suggests
that various types of housing, to include clustered detached single family dwellings may also
be appropriate if included within a large coordinated planned development.
Area Development Trends:
Properties to the north are zoned R-40 and developed as part of the North Hun&ed
Subdivision. Properties to the south are zoned Agricultural (A) and are occupied by a single
family residence or are currently vacant. Property to the west is zoned R-15 with tentative
approval for the Halsley Subdivision development. Properties to the west are zoned
Agricultural (A) and Residential (R-15) and are occupied by single family residences or are
currently vacant, or are zoned Corporate Office (0-2) with Conditional Use Planned
Development as part of the original Greenspring mixed use project. It is anticipated that
residential development at densities of 2.0 units per acre or less will continue west of
Otterdale Road, consistent with the suggestions of the Upper Swift Creek Plan.
Site Design:
The 242 acre tract proposed for R-12 zoning may be developed for cluster homes and/or
single family residential uses, both of which are discussed in further detail herein. If the
property is developed for both dwelling types, the Textual Statement requires the
submission of a conceptual plan to either the Planning 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 Item A)
Density_:
A maximum of 2.0 dwelling units per acre has been proffered, yielding an overall maximum
project density of 484 dwelling units. (proffered Condition 4)
Lot Size:
The Ordinance requires a minimum lot area of 12,000 square feet in a Residential 0~-12)
District. To ad&ess concerns of area residents, the applicant has proffered that any lots that
adjoin North Hun&ed Subdivision will have a minimum lot area of 25,000 square feet.
Further, no more than twenty-five (25) lots within the development will be located
contiguous to this adjacent to North Hun&ed Subdivision. (Proffered Condition 5)
13 04SN0232-SEPT22-BOS
Dwelling Types:
As previously noted, two (2) dwelling types are proposed. Where common areas are to be
provided within the development, the Ordinance requires that the ownership and
maintenance responsibilities be established.
Cluster Homes:
Cluster homes are proposed 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
acre. Other restrictions include building materials, setbacks, provisions of sidewalks,
buffers, recreational facilities, provision of a focal point, landscaping, street trees, paved
driveways and garage orientation. (Textual Statement Item B.2)
Single 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)
To address concerns of area property owners, proffered conditions address minimum house
size. (Textual Statement Item B.3.a.)
The Textual Statement would require the recordation of restrictive covenants for any
residential development, other than cluster 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 B.3.c.)
Recreational Areas and Open Space:
The applicant has agreed to provide a minimum of .75 acre of open space within or
conveniently accessible to the cluster development. This open space will be located and
positioned to provide a "focal point" as one (1) enters the project. Benches and other
amenities are to be provided in a portion of this area to facilitate outdoor gatherings.
(Textual Statement Item B.2.i.)
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 recreational uses on surrounding residential areas. (Textual Statement Item
B.3.b.)
Within the cluster home developments, where lot 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
14 04SN0232-SEPT22-BOS
building, structure, drive or parking area". The Subdivision Ordinance will require creation
of a Homeowners' Association to maintain any common open space.
Buffer:
The Ordinance does not require the provision of a buffer between single family residential
zoning districts. To ad&ess concerns of area residents, a fifty (50) foot buffer, exclusive of
easements and required building setbacks, has been proffered adjacent to the south line of
North Hun&ed Subdivision (Proffered Condition 6). As this buffer will be recorded as part
of each individual lot and not in common area, it may become difficult for staff to enforce
the integrity of this buffer if those property owners upon whose lot the buffer is recorded
decide to clear the vegetation.
