CASE NUMBER: 15SN0562 APPLICANT: R. E. Collier Builder, Inc. APPLICANT S REQUEST

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1 CASE NUMBER: 15SN0562 APPLICANT: R. E. Collier Builder, Inc. ADDENDUM CHESTERFIELD COUNTY, VIRGINIA Magisterial District: CLOVER HILL Board of Supervisors (BOS) Public Hearing Date: JANUARY 28, 2015 BOS Time Remaining: 365 DAYS Applicant s Agent: Andrew Scherzer ( ) Applicant s Contact: Richard Collier ( ) Planning Department Case Manager: Darla Orr ( ) APPLICANT S REQUEST Rezoning from Agricultural (A) to Residential (R-15) plus conditional use planned development to permit exceptions to ordinance requirements A single-family residential subdivision with a maximum density of eight dwelling units per acre, yielding approximately 1.54 dwelling units per acre, is planned. (Proffered Condition 3)] (NOTE: Conditions may be imposed or the property owner may proffer conditions.) ADDENDUM The purpose of this Addendum is to update the Applicant s Request section of the report to clarify the maximum density as proffered with this case. At the Commission meeting the applicant agreed to amend Proffered Condition 3 to require the maximum density not to exceed eight (8) lots. Proffered Condition 3 (as amended) was included in the Board s report for this case, but the Applicant s Request section on page 1 of the report was not subsequently updated. The Applicant Request section has been updated with this Addendum. Staff continues to recommend approval of this request as outlined on Page 2. Providing a FIRST CHOICE community through excellence in public service

2 RECOMMENDATION RECOMMEND APPROVAL STAFF Complies with Comprehensive Plan Addresses development impacts 2 15SN JAN28-BOS-ADD

3 Board of Supervisors (BOS) Public Hearing Date: JANUARY 28, 2015 BOS Time Remaining: 365 DAYS CASE NUMBER: 15SN0562 APPLICANT: R. E. Collier Builder, Inc. STAFF S ANALYSIS AND RECOMMENDATION Applicant s Agent: Andrew Scherzer ( ) Applicant s Contact: Richard Collier ( ) Planning Department Case Manager: Darla Orr ( ) APPLICANT S REQUEST CHESTERFIELD COUNTY, VIRGINIA Magisterial District: CLOVER HILL Rezoning from Agricultural (A) to Residential (R-15) plus conditional use planned development to permit exceptions to ordinance requirements A single-family residential subdivision with a maximum density of two (2) dwelling units per acre, yielding approximately ten (10) dwelling units, is planned. (Proffered Condition 3)] (NOTES: A. Conditions may be imposed or the property owner may proffer conditions. B. Proffered conditions and a Textual Statement are located in Attachments 1 and 2.) PLANNING COMMISSION MEETING (12/16/14) STAFF RECOMMENDATION RECOMMEND APPROVAL RECOMMEND APPROVAL Complies with Comprehensive Plan Addresses development impacts Providing a FIRST CHOICE community through excellence in public service

4 Department SUMMARY OF IDENTIFIED ISSUES Issue PLANNING - BUDGET AND MANAGEMENT - FIRE - PARKS AND RECREATION - LIBRARIES - SCHOOLS - CDOT - VDOT - UTILITIES - ENVIRONMENTAL ENGINEERING SN JAN28-BOS-RPT

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6 Map 2: Comprehensive Plan (Eastern Route 360 Corridor Plan) Classification: MIXED USE CORRIDOR USE The designation suggests the property is appropriate for a mix of residential uses incorporating high quality architectural features, site amenities and a design to maintain open space; offices; churches; public facilities; and similar uses. Map 3: Surrounding Land Uses & Development Bexley Bexley East Rams Crossing LaPrade Library Hull Street Road 4 15SN JAN28-BOS-RPT

