06SN0166-MAR8
Februar)7 21,2006 CPC
~1areh 21, 2006 CPC
April 26, 2006 BS
STAFF'S
REQUEST ANAL YSIS
AND
RECOMMENDA TION
06SN0166
Robert Sowers
Matoaca Magisterial District
Grange Hall Elementary, Swift Creek Middle and Clover Hill High Schools Attendance Zones
South line of Duval Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use
Platl!1ed 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 2.0 dwelling units per acre, yielding
approximately 103 dwelling units. (Proffered Condition 7)
PL,ANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDI1'IONS ON
PAGES 2 THROUGH 5.
AYES: MESSRS. WILSON, BASS AND LITTON.
ABSTENTION: MR. GECKER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Upper Swift Creek Plan which
suggests the property is appropriate for residential use of 2.0 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 Thoroullhfare 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 insuring 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.)
PROFFERED CONDITIONS
The property owner and applicant in this rezoning 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 property under consideration will be
developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owner and applicant. In the event
this request is denied or approved with conditions not agreed to by the owners and applicant, the
proffers shall immediately be null and void and of no further force or effect.
(STAFF/cpe)
(STAFF/CPC)
(STAFF/epe)
1.
Master Plan. The Textual Statement dated February 2, 2006 shall
be the Master Plan. (P)
2.
Timbering. Except for the timbering approved by the Virginia
State Department of Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering on the Property until a
land disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been
installed. (EE)
3.
Stormwater. Sediment basins shall remain in place and/or new
BMPs constructed to achieve the .22 phosphorous standard until
the downstream regional BMP to which this site drains has been
constructed. These basins/BMPs shall be designed as permanent
facilities unless at the time of tentative subdivision approval a
downstream BMP to which the site drains and which achieves the
.22 phosphorous standards has been constructed, or has been
committed for construction, as determined by Environmental
Engineering. (EE)
2
06SN 0 166- ~A. PR26-13()S
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(STAFF/CPC)
(STAFF/epC)
4.
Utilities. The public water and wastewater systems shall be
utilized. (D)
5.
Cash Proffer. In addition to the Transportation Contribution
described in Proffered Condition 8, the applicant, subdivider, or
assignee(s) shall pay the following to the County of Chesterfield
prior to the issuance of each building permit for infrastructure
improvements within the service district for the property:
a. If payment is made prior to July 1, 2006, $6,685.00 per
dwelling unit. At time of payment $6,685.00 will be
allocated pro-rata among the facility costs as follows:
$602.00 for parks and recreation, $348.00 for library
facilities, $5,331.00 for schools, and $404.00 for fire
stations; or
b. If payment is made after June 30, 2006, the amount
approved by the Board of Supervisors not to exceed
$6,685.00 per dwelling unit pro-rated as set forth in
Proffered Condition 5.a. above adjusted upw"ard 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.
c. Provided, however, that if any building permits issued on
the property are for senior housing, as defined in tl1e proffer
on age-restriction, the applicant, sub-divider, or assignee(s)
shall pay, in addition to the Transportation Contribution
described in Proffered Condition 8, $1,354.00 per dwelling
unit if paid prior to July 1, 2006, or the amount approved
by the Board of Supervisors, not to exceed $1,354.00 per
dwelling unit as adjusted up\vard 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. At the time of payment,
the $1,354.00 will be allocated pro-rata among the facility
costs as follows: $602.00 for parks and recreation~ $348.00
for library facilities, and $404 for fire stations. Payments in
excess of$1,354.00 shall be prorated as set forth above.
d. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
e. Should Chesterfield County impose impact fees at any time
during the life of the development that are applicable to the
property, the amount paid in cash proffers shall be in lieu of
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06SN 0166- APR26- BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
or credited toward, but not in addition to, any impact fees,
in a manner as determined by the county. (B&M)
6.
Age Restriction. Any lots for age-restricted dwelling units shall be
grouped together on a particular portion of the Property and shall
not be scattered among other residential units. At the time of
recordation of a subdivision plat or the approval of any site plan,
the lots shall be noted as age-restricted. Any site plan for age-
restricted dwelling units shall also note the 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)
7.
