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94SN0219REQUEST ANALYSIS AND RECOMMENDATION A ----:1I 0 I ~ July 26, 1995 BS ~: (Amended) PROPOSED LAND USE: 94SN0219 (Amended) Douglas Sowers Matoaca Magisterial District South line of Lucks Lane Rezoning from Agricultural (A) to Residential (R-9). A single family residential subdivision, with a minimum lot size of 9,000 square feet, is planned. The applicant has proffered that any lot adjacent to R-12 zoning will have a minimum area of 12,000 square feet. The applicant has proffered that a maximum of 240 lots would be developed on the property, yielding an approximate density of 2.7 units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend approval subject to the applicant addressing the impact on health, safety and welfare of County citizens by providixig for necessary capital facilities consistent with the Board of Supervisors' policy. This recommendation is made for the following reasons: The proposed zoning and land use conform to the Powhite/Route 288 Development Area l .and Use and Transportation Plan, which designates the request property for residential use of 1.51 to 4.0 units per acre. Specifically, the applicant's proffered condmc, n, to restrict the maximum number of lots that can be developed on the property to 240/would generate an overall density of approximately 2.7 units per acre. The applicant's proffered contribution towards addressing the impacts on health, safety and welfare of County citizens relative to providing necessary capital facilities is not consistent with the Board's policy. Further, the applicant's proffered contribution is not consistent with the contributions offered by the applicant and others who have sought residemial zoning in the area since adoption of the cash proffer policy. (NOTES: Ao THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE COUNTY WILL NOT BE RESPONSIBLE FOR ENFORCING RESTRICTIVE COVENANTS, ONLY THAT THE COVENANTS BE RECORDED. ONCE THE COVENANTS ARE RECORDED, THEY MAY BE AMENDED AS PROVIDED IN THE COVENANTS. THE CONDrrIONS 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 applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the time of building permit application, for each new dwelling unit for infrastructure improvements for schools within the service district for the property: a. $2,000 per lot, if paid on or prior to June 30, 1995; or The amoum agproved by the Board of Supervisors not to exceed $2,000 per lot adjusted upward by any increase in the Marshall alld Swift Building Cost Index between July 1, 2 94SN0219/WP/JULY26G (STAFF) (STAFF) (STAFF) (STAFF) o 1994, and July 1 of the fiscal year in which the payment is made if paid after June 30, 1995. A dwelling unit shall be subject to this condition if its foundation lies entirely within the bounds of the property which is the subject of this request. Public water and sewer shall be used. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from Environmental Engineering and the approved devices installed. Access to Lucks Lane shall be limited to one (1) public road. At time of tentative subdivision review, a second public road access located towards the eastern part of the property may be approved by the Transportation Department. If the second access is approved, the developer shall construct additional pavement along the eastbound lanes of Lucks Lane to provide a right-turn lane. The exact location of these accesses shall be approved by the Transportation Department. To provide for an adequate roadway system at the time of complete development, the developer shall be responsible for the following: Construction of a new crossover on Lucks Lane. The exact location of this crossover shall be approved by the Transportation Department. Construction of this new crossover shall include additional pavement along the eastbound and westbound lanes of Lucks Lane to provide a left-mm lane for both approaches. Bo Construction of additional pavement along the eastbound lanes of Lucks Lane at the approved access to provide a fight-turn lane. Construction of a residential collector (i.e., "no lot frontage" road) from Lucks Lane aligning the new crossover to the southern property line. The exact location of this collector shall be approved by the Transportation Department. 3 94SN0219/WP/.IULY26G Construction of a three-lane typical section (i.e., one (1) southbound lane and two (2) northbound lanes) for the residential collector at its intersection with Lucks Lane. Dedication, free and unrestricted, to and for the benefit of Chesterfield County, any right of way for easements) required for the improvements identified above. (STAFF) Prior to any road and drainage plan approval, a phasing plan for the require road improvements identified in Proffered Condition 5 shall be submitted to, and approved by, the Transportation Department. (STAFF) Except for those dwellings located on lots adjacent to Exbury Subdivision, Section 3, the minimum gross square footage for homes shall be as follows: 1 story - More than 1 story - 1,600 gross square feet 1,800 gross square feet The minimum gross square footage for homes on lots adjacent to Ex~v-~' Subdivision, Section 3, shall be 2,000 gross square feet. (STAFF) A maximum of 240 lots shall be developed on the property. If a lot is comprised of more than 50% land area utilizing the subject property then it will be counted toward the maximum number of lots allowable. If a lot is comprised of less than 50% land area utilizing the subject property, then it will not be counted toward the maximum number of lots allowable. (STAFF) The following Declaration of Restrictions shall be recorded in conjunction with the recordation of any subdivision plat: THE OWNERS do hereby declare that said property is to be held, owned, conveyed, used and occupied subject to the following restrictive covenants: An Architectural Review Committee, hereinafter called "ARC", shall be comprised of Douglas R. Sowers, his heirs, personal representatives, successors, and assigns, any of which may act. The ARC shall coordinate each residence and lot and shall establish reasonable rules and regulations relating to the procedure for architectural approvals and general guidelines for architectural plans according to the specifications set forth in "ArchitecturaI Review," attached hereto as Exhibit "A" and made a part hereof. 