7 PLANNING Staff Contact: Darla Orr ( ) PROPOSAL A single-family residential subdivision with reduced lot sizes and setbacks is proposed. The following provides an overview of the development s design standards: Requirements Master Plan Density Lot Sizes & Setbacks Open Space/Recreation Street trees & landscaping Architectural Treatment Driveways and walks Building Materials Front Loaded Garages House Sizes General Overview Details The Textual Statement serves as the master plan and outlines exceptions to permit reduced lot sizes and setbacks Proffered Condition 1 Maximum of eight (8) lots* *To address concerns of an adjacent property owner, the applicant modified Proffered Condition 3 at the Commission s public hearing to specify a maximum number of lots instead of a maximum allowable density per acre. Proffered Condition 3 A minimum of 7,200 square feet with overall average not less than 10,000 square feet; Setbacks meet R-7 standards Textual Statement Item III.D Permanent open space equivalent to area by which each lot is being reduced below 15,000 square feet to be provided as common area within the development Includes any required buffers Includes 0.4 acre focal point Only passive recreational facilities permitted Ordinance, Proffered Condition 2 & Textual Statement III.A & B Street trees required on both sides of roads providing general circulation Landscaping required within yards & along front foundations Proffered Condition 4.B. Compatible with styles within Bexley Subdivision with varied styles along streets Proffered Condition 4.C.1 and 4.C.2 Driveways will be hardscaped with hardscaped front walks required Proffered Condition 4.A. Permitted materials established for roofs, facades and front porches; vinyl is not permitted. Proffered Conditions 4.C. and 4.D. Not permitted Textual Statement III.C. Minimum of 2,350 square feet of gross floor area Proffered Condition SN JAN28-BOS-RPT

8 RESTRICTIVE COVENANTS To address concerns of area residents, Proffered Condition 8 requires the restrictive covenants provided in the proffer to be recorded with any subdivision plat. It is important to note that the County does not enforce restrictive covenants. 6 15SN JAN28-BOS-RPT

9 FINANCIAL IMPACT ON CAPITAL FACILITIES Budget and Management Staff Contact: Natalie Spillman ( ) The need for schools, parks, libraries, fire stations and transportation facilities in this area is identified in the County s adopted Public Facilities Plan, Thoroughfare Plan and Adopted Capital Improvement Program and further detailed by specific departments in the applicable sections of this request analysis. This proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire stations at $21,261 per unit. The applicant has requested a rezoning from Agricultural (A) to Residential (R-15) with a maximum density of eight (8) dwelling units, per Proffered Condition 3. To address the impact of this development on capital facilities, the applicant has proffered $18,966 per dwelling unit which is the maximum cash proffer in place. The proffer also includes language that would freeze the $18,966 contribution for a period of four (4) years after which it would be escalated by the cumulative change in the Marshall and Swift Building Code Index, a provision recently adopted by the Board of Supervisors. Note that circumstances relevant to this case, as presented by the applicant, have been reviewed, and it has been determined that it is appropriate to accept the maximum cash proffer of $18,966 for each dwelling unit. Per Dwelling Unit Impact on Capital Facilities FY15 Calculated Impact Applicant s Proposal $ 21,261 $ 18,966 1 Proffered Condition 5 1 Current maximum acceptable proffer per BOS policy. Overall Impact on Capital Facilities 8* Potential Units Facility Categories FY15 Calculated Impact Applicant s Proposal Schools $75,008 $66,912 Parks $10,616 $9,472 Libraries $2,720 $2,424 Fire Stations $6,288 $5,608 Roads $75,456 $67,312 Total $170,088 $151,728 *Per Proffered Condition SN JAN28-BOS-RPT

