04SN0314-Dec15.pdfx~ ..... ~-=- !~ 'tuna CPC
December 15, 2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
04SN0314
Tascon Group, Inc.
Bermuda Magisterial District
Ecoff Elementary, Chester Middle and Bird High SchOols Attendance Zones
Northeast quadrant of Iron Bridge and Chalkley Roads
REQUEST:
Rezoning from Neighborhood Business (C-2), Corporate Office (O-2) and
Residential Townhouse (R-TH) to Multifamily Residential (R-MF) with
Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
A multifamily condominium and cluster residential development containing a
maximum of 275 dwelling units is planned. Model homes and a temporary
modular unit for the purpose of marketing the development are also proposed as
well as the retention of three (3) existing single family dwellings.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 9.
AYES: MESSRS. LITTON, BASS AND WILSON
NAYS: MESSRS. GECKER AND GULLEY
STAFF RECOMMENDATION
Recommend approval subject to the applicant addressing the impact of this development on
capital facilities; setbacks for structures from commercial tracts; and the project focal point. This
recommendation is made for the following reasons:
Providing a FIRST CHOICE community through excellence in public service
Ao
The proposed zoning and land use conform to the Chester Village Plan which
suggests the property is appropriate for a mix of neighborhood commercial and
multifamilY residential uses of 2.5 to 10.0 units per acre.
The proposed zoning and land use are representative of existing and anticipated
area development.
The proffered conditions do not adequately address the impact of this
development on necessary capital facilities, as outlined in the Zoning Ordinance
and Comprehensive Plan. Specifically, the need for transportation, schools, parks,
libraries and fire stations is identified in the County's adopted Public Facilities
Plan, Thoroughfare Plan and Capital Improvement Program and the impact of this
development is discussed herein. The proffered conditions do not mitigate the
impact on capital facilities, thereby not ensuring that adequate service levels are
maintained as necessary to protect the health, safety and welfare of County
citizens.
Do
The size and number of the proffered focal points fail. to meet the typical standard
established for other cluster projects.
The Textual Statement permits a reduced setback for structures bordering the
commercial zoning to the south: Retention of the full setback is necessary to
provide appropriate land use transitions between cOnflicting land uses.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
Zoning Plan. Tracts shall be located as generally depicted on the
Zoning Plan, dated June 3, 2004 and revised October 16, 2004 and
prepared by Balzer & Associates, Inc., but the location and size of
Tracts A, B and C may be modified provided the tracts generally
maintain their relationship with each other and any adjacent
properties. A plan for any such Tract adjustment shall be
submitted to the Planning Department for review and approval.
Such plan shall be subject to appeal in accordance with provisions
of the Zoning Ordinance for Site Plan appeals. (P)
(CPC) 2.
Master Plan. The textual statement dated June 3, 2004 and reVised
on November 16, 2004, shall be considered "The Master Plan". (P)
(STAFF/CPC)
3. Utilities. Public water and wastewater shall be used. (U)
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(STAFF/CPC)
(STAFF/CPC)
Timbering. 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 installed. (EE)
Drainage and Water Quality.
A water quality plan, including an assessment of baseline
conditions, for protection and monitoring of the water
quality of the Chester Fishing Club pond and agreeable to
the Chester Fishing Club, that is approved by the Office of
Water Quality shall be submitted to the Planning
Commission for review and approval prior to or in
conjunction with any site plan and/or subdivision plan
apprOval. The intent of the plan is to preserve the existing
water quality of the Chester Fishing Club pond. (OWQ)
If this development causes degradation of water quality in
the Chester Fishing Club pond, the developers shall provide
the necessary remedy to the extent caused by development.
The proposed remedy shall be reviewed and approved by
the Office of Water Quality.
c. The lake in the Ironbridge development was designed using
runoff from this project site based on residential
development. An analysis must be made of the impact that
increased runoff from this project will have on the
Ironbridge pond flood levels. If detention is utilized, the
maximum permissible release rate for the proposed
detention basin shall be such that the capacity of the
existing facilities downstream shall not be exceeded and the
recorded 100-year flood plain/backwater shall not be
increased.
do
The existing on-site 54- acre lake must be refurbished to
provide a principal spillway capable of conveying the post-
development 10-year runoff and an emergency spillway
which will pass the 100-year storm or to that performance
criteria, approved by the Engineering Department which
will contribute to the 'desired performance of the Chester
Fishing Club lake spillway system. The work must be
completed before any occupancy permit will be issued.
eo
The existing lake owned by Chester Fishing Club must be
· analyzed for any adverse hydrolOgical impact as a result of
3 04SN0314-DEC15-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
the new development. The cost of all hydraulic
improvements shown to be necessary by the analysis shall
be borne by the applicant. The improvements shall be
made in accordance with a .plan that schedules
improvements to be made at such time to prevent the
increasing runoff from exceeding the dam's hydraulic
capacity: Any hydraulic improvements shall be designed
and certified by a Professional Engineer. (EE)
Prior to the issuance of a land disturbance permit, signs
prohibiting use of the Fishing Club Pond by construction
workers shall be posted. (EE)
Access.
ao
Direct access from the property to Iron Bridge Road (Route
10) shall be limited to one (1) public road. This access-shall
be limited to right-tums-in and right-ms-out only. The
exact location of this access shall be approved by the
Transportation Department.
