04SN0232-Feb23.pdfFEBRUARY 23, 2005
CASE#04SN0232
BOARD OF SUPERVISORS PUBLIC HEARING
GOOD EVENING, MY NAME IS TED LUSHCH. I LIVE ON LACY FARM ROAD
IN MOSELEY. IN TWO PREVIOUS VOTES, THE PLANNING COMMISSION
VOTED TO DENY THIS CASE. TONIGHT I URGE YOU TO SUPPORT THEIR
EFFORTS. MR. SOWERS OFFER TO SUPPLY WATER TO THE NORTH
HUNDRED COMMUNITY IS A WELCOME GESTURE AND A SMART BUSINESS
MOVE ON HIS PART. HOWEVER, THIS GESTURE IS NOT PART OF THE CASE
AND DOES NOT OVERCOME THE HEALTH SAFETY AND WELFARE ISSUE
THAT EFFECTS ALL OF US WHO LIVE CLOSE TO OR TRAVEL THROUGH THIS
AREA. THIS ONE PROPOSED DEVELOPMENT WILL INCREASE THE TRAFFIC
COUNT ON OTTERDALE ROAD FROM 858 VEHICLES PER DAY TO 5,298
VEHICLES PER DAY. AT IT'S CURRENT TRAFFIC COUNT, THIS SECTION OF
OTTERDALE ROAD HAS A LEVEL OF SERVICE "B". THE STAFF ANALYSIS
AND RECOMMENDATION REPORT DESCRIBES OTTERDALE ROAD AS
FOLLOWS: "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." MR. SOWERS
HAS PROFERRED TO IMPROVE THE SECTION OF OTTERDALE ROAD THAT
FRONTS HIS PROPERTY BUT THERE WILL BE NO IMPROVEMENTS TO THE
BALANCE OF THIS ROAD. ON PAGE 41 OF THE PUBLIC FACILITIES PLAN
DATED APRIL 14, 2004 THE COUNTY DEFINES UNSAFE SECONDARY ROADS
AS FOLLOWS AND I QUOTE "ROADS THAT HAVE NO SHOULDERS, 20 FEET
OR LESS PAVEMENT WIDTH, AND CARRY MORE THAN 4,000 VEHICLES A
DAY." BASED ON THE NUMBERS THAT I HAVE MENTIONED THIS EVENING
AND PLANNING STAFF'S REPORT THAT STATES THERE ARE NO ROAD
IMPROVEMENTS IN THE SIX YEAR PLAN, A VOTE TO APPROVE THIS CASE
WILL GUARNTEE THAT NORTH OTTERDALE ROAD WILL BY THE COUNTY'S
DEFINITION BECOME UNSAFE. THIS WILL ENSUR~ THAT POLICE, FIRE,
EMS, SCHOOL BUS DRIVERS, AND OUR CITIZENS TRAVEL ON SUB-
STANDARD UNSAFE ROADS FOR YEARS. AT ISSUE THIS EVENING IS THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF OUR COUNTY. I
URGE YOU TO SUPPORT THE PLANNING COMMISSIONS RECOMMENDATION
AND DENY THIS CASE. THANK YOU
TED LUSHCH
~ ......... ~ ~ '~005 CPC
February 23, 2005 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
REOUESTS: i.
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 WITHIN THE UPPER SWIFT
CREEK PLAN AREA AND WAS FILED AFTER FEBRUARY I1,
2004.
II. Waiver to street connectivity requirements.
PROPOSED LAND USE:
A mixture of residential uses, to include single fhmily and cluster homes, tflong with
supporting recreational uses and a temporary modular unit tbr the purpose of
marketing the development are planned. The applicant has agreed to limit
development to a density of 2.0 dwelling units per acre, yielding approximately 484
dwelling units.
Further, relief is requested to the Board's Residential Subdivision Connccuv~ty
Policy to eliminate a potential road connection to an adjacent subdivision
development.
PLANN1NG COMMISSION' RECOMMENDATIONS
.RECOMMEND i)ENIAL OF THE REZON1NG AND CONDITIONAL USE.
AYES: ~ IESSRS. BASS, GECKER AND GULLEY.
NAYS: MESSRS~ ],,ITTON AND WIESON
Providing a FIRST (~[-tOICF, commun.{ty flarough excellence in public serv'icc
I1. A MOTION' TO WAIVE THE CONNECTIVITY POLICY FAILED.
AYES: MESSRS. BASS AND GULLEY.
NAYS: MESSRS. LITTON, WILSON AND GECKER.
