17SN0615
CASE NUMBER: 17SN0615
APPLICANT: CHESTERFIELD COUNTY BOARD OF SUPERVISORS
CHESTERFIELD COUNTY, VIRGINIA
DALE DISTRICT
STAF
AND RECOMMENDATION
Board of Supervisors: MARCH 15, 2017
Board of SupervisorsTime Remaining:365 DAYS
KIRKLAND TURNER (804-748-1050)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
124.2 Acres 9721 Burnett Drive
REQUEST
REQUEST I - Rezoning (Residential Townhouse (R-TH) to Agricultural (A) of 93.9 ac of subject tract);
Conditional Use to permit a private school and Conditional Use Planned Development
to permit exceptions to sign requirements on entire subject tract.
REQUEST II - Exception to the utility ordinance to permit Phase I of development to be constructed
without use of public sewer system (Exhibit, Attachment 3)
Note: Conditions may be imposed. Conditions and exhibits are located in Attachments 1 3.
SUMMARY
Operation of a private school and college by Banner Christian School is planned. Incidental uses
would include school indoor and outdoor recreational use; a performing arts center/theater; school
and medical offices; supporting retail; library; cafeteria; concession stands; outside public address
system for athletic fields; dormitories; and a dwelling unit for the school headmaster.
RECOMMENDATIONS
COMMISSION (REQUESTS I AND II) APPROVAL CONDITIONS ASSIST IN MITIGATING IMPACTS
(REQUEST I) PLANNING AND TRANSPORTATION APPROVAL
Private school use offers non-residential component to area
As conditioned, use compatible with area development
Provides Thoroughfare Plan road through property and other improvements
STAFF
(REQUEST II) PLANNING APPROVAL Sewer would be extended with Phase 2 of
development or is within 500 ft.
(REQUEST II) UTILITIES DENIAL Sewer exists within 3300 ft.; Existing zoning
and County code require use of public wastewater
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
The Public Facilities Plan identifies the need for one Community Park,
of 90 acres, nearest this location. Land for this park has not been
acquired.
Proposal does not offer to address the impacts on pedestrian facilities
along Courthouse Road, as suggested by the Bike and Trails Chapter of
PARKS AND
the Comprehensive Plan
RECREATION
Consideration of a pedestrian/bicycle system within the development
and connection to the Courthouse Road Plan route is encouraged
Consideration of pedestrian/bicycle facilities along Newbys Bridge
Road for future connection to the Belmont Road Bike and Trails Plan
route is encouraged
Since the property is already zoned with the required use of public
wastewater and connection to the public wastewater system is required
UTILITIES
by County Code, the Utilities Department does not support this case.
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Comprehensive Plan
Classification: REGIONAL MIXED USE
The designation suggests the property is appropriate for an integrated mixture of highly concentrated
corporate office, commercial, light industrial/research and development, and higher density residential uses
with public spaces, located on large tracts of land generally at the interchange of arterials and limited access
roads.
Surrounding Land Uses & Development
Newbys
Burnett Dr
Bridge Rd
Bridge Rd
Courthouse Rd
Single-family uses
Vacant industrial land
Single-family uses
Single-family uses
Belmont
VA RT 288
Rd
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
ZONING HISTORY
Case Number BOS Action Request
Rezoning to Residential Townhouse (R-TH) of 116 acres
(including 93.9 acres of the request property and 22 acres
made up of adjacent properties southwest of the subject
property) with conditional use planned development to
permit single and multi-family use, exceptions to
ordinance requirements, and a waiver to street
Approved
06SN0120 connectivity requirement. An age restricted development
(3/8/2006)
with a mix of residential uses along with 7 acres of
Roads) was planned. Conditions of approval addressed
density, buffers, site and architectural design and road
improvements, including construction of two lanes of the
East /West Collector through the property.
PROPOSAL
Banner Christian School plans to move their existing school to the property. The school has plans
to build a new campus, expand their existing enrollment, and ultimately operate a private college
in addition to the Pre-K thru 12 curricula.
Private schools and colleges are permitted with the approval of a Conditional Use in an Agricultural
(A) District. Approval of a conditional use planned development is necessary to permit certain
supporting uses for the school and exceptions to ordinance requirements (Textual Statement).
Supporting uses are planned which would only be permitted in conjunction with the private
school/college use, as identified in the General Overview on the following page.
