05SN0320-Oct26.pdf
September 20, 2005 CPC
October 26, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0320
Gray Land and Development Co, LLC
Midlothian Magisterial District
Watkins Elementary, Midlothian Middle and Midlothian High School Attendance Zones
West of the terminus of Latham Boulevard
and North Otterdale Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-25) with Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A residential subdivision is planned. The applicant has proffered a maximum of
forty (40) lots yielding a density of approximately 0.4 unit per acre. Exceptions
are requested to lot area, lot width, lot coverage and building setback
requirements of the Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROV AL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 5.
STAFF RECOMMENDATION
Recommends approval for the following reasons:
A. The proposed zoning and land uses conform to the Route 288 Corridor Plan
which suggests the property is appropriate for residential use of one (1) dwelling
unit per acre or less.
B. The proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and
Providing a FIRST CHOICE community through excellence in public service
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Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries
and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan
and the Capital Improvement Program, and the impact of this development is
discussed herein. The proffered conditions mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting
the health, safety and welfare of County citizens.
C. The bulk exceptions will accommodate design standards consistent with the
adjacent Founders Bridge Subdivision.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER(S) 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
The Owners and the Developer (the "Developer") in this zoning case, pursuant to §15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the development of the Property known
as Chesterfield County Tax Identification Number 715-715-9587 (part) (the "Property") under
consideration will be developed according to the following conditions if, and only if, the
rezoning request for R-25 and CUPD is granted. In the event the request is denied or approved
with conditions not agreed to by the Developer, the proffers and conditions shall immediately be
null and void and of no further force or effect. If the zoning is granted, these proffers and
conditions will supersede all proffers and conditions now existing on the Property.
(STAFF/CPC)
(STAFF /CPC) 2.
(STAFF/CPC) 3.
(STAFF/CPC) 4.
1.
Master Plan. The Textual Statement last revised August 24,2005,
and the plan titled "Zoning Map, Rose Tract - East, prepared by
Higgins & Gerstenmaier, dated September 16, 2005, shall be
considered the master plan for the Property. The purpose of the
Zoning Map is to generally designate those areas reserved for
single family development as well as those areas to be recorded as
open space. (P)
Density. The total number of dwelling units shall not exceed forty
(40). (P)
House Sizes. Each dwelling unit shall have a minimum gross floor
area of two thousand five hundred (2,500) square feet. (P)
Development Standards. All exposed portions of the foundation of
each dwelling shall be covered with brick, stone, or eifs materials.
(P)
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05SN0320-0CT26- BOS
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(STAFF/CPC)
(STAFF/CPC)
(STAFF /CPC)
(STAFF/CPC)
(STAFF /CPC)
(STAFF/CPC)
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5.
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)
6.
Utilities. Public water and wastewater shall be utilized, except that
wells and/or bodies of water may be used for irrigation purposes
only for open space and park areas. (U)
7.
Dedication of Right-of-Way. In conjunction with the recordation
of the initial subdivision plat, the following right-of-way shall be
dedicated, free and unrestricted, to and for the benefit of
Chesterfield County.
A. A seventy (70) foot wide right-of-way for a north/south
collector ("North Otterdale Road Extended") from North
Otterdale Road at the northern Property line to North
Otterdale Road at the southern Property line. The exact
location of the right-of-way shall be approved by the
Transportation Department. (T)
8.
Road Improvements. In conjunction with initial development on
the Property, the Developer shall construct two (2) lanes of North
Otterdale Road Extended to VDOT Urban Collector Standards (40
mph) with modifications approved by the Transportation
Department, and construct a right turn lane along North Otterda1e
Road Extended at the public road intersection. The Developer
shall also dedicate to and for the benefit of Chesterfield County,
free and unrestricted, of any additional right-of-way (or easements)
required for these improvements. (T)
9.
Access. Direct access from the Property to North Otterdale Road
Extended shall be limited to one (1) public road and two (2) private
driveways. The exact location of the public road shall be approved
by the Transportation Department. (T)
10.
Cash Proffers.
A. For each dwelling unit developed, the applicant, subdivider,
or assignee(s) shall pay $11,500.00 per unit to the County
of Chesterfield, prior to the issuance of building permit, for
infrastructure improvements within the service district for
the Property if paid prior to July 1,2005.
