06SN0234
.L^JLpriI18, 2006 CPC
~1ay 16, 2006 CPC
June 20, 2006 CPC
July 26, 2006 BS
.L\ugust 23, 2006 BS
October 25, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SN0234
(AMENDED)
Robert Sowers
Matoaca Magisterial District
Alberta Smith Elementary, Bailey Bridge Middle and Manchester High Schools Attendance
Zones
North and south lines of Quailwood Road
REQUESTS: I.
Rezoning from Agricultural (A) to Residential (R-12) with Conditional
Use Planned Development to permit exceptions to Ordinance
requirements.
II.
Waiver to street connectivity requirements to Quailwood Road.
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 2.2 dwelling units per acre, yielding
approximately 484 dwelling units. (Proffered Condition 6)
PLANNING COMMISSION RECOMMENDATION
REQUEST I: RECOMMEND APPROVAL OF REZONING WITH CONDITIONAL USE
PLANNED DEVELOPMENT AND ACCEPTANCE OF THE PROFFERED
CONDITIONS ON PAGES 2 THROUGH 6.
AYES: MESSRS. WILSON, BASS, GULLEY AND LITTON.
NAY: MR. GECKER.
REQUEST II: RECOMMEND APPROVAL AND WAIVER TO STREET CONNECTIVITY
TO QUAIL WOOD ROAD.
Providing a FIRST CHOICE community through excellence in public service
AYES: UNANIMOUS.
STAFF RECOMMENDATION
Request I:
Recommend denial of the rezoning for the following reason:
While the proposed zoning and land uses conform to the Upper Swift Creek Plan which
suggests the property is appropriate for single family residential use of 2.2 units per acre
or less, the application fails to address the impact of this development upon transportation
facilities as discussed herein.
Request II: Recommend denial of the waiver to street connectivity requirement to Quailwood
Road for the following reason:
The evaluation of the Policy criteria for granting such relief necessitates design details
that can best be provided through the subdivision review process.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/epe" 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 owners 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 owners 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.
(CPC)
1.
Master Plan. The Textual Statement dated February 9, 2006 shall be the
Master Plan. (P)
(CPC)
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)
(CPC)
3.
Utilities. The public water and wastewater systems shall be utilized. (D)
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06SN0234-0CT25-BOS
(CPC)
(epe)
4.
Cash Proffer. In addition to the Transportation Contribution described in
Proffered Condition 11, the applicant, subdivider, or assignee(s) (the
"Applicant") 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, the $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 4.a. above 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.
c. 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 shall pay, In addition to the
Transportation Contribution described in Proffered Condition 11,
$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 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. 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.
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 or credited toward, but not in addition to,
any impact fees, in a manner as determined by Chesterfield County.
(B&M)
5.
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-
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06SN0234-0CT25-BOS
(CPC)
(CPC)
(CPC)
( CPC)
(cpe)
(epe)
6.
7.
8.
9.
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. 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. (B&M)
Densitv. The total number of residential dwelling units on the Property
shall not exceed 2.2 residential units per acre. (P)
Elevations Incident to Dam Inundation Area. The lowest ground elevation
at the foundation of homes shall be at or above the dam failure limits.
(EE)
No Sole Access. At the time of complete development, no lots shall have
sole access through Spring Trace or Cameron Bay Subdivisions. (P)
Right of Way Dedication. In conjunction with recordation of the initial
subdivision plat, a seventy (70) foot wide right-of-way for a north/south
collector (the "Collector") from Holly View Parkway to the northern
property line shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. The exact location of this right-of-way
shall be approved by the Transportation Department. (T)
10.
Access Plan. Prior to any tentative subdivision approval, an access plan
for the Collector shall be submitted to and approved by the Transportation
Department. Vehicular access from the property to the Collector shall
conform to the approved access plan. (T)
11.
