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04SN0227-Oct27.pdfj,&.le ~ c ~nn4 CPC T.:,l.. "~tl ~4 fa'DO October 27, 2004 BS STAFF'S REQUEST ANALYSIS RECOMIVIENDATION. 04SN0227 Gelletly'& Assoc, Dale Magisterial District. Gates Elementary School, Salem Middle School and Bird High Attendance Zones North line of Courthouse'Road REQUEST: Rezoning from Agricultural (A), Residential Townhouse~ (R'TH) and Light. Industrial (I-1) to Residential Townhouse (R:TH) with Conditional Use Planned Development to permit, exceptions to Ordinance requirements. PROPOSED LAND USE: A residential development with various housing types and at a.density of up to.2;9 dWelling units per acre is planned.. In addition, commemial'uses.are proposed for a portion of the property. (NOTE: THE 'APPLICANT HAS REQUESTED DEFERRAL-TO THE BOARD'S DECEMBER 15, 2004, MEETING.) PLANNING. COMMISSION RECOMMENq)ATION REcoMMEND DENIAL. AYES: MESSRS. GECKER, BASS AND GULLEY NAYS: MESSRS. LITTON AND WILSON. Prodding a FIRST CHOICE C0mmutlity Through Excellence in Public Service STAFF RECOMMENDATION Recommend denial for the following reason: The proposed zoning and' land uses do not conform tothe Central- Area 'Plan;: Wh,~h suggests the property, is appropriate for light industrial use. One (1)of thegoals-of'&e Plan is to accommodate. expanded .industrial deVelopment in Area; The Plan recognizes the importance of the Airport-to .the County's ;eConomic vitality and seeks to protect it-from land uses that would-.be in confh'ct.with' activities inherent to the Airport's operations..The Plan further suggests that' °pp°rtunity exist expand the industrial base of the County with.: light-indusffial-develOpmem :in._the vicinity, of.the Airport; and that Airport operafious'a~d PropoSed industriai areas shoed be protected from residential land Use encroachment. (NOTE: CONDITIONS MAY BE nV POS .D OR THE. PROPERTY OWNER PROFFER CONDITIONS. THE CONDITIONS NOTED WITH_:'.'STAFF/CPC"-WE~ Aq~RI~ED UPON BY BOTH STAFF AND THE COMMISSION:' CONDITIONS ~WITH ONLY"' A STAFF" ARE RECOMMF. NDED SOLELY BY sTAFF. COND}TIONs' ~.oNLy~A '.'CPC" ARE ADDITIONAL CONDITIONS RECOMlVIENDED BY THE'.PLANNIN!3 COMMISSION.) "' ... PROFFERED CONDITIONS 1. Master Plan. The Textual.Statement dated February '16, 2004 and. revised June 29, 2004.shall be considered theMaSter Plan. (P) 2. Zoning Plan. Tracts shall be located as generally,depicted 'on the Zoning' Plaii~ dated JanUary 12, 2004, and Iast revised onMay 10,2604, prepareabYBal eranci Associates, Inc. The Shape and size of TraCts.may: be.m0dified:Pr°vided the.tra ts.,: generally maintain their relationship with each oitier and-any,.~djacent prOPertiesi A plan for any such Tract adjustment ~shall '.be sUbmitted m-the-.Plannifig .... Department fOr review and approval.-: Such plan shall be subject.to appeal.in accordance .with prOvisions of the Zorfing Ordinance:for Site Plan:.'.and/Or Subdivision Tentat}Ve aPpeals. (P) 3. ~The' public water and wastewater systems shall be used..(U) . 4. The applicant,-subdivider, or assignee(s) shall Paythe'following foreach dWell~g unit outside of Tract C3 and for each dWe!lingunit in eXCess:of40dwe!ling units within Tract C3, .for infrastructure improvements Within the.: service:'district for the property, to the County of Chesterfield prior to the!iSsUance :of bUilding permit: :i: A. $8,661~00 per dwellingunit~ if paid pri°rmjUiy 1, 2004. At the time of. payment, the $8,661.00 Will be allocated.pro-rata among the facility cOStS as follows': $259~00 for parks and recreation,.'$324.00 for library faciliti~s, 04SN0227-OCT27-BOS. $3,547.00 for'rOads; $4,185.00 for Schools, and $346,00 for fire stations; or Be $4,476.00 per age restricted dwelling unit, if paid prior to July 1, 2004.' .At the time' of payment, the $4,476.00'will be allocated pro-rata among .the facility costs as follows: $259.00 for parks and recreation, $324.00 fOr library facilities, $3,547.00 for roads, and $346:00 for fire stations; or The amount .approved by the Board of Supervisors not to exceed $8,661.00 per'dwelling trait (or $4,476.00 for age restricted dwelling unit),' pro-rated as set forth above and adjusted upward by any increase in :the Marshall and Svdft building coSt index between July 1, 2003, and JUlY 1 of the fiscal year in which the payment is made. if paid after.June 30, 2004. Do In the event the cash payment is not Used for which proffered within .15 years of receipt, the Cash shall be returned-in full to the payor. E. Should any impact fees be imposed by Chesterfield County at any time during the life ofthe development that are' applicable tothe property, the amount paid in cash proffers shallbe in lieu of or credited toward, but not be in addition to, any impact.fees, in a manner determined by the County. ' (B and M) 5. Except for timbering apprOved bY the Virginia State Department of Forestry fOr the purpose of removing dead or diseased trees, there shall be no timbering On the Property until a land disturbance permit :has been obtained, frOm the Environmental Engineering:' Department and-the apProved devices iustalled~ '(EE) 6. Storm runoff shall be detained on site'or improvementS-made to existing culverts under Courthouse ROad to meet current VDOT-criteria for secondary roads ora combination of the two measures. (EE) 7." Direct access frOm the Property to Courthouse 'Road shall be limited to four (4) public roads. The exa~t 'location of these accesses shall be aPProved by the Transportation Department.. (T) 8.- '. Any'access road that passes through Tract B2 to Tract D shall be a non-lot .frontage road from CourthOuse .Road through Tract B2. (P) 9', Noise Setback. In Tract D; setbacks from Route 288 shall, be in accordance with setbacks as required by the Subdivision Ordinance (Section 17-70 (d)). (T) 10. Dedication. Forty-five (45) feet of right-of-way on the north side of COurthouse Road, measured from the centerline of that part'of Courthouse Road immediately adjacent to the property, shall be' dedicated, free and unrestricted, to and for the benefit of Chesterfield CoUnty. Prior to any .site plan or tentative subdivisiOn 3 04SN0227-OCT27-BOS 11. 12. 13. 14. sixty (60) days from a written.request by the county, whichever ocCurs firSt:~(T) ~'i... To provide an adequate roadway system at the time'of complete devei°Pment~, the oWner/developer shall be,responsible for the.following: - i ' 'ii: .- approval, whichever occurs first, a phasing plan for this' right-of-way dedicatiOn shall be submitted to'and approved-by the TranSportation 'Department.