STAFF RECOMMENDATION
Request I:
Recommend approval of the rezoning from Agricultural (A) to Residential (R-12)
with Conditional Use Planned Development ]tbr the lbllowing reasons:
The proposed residential zoning and land use complies with the UPper Swit~
Creek PIan which suggests that the property- is appropriate tbr residential
development of 2.0 units per acre or less.
The proffered conditions fully address the impacts of this development on
necessary capital lhcil.ities, as outlined in the Zoning Ordinance and
Comprehensive Plan. Specifically, the need for transportations, schools,
parks, libraries and fire stations is identified in the Public Facilities Plan.. the
Thorought.hre PIan and the Capital: Improvement Pro~zram. and the impact of
this development is discussed herein. The proffered conditions adequately
mitigate the impact on capital thcilities, thereby insuring adequate service
levels are maintained and protecting the health, safety and wclthre of County
citizens.
Request II:
Recommend denial of the waiver to street connectivity requirement and that
Proffered Condition I0 not be accepted. This recommendation is made tbr the
following reason:
The evaluation of the Policy criteria ~t'or granting such relief necessitates
design details that can best be provided through the subdivision review
process.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY O%NER MAY PROFFiER
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.
SHOULD THE BOARD WISH TO GRANT A WAIVER TO THE RESIDENTIAL
SUBDIVISION CONNECTIVITY POLICY (REQUEST ti) IT MUST BE BY A SEPARATE
MOTION AND VOTE TAKEN SUBSEQUENT TO THE DECISION ON ZONING (REQUEST
I)).
CONDITION
The Textual Statement last revised July 26, 2004, shall be considered the Master Plan. (P)
2 04SN0232~[~'EB23~BOS
PR()FFERED CONDITIONS
The Owners-Applicams in this zoning case, pursuant to Section I5.2-2298 of the (;ode of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, tYr 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 ii~ the rezoning request .for iR-12 is
grante& 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 ~brce or effect.
Timbering. Except tbr tile 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 punic
water and wastewater systems shall be used. (U)
Cash Proffer. The applicant, sub divider, or assignee(s) shall pay the :fbtlowing to
the County of Chesterfield prior to the issuance of each building permit ~br
infrastructure improvements within the ser¥ice district fbr the Property:
a. $9,000.00 per dwelling unit, if paid prior to July 1,2004; or
The amount approved by the Board of Supervisors not to exceed
$9,000.00 per dwelling unit adjusted upward by any increase in the
Marshall 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 tbr "age 55 or over" housing as set tbrth in Section 3607 of
the Fair }lousing Act, 42 [)'SC Section 3601 et seq., as amended by tile
Fair Housing Amendments Act of 1988, and of 24 CFR Section I00.304
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 Jul. y 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 lbllows: $598 for parks and recreation, $324 tbr library
facilities, $3,547 for roads, and $346 for fire station.s. Payments in excess
of $4,81. 5 shall be prorated as set tbrth above. (B&M)
3 04SN0232-FI.;B23-BOS
10.
Densitv. ]'he 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
min./mum of 25,000 square fket, A maximum of twenty-five (25) lots shall be
located contiguous to the ':North Hundred Subdivision*'. (P)
Buffer. A fifty (50) toot 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 Zoni~g
Ordinance for Sections 19-520 through I9-522. (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 tbr
age-restricted units shall, be so noted on the plat. (P)
BMPs.
(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 ~b, mily lots shall be recorded prior to
January 1., 2007.
Road Con.nections. There shall be no public mad 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 Otterdate Road, measured
from a centerline based on VDOT Urban Minor Arterial Standards (50
mph) with. modifications approved by the Transportation DepartmenI, of
that part of Otterdale Road immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and fbr the benefit of Chesterfield
County.
(b)
In conjunction with recordation of the initial subdivision plat, or within
sixty (60) days fi'om a written request by Chesterfield County, whichever
4 04SN0232-FEB23*BOS
occurs first, a 200 foot wide limited access right of way l~or Powhite
Parkway Extended from Otterdale Road through the property shall be
dedicated to and tbr the benefit of Chesterfield County. The exact
location of this right-of-way shall be approved by the Transportation
Department.
(c)
Direct access t¥om 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 tbltowing improvements:
Construction of additional pavement along Otterdale Road at each
approved access to provide left and right turn lanes, if warranted,
based on Transportation Department standards.
ii.