Age Restriction:
Should any housing units be designed for occupancy by seniors, proffered conditions require
that such units be grouped together and identified on subdivision plans in an effort to
accurately track the impacts on capital facilities. 0~roffered Condition 7)
Phasing:
In response to concerns of the Matoaca District Commissioner relative to the impact of
development on area roms and schools, a proffered condition was submitted for the phasing
of the development. Ultimate build out will not occur until 2007 or later. (Proffered
Condition 9)
Prohibition on Road Connection:
Proffered Condition 10 precludes any public road connection from the subject property,
north to the adjacent North Hun&ed Subdivision. Sly Fox Road within the North Hun&ed
Subdivision was platted in anticipation of a future connection to the subject property. In
addition to promoting fire and emergency services safety, stub road connections provide
interconnectivity among adjacent residential developments thereby reducing congestion
along collector and arterial roads and providing a convenient and safe access to neighboring
properties. The Planning and Fire Departments support maintaining road connections
between these adjacent developments and therefore, does not support the acceptance of
Proffered Condition 10.
Restrictive Covenants:
Textual Statement Item B.3.c. would require recordation of restrictive covenants for the
single family portion of development. 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.
15 04SN0232-SEPT22-BOS
Model Homes:
In residential districts, model homes (sales offices) are permitted provided that, in addition
to its permanent use as a dwelling, such home may be used as a temporary real estate office.
The applicant is requesting the use of a temporary sales office to be located first within a
modular office unit and then within the facilities housing recreational uses on the request
property. Given that the modular office unit nor the planned recreational facilities are
dwellings, sales would not be permitted. Conditions establish this use as temporary and
subject to all other restrictions applied to model homes within residential districts, which
will ensure the residential character of the surrounding area is maintained. (Textual
Statement Item B.1)
CONCLUSIONS
While the proposed residential zoning and land use complies with the Upper Swift Creek Plan
which suggests that the property is appropriate for residential development of 2.0 units per acre or
less, the request fails to address the full impact of this development on area roads, including the
dedication of the Powhite Parkway Extended right of way.
The proffered conditions do not fully address the impacts of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for
roads 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 do not
adequately mitigate the impact on road facilities, thereby not insuring adequate service levels are
maintained and protecting the health, safety and welfare of County citizens.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (5/18/04):
At the request of the applicant, the Commission deferred this case to the Commission's
July 20, 2004, public hearing.
Staff (5/19/04):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than May 24, 2004, for consideration at the Commission's
July public meeting. Also, the applicant was advised that a $250.00 deferral fee must be
paid prior to the Commission's public hearing.
16 04SN0232-SEPT22-BOS
Applicant (6/9/04):
The deferral fee was paid.
Meeting with Area Property Owners, Applicant, Staff and Matoaca District Commissioner
(6/9/04):
A meeting was held to discuss the request. Concerns expressed by area property owners
included impacts on transportation and schools, availability of public utilities to North
Hundred Subdivision, a potential road connection to North Hundred Subdivision,
condominium development and the size and number of lots as well as buffers adjacent to
North Hundred Subdivision. The applicant agreed to proffer larger lot sizes and a
maximum number of lots adjacent to North Hundred Subdivision as well as a buffer
between the developments, and to preclude any road connection to Sly Fox Road within
the North Hundred Subdivision.
Applicant (6/21/04):
The applicant withdrew the exception to permit condominiums with this request.
Applicant, Staff and Matoaca Planning Commissioner (6/30/04):
A meeting was held to discuss transportation improvements and park needs along Swift
Creek. It was generally agreed that the applicant and the Transportation Department
would continue discussions relative to the proffered conditions to clarify the applicant's
intent.
Applicant (7/19/04):
Revised proffered conditions and textual statement were submitted.
Planning Commission Meeting (7/20/04):
On their own motion, the Commission deferred this case to August 17, 2004.
Staff (7/21/04):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than July 26, 2004, for consideration at the Commission's August 17,
2004, public hearing.
17 04SN0232-SEI~22-BOS
Applicant (7/26/04):
Revised proffered conditions and Textual Statement were submitted.
Planning Commission Meeting (8/17/04):
The applicant did not accept the recommendation. There was support present indicating that
the development would extend public water to the surrounding area and that the proffers
would preclude a road connection to North Hundred Subdivision thereby minimizing the
impact on that adjacent development.
There was opposition present. Concerns were expressed relative to area road conditions;
credits for dedication of fight of way; and impacts on schools.