4 94SN0219/WP/JULY26G e The Arc shall not be liable to any Owner or to any other person on account of any claim, liability, damage, or expense suffered or incurred by or threatened against an Owner or such other person arising out of or in any way relating to the subject matter of any review, acceptances, inspections, permissions, consents, or required approvals which must be obtained from the ARC whether given, granted, or withheld. No Improvements, either permanent or temporary, alterations, 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 Douglas R. Sowers to an owner (including clearance of trees and vegetation, driveways, entrance ways, fences, mailboxes, and lamp post structures), shall be made or done until the plans, specifications, working drawings, and proposals for the same showing the nature, kind, shape, type, color, materials, and location of the improvements on the Lot and a landscaping plan shall have been submitted to and approved in writing as to harmony of external design and location in relations to surrounding structures, topography, and applicable governmental requirements by the ARC. All easements along road frontage and lot lines as shown on the aforesaid subdivision plat are hereby reserved unto the developer, his personal representatives, heirs, assigns, or agents, for the purpose of drainage or furnishing light, telephone or any other utility to the property. Lots shall be occupied and used as follows: ao Lots shall be used for private residential purposes only and no building of any kind whatsoever shall be erected or maintained thereon except for: One private dwelling house with each dwelling being designated for occupancy by a single family. Private garages for the sole use of the respective owners of the Lots upon which such garages are erected. 5 94SN0219/WP/JULY26G o A single building for the storage of non-commercial vehicles, boats, equipment, and tools used in maintenance of the Lot upon which erected. No building shall be located on any lot nearer to any street or to a side line than is permitted under the applicable local zoning ordinance in effect at the time such building is constructed. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. The construction of any structure on a Lot shall be completed with 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. It is the responsibility of each Owner to prevent the development of any unclean, unsightly, or unkept 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. 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, his successors or assigns. No use shall be made of any Lot which will depreciate or adversely affect the surrounding Lots or the Property. 10. Each residence constructed on a Lot shall be connected to a public sewer. 6 94SN0219/WP/JULY26G 11. 12. 13. 14. 15. 16. No Lot shall be further subdivided without prior written consent of the ARC. However, the developer hereby expressly reserves for itself, its successors, and assigns, the right to re-subdivide any Lot or Lots shown on any recorded plan of subdivision of the Property prior to the delivery of a deed to said Lot or Lots without the prior written consent of any Lot Owner. Except for emergencies, which emergencies must be proven to the satisfaction of the ARC, no trees with a diameter of six (6) inches or more, measured two (2) feet from the ground, flowering trees, shrubs, or evergreens may be cleared from any Lot without prior written permission of the ARC. In the event a Lot Owner violates this covenant, the Lot Owner will be freed $25.00 per inch for every such tree removed and it shall be assumed that each tree had a diameter of twelve (12) inches. 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. 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. No external illumination on any Lot shall be of such a character or intensity or so located as to interfere with any other Owner's use or enjoyment of his Lot. No neon or flashing lights shall be permitted. All external lighting must be approved as to size and intensity by the ARC. Except during construction, no signs of any kind shall be displayed to the public view on any lot except: 7 94SN0219/WP/JULY26G 17. 18. 19. 20. 21. 22. Ao One sign not exceeding four (4) square feet in areas used for the purpose of advertising the Lot for sale or rent: and One sign not exceeding four (4) square feet in areas which identify the resident occupying the Lot, the name of the Lot, or both. No temporary, portable, or above-ground swimming pools may be erected on any Lot that will be visible from the street. No outside antennas, television or otherwise, shall be permitted; provided, however, that until cablevision television becomes available to the Property, exterior television antennas shall be permitted, provided that they do not extend more tim five (5) feet · past the roof line of any dwelling. No satellite dishes shall be visible from the street. No construction shall be permitted without appropriate erosion control so as to prevent the discharge of any soil or other materials onto any other LOt or Common Area. The ARC may establish reasonable roles and regulations establishing a maximum percentage of any Lot which may be covered by a building, driveway, or other structure. 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. No shrubs, trees, fences or structures of any type shall be erected which may partially or fully block vehicular sight distance, as set forth in the Virginia Highway Department regulations, on any roadway. No Lot owner shall disturb or siltate shoulder, backslopes, ditches, pavement, curb and gutter, driveway culverts, or any other improvements within the public right-of-way. Each Lot Owner agrees to be responsible for disturbances, damages, and/or siltation caused by themselves, their employees, suppliers, contractors, or others, and shall have fourteen (14) days from the receipt 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 8 94SN0219/WP/JULY26G the developer or its assigns shall have the right to correct the damage and bill the Lot Owner directly on a cost-plus-fifty-percent (50%) basis. If a Lot Owner does not make payment within thirty (30) days of presentation of the bill, a two percent (2%) per month service charge shall be applied to such bill. 23. Any one or more of the Covenants and Restrictions imposed in Paragraphs 1 thru 21 hereof may be waived, modified, or rescinded, in whole or in part, as to all of the Property or any Lot, by written instrument of the ARC. 24. 