No direct access shall be provided from the property to
Chalkley Road. (T)
Dedication. Prior to any final site plan approval or in conjunction
with recordation of the initial subdivision plat, whichever occurs
first, one-hundred (100) feet of right-of-way on the north side of
Route 10, and thirty-five (35) feet of right-of-way on the east side
of Chalkley Road, measured from the centerlines of both roadways,
shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. (T)
Public Roads. All roads that accommodate general traffic
circulation through the development (the "Public Roads"), as
determined by the Transportation Department, shall be designed
and constructed to VDOT standards and taken into the State
System. (T)
Road Improvements. To provide an adequate roadway system at
the time of complete development, the owner/developer shall be
responsible for the following:
Construction of an additional lane of pavement along the
westbound lanes of Route 10 for the entire property
frontage.
4 04SN0314-DEC15-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
11.
12.
bo
Construction of additional pavement along the westbound
lanes of Route 10 at the approved access to provide a
separate right mm, based on Transportation Department
standards
Co
Widening/improving the east side of Chalkey Road to an
eleven (11) foot wide travel lane, measured from the
centerline of Chalkey Road, with an additional one (1) foot
wide paved shoulder plus a seven (7) foot wide unpaved
shoulder and overlaying the full width of the road with one
and one half (1.5) inches of compacted bituminous asphalt
concrete with modifications approved by the Transportation
Department, for the entire property frontage.
de
Dedication to Chesterfield County, free and unrestricted,
any additional right-of-way (or easements) required for the
improvements identified above. In the event the developer
is unable to acquire anY "off-site" right-of-way that is
necessary for any improvement described in 9a, the
developer may request, in writing, that the County acquire
sucll:right-of-way as a public road improvement. All costs
associated with the acquisition of the right-of-way shall be
borne by the developer. In the event the County chooses
not to assist the developer in acquisition of the "off-site"
right~of-way, the developer shall be relieved of the
obligation to acquire the "off-site" right-of-way and shall
provide the mad improvements within available right-of-
way as determined by the Transportation Department. (T)
Phasing. Prior to any construction plan approval or site plan
approval, whichever occurs first, a phasing .plan for the required
road improvements, as identified in Proffered Condition 9, shall be
submitted to and approved by the Transportation Department. (T)
Sidewalks. Sidewalks shall be provided generally on both sides of
the interior street fight of ways and along the property frontage on
Route 10. The treatment and location-of these sidewalks shall be
approved by the Planning and Transportation Departments at the
time of site and/or subdivisiOn plan review. (P)
Street trees. Street trees shall be planted along each side of the
interior roads and common driveways to include entrance rOads
from public roads into the development. If existing trees are
maintained, they may be counted toward this requirement. (P)
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(STAFF/CPC)
13.
Landscaping. Landscaping shall be provided around the perimeter
of all buildings, between buildings and driveways, within medians,
and within common areas not occupied by recreational facilities or
other structures. Landscaping shall comply with the requirements
of the Zoning Ordinance Sections 19-516 through 19-518.
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 and/or subdivision plan review,
shall approve the landscaping plan with respect to the exact
numbers, spacing, arrangement and species of plantings.
(STAFF/CPC)
14. Fencing.
A decorative "wrought irOn-style'' fence shall be provided
along the boundary of Iron Bridge Road. Decorative brick
columns shall be placed at intervals along the fencing on
the Iron Bridge Road frontage of the Property and shall not
be spaced farther apart than sixty (60) feet on center.
A six (6) foot high "wrought iron-style" fence designed to
discourage .climbing (ie. Shall-not have a horizontal top
member), or a seven (7) foot high black vinyl coated chain
link fence shall be provided within the thirty-five (35) foot
buffer adjacent to TAX ID 782-653-3923 as shoWn on the
"Zoning Plan" and shall be set back zero (0) to five (5) feet
from the property line. This fence shall be installed in
phases as soon as practical, and shall be installed adjacent
to any residences prior to the occupancy of such residences
on any tract adjacent to the Chester' Fishing Club pond.
A 'minimum three (3) foot high fence, wall, or hedge (at
mature growth shall be a minimum three (3) feet high) shall
be provided for the remaining perimeter property lines, with
the exception of lake frontage along Tax ID 780-654-3863.
(e)
(STAFF/CPC)
15.
Lighting. Light poles shall have a maximum height of fifteen (15)
feet and shall be located generally along the interior roads as
approved by the Planning Department. (P)
(CPC)
16.
Focal Point. A minimum of 0.50 acres shall be provided in the
clubhouse area, to provide a "focal point" to Tract A. A second
focal point containing a minimum of 0.50 acres shall be provided
at the entrance to Tract B, adjacent to the 54- acre. lake. Part of the
area shall be "hardscaped" and have other amenities that
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(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
17.
18.
19.
20.
21.
22,
accommodate and facilitate gatherings. The exact design and
location shall be approved by the Planning Department at the time
of site and/or subdivision plan review. The clubhouse building and
its related recreational amenities shall be developed concurrent
with the first phase of development. (P)
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. (P)
Buffering. Buffer locations and sizes shall be as dePicted on the
accompanying plan entitled "Zoning Plan" and dated June 3, 2004
and revised October 18, 2004, by Balzer& Associates. The buffers
shall be planted in accordance with-the requirements of the Zoning
Ordinance-Section 19-520 through 19-522. The thirty-five (35)
foot bUffer adjacent to TAX ID 782-653-3923 shall be planted at
two (2) times Landscape requirement 'C'. Existing vegetation can
be counted towards the requirements, and at-a minimum, additional
medium evergreen shrubs shall be:provided at a height of three (3)
to four (4) feet and planted at an average rate of one per eight (8)
foot. (P)
Notification. The developer shall be responsible for notifying by
registered, certified or first class mail the last known representative
on file with the Chesterfield County Planning Department of
Buxton Subdivision as well as the Chester COmmunity Association
and the Chester Fishing Club of the submission of any site plan or
subdivision. plat for the development. Such notification shall occur
as soon as practical, but in no event less than twenty-one (21) days
prior to the approval of such plans. The developer shall provide
the Planning Department with evidence that such notice was sent.
