13SN0509CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0509
Charter (E & A) LLC
(AMENDED)
n~,-;i iti ~ni~ r~r
June 26, 2013 BS
Midlothian Magisterial District
Watkins Elementary, Midlothian Middle and Midlothian High Schools Attendance Zones
Southwest corner of Midlothian Turnpike and Charter Colony Parkway
REQUEST: Amendment of conditional use planned development (Case 94SN0138) relative to
the location of the East-West Collector Road, setbacks and the landscape plan
approval process along Le Gordon Drive in a Community Business (C-3) District.
PROPOSED LAND USE:
Commercial uses are planned on the request property. The applicant is seeking to
relocate the alignment of the East-West Collector Road, reduce setbacks from this
road and obtain conceptual landscape plan approval for the area fronting on Le
Gordon Drive.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 5.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed realignment of the east-west collector road continues to be
consistent with the recommendation of the Thoroughfare Plan relative to
providing a parallel road to Midlothian Turnpike.
B. The reduction of a setback requirement for buildings, drives and parking areas to
the north of the East-West Collector Road, defined as a special access street,
provides flexibility to locate improvements adjacent to the right-of--way while still
accommodating sidewallcs, street trees and pedestrian lighting.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
C. As proffered, the landscape treatment along Le Gordon Drive will mitigate the
development impacts of the request property on area residential development
along this road.
D. The original condition of zoning permits residential uses on the request property.
This request exceeds the Board's five (5) year time limitation to consider requests
and deem the previously approved Cash Proffers adequate. However, staff
considers the current request a minor modification to the Cash Proffer Policy
since the original condition of zoning will continue to limit residential densities.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
PROFFERED CONDITIONS
The Owners and the Developer (the "Owners") in this zoning 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 known as Chesterfield County Tax Identification Number 726-707-3592 (the
"Property") under consideration will be developed according to the following conditions if, and
only if, the rezoning request for amendment to the Conditional Use Planned Development
("CUPD") is granted. In the event the request is denied or approved with conditions not agreed
to by the Owners, the proffers shall immediately be null and void and of no further force or
effect.
The application contains two (2) exhibits described as follows:
Exhibit A -Plan titled "Special Access Road Plan," prepared by VHB, dated May 1, 2013.
Exhibit B. -Plan titled "Le Gordon Drive Landscaping" prepared by VHB, dated March 11,
2013.
(STAFF/CPC) 1. Master Plan. The Textual Statement dated January 14, 2013, and
last revised April 22, 2013, shall be considered the Master Plan.
(P)
(STAFF/CPC) 2. East-West Special Access Street.
A. Prior to any site plan approval, a variable width right-of-
way for an East West Special Access Street ("Special
Access") [as defined in Section 19-505(b) of the Zoning
Ordinance in effect at the time of this approval], from
Charter Colony Parkway to Le Gordon Drive and as
generally shown on Exhibit A, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County.
2 13SN0~09-1UN26-BOS-RPT
The exact location and width of this right-of--way shall be
approved by the Transportation Department.
B. The design and location of the Special Access shall be as
generally shown on Exhibit A and as set forth in Proffer 3,
with modifications approved by the Transportation
Department. If the development on the Property requires
relocation or realignment of the Special Access from that
shown on Exhibit A, upon request by the Owners, the
Transportation Department may approve such request. (T)
(STAFF/CPC)
(STAFF/CPC)
3. Transportation Improvements. Prior to issuance of a certificate of
occupancy for any development that accesses onto the Special
Access, two (2) lanes of the Special Access shall be constricted
from Charter Colony Parkway through the property to Le Gordon
Drive, based on VDOT Urban Local Standards with modifications
approved by the Transportation Department. (T)
4. Setbacks.
A. No nunimum or maximum setbacks shall be required for
buildings, parking, and drives located along the north side
of the Special Access except as to accommodate
improvements noted in Proffer 4.B. [For clarification, no
buffers are required along the Special Access.]