Development of the property would be required to comply with Zoning Ordinance standards for
Emerging Growth Districts, except as outlined in this case (Condition 14). Details of these
exceptions, an are provided
on the following page:
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General Overview
Requirements Details
Textual Statement
Master Plan
Condition 1
Maintains uses permitted in Agricultural (A) District
Private school and college
In conjunction with school use:
Athletic fields, courts, walking trails and incidental
o
similar recreational facilities
Gift shop and book store
o
Carry-out and sit down restaurant use (cafeteria
o
Permitted Uses
and concession stands)
School and medical offices
o
Library and performing arts center/theater
o
Dormitories for student housing
o
A single family dwelling for use by the school
o
headmaster
Indoor recreational use
o
Condition 3
Hours permitted for use of the outside public address system
Outside Public Address and
and lighting for outdoor recreational use are limited based
Lighting
on distance of use from property lines
Condition 5
100 foot setback inclusive of 50 foot buffer with Perimeter
Landscape C around entire property, except no buffer
required adjacent to Tax ID 753-677-3256 and the 50 foot
buffer adjacent to all active outdoor recreational use,
Setbacks/Buffers
athletic fields and courts shall comply with zoning ordinance
requirements.
Trails permitted in setback but not in buffer
50 foot setback for playground areas
Condition 8
Required parking and drives will be paved as required by
Zoning Ordinance
Overflow parking may be paved or gravel
Driveways, Parking and Curb and
Curb and gutter optional along perimeter drives and parking
Gutter
Recreational fields may be used for overflow parking for
special events
Proffered Condition 4 and Textual Statement II
Notice of Potential Airport Noise Notice required to all future owners or tenants
Condition7
Impacts
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General Overview (Continued)
Requirements Details
Permitted signs will be those permitted by the Zoning
Ordinance, except that:
A variable message electronic sign would be permitted
o
to be incorporated into the freestanding sign permitted
Limitations offered to ensure sign meets EMC Policy
except for separation from R zoned properties and A
zoned properties designated to permit residential
Signs
use
To mitigate visibility from these R and A properties,
message will only be permitted to change once
every hour
Scoreboards and other signs (such as those advertising
o
goods, services and products) will be permitted internal
to the project with limitations on area and height
Textual Statement IV
The Comprehensive Plan designates the subject property and surrounding area as a Regional
Mixed Use area. The area would be appropriate for a mix of higher density residential and a
variety of non-residential uses. Non-residential uses (commercial, office and industrial uses)
should represent the majority of the uses within this regional mixed use area with higher density
residential uses developed in conjunction with the non-residential uses. The private school use
offers a non-residential component to the Regional Mixed Use area which could encourage
higher density residential use ancillary to the school use.
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FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
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.
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Manchester Volunteer Rescue Squad Fire Station,
Company Number 24
EMS Facility The Manchester Volunteer Rescue Squad
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The property is approximately 124 acres located between Courthouse Road, Newbys Bridge
Road and Burnett Drive just north of Route 288. The majority of the property, 94 acres, was
rezoned in 2006 (Case 06SN0120) as part of a request on 116 acres to permit a mixed use
development. The balance of the property, 30 acres, is currently zoned agricultural. The
applicant is requesting rezoning of the 116 acres to Agricultural with a Conditional Use to
permit a private school and associated uses on the entire 124 acre property.
The Thoroughfare Plan, a component of the Comprehensive Plan, identifies a proposed
East/West Arterial that extends from Courthouse Road, through the subject property, to
Belmont Road at Whitepine Road (See map on the following page). This road is intended to
serve the Regional Mixed Use and Industrial properties suggested for this area in the
Comprehensive Plan, as well as the Chesterfield County Airport and the surrounding industrial
park. If this request is approved, the adjacent 21 acres that were part of Case 06SN0120, but
are not included with this case, will be required to construct most of the East/West Arterial.
Based on discussions with the applicant, the current enrollment at the school is 220 students,
with plans to expand to over 1,000 students from kindergarten through 12 th grade. The
anticipated traffic generation from a private school ranging from 220 to 1,500 students is in
Table 1 below; however, this request does not limit the size of the school.
AM Peak Hour (7 to 9 AM)PM Peak Hour (4 to 6 PM)
DescriptionStudentsEnterExitTotalEnterExitTotalADT
Private School, K-12 (students)22010969178162137546
Private School, K-12 (students)5002471584053748851,240
Private School, K-12 (students)1,00048230879073971702,480
Private School, K-12 (students)1,5007174581,1751101452553,720
Table 1: Trip Generation for a private school (220 1,500 students)
In accordance with the Thoroughfare Plan, and in order to mitigate the traffic impact of this
request, staff recommends approval be subject to the imposition of Conditions 9 13.
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VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
Land Use Permit (24VAC30-151)
Construction of the improvements cited under the Access and Road Improvement proffers are
subject to compliance with Department standards. VDOT will verify standard compliance,
including the evaluation of turn lane warrants/capacity and the location of the proffered access
points, through the County site plan review process.
