10SN0273CASE MANAGER: Jane Peterson
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ADDENDUM
l OSN0273
Sledd Properties, LLC
and
FPH Enterprises, LLC
November 17, 2010 BS
Midlothian Magisterial District
Northeast corner of Koger Center Boulevard and Huguenot Road
REQUESTS:
I. Rezoning from Corporate Office (O-2) to Community Business (C-3).
II. Conditional use planned development to permit exceptions to Ordinance
requirements relative to setbacks for buildings, parking and drives, and to
landscaping requirements.
PROPOSED LAND USE:
Commercial uses are planned. With approval of this request, use of the property would be
limited to those uses permitted by right or with restrictions in the Neighborhood Business
(C-2) District, with one (1) use exclusion, plus one (1) additional Community Business (C-
3) use, all as restricted by Proffered Condition 2. Exceptions are requested to reduce
setbacks for buildings, parking and drives from Huguenot Road and Koger Center
Boulevard and within side and rear yards, and to modify types of plant materials within
required perimeter landscaping along Huguenot Road. (Textual Statement)
The "Proposed Land Use" section of the "Request Analysis" indicates that two (2) Community
Business (C-3) uses are requested. However, on October 11, 2010, prior to the Commission's
consideration of this request, one (1) of these two (2) C-3 uses (liquor stores) were eliminated.
As such, only one (1) C-3 use (fast food restaurants without drive-in windows) is requested. The
"Proposed Land Use" section has been updated to accurately reflect this request.
Providing a FIRST CHOICE community through excellence in public service
lOSN0273-NOV 17-BOS-ADD
CASE MANAGER: Jane Peterson
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
l OSN0273
Sledd Properties, LLC
and
FPH Enterprises, LLC
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November 17, 2010 B S
Midlothian Magisterial District
Northeast corner of Koger Center Boulevard and Huguenot Road
RE VESTS:
I. Rezoning from Corporate Office (O-2) to Community Business (C-3).
II. Conditional use planned development to permit exceptions to Ordinance
requirements relative to setbacks for buildings, parking and drives, and to
landscaping requirements.
PROPOSED LAND USE:
Commercial uses are planned. With approval of this request, use of the property
would be limited to those uses permitted by right or with restrictions in the
Neighborhood Business (C-2) District, with one (1) use exclusion, plus two (2)
additional Community Business (C-3) uses, all as restricted by Proffered Condition
2. Exceptions are requested to reduce setbacks for buildings, parking and drives
from Huguenot Road and Koger Center Boulevard and within side and rear yards,
and to modify types of plant materials within required perimeter landscaping along
Huguenot Road. (Textual Statement)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 3 THROUGH 5.
AYES: MESSRS. BROWN, HASSEN, BASS AND WALLER.
ABSENT: MR. GULLEY.
Providing a FIRST CHOICE community through excellence in public service
STAFF RECOMMENDATION
Re uest I: Recommend approval of the rezoning for the following reasons:
A. The proposed zoning and land uses conform to the
Huguenot/Robious/Midlothian Area Plan which suggests the property is
appropriate for regional mixed use.
B. The proposed zoning and land uses are representative of and compatible
with existing and anticipated area development.
Re uest II: Conditional Use Planned Development
Recommend denial of setback reductions from Huguenot Road (Textual
Statement Item 4)
Recommend approval to reduce setbacks from Koger Center Boulevard and
within side and rear yards (Textual Statement Items 1, 2 and 3)
Recommend approval of perimeter landscape modifications along Huguenot
Road (Textual Statement Item 5)
These recommendations are made for the following reasons:
A. The setback exceptions along Huguenot Road interrupt the established
development pattern along the eastern portion of this corridor; are
inconsistent with Emerging Growth standards; and potentially set a
precedent for similar requests.
B. The setback exceptions along Koger Center Boulevard are consistent with
those approved for other developments along this corridor. Further, the
exceptions within side and rear yards should not adversely impact adjacent
office and commercial development to the north and east while promoting
integration with the adjacent eastern development through which an access
is propose .