Transportation Contribution. The Applicant shall pay to Chesterfield
County prior to the issuance of each building permit the amount of
$8,915.00. 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 Swift Building Cost Index between July 1, 2005 and
July 1 of the fiscal year in which the payment is made.
a. The Transportation Contribution shall be used to construct the road
improvements described in Proffered Condition 12.c. (the
"Bridge"), and the road improvements described in Proffered
Condition 12.a. (the "Bailey Bridge Turn Lanes"), or if not
constructed, as may otherwise be permitted by law. For purposes
of this proffer, the costs to construct the Bridge and the Bailey
Bridge Turn Lanes 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,
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06SN0234-0CT25-BOS
(epe)
and overhead) ("Work") all of which shall be approved in writing
by the Transportation Department before any Work is performed.
b. During construction of the Bridge and the Bailey Bridge Turn
Lanes by the Applicant and upon receiving written request(s) for
payment from the Applicant with supporting documentation of the
Work completed by the Applicant, as determined by the
Transportation Department, Chesterfield County shall periodically
make payments to the Applicant for costs of the Wark so long as
the total payments are not greater in value than that which has been
collected in Transportation Contributions or the cost of the Work
completed, whichever is less. Such payments shall be made within
thirty (30) days of receipt of a request with the required
documentation and will be made no more frequently than once per
month. (T)
12.
Transportation Improvements. To provide an adequate roadway system,
the developer shall be responsible for the following:
a. Construction of additional pavement along Bailey Bridge Road at
Holly View Parkway to provide left and right turn lanes.
b. Construction of a two-lane road for the Collector, to VDOT Urban
Collector (40 MPH) standards with modifications approved by the
Transportation Department, from the current terminus of Holly
View Parkway, north through the property to the Resource
Protection Area ("RP A") of Swift Creek.
c. Construction of a two-lane road for the Collector, to VDOT Urban
Collector (40 MPH) standards with modifications approved by the
Transportation Department, from the RP A of Swift Creek on the
property to Brad McNeer Parkway, including: i.) additional
pavement along the Collector to provide a three-lane typical
section (i.e., one (1) southbound lane and two (2) northbound
lanes) at its intersection with Brad McNeer Parkway. The exact
length of this improvement shall be approved by the
Transportation Department; ii) additional pavement along Brad
McNeer Parkway at the Collector intersection to provide left and
right turn lanes; and iii) traffic signalization of the Brad McNeer
Parkway/Collector intersection, if warranted as determined by the
Transportation Department.
d. Construction of right and left turn lanes along the Collector at each
approved access, if warranted based on Transportation Department
standards.
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06SN0234-0CT25-BOS
e. Dedication to Chesterfield 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 Conditions 12.a. and
C., the developer may request, in writing, that the Chesterfield
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 but reimbursed as set forth in Proffered
Condition 11. In the event Chesterfield 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)
(epe)
13.
Phasing Plan. Prior to any construction plan approval, a phasing plan for
the required road improvements as identified in Proffered Condition 12,
shall be submitted to and approved by the Transportation Department.
The approved phasing plan shall require that prior to recordation of more
than a cumulative total of two hundred (200) lots the road improvements
described in Proffered Conditions 12.a., b., and c. shall be completed, as
determined by the Transportation Department. (T)
GENERAL INFORMATION
Location:
North and south lines of Quailwood Road, west of Bailey Bridge Road and also the north
line of Holly View Parkway. Tax IDs 732-672-9726 and 733-673-8753.
Existing Zoning:
A
Size:
220.2 acres
Existing Land Use:
Single family residential or vacant
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06SN 0234-0CT25- BOS
Adiacent Zoning and Land Use:
North - R-7, 0-2 and A; Single family residential, multifamily residential or vacant
South - A; Single family residential or vacant
East - A and R-9; Single family residential or vacant
West - R-9 and R-12; Single family residential
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along a portion of Brad McNeer
Parkway, adjacent to the "Terraces at Swift Creek", that terminates approximately 850 feet
north of the request site. In addition, a small section of eight (8) inch water line stubs out
along Quailwood Road at Village School Lane, adjacent to the eastern edge of this site.
