17SN0619
CASE NUMBER: 17SN0619 (AMENDED)
APPLICANT: B.B. Hunt LLC
CHESTERFIELD COUNTY, VIRGINIA
MIDLOTHIAN DISTRICT
ANALYSIS
AND RECOMMENDATION
Board of Supervisors Hearing:
MAY 24, 2017
Board of SupervisorsTime Remaining:
365 DAYS
Applicant Agent:
JAMES W. THEOBALD (804-771-9513)
ApplicantContact:
B.B. HUNT LLC (804-762-4800 Ext. 242)
8.8 Acres 300 Charter Colony Parkway
Planning Department Case Manager:
DREW NOXON (804-796-7122)
REQUEST
(AMENDED) Amendment of Conditional Use Planned Development (Case 15SN0634) to amend
cash proffers and common areas in a Community Business (C-3) District. Specifically, the applicant
proposes to delete Proffered Condition 13 to eliminate cash proffer payments and amend
Proffered Condition 12 to provide additional common area amenities and accelerate the
commencement of the pavilion construction.
Notes: A. Conditions may be imposed or the property owner may proffer conditions.
B. Proffered conditions and exhibits, and existing proffered conditions, Textual Statement and exhibits are
located in Attachments 1 - 10.
SUMMARY
An 80-unit residential townhouse development (Crofton Village) is currently under construction.
The existing zoning was approved with a cash proffer to addres on
schools only (currently $2,000 per unit); equating to a total potential value of $160,000.
The applicant h
on County roads. Because the Board approved the existing zoning without a road cash proffer,
and the Road Cash Proffer Policy explicitly precludes the County from accepting cash proffers for
to delete Proffered Condition 13.
Current zoning conditions include design and architectural standards and provide
for a passive recreation area, with a timing for the construction of a pavilion within
this common area (summarized on page 6). Proffered conditions offer additional design
and architectural standards; provide for additional amenities within the common area;
and accelerate the construction of the pavilion (summarized on page 7). Existing zoning
conditions, and those proffered with this request provide design and architectural
standards that are comparable to the quality found in the surrounding community.
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATIONS
APPROVAL
COMMISSION
AYES: Wallin, Sloan, Freye, Jones and Jackson
PLANNING AND TRANSPORTATION - APPROVAL
The quality design and architecture required by existing zoning conditions
and offered by the applicant in this case provide for a convenient,
attractive and harmonious community compatible with the surrounding
STAFF
area.
Case 15SN0634 was approved without a cash payment for road
improvements and the Road Cash Proffer Policy does not permit
acceptance of cash proffers for other facilities.
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SUMMARY OF IDENTIFIED ISSUES
Department Issue
The Public Facilities Plan suggests a new elementary school facility in the
SCHOOLS vicinity of Otterdale and Old Hundred Roads. Substantial Accord has been
approved for this new location. Land for this facility has not been
acquired.
The Public Facilities Plan suggests the Midlothian Library should be
LIBRARIES expanded/replaced or a new facility shall be constructed in the general
vicinity at or near the current site. Land for expansion or replacement of
this facility has not been acquired.
The Public Facilities Plan identifies the need for one neighborhood
park and four community parks in the general vicinity. Land for these
PARKS AND parks has not been acquired.
RECREATION
While Case 15SN0634 provides for pedestrian connections, the
applicant has not offered to address provision for bikeway facilities as
recommended by the Bikeway and Trails chapter of the
Comprehensive Plan.
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Comprehensive Plan (Midlothian Area Community Plan)
Classification: PLANNED TRANSITION AREA
This area is appropriate for mixed-use development that contributes to an overall transition to
a smaller scale, pedestrian-oriented environment in Midlothian Village. Primary uses will
include office, medium-density housing (7-14 units/acre), personal services and community
facilities.
Surrounding Land Uses and Development
Ivymont Shopping
Midlothian
Center
Turnpike
Shopping
Center
Charter Colony
Parkway
Single-family
Midlothian
uses
Woods
Condominiums Le Gordon
Drive
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PLANNING
Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov
Zoning History
Case Number Request
Rezoning to R-9 and C-3 (total of 764.3 acres), all with Conditional Use Planned
94SN0138
Development to permit use and bulk exceptions.