-This rig!it, of-way shall b~ dedicated in accordance with.the approved phasing Plan'Or wa~ a. Construction of additional pavemem' along COurth°usei.Road at.'each approved access.to provide left and right turn lanes,' if war~anted, based,0n Transportation Department standards; - . -. b. Relocation of the ditch along the north side of Courth°useR0ad to.provide: an eight. (8)foot.win'de unpaved shoulder,-with: any mOdifiCations, apPrOV~ by the Tmportafion Department; for the' entire .prOperty frOntage; c. DedicatiOn to Chesterfield County, if tee and Uarestricted,'-~anY.~additio~,~:~ i'--' ' fight-of-Way .(or easements) "required for.)':the.:~ imprOvements, i~en '~d'..- .above. In.theeVentthe deVelOper is unable-tO-acquite any/!~off-site':?::ri~.~: -. of-way that is necessary for anY imProVement, deScribedi'in · C°ndition 11% ~the deVeloper .may r~.qUest, inl writing,~that the-Co~¢, '.i'- acquire such 'fight-Of-Way as'a pUbli~i road impr°v~ment."-:Ail .c°'§t~ '.' associated with the:acquiSition of.the fight-Of-waY shallbe bOrne by the '-- develOPer... In.theeVen~ theCotmtY ch°oSes~ n0t t~'assiSt.th6 devel° ;er? -". acqms~tion of the. off, site- nght-of'way,.~.the developer shall be .relieved . . of the obligation, m:_ acqmre the off-site.:nght, of, way and . shall provide · the road impr°vements within available.right,of-waylas determinedb3~.the '!- :-- Transportation Department; (T) · ...' Prior to any constmcfion..plan approval~. a' Phasing.Plan for ithe' required road: improvements, as identified in'Proffered Condition. 11, shall, be Submitted't° ~d ' approved by the'Transportation Department. (T) · In Tracts C1, C2, C3 and:D, all roads that accommodate general :traffic cirCulati6n ' through the develOpment (the :"Roads"), determined :.by -the_ Transportatibn ' Department, shall be designed:and constructed to,-VDOT standards and taken the. State System~ Setbacks.from the Public Roads shallbeas identified for:Speeial access streets pursuant :to: Section.' I9,505.Co) of the. Zoning _Ordinance, ~s Condition may 'be modified 'by the TranSportation Depar~ent if it.. is 'det~rmified that. a section of the' RoadS. cann0t be designated-for:State acceptance. '.For :'any · section of the Roads that have been approved not:to be apart of~e stat© sYSte~} ~'.' a plan that insures, the Continual m~intenance:of.the private .streets sl;all';!be submitted to, and approved by, the'Transportation-Department2 (T): "' Sidewalks shall be provided along eaCh.side of the interior roads.and c°mmon driveways to include entrance roads from public :roads into the development; 4 04SN0227-OCT27_BOs treatment and location of these sidewalks shall be approved by' the' Planning Department at the time of site plan and/or.tentative subdivision.review. (P) 15. Street trees in accordance with the requirements of the Zouing Ordinance shall be ' installed alOng each 'side of the interior roads and common driveways to inclUde' entrance roads from public roads' into the developmem. If existing trees are maintained, they may be counted toWard this requirement. (P) 16. A twenty (20) foot tree preserVation strip shall be maintained .along the prope~ line adjacent to GPIN's 763-669-5093, 6591, 8288, and 9783 and 764-699-2363, 3451, 4340, and 5429. Utility easements shall be permitted to cross this strip ina perpendicular fashion. Except for removal "of. dead or diseased trees or :~to accommodate the utilities described herein, trees that.are six (6) inches in caliper or greater shall be retained within this.tree preservation strip. (P) Landscaping shall be provided around the foundation of all buildings, between. buildings and driveways, within medians, and within common areas not occupied by recreational facilities or other structures. Landseapingshall comply-with.the requirements of the Zoning Ordinance SectiOns 19,516 through 19-518(f).- Landscaping shall be designed to: minimize the predominance of building mass and paved areas; define private spaces; and enhance the residential character of the development. The planning Department, at the time of site plan or tentative subdivision review, shall approve the landscaping plan with respect to the exact numbers~ spacing, arrangement and'species of plantings. (P) 18, '" Light poles shall have a maximum height oftwenty five (25) feet. (P) 19. Restriction on Children's Play Facilities: The common area recreational amenities shall not include Playground equipment, play fields or~ other facilities primarily associated with children's play. Adult facilities including, but not limited ~to, Putting.greens~ 'shufflebOard, picniC'and· barbecue :areas and gardens shall !be: ' permitted. (P). 20. -. The applicant, Subdivider, or assignee shall provide a minimum 30,foOt. wide public access 'easement throughthe 'development,' and within this :eaSement install a soft-surface multi,purpose trail. The exact design and location of this easement and trail shall be approved by'the Department of Parks and Recreation at the time of'site and/or tentatiVe' subdivision plan review for the' sections and/or Tracts under review. Each Subsection of the easement shall be. recorded prior to' recordation of any lots or site plan approval for that section and/or Tract and the trail installed prior to any occupancy within-the same section and/or.Tract. In anY event, all applicants, subdividers, .or assignees shall record their subsection of the. easement no later than two years after the 'first subsection is recorded. The homeowners association shall provide maintenance of the. trail. In addition,~ the applicant, subdivider, or assignee shall grant to the Department of Parks' and Recreation the right, but. not obligation, within the easement to provide 5 04SN0227-OCT27-BOS 21. 22. 23. 24. 25. 26. 27. 28. maintenance operations, planting of supplemental .landscaping, installation of'park signs, and other incidental facilities to meet trail standards. (P&R) . The cell tower located on-site shall remain and be required't°. adhere to: 'the Conditions set forth in the-Conditional Use planned Development' eaSe- number 99SN0203. (P) ' . All private driveways shall:be.hardseaped. -Theexaet treatment shall be approved by the Planning Department at the time of site plan and/Or tentative Sub~visi~n rewew. (P) Single family dwelling units shall have a. minimum groSs floor-iarea of-1.;200 square feet. (P) - ' Multi family dwelling unitsshall be limited to twO to.foUrattaehedunitsand sh~ not'exceed a height of two stories. (P) ' All exposed portions off°undations and expOsed piers suppOrting from porches 6f each dwelling unit. shall be faced with brick, '-stOne veneer, stucco or exterior insulation and finishing systems (EIFS) materials. (P). - ~' :~ ' -~ · Visual impacts of garage-doors facing the street-shall be minimized through the use of architectural, fenestration and/or orientati°n. :The exact treatmem..sl~ill be. approved by the Planning Department. A. conceptual plan-shall be submitted ' at . time of tentative and/orsite plan review. A detailed:plan shall' besubmitted approved by the Planning Department priOr to.the release ofeach building.permit~- Building Materials. 