B. Sidewalks and pedestrian lighting shall be located along the
north side of the Special Access. Street trees shall be
located on both sides of the Special Access, outside of any
required site distance easements. The exact location and
treatment of these improvements shall be reviewed and
approved by the Planning Department as part of the site
plan process. (P)
(STAFF/CPC)
5. Le Gordon Drive Landscapi~n .
A. Landscaping along Le Gordon Drive shall be designed
generally in accordance with Exhibit B, except as modified
by subsections C and D below and Proffer 6.A.
B. The tree save area shall be twenty-five (25) feet in width
("Tree Save"). The edge of the BMP adjacent to the Tree
Save shall be adjusted to protect the drip lines of the
protected trees (extending beyond the tree save area),
which will provide for a more organic shape to the BMP as
3 13SN0~09-1UN26-BOS-RPT
shown on Exhibit B. The trees shown on Exhibit B in the
Tree Save reflect only the larger trees that are to be saved.
C. In addition to the larger trees, an on-site inspection by the
Planning Department may identify smaller trees within the
Tree Save that can also be saved. Those trees shall be
tagged and protected, subject to the final location of the
pedestrian access as set forth in Proffer 6.
D. If insufficient plantings exist in the Tree Save, as
determined by the Planning Department, additional
plantings shall be added in accordance to Perimeter
Landscaping D. The exact locations, quantities, species,
and sizes of any supplemental landscaping, including any
required landscaping around the BMP, shall be determined
at the time of site plan review. (P)
(STAFF/CPC) 6. Pedestrian Path Phasing.
A. In conjunction with development on the north side of the
Special Access, a five (5) foot asphalt pedestrian path or
other surface type ("Path"), as determined by the Planning
Department, shall be provided along Le Gordon Drive
adjacent to that portion of the Property that directly abuts
Le Gordon Drive. The Path shall meander through the Tree
Save in order to protect the trees and any additional
required landscaping.
B. If non-residential uses are developed on the Property
located to the south of the Special Access, a pedestrian
connection to the Path shall be provided, as approved by
the Planning Department at the time of site plan review for
that phase of the development. This pedestrian connection
shall tie into the pedestrian network provided along the
south side of the Special Access except at the pond
crossing. At least one pedestrian crosswallc located in-line
with the sidewallc fronting the shopping center buildings
that face Charter Colony Parkway shall be provided across
the Special Access, if approved by the Transportation
Department. (P)
(STAFF/CPC) 7. Pedestrian Li~htin~.
A. Lighting shall be provided along the Path to allow use of
the Path during the evening hours. The Path lighting, as
approved by the Planning Department, shall be provided as
4 13SN0~09-JL`~N2Ei-BOS-RPT
part of the design and constriction of the path. Lighting
fixtures for the Path may include bollards, tree up lighting,
smaller fixtures, or similar lighting types intended to
illuminate the Path.
B. Pedestrian lighting shall be maintained in good working
condition. (P)
(STAFF/CPC) 8. Timber Management. For the purpose of enhancing the health and
viability of the any timber remaining on the Property, timber
management under the supervision of a qualified forester, will only
be allowed upon the submission and approval of the appropriate
forest management plan to include, but not limited tq erosion
control, Chesapeake Bay Act/wetland restrictions, and the issuance
of a land disturbance permit by the Environmental Engineering
Department. Any other timbering shall be incorporated into the site
development erosion and sediment control plan/narrative as the
initial phase of infrastnicture constriction and will not commence
until the issuance of the actual site development land disturbance
permit issued as part of any site plan approval (EE)
GENERAL INFORMATION
T ncati nn
The request property is located in the southwest corner of Midlothian Turnpike and
Charter Colony Parkway. Tax ID 726-707-3592.
