Waiver Requests



HM Acquisition Group LLC, (“Applicant”), owners of Hollymead Town Center – Area A (ZMA-05-0015) submits this request for 16 waivers or modifications of the Zoning Ordinance.  Sections of the ordinance have been copied into the report for the Commissioner’s reference. The language from the Zoning Ordinance will be found in italics, with the Applicants request with reference to the Code of Development in bold.



4.11.1 Covered porches, balconies, chimneys, eaves and like architectural features may project not more than four (4) feet into any required yard; provided that no such feature shall be located closer than six (6) feet to any lot line. (Amended 9-9-92)


The request is to allow for the following features to extend beyond the build-to line in the front of houses up to five (5) feet with a one (1) foot minimum distance setback from the right-of-way:  porches, porch stairs, decks, balconies, bay windows, entrance stoops, planters, chimneys, and other similar structures.  Alternate standards are contained in The Code of Development (Built Form Standards – Lot and Building Height Regulations, Section 3, page 20).



4.12.6  Except when alternative parking is approved as provided in section 4.12.8, the following schedule shall apply to determine the number of required off-street parking spaces to be provided in a particular situation.  If a particular use is not scheduled, then section 4.12.7 shall apply.


The request is to allow the application of the parking schedule for shopping centers (200,000 – 600,000 sq. ft.), 4.5 spaces per 1,000 square feet gross leasable floor area, to be the standard schedule for all non-residential square footage in the NMD as per Table H in the Code of Development.



4.12.9 Street and alley parking may be provided as follows:

a. Street parking consists of parking spaces located in a public or private right-of way. Each parking space that is in a public or private right-of-way abutting the lot shall count as a parking space for the purpose of meeting the minimum parking space requirements in sections 4.12.6 and 4.12.7. Each parking space shall be on a paved area abutting the travelway, and if the parking space is in a public right-of-way it shall not be prohibited by the Virginia Department of Transportation.


This section mandates that required on-street parking must abut the property it serves. The waiver request of Section 4.12.9 in accordance with Section 8.2 is to allow the use of on-street parking and alley parking to support the more compact Neighborhood Model format.  Waiving this section would allow for parking that may not abut the lot toward which on-street parking counts.  In a “pedestrian friendly” community this would allow for a more compact arrangement of buildings in any given area.  The Code of Development (Parking Standards, Section 4, page 32) illustrates an alternative standard.


4. Section 4.12.13 LOADING AREAS (a, c, & e)

a. Loading spaces shall be provided on the same lot with the use to which it is appurtenant and shall be adjacent to the structure it serves.


c. Loading spaces shall be provided in addition to and exclusive of any parking requirement on the basis of: (1) one (1) space for the first eight thousand (8,000) square feet of retail gross leasable area, plus one (1) space for each additional twenty-thousand (20,000) square feet of retail gross leasable area; (2) one (1) space for the first eight thousand (8,000) square feet of office space plus one (1) space for each additional twenty thousand (20,000) square feet of office space; or (3) one (1) space for the first ten thousand (10,000) square feet of industrial floor area plus one (1) space for each additional twenty thousand (20,000) square feet of

industrial floor area.


e. Each site plan that depicts a commercial or industrial building of four thousand (4,000) gross square feet or more shall provide a dumpster pad that does not impede any required parking or loading spaces, nor any pedestrian or vehicular circulation aisles.


A waiver of this section would provide non-residential uses in a more traditional or new urbanist development form.  In the Code of Development (Section 4, page 34) illustrates an alternative standard.



A.1 Off-site signs may be authorized by special use permit within any zoning district


The applicant would like to allow for directory signs containing two or more businesses off-site from the lot where the business is located but within Hollymead Town Center.  All other regulations for off-site signs shall apply to the district.  The maximum size of off-site signs shall not exceed 24 square feet and such freestanding signage shall not exceed 12 feet in height without a special use permit.  The Code of Development (Section 5, page 35) establishes an alternative standard.