C. The proposed size and type of landscape material along Huguenot Road is
better accommodated within existing utility easements and provides
enhanced planting densities.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION AND ONLY A "CPC" ARE CONDITIONS
RECOMMENDED BY THE PLANNING COMMISSION.)
2 10SN0273-NOV17-BOS-RPT
PROFFERED CONDITIONS
The property owners and applicants 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 property under consideration will be
developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owners and applicants. In the
event this request is denied or approved with conditions not agreed to by the owners and
applicants, the proffers shall immediately be null and void and of no further force or effect.
(CPC) 1. Master Plan. The Textual Statement dated October 13, 2010 shall
be considered the Master Plan. (P)
(STAFF/CPC) 2. Uses. Uses shall be limited to those permitted by right or with
restrictions in the Neighborhood Business (C-2) District except as
follows:
a. automobile self service stations shall be prohibited;
b. fast-food restaurants without drive-in windows shall be the
only C-3 permitted use. (P)
(STAFF/CPC) 3. Exterior Materials. All building exteriors (whether front, side or
rear), exclusive of doors, windows, and trim accents, shall consist
of masonry, stone, EIFS, architectural precast, integral color split
face block or glass as established as part of an overall architectural
theme. Aluminum or metal accents and standing-seam metal roofs
shall be permitted. (P)
(STAFF/CPC) 4. Siena _e. All freestanding signs shall be a monument style. The
base/structure of each sign shall be constructed of complementary
materials and colors as the building which it advertises. All
building-mounted signs shall be internally illuminated channel
letters and logos mounted on raceways painted to blend with the
building backdrop. (P)
(STAFF/CPC) 5. Dedication. Prior to any site plan approval or within sixty (60)
days from the date of a written request by the Transportation
Department, whichever occurs first, sixty (60) feet of right-of way
on the east side of Huguenot Road, measured from the centerline
of that part of Huguenot Road immediately adjacent to the
Property, shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
3 10SN0273-NOV17-BOS-RPT
(STAFF/CPC) 6. Access.
a. Direct vehicular access from the Property to Huguenot
Road shall be limited to one (1) entrance/exit, the centerline
of which shall be located approximately 365 feet from the
southern property line. This entrance/exit shall be limited to
right-turns-in and right-turns-out only. At the request of the
applicant, the Transportation Department may approve
modification to the location of the access.
b. No direct vehicular access shall be provided from the
Property to Koger Center Boulevard. (T)
(STAFF/CPC) 7. Transportation Improvements. Prior to the issuance of an
occupancy permit on the Property, the following improvements
shall be provided:
a. Construction of additional pavement along the northbound
lanes of Huguenot Road at the approved access to provide a
separate right turn lane.
b. Dedication to Chesterfield County, free and unrestricted, of
any additional right-of way (or easements) required for the
improvement identified above. (T)
(STAFF/CPC) 8. Huguenot Road Features. An entrance feature which shall include
a decorative masonry wall section for aesthetic rather than
screening purposes and which is architecturally compatible with
the building(s), shall be provided to each side of the Huguenot
Road entrance and extend a minimum of 15 feet along Huguenot
Road in each direction. This entrance feature shall tie into the
landscaping continuing along Huguenot Road as provided in
Textual Statement Condition 5. (P)
(STAFF/CPC) 9. Dum ster. Except for access doors, solid waste storage areas shall
be enclosed by a solid wall or fence constructed of comparable
materials to and designed to be compatible with the principal
building(s) that the solid waste storage areas serve. No dumpster
serving afood-related use shall be located within seventy-five (75)
feet of Tax ID 739-711-9651 unless and until such time as Tax ID
739-711-9651 is occupied by a use other than medical office.
(STAFF/CPC) 10. Loading Dock Orientation. No loading docks shall be located
adjacent and parallel to the western property line of Tax ID 73 9-
711-9651 unless and until such time as Tax ID 739-711-9651 is
4 10SN0273-NOV17-BOS-RPT
occupied by a use other than medical office. The foregoing shall
not preclude at-grade deliveries.
(STAFF/CPC) 11. Setbacks. The setback for buildings adjacent to Tax ID 739-711-
9651 shall be a minimum of twenty (20) feet on the side (east) and
thirty (30) feet on the rear (north) unless and until such time as Tax
ID 739-711-9651 is occupied by a use other than medical office.