10 PUBLIC FACILITIES FIRE SERVICE Staff Contact: Greg Smith ( ) The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the environment through a comprehensive fire and life safety program that ensures an adequate and timely response to emergencies. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: 1 With the aging of population, medical emergency incidents are expected to increase faster than the rate of population growth over time. 1 The financial impact of residential development on fire facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Information: County-wide Fire & EMS Service Information & Needs Recommendations for Fire Stations by 2022 New 5 Replacement/Revitalization Incidents as a percent of total 1 Fire 24% EMS (Emergency Medical Services) 76% Fire/EMS Increases in Call Volume from 2001 and % County Population Increase from 2001 to % Fire Service - Project Impacts Estimated Number of Calls for Service Annually Applicant s Proposal to Address Impacts 1 Offered in Accordance with Policy When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Information relative to nearby fire and emergency service facilities can be found in Attachment 3 1 Proffered Condition SN JAN28-BOS-RPT

11 PARKS AND RECREATION Staff Contact: Brian Geouge ( ) The County supports a high-quality park system to provide residents and visitors with equitable access to active and passive recreation opportunities. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County-wide Parks and Recreation Needs Park Type Number of New Parks Aggregate Acreage Regional Community Neighborhood Special Purpose Urban Linear The Public Facilities Plan notes facility recommendations for water-based parks. All other facilities are acquired and developed on a site-by-site basis. 2 Facilities are recommended in urban areas where there is limited acreage available for park development. 3 Facility needs are assessed on a site-by-site basis as recommended in the Public Facilities Plan County Level of Service Target Level of Service Applicant s Proposal to Address Impacts 1 1 The financial impact of residential development on parks facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Information: Parks and Recreation Project Impacts 5.9 Acres of Regional, Community and/or Neighborhood parkland per 1,000 persons 9 Acres of Regional, Community and/or Neighborhood parkland per 1,000 persons Offered in Accordance with Policy Proffered Condition 5 Information relative to nearby parks and recreation facilities can be found in Attachment SN JAN28-BOS-RPT

12 LIBRARIES Staff Contact: Debra Winecoff ( ) The public library system s role in the county has expanded beyond its traditional function as a resource for information and materials, and now serves as a community gathering place for educational, cultural and informational services; community support during emergencies; economic development; and revitalization activities. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: Facility Action Expand or Replace Construction of New Facilities County-wide Library Needs County-wide Facility Needs 5 Libraries 5 Libraries 1 Community Arts Center Libraries - Project Impacts Applicant s Proposal to Offered in Accordance with Policy Address Impacts 1 Proffered Condition 5 1 The financial impact of residential development on library facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Library Information: Information relative to nearby library facilities can be found in Attachment SN JAN28-BOS-RPT

13 SCHOOLS Staff Contact: Dr. Cynthia O. Richardson ( ) High performing, high quality public schools contribute to the quality of life and economic vitality of the County. The Comprehensive Plan suggests a greater focus should be placed on linking schools with communities by providing greater access, flexible designs and locations that better meet the needs of the communities in which they are located. The Public Facilities Plan, as part of the Comprehensive Plan, indicates: County-wide School Needs School Types Facilities to Revitalize/Replace New Facilities Elementary 16 3 Middle 6 2 High 2 3 Technical - 1 Average Student Yield Applicant s Proposal to Address Impacts 1 Schools - Project Impacts Elementary 2 Middle 1 High 1 Total 4 Offered in Accordance with Policy Proffered Condition 5 1 The financial impact of residential development on school facilities is addressed in the Financial Impact on Capital Facilities section of the report. Additional Information: After review of this request, based on current school assignments and student enrollment the proposed rezoning case will have an impact on schools. It is possible that over time this case, combined with other tentative residential developments and other zoning cases in the area will continue to push these schools to their capacity and therefore impact the capacity of facilities division-wide. Information relative to schools currently serving area can be found in Attachment SN JAN28-BOS-RPT

14 COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide transportation needs that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and recommendations are detailed in the chart below: Cash Proffer Policy Recommendation Applicant s Proposal Offered in Accordance with Policy Proffered Condition 5 CURB DESIGN To address concerns of area citizens about curb design for the new development matching the existing curb in Bexley East, the applicant proffered to construct roll-face curb along new roads. (Proffered Condition 7) 12 15SN JAN28-BOS-RPT

