95SN0212July 26, 1995 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
95SN0212
Dean Ted Patrick
Dale Magisterial District
Southeast quadrant of Salem Church Road and Timbercreek Drive
REQUEST: Rezoning from Agricultural (A) to Residential (R-9)
PROPOSED LAND USE:
A single family residential subdivision with an average lot size of 12,000 square
feet is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
sTAFF RECOMMENDATION
Recommend approval subject to Proffered Conditions 14 and 16 being modified. This
recommendation is made for the following reasons:
The proposed zoning and land use conforms with the Central Area Land Use and
Transportation Plan which designates the property for residential use of 1.51 to 4.0
units per acre. As proposed, this development would yield approximately 2.4
dwelling units per acre.
The proposed zoning and land use conforms with existing and anticipated area
development.
Proffered Condition 14 would not provide for the typical rear yard for lots abutting
Salem Woods, Section E, exclusive of the tree preservation area. Also, the proffer
would not allow for the removal of dead, diseased or dying trees.
D. Proffered Condition 16 has several typographical errors that need correction.
(NOTES: A.
THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER
CONDITION. THE PROPF__~TY OWNER(S) 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 CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS
WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY
STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL
CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
(STAFF) 1.
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. $5,083 per lot, if paid on or prior to June 30, 1995; or
bo
The amount approved by the Board of Supervisors not to
exceed $5,083 per lot adjusted upward by any increase in
the Marshall and Swift Building Cost Index Between July 1,
1994 and July 1 of the fiscal year in which the payment is
made if paid after June 30, 1995.
(STAFF) 2.
(STAFF) 3.
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 the
Environmental Engineering Department and the approved devices installed.
The public water and wastewater systems shall be used.
(STAFF) 4.
At time of recordation of a subdivision plat, thirty-five (35) feet of right-of-
way on the east side of Salem Church Road, measured from the centerline
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95 SN0212/WP/JULY26H
(STAFF)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
(STAFF)
o
11.
12.
of that part of Salem Church Road immediately adjacent to the property
shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County.
Access to Salem Church Road shall be limited to one (1) public road. At
time of tentative subdivision review, a second public road access may be
approved by the Transportation Department. The exact location of these
accesses shall be approved by the Transportation Department.
To provide for an adequate roadway system at the time of the complete
development, the developer shall be responsible for the following:
Construction of additional pavement along Salem Church Road at
the approved access(es) to provide left- and right-mm lanes, if
warranted based on Transportation Department standards; and
Dedication to and for the benefit of Chesterfield County, free and
unrestricted, any additional right-of-way (or easement(s)) required
for the improvements identified above.
Prior to any road and drainage plan approval, a phasing plan for required
road improvements, as identified in Proffered Condition 6 shall be
submitted to, and approved by, the Transportation Department.
The overall average lot size shall be a minimum of 12,000 square feet.
The minimum gross floor area of dwelling units shall be as follows:
1200 gross square feet - Rancher
1414 gross square feet - Cape Cod
1496 gross square feet - 2 story
A total of 175 lots shall be permitted.
A buffer shall be provided along Salem Church Road. The exact width and
treatment shall be approved by the Planning Commission at the time of
tentative subdivision plan approval.
A tentative subdivision plan for the entire property shah be submitted to the
Planning Commission for review and approval. The last known president
of Ashton Woods South, Chesswood, Sunbury Two and Salem Woods
Homeowner's Associates, shall be mailed notices by the owner/developer
of tentative subdivision plan submission to Chesterfield County. Prior to
3 95SN0212/WP/JULY26H
(STAFF)
(STAFF)
(STAFF)
13.
14.
15.
16.
tentative subdivision plan approval, the owner/developer shall provide the
Planning Department with evidence of such mailings.
Prior to the issuance of a land disturbance permit, all delineated wetlands
outside the Resource Protection Area (RPA) shall be approved by the Corps
of Engineers and a written copy of all approvals shall be submitted to
Environmental Engineering.
A twenty-five (25) foot tree preservation strip shall be maintained along the
southern property line adjacent to the existing residential lots within Salem
Woods, Section "E." All trees eight (8) inches in caliper or greater shall
be retained. This tree preservation area shall be exclusive of easements.
A minimum 15' rear yard setback shall be provided exclusive of the tree
preservation area.