(P)
Dwelling Size. All single family dwelling units located on lots
having less-than 12,000 square feet shall have a minimum gross
floor area of 1,500 square feet. All single .family :dWelling units
located on lots having 12,000 square feet or greater shall have a
m~mmum gross floor area of 2,000 square feet. (P)
Garage DoOrs. Visual impacts of garage doors on single family
dwellings fazing the street shall be minimized through the use of
architectural:fenestration and/or orientation. (P)
Driveways. All private driveways shall be hardscaped. (P)
7 04SN0314-DEC15-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
23.
24.
25.
26.
Foundation Treatment. All exposed portions of the foundation,
with the exception of concrete slab, and exposed piers supporting
front porches of each new dwelling unit shall be faced with brick
or stone veneer or exterior insulation and finishing systems (EIFS)
materials. (P)
Building Materials. Dwelling units shall be constructed with
materials such as brick or stone veneer; composition, hardiplank,
or vinyl siding; and 25-year asphalt shingles. (P)
Virginia Condominium Act: All multifamily dwelling units on the
Property shall be condominiums as defmed and regulated by the
Virginia Condominium Act, and all common areas and
improvements therein shall be maintained by a condominium
association. (P)
Restrictive Covenants. The following provisions shall be
contained in restrictive covenants, which shall be recorded for the
Single Family Dwelling units:
a)
b)
c)
No trait shall be used except for residential purposes.
No accessory buildings shall be erected, placed, or
permitted on the premise.
No noxious, or offensive activity shall be carried on upon by
any resident, nor shall anYthing be done thereon which may
be, or become, an annoyance or nuisance to the
neighborhood.
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
it's building permit.
No sign of any kind shall be displayed to the public view on
any yard except one professional sign of not 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 construction and sales Period.
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. No rubbish, trash, garbage, and other waste shall be
8 04SN0314-DEC15-BOS
(CPC)
27.
i)
J)
k)
kept by any unit except in sanitary containers, and all
equipment for the storage or disposal of sUch material shall
be kept in a clean and.sanitary condition. No central
dumpsters shall be provided.
Each and 'every covenant and condition 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 violation and to recover
damages therefore.
The covenants and conditions herein contained shall run
with the land and shall be binding upon the subsequent
owner or owners of all or any trait' and each'and every
portion of the land shown on the plat and all parties
claiming through or under SUch_owner or owners.
All dwelling units shall have washer and dryer hookups.
All units shall have an attached garage containing a
minimum of 200 gross square feet. (P)
Impacts on Capital Facilities. The applicant, subdivider, or assignee(s)
shall pay the following; for infrastructure improvements within the service
district for the Property, for any dwelling units in eXcess of 106 dWelling
units, to the county, of Chesterfield prior to the issuance of building permit:
$6~542.00 per dwelling unit, if paid prior to July .1,200.5. At the
time of payment, the $6,542.00 will be allocated pro-rata among
the facility_costs as follows: $786.00 for parks and recreation,
$402.00 for~library facilities, $4,380.00 for roads, $551.00 for
schools, and $423.00 for fire stations; or
The amount 'approved by the Board of Supervisors not to exceed
$6,542.00 per dwelling unit pro-rated as set forth above and
adjusted upward by any increase in the Marshall and Swift building
cost index between July 1, 2004,. and July 1 of the fiscal year in
which the paymentis made if paid after June 30, 2005.
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.
do
Should Chesterfield County impose impact fees at any time during
the life of the development'-that are applicable to the property, the
amount paidin cash proffers_shall be in lieu of or credited toward,
but not be in addition to, any impact fees, in a manner determined
by the County. (B&M)
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GENERAL INFORMATION
Location:
Northeast quadrant of the intersection of Ironbridge and Chalkley Roads. Tax IDs 779-
654-Part of 8243; 780-653-Part of 6032 and 7185; 780-654-Part of 0614 and 8207; 781-
652-5796; 781-653-0770, 7245 and 9416; and 782-653-0241 (Sheet 26).
Existing Zoning:
C-2, 0-2 and R-TH
Size:
51.8 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North
South
East
West
- R-7; Single family residential or vacant
- C-2; Commercial or vacant
- A; Vacant
- C-2 and 0-2; Single.family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line that extends along the south side of Iron
Bridge Road and terminates approximately 400 feet east of South Chalkley Road,
opposite the southwest comer of the request site. In addition, a twelve (12) inch water line
extends along the east side of Chalkley Road, and terminates approximately 150 feet
north of this site. The applicant has proffered to use the. public water system. (Proffered
Condition 3)
Public Wastewater System:
An eight (8) inch wastewater collector line extends from the south side of Iron Bridge
Road and terminates on the eastern parcel (Tax ID 780-653-6032) of this request. The
hydraulic analysis for the Great Branch Trunk Line indicates that only a portion of this
site can be served by the Great Branch Trunk Line. The northwest portion of this .site,
adjacent to Chalkley Road, will have to be served from an existing eight (8) inch
10 04SN0314-DEC15-BOS
wastewater collector line in Arbor Landing, approximately 320 feet west of the request
site. Use of the public wastewater system is intended. (Proffered~Condition 3)
ENVIRONMENTAL
Drainage and Erosion:
The property drains in two (2) directions with the majority draining northeast into either
the pond located on the property or into the Chester Fishing Club pond. A small portion
drains northwest under Challdey Road and then through Irongate-Subdivision to Irongate
Lake. Portions of the property are heavily wooded: To insure that proper erosion control
devices are in place, the applicant has addressed postponing t'Lmbering activity until a
land disturbance permit has been issued and the approved devices are installed. (Proffered
Condition 4)
The lake design and floodplain calculations fOr Ironbridge Subdivision were based on
development of this property as residential. The developer must therefore analyze the
outfall to the lake and retain and release water to ensure minimal impact on the
downstream homes and storm-sewer system (Proffered Condition 5.d.). The upper pond
located on the property will need to be retrofitted to meet current criteria (Proffered
Condition 5.e.). Since the Chester Fishing Club pond is-old, there is no information on
file regarding the design criteria or construction of the facility. A hydraulic analysis of
the existing structure will need to be conducted and improvements made based on the
analysis (Proffered Condition 5.e.).
