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0 1. 3 Pg. 2 of 4-Village of Cumnock, LLC HCCZD Application 2011 -1001 The applicant is requesting to rezone the property to the Village of Cumnock, LLC Highway Commercial Conditional Zoning District (Type 2). The Highway Commercial (HC) district is established to accommodate uses that depend upon a large flow of traffic and convenient access, such as the retailing of merchandise and professional and business services. The HC district requires a minimum building setback of 10 feet from a public street right -of -way, 0 feet from a rear property line and 0 feet from all side property lines. As proposed, the development of the property will be subject to the dimensional and density regulations of the Highway Commercial district. The Conditional Zoning District Type 2 is defined as a conditional zoning district created for the purpose of allowing a property owner to place additional conditions upon an existing, equivalent conventional, general use zoning district. Conditional Zoning District Type 2 would be the preferred zoning approach if a petitioner desired to (a) to reduce or narrow the number of permitted uses and/or (b) impose higher level design standards than that which exists within an equivalent general use zoning district. Conditional Zoning District Type 2 would also be practical in situations where a petitioner desires to install or construct additional buffers or other physical features that would serve to increase the protection afforded neighboring properties and/or the appearance of the proposed development. The application shall include a Site Plan and detailed narrative text that specifies the conditions that will govern the development and use of the property. If approved, only the uses as listed in the application would be allowed and the site would be required to be developed in accordance with the design illustrated on the site plan. Please note that the site plan submitted is a concept plan. Therefore if the property is rezoned a condition should be placed on the approval stating that a detailed site plan will be required to be approved by the Board of Commissioners in the saute procedurd manner as this public hearing prior to a development permit. Any conditions so authorized by the Boards and accepted by the applicant shall be perpetually binding upon the property, the original applicants, their heirs, successors, and assigns. Land Uses Proposed for the Village of Cumnock LLC Highway Commercial Conditional Zoning Distrito As proposed, the applicant is requesting that all uses currently permitted in the Highway Commercial zoning district (see HC permitted use list attached) be allowed with the exception of the following uses: • Landfills, LCID (2 acres or less in size); • Landfills, C & D or LCID (greater than 2 acres in size); and • Tattoo Parlor/Tattoo Studio and /or Body Piercing The applicant is also proposing to prohibit the following uses in the event the UDO is amended to allow such uses in the Highway Commercial zoning district: • Adult establishments; and • Landfills, Solid waste or C & D (2 acres or less in size) Design Considerations for Village of Cumnock Highway Commercial LLC Conditional Zoning District In addition to the development standards required in the Highway Commercial zoning district, the applicant proposes the following Conditions to the Rezoning Request: • "A 300 -foot buffer shall be maintained on the Property adjacent to the Deep River. • A forty -foot greenway trail easement within the 300 -foot buffer along the Deep River for the Deep River State Trail. 2 of4 /d---