Stormwater shall be retained on site based upon the post development 2, 10
and 100 year storm and the release rate shall be no greater than the
predevelopment 2, 10, 100 year storms unless a drainage study, which
includes flood routing, approved by Environmental Engineering is
submitted which indicates that alternative designs will insure that existing
downstream homes upon full development of the subject property along
Great Branch Creek from Salem Woods Subdivision to its confluence with
Proctors Creek and along Proctors Creek from Salem Church Road and
Route 288 will be located a minimum of twenty (20) feet from the
floodplain(s) or that retention/detention for quantity will not increase the
recorded floodplain(s).
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.
(1)
No lot shall be used except for residential and related purposes. No
residence shall be erected, altered, placed or permitted to remain on
any lot other than one detached single-family dwelling not to exceed
two and one-half stories in height and a private garage for no more
than two cars. No fence or wall, except approved fences, approved
by the Architectural Control Committee, shall be erected, placed or
altered on any lot. Nothing contained herein shall be deemed to
prohibit the use of a lot or lots for the purposes of providing
residential utility services to and for other lots.
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95 SN0212/WP/JULY26H
(2)
(3)
(4)
(5)
(6)
(7)
The minimum square footage of dwelling shall be as follows:
(a)
(b)
(c)
Two story - 1496 gross square feet
Cape - 1414 gross square feet
One story - 1200 gross square feet
No building shall be located on any lot nearer to the front line of a
lot or nearer to the side street than the minimum building setback
shown on recorded plat.
Any dwelling or building constructed on this property shall have an
exterior finish of brick, stone, or Grade B or better weather
boarding or wood siding, or any other finish approved by the
Architectural Control Committee, except that guest house, servant
cottage or dependency buildings may be constructed of other types
clapboard or masonry, provided all buildings shall be painted or
stained, and finished in a workmanlike manner and similar in
appearance to dwelling. All buildings shall be covered with
permanent type roofing of slate, high quality asbestos or asphalt
shingles, tile, or other equal or similar roofing. No lot
owners/builders shall use plastic or aluminum siding, paneled siding
such as T-111, plywood or masonite type panels as siding on any
homes. All foundations shall be of brick, stone or equal as
approved by the Architectural Committee.
Successors in title to lots shall not be permitted to further subdivide
any lots without the consent or approval of the developer or their
assigns, or as otherwise provided herein.
No building shall be erected, placed, or altered on any lot until the
construction plans and specifications and a plan showing the
location of the structure have been filed with the approved by the
Architectural Control Committee as to quality of workmanship and
materials, harmony of exterior design, and as to location with
respect to topography and finish grade elevation. No fence or wall
shall be erected, placed or altered on any lot nearer to any street
than the minimum building setback line unless similarly approved.
The Architectural Control Committee is composed of the following
three persons: The Developer, an Architect or Engineer, and a third
member appointed by the Developer.
5 95SN0212/WP/JULY26H
(8)
(9)
(10)
(11)
(12)
(13)
The committee shall designate a representative to act for it. In the
event of the death or resignation of one of the members of the
Committee, the remaining members shall have full authority to
designate a successor, provided said successor is the owner of a lot
n the subdivision. Neither the members of the committee nor its
designated representative shall be entitled to any compensation for
services performed pursuant to this covenant; provided, however,
the Committee may employ an architect to assist in its work, in
which event, a charge not in excess of $50.00 may be made for
services of said architect, such mount to be paid by any lot owner,
the consideration of whose plans, in the opinion of said Committee
require the services of said architect.
The committee's approval or disapproval as required in these
covenants shall be in writing.
Easements for utilities and drainage are reserved as shown on the
recorded plat. The right is reserved to the developer their
successors and assigns, to establish and grant any additional
easements along, over, upon and across any lots owned by it,
(located when possible along lot lines) and along, over, upon and
across any streets, alleys, avenues or drives for the purpose of
furnishing utilities and/or drainage in or through said subdivision.
No structure of a temporary character, trailer, basement, tent,
shack, garage, barn, other outbuilding shall be used on any lot at
any time as a residence, either temporarily or permanently.
No animals, livestock or poultry of any kind shall be raised, bred,
or kept on any lot, except dogs, cats, or other household pets which
may be kept, provided they are not kept, bred or maintained for any
commercial purposes.