Existing Zoning:
C-3 with Conditional Use Planned Development
Size
26.9 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-3; Commercial uses or vacant
South and East - C-3 with Conditional Use Planned Development; Vacant
West - C-3, R-7 and R-MF with Conditional Use Planned Development; Commercial,
office, multifamily residential uses or vacant
13SN0~09-JL`~N2Ei-BOS-RPT
UTILITIES
Public Water and Wastewater Systems:
This request will not impact the public utility systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
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 Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
Fire Service:
The Public Facilities Plan_as part of the Comprehensive Plan indicates that fire and
emergency medical service (EMS) calls increased by forty-four (44) percent from 2001 to
2011, significantly faster than the County's population increase of seventeen (17)
percent. Of the total incidents in 2011, nearly seventy-six (76) percent were medical
emergencies and twenty-four (24) percent were fire-related. It is expected with the
general aging of the population that medical emergency incidents will increase faster than
the rate of population growth over time. Five (5) new fire/rescue stations are
recommended for constriction by 2022 in the Plan. In addition to the five (5) new
stations, the Plan also recommends the replacement/revitalization of four (4) existing
stations.
The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This
request will have a minimal impact on Fire and EMS.
6 13SN0~09-1UN26-BOS-RPT
Schools:
IMPACT OF DEVELOPMENT ANALYSIS:
Residential
Yield: 0
Student Yield
From Functional % of No. of
School Name Residential Membership Capacity Capacity Trai*ers
Development
*
Elementary: Watkins 0 1,013 726 140% 3
Middle: Midlothian 0 1,208 1,292 93% 5
High: Midlothian 0 1,406 1,574 89% 0
Total 0
NOTE: * The Student Yield is based on the 2012 Cash Proffer Methodology as provided by the
Chesterfield County Finance Department.
NOTE: ** If a school is less than 90% of capacity and has trailers, those trailers are not identified in
the staff report.
Student Membership is based on membership as of 10-1-12.
School Capacity is based on the 2012-13 Space Utilization Study.
After review of this request, the proposed amendment will not impact the aforementioned
schools involved. This proposal is to modify the requirement location of the East-West
Collector for constriction of a connector road, delete setback requirements and approval
of a conceptual landscape plan for Le Gordon Drive. No additional dwelling units are
proposed and therefore no new students will be generated by this proposal.
Libraries:
This request will have no impact on these facilities.
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) regional parks totaling 600
acres, ten (10) community parks totaling 790 acres, nine (9) neighborhood parks totaling
180 acres, and three (3) water-based special purpose parks. The Plan also identifies the
need for urban parks within mixed use developments to compliment and provide linkages
7 13SN0~09-1UN26-BOS-RPT
to the County's park system. The Plan identifies the need for linear parks and trails and
resource-based special purpose parks [historical, cultural and environmental] and makes
suggestions for their locations. The Plan also addresses the need to expand existing park
sites to meet level of service (LOS) standards. The Plan also identifies the need to
improve access to blueways through the acquisition of easements and properties. Co-
location with schools and other compatible public facilities is desired. No specific Plan
needs are associated with this zoning request.
County Department of Transportation:
The applicant is requesting to amend Case 94SN0138 regarding the location, dedication,
and constriction of an East-West Collector (referred to as "East-West Special Access
Street" and "Special Access" in the applicant's request). The Transportation Department
supports the amendment request.
In August 1994, the Board of Supervisors approved a rezoning request (Case 94SN0138)
consisting of approximately 822 acres for amixed-use project ("Charter Colony"). With
that zoning approval, the Board accepted a Textual Statement and a plan, which
subdivided the 822 acres into seven (7) tracts, as the Master Plan for development of
Charter Colony. The Master Plan identified the subject property as Tract 7. According to
the Textual Statement, development of Tract 7 requires a seventy (70) foot wide right-of-
way dedication and constriction of two (2) lanes for the East-West Collector from
Charter Colony Parkway to Le Gordon Drive. The Textual Statement also requires that
the general location of the East-West Collector to be within 1,500 to 1,700 feet south of
Midlothian Turnpike (Route 60).
The Thoroughfare Plan identifies the need for a parallel road system on the south side of
Route 60 from County Line Road to Charter Colony Parkway. This parallel road would
relieve Route 60 by providing an alternative means for east-west travel in this area of the
County, and by permitting travel between developments without necessitating the use of
Route 60. The East-West Collector is identified on the Thoroughfare Plan as part of that
parallel road system with a recommended right-of--way width of sixty (60) feet.