Approved
The staff report for Case 94SN0138 analyzed the impact of the proposed
(8/24/1994)
13SN0509 Amendment of Conditional Use Planned Development (Case 94SN0138) within
Approved Tract 7 to modify the location and setbacks, and obtain conceptual landscape
(6/26/2013) plan approval on Le Gordon Drive
Amendment of 94SN0138 and 13SN0509 to permit an 80-unit townhouse
development. Proffered Conditions included a cash proffer of $2,000 per unit
15SN0634
allocated to schools (currently $2,000, no escalation to-date). (Proffered
Approved
Condition 13)
(12/16/2015)
The staff report for Case 15SN0634 analyzed the impact of the proposed
de
Proposal
Development of an 80-unit townhouse project has commenced. Current conditions of zoning
include architectural and site design standards. With this amendment, modifications to the
common area requirements (minimum size, amenities and timing) are proposed. Additional
design standards offered as part of this request are outlined herein.
Design Requirements of Case 15SN0634
The following provides an overview of the approved design requirements referenced in attached
case information (Attachments 4-10):
Site layout and architectural renderings similar to Attachments 6 - 10
Architectural treatment to include materials and provisions for porches or covered entries
Sidewalks, pedestrian connection to shopping center, street trees, buffers, post lights in
front yards, landscaping, hardscaped driveways and garage door treatment
Common Areas
Open lawn for passive recreation
o
Covered community gathering space (Pavilion) containing minimum 192 square
o
feet, constructed in conjunction with townhouse row immediately adjacent to
pavilion site, but no later than issuance of the 40 th building permit
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Design
High quality residential development addresses the Comprehensive Plan goals for strong and
sustainable neighborhoods that are visually attractive, well-planned and well-maintained.
Further, the purpose and intent of the zoning ordinance to promote the health, safety,
convenience and general welfare of the public includes the creation of convenient, attractive
and harmonious communities, protection against overcrowding of land, and protection of the
natural environment. As such, developments that promote unique, viable and long lasting
places and enhance the community are encouraged.
The following provides an overview of additional design requirements offered as part of this
request (Attachment 1 Proffered Conditions 1 - 2):
Architecture and Lot Design
Variation of colors
o
Walkways paved with brushed concrete
o
Foundation plantings along entire fronts of buildings and portion of sides facing
o
streets
o
and side elevations
Screening of HVAC units and generators
o
Fireplace treatment
o
Common Area
Increase size of pavilion to a minimum of 256 square feet (Exhibit A)
o
Provision of 2 picnic tables, 2 benches in common area
o
Decorative concrete patio of 125 square feet adjacent to the pavilion with 4
o
Adirondack-style chairs
Expedite pavilion construction to begin prior to issuance of eighth townhouse
o
certificate of occupancy (Note: To date, seven (7) townhouse building permits
have been issued in the development)
As suggested by the Comprehensive Plan goals and zoning ordinance, the proffered conditions
of this current request along with existing zoning conditions include design and architectural
elements comparable in quality to the surrounding community.
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COUNTY TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
An existing condition of zoning limits development to a maximum density of 80 multifamily
dwelling units (Proffered Condition 2 of Case 15SN0634). Based on trip generation rates for
apartment dwelling units and the maximum of 80 units, development could generate
approximately 532 average daily trips. Traffic generated by development of the property would
be distributed to Charter Colony Parkway and Le Gordon Drive.
Charter Colony Parkway is a major arterial with a recommended right of way width of 90 feet,
Thoroughfare Plan. Charter Colony Parkway is a two-lane road
with adequate lane and shoulder widths. In 2015, the traffic count on Charter Colony Parkway
south of Midlothian Turnpike was 6,940 vehicles per da
Le Gordon Drive is a collector road with a recommended right of way width of 60 feet, as
Thoroughfare Plan. Le Gordon Drive is a two-lane road. In 2015, the
traffic count on Le Gordon Drive south of Midlothian Turnpike was 5,300 vehicles per day (Level
Section 19.1-231 of the County Code outlines the general requirements to meet the needs of
the traffic generated by a proposed development, including acceptable levels of service. This
proposed residential development would contribute to an identifiable need for transportation
improvements.
The property is located within Traffic Shed 3, which encompasses the area of the County south
of Midlothian Turnpike, north of the Powhite Parkway, west of Courthouse Road, and east of
Otterdale Road. Some of the roads in this traffic shed or which serve this traffic shed are
substandard, with little or no shoulders, fixed objects (trees) adjacent to the edge of the
pavement, and poor vertical and horizontal alignments. The traffic volume generated from this
proposed residential development will contribute to an identifiable need for transportation
facility improvements to these roads in excess of existing transportation facility capacity. Roads
in this shed or which serve this shed need to be improved or widened to address safety and
accommodate increased traffic, including the increased traffic from the proposed development.