(STAFF/CPC) 12. Hours of Operation. No use shall be open to the public between
the hours of 12:00 a.m. (midnight) and 6:00 a.m. (P)
GENERAL INFORMATION
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Northeast corner of Koger Center Boulevard and Huguenot Road. Tax IDs 739-711-9206
and 9230.
Existing Zoning:
0-2
Size:
2.9 acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North - 0-2; Office
South - C-2 and C-3 Commercial
East - C-4; Commercial
West - R-7 and 0-2; Single-family residential or office
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Public Water and Wastewater S,, std:
This request will not impact the public water and wastewater systems as the site is
currently connected to both systems.
5 10SN0273-NOV17-BOS-RPT
ENVIRONMENTAL
Drainage and Erosion:
The subject property is located in the 61/40 Drainage District. As such, the developer must
pay a pro rata fee for drainage improvements in the district if, when redeveloped, the
amount of impervious area exceeds that which is currently within the site.
There are no known drainage or erosion problems in the area and none are anticipated after
development. With any redevelopment of the property, the Chesapeake Bay Ordinance must
be addressed for the redeveloped section.
PUBLIC FACILITIES
Fire Service:
The Bon Air Fire Station, Company Number 4, currently provides fire protection and
Emergency Medical Service (EMS). This request will have a minimal impact on Fire and
EMS. Fire protection issues will be addressed at site plan.
County Department of Transportation:
Based on shopping center trip rates, development could generate approximately 3,000
average daily trips. These vehicles will be initially distributed along Huguenot Road,
which had a 2009 traffic count of 40,004 vehicles per day.
The Thoroughfare Plan identifies Huguenot Road as a major arterial with a recommended
right-of way width of 120 to 200 feet. The applicant has proffered to dedicate sixty (60)
feet of right-of way measured from the centerline of the road, in accordance with that
Plan. (Proffered Condition 5)
Access to major arterials, such as Huguenot Road and Koger Center Boulevard should be
controlled. The applicant has proffered no direct vehicular access from the property to
Koger Center Boulevard (Proffered Condition 6b). The applicant has proffered that direct
vehicular access from the property to Huguenot Road will be limited to one (1) right-
in/right-out entrance/exit (Proffered Condition 6a). This proffered condition would
require the developer to construct a new access approximately 100 feet north of the
existing access. The Transportation Department may approve modifications to the
location of the access at the request of the applicant. In addition, the applicant has
proffered to construct additional pavement along the northbound lanes of Huguenot Road
at the approved access to provide a separate right turn lane (Proffered Condition 7).
Virginia Department of Transportation (VDOT):
The proposed new entrance to the property is subject to the access management
requirements of VDOT, as found under Code of Virginia 24VAC 30-72 for "Principal
6 10SN0273-NOV17-BOS-RPT
Arterials," and the guidance provided in the VDOT Road Design Manual, Appendix F.
These requirements address location of entrances, and spacing relative to intersections,
other entrances, and cross-overs. It is noted that the existing entrance has "tenure." If a
revised location proves to be an improvement in terms of design, layout and traffic
handling, (such as moving the entrance further North and providing greater separation
from the signalized intersection, among other options) VDOT would support an
appropriate relocation of entrance.
With the land uses permitted under the proposed zoning classification, it is anticipated
that a right turn lane will be required on northbound Huguenot (Route 147). At the time
of site construction plan submittal, VDOT will review plans and make specific
recommendations regarding warranted turn lane geometric design details.
Please note that left turning movements from southbound Route 147 into the site are
currently restricted by means of a raised median. VDOT continues to support that access
to this site be limited to "right in/right out" for the following reasons:
• State Route 147 (Huguenot Road) is classified as an Urban Principal Arterial, and
is posted with a 45 MPH regulatory speed zone.
• The "Operational Area" of the intersection of Huguenot and Alverser/Koger
Center is calculated to be 665 feet, which extends along the entire frontage of the
proposed development.