No sign of any kind shall be displayed to the public view on any lot
except on sign of not more than four (4) square feet advertising the
property for sale, and a sign used by a builder to advertise the
property during the construction and sales period not to exceed
twenty-four (24) square feet.
These covenants are to run with the land and shall be binding on all
parties and all persons claiming under them for a period of thirty
years from the date these covenants are recorded, after which time
said covenants shall be automatically extended for successive
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95 SN0212/WP/JULY26H
(14)
(15)
(16)
periods of ten years unless an instrument signed by a majority of the
then owners of the lots has been recorded, agreeing to change said
covenants in whole or in part.
Enforcement shall be by proceeding at law or in equity against any
person or persons violating or attempting to violate any covenant
either to restrain violation or to recover damages.
Invalidation of any one of these covenants by judgement or court
order shall in no way affect any of the other provisions which shall
remain in full force and effect.
The Architectural Review Committee by unanimous consent, their
successors and assigns, expressly reserve the right to waive, amend
or change any or all of said conditions and restrictions as to any lots
owned by them; and, with the consent of the owner thereof, as to
any lots therein, heretofore or hereafter sold or conveyed by them.
The sole right of the Committee to amend these restrictions shall
terminate when all of the above described lots shall have been sold
or conveyed by them, and thereafter, these conditions and
restrictions may be waived, amended or changed by the owners of
a majority of the above described homeowners.
Except that no such waiver, amendment or change shall be made
which will permit any lots in the subdivision to be used for any
purpose other than for a single family dwelling site or for providing
residential utility services to the subdivision.
GENERAL INFORMATION
Location:
Located in the southeast quadrant of Salem Church Road and Timbercreek Drive. Also
located at the western terminus of Plum Street and the northern terminus of Chipping
Drive. Tax Map 80-15 (1) Parcel 13 (Sheets 22 & 31).
Existing Zoning:
A
7 95SN0212/WP/JULY26H
Size:
74.4 acres
Existing Land Use:
Vacant
Adjacent Zoning & Land Use:
North - R-9; Single family residential or vacant
South - R-7 and A; Single family residential or vacant
East - R-7; Single family residential
West - R-7 and A; Single family residential or vacant
PUBLIC FACILITIES
Utilities:
Public Water System
A sixteen (16) inch water main is located along the west side of Salem Church Road. An
eight (8) inch water main is located along Timbercreek Drive within the Ashton Creek
South Subdivision. The applicant has proffered the use of the public water system
(Proffered Condition 3). The results of a computer-simulated flow test indicate that
sufficient flow and pressure should be available to meet domestic and fire protection
demands of the proposed use. Fire flow requirements are established and coordinated
through Fire Administration.
Public Water System
A twenty-one (21) inch wastewater trunk is located along the eastern boundary of the
request site and a fifteen (15) inch wastewater trunk is located along the northern
boundary. In addition, an eight (8) inch wastewater collector is located in the stub of
Chipping Drive in Salem Woods Subdivision at the southern boundary of the request site.
The applicant has proffered the use of the public wastewater system (Proffered Condition
3). The results of a computer simulated hydraulic analysis indicate that sufficient capacity
should be available to support this development.
8
95SN0212/WP/JULY26H
Environmental:
Drainaee and Erosion
Property drains to Proctors Creek and Great Branch and then to the James River. Proctors
Creek and Great Branch generally form the northern and eastern boundaries of the request
site, respectively. There are no major existing or anticipated on- or off-site drainage or
erosion problems; however, there are some very wide, wet, flat areas adjacent tothe
creeks. It may be necessary to obtain off-site easements for runoff.
The applicant has proffered that, with the exception of timbering to remove dead or
diseased trees which has been approved by the Department of Forestry, there will be no
timbering until a land disturbance permit has been obtained from the Environmental
Engineering Department (Proffered Condition 2). This will insure that proper erosion
control measures are in place prior to any timbering and related land disturbance.
To address concerns which have been expressed by area residents relative to drainage
problems, the applicant has a proffered condition relative to on-site retention unless a
drainage study indicates that downstream homes will be located at least twenty (20) feet
from the floodplain or that retention/detention for quantity will not increase the recorded
floodplains (Proffered Condition 15). Further, to insure that all wetlands outside the
Resource Protection Area (RPA) are delineated prior to any land disturbance, Corps of
Engineer approvals will be submitted to Environmental Engineering. (Proffered
Condition 13)
Fire Service:
Airport Fire Station, Company #15. Provide County water and fire hydrants for fire
protection purposes in compliance with nationally recognized standards (i.e., National Fire
Protection Association and Insurance Services Office).