'Dwelling units shall be ConstrUcted with_materials .brick or stone veneer;: composition, hardiplank,-or .vinyl'siding; :and' 20,Ye~'. asphalt shingles., The Planning Department. may:.i-~PProve the.Use 0f:Other buii~g materials of equal or betterquality~ (P) ' . ' .... ." Focal Point. A minimum .ofl.50. acres of open space/recreatiOn area shall-be provided as a focal point ~near.the entrance to ~'ract ¢1, and. shall:- incorporate irltO the-space a clubhouse/community bullding:'that-'shall serve the. entire development. ^ minimum-of 0.20 acres shan. be:Pro~ided as'a focal point atthe shared entrance to Tract C2/C3 and a'minimum o~'0,50 acres sha~lbe providea,as a focal point at the Double Creek Court entrance to Tract B 1..part of'the area shall be "hardscaped" and have benches andOther'ameuitieS that accommodate and facilitate gatheringS.A portion of the foealpointmay include.areas devoted;to water facilities. The focal-pOint shall be 'develOpedeoncurrent with:the Tract)in which the area is located 'and furthermore the Clubhouse .'facility-shall be constructed prior to the release of building permits for-more than 'one hundred 'fifty (150) dwelling units. The exact design and' location shall be approVed .by the 04SN0227;OCT27-B©S Planning Department at the time of site plan and/or tentative subdivision revieTM. (p) 29. Age restriction: Except as otherwise prohibited by the Virginia Fair Homing Law, the Federal Housing Law, and such .other applicable federal, state, or local legal requirements,'multi family dwelling units shall be restricted to "honsing for older persons" as defmedin the Virginia Fair HOusing Law and shall have no persons under 19 years of age dOmiciled therein ("Age'Restricted Dwelling Units"). (P) Virginia Condominium 'Act: All multi family dwelling units on .the Property shall be condominiums as defined and regulated-by the' Virginia COndominium Act; and all common areas and improvements therein shall be maintained by a condominium association. (P) 31. The overall maximum density shall be 2~9 units to the acre. (P) 32. Restrictive Covenants. The' folloWing. provisions shall be contained in restrictive covenants which shall be recorded. Further, the .fOlloWing provisions in the restrictive covenants shall .not be modified or amended, for a period of at least twenty (20) years' folloWing .recordation: a. No unit shall be'used' except for 'residential purposes. No noxious or offensive activity :shall be carded On upon bY any resident, nor shall anything be done thereon which may be, or become, an annoyance or nuisance to the 'neighborhood. c. - No structure of a temporary character, trailer; tent, shack, garage, or other outbuilding shall be used at any time as a residence either temporarily or permanently, and to this end, any building to be constructed in this ~ development Shall. be completed Within one year from the issue date' of iff s building permit. · . ~ d. No sign of.any kind shall be disPlayed to the public view on any Yard except, one professional sign ofnot more than. three square feet and one sign of not more. than five square feet. advertising the property for sale, and one sign of not more than five sqUare feet. by a builder to advertise the property during the constmctionand sales period. ' 30. eo No animals, liveStOCk, or'pOultry of any kind shall be raised, 'bred, or kept on any lot except that dogs,, cats, or other household pets may be kept therein if they are not kept, bred, or maintained for any commercial purposes. No part of this development shall be Used or maintained as a dumping ground for rubbish, trash, garbage, or other waste, lqo rubbish, trash, garbage, and other Waste shall be .kept. by any unit 'except in sanitary 7 04SN0227-OCT27-BOS containers, and all equipment for the storage or diSposal of such material shall be kept in aelean and sanitary condition. No central dumpsterS.shall be provided. · g. Each and every covenant and conditi°n. herein imposed may be enforced by the Undersigned Or by the oWner of any unit by.apPropriate proceedings at law or in equity against any party violating or attempting or'threatening.. to violate the same to prevent or rectify such ¥iolation and to' recover damages therefore. · h. The covenants and cOnditions herein contained shall run with the 1and and shall be binding upon the subsequem.owner or owners of all or.any unit and each and every portion of the 'land shoWn-on the Plat and'all parties' claiming through or under such oWner or ownersi i. All dwelling units shall have washer and dryer hookUps. {P) 33. The restrictive covenants Shall alSo provide that. ' future homeoWners will 'have notice of the location' of the Chesterfield County. Airport and its prOximity to:the property; that an advertising brochure shoWing a vicinity map of'the property-and .' its proximity to the Airport ~shall be given to each prospectiVe purchaser; and. that the vicinity map in the-sales center will identify.the Airport:and.its proXimity;to the property. (P) ~ - ' · The vicinity map on the final .subdivisiOn plats, or final Site plans Shall Show .the proximitY of the subjectlproperty to the Chesterfield County Airport. (P) ' GENERAL INFORMATION - North line of Courthouse Road, east line of Doubleereek Court' and south line of'Route 288. Tax IDs 763-670-8638} 765'668-7392, 766,668-4150; 767-666-7026 and.767-667~ 5055 (Sheets 17 and 25). 34. Location: Existing Zoning: R-TH, A and I-1 Size: 166.4 acres Existing Land Use: Communications tower or vacant 04SN0227-OCT27-BOS . Adiacent Zoning and Land Use: North - C-5 and I-1 with. Conditional Use Planned DevelOpment; Industrial South - R-15, R-7 and A; Single-family residential, public/semi,public (Pocahontas State Park andForest) or vacant East - C-2 with Conditional Use Planned Development and C-5; Office or commercial WeSt - A; Church or vacant UTILITIES Public Water System: There is an existing twelve (12) inch water line along CoUrthouse Road, and a thirty(30) ~ inch water transmission main adjacent to the sOuth side of the Route 288 and Iron Bridge Road interchange. Use of the public water system is intended and has been proffered. (Proffered. Condition'3) ~-.' . : . 