Widening/improving the west side of Otterdale Road to an eleven
(11) foot wide trav'el lane, measured from the centerline of the
road, with an additional one (I) foot wide paved shoulder plus a
seven (7)foot wide unpaved shoulder, and overlaying the tull
w'idth of the road with one and half (l.5) inches of cornpacted
bituminous asphalt concrete with modifications approved by the
Transportation Department, fbr 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
fbr the improvements identified above,
Prior to any construction plan approval, a phasing plan for the required
road improvements, as identified in Proffered Condition fl.(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) toot 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 Proffbred Condition t l.(b). This easement is
intended for use by the iParks 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)
5 04SNO232-FEB23.-I3OS
GE'NERAL INFORMATION
Location:
West line of Otterdate Road, south of Old Hundred Roa& Tax ID 714-694-7687 (Sheet 9).
Existing Zoning:
A
Size:
242.3 acres
[:;xisting Land Use:
Vacant
Adjacem Zoning and Land U'se:
North - A and R-40; Single family residential or vacant
South * A; Single family residential or vacant
t:~ast - A, O-2 with Conditional Use Planned Development (Greenspring) and R-15; Single
family residential or vacant
West - R- 15; Vacant
UTII~,ITIES
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 ii.om 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 tmTninates approximately 400 feet
west of Huguenot Springs Road. A sixteen (16) water kine is under design to extend south
along Dry' Bridge Road and Old Hundred Road to serve the proposed tlalsIey Development.
This water tine will be served fi'om the Huguenot Springs Water Tank in the Huguenot
Springs Pressure Zone and upon completion, will terminate approximately 4,600 t;eet 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 p'ressure
zone boundary and direction of water service will be determined at time of development.
Use of the public water system is intended. (Proffbred Condition 2)
6 04SNO232~.FEB23.-B( )S
Preliminary computer simulated flow tests indicate a potential ibr high domestic :flow
pressm'e problems in areas less than 250 tbet in elevation. Individual pressure regulators
may be necessary on service laterals in this area.
Public Wastewater System:
A fifiy-tbur (541) inch wastewater trunk Ii.ne extends along the north side of Genito Road
approximately 9,800 feet southeast of this site. A tbrty-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 setw'e 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 Swill Creek and then via Swifi Creek to Swill Creek
Reservoir. The property is wooded and should not be timbered without first obtaining a
land-disturbance permit from the Environmental Engineering iDepartment (Proftbred
Condition 1). This will insure, that adequate erosion control measures are in place prior to
any land disturbance.
Wmer Quality:
The property v,511 be required to comply with the Regional Best Management Practice
(BMP) Master Plan. Pro-rata :f}ees for construction of BMP facilities and maintenance of
regional BMPs will there, lbre 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 re~ of
the property adjacent m Swift 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 }hr fire, school, libraw, park and transportation ihcilities is identified in the Public
Facilities Plan, the Thoroughthre Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
7 04SN0232-FEB23~BOS
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical ser¥'ice (EMS) calls are
expected to increase forty-l.bur (44) to seventy-ei~t (78) percent by 2022. Six (6) new
tim/rescue stations are recommended tbr 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 fbr fire
and emergency medical services each 5~ar. 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 o:f hydrants,
quantity of water needed for fire protection, and access requ/rements wilt be evaluated
during the plans review process.
The applicant has proffered not to make street com~ections 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 satist!y 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
continues to support connectivity between subdivisions so that multiple access points are
avtillable to assist in an emergency response. Theretbre, the Fire Department does not
support the acceptance of Proffered Condition 10,
Schools:
Approximately 261 students could be generated by this development. This property is
currently in th.e Watkins Elementary School attendance zone: capacity - 752~ em'oltment -
764; Midloth.ian Middle School attendance zone: capacity - 1,458, enrollment - 1,399; and
Midlothian High School attendance zone: capacity ~ 1,589, enrollment - 1,537.
There m'e currently ten (10) trailers at Watkins Elementary and six (6) trailers at Midlothian
Middle.
This request will have an impact on all schools involved. A portion of Watkins was
redistricted to Evergreen and Swift Creek. This case, along with others in the zone, will have
a significant impact on both elementary and secondary schools in this area. Continued
development in this area of the County will push schools over capacity and will necessitate
some form of relief, The applicant has agreed to participate in the cost of providing for area
school needs. (Proft:bred Condition 3)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on. projected population grox~4h~ the Public Facilities
8 04SN 0232- FEB23-BOS
Plan identified a need tbr additional library space throughom the County. Even. if the
thcility improvements that have been made since the Plan was published are taken into
account, there is still an m~met 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 Gcnito Road area. The
Plan indicates a need for additional libraU, 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 tbr three (3) new' regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) communiW 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 ~pper Swift Creek Plato states "Corridors ~flong the perennial tributaries of SwiFt Creek
Reservoir should be preserved to maintain natural vegetation, v~itdli~b habitats, natural
drainage patterns and the water quality of the reservoir, while also permitting passive
recreation 'flor residents or employees in adjoining development. Areas along these
tributaries should be protected by careful site design of the adjoining development; some
areas may be suitabie lbr limited pedestrian, bicycle or horse trails, or for other passive
recreation activities serving the primary land use." These iinear conservation/passive
recreation areas are indicated in the Plan.