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Existing Water and Wastewater Systems
Currently
Size of Closest Existing Lines Connection Required by County Code
Utility Type
Serviced
Water No Yes
Wastewater No Yes
Additional Utility Comments
The property is currently zoned R-TH with a requirement to use public water and wastewater per
zoning case 06SN0120 and this property is located in the mandatory water and wastewater use
areas.
line (Option 1) located near Belmont Rd and Licking Creek approxima
site,
subdivision approximately 4,550 from site (Option 2). Also,
om which the wastewater service will be extended will be
determined by where buildings are planned to be located on the site.
that terminates approximately
necessary.
The applicant is requesting an exception to connect to public wastewater for Phase 1 of the
development, which they have defined as a 54,300 square foot classroom building, 20,000 square
foot of field house space and recreational fields (Exhibit, Attachment 3). Since the property is
already zoned with the required use of public wastewater and connection to the public
wastewater system is required by County Code, the Utilities Department does not support this
case.
If the exception is granted, the Utilities Department recommends such approval be subject to the
imposition of Condition 2. (Attachment 1)
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ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Issue Discussion/Conditions
The parcels are located within the Falling Creek Watershed.
The parcel located at 9721 Burnette Drive primarily drains to the
north to a 65 x 40 inch corrugated metal arch culvert under
Burnett Drive. This culvert drains to an existing pond
downstream of Burnett Drive, which discharges to an unnamed
Geography
tributary to Horners Run.
Approximately 25 percent of the parcel located at 9721 Burnette
Drive and the entire parcel located at 6050 Newbys Ridge Road
drain to culverts under Newbys Bridge Road. These culverts
discharge to unnamed tributaries to Licking Creek.
A Resource Protection Area Designation (RPAD) must be submitted and
Natural Resources approved by the Environmental Engineering-Water Quality Section prior
to approval of the site plan.
Downstream Impacts:
There is an existing pond downstream of the culvert under Burnett
Drive into which a portion of the proposed development drains.
This pond is vulnerable to sedimentation during construction, as
well as increased stormwater discharge, which has the potential to
overpower its existing spillway system.
Onsite detention to predevelopment rates shall be provided to
protect downstream private properties from increased flooding, as
approved by the Department of Environmental Engineering.
Proffered Condition 6.B. and C.
Drainage
The existing culverts under Belmont Road are currently not
adequate to handle increased runoff generated by the proposed
development. In addition, existing private properties downstream
of Belmont Road experience flooding during large storm events.
Onsite detention to predevelopment rates, culvert improvements in
Newbys Bridge Road, or a combination of both shall be provided to
protect the roadway and adjacent private properties from
increased flooding, as approved by the Department of
Environmental Engineering.
Proffered Condition 6.A.
The development will be subject to the Part IIB technical criteria of the
Stormwater
Virginia Stormwater Management Program Regulations for both water
Management
quality and water quantity.
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PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov
Mission
The County supports a high-quality park system to provide residents and visitors with equitable
access to active and passive recreation opportunities. The 2012 level of service is 5.9 acres of
regional, community and neighborhood parkland per 1,000 persons whereas the target level of
service is 9 acres per 1,000 persons.
Nearby Parks Facilities \[within 3 mile radius\]
Cogbill Park \[undeveloped\]
Anna Atkins Park \[undeveloped\]
Daniel Park
Rockwood Park
1 Elementary School Athletic Area
Public Facilities Plan
The Public Facilities Plan identifies the need for one Community Park, of 90 acres, nearest this
location. Land for this park has not been acquired.
The Bikeways and Trails Chapter of the Comprehensive Plan recommends provision of
pedestrian/bicycle facilities along all routes shown on the Plan and connections from these routes
and existing pedestrian/bicycle facilities to adjacent developments. The plan recommends a route
route, for bicycle facilities, has already been completed with a prior road project and no additional
improvements are required.
The applicant has not offered to address the impacts on pedestrain facilities along the Plan route.
The applicant is also encouraged to consider a pedestrian/bicycle system within the development
and connection to the Courthouse Road Plan route and to consider pedestrian/bicycle facilities
along Newbys Bridge Road for future connection to the Belmont Road Plan route.