15 VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker ( ) Traffic Impact Analysis (24VAC30-155) Access Management (24VAC30-73) VDOT Land Use Regulations Subdivision Street Acceptance (24VAC30-91/92) Land Use Permit (24VAC30-151) The threshold for submitting a Ch. 527 TIA of 5000vpd (500 homes) is not met with this case. Proposed subdivision access connection to Bexley East must comply with Access Management Regulation standards. Department acceptance of the subdivision roadways for maintenance is contingent on meeting the provisions of the Subdivision Street Acceptance Requirements SSAR s (24VAC30-92). Included in those provisions are meeting connectivity (two external connections to a publically maintained street or one connection and the provision for a stub out to an adjacent developable parcel) and pedestrian accommodations (street ADT dependant). Required for the connection of the new subdivision roadway to an existing state maintained route. Permit issuance is subject to site plan approval SN JAN28-BOS-RPT

16 WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland ( ) The proposal s impacts on the County s utility system are detailed in the chart below: Water and Wastewater Systems Currently Size of Existing Line Connection Required by County Code? Serviced? Water No 6 Yes Wastewater No 8 Yes Map 5: Existing Water & Wastewater Systems 14 15SN JAN28-BOS-RPT

17 ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard ( ) Environmental Engineering has no comment on this request SN JAN28-BOS-RPT

18 CASE HISTORY Applicant Submittals 8/8/2014 Application submitted 10/30/2014 Revised proffered conditions were submitted 11/19/2014 Revised proffered conditions and Textual Statement were submitted 12/8/2014 Revised proffered conditions and Textual Statement were submitted 12/16/2014 The applicant agreed to a revision to Proffered Condition 3 at the Commission hearing. 1/6/2015 Revised Proffered Condition 3 was submitted Community Meeting 11/3/14 Issues Discussed: House and lot sizes Prohibition of front loaded garages Maintenance of open space Erosion of creek through portion of the property Development complying with Bexley covenants Road stub to the south Vinyl as a permitted building material Planning Commission 11/18/14 Citizen Comments No citizens spoke to this case. Action DEFERRED TO DECEMBER 16, /16/14 Applicant Comments Proposal is compatible with Bexley East Quality assured through proffered conditions Citizen Comments In Support Applicant fully addressing impacts on capital facilities Quality development proposed Supported by Bexley Homeowners Association In Opposition Density too high and a condition should limit the number of lots Lot sizes and widths are less than those in Bexley East Commission Discussion In response to a question from Mr. Patton, the applicant agreed to amend Proffered Condition 3 to require the maximum density not to exceed eight (8) lots. Proffered conditions ensure a quality development, open space provision Compatible with Bexley development Reputable builder with proven quality development in area 16 15SN JAN28-BOS-RPT

19 Recommendation APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Gulley Seconded: Brown AYES: Walling, Patton, Brown, Gulley and Waller The Board of Supervisors on Wednesday, January 28, 2015 beginning at 6:30 p.m., will consider this request SN JAN28-BOS-RPT

20 PROFFERED CONDITIONS ATTACHMENT 1 Note: (STAFF/CPC) Recommended by the Planning Commission and Staff (STAFF/CPC) 1. Master Plan. The Textual Statement dated August 8, 2014, revised December 5, 2014, shall be considered the Master Plan. (P) (STAFF/CPC) 2. Buffers. All required buffers shall be located within recorded open space. (P) (STAFF/CPC) 3. Density. The maximum density of this development shall not exceed eight (8) lots. (P) (STAFF/CPC) 4. Architectural/Design Elements. A. Driveways/Walks 1. Driveways: All private driveways serving residential uses shall be hardscaped. 2. Front Walks: A minimum of a four (4) foot wide hardscaped front walk shall be provided to each dwelling unit. B. Landscaping and Yards 1. Street Trees: Street trees shall be planted or retained along both sides of all streets that provide general circulation. 2. Supplemental Trees: Prior to the issuance of a final Certificate of Occupancy for each dwelling unit, a minimum of one (1) flowering tree shall be planted in each front yard. At the time of planting, these supplemental trees shall have a minimum caliper of 2 measured at breast height (4-10 above ground). 3. Front Foundation Planting Beds: Foundation planting is required along the entire front façade of all dwelling units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of 4 wide from the unit 18 15SN JAN28-BOS-RPT

