06SN0120-MAR8
December 15,2005 CPC
January 25, 2006 BS
March 8, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0120
CP Courthouse LLC
Dale Magisterial District
Jacobs Elementary; Bailey Bridge Middle; and Manchester High Schools Attendance Zones
East line of Courthouse Road .
REQUESTS: I.
Rezoning from Agricultural (A) to Residential Townhouse (R-TH) with
Conditional Use Planned Development to permit exceptions to Ordinallce
requirements.
II.
Waiver to street connectivity requirements.
PROPOSED LAND USE:
REQUEST I:
A mixtur~ of residential uses, to include sil)gle-family, tow11house and
condominium dwellings, along with commercial uses is planned. The applicant
has agreed to limit residential development to a maximum of 525 uni~s, yielding a
density of approximately 4.8 dwelling units per acre. Also, Proffere~ Conditioll 5
rest~icts the development to housing for older persons. Some commercial'uses are
also planned on a p.ortion of the property.
. PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGES 2 THROUGH 8.
AYES: MESSRS. LITTON, WILSON, BASS AND GECKER.
ABSTENTION: MR. GULLEY.
Providing a FIRST CHOICE community through excellence in public service
REQUEST II:
RECOMMEND A WAIVER TO THE .STREET CONNECTIVITY
REQUIREMENTS.
AYES: UNANIMOUS.
STAFF RECOMMENDATION
Request I:
Recommend denial of the rezoning for the following reasons:
A. The proposed zoning and land uses do not conform to the Central Area
Plan which suggests the property is appropriate for light industrial and
regional mixed uses.
B. The proposal represents residential encroachment into an area .designated
for economic development.
C. The proposed zoning and land uses are not representative of or compatible
with anticipated area development.
D. The proffers and Textual Statement fail to clearly define timing as to when
the' "minimum" number of cluster and' townhouse units must be
completed; facilitate pedestrian circulation between the residential and
commercial tracts; and provide for focal point (open space) area within
Tract A.
Request II:
Recommend denial of the waiver to street connectivity requirements and that
Proffe.red Condition I3.e. not be accepted. This recommendation is made for the
following reason:
The standards by which an exception to street connectivity should be granted have
not been met.
(NOTE: CONDITIONS MAY BE 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 . 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 himself and
his successors or assigns, proffers that the development of the property known as Chesterfield
County Tax Identification Numbers 755-677-2504 and 754-676-4609 (the "Property") under
consideration will be developed according to the following conditions if, and only if, the
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06SN 0120- :rvrAR8- BOS
rezoning request for R- TH with Conditional Use Planned DeveJopment is granted. In the eve'nt
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 fo~ce or effect.
(cpe)
(cpe)
(epe)
(Cpe)
(epc)
(epc)
. 6.
1.
Master Plan. The Textual Statement dated November 30, 2005 and
the Zoning Plan prepared by Timmons Group dated July 22, 2005
(the "Zoning Plan") shall be considered the Master Plan. (P)
2.
Number of Dwellings. The maximum number of dwellings to be
permitted on the Property shall be five hundred and twenty five
(525). A minimum of one hundr~d (100) Cluster Residential
dwellings and a minimum of one hundred (100) Townhouses, as
defined in the Textual Statement, shall be provide~ within the
development and a maximum of two hundred and. twenty five
(225) Multi-family Condo dwellings, as defined in the' Textual
Stat~ment, shall be provided within the development. No more
than one hundred and twenty five (125) building permit
applications shall be submitted for Multi-family Condo dwellings
until one hundred (100) building permits have been issued for
Cluster Residential dwellings and/or Townhouses. (P)
3.
Utilities. Public water and wastewater systems shall be used. (D)
4.
Timbering. With the exception of timbering that has been
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 have been installed. (EE)
5.
Age Restriction. Except as otherwise prohibited by the Virginia
Fair Housing Law, the Federal Fair Housing Act, and such other
applicable federal, state, or local legal requirements, dwelling units
shall be restricted to "housing for older persons" as qefined in the
Virginia Fair Housing Law and no persons under 19 years of age
shall reside therein. (P)
Cash Proffer. The applicant, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield prior to the issuance of
a building permit for each dwelling unit for infrastructure
improvements within the service district for the Property:
a. $10,269 per dwelling unit if paid prior to July 1, 2006.. At
the time of payment, the $10,269 will be allocated pro-rata
among th~ facility costs as follows: $602 fot parks 'and
recreation, $348 for library facilities, $8,915 for roads, and
$404 for fire stations; or
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06SN0120-MAR8-BOS
(epe)
(epc)
b. The amount approved by the Board of Supervisors not to
exceed $10,269 per dwelling unit prorated as s~t forth
above and adjusted upward by any increase in the Marshall
and Swift Building Cost Index between July 1, 2005 and
July 1 of the fiscal year in which the payment is made if
paid after June 30, 2006.
C. . At the option of the Transportation Department, the cash
proffer payment may be reduced for road improvements by
an amount not to exceed the amount that would be paid in
cash proffers for the road component as identified in
Proffered Conditions 6. (a) above, exclusive of those road
improvements identified in Proffered Condition 14,
performed by the applicant, subdivider, or assignee(s), as
determined by the Transportation Department. .
d. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. Should
Chesterfield County impose impact fees at any time during
the life of the development that are applicable to the
Property, the amount paid in cash proffers shall be in lieu
of or credited toward, but not in addition to, any. impact
fees, in a manner as determined by the county. (B&M)
7.
Stormwater Management. The developer shall provide onsite
retention, culvert improvements in Newbys Bridge' Road, or a
combination of both in order to provide drainage capacity across
Newbys Bridge Road that meets State criteria. Alternative
stromwater measures may be approved by the Director of
Environmental Engineering at the time of subdivision or site plan
submission if shown that these measures provide adequ""te
protection of the road crossing. (EE)
8.