There is an existing eight (8) inch water line extending along a portion of Holly View
Parkway, which terminates approximately 850 feet southwest of this site and an eight (8)
inch water line along Holly Bark Drive, which terminates adjacent to the western boundary
of this site. Some water system improvements may be necessary with the development of
this site. Depending on the fire flow requirements of this development and to improve water
quality by eliminating existing dead end lines, connection will be required to the existing
water lines mentioned above, as well as possibly extending an appropriately sized water line
along Quailwood Road to connect to the existing sixteen (16) inch water line along Bailey
Bridge Road. Further evaluation of the existing water system in this area will be necessary.
Use of the public water system is recommended by the Upper Swift Creek Plan. Use of the
public water system is intended. (Proffered Condition 3)
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply
points shall be provided for subdivisions containing more than twenty-five (25) lots. Dam
failure analysis of Swift Creek downstream of the existing Swift Creek Reservoir Dam
indicates that the maximum flood elevation for a dam failure is 188 feet for the most
upstream portion of the request site, and 186 feet for the furthest downstream portion of this
site.
Public Wastewater System:
This site is within the Swift Creek drainage basin. A thirty (30) inch wastewater trunk line
extends along Swift Creek, adjacent to this site. In addition, an eight (8) inch wastewater
collector line extends across the western most portion of the request site to serve Spring
Trace Subdivision and Deer Run. Use of the public wastewater system is reconunended by
the Upper Swift Creek Plan. Use of the public wastewater system is intended. (Proffered
Condition 3)
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06SN0234-0CT25-BOS
ENVIRONMENT AL
Drainage and Erosion:
Approximately sixty (60) percent of the subject property drains to the north and
northwest directly into Swift Creek below Swift Creek Reservoir Dam. The remaining
portion of the property drains west to Deer Run and then via Deer Run a short distance to
Swift Creek. There are currently no known on-site drainage or erosion problems and
none are anticipated after development.
The property is currently wooded and, as such, should not be timbered without obtaining
a land disturbance permit from the Department of Environmental Engineering (Proffered
Condition 2). This will ensure that adequate erosion controls are in place prior to
timbering.
Swift Creek Reservoir Dam falls under the State Dam Safety Program and, as such, a
dam break analysis was required and the elevations are available through the Utilities
Department. So as not to jeopardize the class of the dam or increase notifications of a
pending problem, all single family dwellings constructed downstream of the dam must be
one foot above the dam break elevation at the lowest outside ground level of the proposed
house. (Proffered Condition 7)
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.
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 new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 484 dwelling units, this request will generate approximately
112 calls for fire and emergency medical service each year. The applicant has addressed
the impact on fire and EMS. (Proffered Condition 4)
Clover Hill Fire Station, 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 requested not to make a street connection to Quailwood Road. In
addition to this connection possibly being required to satisfy ordinance requirements for
the number of access points into this proposed development, in an emergency situation,
this connection would benefit both the applicant's project and the surrounding
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06SN0234-0CT25-BOS
developments. The Fire Department continues to support connectivity between
subdivisions so that multiple access points are available to assist in an emergency
response.
Schools:
Approximately 257 students will be generated by this development. Currently this site
lies in the Alberta Smith Elementary School attendance zone: capacity - 674, enrollment
- 773; Bailey Bridge Middle School zone: capacity - 1,562, enrollment - 1,559; and
Manchester High School zone: capacity - 1,941, enrollment - 2,467. The enrollment is
based on September 30, 2005 and the capacity is as of 2005-2006. This request will
have an impact on the elementary and secondary schools. There are currently eight (8)
trailers at Alberta Smith Elementary and seventeen (17) trailers at Manchester High.