Proffered Condition 5.f was requested by the Chester Fishing Club to discourage
unauthorized use of their pond. It should be noted that the County will only insure the
initial posting of the sign and will: not be responsible for monitoring the replacement of
the signs should by be removed or destroyed.
Water Quality:
Proffered Conditions 5.a. and 5:b. which address water quality protection and monitoring
of the Chester Fishing Club pond were requested by the Chester Fishing Club:
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.
11 04SN0314-DEC15-BOS
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) percent 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 of five (5)
existing stations. Based on 275 dwelling units, this request will generate approximately
sixty-three (63) calls for fire and emergency medical service each year. The applicant has
not addressed the impact on fire andEMS. (Proffered Condition 27).
The Chester Fire Station, Company Number 1, and Bensley Bermuda Volunteer Rescue
Squad currently provide fire Protection and emergency medical service. 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.
Proffered Condition 6 indicates that there will be only one (1) direct access from the
property to'Iron Bridge Road. The Zoning Ordinance requires the provision of a second
public access when the number of dwelling units exceeds fifty (50). A second access will
be required for this project.
The applicant has asked for an. eight (8) foot exception to the twenty-four (24) foot
pavement width requirement for private streets and driveways provided-that the street or
driveway is not designated as a fire lane (Textual Statement I. A. 4.b). When the driveway
or street is designated as a fire lane the width must be a minimum of twenty (20) feet
which is consistent with the Virginia Statewide Fire Prevention Code for fire lane width
requirements. Therefore, the exception is acceptable.
Schools:
Approximately 141 students will be generated by this development. This site lies in
Ecoff Elementary School attendance zone: capacity - 782, enrollment- 797, Chester
Middle School zone: capacity - 846, enrollment -941 and Bird High School: capacity-
1,722, enrollment - 1,828. This request will have an impact on all schools involved.
There are currently four (4) trailers at Ecoff Elementary and five (5) trailers at Bird High.
As a result of recent redistricting which took effect with the September 2004 school year,
a number of students are being moved from Carver Middle to Chester Middle. The
anticipated growth will significantly impact Chester Middle School. The applicant has not
addressed the impact of this development on school facilities. (Proffered Condition 27)
Libraries:
Consistent with the Board of Supervisors' Policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, The Public
Facilities Plan identifies a need for additional library space throughout the County.
12 04SN0314-DEC15-BOS
The applicant has not adequately addressed the impact of this proposed development on
library facilities. (Proffered Condition 27)
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 Plan identifies the need for ten (10) new or expanded special
purpose parks to provide water access or preserve and interpret umque recreational,
cultural or environmental resources. The Plan also identifies shortfalls in trails and
recreational historic sites.
The applicant has not offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation facilities. (Proffered Condition 27)
Transportation:
In 1987, the Board of Supervisors approved a rezoning request (Case 87SN0090) on 81.8
acres in the northeast comer of the Iron Bridge Road (Route 10) and Chalkley Road
intersection for development of a mixed-use project; 'including residential, office and
commercial uses. As part of that zoning approval, the Board conditioned the Textual
Statement to be a part of the Master Plan for development of the project: Transportation
related conditions in the Textual Statement include right-of-way dedication and
construction of specific road improvements along Route 10 and Chalkley Road. This
mixed-use project has not been developed. The subject property (51.8 acres) is part of
that project.
The applicant is requesting rezoning from Neighborhood Business (C-2) on 13.3 acres,
Corporate Office (0-2) on 22.2 acres and Residential Townhouse (R-TH) on 16.3 acres to
Residential Multifamily (R-MF)with Conditional Use Planned Development, to permit
development of a residential condominium and single-family project. The applicant has
submitted a Master Plan that ~ubdivides the property into three (3) tracts; Tracts A, B and
C. The Textual Statement identifies land uses and some maximum densities that will be
developed in each Tract. Based on single family and townhouse trip rates, development
could generate 1,830 average daily trips. The applicant intends to develop this project
mostly for senior adults. Based On senior adult housing (attached and detached)trip rates,
development could generate 1,080 average daily trips. These vehicles will be initially
distributed along Route 10, which had a 2003 traffic cOunt of 33,345 vehicles per day.
The capacity of the four (4) lane section of Route 10 between Branders Bridge Road and
Lewis Road is acceptable (Level of Service D) for the volume of traffic it currently
carries.
