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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0179
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April 28, 2010 BS
Richmond Kickers Youth Soccer Club, Inc.
Dale Magisterial District
North and east lines of Ridgedale Parkway
RE VEST: Amendment of conditional use planned development (Case 875133) to permit
outdoor recreational facilities and related requirements relative to, but not limited to,
open space, height and setbacks.
PROPOSED LAND USE:
In addition to uses currently permitted, recreation facilities including, but not limited
to a soccer complex, and other commercial and office uses as outlined in the Textual
Statement are planned. Also, for the proposed additional uses, the applicant is
requesting exceptions to certain development standards.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
AYES: MESSRS. BROWN, HASSEN, BASS AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval, subject to the applicant addressing concerns relative to lighting. This
recommendation is made for the following reasons:
A. The proposed land uses conform to the Central Area Plan which suggests the
property is appropriate for regional mixed use.
B. The proposed land uses are representative of and compatible with existing and
anticipated area development.
Providing a FIRST CHOICE community through excellence in public service
C. Allowing lighting for playing fields and stadium use to remain on as requested could
have an adverse impact on area development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "CPC"
ARE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
The property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the Code
of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves
and their successors or assigns, proffer that the development of the property under consideration
will be developed according to the following proffer if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owners and applicant. In the event
this request is denied or approved with conditions not agreed to by the owners and applicant, the
proffers shall immediately be null and void and of no further force or effect.
THE FOLLOWING CONDITIONS, IN ADDITION TO THE CONDITIONS OF CASE N0.
875133 AS AMENDED HEREIN, SHALL ONLY APPLY TO THE DEVELOPMENT OF
OUTDOOR RECREATIONAL FACILITIES INCLUDING, BUT NOT LIMITED T0, A
SOCCER COMPLEX, WHICH MAY INCLUDE A STADIUM, A BUILDING(S) FOR
OFFICE AND OTHER USES, PLAYING FIELDS WHICH MAY BE ENCLOSED BY A
BUBBLE-STYLE ENCLOSURE, AND ACCESSORY AND RELATED USES
(COLLECTIVELY, THE "FACILITIES") AS PERMITTED AND REGULATED
PURSUANT TO THE AMENDED CONDITIONAL USE PLANNED DEVELOPMENT
(CUPD) REQUESTED HEREWITH. TO THE EXTENT THE FACILITIES ARE NOT
DEVELOPED, THE CONDITIONS OF CASE N0. 875133 SHALL CONTINUE TO
APPLY.
(STAFF/CPC) 1. Master Plan. The Textual Statement revised November 15,1988 and
as further revised on March 5, 2010, shall be considered the Master
Plan. (Note: this condition supersedes Board Imposed Condition 1
of Case No. 875133.) (P)
(STAFF/CPC) 2. Deletion of Conditions. Board Imposed Conditions 9 and 20 of Case
No. 87S 133 are hereby deleted. (P)
(CPC) 3. Ling. Outdoor lighting for playing fields and the stadium, if any,
shall be turned off at 11 p.m. The foregoing shall not apply to
outdoor lighting for parking areas, if any. (P)
2 10SN0179-APR28-BOS-RPT
(STAFF/CPC) 4. Electronic Chan eable Cody Signs. Except for scoreboards, any
computer-controlled variable message electronic signs, which are
visible from off the Property, shall be subject to the following
standards:
a. copy shall be limited to a maximum of two (2) lines which
shall not move, but may fade;
b. the message or display shall be programmed or sequenced to
change no more than once every ten (10) seconds;
c. the copy display color shall either be red, white, or yellow;
d. flashing and traveling messages shall be prohibited; and
e. bijou lighting and animation effects shall be prohibited. (P)
GENERAL INFORMATION
T ,nrati nn
Fronts the north and east lines of Ridgedale Parkway, west line of Iron Bridge Road. Tax
IDs 774-689-9505 and 775-688-2293.
Existing Zoning:
0-2 with Conditional Use Planned Development
Size:
11.3 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, South, East and West - 0-2 with Conditional use Planned Development; Multifamily
residential, retirement center, commercial, and outdoor recreation.
T TTTT TTTFC
Public Water System:
Connection to the public water system is required by County Code and is a required
condition of zoning for Case 87S 133.
