05SN0184-NOV22.pdf
November 22,2005 BS
ADDENDUM
05SN0184
Douglas R. Sowers
and
Susan S. Sowers
Matoaca Magisterial District
Grange Hall Elementary, Swift Creek Middle and Clover Hill High Schools Attendance Zones
East line of Baldwin Creek Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mixture of residential uses, to include single family, condominiums and cluster
homes, along with supporting recreational uses is planned. The applicant has
agreed to limit development to a density of between 2.0 and 2.2 dwelling units per
acre, yielding approximately forty-two (42) dwelling units.
On page 11 of the "Request Analysis" under the section titled "Financial Impact on Capital
Facilities", the report indicates the maximum cash proffer for age restricted units is $10,300.
The correct figure is $10,269.
Providing a FIRST CHOICE community through excellence in public service
OSSN0184- NOV22- AD DEND UM- BS
B
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Mæ-eh 15,2005 CPC
October 18, 2005 CPC
November 22, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0184
Douglas R. Sowers
and
Susan S. Sowers
Matoaca Magisterial District
Grange Hall Elementary, Swift Creek Middle and Clover Hill High Schools Attendance Zones
East line of Baldwin Creek Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A mixture of residential uses, to include single family, condominiums and cluster
homes, along with supporting recreational uses is planned. The applicant has
agreed to limit development to a density of between 2.0 and 2.2 dwelling units per
acre, yielding approximately forty-two (42) dwelling units.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF
THE PROFFERED CONDITION ON PAGES 2 THROUGH 5.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed residential zoning and land use complies with the Upper Swift
Creek Plan which suggests that the portion of the property which drains to the
Swift Creek Reservoir is appropriate for residential the development of 2.0 units
per acre or less and that the portion of the property which does not drain to the
Reservoir is appropriate for residential development of2.2 units per acre or less.
Providing a FIRST CHOICE community through excellence in public service
B. The proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and
Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries
and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan
and the Capital Improvement Program, and the impact of this development is
discussed herein. The proffered conditions mitigate the impact on capital
facilities, thereby not ensuring adequate service levels are maintained and
protecting the health, safety and welfare of County citizens.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
CONDITIONS
(STAFF/CPC)
1.
The Textual Statement, last revised March 1, 2005, shall be
considered the master plan. (P)
(STAFF/CPC)
2.
In conjunction with the initial tentative subdivision plan review, an
overall plat shall be submitted for the residential portion of this
request depicting the acreages for that property which does and
does not drain to the Swift Creek Reservoir for the purpose of
confirming overall project densities. (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 properties known as
Chesterfield County Tax IDs 707-661-9519-00000 and 707-661-9848-00000 (the "Property")
under consideration will be developed according to the attached Textual Statement and the
following conditions if, and only if, the rezoning requests for R-12 as set forth in the above
heading and the application filed herein is granted. In the event the request is denied or approved
with conditions not agreed to by the Owners-Applicants, these proffers and conditions shall be
immediately null and void and of no further force or effect.
(STAFF/CPC)
1.
(a)
Timbering. Except for the timbering approved by the
Virginia State Department of Forestry for the purpose of
removing dead or diseased trees, there shall be no
timbering on the Property until a land disturbance permit
has been obtained from the Environmental Engineering
Department and the approved devices have been installed.
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(STAFF/CPC)
(STAFF/CPC)
(b) Drainage. In order to insure that the drainage on the
property is adequately handles, the Applicants proffer to:
(i) replace all culvert pipes under Beach Road to ensure
adequate size to handle the ultimate upstream drainage
area, or (ii) retain water onsite so that the existing pipes
remain adequate, or (iii) a combination of (i) and (ii) above.
(c) For land that drains to Swift Creek Reservoir, 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. (EE)
2.
Utilities.
(a) Public water shall be used.
(b) Public Wastewater gravity sewer shall be used.
(c) Prior to the issuance of the first building permit for each
tentative subdivision plat, the developer shall make
payment to Chesterfield County in the amount of $200.00
per acre for that particular plat as a contribution towards the
expansion of the Dry Creek Wastewater Pump Station. The
total contribution shall be based on the total acreage served
by the public wastewater system. (U)
3.
Cash Proffer. The applicant, sub-divider, or assignee(s) shall pay
the following to the County of Chesterfield prior to the issuance of
building permit for infrastructure improvements within the service
district for the property:
a. $15,600 per dwelling unit, if paid prior to July 1, 2006; or
the amount approved by the Board of Supervisors not to
exceed $15,600 per dwelling unit adjusted upward by any
increase in the Marshall and Swift Building Cost Index
between July 1, 2005, and July 1 of the fiscal year in which
the payment is made if paid after June 30, 2006.
b. Provided, however, that if any building permits issued on
the property are for senior housing, as defined in the proffer
on age-restriction, the applicant, sub-divider, or assignee(s)
shall pay $10,269 per dwelling unit if paid prior to July 1,
2006, or the amount approved by the Board of Supervisors,
not to exceed $10,269 per dwelling unit as adjusted upward
by any increase in the Marshall and Swift Building Cost
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OSSN0184-NOV22-BS
(STAFF /CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Index between July I, 2005 and July 1 of the fiscal year in
which the payment is made if paid after June 30, 2006. At
the time of payment, the $10,269 will be allocated pro-rata
among the facility costs as follows: $602 for parks and
recreation, $348 for library facilities, $8,915 for roads, and
$404 for fire stations. Payments in excess of $10,269 shall
be prorated as set forth above.
c. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
4.