• The median break required for a left turn would be located within the bay taper of
the southbound left turn lane of Huguenot Road. A median break would disrupt
the flow of traffic. Without proper physical separation, vehicles stopped at the
break are likely to experience rear-end collisions on Huguenot Road.
• Due to the close proximity of the site to the Huguenot Road/Alverser traffic
signal, direct left turn movements from Huguenot into or out of this site are very
likely to result in operational difficulties and decreased safety. The intersection
sight distance is critical, a driver placed at the median break may not able to
detect left turning traffic from Alverser Drive. A clear line of sight may be
restricted by the vehicles stopped at the signal.
T,ANT~ TIFF,
Comprehensive Plan:
The subject property is located within the boundaries of the Huguenot/Robious/Midlothian
Area Plan which suggests the property is appropriate for a mix of integrated office parks,
regional shopping centers, light industrial parks and higher density residential uses and,
where appropriate, community scale mixed uses. This regional mixed use area
incorporates established commercial and office park developments extending from
Midlothian Turnpike to Robious Road, and from Huguenot Road to Johnston Willis
Drive. The Plan suggests that such uses should be designed to be compatible with
adjacent uses and provide appropriate transition to surrounding residential areas.
7 10SN0273-NOV17-BOS-RPT
Area Development Trends:
The area is characterized by larger scale commercial development focused around the
intersection of Midlothian Turnpike and Huguenot Road and extending north along both the
north and south lines of Koger Center Boulevard. Properties along Huguenot Road are
developed and/or zoned for a mix commercial, office, single-family and multi-family
residential uses. Since the subject property represents the western edge of the regional mixed
use area, staff recommends that development in the vicinity would employ design
enhancements and use limitations to provide compatibility with, and transition to,
surrounding land uses along the Huguenot Road Corridor.
Zonin H.~ istory:
On November 27, 1985 the Board of Supervisors, upon a recommendation for approval
by the Planning Commission, approved the rezoning of a 1.9 acre tract to Office Business
(0) with conditional use planned development to permit a twenty (20) foot exception to
the required fifty (50) foot setback for buildings along Huguenot Road (Case 85SN0128).
That request incorporated the northern portion of the subject property and an adjacent
office site east of the subj ect property.
On March 26, 1986 the Board of Supervisors, upon a recommendation for approval by
the Planning Commission, approved the rezoning of a 1.9 acre tract from Agricultural (A)
to Office Business (0) with conditional use planned development to permit a twenty (20)
foot exception to the required fifty (50) foot setback for buildings along Huguenot Road
(Case 86SN0023). An office park was proposed to be developed in conjunction with
property zoned as part of Case 85SN0128. That request incorporated the southern portion
of the subj ect property.
On October 28, 1992 the Board of Supervisors, upon a recommendation for approval by
the Planning Commission, approved the rezoning of a 1.7 acre tract from Office Business
(0) to Corporate Office (0-2) for the purpose of developing a computer training school
within the existing office complex (Case 92SN0207). That request incorporated the
southern portion of the subj ect property.
Development Standards:
The request property lies within an Emerging Growth Area. The purpose of the Emerging
Growth Standards is to promote high quality, well-designed projects. Except as regulated by
conditions of zoning, development of the site must conform to the development standards of
the Zoning Ordinance which address access, parking, landscaping, pedestrian access,
architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters.
Uses and Hours:
As previously noted, the subject property represents an edge of a regional mixed use area
encompassed by Midlothian Turnpike, Huguenot and Robious Roads. To address this
8 10SN0273-NOV17-BOS-RPT
transition, Proffered Condition 2 limits uses to those permitted by right or with restrictions
in the Neighborhood Business (C-2) District, excluding automobile self service stations,
plus fast food restaurants without drive-in windows.
Proffered Condition 12 restricts hours that businesses can be open to the public.
Building Materials, Signage; and Entrance Enhancements:
Proffered conditions have been offered to address design standards for the proposed
development.
Currently, Emerging Growth standards permit the use of adorned-face concrete block and
pre-finished corrugated metal for building exteriors under certain restrictions. Proffered
Condition 3 addresses exterior building materials and restricts the use of block and metal.