'i " Public Wastewater System: There is an existing eight' (8) inch:wasteWater collector line extending along a portion'°f Courthouse 'Road that terminates approXimately 350 feeteast ofthis Site,· adjacent to.the Centre Court development: The abilityto serve 'the property will be limited. There is an eight ~(8) inch wastewater collector 'line .along Virginia.. Pine Court,. within the Airport · Industrial-Park, approximately 950 feet northeast of this site. Access to this line bya graVity line extension will require boring-across the Route 288 'fight Of way. The ability to serve.the upper portion of the request site by a gravity-line eXtension from this locatiOn may-be limited. Available capacity must be determined, but will be limited to what the existing 'eight (8) inch line on.Virginia Pine CoUrt, and:the existing fifteen (15) line on Whitepine Road will accommodate, after alloWing .'-for 'all existing and future development within the Airport Industrial Park.~ Useof the public wastewater system:.is intended and 'has been Proffered. (PrOffered Condition 3) ENVIRONMENTAL Drainage and ErOsion: A small portion of the property drains to ROute 288 and then via manmade. ConveyanCe 'systems to Reedy Creek. The remainder of the property.drains southwest under Courthouse Road in at-least four locations. All four (4) locations 'have experienced flooding in the past. A portion of the proPerty has a high groundwater table:and exhibits signs of large wetland areas.. There are no existing or anticipated onsite drainage :or erosion problems. With development of this prope~y, additional runoff will be generated and the frequency of flooding will increase. The applicant has proffered to retain, water onsite or improve the culverts under Courthouse Road to meet current VDOT criteria for secondary roads or a combination, of the two (2) measures. (Proffered Condition 6) 9 04SN0227-ocr27~BOS The property is heavily wooded and should not be. timbered without first obtaining a.land disturbance permit from' the~ Enviromental Engineering Department. (proffered Condition 5) County Airport: - The subject property is' in anarea susceptible to heavy and continuous aircraft oPerationS due to its proximity to the runway at.the County Airport and. the corresponding airportl traffic pattern. The airpOrt consistently receives, more complaints from citizens residing in close proximity to the airport.' The construction of additional residential, units would~ only compound the situation and threaten the vitality of the County'S investment in the airport.. - . .. PUBLIC FACILITIES The need for fire, school, library, park and transportation:facilities is identified'in the Public Facilities Plan; the Thoroughfare Plan and the Capital ImprOvement Program. This develOpment will have an impact on these facilities. Fire Service: . The Public Facilities Plan indicates that fire and emergency medical .service (EMS). calls are expected to increase forty-four (44) to seventy-eight-(78)i' percem by. 2022..- Six '(6) new fire/rescue stations :are recommended.', for construction by 2022. in the Plan: In addition to the six (6) new stations, the Plan also recommends'the,expansion offive existing stati°ns2 Based on 482 dWelling units;, this reqUest.will generate.appro~at~l~ 169 Calls for fire and emergency medical services each: year. The.apPlicant/has addressed the impact on fire and EMS. (PrOffered. COndition 4) The Airport Fire StatiOn, Company Number 15, currently prOvideS fire: prOtectiOn and" emergency medical service. when the property-is deVeloped, .the number :of hydran~,i qUantity of water needed for fire ProteCtion, and access requirements 'will be'evalUated. during the plans review.process: ' ' ' . ' Schools: ~-' Approximately 214 students will be generated by this development~' This site lies .in,the G~ies Elementary School attendance Zone: ' capacity , 715, enrollment'-.897; Salem:. Middle School zone: capacity;- 995' enrOllment; 1,196; and Bird High Scho~l-z°ne:- capacity- 1~674, enrollment- 1;816. This.request will have an impact On all schools involved. There are currentlY nine-.(9) trailers at Gates Elementary, thirteen (13) at Salem Middle and five (5) at Bird'High:~. The applicant has agreed to participate in the cost of providing for area schoolneeds, (Proffered Condition 4) 10 04SN0227-OCT27-B0S Libraries: Consistent with Board of Supervisors' Policy, the impact .of development on library services is assessed Countywide. Based on projected population growth,-the Public Facilities Plan identifies a need for additional library space throughout the County. - DeVelopment in this area would most' likely impact the Central Library. The applicant has offered measures to assist .in addressing, the impact' of. this development on library facilities. (Proffered Condition 4) Parks and Recreation: The Public Facilities Plan identifies the need.for three (3) new regional parks, seven (7) community parks, twenty-nine (29)neighborhOod parks; and five (5) community.centers by 2020. In addition, the Public Facilities Plan identifies' the need for ten (10) new .Or -. expanded .special purpose parks i'to :provide'Water· access or preserve and interpret unique recreational, cultural or environmental resources,. :The Plan 'als° identifies shortfalls, in. trails and recreational historic siteS2 This. deVelopment will haVe an impact on parks and recreatiOn 'facilities, .The apPlicant has offered measures to assist in addressing.the impact· of this proposed development .on' these parks and Recreation facilities. (Proffered Conditions.4 and 20) TranSportation: . . The property. (166.4 ·acres) is currently.- zoned Agricultural. (50.3. acres), Residential TownhOuse (10.0 acreS)and .Light IndUStrial. (106.1· acres), The-applicant is requesting rezoning tO'Residential Townhouse. with Conditional Use Ptanned Development andhas proffered that development will not e,X,~eed 2:9 ,, .u~_?,s,. per'-acre (Proffered Condition 31): The _apPlicant has-submitteda plan ( Zoning Plan.') that subdivides the' property in(o seven (7) tracts; Tracts A,'B1,-B2, C1; C2, C3, and"D: Tract'A (4.4 acres) will.be.. developed for retail (C-I) USes; "Tracts B1 'and B2, totaling forty-seven (47) acres, will be develOped, for single family use. TraCts C1, C2 and. C3, ConsiSting of.seventy,four. (74) acres, will be developed for townhouse use. Tract D (41 acres) will be developed fOr mulfifamily use, and theapplieant has Proffered to "age.restrict''' those units (Proffered Condition 29). This request will not limit development of the proposed retail ,parcel (Tract' A) to a specific land' use; therefore, it- is difficult to 'antiCipate.traffic. generation. Based on'Shopping center, singlezfamily, townhouse'and senior adult housing.trip rateS,- development could generate approximately 4,990 aVerage daily, trips. These vehicles will.' be initially distributed along CourthoUSe Road, which had a 2004 traffc cOunt of 5,650 vehicles per day. The ThOroughfare Plan. identifies-COurthoUSe Road-as a major arterial:, with a recommended right of way width of ninety. (90) feet;. The applicant.' has proffered- to dedicate forty-five (45) feet of right of way, measured from the centerline of CourthOuse Road, in accordance with that Plan. (proffered Condition 10) - 11 04SN0227-OCT27-BOS Access to major arterials, such as COurthouse ROad, should be controlled. 