21 foundation. Planting beds shall include medium shrubs spaced a maximum of four (4) feet apart. Unit corners shall be visually softened with vertical accent shrubs (4-5 ) or small evergreen trees (6-8 ) at the time of planting. C. Architecture and Materials 1. Style and Form: The architectural styles shall be interpretations of traditional Richmond architecture, using forms and elements compatible with those in the adjacent Bexley Subdivision such as Georgian, Adam, Classical Revival Colonial, Greek Revival, Queen Anne, and Craftsman Styles. 2. Repetition: Dwellings with the same elevations may not be located adjacent to, directly across from, or diagonally across from each other on the same street. This requirement does not apply to units on different streets backing up to each other. 3. Foundations: The exposed portion of any foundation shall be brick or stone. Synthetic or natural stucco foundations may be permitted for façades constructed entirely of stucco. Rear walkout basement walls may be sided or cast concrete painted to match house. 4. Exterior Façades: Acceptable siding materials include brick, stone, masonry, stucco synthetic stucco (E.I.F.S), and approved horizontal lap siding. Horizontal lap siding may be manufactured from natural wood or cement fiber board. Plywood, vinyl and metal siding are not permitted. Additional siding requirements: a. Where a dwelling borders more than one street, all street-facing facades shall be finished in the same materials. b. Cementitious siding is permitted in traditional wide beaded styles only, unless otherwise approved by the Architectural Board for special design conditions SN JAN28-BOS-RPT

22 c. Synthetic Stucco (E.I.F.S.) siding shall be finished in smooth, sand or level texture. Rough textures are not permitted. D. Roof Material: Roofing material shall be dimensional architectural shingles or better with a minimum 50 year warranty. E. Porches, Stoops and Decks 1. Front Porches: All front entry stoops and front porches shall be constructed with continuous masonry foundation wall or on 12 x12 masonry piers. Extended front porches shall be a minimum of five (5) deep. Space between piers under porches shall be enclosed with framed lattice panels. Handrails and railings shall be finished painted wood or metal railing with vertical pickets or swan balusters. Pickets shall be supported on top and bottom rails that span between columns. F. Front Porch Flooring: Porch flooring may be concrete, exposed aggregate concrete, or a finished paving material such as stone, tile or brick, finished (stained dark) wood, or properly trimmed composite decking boards. Unfinished treated wood decking is not acceptable. All front steps shall be masonry to match the foundation. (P) (STAFF/CPC) 5. Cash Proffer. For each dwelling unit, the applicant, sub-divider, or assignee(s) shall pay the following to the County of Chesterfield, prior to the issuance of a building permit for infrastructure improvements within the cash proffer service district for the property, unless state law prevents enforcement of that timing: A. $18, per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors approval of the case through July 1 four years later, at which point the amount will be adjusted for the cumulate change in the Marshall and Swift Building Cost Index during that time period. B. Thereafter, the per dwelling unit cash proffer amount shall be automatically adjusted, annually, by the annual change in the Marshall and Swift Building Cost Index on July 1 of each year. C. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B) 20 15SN JAN28-BOS-RPT

