07SN0281
L^1priI17, 2007 CPC
May 23,2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0281
Bayhill Development Corp.
Clover Hill Magisterial District
Swift Creek Elementary; Swift Creek Middle; and Clover Hill High Schools Attendance Zones
East line of South Old Hundred Road
REQUEST: Rezoning from Agricultural (A) to Residential Townhouse (R- TH) plus
Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
Residential uses are proposed. Proffered conditions limit the number of dwelling
units to 300, yielding a maximum density of approximately 5.1 dwelling units per
acre (Proffered Condition 6). Exceptions are requested to parking and driveway
requirements serving individual units.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL 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 Upper Swift Creek Plan which
suggests the property is appropriate for regional mixed use uses.
B. The proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and
Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries
Providing a FIRST CHOICE commnnity through excellence in public service
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 requested exceptions are appropriate for parking and driveways that serve
individual units.
(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 property owners and applicant in this rezoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the property under consideration will be
developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not agreed to by the owners and
applicant, the proffers shall immediately be null and void and of no further force or effect.
(STAFF/CPC)
(STAFF/CPC)
1.
Master Plan. The Textual Statement dated March 19, 2007 shall
be the Master Plan. (P)
2.
Cash Proffers. The applicant, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield, prior to the issuance of
a building permit, for infrastructure improvements within the
service district for the Property, $15,600.00 per dwelling unit, if
paid prior to July 1, 2007, or the amount approved by the Board of
Supervisors, not to exceed $15,600.00 per dwelling unit as
adjusted upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2006 and July 1 of the fiscal
year in which the payment is made if paid after June 30, 2007.
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)
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(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
3.
Utilities.
a. The public water and wastewater systems shall be utilized.
b. To provide two water feed connection points for this site
and the adjacent Old Hundred Mill Subdivision Section
"B", the developer shall connect the on-site water line to
the existing eight (8) inch water line in Mill Meadow Drive
and a second location to be determined by the developer's
engineer and approved by the County Utilities staff.
c. To the extent the development exceeds two hundred fifty-
nine (259) dwelling units, the developer shall make all
necessary adjustments to the sizing and slope of the
existing sewer system in "Old Hundred Mill Subdivision
Section B" to accommodate capacity for the development
of up to three hundred(300) dwelling units on this property.
(U)
4.
Timbering. Except for the 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 have been
installed. Except for clearing for roads and utilities, any such
timbering shall be phased to coincide with the phasing of
development. (EE)
5.
No Sole Access. No lots shall have sole vehicular access through
Old Hundred Mill Subdivision. (P)
6.
Overall Density. The aggregate density on the Property shall not
exceed three hundred (300) dwelling units. (P)
7.
Buffers. All required buffers shall be located within recorded open
space. (P)
8.
Materials. The exterior facades of all homes shall be of brick,
stone or vinyl siding having a minimum thickness of 0.042 mils, or
a combination of the foregoing. Masonite siding shall not be
utilized. (P & BI)
9.
Restrictive Covenant. The following restrictive covenants shall be
recorded prior to, or in conjunction with, the recordation of any
subdivision plat:
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(STAFF/CPC)
a. The required Homeowners' association for the townhome
development shall be responsible for the maintenance of
the exteriors of homes as follows: (a) painting, repair,
maintenance and replacement of gutters and downspouts;
(b) maintenance of roofs, shingles, sheathing and felt; and
( c) exterior building wall surfaces (exclusive of doors and
windows ).
b. The style and color of any front-loading garage doors shall
be designed to de-emphasize their appearance from the
street through the use of color, architectural elements and
design, and architectural fenestration as determined by the
Board of Directors or Architectural Review Committee of
the required Homeowners' association. (P)
10.
Transportation.
a. Direct vehicular access from the Property to Old Hundred
Road shall be limited to one (1) public road that aligns
Brandermill Parkway.
b. To the extent not provided by others, the developer shall be
responsible for:
1. the construction of right and left turn lanes at the
intersection of Old Hundred Road and the approved
public road intersection, based on Transportation
Department standards;
11. the full cost of traffic signalization, if warranted as
determined by the Transportation Department, of
the Brandermill Parkway/Old Hundred Road
intersection; and
111. dedication, free and unrestricted to and for the
benefit of Chesterfield County, of any additional
right-of-way (or easements) required to construct
these improvements.
c. Prior to any construction plan approval, a phasing plan for
the improvements identified in Proffered Condition 10 shall
be submitted to and approved by the Transportation
Department.
d. In conjunction with recordation of the initial subdivision
plat, prior to any site plan approval, or within sixty (60)
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(STAFF/CPC)
(CPC)
(CPC)
days from the date of a written request by the Chesterfield
County Public Schools, whichever occurs first, that portion
of right-of-way for the access road to the proposed Clover
Hill High School as substantially shown on Exhibit A
attached hereto and made a part hereof, shall be dedicated,
free and unrestricted, to and for the benefit of Chesterfield
County.
e. All roads that accommodate general traffic circulation, as
determined by the Transportation Department, shall be
constructed to VDOT standards and accepted into the State
System.
f. In conjunction with recordation of the initial subdivision
plat, or within sixty (60) days from a written request by the
Transportation Department, whichever occurs first, forty-
five (45) feet of right-of-way along the easterly side of Old
Hundred Road, measured from the existing centerline of
that part of Old Hundred Road immediately adjacent to the
Property, shall be dedicated, free and unrestricted, to and
for the benefit of Chesterfield County. (T)
11.