The Thoroughfare Plan identifies Route 10 as a major arterial with a recommended right
of way width of 120 to 200 feet, and identifies Chalkley Road as a collector with a
recommended right of way width of seventy (70) feet. The applicant has proffered to
dedicate One hundred (100) feet of right of way along Route 10 and thirty-five (35) feet of
13 04SN0314-DEC15-BOS
right-of-way along Chalkley Road, both measured from the centerline of each roadway, in
accordance with that Plan. (Proffered Condition 7)
Access to major arterials, such as Route 10, and to collectors, such as Chalkey Road,
should be controlled. The applicant has proffered that direct access from the property to
ROute 10 will be limited to one (1) public road and that no direct access will be provided
from the property to Chalkey Road. (Proffered Condition 6)
As previously stated, the applicant intends to develop part of the property for
condominiums. 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 all of the streets that will 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 8)
The traffic impact of this development must be addressed. The applicant has proffered to:
1) construct an additional lane of pavement along the westbound lanes of Route 10 for the
entire property frontage; 2) construct additional pavement along the westbound lanes of
Route I0 at the approVed access to provide a separate right turn lane, based on
Transportation Department standards; and 3) widen/improve the east side of Chalkey
Road to an eleven (11) foot wide travel lane, measured from the centerline, with an
additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder
and overlaying the full width of the road with a bituminous asphalt concretefor,the entire
property frontage. (Proffered Condition 9)
It is not anticipated that the developer will need to acquire "off-site" right of way for the
proffered road improvements. However, according to Proffered Condition 9, if the
developer needs off-site right of way and is unable to acquire it, 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. (Proffered Condition 9)
The applicant has also proffered to contribute cash, in an amount consistent with'the
Board of Supervisors' Policy, towards 'mitigating the traffic impact of this development
(Proffered Condition 27). As development continues in this part of the County, traffic
volumes on area roads will substantially increase. Cash proffers alone will not cover the
cost of the improvements needed to accommodate the traffic increases. No public road
improvements in this part of the County are currently included in the Six-Year
Improvement Plan; except for a shoulder improvement project on Branders Bridge Road
from Carver Heights DriVe to Bradley Bridge Road, scheduled for construction in
Summer 2007.
14 04SN0314-DEC15-BOS
The applicant has not addressed the full impact of this development on area roads;
therefore, staff cannot support this request.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units' 275 1.00
Population Increase 748.00 2.72
Number of New Students
Elementary 62.15 0.23
Middle 34.65 0.13
High 44.00 0.16
TOTAL 140.88 0.51
Net Cost 'for Schools 5,532
Net Cost for Parks 216,975 789
Net Cost for Libraries 111,100 404
Net Cost for Fire Stations 116,875 425
Average Net Cost for Roads 1,209,725 4,399
TOTAL NET COST I 3,175,975 I 11,549
I
I
*Based on textual statement. Actual nUmber of lots and corresponding impact may vary.
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan, and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this Request Analysis.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire
stations at $11,549 per unit. The applicant has been advised that a maximum proffer of $11,500
per unit would defray the cost of the capital facilities necessitated by this proposed development.
The applicant has offered cash in the amount of $6,542 per unit in excess of the 106 potential
dwelling units allowable on the property currently zoned R-TH (Proffered Condition 27). Staff
has reviewed this request in accordance with the Board's policy as amended in 2002. The
amendment discontinued the past practice of allowing the transfer of density credits from one
property to another. Later actions by the Board of Supervisors on June 25, 2004 amended the
policy by discontinuing the practice of allowing density credits for those dwelling units permitted
15 04SN0314-DEC15-BOS
under existing conditions of zoning. The Board noted, however, they would consider the benefits
of improvements to the existing zoning when evaluating rezoning requests. The $6,542 does not
adequately address the impact of this development on schools. The reduced cash proffer,
combined with payments being collected only for those units in excess of 106, adversely impact
the county's ability to provide capital facilities to its citizens.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum Cash proffer in this case.
Staff recommends the applicant fully address their impact on capital facilities.
The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this request that may
justify acceptance of cash proffers below the maximum amount.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Chester .Village Plan which suggests the property is
appropriate for a mix of neighborhood commercial and mUltifamily residential uses of 2.5
to 10.0 units per acre. The Plan encourages residential development to integrate common
open or green space, recreational facilities, landscaping and architectural cohesiveness.
Area Development Trends:
Properties to the north are zoned Residential (R-7) and are developed as part of the
Buxton and Lakewood Farms Subdivision developments. Properties to the south are
zoned Neighborhood BUsiness (C,2) and are occupied by commercial uses or are
currently vacant. Property to the east is zoned Agricultural (A) and incorporates a pond
owned by the Chester Fishing..Club. Properties to the west are zoned Neighborhood
Business (C-2) and Corporate Office (O:2) and are occupied by single, family dwellings
or are currently vacant. It is anticipated that commercial-uses will continue to be focused
at the intersection of Iron Bridge and Chalkley Roads, with office and high density
residential uses providing the transition from this commercial node to established single
family residential developments to the north.
Zoning History:
On December 7, 1987, the Board of Supervisors, upon a favorable recommendation'by
the Commission, approved a rezoning from Agricultural (A) and Residential (R-7) to
Residential Townhouse (R-TH), Office Business (O) and Convenience Business (B-l)
with Conditional Use Planned Development on 75.6 acres, plus proffered conditions on
an adjacent 6.2 acre tract zOned Residential (R-7)(Case 87S090). A mixed use
development with residential, office and commercial uses was planned. The current
request property was included as part of this case.
16 04SN0314-DEC15-BOS
On February 23, 2000, the Board of Supervisors, upon a favorable recommendation by
the Commission, approved an amendment to Conditional Use Planned Development
. (Case 87S090) relative to water quality and storm sewer issues (Case 00SN0170). A
portion of the current request property was included in this case.
Site Design:
The Zoning Plan divides the property into three (3) tracts of land (Proffered Condition 1).