23 (STAFF/CPC) 6. The minimum gross floor area for each dwelling unit shall be 2,350 square feet. (P) (STAFF/CPC) (STAFF/CPC) 7. If approved by VDOT, roll-face curb (combination 4 curb and gutter, CG- 7) shall be constructed along all public roads (T) 8. The following shall be recorded as Deed Restrictions in conjunction with the recordation of any subdivision plat: RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS, is made and executed this day of by R. E. Collier, Inc.-Builder, (the Owner),. Recitals: A. The Owner is the fee simple owner of certain real property located in Chesterfield County, Virginia, as shown on Exhibit A attached hereto and made a part hereof, and it is his desire to provide for the orderly development of a residential community thereon. B. The Owner desires to subject the Property to the covenants and restrictions as hereinafter set forth for the benefit of the Property and each Owner of a portion thereof. NOW, THEREFORE, the Owner hereby declares his Property is and shall be held, transferred, sold, conveyed, occupied and used subject to the covenants, conditions and restrictions hereinafter set forth, such covenants conditions and restrictions to run with, bind and burden the Property for and during the period of time hereinafter specified. A. Additions to the Property by Owner. As long as the Owner owns any real property in the general area of the Property described in Exhibit A hereto, the Owner may submit additional real property to the Provisions of this Declaration by filing a supplement hereto in the appropriate Clerk s Office. B. Architectural Control Committee SN JAN28-BOS-RPT

24 1. No building, structure, outbuilding, fence, wall or improvement of any nature whatsoever (except for interior alterations to existing structures not affecting the external structure or appearance of any improvement on any portion of the Property) shall be constructed or modified on the Property unless and until the plans for such construction shall have been approved in writing by the Architectural Control Committee (the Committee). The plans submitted to the Committee for approval shall include (1) the construction plans and specifications and related drawings, and (2) a plat showing the location of all proposed improvements. 2. No plans for a primary dwelling to be constructed on the Property shall be submitted for such approval unless the living area of such dwelling. exclusive of open porches, attics, basement, and garages shall exceed 2,350 square feet. 3. Approval by the Committee shall be based upon compliance with the provisions of this Declaration, the quality of workmanship and materials, harmony of external design with surrounding structures, location of improvements with respect to topography and finished grade elevation, the effect of the construction on the outlook from surrounding portions of the Property, color schemes and all other factors which in the reasonable opinion of the Committee will affect the desirability or suitability of the proposed improvements in relation to the aesthetic quality of the Property. 4. Approval or disapproval of each application to the Committee shall be given to the applicant in writing within thirty days of receipt of a complete set of plans and application. In the event the approval or disapproval is not forthcoming within thirty days, unless an extension is agreed to by the applicant in writing, the application shall be deemed approved and the construction of the applied for improvements may be commenced provided that all such construction is in accordance with the submitted plans and provided further that such plans conform in all respects to the other terms and provisions of this Declaration SN JAN28-BOS-RPT

25 5. Approval by the Committee shall not constitute a basis for liability of the members of the Committee, the Committee or the Owner for any reason including with limitation (i) failure of the plans to conform to any applicable building codes or (ii) inadequacy or deficiency in the plans resulting in defects in the improvements. 6. The Committee shall be composed of three individuals, two appointed by R. E. Collier, Inc.-Builder, Owner, and one a member of the Bexley Association ACC.. These members may be removed by the Owner with or without cause and successors shall be appointed by the Owner and Bexley HHOA, maintaining the same respective composition as stated above as long as the Owner has ownership interest in the Property and thereafter by the Bexley HOA itself. The committee members shall not be entitled to any compensation for their activities hereunder. The Committee may designate a representative to act in its behalf who need not be a member of the Committee and such representative shall not be entitled to compensation for his activities hereunder. 7. The authority of the Committee hereunder, its procedure and make-up may be modified or abrogated by duly recorded instruments executed by the then owners of eighty percent of the lots created on the Property, except as to the rights of the Owner as provided in Paragraphs 2 and 6 of this section entitled Architectural Control Committee. C. Restrictions. 1. No lot shown on a plat of subdivision of the Property (lot) shall be used except: for purposes incidental thereto, except for model homes utilized by builders. Only one residence shall be constructed on a lot; provided, however, that suitable outbuildings and other improvements of the same construction and exterior siding as the main residence may be constructed if approved by the Committee as hereinbefore provided. 2. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than six square feet advertising on the lot for sale, or signs used by a builder to advertise the Lot during the construction sales period SN JAN28-BOS-RPT