6. Section 4.15.5.a.3: Signs in public rights-of-way.

A.3 Signs in public rights-of-way; provided: (1) the subdivision or planned development to which the sign pertains abuts the public right-of-way; (2) the sign is either a subdivision sign or a sign identifying a planned development authorized by sections 19.0, 20.0, 25.0, 25A, and 29.0; (3) the freestanding sign regulations, other than setback regulations, applicable to the lot with the use to which the sign pertains shall apply; and (4) if the sign is located within an entrance corridor overlay district, a

certificate of appropriateness is issued by the architectural review board.


The Code of Development (Section 5, page 35) establishes an alternative standard for signs to be permitted in public right of ways per County Engineer and VDOT approval


7. Section 4.15.11 – Signage setbacks

The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD) and Neighborhood Model (NMD) zoning districts:


Sign Type

Number of Signs Allowed

Sign Area               (Maximum)

Sign Height               (Maximum)

Sign Setback               (Minimum)


1 or more per establishment, as authorized by zoning administrator

24 square feet, aggregated

6 feet

5 feet


1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage

24 square feet, aggregated: if more than 1 sign, no single sign shall exceed 12 square feet

12 feet

5 feet


1 per street frontage

24 square feet

30 feet, but not to exceed the top of the fascia or mansard

Not applicable







1 per street frontage per establishment

24 square feet

12 feet, if freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard

5 feet


as calculated pursuant to section 4.15.20

1 sf per 1 linear foot of establishment structure frontage, not to exceed 32 sf if residential wall sign, or 100 sf if non residential wall sign

20 feet, but not to exceed the top of the fascia or mansard

Same as that applicable to structure


This section applies a five-foot setback from the right of way for signs.  Such restrictions may conflict with the Neighborhood Model streetscape design. In addition, all right of ways in Area A will have a six -foot planting strip and five-foot sidewalk and will extend at least one foot beyond the sidewalk. Therefore signage would be at least 12 feet from any curb. As per The Code of Development (Section 5, page 35) we request that the setbacks established for signs from the right-of-way be reduced so long as the location is approved by VDOT and the County Engineer. 


Recreation Regulations (Section 4.16.2 and


8. Section 4.16.2

This section applies standard regulations for recreational amenities for various development forms and density. Due to its length, this section has not copied it into the body of this report.


The Code of Development (Section 2, pages 15) is specific as to where, how large, and what fixtures will be included in the amenity and open space areas. This includes a central plaza, a linear park, a greenway, series of pocket parks, trails, and a clubhouse with a pool.  Waiving 4.16.2 eliminates any potential and unforeseen conflicts between the minimum recreational facilities established in this section and the standards established in the Code of Development.



4.17.4.B.1  Each parcel, except those containing only one or more single-family detached dwellings, shall comply with the following: (Added 10-17-01)


1.      The spillover of lighting from luminaries onto public roads and property in residential or rural areas zoning districts shall not exceed one-half (1/2) foot candle.  A spillover shall be measured horizontally and vertically at the property line or edge of right-of-way or easement, whichever is closer to the light source. (Amended 10-17-01).


The Code of Development (Section 5, page 35) establishes street lighting standards, as well as modifications where deemed necessary.  We request that this section be waived because it does not support a more compact development form required by the Neighborhood Model within the Hollymead Town Center.



5.1.16  Each swimming, golf or tennis club shall be subject to the following:

a. The swimming pool, including the apron, filtering and pumping equipment, and any buildings, shall be at least seventy-five (75) feet from the nearest property line and at least one hundred twenty-five (125) feet from any existing dwelling on an adjoining property, except that, where the lot upon which it is located abuts land in a commercial or industrial district, the pool may be constructed no less than twenty-five (25) feet from the nearest property line of such land in a commercial or industrial district; b. When the lot on which any such pool is located abuts the rear or side line of, or is across the street from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be erected or planted, so as to screen effectively said pool from view from the nearest property in such residential district;

c. (Repealed 6-14-00)

d. The board of supervisors may, for the protection of the health, safety, morals and general welfare of the community, require such additional conditions as it deems necessary, including but not limited to provisions for additional fencing and/or planting or other landscaping, additional setback from property lines, additional parking space, location and arrangement of lighting, and other reasonable requirements;

e. Provision for concessions for the serving of food, refreshments or entertainment for club members and guests may be permitted under special use permit procedures.