Density. The total number of residential dwelling units on the
Property shall not exceed 2.0 residential units per acre. (P)
8.
Transportation Contribution. The Applicant shall pay to the
County prior to recordation of each subdivision section or prior to
site plan approval for any residential development, the amount of
$8,915.00 multiplied by the total number of lots on each of the
approved final check plats or by the total nUlnber of residential
units on each site plan. If these amounts are paid after June 30,
2006, the amount paid shall be adjusted upward by any Board of
Supervisors' approved increase in the Marshall and S\vift Building
Cost Index between July 1, 2005 and July 1 of the fiscal year in
which the payment is made. The payment shall be used for road
improvements in accordance with the Board's Cash Proffer Policy.
If, upon the mutual agreement of the Transportation Department
and the Applicant, the Applicant provides road improvements (the
"Improvements"), other than those road improvements identified in
Proffered Condition 1 0, then the Transportation Contribution in
this Proffered Condition shall be reduced by an amount not to
exceed the cost to construct the Improvements as determined by
the Transportation Department. Thereafter, the Applicant shall pay
the balance of the Transportation Contribution as set forth in this
Proffered Condition. For the purposes of this Proffered Condition,
the costs, as approved by the Transportation Department, shall
include, but not be limited to, the cost of right-of-way acquisition,
engineering costs, costs of relocating utilities and actual costs of
construction (including labor, materials, and overhead) ("Work").
Before any Work is performed, the Applicant shall receive prior
written approval by the Transportation Department for any credit.
(T)
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06SN0166-APR26-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
11.
9.
Right-of- Way Dedication. Prior to any site plan approval, il1
conjunction with recordation of the initial subdivision plat, or
within sixty (60) days from a written request by the Transportation
Department, whichever occurs first, forty-five (45) feet of right- of-
way along the southern side of Duval Road, measured frOlTI the
centerline of that part of Duval Road immediately adjacent to the
Property, shall be dedicated, free and unrestricted, to and for the
benefit of the County. (T)
10.
Road Improvements. To provide an adequate roadway system, the
developer shall be responsible for the following improvements
with initial development of the Property:
a. Construction of additional pavement along Duval Road at
each approved access to provide left and right turn lanes, if
warranted, based on Transportation Department standards.
b. Widening/improving the south side of Duval Road to an
eleven (11) foot wide travel lane, measured from the
centerline of the road, with an additional one (1) foot wide
paved shoulder plus a seven (7) foot wide unpaved
shoulder and overlaying the full width of the road with one
and one half (1.5) inches of compacted bituminous asphalt
concrete, with modifications approved by the
Transportation Department, for the entire Property
frontage.
c. Dedication to the County, free and unrestricted, of any
additional right-of-way (or easements) required for the
improvements identified above. In the event the developer
is unable to acquire the "off-site" right-of-way that is
necessary for the road improvements described in Proffered
Condition 10.a., the developer may request, in writing, that
the County 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 provide the road improvements
within available right-of-way as determined by the
Transportation Department. (T)
Access. Direct vehicular access from the Property to Duval Road
shall be limited to one (1) public road. The exact location of this
access shall be approved by the Transportation Department. (T)
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06SN0166-APR26-BOS
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GENERAL INPORMA TION
Location:
South line of Duval Road, west of Otter dale Road. Tax ID 703-675-1477 (Sheet 14).
