CASE NUMBER: 15SN0652 APPLICANT: JMS Investments, LLC and J. Mark Sowers

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1 CASE NUMBER: 15SN0652 APPLICANT: JMS Investments, LLC and J. Mark Sowers ADDENDUM CHESTERFIELD COUNTY, VIRGINIA Magisterial District: MIDLOTHIAN 1600 Huguenot Springs Road Planning Commission (CPC) Public Hearing Date: JULY 23, 2015 CPC Time Remaining: 100 DAYS Applicant s Contact: MATT SOWERS ( ) Applicant s Contact: J. MARK SOWERS ( ) Planning Department Case Manager: RYAN RAMSEY ( ) APPLICANT S REQUEST REQUEST I: Rezoning from Agricultural (A) to Residential (R-25). REQUEST II: Permit an exception to Section of the Utility Ordinance for the required connection to the public sewer system. A single-family residential subdivision is planned. Density would be limited to one (1) dwelling unit per acre (Proffer Condition 7), yielding approximately 48 dwelling units. The subdivision would be serviced by individual septic systems. Notes: A. The only condition that may be imposed is a buffer condition for the rezoning request. The property owner may proffer conditions. B. Conditions may be imposed for the exception to Section of the Utility Ordinance. ADDENDUM The purpose of this Addendum is to offer revised comments received from the County Department of Transportation (CDOT). A portion of the recommendation table for CDOT s section of the staff report was inadvertently omitted. Their complete comments are included on Page 2. Staff continues to recommend denial of both requests as outlined on Page 2. Providing a FIRST CHOICE community through excellence in public service

2 RECOMMENDATION RECOMMEND DENIAL OF REQUEST I (REZONING) Does not comply with Plan STAFF RECOMMEND DENIAL OF REQUEST II (SEWER EXCEPTION) Private system will encourage future area development that is inconsistent with Plan Extension of public sewer system to area properties will be adversely impacted COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804) banksj@chesterfield.gov 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: Recommendation Right of Way Dedication Forty-five (45) feet along Huguenot Springs Road. Vehicular Access Control One (1) public road access onto Huguenot Springs Road. Potential stub road right of way to western property line. Road Improvements Right and left turn lanes along Huguenot Springs Road at the site access. Applicant s Proposal Offered as Recommended Proffered Condition 3 Offered as Recommended Proffered Condition 4 Offered as Recommended Proffered Condition 5 Cash Proffer Offered in Accordance with Policy Proffered Condition SN JUL21-CPC-ADD

3 CASE NUMBER: 15SN0652 APPLICANT: JMS Investments, LLC and J. Mark Sowers STAFF S ANALYSIS AND RECOMMENDATION Planning Commission (CPC) Public Hearing Date: JULY 21, 2015 CPC Time Remaining: 100 DAYS Applicant s Contact: MATT SOWERS ( ) Applicant s Contact: J. MARK SOWERS ( ) Planning Department Case Manager: RYAN RAMSEY ( ) APPLICANT S REQUEST REQUEST I: Rezoning from Agricultural (A) to Residential (R-25). CHESTERFIELD COUNTY, VIRGINIA Magisterial District: MIDLOTHIAN 1600 Huguenot Springs Road REQUEST II: Permit an exception to Section of the Utility Ordinance for the required connection to the public sewer system. A single-family residential subdivision is planned. Density would be limited to one (1) dwelling unit per acre (Proffer Condition 7), yielding approximately 48 dwelling units. The subdivision would be serviced by individual septic systems. Notes: A. The only condition that may be imposed is a buffer condition for the rezoning request. The property owner may proffer conditions. B. Conditions may be imposed for the exception to Section of the Utility Ordinance. C. Proffered conditions are located in Attachment 1. RECOMMENDATION STAFF RECOMMEND DENIAL OF REQUEST I (REZONING) Does not comply with Plan Providing a FIRST CHOICE community through excellence in public service

4 RECOMMENDATION (CONTINUED) RECOMMEND DENIAL OF REQUEST II (SEWER EXCEPTION) STAFF Private system will encourage future area development that is inconsistent with Plan Extension of public sewer system to area properties will be adversely impacted 2 15SN JUL21-CPC-RPT

