08SN0124
October 16,2007 CPC
January 9, 2008 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0124
Richmond Kickers Youth Soccer Club, Inc.
Dale Magisterial District
North line of Ridgedale Parkway
REQUEST: Amendment to a previously granted Conditional Use Planned Development (Case
87SN0133) to permit indoor/outdoor recreation uses and related requirements
relative to, but not limited to, open space and height.
PROPOSED LAND USE:
In addition to uses currently permitted, recreation facilities including, but not limited
to a soccer complex, other commercial uses and a computer-controlled variable-
message electronic sign as outlined in the Textual Statement are planned. Also, for
the additional uses, the applicant is requesting exceptions to certain development
standards.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
AYES: MESSRS. GECKER, BASS, LITTON, AND WILSON.
ABSTENTION: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval subject to addressing concerns relative to a computer-controlled variable
message electronic sign. This recommendation is made for the following reasons:
A. The proposed land uses conform to the Central Area Plan which suggests the
property is appropriate for regional mixed use uses.
Providing a FIRST CHOICE community through excellence in public service
B. The proposed land uses are representative of, and compatible with, existing and
anticipated area development.
C. The proposed computer-controlled, variable message, electronic sign, as
proposed, does not conform to the adopted Electronic Message Center Policy for
such signs. Specifically, the Policy suggests such signs should not be permitted
within the Route 10 Corridor. Further, the display color limitations recommended
by the policy are not in compliance.
(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 development of the property under
consideration will be developed according to the following proffer 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.
THE FOLLOWING CONDITIONS, IN ADDITION TO THE CONDITIONS OF CASE
NO. 87S133 AS AMENDED HEREIN, SHALL ONLY APPLY TO THE DEVELOPMENT
OF OUTDOOR RECREATIONAL FACILITIES INCLUDING, BUT NOT LIMITED TO,
A SOCCER COMPLEX, WHICH MAY INCLUDE A STADIUM AND PLAYING
FIELDS ENCLOSED BY A BUBBLE-STYLE ENCLOSURE, AN ASSOCIATED
MEDICAL CLINIC, AND ACCESSORY AND RELATED USES (THE "FACILITIES")
AS PERMITTED AND REGULATED PURSUANT TO THE AMENDED CUPD
REQUESTED HEREWITH. TO THE EXTENT SUCH FACILITIES ARE NOT
DEVELOPED, THE CONDITIONS OF CASE NO. 87S133 SHALL CONTINUE TO
APPL Y.
(STAFF/CPC)
1.
Master Plan. The Textual Statement revised November 15, 1988
and as further revised on October 12, 2007, shall be considered the
Master Plan. (Note: this condition supersedes Board Imposed
Condition 1 of Case No. 87S133.) (P)
(STAFF/CPC)
2.
Setback Along Chippenham Parkwav. Within this required forty
(40) foot setback along Chippenham Parkway, existing high story
trees shall be preserved in addition to required landscaping of the
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08SN0124-]AN9- BOS- RPT
Corridor Overlay District standards. A conceptual landscaping
plan depicting this requirement shall be submitted to the Planning
Commission for approval in conjunction with the first schematic
plan review. Within sixty (60) days of rough clearing and grading
for any site adjacent to the setback, a detailed landscaping plan
shall be submitted to the Planning Department for approval.
(Note: this condition supersedes Board Imposed Condition 17 of
Case No. 87S133.) (P)
(STAFF/CPC)
3.
Deletion of Conditions. Board Imposed Conditions 9 and 20 of
Case No. 87S133 are hereby deleted. (P)
(STAFF/CPC)
4.
Right of Way Dedications. Proffered Condition 2 of Case No.
87S133 is hereby deleted. (T)
(STAFF/CPC)
5.
Stub Road. Proffered Condition 7 of Case No. 87S133 is hereby
deleted. (T)
(CPC)
6.
Electronic Changeable COpy Signs. Except for scoreboards, any
computer-controlled variable message electronic signs, which are
visible from off the Property, shall be subject to the following
standards:
a. copy shall be limited to a maximum of two (2) lines which
shall not move, but may fade;
b. the message or display shall be programmed or sequenced
to change no more than once every ten (10) seconds;
c. the copy display color shall either be red, white, or yellow;
d. flashing and traveling messages shall be prohibited; and
e. bijou lighting and animation effects shall be prohibited. (P)
GENERAL INFORMATION
Location:
North line of Ridgedale Parkway and southwest line of Chippenham Parkway, west of Iron
Bridge Road. Tax IDs 774-689-Part of 6684; 775-689-1840,2972 and 8931; 776-688-0199
and 5379.