Existing Zoning:
A
Size:
51.8 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North and E'ast- A and R-9 with Conditional Use Planned Development; Vacant
South - R-9 with Conditional Use Planned Development; Vacant
West - A; Single family residential
UTILITIES
Public Water System:
The public water system is not available to serve this site. The request site is within the
planned future Grange Hall Water Pressure Zone. Before public water will be available,
extensive off-site water system improvements will be necessary. These improvements
include extending a twenty-four (24) inch water line along Hull Street Road to Otterdale
Road; the construction of a water pumping station in the general vicinity of Hull Street
Road and Otterdale Road; the construction of a water line with a minimum diameter of
twenty (20) inches along Hull Street Road from Otterdale Road to Beaver Bridge Road;
and the construction of a three (3) million gallon (MG) water storage tank in the vicinity
of Hull Street Road and Beaver Bridge Road. Prom Hull Street Road, construction of an
adequately sized water line along the proposed road network of Magnolia Green,
including any necessary looping of water lines to address water quality issues, for a
distance of approximately 14,000 feet will be necessary to serve this site. The existing
twenty (20) inch water line that terminates adjacent to the intersection of Woolridge and
Fox Club Roads, approximately 13,200 feet east of this site, is within the Clover Hill
Water Pressure Zone and will not be available to serve any additional development in this
area. Any further development of Magnolia Green past the already approved sections, or
of property west of the optimum limits of the Clover Hill Water Pressure Zone, will
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06SN0166-APR26-BOS
require a firm commitment by the developers to creation of the Grange Hall Water
Pressure Zone by construction of the necessary infrastructure.
The Upper Swift Creek Plan recommends the use of public water. Use ofthe public water
system is intended. (Proffered Condition 4)
Public Wastewater System:
A thirty-six (36) inch wastewater trunk line extends along a portion of Deep Creek and
terminates adjacent to Fox March Drive, in Foxfire Subdivision, approximately 12,500
feet east of this site. Plans by TIMMONS, dated: September 14, 2001, for construction of
the off-site . wastewater trunk line to serve the Magnolia Green development, call for
extending a thirty-six (36) inch wastewater trunk line along Deep Creek and, as Magnolia
Green develops, a thirty (36) inch trunk line along Blackman Creek, which is adjacent to
the southern boundary of this site. Approval of these plans has expired and will require
re-submittal for review and approval.
The Upper Swift Creek Plan recommends the use of public wastewater. Use of the public
wastewater system is intended. (Proffered Condition 4)
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains to Blackman Creek and then via deep creek to Swift Creek
Reservoir. There are currently no on- or off-site drainage or erosion problems and none
are anticipated after development. The property is heavily wooded and as such should
not be timbered without obtaining a land disturbance permit from the Department of
Environmental Engineering. (Proffered Condition 2)
Water Qualitv:
There is a proposed regional BMP located downstream through which this development
would drain. The applicant has proffered to maintain temporary sediment basins or to
construct new BMP facilities until such time as the regional facility has been constructed
to serve the site. (Proffered Condition 3)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
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06SN0166-APR26-BOS
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Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) 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 103 dwelling units, this request will generate approximately
ten (10) calls for fire and emergency medical service each year. The applicant has
addressed the impact on fire and EMS. (Proffered Condition 5)
The Clover Hill Fire Station, Company Number 7, and Manchester Volunteer Rescue
Squad currently provide fire protection and emergency medical service. When the
property is developed, the number of hydrants, quantity of water needed for fire
protection and access requirements will be evaluated during the plans review process.
Schools:
Approximately fifty-four (54) students will be generated by this development. Currently,
this site lies in the Grange Hall Elementary School attendance zone: capacity - 828~
enrollment - 812; Swift Creek Middle School zone: capacity - 1 ,027, enrollment - 1 ,483:
and Clover Hill High School zone: capacity - 1,582, enrollment - 2,080. This case will be
in the new. Cosby High School zone for 2006-2007. The enrollment is based on
September 30, 2005 and the capacity is as of 2005-2006. There are currently fifteen (15)
trailers at Swift Creek Middle School and twenty (20) at Clover Hill High School.
A new middle school is in the current Capital Improvements Plan (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 High 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. The applicant has addressed
the impact of the development on school facilities. (Proffered Condition 5)
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 in this area of the County would most likely impact either the existing
Clover Hill Library or two new branches that are recommended for this area of the
County. One new branch is to be located in the vicinity of the western part of Beach
Road and one in the vicinity of Genito Road. The applicant has addressed the impact of
the development on library facilities. (Proffered Condition 5)
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06SN 0166- APR26- BOS
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 Public Facilities 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 identifies shortfalls in trails
and recreational historic sites. The applicant has addressed the impact of the development
on park facilities. (Proffered Condition 5)
Transportation:
The property (51.8 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-12) with Conditional Use Planned Development to
permit various types of residential uses. The applicant has proffered a maximum density
of 2.0 units per acre (Proffered Condition 7). Based on single-family trip rates,
development could generate approximately 1,070 average daily trips. These vehicles will
be initially distributed to Duval Road, which had a 2003 traffic count of 240 vehicles per
day (VPD).