The Plan also states "Community park la.nd 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 Swit~ 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 oftbred to dedicate an easement tbr 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), an.d the applicant is
requesting rezoning to Residential (R-12) with Conditional Use Planned Development. The
applicant has proflbred a maximum density of 2.0 units per acre (Proflk.red Conditions 4).
Based on single fhmily trip rates, development could generate approximately 4,440 average
9 04SN0232~FEB23~BOS
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 l~kcility ("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 fi'om Otterdale Road through the t~roperty. (Proftkred Condition
II .b.)
The Thoroughfare Plan also identifies the extension of Woolridge Road, as a major arterial
with a recommended right of way width of ninety (90) fbet, from Genito Road to Rotate 288.
Otterdale Road currently serves as the major nortl~/south road for this part of the county.
Due to its cmTent 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 hm~dle
north/south travel. In order to avoid major reconstruction of sections of Otterdate 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.
shilling the traffic from Otterdate Road to 'Woolridge Road Extended, it is anticipated that
Woolridge Road [~xtended fi'om the East/West Arterial to Rome 288 may need to be a six-
lane thcitity; theretbre, the recommended right of way width on this section of road should
be increased fi~om 90 to 1.20 feet. Also included in the Thorot~ghthm Plm~ is a proposed
nortl~/south major arterial, with a recommended right of way width of ninety (90) feet,
extending tS:om Otterdale Road northxvard 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 nort.h/somh arterial through the subject property. Staff will recommend
these changes to the Thorough~tre Plan. with upcoming Comprehensive Plan
amendment(s).
The Thoroughlhre Plan identifies OtteMale Road as major arterial xvith 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. (Profl~ared Condition 1 l.a)
Access to major arterials, such as Otterdale iRoad, should be controlled. The applicm~t has
profl, bred that direct access from the property to Otterdale Road will be Ihnited 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 ~md two (2) accesses will serve the south, em part of the property.
To ad&ess neighborhood concerns, the applicant has also proffered that no public road
connection will be provided f?om the property to the adjacent subdivision to the north
(North Hundred Subdivision) via Sly Fox Road. (Proffered Condition t0)
10 {)4SN0232-FEB23~B()S
The Subdivision Ordinance requires that subdivision streets must contbma to the iPlm~ning
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.
Traffic noise from Powhite Parkway Extended will impact development on the property.
The Subdivision Ordinance requires a 200-foot setback, exclusive of required yards? fi'om
the Powhite Parkway Extended right-of-xvay, 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. Staff prepared, a preliminary noise study~
Based on cmTent traffic volume projections for Powhite Parkxvay Extended, staff supports a
reduction in the setback to a distance of 130 feet.
The traffic impact of this development must be addressed. 'II~e applicant has proflbred to: 1 )
construct additional pavement along Otterdale Road at each approved access to provide leti
and right turn 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) tbot wide paved shoulder plus a seven (7):foot wide unpaved shoulder, and overlay
with asphalt the tkdl width of the road tbr the entire property frontage. (Proffered Condition
11 .d.)
Most area roads in this pm't of the county have little or no shoulders with poor vertical auld
horizontal aligmnents. The roads need to be improved to address satbty and accommodate
the increase in traffic generated by this development. Otterdale Road will be directly
im.pacted 'by this development. Sections of Otterdale Road have nineteen (t. 9) to twenly (120)
lbot wide pavement with no shoulders, fixed objects adjacent to the edge of the pavement,
and substandard vertical, and horizontal alignments. 't~e capacity of this road is acceptable
(Level of Service B) '[br the volume of traffic it currently carries (858 VPD).
The applicant has proffered to contribute cash, in an. amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered
Condition 3). As development continues in this part of the county, traffic volumes on area
roads wilt 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.
At time of tentative subdivision review, specific recommendations will be provided
regarding access, the internal street network and providing a stub road right-ot~way to the
adjacent property to the south.
i I 04SN0232 FEB23-BOS
Financial impact on Capital Facilities:
PE'R UNIT
Potential Number of New Dwelling Units 484* i.00
Population Increase 1316.48
~ 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 tbr 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
Ave'rage 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 profIk:r of $9,000
per unit would defray the cost of the capital facilities necessitated by this proposed development.