Additional Landscaping. In order to substantially mitigate the
view of the back of the townhomes as seen from the intersection of
Old Hundred Road and Brandermill Parkway Extended,
landscaping at two times the density of Perimeter Landscaping C
as set forth in the Zoning Ordinance shall be provided within the
thirty (30) foot buffer for a distance of one hundred fifty (150) feet
along Brandermill Parkway Extended from said intersection. (P)
12.
Minimum Square Footage. Each dwelling unit shall have a
minimum of one thousand five hundred (1,500) square feet of
gross floor area. At the time of complete development, a minimum
of sixty percent (60%) of the dwelling units shall have a minimum
of one thousand seven hundred (1,700) square feet of gross floor
area. The developer shall maintain a record of the gross floor area
of each dwelling unit and shall provide such list when and as
requested by the County. (P)
13.
Construction Access. Mill Meadow Drive shall not be used as a
construction access for the initial development of the Property. (P)
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GENERAL INFORMATION
Location:
East line of South Old Hundred Road, across from Brandermill Parkway. Tax IDs 731-
685-8002 and 732-685-4864.
Existing Zoning:
A
Size:
59.4 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North - A; Public/semi-public (existing and proposed)
South - R-12; Single family residential
East - Route 288
West - A; Public/semi-public
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line at the intersection of South Old Hundred
Road and Brandermill Parkway, adjacent to the western boundary of this site. In addition,
an eight (8) inch water line extends along Mill Meadow Drive adjacent to the southern
boundary of the request site. Use of the public water system is intended (Proffered
Condition 3.a.). 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. To provide an additional water feed for this site, as well as provide
an alternate feed for Old Hundred Mill Subdivision, the applicant has proffered to
connect the on-site water line to the existing eight (8) inch water line in Mill Meadow
Drive and a second location to be determined by the developer's engineer and approved
by the Utilities Department. (Proffered Condition 3.b.)
Public Wastewater System:
The request site is within the Nuttree Branch drainage basin. There is an existing eight (8)
inch wastewater collector line extending along a portion of Forest Mill Drive in Old
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Hundred Mill Subdivision Section B, approximately 150 feet south of this site. Use of the
public wastewater system is intended (Proffered Condition 3.a.). Preliminary
investigation indicates that the existing eight (8) inch wastewater collector line does not
have adequate capacity to serve this level of development. To address this concern, the
applicant has proffered to make all necessary adjustments to the existing sewer system to
provide capacity for this development. (Proffered Condition 3.c.)
There are existing twenty-four (24) inch and sixteen (16) inch diameter wastewater force
mains extending across the northern portion of this site. These wastewater force mains
cannot be used to serve the request site.
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains via tributaries in Old Hundred Mill to Nuttree Branch and
then via Nuttree Branch to Swift Creek. There are currently no on- or off-site drainage or
erosion problems and none are anticipated after development.
The property is currently wooded and, as such, should not be timbered without obtaining
a land disturbance permit from the Department of Environmental Engineering. This will
ensure that adequate erosion control measures are in place prior to any land disturbance.
To address concerns of area property owners, and the Clover Hill District Commissioner,
to insure that all of the property is not denuded at the same time, the proffer ties
timbering to the phasing of development. (Proffered Condition 4)
Water Quality:
Ordinances have recently been amended to adequately address pollution run off from the
subj ect property.
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. 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 new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 300 dwelling units, this request will generate approximately
sixty-eight (68) calls for fire and emergency medical service each year. The applicant has
addressed the impact on fire and EMS. (Proffered Condition 2)
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The Swift Creek Fire Station, Company #16 currently provides 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.
Schools:
Approximately 159 students, (Elementary: 69, Middle: 39, and High: 51), will be
generated by this development. Currently this site lies in the Swift Creek Elementary
School attendance zone: capacity - 697, enrollment - 714; Swift Creek Middle School
zone: capacity - 1,027, enrollment - 1,455; and Clover Hill High School zone: capacity -
1,582, enrollment - 1,593. The enrollment is based on September 29, 2006 and the
capacity is as of 2006-2007. This request will have an impact on the elementary, middle
and high schools. There are currently seventeen (17) trailers at Swift Creek Middle and
eleven (11) at Clover Hill High.