The applicant has proffered to dedicate a variable width right-of--way and constrict two
(2) lanes of the East-West Collector. The East-West Collector will be located
approximately 1,000 feet south of Route 60. As part of the condition, the Transportation
Department may approve relocation or realignment of the East-West Collector, upon
request by the owner. (Proffered Conditions 2 and 3)
Virginia Department of Transportation (VDOT):
The VDOT acknowledges that the East-West Collector Road between Le Gordon Drive and
Charter Colony Parkway is to be considered for acceptance by the State into the Secondary
System of Highways and will review the site plans for conformance to VDOT standards.
8 13SN0~09-1UN26-BOS-RPT
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling
Units
16 *
1.00
Population Increase 41.92 2.62
Number of New Students
Elementary 3.42 0.21
Middle 1.83 0.11
ugh 2.44 0.15
TOTAL 7.69 0.48
Net Cost for Schools
Net Cost for Parks $ 143,072 $ 8,942
Net Cost for Libraries $ 17,600 $ 1,100
Net Cost for Fire Stations $ 4,944 $ 309
Average Net Cost for Roads $ 11,344 $ 709
TOTAL NET COST $ 202,992 $ 12,687
$ 379,952 $ 23,747
* Based on the number of units proffered in 94SN0138 less those that have been
approved. The actual number of dwelling units built in Tract 7 and their corresponding
impact may vary.
The original case (94SN0138) was approved in August 1994. The case included a
proffered density (Condition 2) of 1,800 dwelling units if Tract 4 was utilized for non-
residential uses and 2,100 if Tract 4 was utilized for residential uses. Tract 4 has been
used for non-residential, so a density of 1,800 dwelling units is permitted in this
development. Condition 3 proffered cash for units built in excess of 2,088 in the amount
of $5,043 per dwelling unit (currently escalated by the Marshall and Swift Building Costs
Index to $9,327). In the entire development, 1,784 units have been approved; there are
sixteen (16) residential units remaining in the development's approved density left for
approval.
The applicant is requesting to revise a condition relative to the east-west access road
proffered in the original case. The Transportation Department recommends approval to
this change.
9 13SN0~09-1UN26-BOS-RPT
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, parks, libraries, fire
stations and roads as $23,747 per unit.
The current Cash Proffer Policy allows the County to assess the impact of all dwelling
units in previously approved zoning cases that come back before the Planning
Commission and Board of Supervisors using the calculated capital facility costs in effect
at the time the case is reconsidered (Section A.9. of the Cash Proffer Policy). It is
appropriate to accept the maximum cash proffer of $18,966 for each remaining dwelling
units to be built.
Should the Board of Supervisors find that the 1994 approved conditions and the
applicant's new transportation proffer outweigh the Policy issue relative to cases coming
back before the Commission and Board, given the favorable recommendation from the
Transportation Department, the Cash Proffer Policy does allow the Board to accept a cash
proffer less than the current maximum.
The Planning Commission and the Board of Supervisors, through their consideration of
this request, may determine that there are unique circumstances relative to this request
that may justify acceptance of proffers as offered for this case.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Midlothian Area Community
Plan, which suggests the property is appropriate for Village Fringe Area and Planned
Transitions Area uses.
Area Development Trends:
The area is characterized by a mix of commercial, residential and vacant land uses.
Properties to the south and east are zoned Community Business (C-3) and remain vacant.
Properties to the north are zoned Community Business (C-3) and are developed for
commercial uses or remain vacant. Properties to the west are zoned Community Business
(C-3), Multifanuly Residential (R-MF) and Residential (R-7) and have been developed as a
mix of commercial, office and residential developments. These developments include the
Midlothian Wood multifanuly development, Ivymont Square Shopping Center and an office
building.