It is anticipated that the acreage noted on the Plan within Tract A will increase by
approximately one (1) acre upon vacation by the developer of a dedicated right of way
currently bisecting this tract. A maximum of six (6) condominium units per acre may be
developed within Tracts A and C yielding a total of 225 condominium dwelling units
(Textual Statement Item I.A. 1 and III.A). A maximum of fifty (50) cluster residential
units may be developed within Tract B (Textual Statement Item II. 1), yielding a
cumulative total of 275 units. Tract boundaries may be modified subject to staff review
and approval, thereby ensuring these tracts maintain their relationship with one another
and adjacent properties.
As previously noted, the request incorporates multifamily as well as single family_
residential uses on lots containing a minimum of 6,600 square feet in area. When
requests are made to reduce the minimum lot size beloW'12,000 square feet or to modify
other Ordinance requirements as part of a Conditional Use Planned Development, staff
examines the uniqueness of each request to determine if the development proposal
warrants a reduction in these requirements. Through the Commission and Board's
consideration of these requests, ~standard conditions have evolved to address the qUality of
these smaller lot developments through the use of design and the provision of appropriate
amenities. These typical standards include, but. are not limited to, the provision of
sidewalks, street trees, landscaping around buildings, streetscaping, pathways and side or
rear entry garages.
Multifamily Residential:
Multifamily residential uses would be permitted in both Tracts A and C. Currently, Tract
A is developed for two (2) single family residences and Tract C is developed for one (1)
single family residence. Upon redevelopment, each of these Tracts will be permitted to
retain one (1) single family dwelling. (Textual Statement Items I.B and III.A)
Except as modified by this request, multifamily residential development must conform to
the requirements established in the Zoning Ordinance for Multifamily Residential (R-MF)
Districts. The applicant has requested exceptions to several of these standards, as noted
in the Textual Statement submitted with this application (Proffered Condition 2). These
Ordinance standards were designed to address a typical, suburban high-density residential
project. The majority of these exceptions will allow flexibility in site design to
accommodate a unique multifamily project that has a character more in keeping with a
single family development.
17 04SN0314-DEC15-BOS
Single Family Residential:
Single family residential Uses Would be permitted within Tract B. Single family
residential development must conform to the requirements established in the Zoning
Ordinance for the Residential (R-12) District. The applicant has requested exceptions to
several of these standards, as noted in the Textual Statement sUbmitted with this
application. These exceptions allow flexibility in site design to accommodate cluster
residential units on lots containing a minimum of 6,600 square feet in area. (Textual
Statement Item II)
Single family residential uses would also be permitted within Tract C as an alternative to
multifamily (condominium) units.- Development of single family residencies within Tract
C must conform to the requirements established in the Zoning Ordinance for the
Residential (R-12) District. (Textual Statement Item III.B)
Recreation and Open Space:
The Ordinance requires that not less than ten (10) percent of the gross acreage of the
multifamily portion of the project be devoted to recreational use, with a minimum
provision of 1.5 acres. These recreational requirements may be met cumulatively
throughout the project,, within both the multifamily-and single family portions of the
development (Textual Statement-Item IV.A). The applicant has proffered that these
common recreational areas will not include amenities primarily associated with children's
play. (Proffered Condition 17)
Within smaller lot developments, focal points are provided in a central location to
visually announce a project upon entry and create green space at the entrance of a
development. Generally, focal points should be a minimum of .75 acre to provide usable
open space to accommodate hardscaping and facilitate the gathering of residents. The
applicant has provided a minimum of .50 acre within Tract A and Tract B. There is no
commitment for a focal point in Tract C. The proffers fail to provide for sufficient focal
points (Proffered Condition 16). Given the project's overall size and density, the design
should accommodate this minimum provision of .75 acre of focal point acreage within
each of the three (3) proposed Tracts.
All common areas within the multifamily portion of the development must be maintained
by a condominium association. (Proffered Condition 25)
Buffers and Setbacks:
The Zoning Ordinance requires a minimum fifty (50) foot setback for structures from
project boundaries within a Multifamily Residential (R-MF) District. Two (2) exceptions
are requested to this required fifty {50) perimeter setback.
First, an exception is requested to reduce the setback along the southern project boundary
adjacent to the adjoining Neighborhood Business (C-2) District from fifty (50) to twenty-
18 04SN0314-DEC15-BOS
five (25) feet (Textual Statement Item I.A.2.c). Within this twenty-five (25) foot setback,
a buffer is proffered (Proffered Condition 18). The Ordinance requires a minimum fifty
(50) foot buffer between C-2 and R-MF Districts. This buffer is typically provided on the
C-2 portion unless both properties are considered part of a zoning lot thereby permitting,
with recordation of a perpetual buffer easement, the provision of the buffer in either
zoning district or shared between districts. It is the applicant's intent to provide one-half
of this buffer. Even if this provision is approved, future development of the adjacent
commercial tract will necessitate provision of the required buffer or reduction of the
required buffer through site plan review. This provision, however, does not accomplish
the full intent of the Ordinance in providing both physical and visual separation between
residential and commercial uses. Therefore, staff does not support this setback exception.
The second exception would permit a twenty-five (25) foot setback for condominium
structures from Tract C, if Tract C is developed for single family rather than
condominium uses (Textual Statement Item I.A.2.d). Given that the condominium
portion of the project is developed with a single family character, this exception would be
appropriate.
Adjacent property to the east is zoned Agricultural (A) and contains a fishing pond owned
by the Chester Fishing Club. In an effort to address this club's concerns relative to
protection of the pond, the applicant has proffered the provision of a thirty-five (35) foot
"undisturbed" buffer, adjacent to this parcel as depicted on the Zoning Plan (Proffered
Condition 18). It should be noted that the term "undisturbed" precludes removal of any
vegetation to include invasive or obnoxious plant materials. Further, without a baseline
as to what plant materials are currently located within the buffer, disturbance may be
difficult to validate. To insure a minimum standard of buffering to include plant material
types and planting densities, this proffer should refer to the requirements for buffering in
the Ordinance.