(a)
Age Restriction. Except as otherwise prohibited by the
Virginia Fair Housing Law, the Federal Fair Housing Act,
and such other applicable federal, state or local legal
requirements, dwelling units designated as age-restricted
shall be restricted to "housing for older persons; as defined
in the Virginia Fair Housing Law and no persons under 19
years of age shall reside therein." (B&M)
(b) Senior Housing. Any dwelling units designated for senior
housing as outlined in Proffered Condition 4(a) shall be
noted on the site plan and/or on any subdivision plat. Such
dwelling units shall be grouped together as part of the same
development section(s). (P)
5.
In conjunction with recordation of the initial subdivision plat,
forty-five (45) feet of right-of-way along the east side of Baldwin
Creek Road (State Route No. 730), measured from the centerline
of that part of Baldwin Road immediately adjacent to the property,
shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
6.
Direct access to Baldwin Creek Road shall be limited to one (1)
public road. The exact location of this shall be approved by the
Transportation Department. (T)
7.
To provide an adequate roadway system, the developer shall be
responsible for the following improvements:
a) Construction of additional pavement along Baldwin Creek
Road at the approved access to provided left and right turn
lanes, if warranted, based on Transportation Department
standards.
(b) Widening/improving the east side of Baldwin Creek Road
to an eleven (11) foot wide travel lane, measured from the
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OSSN0184-NOV22-BS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
8
9.
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 one half (1.5) inch of compacted bituminous asphalt
concrete, with modifications approved by the
Transportation Department, for the entire property frontage.
(c) Dedication to Chesterfield County, free and unrestricted,
any additional right-of-way (or easements) required for the
improvements identified above. In the event the developer
is unable to acquire the right of way necessary for the road
improvements as described, the developer may request in
writing, the County to acquire such right of way as a public
road improvement. All costs associated with the acquisition
of the right-of-way shall be borne by the developer. In the
event the County chooses not to assist the developer in
acquisition of the "off-site" right of way, the developer
shall be relieved of the obligation to acquire the "off-site"
right of way and shall be required only to provided the road
improvements that can be accommodated within available
rights-of-way as determined by the Transportation
Department.
Prior to any construction plan approval, a phasing plan for the
required road improvements, as identified in Proffered Condition
7, shall be submitted to and approved by the Transportation
Department. (T)
Density.
(a) The total number of residential dwelling units on that
portion of the property requested to be rezoned R -12 which
drains to the Swift Creek Reservoir shall not exceed 2 units
per acre. (Note: The Applicant has determined that 0 acres
of said request parcels do drain to the reservoir.)
(b) The total number of residential dwelling units on that
portion of the property requested to be rezoned R-12 which
does not drain to Swift Creek Reservoir shall not exceed
2.2 single family residential units per acre.. (Note: The
Applicant has determined that 19.1 acres of said request
parcels do not drain to the reservoir.) (P)
10.
Phasing. No residential building permits shall be issued until
January 1,2007. (P)
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GENERAL INFORMATION
Location:
East line of Baldwin Creek Road, north of Beach Road. Tax IDs 707-661-9519 and 9848
(Sheet 23).
Existing Zoning:
A
Size:
19.1 acres
Existing Land Use:
Vacant
Adlacent Zoning and Land Use:
North and West - A; Single family residential or vacant
South and East - R-12 with Conditional Use Planned Development; Vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along a portion of Otterdale
Road and terminating adjacent to Hampton Glenn Lane, Hampton Park Subdivision,
approximately 7,300 feet northeast of this site. This site is adjacent to the western
boundary of the property recently rezoned under Case 02SN0209 (Southern Land
Company, L.L.c.). Southern Land Company has proffered to incorporate into their on-
site water distribution system a water line along the proposed east/west collector road to
extend between the easternmost and westernmost boundaries of their development. The
applicant is advised to work with the developer of the Southern Land Company site to
insure adequate water line size and placement to serve the request site. Use of the public
water system is intended and has been proffered by the applicant. (Proffered Condition
2.a)
Public Wastewater System:
There is an existing twelve (12) inch wastewater trunk line extending along the western
branch of Dry Creek that terminates adjacent to Hampton Valley Drive, in Hampton Park
Subdivision, approximately 2,400 feet northeast of this site. Due to topography, portions
of the request site may not be served by the public wastewater gravity system. The
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applicant has proffered that a public wastewater gravity sewer shall be used (Proffered
Condition 2.b.) The applicant is advised to work with the developer of the adjacent
Southern Land Company site to insure that reasonable depth, size and placement of the
off-site wastewater lines are designed to provide gravity wastewater service to the
maximum portion of the request site.
The applicant has proffered to pay the County $200.00 per acre (based on total acreage
served by the public wastewater system) as a contribution towards expansion of the Dry
Creek Wastewater Pump Station. Payments will be made over time as the property
develops, with payment for each section or site to be made prior to issuance of the first
building permit for that section or site. (Proffered Condition 2.c.)