The applicant has not submitted any proffered conditions to address the deve
on roads.
Transportation staff has calculated the average impact of a single-family dwelling unit on the
transportation network to be $12,652; however, the Board of Supervisors has adopted a policy
establishing that it would accept a maximum cash proffer of $9,400 per dwelling unit as
addressing the traffic impacts of residential development, with all of the funds to be dedicated
towards improvements to the road network.
facilities may be funded by cash proffers. Cash proffers will not be accepted to fund other
On December 16, 2015, the Board of Supervisors approved rezoning of the property (Case
15SN0634) and accepted Proffered Condition 13 that requires the applicant to pay $2,000 per
include a cash proffer payment for roads. Because the Board saw fit to approve the case
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without a road cash proffer, and the new policy explicitly precludes the county from accepting
delete Proffered Condition 13.
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Mission
The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the
environment through a comprehensive fire and life safety program that ensures an adequate
and timely response to emergencies.
Response Times
The proposed development is located in the urban response zone for which Fire & EMS has a
goal of responding to at least 90% of the calls for service in under seven (7). Fire and EMS is
currently unable to meet that goal.
Nearby Fire Stations
The Midlothian Fire Station, Company Number 5
The Forest View Volunteer Rescue Squad
Anticipated Fire & EMS Impacts/Needs
Based on an average of 0.175 calls per dwelling, it is estimated that this development will
generate 14 annual calls for Fire/EMS services.
Additional Fire and EMS Comments
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.
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SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
Mission
High performing, high quality public schools contribute to the quality of life and economic
vitality of the County. The comprehensive plan suggests a greater focus should be placed on
linking schools with communities by providing greater access, flexible designs and locations that
better meet the needs of the communities in which they are located.
Capital Improvements
The FY2017 Capital Improvement Plan (CIP) adopted by the Board of Supervisors and approved by
the School Board continues to support the 2013 voter approved school revitalization program that
will replace or renovate ten schools and construct one new elementary school to add capacity in
the Midlothian area of the county. Additionally, while not adding capacity to the division, a new
Manchester Middle School is planned for construction on the existing school site. The ten existing
facilities that are part of the revitalization program are Providence Middle School, Monacan High
School, Manchester Middle School, Beulah Elementary School, Enon Elementary School, Matoaca
Elementary School, Harrowgate Elementary School, Reams Elementary School, Crestwood
Elementary School, and Ettrick Elementary School. The project at Providence Middle School is
currently in construction, and the project at Monacan High School is complete. Additional
information on the CIP can be found in the financial section of the CCPS Adopted Budget for
FY2017.
Anticipated School Impacts
Enrollment
Anticipated Schools Percent of
Functional Number of Current
Student Yield by Currently Total
Capacity Trailers Enrollment
School Type Serving Area Functional
Capacity
Elementary 15 Watkins 940 3 1071 114
Middle 7 Midlothian 1503 3 1245 83
High 10 Midlothian 1597 0 1499 94
Total \[1\] 32
Note:
\[1\] Based upon average number of students per townhouse dwelling unit countywide at 0.41 students per
unit
Public Facilities Plan
The Public Facilities Plan recommends a new elementary school be located in the vicinity of Old
Hundred and Otterdale Roads, north of Genito Road and south of Midlothian Turnpike. In
October 2016 the Board of Supervisors approved Case 17PD0105 for substantial accord to
permit an elementary school located at 1501 Old Hundred Road. The school division is now in
negotiations for acquisition of this property. Post 2020, the Plan also recommends a new
middle school in the vicinity of Hull Street and Otterdale Roads and a new high school in the
vicinity of Genito and Otterdale Roads northwest of Swift Creek Reservoir, however at this time
a budget has not been developed for the acquisition of land or construction of these school
facilities as recommended in the Plan.
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Additional Schools Comments
After review of this request, based on current total school system capacity and student enrollment
projections, it is anticipated that the proposed rezoning case will have an impact on school
capacities division-wide.
LIBRARIES
Staff Contact: Jennifer Stevens (804-751-4998) stevensj@chesterfield.gov
Mission
resource for information and materials, and now serves as a community gathering place for
educational, cultural and informational services; community support during emergencies;
economic development; and revitalization activities.