The applicant has been 'fmxher advised that a maximum proffb.r of $4,815 per unit would deft'ay
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, ib. cilities. Consistent
with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant
has oflbred cash to assist in defraying the cost of this proposed zoning on such capital facilities.
Note that circumstances relevant tot his case, as presented by the applicant, have been re'viewed
and it has been determined th.at is appropriate to accept the maximum cash proffer in this case.
12 04SN¢")232- Ii'+2B23,. B O S
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper 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 tyE0es 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 Ilundred
Subdivision. Properties m the south are zoned Agricultural (A) and are occupied by a single
family residence or arc currently vacant. Property to the west is zoned R-15 with tentative
approval Ibr the Halsley Subdivision development. Properties to the west are zoned
Agricultural (A) and Residential (R-15) and are occupied by single Paanily residences or are
cun'ently 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 m~its per acre or less will continue west of
Otterdale Road, consistent with the suggestions of the ~pper Swift Creek Plan.
Site Desig!!:
The 242 acre. tract proposed lbr R-12 zoning may be developed for cluster homes and/or
single lkmily residential uses, both of which are discussed in. further detail herein, if the
property is developed /hr both dwelling types, the Textual Statement requires the
submission of a conceptual plan to either the Planning Cormnission or Planning Department
tbr 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 max.imm of 2.0 dwelling units per acre has been proffered, yielding an overall maximum
prqiect density 0'1!484 dwelling units. (Proffered Condition 4)
Lot Size:
The Ordinance requires a n-finimmn lot area of 12,000 square fbet in a Residential (R-12)
District. 'Fo address concerns of area residents, the applicant has prof~bred that any lots that
adjoin North Hundred Subdivision will have a minimum lot area of 25,000 square t~et.
Further, no more than twenty-five (25) lots within the development will be located
comiguous to this adjacent to North ~tun.dred Subdivision. (Prof[bred Condition 5)
l 3 04SN0232~ FI:)2B23 ~I3 (..)S
Dwelling Types:
As previously noted, two (2) dwelling types are proposed, Where common areas are to be
provided with. in 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 tbr any cluster development would be limited to six (6) units per
acre. Other restrictions include building materials, setbacks, provisions of sidewalks,
buffers, recrcationai facilities, provision of a focal point, landscaping, street trees, paved
driveways and garage orientation. ('Textual Statement item B.2)
Sing!~ Family Residemial:
Single fmnily residential uses would be required' to be developed in accordance ~Sth
Ordinance requirements :for Residential. (R-I 2).Districts. The minimum lot size would be
12,000 square tbet. (Textual Statement Item B.3)
To address concerns of area property owners, proltbred conditions address min.imum house
size. ('Textual Statement Item B.3.a.)
The Textual Statement would require the recordation of restrictive covenants lbr any
residential development, other than cluster uses. It should be noted that [he County will
only insure the recordation o:f the covenants and will not be responsible fbr their
enfbrcement. 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 ~lbcat point" as one (1) enters the project. Benches and other
amenities m'e to be provided in. a portion of this area to ~hcilitate outdoor gatherings.
(Textual Statement Item B.2.i.)
The applicant may also provide active and passive recreation areas within the developmem.
The Textual Statem.ent provides ibr setbacks, buffers and other restrictions to minimize the
impact of such. recreational, uses on sun'ounding residential areas. (Textual Statement Item
B.3
Within the cluster home developments, where lot areas are reduced below the minimum
12,000 square feet, the Ordinance will require that comparable mnount of square i'botage be
placed in open space. The Ordinance defines open space as any area "not occupied by a
14
Buffer:
building, structure, drive or parking area". The Subdivision Ordinance will require creation
of a Homeowners' Association to maintain any common open space.
The Ordinance does not require the provision of a buffer between single family residential
zoning districts. To address concerns of area residents, a fifty (50) fbot buffer, exclusive of
easements m~d required building setbacks, has been proffered adjacent to the somh line of
North Hundred Subdivision (Proflbred Condition 6)~ As this bu~I~zr will be recorded as part
of each individual lot and not in common area, it may become difficult tbr staff to enl.brce
the integrity of this bufIar if those property owners upon whose lot the bu~lbr 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 efibrt to
accurately track the impacts on capital ~kcilities. (Proffered Condition 7)
Phasing:
In response to concerns of the Matoaca District Commissioner relative to the impact of
development on area roads and schools, a proffered condition was submitted for the phasing
of the development. Ultimate build out Mil not occur tmfil 2007 or later. (Proftbred
Condition 9)
Prohibition on Road Connection:
Proffered Condition 10 precludes any public road connection [kom the subject property,
north to the a4iacent North Hunch'ed Subdivision. Sly Fox Road within the North. Hundred
Subdivision was platted in anticipation of a future connection to the subject property. In
addition to promoting fire and emergency services satiety, 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.