Existing Zoning:
0-2 with Conditional Use Planned Development
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Size:
52.6 acres
Existing Land Use:
Commercial, outdoor recreation or vacant
Adiacent Zoning and Land Use:
North - R-MF and C-2 with Conditional Use Planned Development; Multifamily residential
South - 0-2 with Conditional Use Planned Development; Multifamily residential,
retirement center or vacant
East - 0-2 with Conditional Use Planned Development and A; Vacant
West - A; Vacant
UTILITIES AND ENVIRONMENTAL
This request will have minimal impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Dale Fire Station, Company Number 11, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact fire and
EMS.
Transportation:
The applicant's requested amendments to several conditions of zoning (Case 87SN0133) will
have no impact on the anticipated weekday peak hours of traffic that will be generated by
development of the property ( 52.6 acres). Vehicles generated by this development will be
initially distributed along Iron Bridge Road (Route 10), which had a 2006 traffic count of
35,983 vehicles per day. The capacity of Route 10 between Chippenham Parkway and
Cogbill Road is acceptable (Level of Service D) for the volume of traffic it currently carries.
No public road improvements in this part of the county are currently included in the Six-Year
Improvement Plan.
The Thoroughfare Plan identifies a proposed east/west collector, with a recommended right-
of-way width of seventy (70) feet, from Turner Road to Ridgedale Parkway. Due to the
topography in the area, the impact of Falling Creek, the proposed park along Jessup Road
and the development that has occurred along Ridgedale Parkway, it would be difficult to
provide the proposed east/west collector from Turner Road to Ridgedale Parkway. Staff
supports elimination of the proposed east/west collector from the Plan, and elimination of the
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08SN0124-]AN9- BOS- RPT
existing proffer (Proffered Condition 7 of Case 87SN0133) that would require the dedication
of this collector road. (Proffered Condition 5)
The Thoroughfare Plan also identifies Chippenham Parkway as a limited access facility. An
existing proffer (Proffered Condition 2 of Case 87SN0133) requires an additional fifty (50)
foot wide right-of-way dedication along Chippenham Parkway, if requested by the
Transportation Department. The applicant is requesting this Proffered Condition be
eliminated. It is not anticipated that this additional right of way will be needed; therefore
staff supports this amendment.
The Virginia Department of Transportation's (VDOT) "Chapter 527" regulations, dealing
with development Traffic Impact Study requirements, have recently been enacted. Staff has
been meeting with VDOT to attempt to understand the process and the impact of the
regulations. At this time, it is uncertain what impact VDOT's regulations will have on the
development process or upon zonings approved by the county.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for regional mixed use uses. Appropriate development would include a
mixture of integrated office, shopping center, light industrial parks, and/or high density
residential uses.
Area Development Trends:
Properties to the north, across Chippenham Parkway, are zoned Multi-family Residential
(R-MF), and Neighborhood Business (C-2) and are occupied by multifamily residential
uses or are vacant. Properties to the south are zoned Corporate Office (0-2) and are
developed for multifamily housing and retirement home uses or remain vacant.
Properties to the east and west are zoned Corporate Office (0-2) and Agricultural (A),
respectively, and remain vacant.
It is anticipated that the properties will continue to develop with a mixture of uses which
could include residential developments of various densities, as well as professional
business, industrial and administrative offices with integrated supporting uses, as
suggested by the Plan.
Zoning History:
On January 25, 1989, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning to allow a mixed use development with
office, commercial and multi-family uses on the subject property and adjacent properties
to the south and east. (Case 87S133)
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On January 16, 1990, the Planning Commission granted Schematic Plan approval for the
Winchester development on property, which included the subject property (Case
90PSOI04). The approved schematic plan depicted office and community business uses
on the request site.
On June 19, 2001, the Planning Commission found a proposal for development of a
public park facility consisting of a soccer field complex and other public park uses on a
portion of the subject property to be in Substantial Accord with the Comprehensive Plan
(Case 01PD0277). Soccer fields are currently located on a portion of the request property
as a part of the County's public park facilities.