The Ordinance permits freestanding signs to be of a pylon (pole-mounted) or monument
style. Further, the Ordinance permits building mounted signs to be mounted or painted as
individual letters/numbers or contained within a sign box. Proffered Condition 4 addresses
the design treatment for both types of signs.
In addition to perimeter landscaping, as described below, Proffered Condition 8 provides for
a wall entrance feature that is architecturally compatible with the project, to be located on
each side of the proposed proj ect entrance on Huguenot Road.
Perimeter Landscaping:
Within the required yard along Huguenot Road, the Ordinance requires the provision of
perimeter landscaping at a specified density, providing a mix of evergreen and deciduous
vegetation of varying sizes to provide visual enhancement. Existing preserved vegetation
may be credited towards this planting requirement. This required landscaping (Perimeter
Landscaping "C") is located within setback areas impacted by overhead and underground
utilities that limit the size of proposed plantings. As such, an exception is requested to
replace large deciduous trees with smaller varieties, adding color and visual interest, while
increasing the amount of medium shrubs by fifty (50) percent to enhance planting densities.
(Textual Statement 5)
Dumpsters; Loading Areas; and Setbacks:
Proffered Conditions 9, 10 and 11 and Textual Statement Items 1 and 2 provide for
separation of dumpsters serving food-related uses, loading areas and buildings from an
adjacent medical office building currently located within the existing project, as noted on the
attached map. As proffered, at such time that a use other than a medical office occupies this
adjacent building, these additional separation requirements shall not apply.
9 10SN0273-NOV17-BOS-RPT
Currently, the Ordinance requires that the view of dumpsters be screened from public rights-
of way; otherwise, if not visible beyond the project limits, dumpsters need not be screened.
At the request of the Midlothian District Commissioner, Proffered Condition 9 requires that
all dumpsters be enclosed so as not to be visible from within the project.
Buildin , Parking and Drive Setbacks:
The current request would permit setbacks exceptions for buildings, parking and drives from
all property boundaries, as discussed herein.
Huguenot Road:
Along Huguenot Road, setbacks would be reduced from fifty (50) to twenty-five
(25) feet for buildings, parking and drives (Textual Statement Item 4). As previously
noted, exceptions to permit minimum building setbacks of thirty (3 0) feet along
Huguenot Road were approved for the subject property in 1985 and 1986. With the
exception of the subject property and the adjacent Huguenot Commons to the north,
development along the eastern side of Huguenot Road, extending from Koger Center
Boulevard north to Featherstone Drive, has maintained building setbacks consistent
with Ordinance requirements of fifty (50) feet or greater. Parking setbacks within
this same geography have also followed Ordinance requirements. While parking and
building setback exceptions were granted for the Huguenot Place office park located
on the west side of Huguenot Road north of Olde Coach Drive, the narrowness of
this property combined with buffer requirements adjacent to Olde Coach Village
Subdivision supported the location of such improvements closer to Huguenot Road.
This same situation does not exist with the subject property.
While staff would be supportive of maintaining the existing thirty (30) foot setback
for buildings as currently demonstrated with the existing office development,
permitting further reductions is inconsistent with development patterns along this
portion of the corridor. It is staff's position that these exceptions undermine the
higher development standards of Emerging Growth District areas and interrupt the
existing development patterns along this corridor. Approval could set a precedent for
similar requests, possibly resulting in overdevelopment of area properties. As such,
staff does not support the requested setback exceptions from Huguenot Road.
Kober Center Boulevard:
Along Koger Center Boulevard, setbacks would be reduced from fifty (50) to
twenty-five (25) feet (Textual Statement Item 3). This exception is consistent with
that approved along the north side of this right-of way, eastward, up to and including
the pending Woodlands development at Mall Drive Extended.
10 10SN0273-NOV17-BOS-RPT
Side and Rear Yards:
Along the eastern property line (side yard), adjacent to commercial development,
setbacks would be reduced from ten (10) to eight (8) feet for buildings, and to zero
(0) feet for parking and drives (Textual Statement Item 1). Along the northern
property line (rear yard), adjacent to office development, setbacks for buildings,
parking and drives would be reduced from twenty (20) to ten (10) feet (Textual
Statement Item 2). These exceptions should not adversely impact adjacent
developments and will promote integration with this eastern development through
which an access is proposed.