Garages and Driveways:
In conjunction with the provision of smaller lots, the applicant has requested an
associated reduction in building setbacks and lot width (Textual Statement). With the
potential for dwellings to be significantly closer to the road, the appearance of garage
doors along adjoining streets becomes an important design issue relative to their impact
on streetscape. Typically, similar developments have addressed this impact by limiting
the number of garage doors that face the street. The applicant has proffered the use of
garage door orientation or architectural fenestration for the single family development
only to minimize the impact of garage doors upon the streetscape (Proffered Condition
21). Garage door orientation has not been addressed for other types of residential
development. 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 streetscape .will be softened.
All private driveways must be hardscaped. (Proffered COndition 22)
19 04SN0314-DEC15-BOS
Building Materials and Dwelling Size:
The applicant has proffered the Use of specific building materials and foundation
treatments (Proffered Conditions 23 and 24). Single family dwelling units will contain a
minimum of 2,000 square feet gross floor area on lots of 12,000 square feet'or greater,
and 1,500 square feet grOss floor area on all other lots. (Proffered Condition 20)
Lighting and Perimeter Fencing:
Proffered Condition 15 addresses lighting height within the project.
Proffered Condition 14 addresses decorative fencing along Iron Bridge Road. In an effort
to address adjacent property owners' concerns relative to trespassing, this proffer also
requires fencing adjacent to the Chester Fishing Pond to the east and a fence, wall or
hedge adjacent to a portion of the Buxton SubdiVision to the-north.
Sidewalks:
The Ordinance requires that sidewalks be provided within a multifamily residential
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 as a safe and
convenient access to open space, areas within the development. 'The applicant' has agreed
to Provide sidewalks "generally" on both sides of all rights of way.. AS worded; the
proffer does not insure this provision on both sides of all rights of 'way. Therefore, staff
recommends that this prOffer be revised to reflect acommitment to this provision. At the
request of'area residents interested in pedeStrian connectivity along kon Bridge Road,
Proffered conditions also require the provision of a sidewalk along Route 10. (Proffered
Condition 11)
Landscaping:
Street trees and landscaping-should be provided to enhance the residential appeal of the
development, def'me private Spaces and minimize the predominance of 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. Landscaping is to be installed around the perimeter-of all
buildings, between buildings and driveways, within medians and within common spaces
not occupied by recreatiOnal facilities. (Proffered Conditions 1'2 and 1.3)
Model Homes:
In residential districts, model homes (sales offices)'are permitted provided that, in
addition to its permanent use as a dwelling, such home may be uSed as a temporary real
estate office. Within the R-MF District, model homes are not permitted.' Therefore, the
applicant is requesting an exception to permit model homes subject to the same
20 04SN0314-DEC15-BOS
restrictions applied to such uses within residential districts. (Textual Statement Item
IV.B)
The applicant is also requesting the use of a temporary sales office to be located first
within a modular office unit and then within the facilities housing recreational uses or a
model home on the request property. Given that the mOdular office unit nor the planned
recreational facilities are dwellings, sales would not be permitted. Conditions establish
this use as temporary and subject to all other restrictions applied to model homes within
residential districts, which will ensure the residential character of the surrounding area is
maintained. (Textual Statement Item IV.C)
Restrictive Covenants:
Proffered Condition 26 would require recordation of restrictive covenants for the subject
prOperty. It should be noted that 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.
Notification:
In response to area residents' concems, proffered conditions require the developer to
notify the last known representative of Buxton Subdivision on file with the Planning
Department, as well as the Chester Community Association and the Chester Fishing Club
of the submission of any site or subdivision plans. It is imperative that these associations
keep the Planning Department current with the name and address of the representative to
be notified. (Proffered Condition 19)
CONCLUSIONS
The proposed zoning and land use conform to the Chester Village Plan which suggests the
property is appropriate for a mix of neighborhood commercial and multifamily residential uses of
2.5 to 10.0 units per acre. The proposed zoning and land use are representative of existing and
anticipated area development.
However, the proffered conditions do not adequately address the impact of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Specifically, the need for transportation, schools, parks, libraries and fire stations is identified in
the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement
Program and the impact of this development is discussed herein. The proffered conditions do not
mitigate the impact on capital facilities, thereby not ensuring that adequate service levels are
maintained as necessary to protect the health, safety and Welfare of County citizens.
Proffered conditions do not adequately address the typical provision of acreage and locations for
project focal points. Further, exceptions to Ordinance standards for the setbacks of structures
bordering the commercial zoning to the south and along Route-10 do not provide appropriate
21 04SN0314-DEC15-BOS
land use transitions between conflicting land uses nor adequate separation from major arterial
corridors.
Given these considerations, approval of this request is recommended subject to the applicant
addressing the impact of this development on capital facilities, setbacks for structures from
commercial tracts and the project focal~ point.
CASE HISTORY
Applicant (10/19/04):
Amended proffered conditions, Textual Statement-and Zoning Plan were submitted.
These revisions address fencing, water quality, buffers and setbacks relative to the
Chester Fishing Club. Property; clarify landscaping, and focal point provisions and
standards for the retention of existing single family dwellings; and eliminate setback
exceptions along Route I 0.
Planning Commission Meeting (10/19/04):
On their own motion, the Commission deferred this'case to November 16, 2004.
Staff (10/20/04):
The applicant was advised that anY significant new or revised information should be
submitted no later than October 25, 2004, for consideration at the Commission's
November 16 2004, public hearing.