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. 25. 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 prevem 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. 26. These covenants and conditions are to mn 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 period of ten (10) years unless an instrument signed by a majority of the owners of the Lots has been recorded, revoking said covenants, or agreeing to change said covenants in whole or in part. EXHIBIT "A" All plans to be approved prior to commencemem of constmction on each lot. House location to be approved prior to construction. 9 94SN0219/WP/JULY26G Roof Minimum 7/12 pitch Minimum 12" overhang No uncolored galvanized flashing Foundation Brick foundations Brick or stone on chimney chases Main body of house to be a minimum of 30 feet in width No single story homes adjacent to each other Stoops and walks Brick stoops or painted fir (no salt treated stoops except when approved by ARC) Minimum 40 sq. ft. Concrete sidewalks Painted lattice under front porches - painted risers on steps, painted pickets and painted band on front porches Sidin~ Panel shutters on front windows Minimum 1 x 6 rake and facia boards No Ti-Il siding $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 Colors 3 color exterior palm except for 2 colors if painted white 10 94SN0219/WP//ULY26G Satellite Dishes and swimming pool design, location and screening to be approved prior to installation. The Architectural Review Committee (ARC), which consists of Douglas R. Sowers, his successors, heirs, or assigns, 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 a waiver of the restriction(s) as they may apply in the future. (STAFF) Location: 10. The ARC reserves the right to disallow construction of architecturally similar homes adjacent to each other. All lots adjacent to property zoned Residential (R-12) shall have a minimum lot size of 12,000 gross square feet. GENERAL INFORMATION South line of Lucks Lane, east of Exbury Drive. Tax Map 374 (1) Parcels 14 and 17 and Tax Map 37-8 (1) Parcels 2 and 4 (Sheets 13 and 14). Existing Zgning: A Size: 90.6 acres Existing Land Use: Vacam Ad_iacent Zoning & Land Use: North - A; Single family residemial, public/semi-public (church) or vacant South- A; Vacant East - R-9, R-12 and A; Single family residential or vacant West - R-9; Single family residential or vacant 11 94SN0219/WP/~Y26G PUBLIC FACILITIES Utilities: Public Water System There is an existing eight (8) inch water line that fronts the request site along the south side of Lucks Lane. Also, there are existing eight (8) inch water lines that terminate at the western property line of the request site along Exbury Terrace and Explorer Drive. The applicant has proffered to use the public water system. (Proffered Condition 2) Results of a computer-simulated flow test indicate that sufficient flow and pressure should be available to meet the domestic and fzre protection demands of the proposed use. Fire flow requirements are established and coordinated through Fire Administration. Public Wastewater System There is an existing eight (8) inch wastewater line that terminates at the western property line of the request site along Exbury Terrace and a ten (10) inch wastewater line located on-site in the southernmost portion of the property. Also, there are approved construction plans to extend the St. James/Westbury wastewater line that will terminate approximately 480 feet south of the southern property line of the request site. The applicant has proffered to use the public wastewater system. (Proffered Condition 2) The results of a computer-simulated hydraulic analysis indicate that sufficient capacity should be available to accommodate the domestic flows of the proposed use. Drainage and Erosion The request property drains south, under Powhite Parkway, and then to Falling Creek. No existing or anticipated on- or off-site drainage or erosion problems. Off-site easements and drainage improvements may be required due to increased runoff generated by development. In order to insure that proper erosion control devices are in place, the applicant has proffered that there will be no timbering of the property until a land disturbance permit has been issued and approved erosion control devices installed. (proffered Condition 3) 12 94SN0219/WP/JULY26G Water Quality. Development must conform to the Chesapeake Bay Act. Due to the volume of runoff anticipated from upstream development, plus relatively flat topography throughout the request property, special consideration must be given to the design and construction of any required BMP basin. Specifically, any such basin may have to occupy a greater land area than would be required under more typical circumstances. Fire Service: Wagstaff Fire Station, Company #10. County water flows and fke hydrants must be provided for fire protection purposes in compliance with nationally recognized standards (i.e., National Fire Protection Association and Insurance Services Office). The proposed roadway network for this project should connect to available access from adjacent developments via stub roads to enhance emergency vehicle access and meet current Ordinance requirements. At the time of tentative subdivision review, specific recommendations to address these concerns will be provided. Financial Impact on Capital Faciliti¢,s: PER UNIT Potential # of New Dwelling *240.00 1.00 Units Population Increase 672 2.8 Number New Students Elementary 70 0.29 Middle 32 0.13 High 37 0.15 Total 139 0.58 Net Cost for Schools 537,840 2,241 Net Cost for Parks 101,280 422 13 94SN0219/WP/JULY26G Net Cost for Libraries 34,560 144 Net Cost for Fixc Stations 49,440 206 Average Net Cost for Roads 514,320 2,143 Total Net Cost 1,237,440 5,156 *Based on the proffered density. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations at $5,156 per unit. Under the Board's adopted cash proffer policy, applicants are advised that a maximum proffer of $5,083 per unit would defray the impact of development on capital facilities necessitated by their development. The applicant has offered $2,000 per lot for school facilities to assist in defraying the capital cost of school facilities necessitated by the development (Proffered Condition 1). This offer is not consistent with the cash proffer policy or proffers accepted from other applicants. While the offer of $2,000 per lot for school facilities does come fairly close to addressing the impact of this development on schools, there is no offer to address the impact of this development on roads, fire stations, libraries or parks. The difference between a maximum acceptable proffer of $5,083 per unit (total proffer of $1,219,920) and the developer's proffer of $2,000 (total proffer of $480,000) over the life of this development is $739,920. Ultimately, under this scenario, an additional revenue source of $739,920 will have to be identified to address this deficit. Otherwise, the County's ability to protect the health, safety and welfare of its citizens by providing necessary capital facilities will be adversely impacted. Schools: Approximately 139 school aged children will be generated by this request. The site lies in the Gordon Elementary School attendance zone: capacity - 761, enrollment - 714; Midlothian Middle School Zone: capacity - 1,350, enrollment -1,234; and Monacan High School zone: capacity- 1,750, enrollment- 1,574. The School Administration reviews and revises the program capacities for all County schools on a regular basis. Program capacity is affected by the number of special programs in each school which require a different use of space and the current program capacity may change from year to year. In particular, although the schools referenced above appear to be below program capacity, Monacan has two (2) double-wide trailers in 14 94SN0219/WP/JULY26G use. Gordon has one (1) double-wide 'trailer which is not currently used for classroom space. These schools may be at, or over, capacity based on current program needs for classroom space and other facilities. Therefore, additional students in these schools could result in the need for additional class space. The School Administration has estimated the student membership projections for Gordon, Midlothian and Monacan, for the year 2000 as follows: Gordon Elementary School - 759; Midlothian Middle School - 1,561; and Monacan High School - 1,526. Student membership projections are based on trend information from the past several years (including birth rates and cohort progression from elementary to middle to high) but do not include the potential impact of new subdivisions (proposed and/or approved) in a school attendance area. Therefore, the impact of any new subdivision will further increase future student membership projections. This development will have an impact on area schools, especially at the middle school level. Rapid growth is continuing in the area with other approved or planned subdivisions and continued building in existing subdivisions. Due to significantly higher growth problems and priorities in the central and eastern parts of the County and limited available resources for new facilities County-wide, no additional school facilities are currently planned to serve this area through the year 2000. Transportation: Development is anticipated to generate approximately 2,320 average daily trips. These vehicles will be distributed along Lucks Lane which had a 1994 traffic count of 12,072 vehicles per day. The Thoroughfare Plon identifies Lucks Lane as a major arterial. Access to major arterials such as Lucks Lane should be controlled. The applicant has proffered that access to Lucks Lane will be limited to one (1) public road (Proffered Condition 4). The proffer would also allow, at time of tentative subdivision review, the .Transportation Department to approve a second public road access to Lucks Lane located towards the eastern part of the subject property. This access will be limited to right-turns in and right-turns out. If this second access is approved, the applicant has proffered to construct a right mm lane along Lucks Lane. (Proffered Condition 4) Undeveloped parcels of land, totaling approximately fifty-three (53) acres, are located south of the subject property. The Powhite/Route 288 Development Area Land Use and Transportation Plan recommends medium density residential use (1.51 to 4.0 units per acres) for those fifty-three (53) acres. In developing the subject property, access should be provided to these adjacent parcels. The Planning Commission's stub road policy requires that subdivision streets, projected to carry 1,500 vehicles per day or more, should be designed and constructed as "no-lot frontage" roads. Based upon this development and 15 94SN0219/WP/JULY26G development of the adjacent acreage, more than 1,500 vehicles per day will be generated. In accordance with that policy, a residential collector (i.e., "no-lot frontage" road) should be provided through the subject property. The applicant has proffered to construct a residential collator from Lucks Lane to the southern property line (Proffered Conditions 5 and 6). In order to reduce the waffle volume along some of the residential streets in the adjoining Exbury Subdivision, the three (3) stub roads (Explorer Drive, Sanbury Lane and Exbury Terrace) should be extended through the subject property to the proposed residential collector. Mitigating road improvements must be provided for the requested density. The applicant has proffered to construct a right turn lane and a new crossover with adequate left mm lanes along Lucks Lane to serve the proposed residential collector. (Proffered Conditions 4, 5 and6) Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. The applicant has not proffered to contribute the maximum cash amount towards these necessary "off-site" road improvements (Proffered Condition 1). Without this commitment, the Transportation Department cannot support this request. General Plan: Lies within the boundaries of the Powhite/Route 288 Development Area