26 3. No trailer, tent, shack, garage, barn or other outbuildings erected on any Lot shall at any time be used as a residence, temporarily or permanently, and no structure of a temporary character be used as a residence. 4. No trailer, camper, recreational vehicle or boat having a height of five feet or more or truck having a height of seven feet or more shall be parked on the street in front of any residence. Trailers, campers, recreational vehicles, boats or trucks of this nature shall not be parked over twelve hours in any one week on any Lot, including any driveway, so as to be visible from any street or other portion of the Property. 5. No motor vehicle shall be parked for more than twelve hours in any one week on any Lot without having a current Virginia registration, or other state registration. 6. Each primary dwelling shall have a roof which consist of synthetic slate, natural slate, metal, concrete shingle or hard type roof or a high definition architectural shingle with a life-time (50 year) warranty as approved by the Committee. 7. All driveways shall consist of exposed aggregate concrete, asphalt, or other masonry pavement, to include individual concrete pavers. 8. All mailboxes shall be identical in design and provided by the owner to the original purchaser of any lot and shall remain with the lot when such lot is resold. 9. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats and other household pets may be kept, provided (i) they are not raised, bred or kept for commercial purposes (ii) they shall not become an annoyance or nuisance to other Lot owners. 10. No obnoxious or offensive activity shall be carried on or allowed upon any portion of the Property, nor shall anything be done thereon that may be or become a nuisance or annoyance. 11. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste shall not be kept except in sanitary containers maintained in a neat and 24 15SN JAN28-BOS-RPT

27 orderly manner. Equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition in rear yard only. 12. No Lot may be subdivided, altered or modified except as provided on the subdivision plat (s) recorded and to be recorded in connection with the development of the Property, provided however the Owner, with the approval of the Committee, shall have the right to re-subdivide, alter, modify, or vacate any subdivision plat as long as no Lot shown thereon has been conveyed by the Owner. 13. Each Lot shall be maintained free of tall grass, undergrowth, dead trees, weeds and trash and generally free of any condition that should decrease the attractiveness of the Property. 14. No Lot shall be cleared of trees or defoliated in such a manner as to decrease the attractiveness of the Property. 15. Exterior Construction of each dwelling on a Lot shall be completed within one year after the commencement thereof. 16. No exterior Radio or Television antenna or satellite dish shall be erected on any lot without the Committee s approval, unless otherwise protected by law. 17. All utility lines shall be buried with the exception of that part of the utility line which normally is located above ground. 18. No Lot shall contain or have on it an above ground swimming pool. 19. The house numbers on the mail box posts will be designed and applied as the Architectural Committee so specifies. 20. A distinctive architectural post lamp will be provided to the original purchaser of any lot and shall be maintained and used continuously for its intended purpose and shall remain with the lot when such lot is resold SN JAN28-BOS-RPT

28 21. Sidewalks will be exposed aggregate concrete, brick or other masonry products approved by the Committee. No smooth concrete surfaces will be allowed on any exterior areas except garage aprons. 22. Service yards incorporating heating and air conditioning equipment and trash areas must be approved properly located and screened. D. The Bexley Homeowner s Association, Inc. 1. Every Homeowner (the Homeowner) of a Lot, upon which a house has been built and a Certificate of Occupancy has been issued by Chesterfield County, shall be a member of The Bexley Homeowner s Association, Inc. (The Association) and Membership shall be mandatory and appurtenant to and may not be separated from ownership of that Lot. 2. The Homeowner shall be entitled to all the benefits and privileges of Membership and shall abide by all Rules and Regulations of The Association as long as they are current on payment of all mandatory Association dues and Assessments. E. Severability. 1. Invalidation of any of the covenants hereof by judgment or court order shall in no way affect any of the above provisions which shall remain in full force and effect. WITNESS the following signatures and seals all as duly authorized. STATE OF VIRGINIA, COUNTY OF CHESTERFIELD, to-wit: The foregoing instrument was acknowledged before me this day of, by Richard E. Collier, President of R. E. COLLIER, INC.- BUILDER, a Virginia corporation, on behalf of the corporation. My commission expires: 26 15SN JAN28-BOS-RPT