Buffers and Screening.
a. All required buffers shall be located within recorded open
space.
b. A decorative screening fence a minimum of six (6) feet in
height shall be installed along the perimeter of the
residential portions of the Property where the Property does
not abut a public road; provided that, in lieu of the screening
fence the developer may elect in some areas to protect and
preserve a twenty (20) foot wide perimeter tree preservation
buffer. No trees that are six (6) inches in caliper or greater
shall be cut down within any tree preservation area;
provided that, dead trees or diseased trees may be removed
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06SN0120-I\1AR8-BOS
(epc)
9.
(cpe)
10.
(cpe)
(epe)
and landscaping, screening, signs, security fencing, utilities
and roads which generally shall run perpendicular through
the buffer, and pedestrian walkways may be permitted
within any tree preservation buffer through subdivision or
site plan review. (P)
Foundations. All exposed portions of front and side foundations
and exposed piers supporting front porches of each dwelling unit
shall be faced with brick, stone veneer, stucco, or exterior
insulation and finishing systems (EIFS) materials. (P)
Building Design'! Materials'! Orientation. Building designs within
the development shall be compatible in architectural styl~ to the
clubhouse design shown on Exhibit A. The dwelling units and the
clubhouse shall be constructed with materials such as brick or
stone veneer; composition, hardiplank, or premium' grade vinyl
siding. All dwelling units shall be oriented towards an. internal
road network within the development, away from Newbys Bridge
and 'Courthouse Roads. (P)
11.
Dedications of Right-of- Way. In conjunction with the recordation
of the initial subdivision plat, prior to any site plan approval, or. no
earlier than one (1) year from the. date of approval of this rezoning
request by the Board of Supervisors and within sixty (60) days from
a written request by the Transportation Department, whichever
occurs first, the following rights-of-way shall be dedicated, free' and
unrestricted, to and for the benefit of Chesterfield County:
a. A ninety (90) foot wide right-of-way for the east/west major
arterial (the "East/West Arterial") based on VDOT Urban
Minor Arterial (50 MPH) standards with modifications
approved by the Transportation Department from Newbys
Bridge Road through the so~thern part of the Property to
Courthouse Road. The alignment of this right-of-way shall
be as generally located as shown on the Master Plan. The
exact location of this right-of-way shall be approved by the
Transportation Department.
b. . Forty-five (45) feet of right-of-way on the west side of
Newbys Bridge Road measured from the centerline of that
part of Newbys Bridge Road immediately adjacent to the
Property. (T)
12.
Public Streets. All streets that accommodate general traffic
circulation through the development, as determined by the
Transportation Department, shall be designe'd and constructed to
VDOT standards and taken into the State System. (T) ,
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06SN0120-:MAR8-BOS
(CPC)
13.
(epe)
Vehicular Access.
a. Vehicular access to Tracts A and B, as identified on the
Zoning Plan, from the East/West Arterial shall be limited to
two (2) public roads. One of these public road accesses (the
"Main Entrance") shall be generally located on the
East/West Arterial approximately midway between
Courthouse and Newbys Bridge Roads. The other public
road access shall be generally located on the East/West
Arterial approximately midway between the Main Entrance
and Newbys Bridge Road. (T)
b. Vehicular access to Tract C 1, as identified on the Zoning
Plan, from the East/West Arterial shall be located
approximately midway between Courthouse Road and the
Main Entrance. This access shall be limited to right tums-
in/right turns-out only. . .
c. There shall be no direct vehicular access to Tract C2, as
identified on the Zoning Plan, from the East/West Arterial.
. d. The only vehicular access to Courthouse Road from the
Property shall be the East/West Arterial. The only vehicular
access to Newbys Bridge Road from the Property ,shall be
the East/West Arterial.
e. No direct vehicular access shall be provided from the
Property to Burnett Drive.
f. The exact location of all vehicular accesses shall be
approved by the Transportation Department. (T)
14.
Road Improvements. To provide an adequate roadway system at
the time of complete development, the Developer shall be
responsible for the following improvements. If any of these
improvements are provided by o~hers, then the specific
improvement shall no longer be required by the Developer, as
determined by the Transportation Department:
a. Construction of two (2) lanes of the East/West Arterial, to
VDOT Urban Minor Arterial (50 MPH) standards with
modifications by the Transportation Department, from
Courthouse Road to Newbys Bridge Road.
b. Construction of a raised median within the East/West
Arterial from Courthouse Road to approximately two
hundred (200) feet east of the access to the' Tract C 1 ,as
identified in Proffered Condition I3.b. The exact design and
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06SN0120-1\1AR8-BOS
length of this improvement shall be approved by the
Transportation Department.
c. Construction of additional pavement along the East/West
Arterial at each approved access to the Property to provide
left and/or right turn lanes, if warranted, based on
Transportation Department standards.
d. Construction of additional pavement along Newbys Bridge
Road at the East/West Arterial intersection to provide left
and right turn lanes, if warranted, based on Transportation
Department standards.
e. Construction of additional pavement along Courthouse Road
at the East/West Arterial intersection to provide a right turn
lane. .
f. Construction of a three (3) lane typical section for the
East/West Arterial at the Courthouse Road and at the
Newbys Bridge. Road intersections. The exact length of
these improvements shall be approved by the Transportation
Department.
g. Full cost of traffic signalization at the intersection of
Courthouse Road and the East/West Arterial, if warranted as
determined by the Transportation Department. The
responsibility of the developer for the cost of traffic
signalization at this intersection shall 'terminate ninety (90)
days after full development of the Property, as. determined
by the Transportation Department.
h. Widening/improving the west side of Newbys Bridge Road
to an eleven (11) foot wide travel lane, measured from the
centerline of the existing pavement with an additional one
(1) foot wide paved shoulder plus a seven (7) foot wide
unpaved shoulder and overlaying the full width of Newbys
Bridge Road with one and one-half (1.5) inch of compacted
bituminous asphalt concrete, with modifications approved
by the Transportation Department, for the entire. Property
frontage.
1. Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified herein. In the event the Developer
is unable to acquire the right-of-way necessary for the road
improvements as described, the Developer may request, in
writing, the County to acquire such right-of-way as a p~blic
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06SN0120-Iv1AR8-BOS
(epe)
15.
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 only provide the road improvement that
can be accommodated within available right-of-way as
determined by the Transportation Department. (T)
Transportation Phasing Plan. Prior to site plan' approval or
tentative subdivision plat approval, which ever occurs first, a
phasing plan for the required road improvements, as identified in
Proffered Condition 14 shall be submitted to and approved by the
Transportation Department. The approved phasing plan shall
require construction of the road improvements, as described in the
Proffered Condition 14. (a), (d), (e), (t), and (h) with initial
development on the Property. (T)
GENERAL INFORMATION
Location:
Fronts in two (2) places on the east line of Courthouse Road, the west line of Newbys
Bridge Road and on the south line of Burnett Drive. Tax IDs 754-676-4609 and 755-
677-2504 (Sheets 16 and 17).
Existing Zoning:
A
Size:
116.0 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - A; Single-family residential
South - A; Vacant
.East - A; Single-family residential or vacant
West - A; Single-family residential or vacant
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06SN0120-MAR8-BOS
UTILITIES
Public Water System:
There is a twelve (12) inch water line extending along Richland Road adjacent to the
northern boundary of this site. In addition, a twelve (12) inch water line extends along a
portion of Courthouse Road and terminates at the intersection with Richland Road,
approximately 900 feet west of this site.
To provide adequate public water service to this site, a twelve (12) inch water line extension
along Courthouse Road, in conjunction. with an internal looping of an adequately sized
water line through the development, connecting to the existing twelve (12) inch water line
along Richland Road will be necessary. Use of public water is intended. (Proffered
Condition 3)
Public Wastewater System:
There is a fifteen (15) inch wastewater trunk line that extends along Licking Creek that
terminates adjacent to Belmont Road, approximately 3,300 feet east of this site. Use of the
public wastewater system is intended. (Proffered Condition 3)
ENVIRONMENT AL
Drainage and Erosion:
The subject property has well over 1,500 feet of frontage along Newby's Bridge Road
and the entire property drains through one (1) of the two (2) tributaries that originate on
the site. The two (2) tributaries, after flowing under Newby's Bridge Road, flow east
under Belmont Road and eventually into Falling Creek. There are currently no on': or
off-site erosion problems and none are anticipated after development. There are .no
current drainage problems on-site; however, the culverts under Newby's Bridge Road are
inadequate ~d Newby's Bridge Road experiences flooding during certain storm events.
(Proffered Condition 7)
Water Qualitv:
A perenniality determination must be performed prior to submittal of a site plan or
tentative subdivision plan.
ECONOMIC DEVELOPMENT
Economic Development has taken into consideration various aspects of the Central Area Plan
and has some noted concerns. The focus on the Route 288 corridor for regional transportation
and industrial location advantages cannot be ignored and, as such, Economic Development must
continue to actively market the light industrial and regional mixed use potential of designated
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06SN0120-MAR8-BOS
areas along the corridor. It is the County's desire to preserve and accommodate growth in the
Central Area by working toward a balanced distribution of employment and housing. .
The Chesterfield Airport Industrial Park is currently ninety percent (900/0) built out with limited
remaining industrial properties available nearby. In addition, the proposed expansion plans at,
and around, the Chesterfield Airport are likely to stimulate renewed and increased interest from
businesses looking to enlist the amenities and services offered by the County's general aviation
Airport; therefore, the significant acreage (116 acres) involved in this rezoning request must be
protected in order to optimize economic development opportunities in the future.
Based on findings contained in the Market Assessment for the Central Area, the Cent~al Area
Plan noted that new multi-family residential development is generally not appropriate north of
Route 288. More importantly, any type of residential development increases the demand for
County services (e.g. schools, fire and police protection, libraries, parks, health/mental health
services); however, the associated tax revenue provided by this type of development is often
insufficient to cover the additional costs of providing these services.
In light of these concerns, the Economic Development Department is unable to support this
request.
PUBLIC FACILITIES
The need for fire, ~chool, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. The residential
portion of this development will have an impact on all of these facilities, except schools.
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 new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 525 dwelling units, this request will generate approximately
136 calls for fire and emergency medical service each year
The Public Facilities Plan has identified the Courthouse Road/Route 288 area as a future
Fire Station site. The applicant is not willing to dedicate land for this site and has
addressed the impact through full cash proffers. (Proffered Condition 6)
The Airport Fire Station, Company Number 15 provides fire protection and emergency
medical service. When the property is ,developed, the number of hydrants, quantity' of
water needed for fire protection and ac.cess requirements will be evaluated during the
plans review process.
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06SN0120-MAR8-BOS
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 the property would most likely impact the existing La Prade Library, the
existing Clover Hill Library or a proposed new branch in the Reams-Gordon area. 'A
need for additional library space in this area of the county is identified in the Public
Facilities Plan. The applicant has offered measures to assist i!1 addressing the impact of
this development on library facilities. (Proffered Condition 6)
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 6)
Transportation:
The property (116 acres) is currently zoned Agricultural (A), and the applicant .is
requesting rezoning to Residential-Townhouse (R- TH) with Conditional Use Planned
Development to permit development of retail and various types of residential units. The
applicant has submitted a Master Plan that subdivides the property into four (4) tra~ts,
Tracts A, B, Cl and C2. The Textual Statement identifies land uses that could be
developed in each Tract. Tracts A and B, totaling 104 acres, could be developed for
various type residential units. The applicant has proffered a maximum density of 525
units in these Tracts (Proffered Conditions 2). The applicant has also proffered that all of
these residential units will be restricted to "housing for older persons" (Proffered
Condition 5). Tracts eland C2, totaling seven (7) acres, could be developed for retail
uses. This request will not limit development of these retail Tracts to a specific land use;
therefore, it is difficult to anticipate traffic generation.