A new elementary school is in the Capital Improvement Program and is proposed to open
in the fall of 2007 that will provide relief for schools in this area of the county. 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. The applicant has addressed
the impact of the development on school facilities. (Proffered Condition 4)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on projected population growth, Public Facilities
Plan identifies a need for additional library space throughout the County.
Development could affect either the existing Clover Hill Library or a proposed new
facility in the vicinity of Beach and Winterpock Roads. The Plan identifies a need for
additional library space in this area. The applicant has addressed the impact of the
development on library facilities. (Proffered Condition 4)
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 offered measures to assist in addressing
the impact of this proposed development on these parks and recreational facilities.
(Proffered Condition 4)
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06SN0234-0CT25-BOS
Transportation:
The property (220.2 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-12). The applicant has proffered a maximum
density of 2.2 residential units per acre, which allows 484 units to be developed on the
property (Proffered Condition 6). Based on single-family trip rates, development could
generate approximately 4,440 average daily trips. These vehicles will be initially
distributed along Bailey Bridge Road, which had a 2005 traffic count of 12,144 vehicles
per day, and along Brad McNeer Parkway.
The Thoroughfare Plan identifies a proposed north/south collector (the "Collector Road")
with a recommended right of way width of seventy (70) feet extending from Holly View
Parkway, north across Swift Creek to Brad McNeer Parkway. Constructing the Collector
Road across Swift Creek will require a substantial structure, a bridge. In conjunction with
development north of Swift Creek, a right of way for the Collector Road was dedicated,
but the road was not constructed. The alignment of the proposed Collector Road extends
through the subject property. The centerline of Swift Creek forms the northern boundary
of the subject property. The applicant has proffered to dedicate right of way through the
property and construct a two-lane road for the Collector Road from its current terminus to
Brad McNeer Parkway. (Proffered Conditions 9 and 12.B)
Access to collectors, such as the Collector Road, should be controlled. The applicant has
proffered that an access plan will be submitted, at time of tentative subdivision review for
Transportation Department review and approval, which shows access from the property
to the Collector Road (Proffered Condition 10). Access to the Collector Road will be
based on the approved access plan.
The property has potential access through four (4) stub road rights-of-way; Holly Bark
Drive, Holly View Parkway, Quailwood Road, and a planned stub road right-of-way
(Cameron Bay Drive) in the Cameron Bay Subdivision. Included in the Subdivision
Ordinance is the Planning Commission's Stub Road Policy. The Policy suggests that
subdivision streets anticipated to carry 1,500 VPD or more should be designed as "no-lot
frontage" collector roads. Holly View Parkway and Cameron Bay Drive are considered
collector roads. Quailwood Road is a narrow roadway with poor vertical alignment. Any
development with access to Quailwood Road would require substantial reconstruction of
that road. These improvements would necessitate acquisition of off-site right-of-way. At
time of tentative subdivision plat review, staff will evaluate the proposed road network
and provide specific recommendations per the Stub Road Policy.
The traffic impact of this development must be addressed. The applicant has proffered: 1)
construction of the Collector Road through the property to Brad McNeer Parkway; 2)
construction of turn lanes along Bailey Bridge Road at the Holly View Parkway
intersection, along Brad McNeer Parkway at the Collector Road intersection and along
the Collector Road at each approved access based on Transportation Department
standards; and 3) provide traffic signalization at the Brad McNeer Parkway/Collector
Road intersection, if warranted (Proffered Condition 12).
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06SN0234-0CT25-BOS
The applicant has proffered that a phasing plan for these road improvements will be
submitted, at time of tentative subdivision review, for Transportation Department review
and approval (Proffered Condition 13). According to Proffered Condition 13, the
approved phasing plan will require the turn lanes along Bailey Bridge Road at the Holly
View Parkway intersection and the Collector Road through the property to Brad McNeer
Parkway to be completed prior to recordation of more that 200 lots.