3 10SN0179-APR28-BOS-RPT
Public Wastewater S,, sue:
Connection to the public wastewater system is required by County Code and is a required
condition of Case 87S 133.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Dale Fire Station, Company Number 11, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS. Fire apparatus access requirements will be evaluated at time of site plan review.
County Department of Transportation:
This request will have a minimal impact on the existing transportation network.
Virginia Department of Transportation:
The request will have a minimum impact on these facilities.
T,ANn TIFF,
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for regional mixed use. Appropriate development would include a mixture of
integrated office, shopping center, light industrial parks, and/or high density residential uses.
Area Development Trends:
Area properties are zoned Corporate Office (0-2) with conditional use planned development
and are developed for multifamily housing and retirement home uses, as well as commercial
an out oor recreation uses.
It is anticipated that area properties will continue to develop with a mixture of uses which
could include residential developments of various densities, as well as professional business,
industrial and administrative offices with integrated supporting uses, as suggested by the
Plan.
4 10SN0179-APR28-BOS-RPT
Zoning History:
On January 25,1989, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning to allow a mixed use development with office,
commercial and multi-family uses on the subject property and adjacent properties. (Case
875133)
On January 16, 1990, the Planning Commission granted Schematic Plan approval for the
Winchester development on property which included the subject property (Case 90PS0104).
The approved schematic plan depicted office and community business uses on the request
site.
Uses:
Case 875133 permits development of the property for limited commercial and office uses.
Recreational facilities are currently allowed on the property; however, they are limited to
jogging trails and/or facilities for occupants of the multifamily residential tracts or
tenants/employees in the office and commercial tracts of the project. The applicant requests
an amendment to Case 87S 133 to delete the limitation on permitted recreation facilities
(Proffered Condition 2), and to permit the option of developing private outdoor recreation
and accessory uses on the property. Specifically, a soccer complex, which may include a
stadium, and other commercial uses, are proposed (Textual Statement, Items A.4 and A.5).
It should be noted uses currently allowed on the property would continue to be allowed with
approval of this case.
Development Standards:
Conditions of zoning approval and the Textual Statement for Case 87S 133 require
development of the property to comply with the Route 10 Corridor Overla, District
standards. These standards address landscaping; paving; lighting; signs; architectural quality
of buildings; buffers; and screening of utilities, mechanical equipment and loading areas.
Any uses allowed with the approval of Case 87S 133 would still be required to comply with
these standards. Uses proposed with this application would also be required to comply with
the development requirements established with Case 87S 133, except as modified through
conditions and the Textual Statement contained herein. The applicant is requesting
exceptions to the Corridor Overlay District standards relative to the prohibition of food
produced on site, so that concession stands may be allowed to operate, and apparel and
equipment associated with athletics may be produced on site for retail sale or for
promotional purposes in conjunction with any recreation facility (Textual Statement, Item
A.6). Also, the Corridor Overlay District standards require all uses on the property to be
conducted within enclosed buildings. The applicant has requested an exception to this
requirement (Textual Statement, Item A.7.). Given the proposed uses, these amendments
would be appropriate.
5 10SN0179-APR28-BOS-RPT
~ethacks:
Instead of a forty (40) foot setback along Ridgedale Parkway, as required by the Corridor
Overlay District standards, the applicant is proposing atwenty-five (25) foot setback.
(Textual Statement, Item 2)
In addition, the applicant has requested the Corridor Overlay District requirements for
setbacks of buildings and structures, parking, driveway, and loading facilities from
established right-of way lines and the minimum side and rear yard setbacks for buildings, as
established with Case 87S 133, be deleted for the proposed uses (Textual Statement, Item
A.8). As previously noted, uses currently permitted would be required to comply with the
standards set forth in the current zoning.
Buildin~ght:
With the approval of Case 87S 133 the height of office structures in Community Retail (CR)
tracts was limited to three (3) stories and retail structures in these tracts were limited to one
(1) story. Structures in the Office Service (OS) tract were limited to a height of two (2)
stories. The applicant is requesting deletion of this condition for the requested uses and that
if a stadium is developed, it be allowed to a height of six (6) stories and any other structures
be allowed up to a height of three (3) stories. (Proffered Condition 2 and Textual Statement,
Items A.4.e. and A.S.c.)