Staff (10/26/04):
To date, no new information has been submitted.
Applicant (11/16/04):
Revisions were submitted eliminating the requested setback exception from Route 10.
22 04SN0314-DEC15-BOS
Planning Commission Meeting (11/16/04):
The apPlicant did not accept .staff, s recommendation, but did accept the Commission,s
recommendation. There' was one (1) person present in support of the rezoning.
Messrs. Gecker and Gulley expressed concerns that the~ Board of Supervisors' Cash
Proffer Policy does not 'provide parameters for addressing density credits.~ There was
discussion regarding the possibility of deferral to allow the ~Board to provide further
clarification as to what circumstances would warrant applying density credits to existing
zoned properties.
Mr. Gecker questioned What proffers had been offered to ensure a better quality
development than what the existing zoning would allow.
Mr. Wilson indicated that in his opinion the proposal representS a better. 'quality :.0f
development than what the existing zoning ensures and-specificallyreferenced sidewalkS~
dwelling size, landscaping, fencing, lighting, buffers,' architectural, treatment and
restrictive covenants.
On motion of Mr. Wilson, seconded by Mr. Litton, the. COmmission recommended
-approval and acceptance of the proffered conditions on p~ges
AYES: Messrs. Litton, Bass and Wilson L . .
NAYS': Messrs. Gecker and Gulley
The Board or.Supervisors, on WednesdaY,' December 15, 2004, beginning at.7:00 p.m., will
under consideratiOn this request.
23 04SN0314-DEC15¢BOS
TASCON IRONBRIDGE ROAD
TEXTUAL STATEMENT
CASE 04SN0314
Revised November 16,.2004
Tract A
A. Multi-family residential dWellings subject to-the reqUirements.of the Zoning
.Ordinance for the,Residential:MulfirFamily(R~MF);Districts;,except as follows:
1. Density
Density shall not exceed six (6) units per gross acre.
2. Setbacks
A twenty-three (23) foOt exception to.:the twenty-five (25) foot
setback requirement for structures from driveways providing.
access' exclusively to parking areas.
b. A fifteen (15) foot exception to the fifteen (15) foot setback
requirement for structures fi.om Puking spaces.
A twenty-fiVe (25) foot exception:to the fifty (50)foot setback
requirements for structures from property lines adjacent,
commercial:zoning. .
d. A fifteen (15) foot exception to the fifty. (50) foot setback
requirements for structures fromproperty lines adjacent to Tract C.
e. A forty (40) foot exception to fifty (50) ifoot setback for structures
fi-om rights of way, excIusive of Rgute 10.
£ A ten (10) foot exception to fifteen (15) foot setback forparking
and driveways from rights of way.
Driveways and Parking Areas
An exception to the requirement that driveways and Parking areas shall
have curb and gutter.
4. Roads
ae
be
A one (1) foot exception tO-the tWenty-four (24) foot 'Pavement width
reqUirement :for 'interior streets.
An eight' (8) foot exception t° the twenty-four (24) foot pavement
width requirement for other private..streets ~and driveways; prOvidedi
however~::thepaVement width of any: Street~or driveway designated as a
fire lane inct~lnecfion with site pla~-review shall be x~ot les~ than
twenty (20)feet. ' '
II.
III.
5. Parcel Area -
An exCeptiOn to the minimum parcel- size for multifamilY developments,
6;' Recreation-~''
Recreation requirements should be met as identified in IV A.
The maintenance of one (!) single familYdwelling ~hich Currently eXists
Property at thefime of rez0ning, subject to the re~uii!~mentS-as outlined inlt~
ii:2 through IL50fthe:Te~tual'Statement: -' "-
Tract B
Single:family
Residential (R-12) as follOws:
1.- Density. A maximum offifly (50) lots.
~ 2,. Lot Area and width.~: EaCh l'ot
and a width ofn°t.:leSs, than 60 feet:
3; Side Yard. Two Sideyards, onea.maximum
often (10) feetk ·
4, Front Yard. Minimum°f,twenty-five(25)feet~' ~i ~
-5. Comer Side
with another comer lot:i~h~ll havea
fifteen (15) feet~ '-: ~
Tract C
Bo
Iotbackto side
less than
Multi-family residential dwellings, subject to ~thereq~Uir~ents~as OUtlinedin.Item t~of
this Textual Statement' aM:the:maintenance of°ne~(ii)~.?ing!e~fmilyldweilihg which'
currently exists on' the-pr0p~ at 'the time of rezoning} iSUb]~t, t° the~requlr~ments as'
omlined in Item 11.2th~6U~h!Ii~5 of the TeXtual'S~af~ent;.0r ' ' i~' . -;' .
Single family dwellings,-sUbjeet to the requirementStf.{h~IZoning'Ordinance for:the
Residential (R-12) DistriCt::"- :'
IV.
Tracts A, B and C
Recreational requirements-of-the Zoning Ordinance for the Residential Multi Family
(R-MF) District'shall be cumulatively met throughOut the project.
B. Model home(s), subject to the requirements of Section t9-65(a) of the Zoning - '
Ordinance.
C. One (1) temporary model home permitted in a modular unit provided:
e
Such unit shall be utilized for a maximum of two (2), years frOm the. date of.
site plan or tentative subdivision approval.: At .the end.Of the two (2)years,: the
temporary sales trailer shall be removed and>the sales activities may be
located ~thin. fa~-lities :ho~sin:g i'e~afi'o~I.~use~on'.th~.-property~" :~ ......
Such unit shall be subject to'the requirements of Section 19-65(a)(2) through
(5) of the Ordinance...
all II