The Thoroughfare Plan identifies Duval Road as a major arterial with a recommended
right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five
(45) feet of right of way, measured from the centerline of Duval Road, in accordance
with that Plan. (Proffered Condition 9)
Access to major arterials, such as Duval Road, should be controlled. The property has
approximately 1,040 feet of frontage along Duval Road. A large mixed-use project,
Magnolia Green, is located north across Duval Road, south and east of the property. The
part of Magnolia Green north of Duval Road, as shown on its overall conceptual
subdivision plan, identifies a north/south collector intersecting Duval Road just west of
the subject property. This north/south collector is also included in the recommended
changes to the Thoroughfare Plan as noted in the proposed Upper Swift Creek Plan
amendment: In order to adequately serve area development and to minimize the number
of accesses to Duval Road, a residential collector street (i.e., no-lot frontage street)
should be provided from Duval Road, extending through the subject property, through the
adjacent property to the west, and intersecting Duval Road at the north/south collector.
Consistent with that access plan, the applicant has proffered that direct access from the
property to Duval Road will be limited to one (1) public road. (Proffered Condition 11)
The traffic impact of this development must be addressed. The applicant has proffered to:
1) construct addition pavement along Duval Road at the public road intersection to
provide left and right turn lanes, based on Transportation Department standards; and 2)
widen/improve the south side of Duval Road to an eleven (11) foot wide travel lane with
an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved
shoulder, and overlay with asphalt the full width of the road for the entire property
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06SN0166-APR26-BOS
frontage (Proffered Condition 10). Based on Transportation Department standards, both
left and right turn lanes are anticipated to be warranted along Duval Road.
The developer may need to acquire "off-site" right-of-way along the south side of Duval
Road east of the property for the turn lane improvements. However, according to
Proffered Condition 10, if the developer needs off-site right-of-way and is unable to
acquire it, 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. (Proffered
Condition 10)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Duval Road will be directly impacted by development of
this property. Sections of Duval Road have approximately eighteen (18) to nineteen (19)
foot wide pavement with no shoulders. The capacity of that section of Duval Road is
acceptable (Level of Service A) for the volume of traffic it carries (240 VPD).
The applicant has proffered to provide transportation contributions, in an amount
consistent with the Board of Supervisors' Cash Proffer Policy, towards mitigating the
traffic impact of this development (Proffered Condition 8). Proffered Condition 8
requires the applicant to pay prior to recordation of each subdivision section or prior to
any site plan for residential development, $8,915 multiplied by the total number of lots
on each approved final check plat or site plan. Proffered Condition 8 would also allow,
upon mutual agreement of the Transportation Department and the applicant, the applicant
to provide road improvements equal to the cost of such payment(s). This option will be
considered at time of tentative subdivision plat review.
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 Six - Year Improvement Plan, or are expected to be in the
Plan in the near future because of other priorities.
At time of tentative subdivision review, specific recommendations will be provided
regarding access, the internal street network and providing stub road rights-of-way to
adjacent properties.
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06SN0166- APR26- BOS
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Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 103* 1.00
Population Increase 280.16 2.72
Number of New Students
Elementary 24.00 0.23
Middle 13.39 0.13
High 17.41 0.17
TOTAL 54.80 0.53
Net Cost for Schools 550,844 5,348
Net Cost for Parks 62,212 604
Net Cost for Libraries 35,947 349
Net Cost for Fire Stations 41,715 405
A verage Net Cost for Roads 921,026 8,942
TOT AL NET COST 1 ,611 ,744 15~648
*Based on a proffered maximum yield of two (2) dwelling units per acre (Proffered Condition 7).
The actual number of lots 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 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.