ENVIRONMENTAL
Drainage and Erosion:
The majority of the property drains south under Beach Road and then via tributaries to
the Appomattox River. A very small portion may drain through tributaries to Dry Creek
and then into Swift Creek Reservoir. There are no known on- or off-site drainage or
erosion problems with none anticipated after development. The property is mostly
wooded and should not be timbered without first obtaining a land disturbance permit
from the Environmental Engineering Department (Proffered Condition l.a). This will
insure that adequate erosion control measures are in place prior to any land disturbance.
Currently, the culverts under Beach Road are inadequate and development of this
property will increase flooding frequency. To ensure that the pipes under Beach Road
are adequate to receive drainage from this project, the developer has proffered to replace
all pipes of an adequate size to handle the ultimate upstream drainage area or to retain
water onsite so that the existing pipes remain adequate, or a combination of these two (2)
methods. (Proffered Condition l.b)
Water Quality:
That portion of the property draining to Dry Creek must participate in the Upper Swift
Creek Regional Best Management Practice (BMP) Plan.
To address concerns of the Planning Commission and area citizens, for any portion of the
property that drains to Dry Creek, the applicant has agreed to maintain sediment basins or
construct new BMPs, or combination thereof, until downstream regional BMPs have
been constructed. (Proffered Condition l.c)
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. The residential
portion of this development will have an impact on these facilities.
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Fire Service:
The Public Facilities Plan indicates that emergency services 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 (6) new
stations, the Plan also recommends the expansion of five (5) existing stations. Based on
forty-two (42) dwelling units, this request will generate approximately six (6) calls for
fire and emergency medical services each year. The applicant has fully addressed the
impact on fire service. (Proffered Condition 3)
The Clover Hill Fire Station, Company Number 7, 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 asked for a seven (7) foot exception to the twenty-four (24) foot
pavement width requirement for private driveways serving a maximum of four (4)
condominium dwelling units provided the driveway is not designated as a fire lane.
When the driveway is designated as a fire lane, the width must be a minimum of twenty
(20) feet which is consistent with the Virginia Statewide Fire Prevention Code for fire
lane width requirements (Textual Statement Item B.l.m). Therefore, the exception is
acceptable.
Schools:
Approximately twenty-one (21) students will be generated by this request.
Currently, this site lies in the Grange Hall Elementary School attendance zone: capacity
- 828, enrollment - 716; Swift Creek Middle School zone: capacity - 1,027, enrollment
- 1,470; and Clover Hill High School zone: capacity - 1,582, enrollment - 2,038. The
high school assignment in 2006-07 will be Cosby High School. The enrollment is based
on September 30, 2004, and the capacity is as of 2005-06.
This request will have an impact on the middle and high schools. There are currently
fifteen (15) trailers at Swift Creek Middle and twenty (20) trailers at Clover Hill High.
A new middle school is in the current CIP and is proposed to open in the fall of 2009 that
will provide relief for schools in this area of the County. The new Cosby High School is
under construction, and is scheduled to open in the fall of 2006. This school will provide
relief for Clover Hill and Manchester High Schools.
This case, combined with other tentative residential developments and zoning cases in the
zones, would continue to push these schools to capacity, especially at the secondary level.
This case could necessitate some form of relief in the future.
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The applicant has addressed the impact of this development on school facilities with the
submittal ofthe cash proffer. (Proffered Condition 3)
Libraries:
Consistent with the Board of Supervisors' Policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
Development of the property noted in this case would most likely affect either the
existing Clover Hill Library or a proposed new facility in the vicinity of Beach and
Winterpock Roads. The Plan indicates a need for additional library space in this area.
The applicant has agreed to fully 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 applicant has offered measures to assist in addressing the
impact of this proposed development on these Parks and Recreation facilities. (Proffered
Condition 3)
Transportation:
The property (19 .1 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-12). The applicant has proffered a maximum
density of 2.0 or 2.2 units per acre, dependent on how the property drains to Swift Creek
Reservoir (Proffered Condition 9). The applicant has indicated that all of the property
drains away from the Reservoir, which could result in approximately forty-two (42) units
developed on the property. Based on single-family trip rates, development could
generate approximately 470 average daily trips. These vehicles will be initially
distributed along Baldwin Creek Road, which had a 2005 traffic count of 911 vehicles
per day (VPD).
The Thoroughfare Plan identifies Baldwin Creek Road as a major arterial with
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 Baldwin
Creek Road, in accordance with that Plan. (Proffered Condition 5)
Access to major arterials, such as Baldwin Creek Road, should be controlled. The
applicant has proffered that direct access from the property to Baldwin Creek Road will
be limited to one (1) public road. (Proffered Condition 6)
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The traffic impact of this development must be addressed. The applicant has proffered
to: 1) construct left and right turn lanes along Baldwin Creek Road at the approved
access, based on Transportation Department standards; and 2) widen the east side of
Baldwin Creek Road to a total travel way width of eleven (11) feet measured from the
centerline with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide
unpaved shoulder and overlay with asphalt the full width of the road for the entire
property frontage (Proffered Condition 7). The applicant intends to develop the property
in conjunction with the adjacent parcels to the south and east. Based on Transportation
Department standards, left and right turn lanes along Baldwin Creek Road are anticipated
to be warranted at the public road intersection.