Parking and Drives:
The Corridor Overlay District standards prohibit surface treated parking areas and drives but
allows concrete and bituminous concrete and other similar materials and requires the
installation of curb and gutter around the perimeter of such areas. The applicant proposes, in
addition to concrete and bituminous concrete, asphalt or gravel as material for the
construction of driveways and parking areas. In addition, curb and gutter is not planned
around the perimeter of driveways and parking areas for the requested recreation uses
(Textual Statement, Item A.2.b.). Given the proposed soccer facilities may not be used as
frequently as permitted office and commercial uses, approval of these exceptions would be
appropriate.
51:
With the approval of Case 87S 133 signs for the proposed development are required to
comply with the Corridor Overlay District standards relative to signage. Additional signs
are proposed with the current request. Specifically, an additional fifty (50) square-foot
freestanding sign, fifteen (15) feet in height, is proposed to identify the recreation
facility/complex (Textual Statement, Item A.2.c.i.). This freestanding sign would not be
allowed on this site if an already approved similar freestanding sign is constructed on
adjacent property subject to the requirements of Case 08SN0124. Scoreboards and signs
advertising goods, services or products would be permitted within the proposed stadium,
arena or soccer complex (Textual Statement, Item A.2.c.ii.). These signs would comply with
6 10SN0179-APR28-BOS-RPT
current Ordinance requirements relative to size, height and visibility. (Textual Statement,
Item A.2.c.111.4)
In addition, a changeable copy sign advertising events and participants in events at the
complex may be included in the permitted freestanding sign (Textual Statement, Item
A.2.c.i.). As submitted, this application would allow manual or electrical changeable copy
signs. In addition, the applicant has offered standards for computer-controlled variable-
message electronic signs visible from off of the request site (Proffered Condition 4). The
Electronic Message Sign Policy suggests that such signs be prohibited within the Route 10
Corridor. The applicant wishes to have red as one of the display colors for the electronic
message sign. Display colors for electronic message centers are limited to white or yellow,
per the Policy. while the proposal would not comply with the Policy relative to display
color, an exception has already been granted on adjacent property to the north which is part
of this project. As offered, this would not be an additional electronic message sign, rather, it
would be erected as an option, instead of the sign approved on adjacent property. Since an
electronic message sign is already allowed, staff has no concerns with this aspect of the
proposal.
Architecture:
Conditions of zoning approval of Case 87S 133 require that buildings constructed on the
property be similar or complementary in architectural style and materials and have an
overall quality equal to Chesterfield Meadows or Stony Point. The applicant is requesting
this requirement be deleted (Textual Statement, Item A.3). As offered, any soccer complex
may include a stadium enclosed by abubble-style enclosure. In addition, any other new use
proposed would be required to comply with the architectural standards of the Zoning
Ordinance for Emerging Growth areas, should this requirement be deleted. Any previously
approved use allowed on the property would still be subj ect to the architectural requirements
of Case 87S 133. Approval of this amendment would be appropriate for the proposed soccer
facility.
Open Space:
Current conditions of zoning require aminimum ofthirty-five percent (35%) of the total site
area be maintained as open space. The applicant has committed to the same provision with
this request for any office or commercial development (Textual Statement, Item A.4.d. and
A.S.b.). Case 875133 defines open space as any portion of a site which is not devoted to the
building footprint, parking, drives or other paved areas used exclusively for vehicular
purposes. The applicant proposes playing fields for outdoor recreational facilities, including
those located within stadiums, be included in open space. (Textual Statement, Item A. l )
Ling:
The applicant has offered that outdoor lighting for playing fields and the stadium, if such
lighting is provided, will be turned off at 11 p.m. The applicant notes planned
programs/events at the recreation facility will typically end at 10 p.m. and the lights would
7 10SN0179-APR28-BOS-RPT
serve as a safety feature as users and spectators exit the property (Proffered Condition 3).
To mitigate impacts of lighting on adjacent uses an approved recreation use on property to
the west across Ridgedale Parkway from the request site, has a requirement for lighting to be
turned off at 10 p.m. Given the proximity of this proposal to residential uses staff feels it
appropriate to restrict lighting in a similar manner, and would not support leaving the
lighting on until 11 p.m.