Mr. Bass indicated that the applicant had failed to adequately address the impact on capital
facilities.
Mr. Gecker indicated that the application had been filed after the Board's resolution which
states that any cases within the boundaries of the Upper Swift Creek Plan filed after
February 11, 2004, would be deferred for one (1) year. He indicated that the Commission
should pause until the Plan could be amended.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial of
this request.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, September 22, 2004, beginning at 7:00 p.m., will take
under consideration this request.
18 04SN0232-SE~22-BOS
Date: March 1, 2004
Revised: May 24, 2004
Revised: June 7, 2004
Revised: June 10, 2004
Revised: June 17, 2004
Revised: June 21, 2004
Revised: July 14, 2004,
Revised: July 15, 2004,
Revised: July 26, Replaces all previous versions.
TEXTUALSTATEMENT
This is a request to rezone the entire Property to R-12 with a Conditional Use Planned
Development (CL~D) that will permit development of a mixed use, planned community
including single family residences 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. General Requirements Applicable to All Uses
Mixing of Uses. There shall be no "mixing" of uses (e.g. if the Property is to be
developed for cluster homes, all of the Property shall be developed as cluster homes,
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 limited to, the exact location of uses,
buffers, and site design. Such conceptual plans shall be approved by either the
Planning Department or the Planning Commission, 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.
Requirements for Specific Uses
1. Temporary Model Home within Modular Unit.
One temporary model home shall be permitted in a modular unit provided:
a) Such unit shall be utilized for a maximum of two (2) years from the date
of tentative subdivision approval. At the end of two (2) years, the
temporary sales trailer shall be removed and sales activities may be
located within facilities housing recreational uses on the property.
b) Such unit shall be subject to the requirement sec. 19-65(a)(2) through (5)
of the ordinance.
Cluster Homes
Single Family detached cluster homes shall meet the following requirements:
a) Lot Area and Width. Each lot shall have an area of not less than 6,000
square feet and a lot width of not less than fifty (50) feet.
b) Density. The overall density shall not exceed six (6) units per gross
acre.
c)
d)
e)
g)
Building Materials. Dwelling units shall be constructed of brick veneer,
composition siding, vinyl siding or a combination thereof and twenty
(20) year asphalt or fiberglass shingles.
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 have a twenty-five (25) foot front yard
setback but no rear yard 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 (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 the time of tentative subdivision review, may approve
exceptions to these side yard requirements. The tentative subdivision,
final check and record plats shall identify the specific setback criteria for
each lot. Accessory structures shall have no side yard setback.
Sidewalks. Sidewalks shall be provided that facilitate pedestrian access
within the Development, to the recreational areas in 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 the Planning
Commission determines at the time of subdivision review 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 cluster homes fronting the road.
Buffers. Buffers shall comply with Section 1%70 of the Subdivision
Ordinance along roads and shall be located within recorded open spaces.
h)
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(t). 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.
i)
Recreation Area/Open Space. A minimum of 0.75 acres of open
space/recreation area shall be located and positioned to provide a "focal
point" as one enters each cluster 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 development of the first phase of each cluster
development, and its exact design and location approved at the time of
tentative subdivision review.
J)
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 the time of tentative subdivision
review that, based on the design of individual units, front entry garages
would not have an adverse effect on the streetscape.
k)
Street Trees. Street trees shall be 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 tentative
subdivision review.
1)
Paved Driveways. All dwelling units shall have paved driveways. The
exact treatment shall be approved at the time of tentative subdivision
plan review.
3. Residential (R-12}
All dwellings other than Cluster Homes shall meet the requirements of the
Residential (R-12) District as well as the following requirements:
a)
Minimum Square Footage for Single Family Dwellings. With the
exception of Cluster Homes, the minimum gross floor area for single
family detached homes shall be as follows: 1 story: 1700 square feet;
More than 1 story: 2000 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 a minimum 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 minimum of fifty (50) feet from any
existing or proposed road.