The required distance identified in this section for the location of neighboring lots (75 feet) would dictate a more suburban development for the club.  We request that this section be waived because it does not support a more compact development form required by the Neighborhood Model. The club will be located close to neighboring residential lots as an integral neighborhood feature, however will not be located within 125 feet of any existing property line not associated with Area A2.  Further, we would like to allow for concessions to be allowed without a special use permit.




The applicant requests to waive this requirement.  A traffic impact analysis has been conducted as part of the Hollymead Town Center Master Plan and Places 29 traffic modeling.




21.7.2  Adjacent to residential and rural areas districts:  No portion of any structure, excluding signs, shall be located closer than fifty (50) feet to any residential or rural areas district.  (Amended 7-10-85: 7-9-92)


21.7.3  Buffer Zone adjacent to residential and rural areas districts:  No construction activity including grading or clearing of vegetation shall occur closer than twenty (20) feet to any residential or rural areas district.  Screening shall be provided as required in section 32.7.9 (Amended 9-9-92)


A waiver of these sections is requested to address the presence of a small parcel of land zoned RA which is part of Area B located on the west side, and abutting Block D of Area A-2 Neighborhood Model District.  It is also requested where Blocks A-1 and B-3 abut TMP 32-51 and TMP 46-4.


13.  Section Screening The following requirements shall apply to screening:

a. When required, screening shall consist of a planting strip, existing vegetation, a slightly opaque wall or fence, or combination thereof, to the reasonable satisfaction of the agent. Where only vegetative screening is provided, such screening strip shall not be less than twenty (20) feet in depth. Vegetative screening shall consist of a double staggered row of evergreen trees planted fifteen (15) feet on center, or a double staggered row of evergreen shrubs planted ten (10) feet on center. Alternate methods of vegetative screening may be approved by the agent. Where a fence or wall is provided, it shall be a minimum of six (6) feet in height and plantings may be required at intervals along such fence or wall. (, 7-10-85; Amended 5-1-87)

b. Screening of parking lots shall not be counted toward the interior landscaping requirement. When screening is required along the frontage of public streets, the agent shall determine if the street tree requirement has been met. (, 7-10-85)

c. Screening shall be required in the following instances:

1. Commercial and industrial uses shall be screened from adjacent residential and rural areas districts. (, 7-10-85)

2. Parking lots consisting of four (4) spaces or more shall be screened from adjacent residential and rural areas districts. (, 7-10-85; Amended 5-1-87)

3. Objectionable features including, but not limited to, the following uses shall be

screened from adjacent residential and rural areas districts and public streets:

- loading areas, refuse areas, storage yards, detention ponds, recreational facilities determined to be of objectionable character by the agent other than children's play areas where visibility is necessary or passive recreation areas where visibility is desirable. (, 7-10-85; Amended 5-1-87)

4. Double frontage residential lots shall be screened between the rear of the residences and the public right-of-way when deemed appropriate by the agent. (, 7-10-85; Amended 5-1-87)

5. The agent may require screening of any use, or portion thereof, upon determination that the use would otherwise have a negative visual impact on a property listed on the Virginia Historic Landmarks Register. (, 7-10- 85; Amended 5-1-87)


We request that screening requirements be replaced with the standards in the Code of Development (Section 5, page 36).  For all other objectionable features internal to the site, screening will be dictated by standards established by the developer, but not included in the Code of Development.


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