Land Use and Transportation Pla~ which designates the property for residential use (1.51 to 4.0 units per acre). Area Development Trend~: Area development is characterized by a mix of residential and agricultural zonings and land uses. Generally, properties in the immediate vicinity, east and south of Lucks Lane are zoned Residential (R-12) and properties to the west, south of Lucks Lane are zoned Residential (R-9). Area subdivisions (Exbury and Saint James Woods) have developed with densities ranging from approximately 2.35 to 2.95 units 'per acre. Average lot sizes in Exbury range from approximately 11,161 to 14,273 square feet. Average lot sizes in Saint James Woods range from approximately 14,622 to 15A29 square feet. As noted herein, the request property lies between Exbury Subdivision, which is zoned R- 9, and Saint James Woods Subdivision, which is zoned R-9 a-~d R-12. Primary access into the subject property is planned via a proposed collector ~oad system from Lucks lane 16 94SN0219/WP/$ULY26G (Proffered Conditions 4, 5 and 6). However, it is also anticipated that stub roads recorded within Exbury and Saint James Woods Subdivisions would be extended to allow additional public road access to serve not only the subject developmem, but those adjacent developmems as well. The applicant has proffered that lots developed on the request property adjacent to existing R-12 zoning sh~ll have a minimum size of 12,000 gross square feet. (Proffered Condition 10) Restrictive Covenants: The applicant has proffered to record restrictive covenants. It should be noted that the County will not be responsible for enforcement of the covenants, only that the covenants be recorded. (Proffered Condition 9) The applicant has proffered minimum house sizes. (Proffered Condition 7) Conclusions: The proposed zoning and land use conform to the Powhite/Route 288 Development Area Land Use and Transportation Plan which designates the request property for residential use of 1.51 to 4.00 units per acre. However, the proffered conditions fail to provide for protection of the health, safety and welfare of County citizens by providing necessary capital facilities. CASE HISTORY Planning Commission Meeting (6/21/94): At the request of the applicant, the Commission deferred this case for sixty (60) days. Staff (6/22/94): The applicant was advised in writing that any significant new or revised information should be submitted no later than June 27, 1994, for consideration at the Commission's August 16, 1994, public hearing. Also, the applicant was advised that a $50.00 deferral fee must be paid prior to the Commission's August I6, 1994, public hearing. 17 94SN0219/WP/JULY26G Applicant (7/1/94): The applicant paid the $50 deferral fee. Applicant, Matoaca District Commissioner, Area Residents and Staff (7/25/94): A meeting was held to discuss the proposal. Concerns were raised by area residents relative to area traffic, house sizes, garages, lot sizes, densities and restrictive covenants. The applicant agreed to submit additional proffered conditions to address some of these concerns. Applicant (7/29/94): The applicant submitted additional proffered conditions relative to house sizes, the maximum number of lots that could be developed on the property and the recordation of restrictive covenants. Planning Commission Meeting (8/16/94): The applicant accepted the recommendation. There was one (1) person presem in opposition. Concerns were expressed relative to overall area growth; the ratio used by the County to estimate the number of school children; and that the proposal did not conform to neighborhood trends. Mr. Gulley expressed concerns relative to overall area growth and the resultant impact on roads and schools. He indicated that he preferred R-12 zoning. Mr. Marsh indicated that numerous meetings had been held with area residents. He stated that with the proffered conditions, concerns had been addressed and that the zoning was compatible with'that which exists in the area. (NOTE: The request at this point included only the northern 54.5 acres of the currem proposal.) On motion of Mr. Marsh, seconded by Mr. Ctmningham, the Commission recommended approval and acceptance of the following proffered conditions: 18 94SN0219/WP/JULY26G PROFFERED CONDITIONS The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the time of building permit application for infrastructure improvements within the service district for the property: a. $5,043 per lot, if paid on or prior to June 30, 1994; or bo The amount approved by the Board of Supervisors not to exceed $5,043 per lot adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 1993, and July 1 of the fiscal year in which the payment is made if paid after June 30, 1994. o o Public water and sewer shall be used. With the exception of timbering to remove dead or diseased trees which has been approved by the Virginia State Department of Forestry, there shall be no timbering until a land disturbance permit has been obtained from Environmental Engineering and the approved devices installed. · Access to Lucks Lane shall be limited to one (1) public road. At time of tentative subdivision review, a second public road access located towards the eastern part of the property may be approved by the Transportation Department. If the second access is approved, the developer shall construct additional pavement along the eastbound lanes of Lucks Lane to provide a right-mm lane. The exact location of these accesses shall be approved by the Transportation Department. To provide for an adequate roadway system at the time of complete development, the developer shall be responsible for the following: Construction of a new crossover on Lucks Lane. The exact location of this crossover shall be approved by the Transportation Department. Construction of this new crossover shall include additional pavement along the eastbound and westbound lanes of Lucks Lane to provide a left-mm lane for both approaches. Construction of additional pavement along the eastbound lanes of Lucks Lane at the approved access to provide a right-turn lane. Construction of a residential collector (i.e., "no lot frontage" road) from Lucks Lane aligning the new crossover to the southern 19 94SN0219/WP/JULY26G