Public Facilities Plan
The Public Facilities Plan suggests the Midlothian Library should be expanded/replaced or a
new facility shall be constructed in the general vicinity at or near the current site. Land for
expansion or replacement of this facility has not been acquired.
Nearby Libraries
Midlothian Library
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.
Public Facilities Plan
The Public Facilities Plan identifies the need for one neighborhood park of 10 acres associated
with a new Elementary School and four community parks, of 90 acres each, consisting of
approximately 370 acres in total, all in Midlothian and nearest this location. Land for these parks
has not been acquired.
The Bikeways and Trails Chapter of the Comprehensive Plan recommends provision of
pedestrian/bicycle facilities along Le Gordon Drive and Charter Colony Parkway and a connection
between the two roadways. Case 15SN0634 requires pedestrian facilities along Le Gordon Drive,
Charter Colony Parkway and a connection between, but not bicycle facilities. The applicant has
not offered to address the impacts on bicycle facilities.
Nearby Parks Facilities
Watkins Annex Park
Midlothian Middle Athletic Complex
Midlothian Mines Park
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VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
The request will have no impact upon these facilities
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CASE HISTORY
Applicant Submittals
10/31/2016 Application submitted
Proffered conditions submitted
Planning Commission
1/17/17 Citizen Comments:
No citizens spoke to this request.
Recommendation - APPROVAL
Motion: Freye Second: Jones
AYES: Sloan, Jackson, Freye, Jones and Wallin
Board of Supervisors
2/22/17 ACTION , 2017
3/15/17 ACTION , 2017
The Board of Supervisors on Wednesday, May 24, 2017, beginning at 6:00 p.m., will consider
this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
Proffered Conditions 1 and 2
consideration of this request. Planning staff is in support of these proffered conditions.
CASE NO. 17SNO619
PROFFERED CONDITIONS
The property owner 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 itself
and its successors or assigns, proffer that the property under consideration (t
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 owner and applicant. In the
event this request is denied or approved with conditions not agreed to by the owner and
applicant, the proffers shall immediately be null and void and of no further force or effect.
The Applicant hereby amends Case 15SN0634 to delete proffered Condition 13 Cash Proffers.
Proffered Condition 12 of Case 15SN0634 is hereby amended and restated as follows:
1. Common Areas.
a. An open lawn passive recreation area shall be provided as shown as Common
Area on Exhibit A attached to Case 15SN0634.
b. A covered community gathering space such as a pavilion, gazebo, or similar
i. The Pavilion shall be a minimum of 256 square feet in size and the design
of the Pavilion shall be compatible with the architecture of the
community. Two (2) six foot (
Common Area. The connection between the sidewalk and the west side
side of the Pavilion shall have a patio, a minimum of 125 square feet in
area, as generally shown on Exhibit A prepared by West View Companies,
The patio material shall
be aggregate concrete, stamped concrete or another decorative concrete
surface. Four (4) Adirondack style chairs will be provided on the patio.
ii. The exact location of the Pavilion shall be determined at the time of
preliminary subdivision plat approval and shall be provided in the
Common Area.
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iii. The Pavilion shall be under construction prior to the issuance of the
th
eighth (8) townhome certificate of occupancy.
New Proffered Condition 2 is hereby provided:
2. Additional Quality Features.
a. Color Variety in a Building. The initial primary hardiplank color used on each
townhome unit within a building shall not repeat the same color used on
another townhome in the same building. The resulting color palette for the
init
are replaced with new primary colors so as to provide a variety of building color
palettes along the public streetscape within each view shed, except as otherwise
agreed to by the Planning Director at the time of construction plan review for a
building so long as the appearance of color variation is still achieved. The view
sheds are shown on Exhibit B. Notwithstanding the foregoing, the building
identified by unit numbers 32-38 on Exhibit B may repeat colors in accordance
with the previously approved construction plans.
b.Walkways. Walkway material shall be untinted brushed concrete.
c.Sod and Irrigation: Sod and irrigation are required for front, side, and rear yards
on all lots, except where such yards have been improved with hardscape,
planting beds or other portions of the yard where grass is not grown.