CONCLUSION
The proposed zoning and land uses conform to the Huguenot/Robious/Midlothian Plan. Further, as
proffered, the request provides for limitations on uses as well as design standards to achieve
compatibility with area uses along the Huguenot Road Corridor.
The proposed setback exceptions along Koger Center Boulevard are consistent those approved
for other developments along this corridor. Exceptions to setbacks for side and rear yards should
not adversely impact adjacent office and commercial developments. In addition, the proposed
modifications to landscaping requirements maintain appropriate visual enhancements along the
Huguenot Road Corridor.
The proposed setback exceptions along Huguenot Road are not representative of area
development patterns in this area and could potentially set a precedent for similar requests.
Given these considerations, approval of the rezoning (Request I) with the conditional use
planned development (Request II) is recommended, without the requested relief to setbacks from
Huguenot Road. In conjunction with this recommendation, Textual Statement Item 4 should be
enie .
CASE HISTORY
Planning Commission Meeting (9/21/10):
On their own motion, the Commission deferred this case to their October 19, 2010 public
Baring.
Staff (9/22/10):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 27, 2010 for consideration at the
Commission's October 19, 2010 public hearing.
11 10SN0273-NOV17-BOS-RPT
Staff (9/24/10):
A community meeting has been scheduled for October 6, 2010 to discuss this request.
Applicant (10/l 1/10 and 10/13/10):
The applicant submitted amended proffered conditions and textual statement.
Planning Commission Meeting (10/19/10):
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation.
There was support present noting appreciation for the District Commissioner, applicant
and staff meeting with area property owners to address their concerns.
Mr. Waller stated that he appreciated the neighborhood and applicant resolving
differences; that this represented awell-worked case; and that the reduced setback for
improvements from Huguenot Road with proffered landscape enhancements would be
consistent with adj acent office development west of Huguenot Road.
On motion of Mr. Waller, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 5.
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, November 17, 2010, beginning at 6:30 p.m., will take
under consideration this request.
12 10SN0273-NOV17-BOS-RPT
CASE N0. l OSN0273
THIRD AMENDED AND RESTATED TEXTUAL STATEMENT
October 13, 2010
This is a request to rezone approximately 2.9 acres of the property (Tax IDs 739-711-9206 and
73 9-711-923 0) (the "Property") under consideration from 0-2 to C-3 with CUPD, subj ect to the
following relief:
1. Side Yard (Eastern Property) Setback. There shall be no side yard setback for
parking areas and drives. The side yard setback for buildings shall be a minimum of
eight (8) feet adjacent to Tax ID 740-711-2231 and a minimum of twenty (20) feet
adjacent to Tax ID 739-711-9651 unless and until such time as Tax ID 739-711-9651 is
occupied by a use other than medical office.
2. Rear Yard (Northern Property) Setback. The rear yard setback for buildings,
parking areas and drives shall be a minimum of ten (10) feet adj acent to Tax ID 73 9-711-
8784. The rear yard setback for buildings adjacent to Tax ID 739-711-9651 shall be
thirty (30) feet unless and until such time as Tax ID 739-711-9651 is occupied by a use
other than medical office, with no rear yard setback for parking and drive aisles.
3. Setbacks Along Koger Center Boulevard. All buildings, drives and parking areas shall
have aminimum oftwenty-five (25) foot setback from the ultimate right-of way.
4. Setbacks Along Huguenot Road. All buildings, drives and parking areas shall have a
minimum oftwenty-five (25) foot setback from the ultimate right-of way, exclusive of
turn lanes.
5. Landscaping. Landscaping along the Huguenot Road frontage shall comply with
Perimeter Landscaping C (option I) with the following modifications:
a. a small deciduous tree shall replace large deciduous trees; and
b. at least a one and one-half (1.5) medium shrub for each ten lineal feet.
SLEDD PROPERTIES, LLC,
a Virginia limited liability company, and
FPH ENTERPRISES, L.L.C.,
a Virginia limited liability company
By:
James W. Theobald, Attorney-in-Fact
Date: October 13, 2010
#3208064 v4 035946.00019
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