Zoning HistorX:
On August 24, 1994 the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning and conditional use planned development
on the request property and adjacent property (Case 94SN0138). With the approval of
Case 94SN0138, the entire property was divided into tracts. The request property was
10 13SN0~09-1UN26-BOS-RPT
identified as Tract 7. The approved Textual Statement for Case 94SN0138 restricted uses
in Tract 7 to those uses permitted in the Community Business (C-3) District with
Conditional Use Planned Development to permit residential multifamily and townhouse
uses; recreational uses accessory to residential uses in the development; private schools
plus exceptions to Community Business (C-3) bulls requirements. Condition relative to
the location and constriction of the East-West Collector as well as the landscape
treatment along Le Gordon Drive were also outlined as conditions in the Textual
Statement.
Setbacks:
Proffered Condition 4.A provides that development north of the Special Access Street
shall not be required to meet minimum or maximum setbacks for buildings, drives and
parking areas. This exception applies only to improvements adjacent to the Special
Access Street and does not apply to any other yard, road frontage or the area located
south of the Special Access Street on the request property. All other development
requirements for non-residential uses on the request property would continue to conform
to the requirements of the Midlothian Village Fringe District (Textual Statement, Tract 7,
Item 2).
Streetscape Improvements, Special Access Street:
Proffered Condition 4.B states that sidewallcs and pedestrian lighting must be included
along the north side of the Special Access Street. Street trees, located outside of required
site distance easements, would be required along both side of the Special Access Street.
These improvements would be review and approved during site plan approval by the
Planning Department.
Le Gordon Drive Landscapi~n
The applicant requests the deletion of Item 4 in the original textual statement for Case
94SN0138, which requires the review of the landscaping treatment along Le Gordon
Drive by the Planning Commission at time of site plan review. In addition to standard
landscape requirements, the Planning Commission was tasked with reviewing additional
measures such as additional landscaping, architectural treatment, fences, walls, hedges,
berms as a means of mitigating the development impacts upon Le Gordon Drive (Textual
Statement, Tract 7, Item 4). This item was negotiated with the adjacent property owners
as part of the original Charter Colony zoning request.
In lieu of the Item 4, the applicant has proffered a condition that illustrates a conceptual
landscape plan for Le Gordon Drive (Proffered Condition 5, Exhibit B). Exhibit B
provides atwenty-five (25) foot tree save and landscape area along Le Gordon Drive.
The intent of the conceptual landscape plan is to address the landscape treatment along
Le Gordon Drive. This plan is not meant to reflect approval of the landscape treatment
along the BMPs, East-West Collector Road or other required landscaped setbacks in the
project.
11 13SN0~09-1UN26-BOS-RPT
The request property is subject to the standards enumerated in the Midlothian Fringe
District. Within the Midlothian Fringe District, building setbacks along front and corner
side yards are twenty-five (25) feet in width with the installation of Perimeter Landscape
D. Le Gordon Drive serves as a corner side yard for the request property. Therefore, a
twenty-five (25) foot setback with the installation of Perimeter Landscape D would
typically be required along this street frontage, per the Zoning Ordinance.
The applicant has proffered several enhanced landscaping elements to mitigate the impact
of development on the request property. Atwenty-five (25) foot tree save area is
proposed along Le Gordon Drive (Proffered Condition S.B, Exhibit B). The tree save area
would be evaluated by the Planning Department to determine if additional trees not
designated on Exhibit B would be retained. These additional trees shall be tagged and
protected prior to the location of the pedestrian path outlined in Proffered Condition 6.A
(Proffered Condition S.C). If staff finds that insufficient plantings exist in the tree save
area during site plan review, additional plantings would be supplemented in accordance
with Perimeter Landscape D (Proffered Condition S.D). The edge of the BMP as shown
on Exhibit B would also be adjusted to provide protection for the existing drip lines of
trees located in the tree save area. (Proffered Condition S.B)
Pedestrian Path Phasing:
In conjunction with development of the property located north of the Special Access
Street, a five (5) foot wide pedestrian path is required along the property's frontage on Le
Gordon Drive (Proffered Condition 6.A). The paving material of this path would be
reviewed and approved by the Planning Department. The design of the pedestrian path
would be located to protect and preserve existing trees and additional landscaping located
within the designated "tree save" area.