Constructing these road improvements along Baldwin Creek Road may require the
developer to acquire some "off-site" right of way. According to Proffered Condition
7(c), if the developer is unable to acquire the off-site right of way for any road
improvement, the developer may request the County to acquire the right of way as a
public road improvement. All costs associated with the acquisition will be borne by the
developer. If the County chooses not to assist with the right of way acquisition, the
developer will not be obligated to acquire the "off-site" right of way and will only be
obligated to construct road improvements within available right of way.
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads need to be improved to address safety
and accommodate the increase in traffic generated by this development. Baldwin Creek
Road will be directly impacted by this development. Sections of Baldwin Creek Road
have twenty (20) foot wide pavement with no shoulders. The capacity of this road is
acceptable (Level of Service B) for the volume of traffic it currently carries (911 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 will 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 stub road right(s) of way to adjacent
properties.
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Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling 42* 1.00
Units
Population Increase 114.24 2.72
Number of New Students
Elementary 9.79 0.23
Middle 5.46 0.13
High 7.10 0.17
TOTAL 22.34 0.53
Net Cost for Schools 224,616 5,348
Net Cost for Parks 25,368 604
Net Cost for Libraries 14,658 349
Net Cost for Fire Stations 17,010 405
Average Net Cost for Roads 375,564 8,942
TOTAL NET COST 657,216 15,648
* Based on proffered conditions (Proffered Condition 9). The actual number of lots and
corresponding impact may vary.
As noted, this proposed development would 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 $15,648 per unit. The applicant has been advised that a maximum proffer of $15,600
per unit would defray the cost of the capital facilities necessitated by this proposed development.
The applicants have been further advised that a maximum proffer of $10,300 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.
Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants,
the applicant has offered cash to assist in defraying the cost of this proposed zoning on such
capital facilities. (Proffered Condition 3)
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
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LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests that property
which drains to the Swift Creek Reservoir is appropriate for residential development of
2.0 units per acre or less and that property which does not drain to the Reservoir is
appropriate for single family residential use of 2.2 units per acre or less. The Plan also
suggests that various types of housing, to include condominiums and cluster attached or
detached single family dwellings may also be appropriate if included within a large
coordinated planned development. The Plan is currently being revised. The draft Plan,
as recommended by the Planning Department, is consistent with the aforementioned
recommendation of the current Plan for this property.
Area Development Trends:
Properties to the east and south are zoned Residential (R-12). It is anticipated that the
subject property and this adjacent R-12 property will be assembled into one residential
development. Properties to the north and west are zoned Agricultural (A) and are
occupied by single family dwellings or are vacant. It is anticipated that residential
development at densities of 2.0 to 2.2 units per acre or less will continue north of Beach
Road and east of Baldwin Creek Road, consistent with the suggestions of the Upper Swift
Creek Plan, while properties south of Beach Road and west of Baldwin Creek Road will
be limited to primarily agricultural and forestal uses and residential development on
parcels five (5) acres or larger until public water and sewer, road improvements and other
public facilities are in place, consistent with the suggestions of the Southern and Western
Area Plan.
Site Design:
The 19.1 acre tract proposed for R-12 zoning may be developed for condominiums,
cluster homes and/or single family residential uses, all of which are discussed in further
detail herein. If the property is developed for two (2) or more dwelling types, the Textual
Statement requires submission of a conceptual plan to either the Planning Commission or
Planning Department for approval. At the time of review of a conceptual plan, conditions
may be imposed to insure land use compatibility and transition. (Textual Statement Item
A.l.)
Densitv:
A maximum of 2.0 dwelling units per acre has been proffered for that portion of the
property which drains to the Swift Creek Reservoir. The applicant estimates that none of
the property will drain to the Reservoir (Proffered Condition 9(a)). Further, a maximum
of 2.2 dwelling units has been proffered for that portion of the property which does not
drain to the Swift Creek Reservoir. The applicant estimates this to be the entire property
containing 19.1 acres (Proffered Condition 9(b)). This would yield an overall maximum
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project density of forty-two (42) dwelling units. In conjunction with the initial tentative
subdivision plan review, an overall plat depicting these exact acreages and drainage areas
should be submitted to the Planning Department. (Condition 2)
Dwelling TyPes:
As previously noted, several dwelling types are proposed. Where common areas are to
be provided within the development, the Textual Statement requires that the ownership
and maintenance responsibilities be established. (Textual Statement Item A.2.)
Condominiums:
For any condominium development, density would be limited to six (6) units per
acre and would be regulated by the Virginia Condominium Act. (Textual
Statement Item B.1.b) and c))
Other restrictions address units per building, building height, architectural
treatment and setbacks as well as provisions for sidewalks, buffers, recreational
facilities, focal point, street trees, landscaping and garage orientation. (Textual
Statement Item B.1.)
The requirements offered for condominium projects are consistent with those
typically required by the Commission and Board on similar projects recently
approved.
Cluster Homes:
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 architectural treatment, setbacks,
provision of sidewalks, buffers, provision of a focal point, landscaping, street
trees, paved driveways and garage orientation. (Textual Statement Item B.2.)
