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HomeMy WebLinkAbout90-23 BEFORE THI 'OWN COUNCIL OF THE TOWN O DANVILLE In the Matter of: Approving Preliminary and ) Ordinance No. 90-23 Final Development Plan; bas ) Homes; Planned Unit ) Development District and Amending ) the Zoning Map of the Town ) ) The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the Preliminary and Final Development Plan for this 16.2 ± acre parcel located on the south side of Camino Tassajara, approximately one-half mile east of Crow Canyon Road (Assessor's Parcel Number: 206-020-057) as shown on the attached Attachment A is revised as a Planned Unit Development District. Rezoning is based upon the findings and conditions contained in Attachment B. SECTION 2. Zoning Map. The zoning map of the Town of Danville is amended accordingly. SECTION 3. Publication. The City Clerk shall either a) have this Ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this Ordinance published twice in a newspaper of general circulation once five days before its adoption and again within 15 days after adoption. SECTION 4. Effective Date. This ordinance becomes effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the Town of Danville held December 4, 1990 and was adopted and ordered published at a meeting of the Council held on January 2, , 199 1, by the following vote: AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY NOES: NONE ABSTAIN: NONE ABSENT: NONE ~~.~ t~ ~ MAYOR ATTEST: A~VE~ FORMs> CITY CL RKf ATTO Y agpz2 PAGE 1 OF ORDINANCE 90-23 RESOLUTION 90-62 PUD 90-7, SD 7604 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANV;t.T.E APPROVING/DENYING WHEREAS, bas Homes Inc. has requested approval of a Final Development Plan and a Vesting Tentative Map for a 65 unit Single Family Residential Development on a 16.2(gross) acre site; and WHEREAS, the subject site is located on the southside of Camino Tassajara, west of Rassani Dr., and is identified as Assessor's Parcel Number 206-020-057; and WHEREAS, the Town of Danville Subdivision and Planned Unit Development District Ordinances require approval of a Final Development Plan and Tentative Subdivision Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 27, 1990; and WHEREAS, the proper notice of this request was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville recommends the grant of a Negative Declaration of Environmental Significance and approval of the Final Development Plan PUD 90-7 and Vesting Tentative Map SD 7604 per the conditions contained herein, and makes the following findings in support of the Final Development Plan - Rezoning: 1. The proposed Planned Unit Development is consistent with the Danville 2005 General Plan; 2. The residential development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the 1 surrounding neighborhood and community; 3. The development will mitigate off-site traffic and drainage impacts through the assurance of off-site improvements in a manner acceptable to the Town; 4. The previously certified EIR prepared for the Dougherty Road Area General Plan Amendment fully discussed potential impacts associated with development of the Tassajara Ranch Property satisfying the requirements of the California Environmental Quality Act based on the following specific findings. a. Contra Costa County adopted findings regarding the Environmental Impact Report through adoption of the Board of Supervisors Resolution 85/133 and Planning Commission Resolution 47-1984 (SR) including mitigation measures for the project, b. Pursuant to these mitigation measures, additional studies related to soils and geology, and traffic have been completed identifying specific mitigations, and c. Use of the prior EIR as a "Program EIR" is appropriate based on the following: (1) that feasible mitigation measures and alternatives developed in the EIR for the Dougherty Road Area General Plan Amendment have been incorporated; (2) that subsequent changes in the project including relocating the proposed community park site do not require important revisions of the prior EIR; (3) that there has not been substantial changes with respect to the circumstances under which the project is undertaken which require important revisions of the prior ELR; and (4) no new information of substantial importance to the project has become available which would require an additional ELR. The Town of Danville hereby finds as follows in support of the Vesting Tentative Subdivision Map: 1. The proposed map is consistent with the Danville General Plan and is consistent with the Revised Final Development Plan for the project; 2. The design and improvements of the proposed subdivision is consistent with the Danville 2005 General Plan, will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife; PAGE 2 OF RESOLUTION NO. 90-62 3. The design of the subdivision or type of improvements is not likely to cause serious public health problems; 4. The site is physically suitable for the proposed density of development; 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior to recordation of final map for the project. Each item is subject to review and approval by the Planning Deparis,,ent unless otherwise specified. GENERAL 1. This approval is for a single family residential development containing a maximum of 73 lots encompassing approximately 13.1 acres (net). The subject site is identified as Assessor's Parcel Number 206-020-057. This approval shall expire one year from the date of approval by the Danville Town Council. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Vesting Tentative Map for Subdivision 7604 prepared by DK Associates dated received November 21, 1990. b. bas of Danville drawings consisting of 5 sheets, prepared by Omega Architectural Group dated received October 4, 1990. c. Conceptual Landscape Plan for bas of Tassajara II pedestrian trail prepared by Majors Engineering, Inc. d. Conceptual landscape plan for entries and front yards prepared by Robert Mowat Associates and dated November 21,1990. 