d.Foundation Plantings. Foundation planting beds are required along the entire
front façade of townhomes, excluding decks, porches, architectural features and
garages, and shall contain a minimum of fifty (50) percent evergreen material
and have one shrub per three linear feet of foundation planting bed. The
plantings shall be spaced such that they do not block the view of the foundation
material in Proffer 2.f. in its entirety. The front corners of buildings shall be
visually softened with a vertical accent shrub, and foundation beds shall turn and
e. Foundation Materials. There shall be a minimum vertical height of eighteen (18)
inches of brick, stone or stone veneer above grade utilized on slab-on-grade
foundations on all front and side elevations to present the appearance of a crawl
space.
f.HVAC Screening. HVAC units and generators installed on the ground shall be
screened with evergreen landscaping installed at the height of the unit. If a deck
is installed at the second level on rear garage units, then any HVAC units and
generators also installed at the second floor level on rear garage units shall be
enclosed within the deck and any required screening shall be accomplished by
the deck railings.
g.Direct Vent Fireplaces. All fireplaces will be direct vent. All direct vent fireplaces
shall be block with brick veneer. Cantilevered direct vents are not permitted on
the front and side elevations of the home, but are permitted on the rear
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elevation except on corner lots. If a chimney is provided, Cantilevered chimneys
are not permitted on the front or side elevations of the home, but are permitted
on the rear elevation.
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ATTACHMENT 2
EXHIBIT A, PAVILION PLAN
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ATTACHMENT 3
EXHIBIT B, BUILDING VIEW SHEDS
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ATTACHMENT 4
APPROVED PROFFERED CONDITIONS (15SN0634)
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ATTACHMENT 5
APPROVED TEXTUAL STATEMENT (15SN0634)
May 11, 2015
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 Proffered Condition 4 of
Case 13SN0509.
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 there shall be no
minimum acreage requirement for such uses and density shall not exceed fourteen
(14) units per acre.
4. Residential Townhouse uses shall conform to the regulations set forth in the
Residential Townhouse (R-TH) district except as set forth in below and as specified in
the Proffered Conditions.
Density. There shall be no minimum acreage requirement and density shall
A.
not exceed fourteen (14) units per acre.
Lot Area & Width. Each lot shall have an area not less than 1,520 square
B.
feet and a lot width of not less than 19 feet; except that end lots shall have
a minimum area of 2,320 square feet and lot width of not less than 29 feet.
Setbacks from Special Access Road. The minimum building setback from
C.
the East-West Special Access Road shall be ten (10) feet.
Side Yard. The side yard setback for all end lots shall be ten (10) feet.
D.
Corner Side Yard. The corner side yard shall be twenty (20) feet.
E.
Rear yard. The rear yard shall be twenty (20) feet.
F.
Driveways and Parking Areas. All public roads shall have concrete curb
G.
and gutter. Alleys and driveways shall not be required to have concrete
curb and gutter.
Group or Row Design. There shall be no required variation in the front
H.
yard setbacks for the townhouse units.
Common Area. No active recreational facilities or areas shall be required;
I.
however, passive recreation is provided as set forth in Proffered Condition
12.
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Street Trees. Street tree installation shall be provided as set forth in
J.
Proffered Condition 10.
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.
7.The development of the townhouses shall conform to the Zoning Ordinance except
as follows:
A.The buffer along Charter Colony Parkway may be reduced to thirty (30) feet
where necessary to accommodate existing easements, utilities running
generally parallel to the buffer, fencing, and signage (including a decorative
wall).
B.If side entry townhouses are provided, uncovered stairs, terraces, landings,
porches, or enclosed entrances may project into the side yard or the corner
side yard up to eight (8) feet.
C.Bay windows and eves may project into any yard setback up to three and a
half feet (3.5) feet.
D.Covered porches enclosed on three sides may project into a front yard
setback up to four (4) feet.
E.The maximum height of all buildings shall be four (4) stories or forty-five
(45) feet, whichever is less.
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ATTACHMENT 6
EXHIBIT A, CONCEPTUAL LAYOUT APPROVED UNDER 15SN0634
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ATTACHMENT 7
EXHIBIT B, CONCEPTUAL ELEVATIONS APPROVED UNDER 15SN0634
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ATTACHMENT 8
EXHIBIT C, CONCEPTUAL ELEVATIONS APPROVED UNDER 15SN0634
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ATTACHMENT 9
EXHIBIT D, CONCEPTUAL ELEVATIONS APPROVED UNDER 15SN0634
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ATTACHMENT 10
EXHIBIT E, CONCEPTUAL ELEVATIONS APPROVED UNDER 15SN0634
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