The requirements offered for cluster projects are consistent with those typically
required by the Commission and Board on similar projects recently approved.
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.)
Any dwelling units, other than condominiums and cluster homes, would be
required to have minimum gross floor areas of 1,700 square feet for one (1) story
and 2,000 square feet for more than one (1) story. (Textual Statement Item
B.3.a.)
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The Textual Statement would require the recordation of restrictive covenants for
any residential development, other than cluster and condominium uses. It should
be noted that the County will only insure the recordation of the covenants and will
not be responsible for their enforcement. Once the covenants are recorded, they
can be changed. (Textual Statement Item B.3.d.)
Recreation Areas and Open Space:
The applicant has agreed to provide a minimum of 1.5 acres of open space within, or
conveniently accessible to, each condominium development. Within each of the
condominium and cluster home developments, a minimum of .75 acres of open space will
be located and positioned to provide a "focal point" as one (1) enters these projects.
Benches and other amenities are to be provided in a portion of this area to facilitate
outdoor gatherings. (Textual Statement Item B.1.o. and B.2.j.)
The applicant may also provide active and passive recreation areas within the
development. The Textual Statement provides for setbacks, buffers and other restrictions
to minimize the impact of such recreational uses on surrounding residential uses.
(Textual Statement Item B.3.b.)
Within the cluster home developments, where lots areas are reduced below the minimum
12,000 square feet, the Ordinance will require that comparable amount of square footage
be placed in open space. The Ordinance defines open space as any area "not occupied by
a building, structure, drive or parking area". The Subdivision Ordinance will require
creation of a Homeowners' Association to maintain any common open space.
Within any condominium development, children's play facilities such as playground
equipment or other facilities primarily associated with children's play would be
prohibited. (Textual Statement Item B.l.p.)
Age Restriction:
Should any housing units be designed for occupancy by seniors, proffered conditions
require that such units be grouped together and identified on site and subdivision plans in
an effort to accurately track the impacts on capital facilities. (Proffered Condition 4)
Phasing:
In response to concerns of the Matoaca District Commissioner relative to the impact of
the development on area roads and schools, a proffered condition was submitted
restricting the issuance of any residential building permits to January I, 2007 or after.
(Proffered Condition 10)
14
OSSN0184-NOV22-BS
CONCLUSIONS
The proposed residential zoning and land use complies with the Upper Swift Creek Plan which
suggests that property which drains to the Swift Creek Reservoir is appropriate for residential
development of 2.0 units per acre or less and that property which does not drain to the Reservoir
is appropriate for residential development of 2.2 units per acre or less. Further, proffered
conditions address the impacts of this development on necessary capital facilities, as outlined in
the Zoning Ordinance and Comprehensive Plan.
Given these considerations, staff recommends approval of this request.
CASE HISTORY
Planning Commission Meeting (3/15/05):
At the request of the applicant, the Commission deferred this case to October 18,2005.
Staff (3/16/05):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 8, 2005, for consideration at the Commission's
October 18,2005, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (3/25/05):
The deferral fee was paid.
Applicant (8/9/05):
Proffered Condition 3 was amended.
Applicant (10/18/05):
Revised proffered conditions were submitted to address impacts on capital facilities and
age restricted occupancy.
15
05SN0184-NOV22-BS
Planning Commission Meeting (10/18/05):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Bass, seconded by Mr. Wilson, the Commission recommended
approval subject to the conditions and acceptance of the proffered conditions on pages 2
through 5.
AYES: Unanimous.
The Board of Supervisors, on Tuesday, November 22, 2005, beginning at 7:00 p.m., will take
under consideration this request.
16
05SN0184-NOV22-BS
TEXTUAL STATEMENT
November 8, 2004
Revised March 1, 2005
This is a request to rezone 19.1 acres of the Property under consideration to R-12 with a
Conditional Use Planned Development (CUPD) that will permit development of a mixed use,
planned community including single family residences, condominiums and cluster homes.
Except as qualified herein, uses permitted in the Residential (R- 12) District and active and
passive recreation uses shall be permitted throughout the property. In addition, within the Tracts
identified as Tax Map Nos. 707-661-9519-00000 and 707-661-9848-00000, the following uses,
as more fully defined below, and also shown on the plat attached to the application filed herein,
shall also be permitted:
Condominiums and Cluster Homes
A. General Requirements Applicable to All Uses
1. Mixing of Uses. Within the Property there shall be no "mixing" of uses (e.g., if the
Property is to be developed for condominiums, all of the Property shall be
developed as condominiums, or ifthe Property is developed for Residential (R-12)
uses, all of the Property shall be developed for Residential (R-12) uses). Provided,
however, the mixing of uses may be permitted if a conceptual plan is submitted
for review and approval and the conceptual plan addresses land use transitions and
compatibility between uses within the Property itself as well as with adjacent
Properties. Land use compatibility and transitions may include, but not
necessarily be limited to, the exact location of uses, buffers, and site design. Such
1
conceptual plan shall be approved by either the Planning Commission or the
Planning Department, at the election of the developer, and such review shall be
subject to appeal in accordance with sections 19-268(d) and 19-269(e) ofthe
County Code.
2. Common Areas. Common areas and ownership of property shall be regulated by
Section 19-559 of the County Zoning Ordinance.