Acquisition of "off-site" right-of-way may be necessary to construct the turn lanes along
Bailey Bridge Road and to construct the Collector Road north of Swift Creek. According
to Proffered Condition 12, if the developer needs off-site right-of-way for these proffered
road improvements and is unable to acquire it, the developer may request the county to
acquire the right-of-way as a public road improvement. 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 12.E)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Bailey Bridge Road will be directly impacted by
development of this property. Sections of Bailey Bridge Road, between Claypoint Road
and Deer Run Drive, have nineteen (19) to twenty-one (21) foot wide pavement with
minimal shoulders, and substandard horizontal and vertical curves. The capacity of that
section of Bailey Bridge Road is at capacity (Level of Service E) for the volume of traffic
it carries (12,144 VPD).
The applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of the development (Proffered
Condition 11). 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. The current Six- Year
Improvement Plan includes three (3) projects in this area. One project is the two-lane
reconstruction of Bailey Bridge Road from Claypoint Road to Manchester High SchooL
This project is scheduled for construction in Summer 2010, but could be delayed based
on State funding. There is also a project for two (2) spot safety improvements on Bailey
Bridge Road between Battlecreek Drive and Deer Run Drive. This project should begin
in Summer 2006. The third project involves reconstructing two (2) substandard curves on
Spring Run Road between McEnnally Road and Bailey Bridge Road. This project is
scheduled for construction in Summer 2010, but could be delayed based on State funding.
Proffered Condition 11 requires the applicant to pay prior to issuance of the each building
permit, the amount of $8,915 for road improvements. Proffered Condition 11 allows the
developer to receive reimbursements from these payments for construction, including the
cost of any necessary right of way acquisition, of the turn lanes along Bailey Bridge Road
and for the Collector Road north of the resource protection area (RP A), across Swift
Creek to Brad McNeer Parkway. The Transportation Department supports the use of
these transportation contributions for construction of the Collector Road, but not for the
turn lanes along Bailey Bridge Road. When the Cash Proffer Policy was developed, it did
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06SN0234-0CT25-BOS
not include the cost of customary road improvements by developers, such as these turn
lanes, therefore, the costs are not covered in the Cash Proffer calculations. The applicant
should not receive reimbursement for providing the turn lanes along Bailey Bridge Road.
Without modification to the proffered condition, the Transportation Department cannot
support the request.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 484* 1.00
Population Increase 1316.48 2.72
Number of New Students
Elementary 112.77 0.23
Middle 62.92 0.13
High 81.80 0.17
TOTAL 257.49 0.53
Net Cost for Schools 2,588,432 5,348
Net Cost for Parks 292,336 604
Net Cost for Libraries 168,916 349
Net Cost for Fire Stations 196,020 405
Average Net Cost for Roads 4,327,928 8,942
TOT AL NET COST 7,573,632 15,648
*Based on a proffered maximum of 2.2 residential units per acre (Proffered Condition 6). The
actual number of units and the corresponding impact may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and
fire stations at $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 applicant has been further advised that a maximum proffer of $10,269 per
dwelling unit would defray the cost of the age-restricted portion of the proposed development, as
it will not have an increased impact on school facilities.
The applicant has offered cash to offset the impact of the proposed development on schools,
parks, libraries and fire stations (Proffered Condition 4). The applicant has offered a
transportation contribution for construction of a bridge and turn lanes, in conjunction with the
possibility of a credit, to offset the impact of this proposed zoning on roads (Proffered Condition
11). The language, in essence, amounts to dedicated improvements in lieu of a cash proffer.
While the bridge construction component of this Proffered Condition is acceptable, staff does not
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06SN0234-0CT25-BOS
support the request for credit for turn lanes, as noted in the Transportation Department's report.
Therefore the proffers, as offered in this case, do not adequately address the impact of this
proposed development on roads.
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.
Staff recommends the applicant fully address their impact on all categories of capital facilities.