Based on senior adult housing (attached and detached) and shopping center trip rates,
development.could generate approximately 7,550 average daily trips. These.vehicles will
be initially .distributed along Courthouse Road and Newbys Bridge Road, which had 2005
traffic counts of21,475 and 3,659 vehicles per day (VPD), respectively.
As previously stated, part of the property could be developed for various types of
residential use. Staff recommends that all of the main streets in townhouse and
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O~SN0120-MAR8-BOS
condominium 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 12)
The Thoroughfare Plan identifies Newbys Bridge Road as a major arterial with a
recommended right of way width of ninety (90) feet. The Plan also identifies a proposed
east/west major arterial (the "East/West Arterial") with a recommended right ~f way
width of ninety (90) feet, extending from Courthouse Road through the property to
Newbys Bridge Road. The applicant has proffered to dedicate forty-five (45) feet of right
of way measured from the centerline ofNewbys Bridge Road and a ninety (90) foot wide
right of way for the East/West Arterial, both in accordance with the Thoroughfare Plan.
(Proffered Condition 11)
The Thoroughfare Plan also identifies Courthouse Road as a major arterial. Access to
major arteriais, such as Courthouse Road, Newbys Bridge Road and the East/West
Arterial, should be controlled. Courthouse Road is a four-lane divided facility. .A
crossover is located on Courthouse Road that could serve the property. The applicant has
proffered that direct access from the property to Courthouse Road and to N ewbys Bridge
Road will be limited to the East/West Arterial (Proffered Condition 13). The alignment of
the East/West Arterial will be as generally shown on the Master Plan, and will align .the
crossover on Courthouse Road. The applicant has also proffered that direct access from
Tracts A and B will be limited to two (2) public roads (Proffered Condition 13). One (1)
of these public road accesses (the "Main Entrance") will be generally located on the
East/West Arterial approximately midway between Courthouse Road and Newbys Bridge
Road. Anticipating the East/West Arterial to be improved to a four-lane divided facility
in the future, the location of the Main Entrance will be located at the only planned
crossover betweeq Courthouse Road and Newbys Bridge Road. The other public road
access to Tracts A and B will be generally located on the East/West Arterial
approximately midway between the Main Entrance and Newbys Bridge Road. In the
future, .this access will be limited to right turns-in/right turns-out only. Proffered
Condition ~3 will also: 1) limit access from Tract Cl to the East/West Arterial to one (1)
entrance/exit, generally l,ocated midway between Courthouse Road and the Main
Entrance. This access will be limited to right turns-in/right turns-out only; and 2) restrict
all direct access from Tract C2 to the East/West Arterial. The applicant has also proffered
that no direct access will be provided to Burnett Drive. (Proffered Condition 13)
The traffic impact of this development must be addressed. The applicant has proffered to:
1) construct two (2) lanes of the East/West Arterial from Courthouse Road to Newbys
Bridge Road; 2) construct a raised median within the East/West Arterial from Courthouse
Road to approximately 200 feet east of the access to the Tract C 1; 3) construct additional
pavement along the East/West Arterial. at each approved access to provide left and/or
right turn lanes, based on Transportation Department standards; 4) construct additional
pavement along Newbys Bridge Road at the East/West Arterial intersection to provide
left and right turn lanes, based on Transportation Department standards; 5) construct
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06SN0120-11AR8-BOS
additional pavement along Courthouse Road at the East/West Arterial intersection to
provide a right turn lane; 6) construct a three (3) lane typical section for the East/West
Arterial at the Courthouse Road and at the Newbys Bridge Road intersections; 7) provide
full cost of traffic signalization at the intersection of Courthouse Road and the E~st/W est
Arterial, if. warranted; 8) widen/improve the, west side of Newbys Bridge Road to an
eleven (11) foot wide travel lane, measured from the centerline of the existing pavement
with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved
shoulder and 'overlay the full width of road with one and one-half (1.5) inch of asphalt
for the entire property frontage (Proffered Condition 14). Based on Transportation
Department standards, a right turn lane is anticipated to be warranted at the access that
serves Tract Cl. Both left and right turn lanes are anticipated to be warranted along
Newbys Bridge Road at the East/West Arterial intersection" and along the East/West
Arterial at both accesses that serve Tracts A and B. Proffered Condition 15 requires that
the East/West Arterial, the right turn lane along Courthouse Road, the turn lanes along
Newbys Bridge Road and the widen/improvements to Newbys Bridge Road for the
property fro~tage be provided with the initial development on the property.
The developer may need to acquire "off-site" right-of-way for some of the proffered road
improvements. According to Proffered Condition 14, 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 wa.y
acquisi~ion, 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 14)
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads need to be improved to address safety
and accommodate the increase in traffic generated by this development. Courthouse Road
and Newbys Bridge Road will be directly impacted by this development. The capacity of
the four-lane section of Courthouse Road between Qualla Road and Belmont Road is
acceptable (Level of Service B) for the volume of traffic (21,475 VPD) it currently
carries. The capacity of Newbys Bridge Road is also acceptable (Level of Service C) for
the volume of traffic (3,659 VPD) it cu~ently carries.