B. Requirements for Specific Uses
1. Condominiums
a) Number of Units Per Building. No more than ten (10) dwelling units shall be
permitted in anyone building;
b) Virginia Condominium Act. Dwelling units shall be condominiums as defmed and
regulated by the Virginia Condominium Act;
c) Densitv. The overall density '.vithin each tract or part of a tract shall not exceed six
(6) dwelling units per gross acre;
d) Lot Coverage. All buildings, including accessory buildings, shall not cover more
than forty (40) percent of the Tract or area devoted to the condominium
development;
e) Building Height. The maximum height of all buildings and structures shall be
three (3) stories or forty (40) feet, whichever is less;
1) Architectural Appearance. The architectural appearance and materials of
buildings containing not more than four (4) units shall be similar to the elevations
attached as Exhibits B and C, and employ the following materials: brick veneer,
composition siding and 20 year asphalt shingles, or shall be of at least similar
quality, as determined by the Planning Director at time of site plan review. The
architectural appearance and materials of buildings containing more than four (4)
units shall be similar to the elevations attached hereto as Exhibits D, E, and F, or
shall be of similar quality as determined by the Planning Director at time of site
plan review;
2
g) Building Setbacks from Roads and Driveways. All structures shall be set back a
minimum often (10) feet from interior roads and driveways, provided that no setback
shall be required from driveways that serve garages or parking spaces of individual
dwelling units and do not provide general circulation within the condominium
development ("Individual Driveways"); All structures shall be set back at least fifteen
(15) feet from any parking space and a minimum of fifty (50) feet from the ultimate right
of way of Baldwin Creek Road or any collector road extemal to the condominium
development.
h) Building Setbacks from Perimeter of Tract. , All structures shall be setback a minimum
of fifty (50) feet from the perimeter oftke Tract or from the perÏiRøter ofthe area devoted
to condominium development. All perimeter yards shall be planted per the requirements
of Perimeter Landscaping C of the Zoning Ordinance.
i) Distance Between Buildings. The minimum distance between buildings shall be thirty
(30) feet;
j) Driveway and Parking Setbacks. Exeøpt as provided in pæ-agraph (s), All driveways and
parking areas shall be setback a minimum of fifteen (15) feet from the right-of. way of
any existing or proposed right-of-way except that the setback adjacent to Baldwin Creek
Road or any collector road external to the condominium development shall be fifty (50)
feet;
k) Sidewalks. Sidewalks shall be provided that facilitate pedestrian access within the
overall development, to the recreational areas serving the development, and to the overall
project. The exact location and design ofthe sidewalks shall be determined by the
County at the time of site plan review; provided, however, that, unless otherwise
approved by the Planning Director at time of site plan approval upon a determination that
an alternative system will accomplish the spirit and intent of this requirement, sidewalks
shall be installed on those portions of both sides of all roads that have condominiums
fronting the road, but not along Individual Driveways;
1) Curb and Gutter. Roads, driveways (with the exception of Individual Driveways), and
parking areas shall have concrete curbs and,· gutters unless it is determined at the time of
site plan review that the curbs and gutters are not necessary to effect proper drainage or to
control traffic;
m) Driveway Width. Driveways shall have a minimum pavement width of twenty four (24)
feet, provided that driveways that provide the primary access directly to a public road
shall have a minimum pavement width ofthirty (30) feet.,..aHEl Individual Driveways
serving not more than four (4) dwellings shall have a minimum pavement width of
seventeen (17) feet provided, however, the pavement width of any driveway designated
as a fire lane in connection with site plan review shall not be less than twenty (20) feet.
3
n) Not used at this time;
0) Recreation Areas. A minimum of 1.5 acres included within, or conveniently accessible to,
each condominium development shall be provided for suitable active and passive outdoor
recreational use by the occupants. A minimum of 0.75 acres of such recreation area shall
be located and positioned to provide a "focal point" as one enters each condominium
development. Part ofthis area shall be "hardscaped" and have benches and other
amenities that accommodate and facilitate outdoor gatherings. This area shall be
developed concurrently with the development of the first phase of each condominium
development, and its exact design and location approved at the time of site plan review.
p) Restriction on Children's Play Facilities. The common area recreational amenities shall
not include playground equipment, play fields or other facilities primarily associated with
children's play. Adult facilities including, but not limited to, swimming pools, putting
greens or shuffleboard may be permitted;
q) Street Trees. . Street trees shall he planted or retained along each side of roads and
driveways except for Individual Driveways. The exact spacing, species and size shall be
approved at the time of site plan review.
r) 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 ofthe Zoning Ordinance, Sections 19-516 through 19-518(f). 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 at the time of site plan
reVIew;
s) Buffers. A fifty (50) foot buffer shall be maintained adjacent to Baldwin Creek Road and
any other public road which is a major arterial, and a thirty-five (35) foot buffer shall be
maintained adjacent to any public road that is an internal collector road. Such buffers
shall comply with the requirements of Section 19-520 through 19-522 of the Zoning
Ordinance and may be inclusive of the Perimeter Landscape requirements identified in
Item B 1. h. At the time of site pIan review, the width of this buffer may be modified if it
is determined that adequate landscaping or other treatment to minimize the impact of
adjacent roads on residences can be accomplished in a lesser width. The exact treatment
of the buffer area shall be approved at the time of site plan review. This buffer area shall
be maintained as common open space.
t) Garages. All dwellings that provide a garage shall employ side or rear entry garage
designs except that front entry garages may be permitted if the Planning Director
4
determines at time of site plan review that, based on the design of individual units, ITont
entry garages would not have an adverse effect on the streetscape.