With the development of non-residential uses on the south side of the Special Access
Street, a pedestrian connection that extends from the southern portion of the Le Gordon
Drive Path to the pedestrian network located on the south side of the Special Access
Street would be provided during the site plan review for this phase of development
(Proffered Condition 6.B) A pedestrian crosswallc would also be provided in-line with
sidewallc fronting the shopping center buildings oriented towards Charter Colony
Parkway, located to the north of the Special Access Street.
Pedestrian Lighting:
The pedestrian path along Le Gordon Drive would be installed along the length of the
path to enable use of the path in the evening hours. Specifications for the type of
pedestrian lighting and fixture would be reviewed through the site plan process. The
property owner would be responsible for the pedestrian lighting to remain in good
working condition.
12 13SN0~09-1UN26-BOS-RPT
CONCLUSION
The proposed relocation of the East-West Collector is consistent with the recommendation of the
Thoroughfare Plan. The reduction in setbacks from this right-of--way assists in achieving the
overall schematic for this project, to include project enhancements such as sidewallcs, street trees
and pedestrian lighting. Landscaping offered along Le Gordon Drive achieves the intent of the
original conditions of zoning in mitigating development impacts on neighboring residential uses.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (4/16/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their May 21, 2013 public hearing.
AYES: Messrs. Brown, Wallin, Gulley and Waller.
ABSENT: Mr. Patton.
Staff (4/17/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 22, 2013 for consideration at the Commission's
May 21, 2013 public hearing.
Staff (4/22/13, 5/2/13 and 5/9/13):
Revisions to proffered conditions were received.
Planning Commission Meeting (5/21/13):
The applicant's representative accepted the recommendation. There was no opposition
present.
There was support noting the applicant's willingness to work with the community on
design issues for this project.
On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 5.
13 13SN0~09-1UN26-BOS-RPT
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
The Board of Supervisors, on Wednesday, June 26, 2013 beginning at 6:30 p.m., will take under
consideration this request.
14 13SN0~09-JL`~N2Ei-BOS-RPT
Textual Statement
January 14, 2013
Revised March 20, 2013
Revised April 22, 2013
Tract 7 - C-3 with Conditional Use Planned Development to permit residential multi-
family and townhouse uses; recreational uses accessory to residential uses in the
development; private schools plus exceptions to C-3 bulk requirements.
1. Uses permitted shall be those permitted in the Community Business (C-3)
District; Residential Multi-Family (R-MF) District and Residential Townhouse
(R-TH) District; recreational uses accessory to residential uses in the
development; plus private schools.
2. Development of any non-residential use shall conform to the requirements of the
Midlothian Village Fringe District of the Zoning Ordinance, except that the
setbacks from the East-West Special Access Road shall be as set forth in
Proffer 4.
3. Residential multi-family and townhouse uses shall conform to the Zoning
Ordinance requirements for Residential Multi-family (R-MF) for any multi-family
uses and Residential Townhouse (R-TH) for any townhouse uses except that
there shall be no minimum acreage requirements for such uses and density shall
not exceed fourteen (14) units per acre.
5. At time of site plan review for any recreational uses, conditions may be imposed
to insure land use compatibility. These conditions may address, but not
necessarily be limited to, buffering screening, lighting and hours of operation.
6. A natural or open space area of approximately four (4) acres shall be maintained
between Charter Colony Parkway and LeGordon Drive, generally adjacent to
Parcels 2, 4, 5, 7, 10, 19, and 20 on Tax Map 15-15 (1) as illustrated on Exhibit
'B.' This open space may be utilized for access, stormwater retention, wetlands
mitigation, water quality facilities, utility extensions and similar uses as may be
approved by the Planning Commission, but shall not be used for building or
parking. Specific measures shall be required to mitigate the impact of these
improvements to LeGordon Drive and adjacent residential areas, if deemed
necessary by the Planning Commission. These measures may include but not
necessarily be limited to additional landscaping, architectural treatment, fences,
walls, hedges, berms, etc.
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