'The applicant has proffered that direct access from the prOperty to Courthouse Road will be limited to four (4) public roads (Proffered ConditiOn 7). Additional access from the property to Courthouse Road will be provided - via Doublecreek COurt. The proposed retail, parcel (TraCt A)is located in the northeast, comer of the-Courthouse Road/Doubleereek Court interseCtiOn. Because of its proximity to the Courthouse. Road/Doublecreek CoUrt intersection, no access will be permitted from Tract A'to Courthouse Road; and therefore, its access will be limited to Doublecreek Court. ' AS .previously stated, this request will allow, townhouse and multi-family develoPment on Several Tracts. Staff recommends that all of the main streets in 'these types 'of developments be accepted into-the State HighWay System: Having these streets .accepted. into the State Highway System will insure' their, lOng-term, maintenance. The applicant has proffered that in allOf the PrOPosed toWnhouse and multifamily Tracts the streets, which accommodate general traffic circulation, will be. designed and 'constructed.to' 'State (i.e', the Virginia Department of Transportation)standards and,taken 'into. the State System (Proffered Condition 13). The condifionallOWS staff to approve private streets within the townhOuse development; 'fi it is .determined that they cannot be designed, to State standards. If staff-~ approves any private streets, the proffered condition also requires the developer to provide a plan for.their continual maintenance_, The applicant has prepared 'a prelimimry laYout for the project.' The laYout shows:~t public roads can be provided throughout the development. . The Subdivision Ordinance 'requires that subdivision streets must-conform to the Planning Commission Stub Road'Policy, which suggests 'that traffic .volumes on'those Streets Should not exceed an acceptable level of"l,500, vehicles per day..In accordance with the-Stub Road Policy, reSidential.c°llect°r streets may be required through parts 'of the-prope~. Specific recOmmendations regarding the need for theseresidenti~d e~lleetOr streets will be addressed at time' of'tentative subdivision Or site plan review. Route 288 extends along the northern boundary of the property. Traffic noise from Route 288 will impact-this property. The: Subdivision.-OrdinanCe requires a 200 foot setback, exclusive 'of required yards; ~from:the Ronte'288 right of way,-unless a noise study demonstrates that a lesser distance is acceptable.: Natural 'vegetation must-be retained within.the Setback area, Unless:the-Planning CommiSsion approves its removal. This SUbdivision Ordinance requirement would apply to all the proposed residential Tracts, except for Tract D. However, the applicant has proffered that the 200-foot setback will also apply to Tract D. (Proffered COndition9) ~ ~ The-traffic impact of this development must be addressed. The applicant has also. proffered:to: 1) construct additional pavement along Courthouse Road m each approved access to provide left and right'turn lanes, based on Transportation Department standards; and 2) relocate the ditch .to provide an adequate shoulder.-along the.north side of Courthouse Road for the entire property frontage (PrOffered 'COndition 11); Left and right mm lanes are anticipated to be warranted along Courthouse Road at each public road intersection. 12 04SN0227-OCT27-BOS Constructing these turn lanes may require the developer to acquire some "offzsite' right of way. According to Proffered Condition 11, if the developer is unable to acquire off- site right of way for these road improvements, the developer may request the.county to acquire the right of way as a public road improvement.. All Costs aSsOCiated with the. acquisition will be borne by the' developer. If the county, chooses not to assist with'the right of way acquisition; the developer will not be obligated to acquire the ,'off_site~' right of way and will only be obligated to construct road improvements within.available right of way, ~ Most area roads in this part of the. county have little or no .shoUlders with poor vertical and horizontal alignments. The roads need to be improved to address-.safety and accommodate the increase in traffic generated by this development.-CourthoUse Road will be directly impacted by development of this property. SectiOns of. this road .-haVe approximately twenty-one (21) to'twenty-two (22).feet of pavement', with minimal shoulders. Courthouse Road can accommodate (Level of SerVice C) the 'low volUmes traffic it currently carries. As development continues in this part of the county, traffc volumes on area roads will-substantially increase. The aPplicant-has prOffered to contribute cash, in an amount .consistent with the Board of Supervisors' Policy,-tOwards mitigating the traffic impact of this development (Proffered COndition 4). Cash proffers alone will not cover the cost of the improvements needed to accommOdate th~ traffic increases. There are no public road improvements for this area currently included in the Six-Year Improvement Plan; except for a safety improvement project to realign.a.short section of Courthouse Road just' north of the Yatesdale Ddve ~tersection, scheduled for construction in Spring 2006. At time of tentative subdivision review or site plan approval; 'specific recommendations- will be provided regarding access to Courthouse Road and. the proposed internal street network. 13 04SN0227-OCT27-BOS Financial Impact on Capital Facilities: · pER UNIT Potential Number of New Dwelling Units.' ' ' . 442* 1.00 Population Increase .- .1,202.24 " 2.72' Number of New StUdents Elementary' ' '. ' . .106 Middle ' ' 57 46 0. High· ' · ' . - · ·75.14 ' 0,17 TOTAL ' ~ ' ' 'fOr Schools ~ '' ' 2,142,3'74 '4,847 Net Cost ' Net Cost for parks · ' ' ' '"~:,~"~: 693 -.- --,-C'ost'e'h~ Libraries ' Net Cost for Fire Stations - : 177,242 ' ·401 Average Net CoSt for Roads ' :.. -: - '1,8116;178 · --'~ · 4,109 TOTAL NET COST '.i 4;607,850 425' "~ ' · ..' 10, * Based on a proffered maximum density of 2.9 unitS per. acre· (Proffered Condition 31) reduced for. forty (40)units permitted On Tract C3.. Actual:number of units and cOrresponding impact As noted, this ·-proposed development.will ihave an impact.)on capital :'facilities. Staff has calculated the fiscal impact of every new dWelling unit on schools, roadsl parks, libraries and fire stations at $1-0,425 per unit. The applicant has been.adviSed that a maximum proffer of $9,000i per unit. WOuld defray the cost of the,: caPital ' faCilities necessitated by thiSproposed developmem: The applicant haSbeen further, adviSed:that a maximum 'Proffei~'of $4,81.5 per unit' would, defray. the cost of capital' facilities necessitated :bY. development of the age,restricted iportion -of. the proposed deVelopmem, .as it-Will not have .an increased imPact On·sChoOl facilities., consistent with the-BOard of Supervisors!