Uses:
Case 87S133 permits development of the property for limited commercial and office
uses. Recreational facilities are currently allowed on the property; however, they are
limited to jogging trails and/or facilities for occupants of the multifamily residential tracts
or tenants/employees in the office and commercial tracts of the project. The applicant
requests an amendment to Case 87S133 to delete the limitation on permitted recreation
facilities (Proffered Condition 3) and to permit the option of developing private
indoor/outdoor recreation and accessory uses on the property. Specifically, a soccer
complex, which may include a stadium enclosed by a bubble-style enclosure and other
commercial uses, are proposed (Textual Statement, Items A.4 and A.5). It should be noted
uses currently allowed on the property would continue to be allowed with approval of this
case.
Development Standards:
Conditions of zoning approval and the Textual Statement for Case 87S133 requIre
development of the property to comply with the Route 10 Corridor Overlay District
standards. These standards address landscaping; paving; lighting; signs; architectural
quality of buildings; buffers; and screening of utilities, mechanical equipment and loading
areas. Any uses allowed with the approval of Case 87S133 would still be required to
comply with these standards. Uses proposed with this application would also be required to
comply with the development requirements established with Case 87S 133, except as
modified through conditions and the Textual Statement contained herein. The applicant is
requesting exceptions to the Corridor Overlay District standards relative to the prohibition of
food produced on site, so that concession stands may be allowed to operate in conjunction
with any recreation facility (Textual Statement, Item A.6). Also, the Corridor Overlay
District standards require all uses on the property to be conducted within enclosed buildings.
The applicant has requested an exception to this requirement (Textual Statement, Item A.7).
Given the proposed uses, these amendments would be appropriate
Setbacks:
Instead of afifty (50) foot setback from Chippenham Parkway required under the current
zoning, the applicant is proposing a forty (40) foot setback as well as a twenty-five (25) foot
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08SN0124-]AN9- BOS- RPT
setback from Ridgedale Parkway, consistent with current Ordinance requirements (Proffered
Condition 2).
In addition, the applicant has requested the Corridor Overlay District requirements for
setbacks of buildings and structures, parking, driveway, and loading facilities from
established right-of-way lines and the minimum side and rear yard setbacks for buildings,
as established with Case 87S133, be deleted for the proposed uses (Textual Statement,
Item A.8). As previously noted, uses currently permitted would be required to comply
with the standards set forth in the current zoning.
Building Height:
With the approval of Case 87SN0133 the height of office structures in Medium Density
Office (MDO) and Community Retail (CR) tracts was limited to three (3) stories and retail
structures in Community Retail (CR) tracts to one (1) story. The applicant is requesting
deletion of this condition for the requested uses and that buildings in the MDO tract be
allowed to a height of six (6) stories and in the CR tract to a height of five (5) stories.
(Proffered Condition 3 and Textual Statement, Items A.4.c. and A.5.c.)
Parking and Drives:
The Corridor Overlay District standards prohibit surface treated parking areas and drives but
allows concrete and bituminous concrete and other similar materials and requires the
installation of curb and gutter around the perimeter of such areas. The applicant proposes, in
addition to concrete and bituminous concrete, asphalt or gravel as material for the
construction of driveways and parking areas. In addition, curb and gutter is not planned
around the perimeter of driveways and parking areas for the requested recreation uses
(Textual Statement, Item A.2.b.). Given the proposed soccer facilities may not be used as
frequently as permitted office and commercial uses, approval of these exceptions would be
appropriate.
Signage:
With the approval of Case 87SN0133 signs for the proposed development are required to
comply with the Corridor Overlay District standards relative to signage. Conditions
87SN0133 allow only one (1) freestanding sign, 100 square feet in area, along Route 10 for
purposes of identifying the project and the tenants in the project and prohibits any
freestanding sign along Chippenham Parkway. These standards would still be applicable for
uses approved with Case 87SN0133 however; additional signs are proposed with the current
request. Specifically, an additional fifty (50) square-foot freestanding sign, fifteen (15) feet
in height, is proposed to identify the recreation facility/complex (Textual Statement, Item
A.2.c.i.). Scoreboards and signs advertising goods, services or products would be permitted
within the proposed stadium, arena or soccer complex (Textual Statement, Item A.2.c.ii.).