29 Notary Public EXHIBIT A All those certain lots or parcels of land described on a plat of Bexley East, Phase II, Lots on Broadstone Crossing and Broadstone Crossing Court, made by Balzer and Associates, Inc., dated, to be recorded in the Clerk s Office, Circuit Court of Chesterfield County, Virginia (P) 27 15SN JAN28-BOS-RPT

30 TEXTUAL STATEMENT August 8, 2014 Revised December 5, 2014 ATTACHMENT 2 I. Rezone from A to R-15 for the uses permitted in R-15 District with a Conditional Use Planned Development ("CUPD") to permit ordinance requirement exceptions, as described herein, and as provided in the accompanying proffers. II. General Conditions A. Uses shall be limited to uses permitted by right or with restrictions in the R-15 District. The development shall have a cluster design which includes street trees and open spaces. III. Requirements and Exceptions If any of the following facilities are to be provided they shall be identified on the overall conceptual subdivision plan and on the record plat for any lot adjacent to such facilities. A. Recreational Facilities. Only passive recreational facilities shall be permitted within the property. These uses shall be limited to facilities and uses that primarily serve the surrounding residential community (i.e. trails, paths, sidewalks, ponds, open space, and vistas). B. Focal Point/Recreation Area. A minimum of 0.40 acres of open space/recreation area shall be provided within this property to provide a focal point. Part of the focal point area shall be hardscaped and have benches and other amenities that accommodate and facilitate gatherings. A portion of the focal point may include areas devoted to best management/stormwater facilities. The focal point shall be developed concurrent with the phase of development that the focal point is intended to serve. C. Garages. Front loaded attached garages shall not be permitted. D. Development shall conform to the following: (1) Principal Structures. (i) Lot area and width. Each lot shall have an area of not less than 7,200 square feet and an average lot size of not less than 10,000 square feet and a lot width of not less than fifty (50) feet. Common open space area will be left in a natural state equal to 28 15SN JAN28-BOS-RPT

31 (ii) (iii) (iv) (v) (vi) the amount of acreage so reduced by the lot size exceptions to the R-15 zone so permitted. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than seventy (70) percent of the lot s area. Front yard. Minimum of thirty (30) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building line. Side yard. Two (2) side yards, each a minimum of seven and onehalf (7 1/2) feet in width. Corner side yard. Minimum of thirty (30) feet. Rear yard. Minimum of twenty-five (25) feet. (2) Accessory Structures. Setbacks for accessory structures shall conform to the setback requirements for such structures in the R-15 District except as follows: (i) (ii) One (1) story accessory structures: The rear, side and corner side yard setbacks shall be half the required yards for principal structures defined above. More than one (1) story accessory structures: The rear, side and corner side yard setbacks shall be the required setbacks for principal structures defined above SN JAN28-BOS-RPT

32 ATTACHMENT 3 Current and Projected Figures 2 Trailers Capacity Categories Schools Currently Serving Area Membership Providence Elementary School Functional Capacity % Capacity Providence Middle School Membership Functional Capacity % Capacity Membership Monacan High School Functional Capacity Number of Trailers 1 % Capacity 1 Trailers are not identified in the staff report for schools under 90% capacity. 2 Disclaimer: Please note that Projected Membership AND Functional Capacity are updated on an ANNUAL BASIS. They are based on the September 30 membership and Space Utilization Study Report for a given year. School boundary adjustments may be made to address over capacity levels. Nearby Public Facilities Fire Station Wagstaff Fire Station, Company Number 10 EMS Facility Manchester Volunteer Rescue Squad Library LaPrade Library or new library planned in the area Parks & Recreation Rockwood Park 30 15SN JAN28-BOS-RPT