B. Thereafter, such payment shall be the amount approved by
the Board of Supervisors not to exceed $11,500.00 per unit
as adjusted upward by any increase in the Marshall and
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OSSN0320-0CT26-BOS
~-----------."'~~;"-'~--"~-
(STAFF/CPC)
Swift Building Cost Index between July 1, 2004 and July 1
of the fiscal year in which the payment is made if paid after
June 30,2005.
C. Cash proffer payments shall be spent for the purposes
proffered or as otherwise pennitted by law.
D. Should Chesterfield County impose impact fees or other
substitute for proffers for schools, parks, roads, libraries,
and/or fire stations at any time during the life of the
development, the amount paid in cash proffers shall be in
lieu of or credited toward any such substitute fees at the
detennination of the County. (BM)
11.
Restrictive Covenants. Prior to or concurrent with the recordation
of any subdivision plat for the Property, the following restrictive
covenants shall be recorded for the Property:
A. All driveways on each individual subdivision lot shall be
paved. The exact pavement type, which may include
asphalt, concrete, aggregate materials, and/or brick,
concrete, or stone pavers.
B. All dwellings that provide a garage shall employ side or
rear entry garage designs except that front entry garage
designs may be pennitted provided that garage doors are at
least twenty (20) feet behind the front facade of the house
and that the garage doors are screened from the street
through the positioning of the driveway, landscaping,
and/or natural vegetation.
C. With respect to lots adjacent to Section E of Rosemont,
except for areas where an Open Space designation has been
provided as shown on the Zoning Map, Rose Tract - East,
prepared by Higgins & Gersterunaier, dated September 16,
2005, a twenty-five (25) foot wide tree preservation area
shall be maintained adjacent to Section E ofRosemont. All
tress greater than six-inches in caliper (as measured 12-
inches above ground surface) within the Tree Preservation
Area are to be retained. Any homeowner seeking to clear
trees within this area must obtain prior approval from the
Founders Bridge Property Owners Association's
Architectural Design Committee which in turn shall notify
the adjacent property owner(s) in Founders Bridge and the
Rosemont Homeowners Association prior to approving any
requested Owner activity. The Tree Preservation Area
shall be subject and subordinate to the tenns of any utility
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OSSN0320-0CT26- BOS
or drainage easements which may be granted by Declarant
or its successors to the County of Chesterfield, Virginia.
(P)
GENERAL INFORMATION
Location:
West of the terminus of Latham Boulevard and North Orterdale Road; also east line of
Route 288. Tax ID 715-715-Part of9587 (Sheet 1).
Existing Zoning:
A
Size:
108 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North
South
East
West
- Powhatan County
- A; Vacant
- R-25; Residential
- A; Vacant
UTILITIES
Public Water System:
A sixteen (16) inch water line extends along the existing and future road right-of-way of
North Otterdale Road and across this site. In addition, a twenty-four (24) inch water line
extends along the north side of Midlothian Turnpike approximately 4,400 feet south of this
site.
The applicant has proffered to use the public water system (Proffered Condition 6). Per
Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply
points shall be provided for subdivisions containing more than twenty-five (25) lots.
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OSSN0320-0CT26-BOS
Public Wastewater System:
This site is within the Michaux Creek drainage basin. The twenty-one (21) inch Michaux
Creek wastewater trunk line extends parallel to Route 288 and across the request site. The
applicant has proffered to use the public wastewater system. (Proffered Condition 6)
ENVIRONMENTAL
Drainage and Erosion:
The property is heavily wooded and should not be timbered without first obtaining a
land-disturbance permit from the Environmental Engineering Department and the
appropriate devices installed (Proffered Condition 5). There are no known on- or off-site
drainage or erosion problems with none anticipated after development.
Water Qualitv:
Michaux Creek bisects the property and drains north to the James River. Michaux is a
perennial stream and is therefore subject to a 100 foot conversation area, inside of which
uses are very limited.
The perenniality determinations of several creeks must be approved by the Water Quality
Section of the Environmental Engineering Department prior to tentative subdivision plan
submission.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the CaDital ImDrovement Program. The residential
portion of 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) 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 forty (40) dwelling units, this request will generate
approximately four (4) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 10)
The Midlothian Fire Station, Company Number 5, and Forest View 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.