These signs would comply with current Ordinance requirements relative to size, height and
visibility. (Textual Statement, Item A.2.c.iii.4)
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In addition a changeable copy sign advertising events and participants in events at the
complex may be included in the permitted freestanding sign (Textual Statement, Item
A.2.c.i.). As submitted, this application would allow manual or electrical changeable copy
signs. In addition, the applicant has offered standards for computer-controlled variable-
message electronic signs visible from off of the request site (Proffered Condition 6). The
Electronic Message Sign Policy suggests that such signs be prohibited within the Route 10
Corridor. It should be noted that the Textual Statement requires the sign to be located along
Ridgedale Parkway. The proposal would not comply with the Policy relative to display
color, as discussed herein. Display colors for electronic message centers are limited to
white or yellow, per the Policy. The applicant wishes to have red as an additional color.
Architecture:
Conditions of zoning approval of Case 87SN0133 require that buildings constructed on the
property be similar or complementary in architectural style and materials and have an
overall quality equal to Chesterfield Meadows or Stony Point. The applicant is requesting
this requirement be deleted for any stadium, arena or soccer complex developed on the site.
(Textual Statement, Item A.3) As offered, any soccer complex may include a stadium
enclosed by a bubble-style enclosure. Any previously approved use allowed on the property
would still be subject to the architectural requirements of Case 87S133. Approval of this
amendment would be appropriate for the proposed soccer facility.
Open Space:
Current conditions of zoning require a minimum of 35% of the total site area be maintained
as open space. The applicant has committed to the same provision with this request for any
office or commercial development (Textual Statement, Item A.4.b. and A.5.b.). Case
87SN0133 defines open space as any portion of a site which is not devoted to the building
footprint, parking, drives or other paved areas used exclusively for vehicular purposes.
Included in this request the applicant proposes playing fields for outdoor recreational
facilities, to include those located within stadiums, be included in open space. (Textual
Statement, Item A.4.a.)
If a retail shopping facility develops, along with the recreational uses, there would be no
open space requirement. (Textual Statement, Item B .1.)
CONCLUSION
The proposed land uses conform to the Central Area Plan which suggests the property is
appropriate for regional mixed use uses. In addition, the proposed land uses are representative
of, and compatible with, existing and anticipated area development. However, the proposed
computer-controlled, variable message, electronic sign does not conform to the adopted
Electronic Message Center Policy for such signs.
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Given these considerations, approval, subject to addressing concerns relative to the computer-
controlled variable message electronic sign, is recommended.
CASE HISTORY
Planning Commission Meeting (10/16/07):
The applicant accepted the Commission's recommendation. There was support
indicating the sports fields are needed in the County.
Mr. Litton indicated the proposed changeable copy sign would be located along
Ridgedale Parkway and therefore, not visible from Route 10.
Mr. Gulley indicated he could not support the sign since it violates the policy.
On motion of Mr. Litton, seconded by Mr. Wilson, the Commission recommended and
acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Gecker, Bass, Litton and Wilson.
ABSTENTION: Mr. Gulley.
The Board of Supervisors, on Wednesday, January 9, 2008, beginning at 6:30 p.m., will take
under consideration this request.
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TEXTUAL STATEMENT
October 12, 2007
A. This is a request to amend the current 0 zoning with CUPD on approximately 35.7 acres
of that certain property identified as Tax IDs 774-689-6684 (partial parcel as shown on plat
entitled "Compiled plat showing amended proffers and cupd zoning line for a portion of Parcel
1" filed herewith), 775-689-2972, 775-689-1840, 775-689-8931 (partial parcel as shown on plat
entitled "Compiled Plat Showing Proposed Amended Proffers and CUPD Zoning Lines across
various parcels of Land Lying North of Ridgedale Parkway" filed herewith) (the "Property") to
permit development of an outdoor recreational facility including, but not limited to, a soccer
complex, which may include a stadium and playing fields which may be enclosed by a bubble-
style enclosure, and accessory and related uses subject to the following:
THE FOLLOWING CONDITIONS, IN ADDITION TO THE CONDITIONS OF CASE
NO. 87S133 AS AMENDED HEREIN, SHALL ONLY APPLY TO THE DEVELOPMENT
OF OUTDOOR RECREATIONAL FACILITIES INCLUDING, BUT NOT LIMITED TO,
A SOCCER COMPLEX, WHICH MAY INCLUDE A STADIUM AND PLAYING
FIELDS ENCLOSED BY A BUBBLE-STYLE ENCLOSURE, AN ASSOCIATED
MEDICAL CLINIC, AND ACCESSORY AND RELATED USES (THE "FACILITIES")
AS PERMITTED AND REGULATED PURSUANT TO THE AMENDED CUPD
REQUESTED HEREWITH. TO THE EXTENT SUCH FACILITIES ARE NOT
DEVELOPED, THE CONDITIONS OF CASE NO. 87S133 SHALL CONTINUE TO
APPL Y.