5 Department PLANNING SUMMARY OF IDENTIFIED ISSUES Issue The Plan suggests Corporate Office/Research & Development/Light Industrial uses for the request property BUDGET AND MANAGEMENT - FIRE - PARKS AND RECREATION - LIBRARIES - SCHOOLS - CDOT - VDOT - UTILITIES ENVIRONMENTAL ENGINEERING An exception to connect to the public wastewater system would encourage development inconsistent with Plan and adversely impact the ability to extend public wastewater system to area properties 2013 Facility Plan provides a plan to extend public sewer to the property after SN JUL21-CPC-RPT

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7 Map 2: Comprehensive Plan Classification: CORPORATE OFFICE / RESEARCH & DEVELOPMENT / LIGHT INDUSTRIAL The designation suggests the property is appropriate for corporate office, research, laboratories, and light manufacturing and assembly uses that are generally dependent upon raw materials first processed elsewhere. Typical uses could include corporate headquarter offices and various types of laboratories; warehousing; and optical goods, cosmetic, jewelry, musical instruments and artist materials manufacturing. Land uses should be achieved through the aggregation and/or master planning to enhance the economic potential of the area; conform to land use regulation; achieve land use compatibility or transition; or provide adequate transportation improvements. Map 3: Surrounding Land Uses & Development Powhatan County Dragonnade Trail Huguenot Ridge Huguenot Springs Road Windy Hill Golf Course 5 15SN JUL21-CPC-RPT

8 PLANNING Staff Contact: Ryan Ramsey ( ) PROPOSAL A single-family residential subdivision is proposed. The following provides an overview of the development s design standards: Requirements Density Walks & Driveways Yard Landscaping Architecture Foundation & Building Materials Minimum House Size Restrictive Covenants General Overview Details Maximum of one (1) dwelling unit per acre, yielding approximately 48 dwelling units Proffered Condition 7 Hardscaped driveway Hardscaped front walk to each dwelling Proffered Condition 8.a. One (1) flowering tree in front yard Foundation planting bed along front facade Proffered Condition 8.b. Variation of dwelling elevations Proffered Condition 8.c. Permitted materials established for foundations, roofs, facades and front porches; vinyl must be 0.44 inch thickness Proffered Conditions 8.c., 8.d. and 8.e 2,400 square feet of gross floor area Proffered Condition 9 Recordation of specific restrictive covenants that control: Design standards (Manual) Architectural Board Signs Residential Use Property Maintenance Proffered Condition 10 BUFFERS The request properties border an undeveloped portion of the Windy Hill Golf Course to the south which has conditional use approval for a golf course. No buffer has been offered by the applicant along the shared southern property line to provide separation to the possible expansion of the golf course. Should the golf course expand, no buffer is required on its side of the shared property line. 6 15SN JUL21-CPC-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 $23,414 per unit. The applicant has requested a rezoning from agricultural (A) to residential (R-25) with a maximum density of one (1) dwelling unit per acre, which would yield approximately 48 dwelling units. 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 years after which it would be escalated by the cumulative change in the Marshall and Swift Building Code Index. 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 48 Potential Units Facility Categories FY16 Calculated Impact Applicant's Proposal (Current BOS Maximum) Total $23,414 $18,966 Overall Impact on Capital Facilities Schools $463,104 $401,472 Parks $64,608 $56,832 Libraries $15,120 $14,544 Fire Stations $41,328 $33,648 Roads $539,712 $403,872 Total $1,123,872 $910,368 *Based on proffered density. The actual number of lots and corresponding impact may vary. 7 15SN JUL21-CPC-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: County-wide Fire & EMS Service Information & Needs Recommendations for Fire Stations New 5 by 2022 Replacement/Revitalization Incidents as a percent of total 1 Fire 24% EMS (Emergency Medical Services) 76% Fire/EMS Increases in Call Volume 44% from 2001 and 2011 County Population Increase from 17% 2001 to With the aging of population, medical emergency incidents are expected to increase faster than the rate of population growth over time. Fire Service - Project Impacts Estimated Number of Calls for Service Annually Applicant s Proposal to Address Offered in Accordance with Policy Impacts 1 Proffered Condition 6 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: 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 SN JUL21-CPC-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 Offered in Accordance with Policy Impacts 1 Proffered Condition 6 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 Information relative to nearby parks and recreation facilities can be found in Attachment SN JUL21-CPC-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 6 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 JUL21-CPC-RPT