Schools:
Approximately 100 school age children could be generated by this development. The site
lies in the Salem Elementary School attendance zone: capacity - 770, enrollment - 784;
Salem Middle School zone: capacity - 1,235, enrollment - 1,089; and Lloyd Bird High
School zone: capacity - 1,575, enrollment - 1,888. Renovations to Bird High School are
planned for the near future.
This development will have an impact on area schools. The applicant has agreed to
participate in the cost of providing for area school needs. (Proffered Condition 1)
9 95 SN0212/WP/JULY26H
Transportation:
The applicant has proffered a maximum density of 175 residential lots (Proffered
Condition 10). Development is anticipated to generate approximately 1,730 average daily
trips. These vehicles will be distributed along Salem Church Road which had a 1992
traffic count of 7,267 vehicles per day.
The Thoroughfare Plan identifies Salem Church Road as a collector with a recommended
right of way width of seventy (70) feet. The applicant has proffered to dedicate thirty-five
(35) feet of right of way measured from the centerline of Salem Church Road in
accordance with that Plan. (Proffered Condition 4)
Access to collectors such as Salem Church Road should be controlled. The applicant has
proffered to limit access to Salem Church Road to one (1) public road (Proffered
Condition 5). This access to Salem Church Road should be located approximately midway
between the Timbercreek Drive intersection and the Sara Kay Drive intersection. The
proffer would also allow at time of tentative subdivision review, the Transportation
Department to approve a second public road access to Salem Church Road. This second
access would be located between the Sara Kay Drive intersection and the Fox Hollow
Drive intersection. This second access may be approved if adequate separation can be
provided between the existing and proposed intersections to accommodate sufficient mm
lane storage.
Mitigating road improvements should be provided for the requested density. The applicant
has proffered to construct additional pavement along Salem Church Road to provide left
and right turn lanes at each approved access if warranted based on Transportation
Department standards (proffered Conditions 6 and 7).
Area roads need to be improved to address safety and accommodate an increase in traffic
generated by this development. The applicant has proffered to contribute cash towards
"off-site" road improvements in accordance with the Board's policy. (Proffered Condition
1)
The Planning Commission 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. In accordance with that policy, it may be necessary to construct a
collector road (i.e., "no lot frontage" road) from Salem Church Road through a part of the
subject property.
The right-of-way for Chipping Drive in the Salem Woods Subdivision and the right-of-way
for Plum Street in the Chesswood and Sunbury Two Subdivisions are stubbed to the
subject property. In accordance with the Planning Commission stub road policy, these
stub road rights-of-way should not be extended into the subject property if traffic generated
10
95SN0212/WP/JULY26H
by this development, plus the potential cut-through traffic, causes traffic volumes on those
adjacent residential streets to exceed 1,500 vehicles per day. Based on this policy, neither
Chipping Drive nor Plum Street should be used for access to the subject property. At time
of tentative subdivision review, specific recommendations will be provided regarding
access and the internal road network, including development of a residential collector
through part of this property.
Financial Impact on Capital Facilities:
PER UNIT
Potential # New Dwelling Units 175' 1.00
Population Increase 490.00 I 2.8
Number New Students
Elementary 49.70 0.28
Middle 23.10 0.13
High 27.48 0.16
Total 100.28 0.57
Net Cost for Schools 376,950 2,154
Net Cost for Parks 95,550 546
Net Cost for Libraries 40,250 230
Net Cost for Fire Stations 38,675 221
Average Net Cost Roads 383,775 2,193
Total Net Cost 935,200 5,344
*Based on proffered density.
The proposed zoning and land use will have a fiscal impact on capital facilities. Consistent with
the Board of Supervisors' policy, the applicant has offered cash proffers to address the impact of
this proposed development on such capital facilities. (Proffered Condition 1)
11 95 SN0212/WP/JULY26H
LAND USE
General Plan:
Lies within the boundaries of the Central Area Land Use and Transportation Plan which
designates the property for residential use of 1.51 to 4.0 units per acre.