On November 23, 2004, the Board of Supervisors adopted the "Residential Subdivision
Connectivity Policy" which allows the Board, through the Co'mmission's recommendation,
to waive the reqtfirement for streets in new subdivision to connect to all adjacent stub streets
that are designed as local streets, residential, collectors and. thoroughthre streets. Staff must
evaluate this waiver based upon three (3) criteria. First, tt~ere must be a sufficient number o~'
other stub streets to adequately disperse traffic and not cause a concentrated use of any one
(1) stub street; second, the connection to a particular stub ~vill cause concentrated traffic at
that location; m~d third, the projected traffic volume on m~y one (1) local street within
existing subdivision exceed I.,500 vehicle trips per day.
15 04SN'0232~FEB23-B(')S
Without additional design infom~ation relative to road layout, to include the provision of
additional stub road connections to the south and west, staff cannot accurately determine il'
the criteria for grating such a waiver can be met. Therefore; it is recommended that
consideration of the waiver be evaluated during the plans review process when more detail
is available and that Proffered Condition 10 not be accepted.
Restrictive Covenants:
Textual Statement Item B.3.c. would require recordation of restrictive covenants Ibr 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 Jbr their enIbrcement. Once the
covenants are recorded, they can be changed.
Model. iHomes:
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 applicator is requesting the use of a temporal' 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 m.odular office unit nor the planned recreational thcilities 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. ('l'extual
Statement Item B. t)
CONCLUSIONS
The proposed residential zoning and land use complies with the 'Upper Swift Creek Plan wh. ich
suggests that the property is appropriate for residential development of 2.0 units per acre.
The proffered conditions fully address the impacts of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need ~br
roads is identified in the Public Facilities Plan, the Thoroughfare Plan an.d the .Capital Improvement
Program, mhd 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, sa_tiety and welfhre of County citizens.
The application fails to address connectivity to the adjacent North Hundred Subdivision per the
Board's recently adopted '~Residential Subdivision Co~mectivity iPolicy". Evaluation of the Policy
criteria for granting such relief necessitates design details that can best be provided through the
subdivision review process.
Given these considerations, approval of this request is recommended, subject to addressing
connectivity m the adjacent subdivision, as discussed herein.
t 6 04SN0232~[:EB23..B()S
CASE HISTORY
iPlanning Commission Meeting (5/18/04):
At the request of the applicant, the Commission delbrred this case to th.e Commission's
July 20, 2004. public hearing.
Staff (5/19/04):
The applicant was advised in writing that any significant, new or revised in~brmation
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.
Applicant (6/9/04):
The defcn'al 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 weI1 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.
AppIicant, Staff and M atoaca Planning Commissioner (6/30/04):
A meeting was held to discuss transportation improvements and park needs along Swift
Creek. lit was generally agreed that the applicant and the Transportation Department
17 04SN0232-FEB23~BOS
would continue discussions relative to the proffered conditions to claril}.' the applicant's
intent.
Applicant (7/19/04):
Revised prot]~kered conditions and textual statement were submitted.
Plzmning Corn.mission Meeting (7/20/04):
On 'their own motion, the Commission deibrred 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.
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 presem, Concerns were expressed relative to area road conditions;
credits ]tbr dedication of right of way; and impacts on. schools.
Mr. Bass indicated that the applicant had failed to adequately address the impact on capital
fhcilities.
Mr. Gecker indicated that the application had been filed alter the Board's resolution which
states that may cases within the boundaries of the _Upper Swill Creek Plan liled after
February I 1, 2004, would be defkrred Ibr 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,
18 04SN0232~ FEB23 ,.B
AYES: Unanimous.
Applicant (9/20/04):
Revised proffered conditions ,,x~re submitted, which no longer reduced the cash proffer
paymenI by the road improvement component :fbr the dedication of the Powhite Parkway
Extended tight of way. As a result of this change, the Transportation Department supports
this request.
Board of Supervisors (9/22/04):
On their own motion., the Board remanded this request to the Plmming Commission.
Staff (9/23/04):
The applicant was advised in writing that the case was remanded m~d would be scheduled
:tbr public heating before the Planning Colmnission on January t 8, 2005.
Planning Commission Meeting ( 1/18/051):
The applicant did not accept the recommendation.
There were several persons present in support of the rezoning and the prohibition m street
connections to North Hundred Subdivision, Those in support indicated that the
development would extend, public water to the area which has experienced problems with
wells.