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 residential
development (Proffered Condition 6). 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 two-lane reconstruction project on Newbys Bridge
Road from Walmsley Boulevard to Falling Creek, scheduled for construction in Spring
2010. .
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06SN0120-:MAR8-BOS
At time of site plan or tentative subdivision review, specific recommendations will be
provided regarding access and internal street network.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling 525* 1.00
Units
Population Increase 1428 2.72
Number of New Students.
Elementary 0 0
Middle 0 0
High 0 0
TOTAL 0 0
Net Cost for Schools 0 0
Net Cost for Parks 3 17,1 00 604
Net Cost for Libraries 183,225 349
Net Cost for Fire Stations 212,625 405
Average Net Cost for Roads 4,694,550 8,942
TOT AL NET COST 5,407,500 10,300
*Based on a proffered maximum of 525 units (Proffered Condition 2). 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 roads, parks, libraries, and fire stations
at $10,300 per .unit. The applicant has been advised that a maximum proffer of $10,269. per unit
would defray the cost of capital facilities necessitated by this proposed age-restricted
development, as it will not have ail increased impact on school facilities.
Consistent with the Board of Supervisors' policy and proffers accepted from other applicants, the
applicant has offered cash and road improvements to assist in defraying the cost of this proposed
zoning on such capital facilities. (Proffered Condition 6)
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 proffers as offered for this case. .
14
06SN0120-lv1AR8-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for light industrial and regional mixed uses.
Area Development Trends:
Most of the 'properties adjoining the request site are zoned Agricultural (A) and are
occupied by single-family residential uses or remain vacant. An adjacent property to the
northeast is zoned Light Industrial (I-I). It is anticipated properties in the immediate
vicinity of the request site will develop with light industrial uses, while properties to the
south, closer to the Route 288 interchange will develop with, a mix of commercial and
office uses, in conformance with the Plan.
Site Design:
The 116 acre request property is proposed for Residential-Townhouse (R-TH) zoning and
may be developed for townhouse, cluster and multifamily condo residential uses; and
commercial and recreational uses, all of which are discussed in further detail herein
(Textual Statement and Proffered Condition 1). The development will have, design
features which include sidewalks, street trees, open spaces and focal points. In addition,
uses will be located and developed as generally depicted on the Zoning Plan prepared by
Timmons Group dated July 22, 2005 (Attachment), as described in the Textual Statement
(Attachinent) and as provided in the proffered conditions. The Tracts' locations and
sizes, including further divisions into Sub-tracts, may be modified so long as land use
transitions and compatibility between different uses are addressed. Likewise, mixing of
residential uses within Tracts or Sub-tracts may be permitted provided land use
transitions and compatibility between different uses are addressed.
Commercial Area:
The applicant has submitted a Plan that conceptually depicts seven (7) acres reserved ,for
commercial uses fronting on Courthouse and Newbys Bridge Roads, along the proposed
East/West Connector Road. The Cent~al Area Plan supports commercial uses in this
area.
Within this commercial area (Zoning Plan - Tracts eland C2), permitted uses include
those uses permitted in the Neighborhood Business (C-2) District plus automobile self-
service stations. Development of these commercial uses would comply with Emerging
Growth District Standards except for side and rear yard requirements. (Textual
Statement III. C.)
15
06SN 0120- MAR8- BOS
Street Connectivity:
Proffered Condition 13.e. prohibits access into the subject 'property from Burnett Drive.
In additional to promoting fire and emergency services safety, subdivision road
connec~ions provide interconnectivity between development thereby reducing congestion
along collector and arterial roads and providing a convenient and safe access to
neighboring properties.
The "Residential Subdivision Connectivity Policy" allows the Board, through the
Commission's recommendation, to waive the requirement for streets in new subdivisions
to connect to adjacent public streets that are designed as local streets, residential
collectors and thoroughfare streets. Staff must evaluate 'this waiver based upon three (3)
criteria: (1) there must be a sufficient number of other stub streets to adequately disperse
traffic and not cause a concentrated use of any one (1) stub street; or,(2) the connection to
a particular stub will cause concentrated traffic at that location; and (3) the projected
traffic 'volume on anyone (1) local str~et within an existing subdivision exceed 1,500
vehicle trips per day. With the ot~er accesses proposed, there would not be a
concentration of traffic at anyone (1) point with a connection to Burnett Drivee Further,
traffic volumes would not exceed 1,500 vehicle trips per day on Burnett Drivee Therefore,
the standards by which an exception to connectivity should be granted have not been met.
As such, staff does not support the exception to connectivity and recommends that
Proffered Condition 13.e. not be accepted.
Density:
Proffered Condition 2 limits residential development to a maximum of 525 dwelling
units, yielding a density of approximately 4J~ units per acre. In addition, the condition
establishes a minimum number of cluster and townhouse dwellings and a maximum
number of multi-family condo dwellings, as well as a cap on the number of building
permit applications for multi-family condo units until 100 building permits have been
issued for cluster and/or townhouse dwellings. Staff does not understand how the
"minimum" number of units will be enforced. Proffered Condition 2 should be amended
so as to provide clear guidance as to at what point the "mini11?-um" requirements relative
to the number of cluster or townhouse units must be met.
Residential Uses:
As previousiy noted, single-family, townhouse and condominium dwellings are proposed
(referred to as Cluster Residential, Townhouse and Multi-family Condos (Textual
Statement III. A.I e and Be 1 e). The proposed lot sizes for the cluster residential units
range from a minimum of 5,000 square feet to a maximum of 10,000 square feet. With
the exception of minimum lot size, yard requirements and percentage of lot coverage, the
cluster residential lots are to conform to Ordinance requirements for the Residential (R-
12) Districte (Textual Statement III. Ae2.)
16
06SN0120-11AR8-BOS
The toWnhouse dwellings are to conform to the requirements of the Ordinance for the
Residential Townhouse (R- TH) District, except as otherwise noted in the Textual
Statement. (Textual Statement III. B.2.)