(ii)
Within the one hundred (100) and fifty (50) foot setbacks, a fifty
(50) foot buffer shall be provided along the perimeter of all active
recreational facilities except where adjacent to any existing to
proposed road. This buffer shall conform to the requirements of
Section 19-251 (a) through (h) and 19-522(a)(2) of the Zoning
Ordinance for fifty (50) foot buffers.
(iii)
Any playground area (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
Section 19-251(a) through (h) and 19-522(a)(2) of the Zoning
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 or speaker system.
(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.
4
(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.
c)
Covenants. For all properties containing single family detached
dwellings (except Cluster Homes), 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 be held,
owned, conveyed, used 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 coordinate each residence and lot and shall
establish reasonable rules 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 pitch
Minimum 12" overhang
No uncolored galvanized flashing
Found~ion
Brick foundations
Brick or stone on chimney chases
Dwelling
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 unless approved
by ARC)
(ii)
Minimum 40 sq ft
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 lx6 rake and facia boards
No TI-11 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 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, the ARC reserves the right to make any 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 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 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 in 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
(iii)
(iv)
(v)
(vi)
(vii)
natural or improved state existing on the date such Lot was first
conveyed in fee by Douglas R. Sowers, his successors and/or
assigns, to an owner (including clearance of trees and vegetation,
driveways, entranceways, 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 writing to ensure harmony of
external design and location in relation 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 hereby reserved 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 of the Lots upon which 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 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
(viii)
(ix)
(x)
(xi)
(xii)
construction. During construction, the Lot shall be maintained in a
clean and uncluttered condition, 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 or
grounds on his Lot. All improvements on each Lot shall be kept in
good repair, and, where necessary, painted 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 waster
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.
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, and must be kept
under control of their owner when outside the owner's premises,
nor constitute a nuisance in the opinion of the ARC, it 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 of
the 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 with a 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
violates this covenant 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.
(xiv)
(xvi)
(xvii)
(xviii)
(xix)
No commercially licensed vehicles, motor vehi(;les, recreational
vehicles, boats, disabled vehicles, vehicles without a current stlsle
license or state inspectmn sticker, machinery, or other equipment
shall be visible from the street for a period exceedin8 twenty-four
(24) hours. Any screening of such vehicles 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 in connection with the development
ortho Property. It shall be the responsibility of each Owner to
construct and maintain suitable and adequate parking space on his
Lot and alt vehicles shall be parked lhereon.
The operation of unlicensed motor bikes, ATVs, 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 sl~ll be ofsuch a character or
intensity or so located as to interfere with any other Ownm,'s use or
enjoyment of his Lot No neon or flashing lights ~I~11 be
permitted. Alt external lighting must be approved as to size and
intensity by the ARC.
Except during construction, no signs of' any kind shall b, displayed
to the public view on any lot egc~pt:
a) One sign not exceeding tbur (4) square fbet in areas us,d
tbr the purpose of advertising the Lot for sale or r~t; 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 bo
erc~cted on any Lot that will be visible from th~ strut.
Except as otherwise provided by applicable law, no outside
am~mas, television or otherwise, shali bo permitted; provided,
however, ~hat until cable t~levision becomes available to the
Property, exterior television antennas shall be permitted, provided
they do not extend more than five (5) tket past thc roof line of any
dwelling No satellite dishes shall be visible from the street..
No construction shall be permi~t~ without appropriate ~osion
control so as to prevent the discharge of any soil or other material
onto any other L~t or Common Area The ARC mas' establish
reasonable rules a~d regulations establishing a maximum
percentage of any Lot which may be covered by a building,
driveway or other structure.
(xx)
No fences or walls 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.
(xxi)
No shrubs, trees, fences, or structures of any type shall be erected
which may partially or fully block vehicular sight distance, as set
forth in the Virginia Highway Department regulations, or any
roadway.
(xxii)
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. If a 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.
(xxiii)
Any one or more of the 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.
(xxiv)
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.
(XXV)
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
10
(xxvi)
or in equity that any such party may have for past or future
violation of any covenant contained herein.
These covenants and conditions are to run 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.
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