13 SCHOOLS Staff Contact: Atonja Allen ( ) 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 Offered in Accordance with Policy Elementary 10 Middle 5 High 7 Total 22 Proffered Condition 6 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 JUL21-CPC-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: Recommendation Cash Proffer Policy Applicant s Proposal Offered in Accordance with Policy Proffered Condition 6 VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker ( ) brian.lokker@vdot.virginia.gov VDOT Land Use Regulations Traffic Impact Analysis (24VAC30-155) - Access Management (24VAC30-73) Subdivision Street Acceptance (24VAC30-91/92) - Land Use Permit (24VAC30-151) - Summary - VDOT notes that the property adjoins a local collector road (Huguenot Springs Road) where the entrance to the site would be located meeting access management requirements for collector road access. The traffic generated by the proposed use should be evaluated with respect to subdivision entrance requirements SN JUL21-CPC-RPT

15 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 12 Yes Wastewater No N.A. Yes UTILITY CONNECTION PROPOSAL The developer is proposing to connect to the public water system, which is available along Huguenot Springs Road. An exception to connect to the public wastewater system is requested. EXCEPTION TO MANDATORY WASTEWATER CONNECTION The request properties are located within the mandatory wastewater connection area as outlined in Section of the County Code. An exception to use the public wastewater system must be evaluated by the Director of Utilities, Director of Planning, the Planning Commission, and subsequently approved by the Board of Supervisors based upon the following considerations: Would use of a private system will encourage future area development inconsistent with the Comprehensive Plan; Would the ability to extend the public system to other property be adversely affected. To evaluate these criteria, an examination of the Utility Department s 2013 Facility Plan is necessary to explore the feasibility of extending the public wastewater system to the request property. Utility Department s 2013 Facility Plan Sewer Basin Bernards Creek Sewer Basin (Area #16) Map 5 Sewer Basin Acreage & Flow 535 Acres Flows towards Powhatan County Sewer Basin to be in Service No by 2035 Sewer Basin to be in Service Yes at Build-Out 13 15SN JUL21-CPC-RPT

16 Utility Department s 2013 Facility Plan (Continued) Location, Distance & Required Improvements to Approximately 21,200 Feet of Linear Improvements to the existing sewer trunk line in the Hallsley Subdivision, including: Nearest Sewer Trunk Line 4,400 linear feet of gravity collector line Wastewater pumping station 5,300 linear feet of force main 11,500 linear feet of extension of a gravity trunk line These improvements to be growth driven and constructed by development. Map 6 While connection to the public wastewater system will not occur in the short term, the 2013 Facility Plan illustrates that this area could be serviced by the public wastewater system at County build-out. Developing the request property without a public wastewater connection could serve as a potential barrier to providing public sewer access to neighboring properties. Therefore, the applicant s request will encourage future area development inconsistent with the Comprehensive Plan and adversely affect the ability to extend the public wastewater system to other neighboring properties. Map 5: Facilities Plan , Sanitary Sewer Improvements Excerpt 14 15SN JUL21-CPC-RPT

17 Map 6: Facilities Plan Build-Out, Sanitary Sewer Improvements Excerpt UTILITY EXTENSIONS Off-site extension of any public gravity wastewater trunk line is limited to a maximum of 3,000 feet by Section of the County Code. An exception to Section would be required should the request property be required to connect to the public wastewater system. This restriction encourages an orderly development pattern and prohibits leap-frog development. It should be noted that the proposed public waterline extension or any future wastewater lines will only be allowed to serve properties located within Chesterfield County and will not be allowed to be extended to serve any property within Powhatan County. Should this exception request be granted, staff recommends the acceptance of Proffered Condition 2 which would require public wastewater easements be located, reviewed and approved by the Utilities Department and shown on any record plat for the development SN JUL21-CPC-RPT