The Multi-family condo dwellings are to conform to the requirements of the Ordinance
for the Multi-Family Residential (R-MF) District, except as otherwise noted in the
Textual Statement. (Textual Statement III. B.3.)
Other standards established for these residential uses include mInImum house si~es,
setbacks, building height (multi-family condos), foundation treatment, architectural
treatment, provision of sidewalks, buffers, open space in addition to 'Ordinance
requirements, provision of focal points~ street trees, paved driveways and recreational
areas and facilities. (Textual Statement and Proffered Conditions 8, 9 and 10)
While most of the requirements offered for the cluster residential portion of the project
are consistent with those typically required by the Commission and Board of Supervisors
on similar projects recently approved, there are several items that fall short. Specifically,
the proffers fail to adequately ensure pedestrian access between the commercial and
residential tracts and provide a focal point (open space) area in Tract A.
Recreational Facilities:
Passive and active recreational uses limited to facilities and uses that primarily serve the
surrounding residential community would be permitted within Tracts A and B (Textual
Statement II.A). Such uses include, but are not limited to, picnic areas, trails, sidewalks,
ponds, swimming pools, tennis courts, basketball co~s, playgrounds and clubhouses.
The Textual Statement provides for setbacks, buffers and other restrictions to minimize
the impact of such recreational uses on surrounding residential uses.
Buffers and Screening:
The applicant has agreed that all required buffers are to be located in recorded open
space. In addition, a screening fence or a twenty (20) foot wide tree preservation buffer
is proposed to be installed around the perimeter of the residential portions of the
development where the property does not abut a public right of way (Proffered Condition
8). Further, for the multi-family condo buildings, the applicant has agreed to pr9vide a
minimum 100 foot building setback from the ultimate right of way of Newbys Bridge
Road with increased landscaping within the fifty (50) foot buffer to be located in the
setback area.. (Textual Statement III.B.3.)
CONCLUSIONS
The proposed zoning and land uses do not conform to the Central Area Plan which suggests the
property is appropriate for light industrial and regional mixed uses. In addition, the proposed
zoning and land uses are not representative of, or compatible with, anticipated area developmel!t.
(Request I)
17
06SN0120-11AR8-BOS
. .
The application fails to address connectIvIty to Burnett Drive per the Board's adopted
"Residential S~bdivision Connectivity Policy". Evaluation of the Policy criteria indicates that
the standards by which an exception to street connectivity should be granted have not been met.
Given these considerations, denial of a waiver to street connectivity requirements (Request II) is
recommended. Further, it is recommended that Proffered Condition 13.e. not be accepted.
CASE HISTORY
Planning Commission Meeting (12/15/05):
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There. was support and opposition present. Those in
support indicated the development is needed to serve the aging population; will have a
positive impact on the tax base; will not impact traffic on Burnett Drive; and would
preclude industrial development in an area that citizens have been opposed to such
development. Those in opposition expressed concerns relative to traffic and d!ainage
impacts.
Mr. Gecker expressed concerns that the proffers do not provide the guarantees discussed
relative' to open space, commercial uses within the development and other amenities. He
stated, however, that the proposal was a good project.
Mr. Gulley stated the proposal represents a good project; however, he recalled the
adoption of the Central Area Plan and the support of the Plan by the Dale District
Supervisor, Mr. Miller, and was reluctant to support a project contrary to the Plan.
Mr. Litton indicated the proposal represents a good project.
On motion of Mr. Litton, seconded by Mr. Wilson, the Commission recommended
approval of the rezoning and Conditional Use Planned Development and acceptance, of
the Proffered Conditions on pages 2 through 8.
AYES: Messrs. Litton, Wilson, Bass and Gecker.
ABSTENTION: Mr. 'Gulley.
On motion of M,r. Litton, seconded by Mr. Wilson, th~ Commission recommended
approval of a waiver to street connectivity requirements.
AYES:. Unanimous.
Board of Supervisors' Meeting (1/25/06):
On their own motion, the Board deferred this request to March 8, 2006.
18
06SN0120-11AR8-BOS
Staff (1/26/06):
The applicant was advised that any significant, new or revised information should be
submitted no later than February 1, 2006, for consideration at the Board's March 8,
public hearing.
Applicant (2/24/06):
To date, no n~w information has been submitted.
The Board of Supervisors, on Wednesday, March 8, 2006, beginning at 7:00 p.m., will take
under consideration t~is request.
19
06SN0120-MAR8-BOS
TEXTUAL STATEMENT
CP COURTHOUSE LLC
July 22, 2005
Revised November 30, 2005
Rezone from A to R- TH with a Conditional Use Planned Development ("CUPD") to permit use
and ordinance exceptions as delineated on the Zoning Plan prepared by Timmons Group, dated
July 22, 2005 (the "Zoning Plan"), as described herein, and as provided in the accompanying
proffers.
I. GENERAL CONDITION
A. To accommodate the orderly development of the Property, the Tracts shall be
located as generally depicted on the Zoning Plan, but their location and size,
including further divisions into Sub-Tracts, may be modified so long as the
parcels 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 the provisions of the Zoning Ordinance for Site Plan
appeals. Sub-Tract (a designated portion ofa Tract) divisions may be created at
the time of tentative subdivision or site plan approval and shall not require a
separate review as a Tract adjustment provided there is no adjustment in the
overall Tract boundary unless the Tract boundary has been approved for
adjustment as stated herein.
B. Residential units [i.e.: Cluster Residential, Townhouses, and Multi-family Condos
(as defined herein)] shall be grouped together within a Tract or Sub-Tract. If
there is a desire to mix the types of residential uses within a Tract or Sub-Tract
the mixing may be permitted if a Mixed Use Plan is submitted for review and
approval by the Planning Department and such review shall be subject to appeal
in accordance with the provisions of the Zoning Ordinance for site plan appeals.