CONCLUSION
The proposed land uses conform to the Central Area Plan which suggests the property is appropriate
for regional mixed use. In addition, the proposed land uses are representative of, and compatible
with, existing and anticipated area development. However, the applicant has not addressed staff s
concerns relative to what time the outdoor lighting for the recreation facility will be turned off.
Allowing lighting for playing fields and stadium use to remain on as requested could have an
adverse impact on area development.
Given these considerations, staff recommends approval of this request, subject to the applicant
addressing concerns relative to lighting.
CASE HISTORY
Planning Commission Meeting (3/16/10):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
The Commission asked for clarification of possible location of stadium; landscaping in the
setback along Ridgedale Parkway; and the time when field/stadium lights would be turned
off.
Mr. Bass stated the lighting issue was immaterial, as leagues and high schools often have
late games and there was no opposition from adjacent property owners. Other
Commissioners agreed this was not an issue for them.
On motion of Dr. Brown, seconded by Mr. Bass, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, April 28, 2010, beginning at 6:30 p.m., will take under
consideration this request.
8 10SN0179-APR28-BOS-RPT
TEXTUAL STATEMENT
March 5, 2010
A. This is a request to amend the current 0 zoning with CUPD on approximately 11 acres
of those certain properties identified as Tax IDs 774-689-9505 and 775-688-2293 (collectively,
the "Property") to permit the development of an outdoor recreational facility including, but not
limited to, a soccer complex, which may include a stadium, a building(s) for office and other
uses, and playing fields which may be enclosed by a bubble-style enclosure, and accessory and
related uses subject to the following:
THE FOLLOWING CONDITIONS, IN ADDITION TO THE CONDITIONS OF CASE
N0.87S133 AS AMENDED HEREIN, SHALL ONLY APPLY TO THE DEVELOPMENT
OF OUTDOOR RECREATIONAL FACILITIES INCLUDING, BUT NOT LIMITED T0,
A SOCCER COMPLEX, WHICH MAY INCLUDE A STADIUM, A BUILDIING(S) FOR
OFFICE AND OTHER USES, PLAYING FIELDS WHICH MAY BE ENCLOSED BY A
BUBBLE-STYLE ENCLOSURE, AND ACCESSORY AND RELATED USES
(COLLECTIVELY, THE "FACILITIES") AS PERMITTED AND REGULATED
PURSUANT TO THE AMENDED CUPD REQUESTED HEREWITH. TO THE
EXTENT THE FACILITIES ARE NOT DEVELOPED, THE CONDITIONS OF CASE
N0.87S133 SHALL CONTINUE TO APPLY.
1. Open Space. Any portion of a site which is not devoted to the building footprint,
parking, drives or other paved areas used exclusively for vehicular purposes. Playing
fields for outdoor recreational facilities shall be included in open space, even if such
field(s) are contained within a stadium. (Note: this condition supersedes Textual
Statement Condition 6.2 of Case No. 875133.)
2. Development Standards. Except as herein provided, the project will comply with the
development requirements established in Article III, Section 21-67.11 through Section
21-67.24 of the Chesterfield County Code (1989) ("Corridor Overlay District"). Under
certain conditions, however, the Planning Commission may, at the Applicant's request,
modify portions of these standards if they feel that the spirit and intent of such standards
are met in the proposed site plans as they are submitted. The following will supersede
the requirements as stated in the Corridor Overlay District:
a. Setbacks adjacent to Ridgedale Parkway shall be a minimum twenty-five (25) feet
in width as measured from the right-of way or property line. The remaining
property lines of the Property shall have no setback requirement. Buildings,
drives and parking areas shall not have a minimum yard or yard setback
requirement. (Note: this supersedes Section 21-67.17 of the Corridor Overlay
District.)
b. Driveways and parking areas shall be constructed with concrete, bituminous
concrete, asphalt or gravel. Curb and gutter shall not be required along the
perimeter of driveways and parking areas. Drainage shall be designed so as not to
interfere with pedestrian traffic. (Note: this supersedes Section 21-67.21(e) of
the Corridor Overlay District.)
c. Notwithstanding Section 21-67.23 of the Corridor Overlay District, the following
shall be permitted:
i. Site Si n. In stadiums, soccer complexes, arenas, or other similar
facilities accommodating sporting events or activities, one free standing
sign, located along Ridgedale Parkway and not exceeding fifty (50) square
feet in total area and fifteen (15) feet in height identifying the facilities,
which may include, as part of or as a second separate sign on the same
structure, a changeable copy sign (as hereinafter defined) identifying
names of events, participants and/or attendees at the facility and other
information related to the facility. The total area of any freestanding sign
may be increased up to 25 percent, so long as the increase is for the
purpose of including changeable copy or a changeable copy sign.