There was opposition present indicating that the development would have an. adverse impact
on the water quality of Swift Creek Reservoir, area roads and the public school system.
Mr. Bass indicated that area roads cannot accommodate increased traffic without adversely
aftbcting health, sal~bty and welfare. Mr. Gulley indicated that the case should be delayed
until the Upper Swift Creek Plan is amended. He indicated the revised plan wil! evaluate
appropriate densities based upon protecting the water quality of the reservoir and that area
roads catmot accommodate increased traffic.
Messrs. Wilson and Litton indicated that the proposal complies ~vith the adopted Upper
Swift Creek Plm~ and is supported by staff. They further indicated that the applicant has
addressed the impact of the development on capital thcilities consistent with the Board's
Policy.
19 04SN0232-F] :;iB23~B()S
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial of
the rezoning.
AYES: Messrs. }3ass, Gecker and Gulley.
NAYS: Messrs. Litton and Wilson.
With respect to the request to waive the street connectivity requirements, Messrs. Gecker
and Litton indicated that such a proposal would best be evaluated through the tentative
subdivision process.
Mr. Bass made a motion to waive the connectivity requirements. Mr. Gulley seconded thc
motion. A vote on the motion was as fbi.lows:
AYES: Messrs. Bass and Gulley.
NAYS: Messrs. Litton, Wilson and Gecker.
Therefore, the motion failed.
The Board of Supervisors, on Wednesday, February 23, 2005, beginning at 7:00 p.m., will take
under consideration this request.
20 04S N0232- Fl'52B23- BOS
Date: :March I, 2004
Revised: May 24, 2004
Revised: June 7, 2004
Revised: June 10, 2004
Revised: June 17, 2004
Revised: June 21, 2004
Revised: July t4, 2004,
Revised: July I5, 2004,
Revised: July 26, Replaces ail previous versions.
TEXTUAL STATEMENT
This is a request to rezone the entire Property to R-12 with a Conditional Use Planned
Development (CUPD) that will permit development of a mixed use, planned community
including single fhmi. ly residences and cluster homes. Except as qualified herein, uses permitted
in the Residential (R-I2) District and active and passive recreation uses shall be permitted
throughout the Property. In addition, the follo~ving uses, as more :t~lly defined below, shall also
be permitted:
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
thc 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
I9-269(e) of the County Code.
Bo
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 ii'om the date
of tentative subdivision approval. At the end of two (2) years, the
temporary sales trailer shail 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.
2. Cluster Homes
Single Family detached cluster homes shall meet the following reqtdrements:
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 gl'oss
acre.
c)
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.
d)
?ront, Coruer Side an.d Rear Yard. For principal structures, front, comer
side and rear yards shall have a minimum depth of t~venty-five (251) fcet.
Accessory structures shall have a twenty-five (25) foot front yard
setback but no rear yard setback.
e)
Side Yards. Principal structures shall be located no more than five (5)
feet from one side Property line, no less thm~ 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 sbalI have no side yard setback.
Sidewalks. Sidewalks shall, be provided that facilitate pedestrian access
~vithin 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 [he Planning
Commission determines at the time o:f 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.
g) Btfffcrs. Buffers shall comply with Sectiox~ I7-70 of the Subdivision
Ordinance along roads and shall be located within recorded open spaces.
h)
Landscaping. Lm]dscaping shall be provided around the perimeter of att
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 1%518(1). Landscaping shall be
designed to: minimize the predominance ofbuilding 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
buildi~g permit.
i)
Recreation Area/Ope_'..n._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.
Garages. Ail dwellings that provide a garage shall employ side or rear
entry garage designs except that front entry garages may be permitted if
the iPlanning 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.
l)
Paved Drivewav_5. All dwelling units shall have paved driveways. The
exact treatment shall be approved at the time of tentative subdivision
plan review.
3. Residential {R-t2}
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 i}3r Sinale Family Dwellings. With the
exception of Cluster Homes, the minimum gross ~loor area for single
ihmify detached homes shall be as follows: I story: 1700 square feet;
More than 1 story: 2000 square t'eet.
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 g~cns, 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
(i 00) feet from adjacent properties zoned or designated on the
County's Comprehensive iPlan 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 fi'om any
existing or proposed road.
(ii)
Within thc one hundred (100) and fifty (50):foot setbacks, a fi. Pry
(50) fbot buffer shall bc provided along the perimeter of alt 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 ~br fifty (50) foot bu£t~rs.
(iii)
Any playground area (i.e. areas accommodating swings, jungle
gyms, or similar such facilities) and tennis courts shall be located a
minJmmn of forty (40) feet Pcom 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 butYer 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 develop'ment 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 fbr recreational uses shall com.pt.y with Section
t9-573 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)
c)
(i)
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), 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:
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:
Ali plans to be approved prior to commencement of
construction on each lot. House location to be approved
prior to construction.