Area Development Trends:
The surrounding properties are characterized by single family residemial uses and vacant
parcels zoned Agricultural (A) and Residential (R-7 and R-9). The developed adjacent
residential property consists of Ashton Woods South Subdivision with a density of 2.47
lots per acre; Chesswood Subdivision with a density .of 3.48 lots per acre; Salem Woods
Subdivision with a density of 2.59 lots per acre; Afton Subdivision with a density of 3.38
lots per acre; and Sunbury Two Subdivision with a density of 3.25 lots per acre.
In response to citizens' concerns, the applicant has agreed to an overall average lot size
of a minimum of 12,000 square feet (Proffered Condition 8); to limit development to a
maximum of 175 lots, yielding a density of approximately 2.35 lots per acre (Proffered
Condition 10); and to have a tentative subdivision plan of the entire property submitted to
the Planning Commission for review and approval. (Proffered Condition 12)
Restrictive Covenants:
The applicant has proffered to record restrictive covenants. It should be noted that the
County will not be responsible for enforcemem of the covenams, only that the covemnts
be recorded (Proffered Condition 16). The proffer contains several typographical errors
which need to be corrected.
House Size:
To address citizens' concerns relative to house sizes, the applicant has agreed to house
sizes equal to those proffered in Ashton Woods South. (Proffered Condition 9)
Buffers and Tree Preservation:
To address concerns by area residems relative to buffers, the applicant has agreed to
provide a buffer along Salem Church Road (Proffered Condition 11). Typically, at time
of tentative subdivision plan review, staff would recommend a buffer along Salem Church
Road to control access as well as minimize the view of rear yards from the road.
12
95 SN0212/WP/JULY26H
In addition, while a "buffer" is not typically provided between like uses, to address
concerns of Salem Woods, Section E residents, the applicant has proffered a twenty-five
(25) foot tree preservation strip along the southern property line of the request site adjacent
to Salem Woods, Section E (Proffered Condition 14). While a minimum fifteen (15) foot
rear yard is proposed exclusive of the tree preservation area, staff is of the opinion that
the minimum twenty-five (25) foot rear yard required in the R-9 District should be
provided. The twenty-five (25) foot yard would allow sufficient area for homeowners to
install decks and/or usual accessory structures. In addition, as styled, the condition does
not allow for the removal of dead, diseased or dying trees which are eight (8) inches in
caliper or greater.
Conclusions:
The proposed zoning and land use conforms with the Central Area Land Use and
Transportation Plan and with existing and anticipated area development. Therefore,
approval of this request is recommended, subject to modification of Proffered Condition
14.
CASE HISTORY
Planning Commission Meeting (2/21/95):
At the request of the applicant, the Commission deferred this case for sixty (60) days.
Staff (2/22/95):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than February 27, 1995, for consideration at the
Commission's April 18, 1995, public hearing. Also, the applicant was advised that a
$50.00 deferral fee must be paid prior to the Commission's April public hearing.
Area Citizens, Staff and Dale District Commissioner (3/8/95):
A meeting was held to discuss this case. Citizens raised concerns relative to traffic,
density, house size, drainage and environmental issues.
13 95SN0212/WP/JULY26H
Applicant, Area Residents, Dale District Commissioner and Staff (3/29/95):
A meeting was held to discuss concerns of area residents. The applicant indicated an
intent to submit additional proffered conditions in an attempt to address those concerns.
Staff (3/31/95):
To date, no new information has been received nor has the $50.00 deferral fee been paid.
Applicant (4/18/95):
The $50.00 deferral fee was paid.
Planning Commission Meeting (4/18/95):
The Commission, on their own motion, deferred this case for sixty (60) days to allow the
applicant to meet with area property owners.
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.
Applicam, Area Residents, Dale District Commissioner and Staff (5/10/95):
A meeting was held to discuss concerns of area residents. Concerns were expressed
relative to house sizes, density and drainage.
Applicant (6/6/95):
Amended and additional proffered conditions were submitted.
14
95 SN0212/WP/JULY26H
Applicant (6/20/95):
Revisions were submitted to Proffered
(Proffered Condition 16) was submitted.
Condition 6 and
14 and an additional proffer
Planning Commission Meeting (6/20/95):
The applicant did not accept the recommendation. There was opposition present.
Concerns were expressed relative to lot size; density; house size; the potential number of
ranch style homes; the impact on area drainage, schools, and roads; and the impact on
other County services such as police and fire.
Mr. Miller stated that he was concerned with the density of this development and how it
related to the quality of life for area residents with regards to traffic, drainage and schools.