Tomahawk Creek Middle School is scheduled to open in the fall of 2008 that will provide
relief for schools in this area of the county. The new Clover Hill High School will open
in the fall of2010.
This case, combined with other tentative residential developments and zoning cases in the
zones, would continue to push these schools to capacity. This case could necessitate some
form of relief in the future. The applicant has addressed the impact of the development
on schools. (Proffered Condition 2)
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 would most likely impact either the Midlothian Library or a proposed new
branch in the Genito Road area. The Plan indicates a need for additional library space in
this area of the County. The applicant has addressed the impacts of this development on
library facilities. (Proffered Condition 2)
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.
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The applicant has offered measures to assist in addressing the impact of this proposed
development on these parks and recreational facilities. (Proffered Condition 2)
Transportation:
The property (approximately 59 acres) is currently zoned Agricultural (A) and the
applicant is requesting rezoning to Residential-Townhouse (R- TH) with a Conditional
Use Planned Development to permit exceptions to the ordinance. The applicant has
proffered to limit development to a maximum 300 units (Proffered Condition 6). Based
on townhouse trip rates, development of the property could generate approximately 1,600
average daily trips (ADT). These vehicles will initially be distributed along Old Hundred
Road, which had a 2005 traffic count of 10,354 vehicles per day between Genito Road
and Millridge Parkway. Old Hundred Road in this location is a two-lane facility that is at
capacity (Level of Service E) based on the volume of traffic it carries during peak hours.
The Thoroughfare Plan identifies Old Hundred Road as a major arterial with a
recommended right-of-way width of ninety (90) feet. The applicant has proffered to
dedicate forty-five (45) feet of right-of-way along Old Hundred Road in accordance with
this plan (Proffered Condition 10.t). The Plan also identifies a proposed east/west major
arterial from Old Hundred Road at the Brandermill Parkway intersection eastwardly
across Route 288 to Warbro Road, and a proposed interchange on Route 288 with the
proposed east/west major arterial. In the proposed Upper Swift Creek Plan Amendment,
staff recommends deleting this proposed interchange and the east/west major arterial.
The interchange was originally planned to help promote economic development;
however, the land uses being developed around the proposed interchange are lower in
density than were anticipated, and the interchange is no longer needed.
Development must adhere to the Zoning Ordinance relative to access and internal
circulation. Access to major arterials, such as Old Hundred Road, should be controlled.
The applicant has proffered to limit direct access from the property to Old Hundred Road
to one (1) public road that aligns with Brandermill Parkway. (Proffered Condition 10.a)
The Zoning Ordinance allows streets within townhouse developments to be privately
maintained. Staff recommends that all of the main streets within this project be accepted
into the State Highway System. Having these streets accepted into the State Highway
System will ensure their long-term maintenance. The applicant has proffered that all
streets which accommodate general traffic circulation will be designed and constructed to
State (i.e., the Virginia Department of Transportation) standards and taken into the State
System. (Proffered Condition 10.e)
The traffic impact of this development must be addressed. The applicant has proffered
to: 1) construct additional pavement along Old Hundred Road at the public road
intersection to provide right and left turn lanes, 2) provide the full cost of traffic
signalization of the Brandermill Parkway/Old Hundred Road intersection, and 3) dedicate
any additional right-of-way required for these improvements. (Proffered Condition 1 O.b)
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Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. 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 2). Cash proffers alone will not cover
the cost of the improvements needed to accommodate the traffic increases anticipated in
this area. There are no public road improvements for this area currently included in the
Six-Year Improvement Program.
A public high school is planned for property to the north. Several transportation
conditions were included as part of the substantial accord determination for this high
school. The applicant also proffered some of these conditions, including construction of
turn lanes along Old Hundred Road and signalization of the Old Hundred
RoadlBrandermill Parkway intersection. The need for these improvements will be
determined when each proposed development (the high school and the subdivision) is
submitted. Another condition of substantial accord, which was not proffered by the
applicant, requires construction of a public road from Old Hundred Road to Genito Road
to serve the school property. The applicant intends to use this road to access the
proposed subdivision.
During tentative subdivision plan review, specific recommendations will be made
regarding connectivity, sidewalks, and the proposed internal street network.
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Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling 300* 1.00
Units
Population Increase 816.00 2.72
Number of New Students
Elementary 69.90 0.23
Middle 39.00 0.13
High 50.70 0.17
TOTAL 159.60 0.53
Net Cost for Schools 1,604,400 5,348
Net Cost for Parks 181,200 604
Net Cost for Libraries 104,700 349
Net Cost for Fire Stations 121,500 405
Average Net Cost for Roads 2,682,600 8,942
TOTAL NET COST 4,694,400 15,648
* Based on a proffered maximum yield of 300 dwelling units (Proffered Condition 6). 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 stations at $15,648 per unit. The applicant has been advised that a maximum proffer of
$15,600 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 2)
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 Upper Swift Creek Plan which suggests the property is
appropriate for a mix of regional-scale office, commercial, townhouse and multi-family
residential uses.