2. The developer shall pay any and all Town and other related fees that the PAGE 3 OF RESOLUTION NO. 90-62 property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured. Notice should be taken specifically of the Park Dedication Fee (to be collected upon issuance of building permits), the Child Care Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. 3. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of October 29,1990. 4. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped, the Town Planning Deparianent notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. 5. Construction and grading operations, delivery of construction materials, and warming up of grading and construction equipment shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. 6. If the developer intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address off-site improvements erosion control, and project grading and drainage to be installed in conjunction with each phase. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 7. Except as provided for within these conditions of approval, land use regulations pertaining to this property shall be as provided under the R-6; PAGE 4 OF RESOLUTION NO. 90--62 Single Family Residential District. B. SITE PLANNING 1. All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. 2. A portion of Parcel A from the Camino Tassajara right of way to the southern edge of the Flood Control access road shall be granted in fee title to the Contra Costa County Flood Control District. The remainder of Parcel A shall be owned and maintained by the project Homeowners Association. The granting of fee title for that portion of Parcel A and Homeowners Association ownership of the remainder of Parcel A shall be indicated on the initial Final Map for the project. 3. Parcels B shall be transferred to the owners of the adjacent westerly parcels 0.e.,lots in SD 7134 project). Said transfer shall be by an instrument acceptable to the City Engineer. 4. Parcel C shall be owned and maintained by the homeowner's association for the subject subdivision. 5. An easement shall be established on the instruments of transfer for Parcel B which prohibits the construction of structures, other than fences, and grading on the area transferred. 6. A pedestrian trail shall be developed within Parcel C to provide a link between the subject subdivision and Subdivision 7135. The trail shall extend from southeastern "knuckle" adjoining Lot 29 and shall follow a southeasterly direction within Parcel C. The design of the trail shall be coordinated with the developers of Subdivision 7135. The trail shall extend to Cloverbrook Drive. A final trail plan shall be submitted in conjunction with the final landscaping plans for review and approval of the Planning Division. The trail shall be located no closer than ten feet to a property line adjoining a residence, except at the trail connection to the loop road of the subject subdivision. The trail shall be a minimum of six feet wide and shall be constructed of concrete or asphalt. If asphalt is used, edge boards shall be provided on each side. A three foot wide band of turfblock or similar material shall be provided along one side of the trail to provide sufficient width for maintenance vehicles. The trail shall also serve as emergency PAGE 5 OF RESOLUTION NO. 90-62 vehicle access to the satisfaction of the San Ramon Valley Fire Protection District. Bollards shall be installed at the entrance to the trail to prevent unauthorized vehicular access. 7. A pedestrian access easement shall be recorded within the trail area to allow public use of the trail. 8. The location and means of screening ground-mounted air conditioning units shall be subject to review and approval by the Planning Depacanent. 9. A minimum of seven and a maximum of eight lots shall be converted to accommodate attached duplex units. Parcels 29, 30, 33, 43, 44, 54, and 65, at a minimum, shall be developed to receive duplex units. Additional or alternate lots where duplex units may be utili ed are proposed shall be subject to review and approval by the Planning Division. The final lot layout shall be approved by the Chief of Planning and reflected on the Final Map for the project. In no case shall the total project density exceed 73 units. If only seven lots are converted (14 duplex units), The unit count for the single family detached portion of the project shall be reduced to 57 lots, for a total of 71 lots in the project. If eight lots are converted (16 duplex units), the unit count shall be 57 single family detached units and a total of 73 lots in the project. If the final lot layout approved by the Chief of Planning does not contain duplex units, the maximum density in the project shall be 53 detached single family lots. 10. The applicant shall develop an agreement which will limit the sale price of the duplex units to a total which does not exceed the upper limit of the "moderate" income housing range for a four person household, as established by ABAG and HUD. The agreement shall specify the maximum income of the buyers, regulate terms of occupancy, resale or any other restriction deemed necessary to provide "more affordable"-duplex units within the project for the first five (5) years. The formal agreement between the developer and the Town shall be subject to review and approval of the City Attorney and the Chief of Planning and shall be approved by the Town Council prior to approval of the initial Final Map for the project. C. LANDSCAPING PAGE 6 OF RESOLUTION NO. 90-62 1. Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Deparhiient. The plan shall include common names of all plant materials. The landscape plan and irrigation plans shall address the following planting areas- Front Yards: The landscape design shall be compatible with the landscaping utilized for Subdivision 7136. Side Yards: Side yards which adjoin a street shall be landscaped in a manner compatible with the landscaping utili ed for Subdivision 7136. Parcel C: The slope areas shall be planted with hardy, low- maintenance plant materials, including trees. A minimum of one tree shall be provide per 1000 square feet of landscape area. Dense shrubs shall be installed between the pedestrian trail and residential properties. Low level security lighting shall be installed along the entire length of the trail. A security fence shall be installed between the trail and the properties to the east. Landscaping along the trail shall be coordinated with the design utilized on Subdivision 7135. Parcel A: The landscape design for the portion of Parcel A to be owned and maintained by the Homeowners Association shall include three trees per abutting lot (i.e., lots 1-8). Additional plant materials shall be established on the 2:1 slope south of the retaining wall to be constructed along the CCFCD maintenance road. The plan shall also contain additional tree planting at the rear of lots 1-8. Camino Tassajara: Landscaping within Camino Tassajara median, parkway and the required landscape easement shall be consistent with the Sycamore Valley Specific Plan Area. The plan is subject to review and approval by the Planning, Engineering, and Maintenance Depari~i~ents. PAGE 7 OF RESOLUTION NO. 90-62 Slopes: All slopes shall be landscaped with hydroseeding. 2. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Trees in common landscape areas shall he provided with a drip irrigation system which may be abandoned when the trees have been established. 3. All trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. 4. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. 5. A landscape easement shall be dedicated to the Town of Danville (30 feet minimum width) abutting the Camino Tassajara frontage. This project shall participate in a 1972 Act Landscape and Lighting Maintenance District. 6. The developer shall submit a comprehensive fence and wall plan for review and approval by the Planning Division prior to issuance of building permits. The plan shall show the type, height, and location of all walls and fences and shall comply with the following requirements: Camino Tassajara: The developer shall install a masonry architectural sound wall along the northerly property line of Lots 1 through 7. The wall shall also extend along the western perimeter of Lots 8 & 9. The wall shall transition to Lot I of Subdivision 7136. The wall shall be compatible with the design of the walls along Camino Tassajara within the Sycamore Valley Specific Plan Area and the wall established in SD 7136. Street side fences: Side yard fences or walls adjacent to streets shall be setback a minimum of 10 feet from the back edge of the sidewalk. Where the side fence adjoins the front yard of a unit, the side fence shall be setback a distance sufficient to allow adequate visibility of the street from the driveway of the adjoining lot. PAGE 8 OF RESOLUTION NO. 90-62 D. ARCHITECTURE 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. 2. The street numbers of all residences shall be posted so as to be easily seen from the street at all times, day and night. 3. A comprehensive sign program shall be submitted to the City for consideration under a separate sign review application for any proposed project signage. 4. Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Division for review and approval. 5. A comprehensive unit plotting plan for each phase of development shall be submitted for review and approval by the Planning Deparuiient prior to issuance of building permits. The units shall comply with the following setback and plotting requirements: a. Setback and plotting requirements shall be as established R-6; Single Family Residential District standards, except as may be modified herein. b. The front setbacks shall be staggered a minimum of 5 feet between adjacent units. Minimum front setbacks shall be 18 feet. Front yard setbacks for duplex units may be reduced to 15 feet if that portion of the building does not exceed 50% of the length of the wall within which it is contained. A minimum of six Plan 1530 units shall be interspersed throughout the project to provide streetscape variety. If no duplex units are developed in the project, two additional Plan 1530 units shall be utili ed. PAGE 9 OF RESOLUTION NO. 90-62 c. Two-story gable ends shall in all cases abut an adjacent one story element. d. A minimum of 20 foot X 45 foot of usable rear yard area shall be provided for each single family detached unit. The usable rear yard area shall not include slopes Jr minimum 20 foot of useable rear yard shall be provided for the duplex units. e. If the side slope between lots exceeds five feet in height (based on building pad elevations), the setback from the bottom of the slope shall be five feet and the setback from the top of slope shall be ten feet. f. Designs for duplex units shall be architecturally compatible with the remainder of the development and shall be approved by the Design Review Board. E. GRADING 1. If grading work is required off-site of the subdivision, grading on adjacent properties requires written approval of those property owners affected. Written approval shall be submitted to the City Engineer. The Town will not authorize the use of eminent domain powers for off-site grading work. 2. Areas undergoing grading, and all other construction activities shall be watered, or treated with other dust control measures to prevent dust. These measures shall be approved by the Chief Building Official and employed at all times as conditions warrant. 3. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of buildings. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. PAGE 10 OF RESOLUTION NO. 90-62 The development shall comply with the recommendation contained within the Preliminary Geologic Study prepared by Hallenbeck and Associates, dated September 26, 1989. 4. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 5. The grading plan submitted to the Town of Danville for grading permit shall reflect all proposed work and improvements within Parcel 3~ F. STREETS 1. The developer shall obtain an encroachment permit from the Engineering Depariai~ent prior to commencing any construction activities within any public right-of-way or easement. 2. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall which may be required to be installed shall be subject to review and approval by the Police Depatia,ient. 3. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. 4. Handicapped ramps shall be provided and located as required by the City Engineer. 5. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer at full expense to the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 6. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standards PAGE 11 OF RESOLUTION NO. 90-62 established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property 7. The developer shall participate in the Crow Canyon Road Extension Fee Benefit Area in accordance with City's Joint Exercise of Powers Agreement with County dated February 10, 1987 and any subsequent actions in furtherance thereof. Developer shall pay to Town the Fee Benefit Area fees prior to the approval of a final map. The developer shall pay the Fee Benefit Area fees in effect at the time of approval of a final map and said fees shall be deposited into a separate account entitled "Crow Canyon Road Extension-Area of Benefif' (Account No. 076-000.000-003.019) for transfer to County and reimbursement to Blackhawk. If the amount of the reimbursement to the Crow Canyon Extension Fee Benefit Area is increased beyond $1920, the $ 5377 average dwelling unit fee is increased by an amount equal to the increase of the reimbursement fee over $1920. The remaining portion of the fee after transfer to the County shall be used for other Circulation-related improvements within the Cities of Danville and San Ramon and the County including the grading and drainage costs associated with realignment of the Bettencourt curve. Pursuant to Government Code Section 53077.5, the Town of Danville has established a proposed construction schedule and separate account numbers for all improvements to be made. 8. Conditions of this approval require the payment of a traffic mitigation fee on a per unit basis to be used for construction of certain roadway improvements within the Town of Danville, the City of San Ramon and unincorporated portions of Contra Costa County, with the specific intent of maintaining a minimum level of service 'D' traffic condition will be maintained at all locations within Danville where traffic improvements are to be funded by the above cited traffic mitigation fees. If this level of service is exceeded at the locations described above, no further Final Maps shall be recorded until the programmed improvement is completed or financially assured. The developer may at his option accelerate payment of the traffic mitigation fees in order to provide the Town with the necessary funding to construct the improvements. PAGE 12 OF RESOLUTION NO. 90-62 G. INFRASTRUCTURE 1. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. 2. Sewer disposal service shall be provided by the Cenwal Conwa Costa Sanitary Diswict in accordance with the requirements of the District. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. 4. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. 5. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. 6. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. 7. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. 8. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 9. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. 11. The developer shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. PAGE 13 OF RESOLUTION NO. 90-62 12. All utilities required to serve the development shall be installed underground. 13. All public improvement plans shall be prepared by a licensed civil engineer. 14. The project lies within County Drainage Area 101A~ The developer shall pay a drainage fee of $0.20 per square foot of impervious surface. 15. The developer shall notify the Department of Fish and Game, (P.O. Box 47, Yountville, CA 94599) and the US Army Corps of Engineers (211 Main St San Francisco CA 94105 -1905) of any proposed construction project that may affect streams in accordance with Section 1601 and/or 1602 of the Fish and Game Code. If the subdivision is subject to requirements of the Depa,:hnent of Fish and Game, the developer shall submit with the Project Improvement Plans a letter from the Deparh~ient of Fish and Game which indicates the Department's requirements. Requirements by the Department of Fish and Game shall be noted or shown on the construction plans. H. MISCELLANEOUS 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Chief of Planning. Any other change will require Planning Commission approval through the Development Plan review process. 2. Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. 3. This project shall be annexed into the homeowner's association established for Subdivisions 7132, 7133, 7134, 7135 and 7136. Homeowners within the subject project shall have full access to all active recreation facilities available to homeowners of the previously cited subdivisions. PAGE 14 OF RESOLUTION NO. 90-62 4. Based upon mitigation measures contained in the aforementioned EIIL the developer shall prepare and submit an acoustical study addressing noise impacts generated by Camino Tassajara prior to approval of the Final Map. The study is subject to review and approval of the Planning Division. The developer shall comply with the recommendations contained in the study. APPROVED by the Danville Planning Commission at a Regular Meeting on November 27, 1990 by the following vote: AYES: Hendricks, Hirsch, Hughes, Hunt, V'fihauer, Frost NOES: ABSENT: Wright ABSTAINED: Chairman Chi P. anning %..a APPROVED AS TO FORM: pgpz2 PAGE 15 OF RESOLUTION NO. 90-62 DANVILt =' PLANNING DEPARTI~, ~ _~.NNI~~t COMMISSION EXHIBI¥ / · ~'" %- ~;,; .~J ,o.°4°~ ~, ~"~"-Ib~ ~. ---I ' .":.~ x_..,.-t-'c %~ ~.&~ I ,- ' ~ - · ' ~r"~ ,'~'~r~-- '',. 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