The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this request that may
justify acceptance of proffers as offered for this case.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for single family residential use of 2.2 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 east and west are zoned for residential uses as part of the
Cameron Bay, Spring Trace, Mockingbird and Harbour Green developments. Property
to the north is zoned Corporate Office (0-2) as part of a mixed use development and is
currently developed for multifamily uses or is vacant. Properties to the south are zoned
Agricultural (A) and are occupied by single family dwellings or are currently vacant. It is
anticipated that residential development will continue in this area of Bailey Bridge Road
at densities suggested by the Plan.
Site Design:
The 220.2 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)
Densitv:
A maximum of 2.2 dwelling units per acre has been proffered, yielding an overall
maximum of 484 dwelling units. (Proffered Condition 6)
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06SN0234-0CT25-BOS
Condominiums:
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)
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)
14
06SN0234-0CT25-BOS
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)
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)
Access to Spring Trace and Cameron Bav Subdivisions:
Holly View Parkway and Holly Bark Drive, which serve the Spring Trace Subdivision,
and Cameron Bay Drive, which serves existing and proposed sections of Cameron Bay
Subdivision, are recorded or tentatively approved to the eastern and western limits of the
subject property. Should these rights of way be extended to provide sole access to a
portion of the proposed development, lot size and density compatibility with lots in these
portions of Spring Trace and Cameron Bay Subdivisions would need to be addressed.
The applicant has proffered that no lots within the proposed development will have their
sole access through these adjacent developments thereby eliminating the need to address
this compatibility issue. (Proffered Condition 8)
Street Connectivity:
An exception to the "Residential Subdivision Connectivity Policy" is requested so as to
preclude any road connection to Quailwood Road. In addition to promoting fire and
emergency services safety, subdivision road connections provide interconnectivity
between developments thereby reducing congestion along collector and arterial roads and
providing a convenient and safe access to neighboring properties.
The "Residential Subdivision Connectivity Policy" allows the Board, through the
Conunission's reconunendation, to waive the requirement for streets in new
subdivisions to connect to adjacent public streets that are designed as local streets,
residential collectors and thoroughfare streets. Staff must evaluate this waiver based
upon three (3) criteria: (1) there must be a sufficient number of other stub streets to
adequately disperse traffic and not cause a concentrated us of anyone (1) stub street; or
(2) the connection to a particular stub will cause concentrated traffic at that location;
and (3) the projected traffic volume on anyone (1) local street within an existing
subdivision exceed 1,500 vehicle trips per day.
Without additional design information relative to road layout, staff cannot determine if
the criteria for granting such a waiver can be met. Therefore, it is recommended that
15
06SN0234-0CT25-BOS
consideration of this waiver be evaluated during the plans review process when more
detail is available.
CONCLUSIONS
While the proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests
the property is appropriate for single family residential use of 2.2 units per acre or less, the
application fails to address the traffic impact in regards to construction of turn lanes, as discussed
herein. Further, the proffered conditions do not 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, is identified in the Public Facilities Plan,
the Thoroughfare Plan and the Capital Improvement Program, and the impact of this
development is discussed herein. The proffered conditions do not mitigate the impact on road
facilities, thereby not insuring adequate service levels are maintained nOf protecting the health,
safety and welfare of County citizens.
The application fails to address connectivity to Quailwood Road per the Board's adopted
"Residential Subdivision Connectivity Policy", as discussed herein. Evaluation of the Policy
criteria for granting such relief necessitates design detail that can best be provided through the
subdivision review process.
Given these considerations, denial of the rezoning (Request I) and denial of the waivef to street
connectivity requirements (Request II) is recommended.
CASE HISTORY
Planning Commission Meeting (4/18/06):
On their own motion, the Commission deferred this case to May 16, 2006.
Staff (4/19/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 24, 2006, for consideration at the Commission's
May 16, 2006, public hearing.
Applicant (4/20/06):
The application was amended to request a waiver to the "Residential Subdivision
Connectivity Policy" relative to access to Quailwood Road. Proffered conditions were
added and amended.
16
06SN0234-0CT25- BOS
Planning Commission Meeting (5/16/06):
On their motion, the Commission deferred this case to June 20, 2006.