Provided, however, that if such free standing sign is now or in the future
constructed on the property subject to Case No. 08SN0124, then no such
free standing maybe constructed or maintained on the Property.
11. Scoreboards and advertising signs. Scoreboards as well as signs
advertising goods, services or products shall be permitted within stadiums,
arenas, soccer complexes or other similar facilities accommodating
sporting events or activities. If a sign is not visible from off the Property,
there shall be no size or height limitation. If a sign is visible from off the
Property, it shall not exceed 64 square feet in area. In addition, it shall be
attached on the interior of a fence or wall enclosing the facility and shall
not exceed the height of the fence or wall. However, where a fence or wall
is not provided, the scoreboard or sign shall not exceed a height of eight
feet. Scoreboards as well as signs advertising goods, services or products
shall not be required to comply with the design concept requirements set
forth in Section 21-67.23 (d)(1).
111. Changeable copy signs.
1. Changeable copy signs shall be permitted as set forth herein and on the
exterior wall of any structures located on the Property, including
exterior walls of concession stands and stadiums, and within any
stadiums, arenas, or other similar facilities accommodating sporting
events or activities.
2. A changeable copy sign is a sign whose copy can be changed or
altered by manual or electric, electro-mechanical or electronic means,
except for scoreboards. Changeable copy signs include the following
types:
a. Manual: Signs whose copy can be changed or altered by manual
2
means.
b. Electrical: Signs whose copy can be changed or altered on a fixed
display surface composed of electrically illuminated or
mechanically driven changeable segments. Electrical signs include
two types:
i. Fixed message electronic signs: Signs whose copy has been
preprogrammed to include only time, temperature and date, and
do not operate in a flashing, traveling or rolling fashion.
ii. Computer controlled variable message electronic signs: Signs
whose copy can be changed or altered by means of computer-
drivenelectronic impulses.
3. Changeable copy is not permitted, unless the changeable component of
the sign face occupies one-half or less of the total area of the sign face.
This restriction does not apply to changeable copy used on signs
located within a stadium, arena, soccer complex or other similar
facilities accommodating sporting events or activities.
4. If changeable copy is used, it shall abut the sign face or be integrated
into the sign face, provided, however, if the sign is incorporated into a
monument structure, the changeable copy need not abut or be
integrated into the sign face.
(Note: this condition supersedes Textual Statement Condition 7.2 of Case No. 87S 133).
3. Architectural Controls. Textual Statement 7.5 of Case No. 875133 is hereby deleted.
4. Uses - OS (Office Service:
a. Permitted uses (in addition to those outlined in 8.0 of Case No. 87S 133):
i. Banks, savings and loans, drive-ins or otherwise;
ii. Childcare centers;
iii. Retail and service facilities, as allowed in the B-2, Community Bus.
District;
iv. Showroom, sales and service areas;
v. Light industrial uses including the following:
1. distribution businesses including storage;
2. laboratories, research, development or testing, but not testing of
explosives;
3. wholesaling including storage;
4. storage excluding mini-warehouses and self service storage facilities;
and
5. testing and repair facilities;
vi. Light manufacturing uses as follows:
3
1. manufacture of assembly of medical or dental equipment, drafting,
optical and musical instruments, watches, clocks, toys, games
electrical or electrical or electronic apparatus, communication
equipment, photographic and metering equipment, electrical
appliances, tools, dies, machinery, hardware products or comparable
uses; and
2. Compounding of cosmetics, toiletries, drugs and pharmaceutical
products, or comparable uses;
vii. Data processing center;
viii. Radio processing center;
ix. Trade or business school, but not involving internal-combustion engines,
heavy-duty trucks, construction machinery, and heavy-duty equipment;
x. Medical or dental clinics;
xi. Medical or dental laboratories;
xii. Retail sale of goods or articles manufactured, distributed, or assembled by
a permitted use shall be permitted provided the salesroom for any one
establishment does not exceed a gross floor area of thirty (30) percent of
the gross floor area of the establishment;
xiii. outdoor recreational facilities including, but not limited to, a soccer
complex, which may include playing fields which may be enclosed by a
bubble-style enclosure, and accessory and related uses, including, without
limitation, a weight and training room;
xiv. office, professional and business, and accessory and related uses;
xv. hotel; and
xvi. a stadium, subject to Section 9 below.