property line. The exact location of this collector shall be approved by the Transportation Department. Do Construction of a three-lane typical section (i.e., one (1) southbound lane and two (2) northbound lanes) for the residential collector at its intersection with Lucks Lane. Dedication, free and unrestricted, to and for the benefit of Chesterfield County, any right of way for easements) required for the improvements identified above. Prior to any road and drainage plan approval, a phasing plan for the require road improvements identified in Proffered Condition 5 shall be submitted to, and approved by, the Transportation Department. The minimum gross square footage for homes shall be as follows: 1 story - More than 1 story - 1,600 gross square feet 1,800 gross square feet A maximum ~f 165 lots shall be developed on the property. The following Declaration of Restrictions shall be re~;orded in conjunction with the recordation of any subdivision plat: THE OWNERS do hereby declare that said property is to be held, owned, conveyed, used and occupied subject to the following restrictive covenants: An Architectural Review Committee, hereinafter called "ARC", shall be comprised of Douglas R. Sowers, his he,rs, 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 specifications set forth in "Architectural Review," attached hereto as Exhibit 'A" and made a part hereof. The Arc shall not be liable to any Owner '~r to any other person on account of any claim, liability, damage, or e:: ~se suffered or incurred by or threatened against an Owner or such ok:: 9erson arising out of or in any way relating to the subject matter of an'.: i.ew, acceptances, inspections, permissions, consents, or required apr,.~ : which must be obtained from the ARC whether given, granted, or v..: ::Ia. 20 94Slqff219/WP/JULY26G e o o No Improvemems, either permanent or temporary, alterations, 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 Douglas R. Sowers to an owner (including clearance of trees and vegetation, driveways, entrance ways, fences, mailboxes, and lamp post structures), shall be made or done until the plans, specifications, working drawings, and proposals for the same showing the nature, kind, shape, type, color, materials, and location of the improvements on the Lot and a landscaping plan shall have been submitted to and approved in writing as to harmony of external design and location in relations to surrounding structures, topography, and applicable governmental requiremems by the ARC. All easemems along road frontage and lot lines as shown on the aforesaid subdivision plat are hereby reserved umo the developer, his personal representatives, heirs, assigns, or agents, for the purpose of drainage or furnishing light, telephone or any other utility to the property. Lots shall be occupied and used as follows: Lots shall be used for private residential purposes only and no buildilag of any kind whatsoever shall be erected or maintained thereon except for: 2. 3: One private dwelling house with each dwelling being designated for occupancy by a single family. Private garages for the sole use of the respective owners of the Lots upon which such garages are erected. A single building for the storage of non-commercial vehicles, boats, equipment, and tools used in maintenance of the Lot upon which erected. No building shall be located on any lot nearer to any street or to a side line than is permitted under the applicable local zoning ordinance in effect at the time such building is constructed. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, 'or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently. The constxuction of any structure on a Lot shall be completed with a period of nine (9) months after the beginning of construction. During 21 94SN0219/WP/JULY26G 10. 11. 12. 13. construction, the Lot shall be maintained in a clean and uncluttered condition, free of unnecessary accumulation of waste and building debris. It is the responsibility of each Owner to prevent the development of any unclean, un.qighfly, or unkept 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. 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, his successors or assigns. No use shall be made of any Lot which will depreciate or adversely affect the surrounding Lots or the Property. Each residence constructed on a Lot shall be connected to a public sewer. No Lot shall be further subdivided without prior written consent of the ARC. However, the developer hereby expressly reserves for itself, its successors, and assigns, the right to re-subdivide any LOt or Lots shown on any recorded plan of subdivision of the Property prior to the delivery of a deed to said Lot or Lots without the prior written consent of any Lot Owner. Except for emergencies, which emergencies must be proven to the satisfaction of the ARC, no trees with a diameter of six (6) inches or more, measured two (2) feet from the ground, flowering trees, shrubs, or evergreens may be cleared from any Lot without prior written permission of the ARC. In the event a Lot Owner violates this covenant, the Lot Owner will be freed $25.00 per inch for every such tree removed and it shall be assumed that each tree had a diameter of twelve (12) inches. 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 22 94SN0219/WP/JULY26G 14. 15. 16. 17. 18. 19. 20. 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. 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. No external illumination on any Lot shall be of such a character or intensity or so located as to interfere with any other Owner's use or enjoyment of his Lot. No neon or flashing lights shall be permitted. All external lighting must be approved as to size and intensity by the ARC. Except during construction, no signs of any kind shall be displayed to the public view on any lot except: mo One sign not exceeding four (4) square feet in areas used for the purpose of advertising the Lot for sale or rent: and One sign not exceeding four (4) square feet in areas which identify the resident occupying the Lot, the name of the Lot, or both. No temporary, portable, or above-ground swimming pools may be erected on any Lot that will be visible from the street. No outside antennas, television or otherwise, shall be permitted; provided, however, that until cablevision 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. No construction shall be permitted without appropriate erosion control so as to prevent the discharge of any soil or other materials 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. 