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The Upper Swift Creek Plan Amendment is currently under reVIew. The Plan
amendment, as drafted by Staff, also suggests regional mixed use.
Area Development Trends:
Area properties south of Genito Road and west of Route 288 are developed or planned
for light industrial (Brandermill Trade Center) and public/semi public (Swift Creek
Middle, new high school and church) uses, with the Old Hundred Mill And Brandermill
Subdivisions located south and west of the subject property. It is anticipated that
development of the subject property would provide appropriate land use transition from
the mix of regional-based uses focused around the Route 288/Powhite Parkway
interchange to the established residential communities located south and west along
South Old Hundred Road Corridor.
Density: Access: and Lot Size:
Proffered Condition 6 limits the development to a maximum of 300 dwelling units,
yielding a density of approximately 5.1 dwelling units per acre.
Old Hundred Mill Subdivision, located south of, and adjacent to, the subject property,
was recorded with the provision of a road (Mill Meadow Drive) stubbing to the southern
portion of the subject property. Should this right of way provide sole access to the
subject property, density and average lot size compatibility with lots in Old Hundred Mill
Subdivision would need to be addressed. As such, the applicant has proffered that there
will be no sole access to the proposed development through Old Hundred Mill
Subdivision at any given time. (Proffered Condition 5)
Construction Traffic:
Proffered Condition 13 prohibits construction traffic through Old Hundred Mill
Subdivision. This proffered condition will be difficult, if not impossible to enforce.
Dwelling Size and Building Materials:
Proffered Conditions 8 and 12 address minimum dwelling sizes and building materials.
The proffers address percentages of minimum dwelling unit sizes. It should be noted that
with the recordation of each section, staff will require that the minimum percentages be
adhered to for each section.
Parking and Driveways:
The Ordinance requires the prOVISIon of two (2) off-street parking spaces for each
dwelling unit. An exception is requested to permit parking within garages to be credited
towards this minimum requirement (Textual Statement). While staff supports such
exception since it reduces the amount of impervious area and therefore, the impact on
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water quality, the developer and future owners should be cautioned that it will not be
possible in the future to convert garages into living space.
Relief is also requested to curb and gutter and setback requirements for driveways and
parking areas serving individual dwelling units (Textual Statement). These standards
were designed to address larger parking areas and private drives serving multiple rather
than individual townhouse units. As such, these exceptions would be appropriate.
Buffers and Landscaping:
The required buffer adjacent to Old Hundred Mill Subdivision would be recorded in open
space. (Proffered Condition 7)
Currently, the Subdivision Ordinance requires the provision of a fifty (50) foot buffer
along South Old Hundred Road and a thirty (30) foot buffer along Brandermill Parkway
Extended. To minimize the view of the rear of the townhouse lots from the intersection
of South Old Hundred Road and Brandermill Parkway Extended, Proffered Condition 11
requires additional landscaping along Brandermill Parkway Extended within the buffer at
this intersection.
Restrictive Covenants:
Recordation of restrictive covenants has been proffered. It should be noted that the
County will only ensure the recordation of the covenants and will not be responsible for
their enforcement. Once recorded, the covenants may be changed. (Proffered Condition
9)
CONCLUSIONS
The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the
subject property and surrounding area is appropriate for a mix of regional-scale office,
commercial, townhouse and multi-family residential uses. That mixture of development has and
continues to be occurring with the Brandermill Trade Center and school uses occurring to the
north. This development will provide an effective land use transition between those more
intense regional uses and Nuttree Subdivision.
The proffered conditions adequately address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and 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.
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CASE HISTORY
Applicant (4/9/07):
Revisions to proffered conditions were submitted.
Planning Commi ssi on Meeting (4/1 7 /07):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Mr. Wilson, the Commission recommended
approval and acceptance of proffered condi ti ons on pages 2 through 5.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under
consideration this request.
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SECOND AMENDED AND RESTATED
TEXTUAL STATEMENT
CASE NO. 07SN0281
March 19, 2007
This is a request to rezone 59.4 acres of the Property under consideration to RTH with a
Conditional Use Planned Development (CUPD) that will permit development of a townhouse
community with the following exceptions:
a. required parking for townhouses may include one (1) space within a townhome
unit's garage; and
b. driveways and parking areas for individual townhomes shall not be required to
have curb and gutter nor be set back a minimum distance from the right-of-way of
any existing or proposed public road.
Providing a FIRST CHOICE commnnity through excellence in public service
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