1. Open Space. Any portion of a site which is not devoted to the building footprint,
parking, drives or other paved areas used exclusively for vehicular purposes. Playing
fields for outdoor recreational facilities shall be included in open space, even if such
field(s) are contained within a stadium. (Note: this condition supersedes Textual
Statement Condition 6.2 of Case No. 87S133.)
2. Development Standards. Except as herein provided, the project will comply with the
development requirements established in Article III, Section 21-67.11 through Section
21-67.24 of the Chesterfield County Code (1989) ("Corridor Overlay District"). Under
certain conditions, however, the Planning Commission may, at the Applicant's request,
modify portions of these standards if they feel that the spirit and intent of such standards
are met in the proposed site plans as they are submitted. The following will supersede
the requirements as stated in the Corridor Overlay District:
a. Setbacks adjacent to Chippenham Parkway shall be forty (40) feet in width as
measured from the right-of-way. Setbacks adjacent to Ridgedale Parkway shall
be a minimum twenty-five (25) feet in width as measured from the right-of-way
or property line. The remaining property lines of the Property shall have no
setback requirement. Buildings, drives and parking areas shall not have a
minimum yard or yard setback requirement. (Note: this supersedes Section 21-
67.17 of the Corridor Overlay District.)
This page is blank.
b. Driveways and parking areas shall be constructed with concrete, bituminous
concrete, asphalt or gravel. Curb and gutter shall not be required along the
perimeter of driveways and parking areas. Drainage shall be designed so as not to
interfere with pedestrian traffic. (Note: this supersedes Section 21-67.21(e) of
the Corridor Overlay District.)
c. Notwithstanding Section 21-67.23 of the Corridor Overlay District, the following
shall be permitted:
1. Site Sign. In stadiums, soccer complexes, arenas, or other similar
facilities accommodating sporting events or activities, one free standing
sign, located along Ridgedale Parkway and not exceeding fifty (50) square
feet in total area and fifteen (15) feet in height identifying the facilities,
which may include, as part of or as a second separate sign on the same
structure, a changeable copy sign (as hereinafter defined) identifying
names of events, participants and/or attendees at the facility and other
information related to the facility. The total area of any freestanding sign
may be increased up to 25 percent, so long as the increase is for the
purpose of including changeable copy or a changeable copy sign.
11. Scoreboards and advertising signs. Scoreboards as well as signs
advertising goods, services or products shall be permitted within stadiums,
arenas, soccer complexes or other similar facilities accommodating
sporting events or activities. If a sign is not visible from off the Property,
there shall be no size or height limitation. If a sign is visible from off the
Property, it shall not exceed 64 square feet in area. In addition, it shall be
attached on the interior of a fence or wall enclosing the facility and shall
not exceed the height of the fence or wall. However, where a fence or wall
is not provided, the scoreboard or sign shall not exceed a height of eight
feet. Scoreboards as well as signs advertising goods, services or products
shall not be required to comply with the design concept requirements set
forth in Section 21-67.23(d)(1).
III. Changeable copy signs.
1. Changeable copy signs shall be permitted as set forth herein and on the
exterior wall of any structures located on the Property, including
exterior walls of concession stands and stadiums, and within any
stadiums, arenas, or other similar facilities accommodating sporting
events or activities.