b. No use shall be permitted which is classified by the Uniform Statewide Building
Code as high hazard or by reason of its nature or manner of operation is or may
become more hazardous, objectionable or offensive than other uses permitted by
right under this district and is incompatible with such other uses because of odor,
dust, smoke, cinders, fumes, noise, vibration, wastes, fire, explosion, glare or
unsightliness.
c. Loading and service yards shall be screened from adjoining sites and public roads.
d. The minimum Open Space requirement on the Property shall be thirty-five (35)
percent; provided, however, there shall be no minimum Open Space requirement
on the Property if a stadium is built on the Property.
e. The maximum building height on the Property shall be six (6) stories for a
stadium and three (3) stories for any other building.
(Note: this condition supersedes Textual Statement Condition 8.2 of Case No. 875133).
5. Uses - CR (Community Retail:
4
a. Permitted uses (in addition to those outlined in 8.0 of Case No. 87S 133):
i. all uses allowed inthe B-l, Convenience Business District;
11. savings and loan or bank, including uses with drive-up windows;
111. gas station;
iv. department store;
v. prints ops;
vi. dry cleaners, including uses with drive-up windows;
vii. restaurants, including uses with drive-up windows;
Vlll. outdoor recreational facilities including, but not limited to, a soccer
complex, which may include playing fields which may be enclosed by a
bubble-style enclosure, and accessory and related uses, including, without
limitation, a weight and training room;
ix. office, professional and business, and accessory and related uses;
x. hotel; and
xi. a stadium, subj ect to Section 9 below.
b. The minimum Open Space requirement on the Property shall be thirty-five (35)
percent; provided, however, there shall be no minimum Open Space requirement
on the Property if a stadium is built on the Property.
c. The maximum building height on the Property shall be six (6) stories for a
stadium and three (3) stories for any other building.
(Note: this condition supersedes Textual Statement Condition 8.4 of Case No. 875133).
6. Production On Site. Notwithstanding Section 21-152(b) of the applicable 0 Zoning
Ordinance, food may be produced on site for retail sale from concession stand(s) and
apparel and equipment associated with athletics may be produced on site for retail sale or
for promotional purposes.
7. Uses Not Within Enclosed Buildings. Notwithstanding Section 21-152(c) of the
applicable 0 Zoning Ordinance, the uses in items 4.a.xiii and S.b.viii above shall not be
required to be within enclosed buildings.
8. Deletions. Sections 21-152(a) and 21-152(4) of the applicable 0 Zoning Ordinance are
hereby deleted.
9. Stadium. If a stadium is constructed on the Property, the stadium shall integrate into the
design of one of the facades facing Ridgedale Parkway any one or more of the uses
permitted in Sections 4 and 5 above, but excluding the uses specified in 4.a.v, 4.a.vi,
4.a.v11, 4.a.V111, and 5.x.111. The intent of the foregoing sentence is to provide for the
construction of a stadium with integration of uses similar to the integration of uses at the
Sports Backers Stadium in Richmond, Virginia, as such stadium exists as of the date
hereof. After the issuance of a building permit for the stadium, but before issuance of a
certificate of occupancy for the stadium, a sidewalk designed to then-current standards
shall be constructed on the Property within the twenty-five foot (25') setback along
Ridgedale Parkway. The stadium facade with the integrated use(s) may be constructed
5
immediately adjacent to this sidewalk, but no closer than the required twenty-five foot
(25') setback along Ridgedale Parkway. Parking, on-site or off site, for such integrated
stadium shall be calculated at 1 space per 4 seats in the stadium, regardless of what uses
are integrated into the stadium.
#2880413 v4 033595.00002
PHOENIX UNION, L.L.C.,
a Virginia limited liability company, and
CHIPPENDALE PARK LLC,
a Texas limited liability company
By:
Jeffrey P. Geiger, Attorney-in-Fact
Date: March 5, 2010
6
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