-policy, andprofferS accepted from other.applicants,,.the applicant has' offered cash and imProverhentg ii° assist in idefray~ng'the ~oStl of'tills proP0~ed:.z~ing on such capital facilities (Proffered Condition4). The applicant.has prOffered cash in the mount :of $8,661.00.' Per dwelling unit' for.non'age restricted units anci('$4,476.00 per age-reStricted dwelling units. In addition, the applicant'has .proffered: to construct :a trail throughout the development..(Proffered Condition22) ' Note that circumstances relevant-'to this. case, as presented by the applicant, have been reviewed and it hasbeendetermined that it is appropriate to accept the cash ~)mffer. and trail in this case. ~: 14 04SN0227-OCT27-BOS ECONOMIC DEVELOPMENT - The EconOmic Development Department. does not support 'this request: The. Central Area plan dearly, stresses .the importance of maintaining and protecting existing-'and proposed industrial' areas from conflicting land .uses. Further, the Plan seeks to maintain high qualitY'residential development, together with the provisiOn of high' quality employment Oppommifiesi The needis to preserve established residential areas, while accommodating the area's strong potential'for economic deVelopment. . The Economic Growth and Business .Development Recommendations section .of the 'Plan identifies this area as an important-asset and long'term critical' component to balance and support the growth'of the County. ' LAND USE Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the prOperty, iS appropriate for light industrial USe.. The intent of the Plan'iS:to locate: residential uses as far away from the operational', area of' the' airport, as possible and to 'haVe the.,more compatible light industrial-uses closer to.the airport. . Area Development Trends: - Area properties to the south andwest are zoned Agricultural (A)and Residential(R'7 and R-15) and are occUpied by' single family:residential dwellings, Pocahontas'State Park'and Forestor are currently vacant. Properties to the north, southeast ' and east are Zoned:and developed for office, commereial.'and indUStrial USES:.. The Planantieipates!ight ind~al · uses along the Courthouse Road COrridor; betWeen COUrthouse ROad.:andlRoute. 288 and:. further residential developmemTM the southeast, sOuth of CoUrth°use Road:'.' ': "~':" -. Zoning History: · . .. On September 23, 1981, the Board of Supervisors, upOna favorable recommendation froTM the Planning Commission; approved a reZOningland'C°nditional USe" piann~d Development on property, which included a portion 'of the 'subject-property: '(Case- 81S073). .. On August 24, 1983, the' Board of Supervisors; upon a favorable recommendation-from- the Planning Commission, approved an amendment.to Case 81 S073 relative to minimum "' size for townhouse units and to-architectural style.on a_portion'of the request prOPerty. (caSe.83S029) On.April 28, 1999, the Board of SUPervisors, upon a faVOrable recommendation from the' Planning Commission, approved a Conditional Use Planned DevelOpment on a'portion.Of ' the sUbject property to allow-' communications tower use .(Case.~ 99SN0203). 15 04SN0227-OCT27-BOS SUbsequently, that communications tower was erected. Through this application, the applicant has indicated the communicatiOns'tower is to remain and continUe to be subject to the conditions of approval of Case 99SN0203. (Proffered Condition 21) Development Standards: The applicant has submitted a Textual Statement with this application, which is to'be considered the Master Plan (PrOffered Condition 1). The Textual Statement identifies use- limitations for each tract as identified on the Zoning Plan as 'well as. any Ordinance exceptions being requested. A ZOning Plan has been submitted, which diVides th~' property up into seven (7) Tract; Tracts A; B1, B2', Cl', C2, C3 and D (Proffered, Condition.2). The Zoning Plan identifies the general, relationship of the Tracts to each· other: . .. · · Commercial: . are not permitted. (TextUal-statement, Item !) Tract A is to be developed for cOmmercial uses and .is' to comply with the .requirements 'of commercial development in the. Convenience Business (C-l) DistriCt. This woUld limit commercial development to no more than 5,000 gross_ square feet per ·acre with' individual buildings not to eXceed ·8,000 gross s~Uare ' ' feet.~ Uses are limited to thOSe allOwed in the C-1 DiStrict,.except massage" clini6'S While Tract A WoUld not be Subject to Emerging Growth District Area .standards, should this request be approved, a condition should be imposed'which woUld require adherence to-these standards.- The LZoning Ordinance specifieaiBr- addresses access, landscaping, Setbacks~ screening of oUtside storage for properties in- this District. The Purpose of the- Emerging Growth District Standards 'is to Promote· high. quality, well-designed Residential: ~-- Tracts B1 andB2 are tobe developed for.single family residential uses. Exceptas n°ted in the TeXtuatStatement (Item·II), Tracts BI and B2 aret° ·C°mply wi~ tlie requirements 'of residential development ~in'the 'Residential (R-I~) District,'~ Specifically, in the Textual Statement the.applicant is requesting exceptions to minimum lot size and width requirements as well as setback requirements'. Tracts C1, C2 and C3 are to. be developed for residential townhouse uses. Except · as noted in the Textual Statement (Item III), these tracts are to comPly with ~e.~ requirements of residential develOpment-in the Residential TownhOnse (R'~ District. Specifically,..in the'Textual Statement the applicant is reqUes!ing -. exceptions to lot width requirements and the requirement to provide recreatiOnal areas. 16 04SN0227-OCT27-BOS Tract D is to be developed for multifamily residential uses. Except as noted in the. Textual Statement (Item 'IV), this tract is to comply x~h'th' the.~requirements-6f. residential development in the Multifamily..Residential '(R, MF)i'Di~et: .Specifically, in the Textual Statement the applicant is requesting:'exceptions.tO setbacks, provision of curb and gutter aroUnd parking areas and driVeways,. pavement width'of roads and the requirement to ProVide. recreationallareas2~. I -addition, the applicant has agreed that the multifamily unitS within.Tract Dshall. be condominiums. (Proffered Condition 30) . '.' ' : "~ " The 'applicant has agreed that all private driveways will be'hardscaped asWell as"i to a minimum house size for single' family dwellings (ProfferedConditious 22 arid' 23). In addition, within.the multifamily development, the applicant has offered:a cap on the number of units~which may beattached'.and to a maximum :height-. of: two (2) stories. (Proffered. Condition 24) ~ ' : '...