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 23 94SN0219/WP/JULY26G 21. 22. 23. 24. 25. 26. setback line, .but in no case shall it extend further forward than the rear of the house except with the approval of the ARC. No shrubs, trees, fences or structures of any type shall be erected which may partially or fully block vehicular sight distance, as set forth in the Virginia Highway Department regulations, on any roadway. No Lot owner shall disturb or siltate shoulder, backslopes, ditches, pavement, curb and gutter, driveway culverts, or any other improvements within the public right-of-way. Each Lot Owner agrees to be responsible for disturbances, damages, and/or siltation caused by themselves, their employees, suppliers, contractors, or others, and shall have fourteen (14) days from the receipt of a letter from the developer and/or the ARC to correct the damage. If a Lot Owner fails to correct the damage in a workmanlike manner, then the developer or its assigns shall have the right to correct the damage and bill the Lot Owner directly on a cost-plus-fifty- percent (50%) basis. If a Lot Owner does not make payment within thirty (30) days of presentation of the bill, a two percent (2 %) per month service charge shall be applied to such bill. Any one or more of the Covenants and Restrictions imposed in Paragraphs 1 thru 21 hereof may be waived, modified, or rescinded, in whole or in part, as to all of the Property or any Lot, by written instrument of the ARC. Invalidation of any of these covenants and conditions, by court adjudication or otherwise shall in no way modify, affect, or invalidate any of the other covenants and conditions contained herein which shall remain in full force and effect. Each and every covenant and condition herein imposed may be enforced by the undersigned or the owner of any lot by appropriate proceedings at law or in equity against any party violating or attempting or threatening to violate the same to prevent or rectify such violation and/or recover damages therefore. The failure of an owner or the undersigned to bring any such proceeding shall not be considered as a waiver of any rights at law or in equity that any such party may have for past or future violation of any covenant herein contained. These covenants and conditions are to run with the land and shall be binding upon subsequent o~er or owners and all parties claiming through or under such owner or ox~ers for a period of thirty (30) years from the date these covenants are re~lrded, after which time said covenants shall be 24: ~ 94SN0219/WP/JULY26G automatically extended for successive period of ten (10) years unless an instrument signed by a majority of the owners of the Lots has been recorded, revoking said covenants, or agreeing to change said covenants in whole or in part. EXHIBIT "A" 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 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 fu' (no salt treated stoops except when approved by ARC) Minimum 40 sq. ft. Concrete sidewalks Painted lattice under from porches - painted risers on steps, painted pickets and painted band on front porches Panel shutters on front windows Minimum 1 x 6 rake and facia boards No TI-1 ! siding 25 94SN0219/WP/JULY26G $300 allowance for shrubs White painted mailbox and lamp post comistent throughout subdivision Builder to leave as many trees as possible over 6 inches at the base Colors 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 Architectural Review Committee (ARC), which consists of Douglas R. Sowers, his successors, heirs, or assigns, 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 a 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. AYES: Messrs. Marsh, Cunningham, Easter and Miller. ABSTAIN: Mr. Gulley. Board of Supervisors Meeting (9/28/94): At the request of the applicant, the Board deferred this case for thirty (30) days. Staff (9/29/94): The applicant was advised in writing that any new information should be submitted no later than October 7, 1994, for consideration at the Board's October public hearing. The applicant was also advised that a $50 deferral fee was due. 26 94SN0219/WP/JULY26G Staff (10/13/94): To date, no new information had been submitted. The $50 deferral fee was paid. Board of Supervisors' Meeting (10/26/94): At the request of the applicant, the Board deferred this case for thirty (30) days. Staff (10/27/94): The applicant was advised in writing that any significant new or revised information should be submitted no later than November 7, 1994, for consideration at the Board's November 22, 1994, public hearing. Also, the applicant was advised that a $50 deferral fee must be paid prior to the Board's November public hearing. Applicant (11/3/94): The applicant paid the $50 deferral fee. Staff (11/16/94): To date, no new information had been received. Board of Supervisors' Meeting (11/22/94): At the request of the applicant, the Board deferred this case for thirty (30) days. Staff (11/23/94): The applicant was advised in writing that any new information should be submitted no later than November 28, 1994, for consideration at the Board's December public hearing. The applicant was also advised that a $50 deferral fee was due. Staff (12/5/94): To date, no new information had been submitted nor had the $50 deferral fee been paid. 27 94SN0219/WP/JULY26G Applicant (12/7/94): The applicant paid the $50 deferral fee. Board of Supervisors' Meeting (12/14/94): At the request of the applicant, the Board deferred this case for thirty (30) days. Staff (i2/20/94): The applicant was advised in writing that any significant new or revised information should be submitted no later than December 28, 1994, for consideration at the Board's January 25, 1995, public hearing. Also, the applicant was advised that a $50 deferral fee must be paid prior to the Board's January public hearing. Applicant (1/4/95): The applicant