Mr. Miller stated that the lack of a wetland delineation presented a disadvantage when
trying to determine the approximate acreage that could sustain development, which
according to information readily available appeared to be approximately 44.4 acres of the
74.4 acres total. Mr. Miller stated that while many of the developments surrounding this
property are zoned R-7, lower densities exist. He stated that R-9 zoning was no longer
viable for consideration given existing area development. He stated that the appropriate
density for this development should be based upon developable acres. He noted that the
175 units proposed on the 44.4 acres yields a density of approximately 3.9 units per acre,
far exceeding that of adjacent developments. Mr. Miller stated that even though R-7
zoning existed in the area, it was the responsibility of government to provide for a density
that was more in keeping with current trends and harmony with the surrounding
community. Mr. Miller stated that the density of this request was excessive, the proposed
house sizes were not comparable with area trends and it was unclear as to the impact on
area residences regarding runoff from this site. Mr. Miller stated that excepting the cash
proffers, there remained substantial health, safety and welfare issues regarding traffic and
schools due to the density proposed.
Mr. Cunningham stated that he agreed with Mr. Miller's observations and supported Mr.
Miller's recommendation.,
Mr. Marsh stated that the densities of the surrounding developments was less than typical
R-7 or R-9 development and that this request, given the fact that approximately thirty (30)
acres were undevelopable, would create a development with a density too great to be
assimilated into this area. Mr. Marsh stated that the reason this property had not been
developed previously may be due to the fact that thirty (30) acres are undevelopable.
Mr. Gulley stated that it was necessary to consider the impacts on existing development
and the level of service the County would be able to provide, instead of focusing on the
15 95SN0212/WP/JULY26H
cash proffer :tssue. Mr. Gulley stated that it becomes necessary to consider past actions
to determine the best course of action in protecting the health, safety, and welfare of
citizens. Mr. Gulley stated that he was not satisfied that the concerns regarding the
environmental mapact this development would have on the surrounding area had been
adequately addressed. Mr. Gulley stated that he supported Mr. Miller's position.
Mr. Easter stated that the applicant's voluntary cash proffer did address many of the
impacts this development would generate, but did not address the issue of compatibility
with the surrounding neighborhoods, as well as the environmental impact.
On motion of Mr. Miller, seconded by Mr. Gulley, the Commission recommended denial
of Case 95SN0212.
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.
16
95 SN0212/WP/JULY26H
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12
A TO R-9,
July 18, 1995
Beverly Musselman
Chesterfield Planning Department
Post Office Box 40
Chesterfield, Virginia 23832
SALEM CHURCH ROAD REZONING
95SN0212
Dear Beverly,
We hereby add the following proffer:
0
To provide for an adequate roadway system at the time of
the complete development, the developer shall be
responsible for the following:
ae
Construction of additional pavement along Salem Church
Road at the approved access(es) to provide left and
right turn lanes, if warranted based on Transportation
Department standards; and
Be
Dedication to and for the benefit of Chesterfield
County, free and unrestricted, any additional right-
of-way (or easement(s)) required for the improvements
identified above.
We hereby add the following to Proffer #14:
14.
A minimum l5' rear yard setback shall be provided exclusive
of the tree preservation area.
We hereby add the following proffer:
16.
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.
Beverly Musselman
July 18, 1995
Page II
(1)
(2)
(3)
(4)
(5)
No lot shall be used except for residential and
related purposes. No residence shall be erected,
altered, placed or permitted to remain on any lot
other than one detached single-family dwelling not to
exceed two and one-half stories in height and a
private garage for no more than two cars. No fence or
wall, except approved fences, approved by the
Architectural Control Committee, shall be erected,
placed or altered on any lot. Nothing contained
herein shall be deemed to prohibit the use of a lot or
lots for the purposes of providing residential utility
services to and for other lots.
The minimum square footage of dwelling shall be as
follows:
(a) Two story - 1496 gross square feet
(b) Cape - 1414 gross square feet
(c) One story - 1200 gross square feet
No building shall be located on any lot nearer to the
front line of a lot or nearer to the side street than
the minimum building setback shown on recorded plat.