-" Architectural Treatment: ~. The applicant has proffered that dwelling units will. be constructed of Certain materials (proffered.Condition 27). Proffered Condition 27 also: suggests the planning.'Departmeht may approve other materials of equal or better quality. This is not a pr°ff~r'-that typically accepted in similar past cases, as it is difficult._tol enforce When making~a determination as to what:is equal °r better when it cOmes to. quality: :i:If itis 'the decision:: to approve this request, staff'woUld'recommend the Proffered accepted. . The applicant has also agreed to certain architectural materials for the eXp°sed POrtiOn ..' !.. of foUndations and exposed piers. (proffered Condition 25) ~' ' '~"' '' . . - Recreation and.Open Space: ~ - ' The ZOning OrdinanCe requires that 'not less than ten (10) percent of the grOSs .acreage i~f a multifamily project be devotedto recreational use, with.a:minimum.provision of 1.~!5 acres. As previously noted, Tract D is to be developed '.fOr .multifamily USes. .].: -. The. applicant has agreed to Pr°Vide a minimum total of 2.2 acres of Open sP~ce/rec~eau3n:- areas within the prOjeCt (proffered ConditiOn 28), These. areas~are to be-l°Cated ~ .Tracts B1 and.C1 through C3; N0ne is to be allocated to.TractD, the'only multi,Y_...-. tract in the development. In addition, Tract D has approximately'41 acres; theref°re;:P~r ordinance a. minimum o f 4,1 acre~-o f open Space/recreation are~ shoUld'be proVided:. focal point within this tract. For those focal point areas Pr°vided, as disCus d-'ab0ve,. apPlicant has agreed 'that Certain'amenities to accommo'dm, and :facilitate. gatherings-. would be included and that certain Of thOse facilities.wOuld bec°nstmeted prior to release of building permits for more than 150 dwelling Units; (Proffered'Condition 28) The applicant has also prOffered that these common recreational areaSwill not. inClude amenities primarily assOciated with children's play.- (Proffered Condition 19) ' ) 17 04SN0227-OCT27~BOS Sidewalks' and Pedestrian Paths: The Zoning Ordinance. requires" that sidewalks be provided within a residential multifamily project.. Higher density developments .warrant the provision, of sidewalks on both-sides of all internal rights'of way to provide a form of passive recreation as well asa safe and ~convenient access to open space areas within the development. The applicant has agreed to provide sidewalks along each side of all interior streets and common driveways. (Proffered Condition 14) Further, the applicant has agreed to provide an easement and soft-surface multipUrPose trail throughout this development eolmeeting the_ Government Center complex to Pocahontas State Park.: This trail would serve the public and as a reereational' amenity for the private community. (Proffered Condition 20) Garages: .. T° address concerns relative to the appearance of garage doors facing adjoining, streets, the apPlicant has agreed to the use of architectural features and/or orientation to minimize the: visual 'impact. Given the close prOximity of the proposed dwelling units to one another and to' the streets, limiting garage .doors to side and rear entry provides a.better guarantee that their impact on the street and scope will be softened. (Proffered Condition 26)' Landscaping and Lighting: Street trees and landscaping should' be Provided-to enhance the residential appeal of the development, define private spaces and minimize..the.predominance 0f building mass and paved areas. The apPlicant proposes, that.street trees be planted along each side of . interior roads and common driVeways to include any. entranCe-roads from public' roads into the development (Proffered COndition 15). Landscaping is to be installed around the foundation of all buildings, between buildings and driveways; within- medians and within common areas not occupied by recreational facilities.' (Proffered Condition. 17) The applicant has proffered to' provide a tree preservation strip- adjacent to several single family residential properties which front, along COurthouse Road (Proffered. Condition 16), As this tree preservation strip will be recorded as part of each:individual .lot and not in common area, it may become difficult for staff to enforce the integrity of this strip !if those property owners upon. whose lot the strip is recOrded decide to clear the vegetation. In. addition, the applicant has agreed that any light poles within the development will not exceed a height of twenty-five (25) feet..(Proffered ConditiOn 18) Covenants and Subdivision Plats: Proffered Cbndition 32 would'require recordation of restrictive covenants for'the subject property. In addition, Proffered Condition 33 would require.specific language in the 18 04SN0227-OCT27-BOS covenants as to the location of the Chesterfield County .Airport.' It should be notedthat the County will only insure the recordation of the covenants and'will nOt be responsible'~ ' for their enforcement. 'Once the covenants are recorded, they can be'changed. The applicant has offered to also' have the proximity of the subject property' to the airport reflected on final subdivision Plats andsite plans. (Proffered Condition 34). · . .-~ CONCLUSIONS The proposed zoning and land use do not conform to the Central Area Plan whiCh-sUggestS the.. · property is appropriate for light-industrial use. One (1) of the goals of the Plan:is to accommodate expanded industrial development in this part of the. Central .'Area.-Thepl~' ' recognizes 'the' importance of the Airport to the County's economic vitality, and'seeks ~topr0teet ~ it from land. uses that would be in conflict with 'activities inherent'to the Airport's o erafionS The Plan further suggests that opporUmity, exists 'W .expand the industrial base of the-.Coun~. with light industrial development in the,vicinity of the Airport; and Ai!