Minimum 7/12 pitch
iMinimum I2" overhang
No uncolored galvanized flashing
Foundation
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 m~d walks
Brick stoops or painted fir (no salt treated stoops untess approved
by AiRC)
(ii)
Minimum 40 sq fl
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 ix6 rake and facia boards
No T i ~ 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
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 modi~~ 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 th.ese conditions on an individual basis; however, any
special exception(s) shall not be deemed as waiver of thc
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 w'ithheld.
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 £rom its
6
(iii)
(iv)
(v)
(vi)
(vii)
natural or improved state existing on the date such Lot was first
conveyed in fee by Douglas R. So ,,,'ers, 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 fbr the same showi:ng 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 govemmentaI 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, fbr the purpose
of drainage or t'urnishing light, telephone or any other utility to the
Property.
Lots shall be occupied and used as follows:
a)
Lots shall be used for private residential purposes only and
no building of any kind whatsoever shall be erected or
maintained thereon excc'p_t for:
(1) One private dwelling house with each dwelling
being designated for occupm~cy 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-com'mercial
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 efiLct 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 begim~ing of
7
(viii)
(ix)
(X)
(xi)
(xii)
construction. During construction, the Lot shall be maintained in a
dean and uncluttered condition, free of unnecessary accumulation
of w'aste 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 improve'ments 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 streeL
No nuisance or offensive activity shall be permitted or maintained
upon any Lot, nor shall any poultry, hogs, rabbits, cattle, or other
iivestock 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 a:ffect 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 7Lot
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 tbr 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 fi'om 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 m~d it shalt be assmned that each tree
had a diameter of twelve (12) inches.
~xvii{)
Hcen~ or state inspecmm sticker, machinery, or mher eqaipment
(24) hours. A~v sc~'~ning of such ~emcles m~t be approvee by
the ARC Th~s covena.m sha~ ~ot apply t~ vehic~e~ and ,qmpmem
of the Prope~y. It sha~! be ~he respons~bilky ofeac, h Owner ~o
Lot aad Mi veh~cie~ sha~ be parke~ Ibereoa
enioymem of Ms Lot No ~ecm or flashing [ighta ~h~lJ be
ime~.si~y by the ARC,
the p~blic v~ew o~ any ;or except:
One sign not excseding thor (4) squ~r~ foot in ~treas used
tbr the purpose of ad,'¢msing the Lot t~r sale or rent and
b)
One sign not exceeding four (4) square f~'~ in area which
~demifies me resident occupying the Lot, t~ name of the
LoL or both
NO ~emporary~ ponabie~ or a~we-ground swimming pools may bo
Except as o~herwise provided by applicable Iaw, no outside
antennas~ television or o~}lerw~se, shali be permitted; provide&
however. ~ha[ until ~bte television ~comes avai~abl~ to the
Pmpe~y, e~mrior television ~.~tenna~ ~ha[l be permitted, pmvide~
~hey do ~et extend mo~e than five (5) tket pa~ lhe r~flin~ of any
dwd~iag. No ~tel~it¢ ~isbes shail be vlsib~e ~om the mre~.
No coastruc~io~ shall be permme0 withou~ appropriate orosion
cantro~ so as to preveat ti~e d~harge of a~y aoit or other m~teria[
onto any other Lot or Commo~ Are~ The ARC ma5 establish
re,sortable ru}es a~d regu~ation~ establishing a a~mum
(x×)
(xxi)
(xxii)
(xxiii)
(xxiv)
(XXV)
percentage of any Lot which may be covered by a building,
driveway or other structure.
No fences or wails 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 Iine, but in no case shall it extend
f~trther forward than the rear of the house except with the app'roval
of the ARC.
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.
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 ora letter
from the developer and/or the ARC to correct the damage. If a Lot
Owner Pails to correct the damage in a xvorkmanlike manner, then
the developer or its assigns shall have the right to correct the
damage and bill the Lot Owner directly on a cost-pi.us-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.
Any one or more of the Covenants and Restrictions imposed in
iParagraphs (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 shalt 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
I0
(xxvi)
or in equity that any such party may have for past or future
violatior~ of any covenant contained herein.
These covenants and co~ditions are to run with the land and shall
be binding upon subsequent owner or owners and ail parties
claiming through or tinder 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 (i 0) years unless an instrument signed by
a majority of the owners of the Lots has been recorded, revoking
said covenants, or a~eeing to change said covenants in whole or i'n
part.
.!
0