2. Cluster Homes
Single family detached cluster homes shall meet the following requirements:
a) Lot Size. The minimum lot size shall be as follows: a fifty (50) foot minimum lot width;
and a six thousand (6,000) square foot minimum lot area;
b) Density. The overall density within each tract or part of a tract containing cluster homes
shall not exceed six (6) units per gross acre;
c) Architectural Appearance. The architectural appearance and materials of cluster homes
shall be similar to the elevations attached as Exhibits G and H, which depict vinyl siding
and twenty year fiberglass shingles, or shall be of at least similar quality, as determined
by the Planning Commission at the time of tentative subdivision review;
d) Front. Corner. Side and Rear Y ard~. For principal structures, front, corner/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;
e) Side Yards. Principal structures shall be located no more than six (6) feet from one side
property line, no less than ten (l 0) feet ITom the opposite side property line, and among
every group of three (3) adjacent dwellings ITonting on the same street there shall be a
minimum of twenty (20) feet of space between at least two (2) of them; provided,
however, that, if the overall intent of providing visual separation and clustering is
achieved for the cluster home development, the Planning Commission, at time of
tentative subdivision review, may approve exceptions to these side yard requirements.
Accessory structures shall have no side yard setback;
f) Sidewalks. Sidewalks shall be provided that facilitate pedestrian access within the
Development, to the recreational areas serving the development, and to the overall
project. The exact location and design of the sidewalks shall be determined by the
County at the time of tentative subdivision review; provided, however, that, unless
otherwise approved by the Planning Commission at time of subdivision review upon a
determination that an alternative system will accomplish the spirit and intent of this
requirement, sidewalks shall be installed on those portions of both sides of all roads that
have cluster homes ITonting on the road;
g) Buffers. Buffers shall comply with Section 17-70 of the Subdivision Ordinance along
roads, and shall be located within recorded open space.;
5
h) Paved Driveways. All dwelling units shall have paved driveways. The exact treatment
shall be approved at the time oftentative subdivision pIan review;
i) 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(f). Landscaping
shall be designed to: minimize the predominance of building mass and paved areas;
define private spaces; and enhance the residential character of the development. The
exact number, spacing, arrangement and species shall be approved by the Planning
Department prior to issuance of any building permit;
j) Focal Point. A minimum of 0.75 acres of open space shall be located and positioned to
provide a "focal point" as one enters each cluster home development. Part ofthis area
shall be landscaped and have benches and other amenities that accommodate and
facilitate outdoor gatherings. This area shall be developed concurrently with the
development of the first phase of each cluster home development, and its exact design
and location shall be approved at the time oftentative subdivision review.
k) Garages. All dwellings that provide a garage shall employ side or rear entry garage
designs except that front entry garages may be permitted if the Planning Director
determines at time of site-tentative subdivision plan review that, based on the design of
individual units, front entry garages would not have an adverse effect on the streetscape.
1) Street Trees. . Street trees shall he planted or retained along each side of roads and
driveways except for Individual Driveways. The exact spacing, species and size shall be
approved at the time of tentative subdivision pIan review.
3. Residential (R-12)
All dwellings other than Condominiums and 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 or Condominiums and for those dwellings delineated in paragraph
(b) below, the minimum gross floor area for single family detached homes shall be
as follows:
1 story
More than 1 story
1,700 square feet;
2,000 square feet;t
6
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 ttom 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 (IGO) 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 or
proposed road. This buffer shall conform to the requirements of
Section 19-521 (a) through (h) and 19-522(a)(2) of the Zoning
Ordinance for fifty (50) foot buffers;
(iii) Any playground areas (i.e. areas accommodating swings, jungle
gyms or similar such facilities) and tennis courts shall be located a
minimum of forty (40) feet ttom all property lines. A forty (40)
foot buffer shall be provided along the perimeter of these
recreational facilities except where adjacent to any existing or
proposed roads. This buffer shall conform to the requirements of
Sections 19-521 (a) through (Ii) and 19-522(a)(2) of the Zoning
Ordinance for fifty (50) foot buffers.
(iv) Nothing within this condition shall prevent development of indoor
facilities and/or parking within the one hundred (100) foot setback;
(v) There shall be no outside public address system or speakers;
(vi) Exterior lighting for recreational uses shall comply with Section
19-573 of the Zoning Ordinance, and the maximum height for light
posts shall not exceed twenty (20) feet.