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. in addition to addressing the impact ton schools, parks, libraries and fire
stations, the applicant has proffered lump sum cash contribution payments for road
improvements that are equivalent to the proposed development's impact on roads. The proffered
conditions adequately address the impact of this proposed development on capital facilities.
(Proffered Conditions 5 and 8)
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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06SNOI66-APR26-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate 'for residential use of 2.0 units per acre or less. 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:
Surrounding properties to the north and south are zoned for residential uses as part of the
Magnolia Green development. Other area properties to the west and northeast are zoned
Agricultural <A) and are occupied by single family dwelling or are currently vacant. It is
anticipated that residential development will continue in this area at densities suggested
by the Plan.
Site Design:
The 51.8 acre tract proposed for R-12 zoning may be developed for condominiums,
cluster homes and/or single family residential uses, all of which are discussed in further
detail herein. If the property is developed for two (2) or more dwelling types, the Textual
Statement requires the submission of a conceptual plan to either the Planning
Commission or Planning Department for approval. At the time of review of a conceptual
plan, conditions may be imposed to insure land use compatibility and transition. (Textual
Statement 1)
Density:
A maximum of 2.0 dwelling units per acre has been proffered, yielding an overall
maximum of 103 dwelling units. (Proffered Condition 7)
Dwelling Tvpes:
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 2)
Condomini ums:
For any condominium development, density would be limited to six (6) units per
acre (Textual Statement 4). Other standards address units per building, building
height, architectural treatment, lot coverage and. setbacks, as well as provisions for
sidewalks, buffers, recreational facilities, focal point, street trees and garage
treatment. (Textual Statement 3 and 5 through 19)
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06SN0166-APR26-BOS
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 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 standards include architectural treatment, setbacks, provision of
sidewalks, buffers, focal point, street trees, paved driveways and garage
treatment. (Textual Statement 20 through 29)
The requirements offered for cluster projects are consistent with those typically
required by the Commission and Board on similar projects recently approved.
Single Familv 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. Conditions address minimum dwelling sizes.
(Textual Statement 30)
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 32)
Recreation Areas and Open Space:
The applicant has agreed to provide a minimum of 1.5 acres of recreation area 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
would be located as a focal point. The applicant may also provide active and passive
recreation areas within any portion of the development. The Textual Statement provides
for restrictions to minimize the impact of these recreational uses on surrounding
residential uses . (Textual Statement 31)
Within the cluster home developments, where lot areas are reduced below the minimum
12,000 square feet, the Ordinance will require that comparable amount of square footage
be placed in open space.
Within any condominium development, children's play facilities would be prohibited.
(Textual Statement 16)
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06SN0166-APR26-BOS
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 6)
CONCLUSIONS
The proposed residential zoning and land uses comply with the Upper Swift Creek Plan which
suggests that the property is appropriate for residential development of 2.0 units per acre or less.
The proffered conditions adequately address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the
need 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 insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/21/06):
On their own motion, the Commission deferred this case to March 21,2006.
Staff (2/22/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 27, 2006, for consideration at the
Commission's March 21, 2006, public hearing.
Applicant (3/8/06):
A proffered condition was amended.
14
06SN0166-i\PR26-13()S
Planning Commission Meeting (3/21/06):
The applicant accepted the recommendation. There was opposition present. Concerns
were expressed relative to water quality; impacts on police, fire, schools and roads; and
the absence .ofplanning in accordance with smart growth philosophy.
Discussions ensued relative to the impact of the recent decisions regarding the County's
Regional BMP Plan. It was generally agreed that Proffered Condition 3 satisfies water
quality concerns even if the Regional BMP Plan is not implemented.
Mr. Gecker suggested that Proffered Condition 3 regarding on-site \vater quality
measures should be amended to require any such facilities be designed as permanent
facilities given the unknowns relative to the Regional Plan. The applicant agreed to such
an amendment.
Suggestions were made that perhaps a deferral would be in order to further discuss the
implications regarding the decisions on the County's Regional BMP Plan and the current
Ordinances regarding that Plan.
Mr. Gecker suggested that approval could accelerate the development of Magnolia
Green. He also questioned the policy regarding the credits toward capital facilities
(schools) applied to age-restricted housing noting that the policy relative to the number of
school children per dwelling unit is based upon county-wide averages.