paid the $50 deferral fee. Board of Supervisors' Meeting (1/25/95): At the request of the applicant, the Board deferred this case for thirty (30) days. Staff (1/26/95): The applicant was advised in writing that any significant new or revised information should be submitted no later than February 2, 1995, for consideration at the Board's February 22, 1995, public hearing. ,also, the applicant was advised that a $50.00 deferral fee must be paid prior to the Board's February public hearing. Applicant (2/8/95): Staff received a letter from the applicant indicating his desire to have this case remanded to the Planning Commission for the purpose of amending the request to include property 28 94SN0219/WP/JULY26G which was subject to a zoning case pending before the Planning Commission. The combined land area would then be approximately 90.6 acres. Applicant (2/9/95): The applicant paid the $50.00 deferral fee. Board of Supervisors' Meeting (2/22/95): At the request of the applicant, the Board remanded this case to the Planning Commission. Applicant (2/24/95): The applicant amended this request and submitted revised proffered conditions. Applicant (3/2/95): The applicant requested that this case be advertised for the April 18, 1995, Planning Commission meeting to have an opportunity to meet with area residents prior to the Commission considering the amended request. Applicant, the Matoaca and Clover Hill District Commissioners and Area Residents (3/24/95): A meeting was held to discuss the proposal. Concerns were expressed relative to the quality of development and the impacts on schools, roads and other capital faciIities. It was generally agreed that another meeting was necessary. Planning Commission Meeting (4/18/95): On their own motion, the Commission deferred this case for sixty (60) days to allow the applicant to meet with area residents. 29 94SN0219/WP/JULY26G Staff (4/19/95): The applicant was advised in writing that any significant new or revised information should be submitted no later than May 15, 1995, for consideration at the Commission's June 20, 1995, public hearing. Applicant, Matoaca and Clover Hill District Commissioners, Area Residents and Staff (5/3/95): A meeting was held to discuss the proposal. Concerns were expressed relative to the quality of development and the impacts on area schools, roads and other capital facilities. Applicant (6/2~95): The applicant submitted revised proffered conditions relative to impacts on schools; house sizes adjacent to Exbury Subdivision, Section 3; and lot sizes adjacent to R-12 zoned properties. Planning Commission Meeting (6120195): The applicant did not accept the recommendation. Opposition was present. Concerns were expressed relative to the proposed density and the resulting impact on area schools and roads. Mr. Marsh stated that this proposal did not fully address the impact on area services. He expressed his concern over the lack of the applicant's response to issues raised by area residents and to date the applicant had not responded. Mr. Marsh stated that the difference between this case and the case previously brought before the Commission was that the original case involved fifty (50) acres with one (1) person in opposition and the present case involved ninety (90) acres with substantial opposition. Mr. Marsh stated that even though the applicant had proffered that any lots adjoining existing R-12 zoned property would be at least 12,000 square feet, the request would allow a large mount of R-9 size lots. Mr. Marsh stated that he was unsure of the amount of wetlands which exist, but felt that such information would be significant in determining the appropriate density. Mr. Marsh stated that R-9 development would have a great impact on the County's schools and roads. He stated that while the applicant had addressed a portion of the impact on area schools, the proffers failed to address a fair contribution toward the impact on roads, fu'e, rescue and other services that would be required by the residents of this development. He stated that the issue of density and its impact on the community was by far the greatest obstacle to approval of this request. He stated that he would be willing to assist with any 30 94SN0219/WP/JULY26G movement toward resolution of this case prior to its being heard by the Board of Supervisors. Mr. Easter stated that the Zoning Ordinance provides for the protection of the population from undue density with respect to the health, safety and welfare issues regarding transportation, school, and fire services. He stated that this request did not provide such protection. Mr. Easter indicated that cash proffers, which are a voluntary contribution, are a means by which developers pay a fair share of the cost of infrastructure needs which the development generates. He stated that had the applicant offered the full cash proffer then that contribution would assist in addressing the impacts generated by the development, proportional to the impact. Mr. Easter stated that it was important to manage growth under the constraints of State law. Mr. Gulley stated that he did not support the fin'st case which offered a full cash proffer, because, in his opinion, R-9 zoning did not conform to the R-12 trend in the area. Mr. Gulley stated he was disappointed with the applicant's lack of response to area residents' concerns such as the use of trailers to accommodate overcrowding in area schools, the impact on the quality of education, as well as the impact on area roads, fire and rescue facilities. Mr. Cunningham stated that he was concerned with the potential adverse impact this development would have on the area and supported the comments made previously by his fellow Commissioners. On motion of Mr. Marsh, seconded by Mr. Easter, the Commission recommended denial of this request. AYES: Messrs. Marsh, Cunningham, Gulley, Easter and Miller. The Board of Supervisors, on Wednesday, July 26, 1995, beginning at 7:00 p.m., will take under consideration this request. 31 94SN0219/WP/JULY26G /?-9 · MONACAN HII LUCKS LANE ,4 SMOKETREE ;OUTH ..JAM! /?-9 A _-,, SN0219~ DED)~ .iREZ:A TO R-9 ...-'" SH.. 1:3 S 14 . MONACAN LUCKS ,4 ~OK' ;OUTH R'12 · ~ RECOMMENOEO ~m~AL CO~R i aaa =~ POSSiB~ S~ CONNECTION