(vii) The location of all active recreational uses shall be identified in
conjunction with the submittal of the first tentative subdivision
7
plan;
(viii) In conjunction with the recordation of any lot adjacent to active
recreational area(s), such area(s) shall be identified on the record
plat along with the proposed recreational uses and required
conditions;
d) Covenants. For all properties containing single family detached dwellings (except Cluster
Homes and Condominiums), the following Declaration of Restrictions shall be recorded
in conjunction with the recordation of any subdivision plat:
THE OWNERS do hereby declare that said property is to 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 10t 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
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 and walks
Brick stoops or painted fir (no salt treated stoops except when approved by ARC)
8
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 1 x 6 rake and facia boards
No Tl-ll siding
Landscaping
$300 allowance for shrubs White painted mailbox and lamp post consistent
throughout subdivision
Builder to leave as many trees as possible over 6 inches at the base
Base
3 color exterior paint except for 2 colors if
painted white
Satellite Dishes and swimming pool design, location and screening t be approved
prior to installation.
The ARC reserves the right to modify the above restrictions or any other imposed
deed restrictions in all or in part without notice. In addition, the ARC reserves the
right to make special exceptions to these conditions on an individual basis;
however, any special exceptiones) 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.
ii) 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
9
improvement located thereon from its natural or improved state existing on the
date such Lot was first conveyed in fee by Douglas R. Sowers to an owner
(including clearance of trees and vegetation, driveways, entrance ways, fences,
mailboxes, and lamp post structures), shall be made or done until the plans,
specifications, working drawings, and proposals for the same showing the nature,
kind, shape, type, color, materials, and location of the improvements on the Lot
and a landscaping plan shall have been submitted to and approved in writing a'-
to harmony of external design and location in relations to surrounding structures,
topography. and applicable governmental requirements by the ARC.
iii) 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.
iv) 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 except for:
(1) One private dwelling house with each dwelling being designated
for occupancy by a single fmnily.
(2) Private garages for the sole use of the respective owners of the
Lots upon which such garages are erected.
b) A single building for the storage of non-commercial vehicles, boats,
equipment, and tools used in maintenance of the Lot upon which erected.
v) 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.
vi) 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.
vii) The construction of any structure on a Lot shall be completed within a period of
nine (9) months after the beginning of construction. During construction, the Lot
shall be maintained in a clean and uncluttered condition, free of unnecessary
accumulation of waste and building debris.
viii) It is the responsibility of each Owner to prevent the development of any unclean,
10
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 waste shall be kept in
sanitary containers which shall be surrounded by wooden screening with such
screening being approved by the ARC, or otherwise out of sight from the street.
ix) 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 owner's premises, nor constitute a nuisance in the
opinion of the ARC, its successors or assigns. No use shall be made of any Lot
which will depreciate or adversely affect the surrounding Lots or the property.
x) Each residence constructed on a Lot shall be connected to a public sewer.
xi) No Lot shall be further subdivided without prior written consent ofthe ARC.
However, the developer hereby expressly reserves for itself, its successors, and
assigns, the right to re-subdivide any Lot or Lots shown on any recorded plan of
subdivision of the property prior to the delivery of a deed to said Lot or Lots
without the prior written consent of any Lot Owner.
xii) 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 ofthe ARC. In the event a Lot Owner
violates this covenants the Lot Owner will be fined $25.00 per inch for every such
tree removed and it shall be assumed that each tree had a diameter of twelve (12)
inches.
xiii) No commercially licensed vehicles, motor vehicles, recreational vehicles, boats,
disabled vehicles, vehicles without a current state license or state inspection
sticker, machinery, or other equipment shall be visible from the street for a period
exceeding 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 of the property. It shall be the
responsibility of each Owner to construct and maintain suitable and adequate
parking space on his Lot and all vehicles shall be parked thereon.
11
xiv) The operation of unlicensed motor bikes, ATV's, and motorcycles on the lots and
entrance area shall be subject to regulation by the Owners and may be prohibited
entirely.
xv) No external illumination on any Lot shall be of such a character or intensity or so
located as to interfere with any other Owners use or enjoyment of his Lot. No
neon or flashing lights shall be permitted. All external lighting must be approved
as to size and intensity by the ARC.
xvi) Except during construction, no signs of any kind shall be displayed to the public
view on any lot except:
a) One sign not exceeding four (4) square feet in areas used for the purpose
of advertising the Lot for sale or rent: and
b) One sign not exceeding four (4) square feet in area which identifies the
resident occupying the Lot, the name of the Lot, or both.
xvii) No temporary, portable, or above-ground swimming pools may be erected on any
Lot that will be visible from the street.
xviii) Except as otherwise provided by applicable law, no outside antennas, television or
otherwise, shall be permitted; provided, however, that until cable television
becomes available to the property, exterior television antennas shall be permitted,
provided that they do not extend more than five (5) feet past the roofline of any
dwelling. No satellite dishes shall be visible from the street.
xix) No construction shall be permitted without appropriate erosion control so as to
prevent the discharge of any soil or other material onto any other Lot or Common
Area. The ARC may establish reasonable rules and regulations establishing a
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 he erected which may
partially or fully block vehicular sight distance, as set forth in the Virginia
Highway Department regulations, on any roadway.
12
xxii) No lot owner shall disturb or siltate shoulders, 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-pIus-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) Anyone or more of the aforesaid Covenants and Restrictions 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 or in equity that any such party may
have for past or future violation of any covenant herein contained
xxvi) 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 often (10) years unless an instrument signed by a majority of
the owners ofthe Lots has been recorded, revoking said covenants, or agreeing to
change said covenants in whole or in part.
~~.
13
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