The Mixed Use Plan shall address the land use transitions and compatibility
between the different uses within a Tract or Sub-Tract. Land use compatibility
and transitions may include, but not necessarily be limited to, the exact location of
the uses, buffers, and site design.
C. An overall conceptual plan (the "Conceptual Plan") that identifies the location of
the various tracts and uses shall be submitted for review and approval by the
Planning Department prior to any site or subdivision plan approval. Such review
of the Conceptual Plan shall be subject to appeal in accordance with the
provisions of the Zoning Ordinance for site plan appeals.
I
II. GENERAL REQUIREMENTS AND EXCEPTIONS FOR RESIDENTIAL TRACTS A
AND B.
Except for driveways and street trees, if any of the following facilities are to be provided
they shall be identified on the Conceptual Plan and on the record plat or site plan for any
lot or dwelling unit adjacent to such facilities.
A. Recreational Areas and Facilities
1. Recreational areas and facilities shall be permitted within Tracts A and B.
These areas shall be limited to facilities and uses that primarily serve the
residents of the development including but not limited to passive
recreation areas (such as picnic areas, private trails, sidewalks, and ponds),
as well as active recreation area facilities (such as swimming pools, tennis
courts, volleyball courts, lawn bowling, putting greens, playgrounds,
pavilions, and clubhouses).
a. A minimum often (10) percent of the gross acreage of Tract B
(Townhouses and Multi-family Condos) shall be provided as active
and passive recreational areas. Active recreational area facilities
shall be conveniently accessible to the occupants by pedestrian
paths, trail system, and/or sidewalks.
b. A clubhouse/community building with a minimum of 8,000 gross
square feet in area shall be provided and shall serve as a focal point
and recreational gathering place for the residents of the
development. The clubhouse shall be developed concurrent with
the first phase of residential development.
c. Swimming pools, tennis and volleyball courts, putting greens and
other similar outdoor active recreational facilities shall be located a
minimum of one hundred (100) feet from any proposed or existing
single family residentia1lot line and a minimum of fifty (50) feet
from any existing or proposed public road. Nothing herein shall
prevent development of indoor active recreational facilities and/or
parking within the one hundred (100) foot setback. Within the one
hundred (100) foot setback from any proposed or existing single
family residentiaIlot line, a fifty (50) foot buffer shall be provided
along the perimeter of all outdoor active recreational facilities
except where adjacent to any existing or proposed roads. This
buffer shall conform to the requirements of the Zoning Ordinance
for fifty (50) foot buffers. These buffers and setbacks may be
modified by the Planning Commission at the time of tentative
subdivision or site plan review.
d. Any playground areas for children (areas accommodating swings,
jungle gyms or similar such facilities) shall be located a minimum
2
of forty (40) feet from all property lines. A forty (40) foot buffer
shall be provided along the perimeter of playground areas except
where adjacent of any public roads. These buffers shall conform to
the requirements of the Zoning Ordinance for fifty (50) foot
buffers. These setbacks and buffers may be modified by the
Planning Commission at the time of tentative subdivision or site
plan review.
B. Common ODen Area. A minimum often (10) percent of the gross acreage of
Tract A (Cluster Residential) and twenty (20) percent of the gross acreage of
Tract B (Townhouses and Multi-family Condos), exclusive of driveways and
parking areas but inclusive of recreational areas, shall be provided as common
open area.
c. Driveways. All private driveways shall be hardscaped. Acceptable materials
include asphalt, concrete, and pavers.
D. Street Trees. Street trees shall be provided along both sides of all public roads
within the development.
E. Sidewalks. Sidewalks and trails shall be provided that facilitate pedestrian access
within and between Tracts A and B. Sidewalks shall be provided along that
portion of any public road with dwelling unit frontage adjacent thereto.
Sidewalks shall terminate at the main entrance to Tracts A and B off of the
East/W est Arterial.
F. Focal Points.
1. A minimum of two (2) acres of the common open area shall be located and
positioned to provide the main "focal point" for the development near the
primary entrance to Tract B from the East/W est Arterial and shall include
the clubhouse building along with "hardscaped" areas with benches and
other amenities that accommodate and facilitate use of the focal point as a
gathering place for the residents. A portion of this focal point may include
water features.
2. A minimum of .75 acres of the common open area shall be provided as a
secondary focal point to the development near a second entrance to Tract
B from the East/W est Arterial.
3. The location of the focal points shall be identified on the Conceptual Plan
and the exact location and design of each focal point shall be approved at
the time of site plan or tentative subdivision plan review.
4. The main focal point shall be developed concurrent with the development
of the first phase of residential development. The secondary focal point
shall be developed concurrent with the phase of residential development
containing the secondary entrance to Tract B.
3
G. Temporary Real Estate Sales Offices.. Model Homes.
1. Temporary Real Estate Sales Offices may be operated in modular units
provided that:
a. Such units shall be removed within ninety (90) days after the
issuance of the final certificate of occupancy for dwellings within
the development.
b. Such units shall be subject to the requirements of Section 19-
102(a) (2) through (5) of the Zoning Ordinance.
2. Model Homes shall be permitted subject to the requirements of Section
19-102 of the Zoning Ordinance.
III. REQUIREMENTS FOR SPECIFIC TRACTS.
A. Tract A.
1. Uses.
a. Single family detached dwellings on lots having a minimum area
of 5,000 square feet and maximum area of 10,000 square feet
("Cluster Residential").
2. Requirements.
a. Cluster Residential shall conform to the requirements of the
Zoning Ordinance for the Residential (R-12) District, except as
follows:
(i) Lot Area and Width. Each Cluster Residential lot shall
have an area of not less than 5,000 square feet and a lot
width of not less than fifty (50) feet.