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CASE HISTORY
Applicant Submittals
10/13/2016 Application submitted
1/27/2017 Conditions modified and exhibit submitted
Community Meeting
11/14/2016 Issues Discussed
Propose an exception to public sewer connection for first phase of
development
Plan to open Fall 2018
Stormwater run-off towards properties along Courthouse Road
Total of 6 athletic fields planned
Phase 1 would include 482 students and 50 teachers
School plans to operate farming operation on property while
construction occurs
Planning Commission Meeting
1/17/2017 Action DEFERRED TO FEBRUARY 21, 2017, ON THEIR OWN MOTION WITH
2/21/2017 Citizen Comments:
Road in proximity to an adjacent property is a concern
Support school use but concerned about noise from outside speakers
Commission Discussion:
Mr. Jackson stated, for transparency, his children attend Banner Christian
a conflict of interest in this case.
Through questions of a representative for Banner Christian School, the
Commission noted:
A
Road is not extended to the east or west
Area for a mass drainfield to serve Phase I of the development is being
reserved
Conditions would assist in mitigating impact on area properties relative
to outdoor sports and use of outside public address
Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN
ATTACHMENT 1
Motion: Jackson Second: Jones
AYES: Sloan, Jackson, Freye, Jones and Wallin
The Board of Supervisors on Wednesday, March 15, 2017, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
CONDITIONS
Note:
Both the Planning Commission and Staff recommend the following conditions be imposed.
1.Master Plan: The Textual Statement, last revised January 12, 2017 shall be considered
the Master Plan. (P)
2.Utilities. Public water and wastewater systems shall be used.
A.With any future construction beyond Phase 1, the property owner shall extend the
public wastewater system to the site and connect all existing and future facilities to
the public system. The Exhibit,
2017, depicts the buildings to be developed as Phase 1. The actual orientation and
shape of the proposed buildings may vary with the submission of the site plan(s), but
shall generally follow the scope shown on the Exhibit.
B.In conjunction with the site plan approval of Phase 1, permanent and temporary
construction water and wastewater easements shall be dedicated on the property
for future extensions to serve this property and others beyond this development.
The location of the easements shall be where deemed appropriate by mutual
agreement of the developer and the Department of Utilities.
C.Regardless of Condition A, connection to the public wastewater system shall be
required once a public wastewater line has been extended to within 500 feet of the
property, exclusive of right-of-way width, with necessary off-site easements in place.
(U)
3.Uses. Permitted uses shall be limited to those uses permitted by right within the
Agricultural (A) District, plus the following uses permitted only in conjunction with the
private school use on the property:
A.Athletic fields, courts, and similar outdoor recreational facilities;
B.Book store;
C.Medical office;
D.Dormitories, for student housing, which shall not be designed as individual dwelling
units;
E.One (1) single family dwelling for occupancy by the school headmaster;
F.Gift Shop;
G.Library;
H.School offices;
I.Restaurant, to include carry-out and sit down, to provide a cafeteria and concession
stand use;
J.Performing arts theater.
K.Indoor recreational use (P)
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4.Parking. Recreation fields may be used for temporary special event parking. (P)
5.Lighting and Public Address Curfew: Lighting and outside public address systems for all
playfields, courts and similar outdoor recreational uses located closer than 750 feet
from the property boundary shall be turned off by 11:00 p.m. Lighting and outside
public address systems for all other playfields, courts and similar outdoor recreational
uses shall be turned off by 12:00 a.m. (midnight). The foregoing shall not apply to
security lighting for parking areas. (P)
6.Storm Water Management.
A.The developer shall provide onsite retention, culvert improvements in Newbys
Bridge Road, or a combination of both in order to provide drainage capacity across
Newbys Bridge Road that meets State criteria and causes no increase to the 100-
year flood elevation downstream.
B.The post-development 1, 10 and 100-year peak discharge to the existing culvert
under Burnett Drive shall not exceed the pre-development 1, 10 and 100-year peak
discharge, respectively.
C.If it is determined that downstream facilities have adequate capacity or if off-site
improvements are provided, alternative storm water measures may be approved by
the Director of Environmental Engineering at the time of site plan review. (EE)
7.Airport Noise Impacts: The private school agrees to notify (by record notice, deed,
contract for sale, occupancy agreement, lease, or other similar property agreement)
future owners and tenants of property within the flight pattern overlay of potential
overhead noise impacts resulting from the Property's location in an airport traffic
pattern for the Chesterfield County Airport. Such notice shall include a statement that
the normal operations of the airport includes taking off and landing of aircraft at the
airport, which can occur at any time day or night, seven days a week, including holidays,
all weeks of the year. For the purpose of providing permanent record notice, within six
months of the approval of this request, the Land Owner, or Developer on his behalf,
shall record a notice that will be part of the chain of title for all or any part of the
Property that provides written notice of potential overhead noise impacts. The record
notice shall be submitted for approval to the Chesterfield County Attorney's office prior
to recordation. (P)
8.Setbacks:
A.Perimeter of Property: A minimum of a 100 foot setback, inclusive of a fifty (50) foot
buffer, shall be provided around the entire perimeter of the property. Except where
athletic fields as described in 8.B. below must provide additional landscaping and
adjacent to Tax ID 753-677-3256 were no buffer shall be required, the fifty (50) foot
buffer shall include Perimeter Landscaping C.