Staff (5/17/06):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than May 22, 2006, for consideration at the Commission's
June 20, 2006, public hearing.
Applicant (6/7/06 and 6/9/06):
Revised proffered conditions were submitted.
Planning Commission Meeting (6/19/06):
The applicant did not accept staff s recommendation but did accept the Planning
Commission's recommendation. There was opposition present. Concerns were
expressed relative to the appropriateness of use, increased traffic volumes, lack of
buffers, density, schools and environmental impacts and road improvements.
Mr. Gecker expressed concerns relative to the proposed density of the development and
the potential burden on the existing infrastructure, to include roads and schools.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 6.
AYES: Messrs: Wilson, Bass, Gulley and Litton.
NAY: Mr. Gecker.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended
approval of relief to street access requirements.
AYES: Unanimous.
Board of Supervisors' Meeting (7/26/06):
At the request of the applicant, the Board deferred this case to August 23, 2006.
17
06SN 0234-0CT25- BOS
Staff (7/27/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 1, 2006, for consideration at the Board's August
23, 2006, public hearing.
Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the
Board's public hearing.
Applicant (8/2/06):
The deferral fee was paid.
Board of Supervisors' Meeting (8/23/06):
At the request of the applicant, the Board deferred this request to October 25 2006.
Staff (8/24/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 29, 2006, for consideration at the Board's
October 25, 2006, public hearing.
Also, the applicant was advised that a $250.00 deferral fee must be paid prior to the
Board's public hearing.
Applicant (9/6/06):
The deferral fee was paid.
Staff (9/22/06):
To date, no new information has been submitted.
18
06SN0234-0CT25-BOS
TEXTUAL STATEMENT
February 9, 2006
This is a request to rezone 220.2 acres of the Property (Tax IDs 732-672-9726 and 733-673-
8753) under consideration to R-12 with a Conditional Use Planned Development (CUP D) 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 permitted.
APPLICABLE TO ALL
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 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 approvaL
2. Common Areas. Common areas and ownership of property shall 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 shall be permitted
in anyone building.
4. Density. The overall density shall not exceed six (6) dwelling units per gross acre.
5. 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 1 of 11
)
7. Architectural Aopearance. 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. 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 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 Parking Setbacks. All driveways and parking areas shall be setback a
minimum of fifteen (15) feet from the right-oi-way of any existing or proposed right-of-
way except that the setback adjacent to any collector road external to the condominium
development shall be fifty (50) feet.
12. 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 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 of11
14. Drivewav 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 of thirty (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 minimmn of one and one-half (1. S) acres included within, or
conveniently. accessible to, each condominium developmc:nt shall be provided for suitable
active and passive outdoor recreational use by the occupants. A miniinum. of 0.75 acres of
open sp_on area shall be located and positioned to provide a "focal point" as
.one enters each condominium development. Part of this area shall be '11ardscaped" and
. have benches and other amenities that accommodate ~ 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.
. 16. Restriction on Children's Play Facilities. The common area recreational amenities shall
pot include playground equipment, play fields or other facilities primarily associated with
children's play. Adult facilities includin& but not limited to;t swimming pools, putting
greens or shufileboard 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 plan review.
i...
18. Buffer. A fifty (50) foot buffer shall be maintained adjacent to any public road whi~h is a
,major arterial, and a thirty-five (35) foot buffer shall be maintained adjacent to any public
road that is an intema1 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 Condition 9. 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 minim;7',e 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. Garaees~ Any frOnt-loaded garages shall be located no. closer to the street than the front
~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.wid~
.and 8: six thousand (6,000) sq~ foot minimum lot ar~.
~
. ~ '.
. .
..
Page 3 of11
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 through N, 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. For principal structures, front, comer/side and rear
yards shall have a minimum depth of twenty-five (25) feet. Accessory structures shall
have a twenty-five (25) foot front yard setback but no rear yard setback.