(ii) Percentage orlot coveraee. All buildings, including
accessory buildings, on any lot shall not cover more than
sixty (60) percent of the lot area.
(iii) Front yard. Minimum fifteen (15) feet in depth.
(iv) Side yard.
(a) Each side yard shall be a minimum of three (3) feet
in width.
(v) Comer side yard. Minimum ten (10) feet in depth.
4
(i) Rear yard. Minimum of twenty (20) feet in depth.
(ii) Dwelling Size. The minimum gross floor area for each
Cluster Residential dwelling shall be 1,600 square feet.
B. Tract B.
1. Uses.
a. Residential townhouse dwelling unit ("Townhouse"); attached
group or row of Townhouses ("Townhouse Group").
b. Multiple-family condominium dwelling ("Multi-family Condos").
2. Requirements for Townhouses.
a. Townhouses shall conform to the requirements of the Zoning
Ordinance for the Residential Townhouse (R- TH) District, except
as follows:
(i) Lot width. Each Townhouse lot shall have a lot width of
not less than twenty two (22) feet; except end lots in
Townhouse Groups shall have a lot width of not less than
twenty eight (28) feet.
(ii) Percentage of lot coverae:e. All buildings, including
accessory buildings, on any lot shall not cover more than
seventy five (75) percent of the lot area.
(iii) Front yard. Minimum fifteen (15) feet in depth.
(iv) Side yard. A side yard of not less than five (5) feet in
width shall be provided for each end residence in a
Townhouse Group.
(v) Comer side yard. Minimum ten (10) feet in depth.
(vi) Rear yard. Minimum often (10) feet in depth.
(vii) GrauD or row design.
(a) The number of Townhouses within a Townhouse
Group shall not exceed seven (7).
(b) Varied front yard setbacks shall be achieved by
recessing facades within individual Townhouse
fayades in lieu of staggering Townhouse facades at
the common property wall.
(viii) Common area. A minimum common area of five (5) feet in
width shall be provided adjacent to each Townhouse Group
except where the Townhouse Group fronts or abuts a public
street.
(ix) Dwelling Size. The minimum gross floor area for each
Townhouse shall be 1,350 square feet.
3. Requirements for Multi-familv Condos.
a. Multi-family Condos shall conform to the requirements of the
Zoning Ordinance for the Multi-Family Residential (R-MF)
District, except as follows:
(i) Regulation. All Multi-family Condos shall be
condominiums as defined and regulated by the Virginia
Condominium Act.
(ii) Parcel area. The minimum parcel area for one (1) Multi-
family Condo building shall be one and one quarter (1.25)
acres. The minimum parcel area for two (2) Multi-family
Condo buildings shall be three (3) acres. The minimum
parcel area for more than two (2) Multi-family Condo
buildings shall be five (5) acres.
(iii) Density. The overall density within each parcel area
containing Mu1ti-family Condos shall not exceed twenty
(20) units per gross acre.
(iv) Percentasze of parcel coverage. All buildings, including
accessory buildings, on any lot shall not cover more than
sixty (60) percent of the parcel area.
(v) Dwelline: units per floor. The maximum number of Multi-
family Condo units per floor level of a building shall not
exceed twelve (12).
(vi) Setbacks from roads and propertv lines.
(a) Multi-family Condo buildings: All Multi-family
Condo buildings shall be set back a minimum of ten
(10) feet from interior private driveways. Multi-
family Condo buildings shall be set back at least ten
(1 0) feet from any parking space (except for tandem
parking spaces serving garages) and at least thirty
(30) feet from any proposed right-of-way. All
Multi-family Condo buildings shall be set back a
minimum of thirty (30) feet from all property lines.
6
(b) Multi-family Condo buildings near Newbys Bridge
Road: Multi-family Condo buildings shall be
setback at least one hundred (1 00) feet from the
ultimate right of way for Newbys Bridge Road.
Within this setback the required fifty (50) foot wide
buffer along Newbys Bridge Road shall be planted
at two (2) times the density of perimeter
landscaping C.
(c) Free-standing Garage Structures: All free-standing
garage structures shall be set back a minimum of three
(3) feet from interior private driveways. Free-standing
garage structures shall be set back at least three (3) feet
from any parking space (except for tandem parking
spaces serving garages) and at least fifteen (15) feet
from any proposed right-of-way. All free-standing
garage structures shall be set back a minimum of ten
(10) feet from all property lines.
(vii) Distance between buildings and structures. The minimum
distance between buildings shall be as follows:
(a) Thirty (30) feet between Multi-family Condo buildings.
(b) Twenty (20) feet between Multi-family Condo
buildings and free-standing garage structures.
(e) Five (5) feet between free-standing garage structures
(viii) Drivewavs and parkini! areas. Private driveways shall
have a minimum pavement width of twenty (20) feet.
(ix) Dwelline Size. The minimum gross floor area for each
Multi-family Condo unit shall be 1,200 square feet.
(x) Buildini! Hei1!ht: Multi-family Condo buildings shall not
exceed a height offaur (4) stories or sixty (60) feet,
whichever is less.
c. Tract CI and Tract C2.
1. Uses.
a. Those uses permitted by right in the C-2 Neighborhood Business
District.
b. Automobile self-service stations.
7
\\REA\2SS863.10
2. Reauirements.
a. Except as specified herein, uses shall comply with the
requirements of the Zoning Ordinance for the C-2 Neighborhood
Business District and for the Emerging Growth Areas:
(i) Side yards shall be ten (10) feet in width with the
installation of the perimeter B landscaping.
(ii) Rear yards shall be twenty (20) feet in width with the
installation of the perimeter B landscaping.
8
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