18 ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard ( ) Environmental Engineering has no comment on this request SN JUL21-CPC-RPT

19 CASE HISTORY Applicant Submittals 4/30/15 Application and proffered conditions submitted 7/14/15 Revised proffered conditions were submitted Community Meeting 6/1/15 Issues Discussed The District Planning Commissioner, the applicants and staff attended this meeting at Bethel Baptist Church Citizens and neighbors discussed the following topics: minimum house sizes, location of homes within the proposed development, area road conditions along Huguenot Springs Road and Midlothian Turnpike, access for the subdivision to Powhatan County, and the potential development plan for property adjacent in Powhatan County SN JUL21-CPC-RPT

20 PROFFERED CONDITIONS ATTACHMENT 1 1. Utilities. This development shall utilize public water. (U) 2. Utility Easements. The record plat shall provide for public sewer easements in locations acceptable to the Department of Utilities to accommodate the future extension of public sewer. (U) 3. Dedication. In conjunction with recordation of the initial subdivision plat or within sixty (60) days from a written request by the Transportation Department, whichever occurs first, forty-five (45) feet of right-of-way along the west side of Huguenot Springs Road, measured from the centerline of that part of Huguenot Springs Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 4. Access. a. Direct vehicular access from the property to Huguenot Springs Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. b. No stub road right of way shall be recorded to the westernmost property line, unless adequate information is provided to the county regarding the potential development of properties further to the west (i.e., properties within Powhatan County) and development of those properties would not result in a violation of the Subdivision Ordinance on the property. (P, FD &T) 5. Road Improvements. In conjunction with initial development of the property, additional pavement shall be constructed along Huguenot Springs Road at the approved access to provide left and right turn lanes. Any additional right-of-way (or easements) required for these improvements shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) 6. Cash Proffers. 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. $18,966 per dwelling unit for the period beginning the July 1 preceding the Board of Supervisors approval of the case through July 1 four (4) 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 SN JUL21-CPC-RPT

21 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. (BM) 7. Density. The density of this development shall not exceed one (1) dwelling unit per acre. (P) 8. Architectural/Design Elements. a. Sidewalks/Driveways i. Driveways: All portions of driveways and parking areas shall be hardscaped (concrete, asphalt or decorative pavers). ii. Front Walks: A minimum of a four (4) foot wide hardscaped (concrete or decorative pavers) front walk shall be provided to each dwelling unit. b. Landscaping and Yards i. Supplemental Trees: Prior to the issuance of a 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). ii. Front Foundation Planting Beds: Foundation planting is required along the entire front façade of all units, and shall extend along all sides facing a street. Foundation Planting Beds shall be a minimum of 4 wide from the unit foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs and may also include spreading groundcovers. c. Architecture and Materials i. 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. ii. 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 shall 19 15SN JUL21-CPC-RPT

22 be permitted to be sided or cast concrete painted to match house. iii. Exterior Facades: Acceptable siding materials include brick, stone, masonry, stucco, synthetic stucco (E.I.F.S), and horizontal lap siding. Horizontal lap siding may be permitted to be manufactured from natural wood or cement fiber board or may be premium quality vinyl siding. Plywood and metal siding are not permitted. Additional siding requirements: 1. Where a dwelling borders more than one street, all street-facing facades shall be finished in the same materials. 2. Cementitious and vinyl siding is permitted in traditional wide beaded styles only, unless otherwise approved by the Architectural Board for special design conditions. Premium quality vinyl is defined as vinyl siding with a minimum wall thickness of 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 30 year warranty. e. Porches, Stoops and Decks i. 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. 9. Minimum House Size. The minimum gross floor area for each dwelling unit shall be 2,400 square feet. (P) 10. Restrictive Covenants. The following restrictive covenants shall be recorded in conjunction with the recordation of any subdivision plat or prior to any site plan approval, whichever occurs first: (It is important to note that the County will only ensure the recordation of the covenants and will not be responsible for their enforcement.) 20 15SN JUL21-CPC-RPT