Any dwelling or building constructed on this property
shall have an exterior finish of brick, stone, or
Grade B or better weather boarding or wood siding, or
any other finish approved by the Architectural Control
Committee, except that guest house, servant cottage or
dependency buildings may be constructed of other types
clapboard or masonry, provided all buildings shall be
painted or stained, and finished in a workmanlike
manner and similar in appearance to dwelling. All
buildings shall be covered with permanent type roofing
of slate, high quality asbestos or asphalt shingles,
tile, or other equal or similar roofing. No lot
owners/builders shall use plastic or aluminum siding,
paneled siding such as T-ill, plywood or masonite type
panels as siding on any homes. All foundations shall
be of brick, stone or equal as approved by the
Architectural Committee.
Successors in title to lots shall not be permitted to
further subdivide any lots without the consent or
approval of the developer or their assigns, or as
otherwise provided herein.
Beverly Musselman
July 18, 1995
Page III
(6)
(7)
(8)
(9)
No building shall be erected, placed, or altered on
any lot until the construction plans and
specifications and a plan showing the location of the
structure have been filed with and approved by the
Architectural Control Committee as to quality of
workmanship and materials, harmony of exterior design,
and as to location with respect to topography and
finish grade elevation. No fence or wall shall be
erected, placed or altered on any lot nearer to any
street than the minimum building setback line unless
similarly approved.
The Architectural Control Committee is composed of the
following three persons: The Developer, an Architect
or Engineer, and a third member appointed by the
Developer.
The committee shall designate a representative to act
for it. In the event of the death or resignation of
one of the members of the Committee, the remaining
members shall have full authority to designate a
successor, provided said successor is the owner of a
lot in the subdivision. Neither the members of the
committee nor its designated representative shall be
entitled to any compensation for services performed
pursuant to this covenant; provided, however, the
Committee may employ an architect to assist in its
work, in which event, a charge not in excess of $50.00
may be made for services of said architect, such
amount to be paid by any lot owner, the consideration
of whose plans, in the opinion of said Committee
require the services of said architect.
The committee's approval or disapproval as required in
these covenants shall be in writing.
Easements for utilities and drainage are reserved as
shown on the recorded plat. The right is reserved to
the developer, their successors and assigns, to
establish and grant any additional easements along,
over, upon and across any lots owned by it, (located
when possible along lot lines) and along, over, upon
and across any streets, alleys, avenues or drives for
the purpose of furnishing utilities and/or drainage in
or through said subdivision.
Beverly Musselman
July 18, 1995
Page IV
(10) No structure of a temporary character, trailer,
basement, tent, shack, garage, barn, other outbuilding
shall be used on any lot at any time as a residence,
either temporarily or permanently.
(11) No animals, livestock or poultry of any kind shall be
raised, bred, or kept on any lot, except dogs, cats,
or other household pets which may be kept, provided
they are not kept, bred or maintained for any
commercial purposes.
(12) No sign of any kind shall be displayed to the public
view on any lot except one sign of not more than four
(4) square feet advertising the property for sale, and
a sign used by a builder to advertise the property
during the construction and sales period not to exceed
twenty-four (24) square feet.
(13) These covenants are to run with the land and shall be
binding on all parties and all persons claiming under
them fora period of thirty years from the date these
covenants are recorded, after which time said
covenants shall be automatically extended for
successive periods of ten years unless an instrument
signed by a majority of the then owners of the lots
has been recorded, agreeing to change said covenants
in whole or in part.
(14) Enforcement shall be by proceeding at law or in equity
against any person or persons violating or attempting
to violate any covenant either to restrain violation
or to recover damages.
(15) Invalidation of any one of these covenants by
judgement or court order shall in no way affect any of
the other provisions which shall remain in full force
and effect.
Beverly Musselman
July 18, 1995
Page V
(16) The Architectural Review Committee by unanimous
consent, their successors and assigns, expressly
reserve the right to waive, amend or change any or all
of said conditions and restrictions as to any lots
owned by them; and, with the consent of the owner
thereof, as to any lots therein, heretofore or
hereafter sold or conveyed by them. The sole right of
the Committee to amend these restrictions shall
terminate when all of the above described lots shall
have been sold or conveyed by them, and thereafter,
these conditions and restrictions may be waived,
amended or changed by the owners of a majority of the
above described homeowners.
Except that no such waiver, amendment or change shall
be made which will permit any lots in the subdivision
to be used for any purpose other than for a single
family dwelling site or for providing residential
utility services to the subdivision.
Sincerely,
Dean Patrick
194186