Mr. Bass stated that the application addresses impacts on water quality and provides for
contributions toward road improvements at the first phase of development.
Mr. Gecker indicated the proposal is premature and that funds for road improvements are
not in the foreseeable future.
On motion of Mr. Bass, seconded by Mr. Litton, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 through 5.
AYES: Messrs. Wilson, Bass and Litton.
ABSTENTION: Mr. Gecker.
ABSENT: Mr. Gulley.
Applicant (3/23/06):
As discussed at the Commission's meeting, revised Proffered Condition 3 was submitted.
The Board of Supervisors, on Wednesday, April 26, 2006, beginning at 7:00 p.m., will take
under consideration this request.
15
06SN0166-APR26-BOS
TEXTUAL STATEMENT
February 2, 2006
This is a request to rezone 54.7S acres of the Property (Tax ID 703-675-1477) under
consideration to R-12 with a Conditional Use Planned Development (CUPD) that will permit
development of a mixed use, planned community including single family residences,
. condominiums and cluster homes. Except as qualified herein, uses permitted in the Residential
(R- 12) District and active and passive recreation uses shall be permitted throughout the
property. In addition, the following uses as more fully defined below shall also be pemtitted.
APPLICABLE TO ALL
1. Mixini 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 if the Property is developed for Residential (R-12) uses, all of the
Property shall be developed for Residential (R-12) uses). Provided, however, the mixing
of uses may be permitted if a conceptual plan is submitted for review and approval and
the conceptual plan addresses land use transitions and compatibility between uses within
the Property itself as well as with adjacent Properties. Consideration of land use
compatibility and transitions may include, but not necessarily be limited to, the exact
location of uses, buffers, and site design. Such conceptual plan shall be approved by
either the Planning Commission or the Planning Department, at the election of the
developer, and such review shall be subject to appeal in accordance with provisions of
the Zoning Ordinance for site plan appeal.
2. Common Areas. Common areas and ownership of property shal1 be regulated by Section
19-559 of the County Zoning Ordinance.
APPLICABLE TO CONDOMINIUMS AND CLUSTER HOMES
Condominiums shall meet the following requirements:
3. Number of Units Per Building. No more than ten (10) dwelling units shal1 be permitted
in anyone building.
4. DensifJ'. The overall density shall not exceed six (6) dwelling units per gross acre.
S.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.
6. Building Height The maximum height of all buildings and structures shall be three (3)
stories or forty (40) feet, whichever is less.
Page lof!l
7. Architectural AQpearance. The architectural appearance and materials of buildings
containing not more than four (4) units shall be similar to the elevations attached as
Exhibits A and B, 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 C, D, and E, or shall be of similar quality as determined. by the
Planning Director at time of site plan review.
8. Buildinsz Setbacks from Roads and Drivewavs. 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''). AIl structures shall be set back at least fifteen
(15) feet from anyparlring space and a minimum of fifty (50) feet from the ultimate right
of way of Duval Road or any collector road external to the condominium development.
9. Building Setbacks from Perimeter of Tract. All structures shall be setback a minimum of
fifty (50) feet from the perimeter of the area devoted. to condominium development. All .
perimeter yards shall be planted per the requirements of Perimeter Landscaping C of the
Zoning Ordinance.
10. Distance Between Buildings. The minimum distance between buildings shall be thirty
(30) feet.
11. Drivewav and Parkiml Setbacks. 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 Duval Road or any collector road external to the
condominium development shall be fifty (50) feet.
12. Sidewalb. 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 of the 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.
13. 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.
Page 2 of 11
14. 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 oftbirty (30) feet. 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.
15. Recreation Area. A minimum of one and one-half (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
open space/recreation area shall be located and positioned to provide a "focal point" as
one enters each condominium development. Part of this area' shall be '11antscaped" and
have benches and other amenities that accommodate and facilitate outdoor gatherings.
This area shall be developed concurrently with the development oftbe first phase of each
condominium development, and its exact design and location approved at the time of site
plan review.