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OSSN0320-0CT26-BOS
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Schools:
Approximately twenty (20) students will be generated by this development. This
property is currently in the Watkins Elementary School attendance zone: capacity - 752,
enrollment - 764; Midlothian Middle School: capacity - 1,331, enrollment - 1,458; and
Midlothian High School: capacity - 1,589, enrollment - 1,537. The enrollment is based
on September 30, 2004 and the capacity is as of 2004-2005.
This request will have an impact on all schools involved. There are currently seven (7)
trailers at Watkins Elementary and five (5) trailers at Midlothian Middle. A portion of
Watkins was redistricted to Evergreen and Swift Creek. This case, along with others in
the zone, will have a significant impact on both elementary and secondary schools in this
area. Continued development in this area of the county will continue to push schools
over capacity and will necessitate some form of relief. The applicant has addressed the
impact of this development on schools. (Proffered Condition 10)
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.
Development of this property would most likely affect the existing Midlothian Library.
The Plan identifies a need for additional library space to serve this area of the County and
recommends a new library in the Robious Road corridor between Huguenot Road and
James River Road. The applicant has addressed the impact of this development on
libraries. (Proffered Condition 10)
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 to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation Facilities. (Proffered Condition 10)
Transportation:
The property (l08 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-25). The applicant has proffered a maximum
density of forty (40) dwelling units (Proffered Condition 2). Based on single-family trip
rates, development could generate 450 average daily trips.
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OSSN 0320-0CT26- BOS
·--·--··~·-···--____K'_'_
The Thoroughfare Plan identifies a proposed north/south collector ("North Otterdale
Road Extended") with a recommended right of way width of seventy (70) feet, extending
from Midlothian Turnpike (Route 60) through the property towards the county line. Parts
of North Otterdale Road Extended have been constructed with area development. In
conjunction with development of the adjacent subdivision to the north (Founders Bridge
Subdivision) and in conjunction with development of the adjacent subdivision to the
south (Rosemont Subdivision), North Otterdale Road Extended has been stubbed into
both ends of the property. A section of North Otterdale Road Extended from Rosemont
Subdivision, south towards Route 60 has not been constructed. When the entire roadway
is completed, traffic generated by this development will travel along North Otterdale
Road Extended to Route 60. Route 60 had a 2004 traffic count of 25,076 vehicles per
day. The capacity of the four-lane section of Route 60 between the county line and
Winterfield Road is acceptable (Level of Service B) for the volume of traffic it currently
carrIes.
The applicant has proffered to dedicate a seventy (70) foot wide right of way for North
Otterdale Road Extended through the property, in accordance with the Thoroughfare Plan
(Proffered Condition 7). Access to collectors, such as North Otterdale Road Extended,
should be controlled. The applicant has submitted a map that illustrates the areas where
residential and open space is planned. The map shows North Otterdale Road Extended
through the property, and proposes all of the residential area will be located on the east
side of North Otterdale Road Extended, except for a small residential area located
towards the northern part of the property and on the west side of North Otterdale Road
Extended. This small area could accommodate about two (2) lots that would front North
Otterdale Road Extended. The applicant has proffered that direct access from the
property to North Otterdale Road Extended will be limited to one (1) public road and two
(2) private driveways. (Proffered Condition 9)
The traffic impact of this development must be addressed. The applicant has proffered to
construct North Otterdale Road Extended through the property and construct additional
pavement along North Otterdale Road Extended to provide a right turn lane at the public
road intersection (Proffered Condition 8). According to Proffered Condition 8, all of
these improvements will be provided with initial development on the property.
The applicant has also proffered to contribute cash, in an amount consistent with the
Board of Supervisors' Policy, towards mitigating the traffic impact of the development
(Proffered Condition 10). 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.
At the time of tentative subdivision review, specific recommendations will be provided
regarding access and internal street network.
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OSSN0320-0CT26-BOS
-.-...."-.-
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Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 40* 1.00
Population Increase 108.80 2.72
Number of New Students
Elementary 9.04 0.23
Middle 5.04 0.13
High 6.40 0.16
TOTAL 20.48 0.51
Net Cost for Schools 221,280 5,532
Net Cost for Parks 31,560 789
Net Cost for Libraries 16,160 404
Net Cost for Fire Stations 17,000 425
Average Net Cost for Roads 175,960 4,399
TOTAL NET COST 461,960 11,549
*Based on a proffered maximum yield of forty (40) dwelling units (Proffered Condition 2). The
actual number of units and corresponding impact may vary.