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 ofhoth 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 Drivewavs. All dwelling units shall have paved driveways. The exact treatment
shall be approved at the time of tentative subdivision plan review.
27. 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 of this area
shall be "hardscaped" and have benches and other amenities that accommodate and
facilitate outdoor gatherings. This area shall be developed concurrently with the
development of the first phase of each cluster home development, and its exact design
and location shall be approved at the time of tentative subdivision review.
28. Garages. Any front-loaded garages shall be located no closer to the street than th~ front
fayade 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 plan 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 11
30. Minimum Square Footage for Sin21e Familv Dwellings. With the exception of Cluster
Homes or Condominiums, the minimum gross floo~ area for single family detached
homes shall 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:
. ..d
a.
With the exception of playground areas which accommodate swings, jungle gyms,
or similar facilities and tennis courts, all outdoor play fields, ~mming 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
PIan for residential use, a minimum of one hundred (100) feet from any existing
or proposed single family residentia110t line, and a minimum of fifty (50) feet
from any existing or prop~sed 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 (SO) foot buffers.
c. Any playground are8s (i.e. areas accommodating swings, jungle gyms or similar
" such facilities) and tennis courts shall be located a minimum of forty (40) feet
from all-property lines. A forty (40) foot buffer shalI be provided along the
perimeter of these recreational facilities except where adjacent 10 any existing or
proposed roads. This buffer shall conform to the requirements" of the Zoning
Ordinance for fifty (50) foot buffers.
Nothing within this condition shall prevent development of indoor facilities
andIorparkirigwithin the one hundred (100) foot setback.
: ~t.
c.
There shall be no outside public address system or speakers.
f: The maximum 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 plan.
p'
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
'recreatio~ 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 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:
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 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 of30 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)
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-11 siding
Landscaping
$300 allowance for shrubs
White painted mailbox and lamp post consistent throughout subdivision
Builder to leave as many trees as possible over 6 inches at the base
Base
3 color exterior paint except for 2 colors if
painted white
Satellite Dishes and swimming pool design, location and screening to be approved
prior to installation.
The ARC reserves the right to modify the above restrictions or any other imposed
deed restrictions in all or in part without notice. In addition, the ARC reserves the
right to make special exceptions to these conditions on an individual basis;
however, any special exception(s) shall not be deemed as waiver of the
restriction(s) as they may apply in the future.
The ARC reserves the right to disallow construction of architecturally similar
homes adjacent to each other.
The ARC shall not be liable to any Owner or to any other person on account of
any claim, liability, damage, or expense suffered or incurred by or threatened
against an Owner or such other person arising out of or in any way relating to the
subject matter of any review, acceptances, inspections, permissions, consents, or
required approvals which must be obtained from the ARC whether given, granted
or withheld.
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 done 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:
L Lots shall be used for private residential purposes only and no building of
any kind whatsoever shall be erected or maintained thereon except for:
1. One private dwelling house with each dwelling being designated for
occupancy by a single family.
2. Private garages for the sole use of the respective owners of the Lots
upon which such garages are erected.
11. 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 permanent! y.
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 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.
Page 8 of 11
1. 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.
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 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.
L 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.
ID. 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.
n. 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.
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 afhis 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
)
p. Except during construction, no signs of any kind shall be displayed to the public
view on any lot except:
1. One sign not exceeding four (4) square feet in areas used for the purpose
of advertising the Lot for sale or rent: and
11. 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 further 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,
ancVor 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.
Page 10 of 11
)
.. ,
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 instrument 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 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.
z. 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 of the Lots has been recorded, revoking said covenants, or agreeing to
change said covenants in whole or in part
DORIS C. CLARKE and
L.G.HE~Y,F~Y
LIMITED PARTNERSHIP,
a Virginia limited partnership
By:
-~
James . Theobald, Attorney-in-Fact
Date: February 9, 2006
#731263 v2 030921.00003
Page 11 of 11
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