16. 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 shuffieboard may be permitted.
17. 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 pIan review.
18. Buffer. A fifty (50) foot buffer shall be maintained adjacent to Duvall 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
Proffer 10. At the time of site plan review, the width of this buffer may be modified if it
is determined that adequate landscaping or other treatment to minimize the impact of
adjacent roads on residences can be accomplished in a lesser width. The exact treatment
of the buffer area shall be approved at the time of site plan review. This buffer area shall
be maintained as common open space.
19. Gara.2es. Any front-loaded garages shall be located no closer to the street than the front
f~ade of the dwelling unit.
Cluster Homes - Single family detached cluster homes shall meet the following requirements:
20. 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.
Page 3 of II
21. Density. The overall density within each tract or part of a tract containing cluster homes
shall not exceed six (6) units per gross acre.
22. Architectural Appearance. The architectural appearance and materials of cluster homes
shall be similar to the elevations attached as Exhibits F and G, 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.
23. Front. Comer.. Side and Rear Yard. ForprincipaI structures, front, comer/side and rear
yards shall have a minimum. depth of twenty-five (25) feet. Accessory structures shall
have a twenty-five (25) foot front yard setback but no rear yard setback.
24. . 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 fronting on the road.
25. . Buffers. Buffers required by the Subdivision Ordinance along roads shall be located
within recorded open space.
26. Paved Driveways. All dwelling units shall have paved driveways. The exact treatment
shall be approved at the time of tentative subdivision pIan review.
27. Focal Point. A minimum of 0.75 acres of open space shall be located and positioned to
. provide a "focal poinf' as one enters each cluster home development Part of this area
shall be 'cmtrdscaped" 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 shaII be approved at the time of tentative subdivision review.
28. Garages. Any front-loaded garages shall be located no closer to the street than the front
f~e of the dwelling unit.
29. 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.
APPLICABLE TO 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: .
Page 4 of II
30. Minimum Souare Foota2e for Sin21e Familv Dwellings. With the exception of Cluster
Homes or Condominiums and for those dwellings delineated in Proffer 35 below, the
minimum gross floor area for single family detached homes shal1 be as follows:
1 story
More than 1 story
1,700 square feet;
2,000 square feet;
31. 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:
a. 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 ftom adjacent properties zoned or designated on the County's Comprehensive
Plan for residential use, a minimum of one hundred (100) feet from any existing
or proposed single family residential lot line, and a minimum of fifty (50) feet
from any existing or proposed road.
b. Within the one hundred (100) and fifty (50) foot setbacks, a fifty (50) foot buffer
shall be provided along the perimeter of all active recreational facilities except
where adjacent to any existing or proposed road. This buffer shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot buffers.
c. Any playground areas (i.e. areas accommodating swings,jungle gyms or simi19t
such facilities) and tennis courts shal1 be located a minimum. offorty (40) feet
from all property lines. A forty (40) foot buffer shall be provided along the
perimeter of these recreational facilities except where adjacent to any existing or
proposed roads. This buffer shall conform to the requirements of the Zoning
Ordinance for fifty (SO) foot buffers.
d. Nothing within this condition shall prevent development of indoor facilities
and/or parking within the one hundred (100) foot setback.
e. There shall be no outside public address system or speakers.
f. Therilaximum. height for light posts shall not exceed twenty (20) feet.
g. The location of all active recreational uses shall be identified in conjunction with
the submittal of the first tentative subdivision pian.
h. 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.
Page 5 of 11
32. 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 s~bdivision plat:
THE OWNERS do hereby declare that said property is to be held, owned, conveyed, used
and occupied subject to the following restrictive covenants:
a. An Architectural Review Committee, hereinafter called "ARC" shall be comprised
of Robert C. 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 regu1ations 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 saIt treated stoops except when approved by ARC)
Minimum 40 sq. ft.
Concrete sidewalks
Painted lattice under front porches - painted risers on steps, painted pickets and
painted band on front porches
Page 6 of 11
Siding
Panel shutters on front windows
Minimum 1 x 6 rake and facia boards
No Tl-ll siding
Landscaping
$300 allowanCe for shmbs
White painted mailbox and lamp post consistent throughout subdivision
Builder to leave as many trees as possible over 6 inches at the base
Base
3 color exterior paint except for 2 colors if
painted white
Satellite Dishes and swimming pool design, location and screening to be approved
prior to installation..