~ort-Operafions' mid- - proposed industrial areas should be protected from residential'land use encroachment.: ': '--: ::. Given these considerations, denial of this request is recommended;'.. '... : :.' :'. ' · · CASE HISTORY Planning Commission Meeting (6/15/04): On their own motion, the commissiOn deferred this case to July 20, 2004...: ' ' "~'' ' - · Staff (6/16/04):' The applicant was advised inwriting that ' any . significant new or: revised information: should be Submitted no later than Ju~e 21,' 2004, for consideration,at the commission!S July 20, 2004~ public hearing.. Staff (6/30/04): A revised Textual Statement and. prOffered conditions' Were'receiVed. Applicant (7/19/04): -- An amendment to Proffered Condition 20, relative to .the ltiming of the'reCordation of an easement to accommodate a planned trail was submitted. ' " '. ' · 19 04SN0227-OCT27-BOS ? Planning CommissiOn Meeting (7/20/04): On their own motion, the Commission deferred this case to AugUst 17, 2004. Staff (7/21/04): The applicant was advised in writing that any significant new or revised information should be submitted no later than July 26, 2004, ..for consideration at the Commission's August 17, 2004, public hearing. Staff (Airport and Planning) and Applicant (7/26/04): A meeting was held to discuss concerns of the potential impact of the proposed deVelopment on airport operations: The economic'importance of the airport and Plaus'f°r expansaon as well as potential' complaints of residents'about noise from aircraft, were. discussed. ' Staff (7/26/04): TO date, no additional information has been r¢ceived~ Planning Commission Meeting (8/17/04): On.their own motion, the Commission. deferred this case to sePtember 21, 2004. staff(8/18/04): The applicant was. advised in. writing that any significant new or revised information should be submitted no later than August 23, 2004, fo~ consideration at the Commission's September 21, 2004, public hearing. ' ' APplicant (8/25/04): Proffered Conditions 33 and 34, requiring nOtice to future homeowners of the location of the County Airport, were submitted. 20 04SN0227-OCT27-BOS Planning Commission Meeting (10/27/04): The applicant did not accept the recommendation. There was support·and OpPosition present. Those in support indicated that the proposed development would extend sewer that would benefit other area properties and· that the proPosed residential land USes would be more compatible with existing and future area development than industrial land ·USes.- Those in oppositiOn expressed· concerns relative to traffic, drainage and School impacts. Mr. Litton indicated that the· proposed land USes.would be more compatible with existing area development as well .as the USes proposed by the' church: who' owns the adjaeent property to the northwest and that 'the existence of a large amount of wetlands renders much of the property unsuitable for industrial development. He indieatedthat giVen, these factors, it would appear that Route 288 would be a better boundary, between 'indUStrial and residential development. Mr. Wilson concurred with Mr..Litton.~ - · Mr. Gulley indicated that he participated in the Central Area. Plan process and recalled: the discUSsion regarding industrial land uses around the airport being .vital: to.the economic growth and vitality of the County. He 'stated-. that while-the property is encumbered by wetlands, it.'apPears~there are areas.that could accommodate nodes-of industrial development. He noted that the Department oi!Econ°mic DeVeloPment and the Airport oppose the request. He indicated that if the Dale District Supervisor is. of.the opinion that the circumStances in- the area have changed since the' adoption of the Plan, then perhaps the Plan should be amended. Messrs2 Gecker and Bass conCurred. With: Mr. Gulley. Mr. Gecker added that without substantial changes in the area'since adOption-of:. the Plan, there seems to be no reason to deviate from the.-Plan.. He noted that many of the uses proposed by the adjacent church would necessitate rezoning'so therefore, it would not be appropriate to consider their proposals in the deliberation of this case. ' '-" · Mr. Litton made a motion to approve the request subject to. impositiOn-of a condition which would require Tract-A (COmmercial Tract) to comply with Emerging GrOwth District Standards and- acceptance of the PrOffered Conditions 1 through 26 and'28 through 34. His motion was seconded by Mr. Wilson. AYES: Messrs. Litton and Wilson. NAYS: Messm Gecker, Bass and Gulley. A substitute motion was then made. On. motion .of Mr. Gulley, seconded by Mr. Bass, the Commission recommended denial of this request. ~ AYES: Messrs Gecker, Bass and Gulley. NAYS: Messrs. Litton and Wilson. 21 04SN0227-OCT27-BOS The Boardof Supervisors, on Wednesday, October 27, 2004, beginning at 7:00 p.m., Will take under consideration this request. 22 04SN0227-OCT27-BOS II. III. IV. Textual Statement Gelletly Tract Case No.: February 16, 2004 Revised June 4, 2004 Tract A Limited to Convenience Business C-1 uses, with the exception of maSsage-parlors,, subject to: the Ordinance requirements for these, uses. '. · '. .: Tract B! & B2 ". Limited to Single Family dwellingS, subject to the requirements of the Zoning Ordinance-for the' Residential (R-12) district, except as folloWs: ~' 1. Lot Area and width. Each lot shall have an.area ofnot'less than 7,000 sqUare, feet .and' i/ 'i width of not less than 60 feet. ~ :' ' ~ 2. Side Yard. Two side yards, one a maximum of six (6)feet, the other a minimum of ten (i 0) feet. . Front Yard. Minimum of twenty-five'(25) -feet: -' ' o Tract Limited to Residential Townhouse dwellings subject to the requirements of. the Zoning Ordinance for the Residential Townhouse (RTH) district; except as follows: ' ' 1. Lot Width. A four (4) foot exception'to the thirty-four (34)i foot lot width fOr townhouse rows or groups having five or more lots; 2. Driveways and parking areas. A fifteen (15) foot exception.to the fifteen (15) foot setback :: requirement for driveways .and parking areas from rights of way other :than major arterial 3. An exception to the requirement to provide recreational areas. - ' ' Tract D Rear Yar& Minimum of twenty-five (25) feet: .... Comer Side Yard. Minimum of twenty-five (25) feet for a'Comer lot back to side.with ~' .' another comer lot. Cl, C2, & C3 ~ Limited to Multi-family residential dwellings subject to the requirements of the z°ning.Ordinance for the Residential Multi-Family (R-MF) Districts, except as follows: -_ A. Setbacks l; A twenty (20) foot exception to thetwenty-five (25) foot setback.requirement for structures from driveways providing access exclusively to parking area. 2. A fifteen (15) foot exception to the fifteen (15) foot setback requirement for structures from parking spaces. ~ 3. A fifty (50) foot exceptiOn to the fiftY.(50) foot setback requirements for structures .from propOsed fights of way classified as a special-access right.'of way. · 4, .:A' five (5) foot exception to the thirty (30) foot minimum distance between buildings; B. Driveways and Parking Areas An exception to the requirement that'driveWayS and parking areas have curb and gutters: C. Roads - A nine (9) foot exception to' the twenty-four (24) foot pavement width requirement for . .private driveWays providing access exclusively to parking areas. D. - Recreation Areas An exception to the requirement to provide recreational 'areas ZZ · '{.t} ~ z o- '~'w , / ! . i