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
station 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.
Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants,
the applicant has offered cash to assist in defraying the cost of this proposed zoning on such
capital facilities. (Proffered Condition 10)
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.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Route 288 Corridor Plan which suggests the property is
appropriate for residential use of one (1) dwelling unit per acre or less.
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OSSN0320-0CT26-BOS
----.
Area Development Trends:
Properties to the east are zoned Residential (R-25) and are developed as the Founders
Bridge and Rosemont Subdivision developments. Properties to the south and west are
zoned Agricultural (A) and are currently vacant. Powhatan County borders the northern
boundary of the subject property. It is anticipated that properties within the immediate
area both east and west of Route 288 will develop for residential uses with densities of
one (1) dwelling unit per acre or less consistent with the Plan.
Densitv and Lot Requirements:
A maximum of forty (40) dwelling units have been proffered, yielding a project density
of 0.4 units per acre (Proffered Condition 2). The applicant proposes several bulk
exceptions affecting lot area, lot width, lot coverage and building setbacks. Several of
these exceptions are consistent with those approved for the adjacent Founders Bridge
development.
A maximum of sixteen (16) lots would contain 20,000 square feet or more with an overall
average lot area of 25,000 square feet (Textual Statement). It should be noted that the
Ordinance permits such a reduction provided permanent open space or land, in an amount
equivalent to that by which each lot is reduced below 25,000 square feet, is provided in
common open space. The applicant has submitted a map that illustrates the areas where
residential and open space is planned (Proffered Condition 1). This plan depicts open
spaces abutting a portion of the Rosemont development as well as incorporating a portion
of Michaux Creek and the associated Resource Protection Area (RP A). (Proffered
Condition 1)
Dwelling Size and Architectural Treatment:
The applicant has proffered a minimum dwelling size and specific foundation materials.
(Proffered Conditions 3 and 4)
Restrictive Covenants:
Proffered Condition 11 requires the recordation of restrictive covenants. 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.
CONCLUSIONS
The proposed zoning and land uses conform to the Route 288 Corridor Plan which suggests the
property is appropriate for residential use of one (1) dwelling unit per acre or less.
The bulk exceptions will accommodate design standards consistent with the adjacent Founders
Bridge Subdivision. The proffered conditions adequately address the impacts of this
development on necessary capital facilities, as outlined in the Zoning Ordinance and
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05SN 0320-0CT26- BOS
-"~---------~-_.._.._",-_.,~--~-,
Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations
is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement
Program, and the impact of this development is discussed herein. The proffered conditions
mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained
and protecting the health, safety and welfare of County citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (9/20/05):
Revised proffered conditions were submitted.
Planning Commission Meeting (9120/05):
The applicant accepted staff s recommendation. There was support present indicating the
developer had worked with area residents who understood the potential of clearing in the
open space areas.
On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 5.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, October 26, 2005, beginning at 7:00 p.m., will take
under consideration this request.
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OSSN 0320-0CT26- BOS
TEXTUAL STATEMENT
Gray Land and Development Co., LCC
August 24, 2005
Rezone from A to R-25 with a Conditional Use Planned Development ("CUPD") to
permit zoning ordinance exceptions, as described herein, and as provided in the
accompanying proffers.
RESIDENTIAL BULK EXCEPTIONS
A. Lot Area.
1. A maximum of fifteen (15) lots shall have a minimum lot area of
twenty thousand (20,000) square feet.
2. The average lot size shall be a minimum of twenty-five thousand
(25,000) square feet.
B. Lot Width. Each lot shall have a minimum lot width of one hundred (100)
feet.
C. Lot Coverage. All buildings, including accessory buildings, on any lot
shall not cover more than thirty (30) percent of the lot's area.
D. Front Yard. Minimum of thirty (30) feet in depth.
E. Side Yard. Two side yards, each a minimum of fifteen (15) feet.
F. Comer Side Yard. Minimum of twenty-five (25) feet, except that a comer
lot that is back to back with another comer lot shall have a comer side
yard of not less than fifteen (15) feet.
G. Rear Yard. Minimum of twenty-five (25) feet in depth.
DEVELOPER
By:
Attorney-in-Fact fo
Developer
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ZONING MAP
ROSE TRACT · EAST
Chne.rfteId Cotny, Virginia
SepIember 16. 2005
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