The ARC reserves the right to modify the above restrictions or any other imposed
deed restrictions in all or in part without notice.. In addition, the ARC reserves the
right to make special exceptions to these conditions on an individual basis;
however, any special exceptiones) shall Dot be deemed as waiver of the
restriction(s) as they may apply in the future..
The ARC reserves the right to disallow construction of architecturaIly 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.
b. No repairs, changes in color, excavations, changes in grade, major landscaping, or
other work which in any way alters the exterior appearance of any Lot or
improvement located thereon from its natural or improved state existing on the
date such Lot was first conveyed in fee by Robert C. Sowers to an owner
(including clearance of trees and vegetation, driveways, entrance ways, fences,
mailboxes, and lamp post structures), shall be made or d9ne until the plans,
specifications, working drawings, and proposals for the same showing the nature,
Page 7 of 11
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
promote harmony of external design and location in relation to surrounding
structures, topography, and applicable governmental requirements by the ARC.
c. 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.
d. .Lots shall be occupied and used as follows:
I. Lots shall be used for private residential purposes only and no building of
any kind whatsoever shall be erected or maintained thereon except for:
'1. One private dwelling house with each dwelling being designated for
occupancy by a single family.
2. Private garag~ for the sole use of the respective owners of the Lots
upon which such garages are erected.
n. A single building for the storage of non-commercial vehicles, boats,
equipment, and tools used in maintenance of the Lot upon which erected.
e. 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.
f. 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.
g. 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.
h. It is the responsibility of each Owner to prevent the development of any unclean,
unsightly, or unkempt condition of buildings or grounds on his Lot. All
. improvements on each Lot shall be kept in good repair, and, where necessary,
painted on a regular basis. No portion of the property shall be used or maintained
as a dumping ground for rubbish. Outdoor burning of leaves, trash or other debris
shall not be permitted. All ~ 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.
......
Page 8 of 1_1
i. 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 nonnal 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 SUITOunding Lots or the property.
j. Each residence constructed on a Lot shall be connected to a public sewer.
k. 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 l.ot 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.
1. Except for emergencies, which emergencies must be proven to the satisfaction of
the ARC, no trees with a diameter of six (6) inches or more, measured two (2) feet
from the ground, no flowering trees, shrubs, or evergreens may be cleared from
any Lot without prior written permission of the ARC. In the event a Lot Owner
violates this 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..
m. 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 COIistruct and maintain suitable and adequate
parking space on his Lot and all vehicles shall be parked thereon.
n. The operation of unlicensed motor bikes, A TV' ~ and motorcycles on the lots and
entrance area shall be subject to regulation by the Owners and may be prohibited
entirely.
o. 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 extemallighting must be approved
as to size and intensity by the ARC.
Page 9 of 11
Il1o ,.',.... - "... ..., .. ~.. _ ,. . ~ ..... ".". r . .
p. Except during construction, no signs of any kind shall be displayed to the public
view on any lot except:
i. One sign not exceeding four (4) square feet in areas used for the purpose
of advertising the Lot for sale or rent: and
n. One sign not exceeding four (4) square feet in area which identifies the
resident occupying the Lot, the name of the Lot, or both.
q. No temporary, portable, or above-ground swimming pools may be erected on any
Lot that will be visible from the street
r.
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 roof line of any
dwelling. No satellite dishes shall be visible from the street.
s. 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.
t. 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 fiu1her forward than the rear of the house except with the
approval of the ARC.
u. 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.
v. 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, andlor 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 andlor 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.
Page 10 of II
w. 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 instnunent of the ARC.
x.
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.
y.
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 s~e
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.
z. These covenants and conditions are to nm with the tand 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 of the Lots has been recorded, revoking said covenants, or agreeing to
change said covenants in whole or in part.
CORPORATE LAND ASSOCIATES,
a Virginia partnership
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