2. A changeable copy sign is a sign whose copy can be changed or
altered by manual or electric, electro-mechanical or electronic means,
except for scoreboards. Changeable copy signs include the following
types:
a. Manual: Signs whose copy can be changed or altered by manual
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means.
b. Electrical: Signs whose copy can be changed or altered on a fixed
display surface composed of electrically illuminated or
mechanically driven changeable segments. Electrical signs include
two types:
1. Fixed message electronic signs: Signs whose copy has been
preprogrammed to include only time, temperature and date, and
do not operate in a flashing, traveling or rolling fashion.
11. Computer controlled variable message electronic signs: Signs
whose copy can be changed or altered by means of computer-
driven electronic impulses.
3. Changeable copy is not permitted, unless the changeable component of
the sign face occupies one-half or less of the total area of the sign face.
This restriction does not apply to changeable copy used on signs
located within a stadium, arena, soccer complex or other similar
facilities accommodating sporting events or activities.
4. If changeable copy is used, it shall abut the sign face or be integrated
into the sign face, provided, however, if the sign is incorporated into a
monument structure, the changeable copy need not abut or be
integrated into the sign face.
(Note: this condition supersedes Textual Statement Condition 7.2 of Case No. 87S133).
3. Architectural Controls. Textual Statement 7.5 of Case No. 87S133 is hereby deleted.
4. Uses - MDO (Medium Density Office):
a. Permitted uses (in addition to those outlined in 8.0 of Case No. 87S 133) shall
include outdoor recreational facilities including, but not limited to, a soccer
complex, which may include a stadium and playing fields which may be enclosed
by a bubble-style enclosure, and accessory and related uses.
b. The minimum Open Space requirement on the Property shall be thirty-five (35)
percent.
c. The maximum building height on the Property shall be six (6) stories.
(Note: this condition supersedes Textual Statement Condition 8.3 of Case No. 87S 133).
5. Uses - CR (Community Retail):
a. Permitted uses (in addition to those outlined in 8.0 of Case No. 87S133):
i. all uses allowed in the B-1, Convenience Business District;
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11. savings and loan or bank, including uses with drive-up windows;
III. gas station;
IV. department store;
v. print shops;
VI. dry cleaners, including uses with drive-up windows;
VII. restaurants, including uses with drive-up windows; and
VIII. outdoor recreational facilities including, but not limited to, a soccer
complex, which may include a stadium and playing fields which may be
enclosed by a bubble-style enclosure, and accessory and related uses.
b. The minimum Open Space requirement on the Property shall be thirty-five (35)
percent.
c. The maximum building height on the Property shall be five (5) stories.
(Note: this condition supersedes Textual Statement Condition 8.4 of Case No. 87S 133).
6. Food Produced On Site. Notwithstanding Section 21-152(b) of the applicable 0 Zoning
Ordinance, food may be produced on site for retail sale from concession stand(s).
7. Uses Not Within Enclosed Buildings. Notwithstanding Section 21-152(c) of the
applicable 0 Zoning Ordinance, the uses as permitted in this rezoning request shall not be
required to be within enclosed buildings.
8. Deletions. Sections 21-152(a) and 21-152(d) of the applicable 0 Zoning Ordinance are
hereby deleted.
B. This is a request to amend the current 0 zoning with CUPD on approximately 16.9 acres
of that certain property identified as Tax IDs 775-689-8931 (part), 776-688-0199 and 776-688-
5379 (the "Property") subject to the following:
THE FOLLOWING CONDITION, IN ADDITION TO THE CONDITIONS OF CASE
NO. 87S133 AS AMENDED BELOW, SHALL ONLY APPLY TO THE DEVELOPMENT
OF A RETAIL SHOPPING FACILITY SHOULD THE ADJACENT FACILITIES
(REFERRED TO IN SECTION A. ABOVE) BE DEVELOPED. TO THE EXTENT
SUCH ADJACENT FACILITIES ARE NOT DEVELOPED, THE CONDITIONS OF
CASE NO. 87S133 SHALL CONTINUE TO APPLY.
1. Open Space. No open space shall be required. (Note: this condition supersedes Textual
Statement Condition 8.4 of Case No. 87S133.)
UKROP'S SUPER MARKETS, INC.,
a Virginia corporation, and
PHOENIX UNION, L.L.C.,
a Virginia limited liability company
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By:
Jeffrey P. Geiger, Attorney-in-Fact
Date: October 12, 2007
#1418335 v3 033595.00001
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