B.Athletic Fields and Playfields: Except for playground areas which accommodate
swings, jungle gyms, or similar such facilities, all active playfields, courts or similar
active recreational facilities which would accommodate organized sports such as
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football, soccer, basketball, etc., shall be setback a minimum of 100 feet from any
adjacent properties zoned for residential purposes or zoned agricultural and shown
on the Comprehensive Plan for residential use. Within this setback, a fifty (50) foot
buffer shall be provided in accordance with zoning ordinance requirements.
Playgrounds shall be setback a minimum of fifty (50) feet from property lines. Trails
shall be permitted within the 100 foot setback but shall not be permitted within the
fifty (50) foot buffer. (P)
9.Prior to any site plan approval or within sixty (60) days of a written request, whichever
occurs first, the following rights-of-way shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County:
A.A ninety (90) foot wide right-of-the western
property line to n Newbys Bridge Road. The exact alignment and location of this
right-of-way shall be approved by the Transportation Department.
B.Forty-five (45) feet of right-of-way on the west side of Newbys Bridge Road
measured from the centerline of the road immediately adjacent to the property. (T)
10.Direct vehicular access from the property to Courthouse Road shall be limited to one
entrance/exit. The exact location of this access shall be approved by the Transportation
Department. (T)
11.Direct vehicular access from the property to Newbys Bridge Road shall be limited to the
East/West Arterial. (T)
12.Direct vehicular access from the property to Burnett Drive shall be limited to emergency
vehicles only. This access shall be gated in a manner acceptable to the Fire Department.
(T and F)
13.The following shall be complete prior to development beyond Phase 1 as indicated on
the Exhibit
Balzer and Associates and last revised January 24, 2017:
A.Construction of two lanes of the East/West Arterial, to VDOT Urban Minor Arterial
(50 MPH) standards with modifications approved by the Transportation Department,
from Newbys Bridge Road to the western property line:
B.Construction of right and left turn lanes along the East/West Arterial at each
approved access, if warranted, as determined by the Transportation Department;
C.Construction of right and left turn lanes along Newbys Bridge Road at the East/West
Arterial intersection;
D.Construction of a three (3) lane typical section for the East/West Arterial at the
Newbys Bridge Road intersection;
E.Dedication to Chesterfield County, free and unrestricted, of any additional right-of-
way required for these improvements. (T)
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14.Development of the property shall comply with Emerging Growth District standards for
Corporate Office (O-2) uses. (P)
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ATTACHMENT 2
TEXTUAL STATEMENT
1/12/2017
I.Signage:
a.One (1) computer controlled variable message electronic (EMC) sign shall be
permitted, incorporated into the freestanding sign, as permitted by the Zoning
i.Copy shall be limited to a maximum of three (3) lines and shall not move
but may fade;
ii.The message or display shall be programmed to change no more than
once every sixty (60) minutes;
iii.Sequential messaging shall be prohibited;
iv.Flashing and traveling messages shall be prohibited;
v.Bijou lighting and animation effects shall be prohibited;
vi.The electronic message center shall be incorporated into an
architecturally designed sign structure that is compatible and
complimentary to the buildings it serves; and
vii.Brightness shall be limited so as not to exceed 0.3 foot candles above
ambient light as measured using a foot candle meter at a distance of
seventy-seven (77) feet. The sign shall have a photocell that
automatically adjusts the brightness according to the ambient light
conditions.
b.Scoreboards as well as signs advertising goods, services or products shall be
permitted within the development incidental to outdoor playfields. If a sign will
not be visible from off the Property, there shall be no size or height limitation. If
a sign will be 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 (8) feet.
i.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 soccer complex or other similar facilities accommodating
sporting events or activities.
ii.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. (P)
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II.Driveways, Parking and Curb and Gutter: All required driveways and parking shall be
paved with concrete, bituminous concrete, or asphalt. Any overflow driveways and
parking areas shall be constructed with concrete, bituminous concrete, asphalt or
gravel. Curb and gutter may not be required along the perimeter of driveways and
parking areas, if a separate alternative storm water and drainage system is provided as
determined at the time of site plan review. Drainage shall be designed so as not to
interfere with pedestrian traffic. (P and EE)
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ATTACHMENT 3
EXHIBIT PHASE I DEVELOPMENT SKETCH
1/24/2017
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