23 a. Design Guidelines - A Design Guidelines Manual shall be created and shall include but not be limited to the following development criteria: i. Architectural controls ii. Garage locations iii. Recreational amenities iv. Mailboxes v. Street and External Lighting vi. Street Trees vii. Landscaping viii. Streetscapes ix. Fencing x. Building locations / Yard Requirements xi. Driveways b. Architectural Board The Architectural Board shall have exclusive jurisdiction over all original construction, modifications, additions or alterations made on or to all existing improvements, and the open space, if any, appurtenant thereto on all property. It shall prepare and, on behalf of the Board of Directors, shall promulgate application and review procedures, all as part of the design and developmental standards. The Architectural Board shall incorporate the Design Standards Manual, as described below in its review and approval of all applications submitted. Copies of the Design Guidelines Manual shall be available from the Architectural Board for review and use by owners, builders and/or developers. The guidelines and procedures shall be those of the Association, and the Architectural Board shall have sole and full authority to prepare and to amend the standards available to owners, builders, and developers only under extreme circumstances or hardships. Such circumstances or hardships shall be clearly demonstrated to be considered for amendment. The Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such time as one hundred percent (100%) of all property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors shall appoint all members of the Architectural Board. At no time shall the Architectural Board have fewer than three members nor more than five (5) members. The Declarant may, at his option, delegate to the Board of Directors its right to appoint one or more members of the Architectural Board. At all times, at least one (1) member of the Architectural Board shall be a member of the Association. It is intended for the Architectural Board to maintain the character and integrity of the development. c. Signs No signs shall be erected or maintained on any residential property by anyone including, but not limited to, the owner, a contractor, or a subcontractor, except as provided for in the Development Guidelines Manual or except as may be required by legal proceedings. Residential property identification and like signs not exceeding a combined total of more than one (1) square foot may be 21 15SN JUL21-CPC-RPT

24 erected without the written permission of the Declarant or the Association. Realtor signs For Sale may be erected and are subject to review of the Declarant or Architectural Board. d. Condition of Ground It shall be the responsibility of each property owner and tenant to prevent the development of any unclean, unsightly, or unkempt conditions of buildings or grounds on his lot. All improvements on each lot shall be kept in good repair, and where necessary, painted in 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 a wood or vinyl screen with such screening to be approved by the ARC, or otherwise out of sight from the street. e. Residential Use All lots shall be used for residential purposes exclusively. The use of a portion of a dwelling on a lot as an office by the owner or tenants thereof shall be considered a residential use if such use does not create customer or client traffic to and from the lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single family dwelling and one (1) accessory building which may include a detached private garage, provided the use of such accessory building does not overcrowd the side and provided further that such building is not used for any activity normally conducted as business. Such accessory building may not be constructed prior to the construction of the main building and approved by the Board. i. The provisions of this paragraph shall not prohibit the Developer from using a house as a model as provided in this Declaration. f. Enforcement The Board of Directors reserves the right to correct any situation, on any lot that violates the deed restrictions herein. The Board shall provide written notice to the owner in violation a minimum of thirty (30) days prior to any action to be taken by the Board. The Board shall have the right to correct the violation and collect reimbursement from the owner of the lot requiring action. If payment is not made or arranged for within thirty (30) days of the Boards request, the Board reserves the right to place a lien on said property or take any appropriate legal action necessary. (P) 22 15SN JUL21-CPC-RPT

25 Current and Projected Figures 2 Capacity Categories ATTACHMENT 2 SUPPLEMENTAL PUBLIC FACILITIES STATISTICS Schools Currently Serving Area Membership Watkins Elementary School Functional Capacity % Capacity Midlothian Middle School Membership Functional Capacity % Capacity Membership Midlothian High School Functional Capacity % Capacity Trailers Number of Trailers 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 The Midlothian Fire Station, Company Number 5 EMS Facility The Forest View Volunteer Rescue Squad Library Midlothian Library Parks & Recreation Midlothian Mines Park, Watkins Annex Park 23 15SN JUL21-CPC-RPT