DEVELOPMENT CRITERIA GREENBRIER, ZONE 5, SECTION D (REVISED JANUARY 7, 2011)

1. GENERAL: DEVELOPMENT CRITERIA GREENBRIER, ZONE 5, SECTION D (REVISED JANUARY 7, 2011) These Criteria provide more specific guidelines for the development of Section D of Zone 5 than The Greenbrier Planned Unit Development General Guides and Standards, a copy of which is attached and made a part hereof. Reference to them may be made subsequently as the General Guides for short. Special designs may permit deviation from these Criteria. However, any such variance shall be expressly noted on the Preliminary Site Plan or Subdivision Plan, e.g., Minimum rear yard = 15' (vs. 20' in Dev. Crit.), and shall be granted only by the express approval of the Planning Commission. These Criteria shall govern parcels given Preliminary Plan approval on or after July 27, 1983. 2. USES: Section D is comprised primarily of residential land uses oriented around major recreation elements-greenbrier Lake, Canal D, and the northern nine holes of the Golf Course. Listed below are the Parcels in this Section, along with their land use categories: PARCEL NAME USE CATEGORY 1 River Birch Square C Commercial(Community Shopping) 1A GB(M) 10 01 C Commercial(Community Shopping) 2 Heather Point M Medium Density Residential 3 Unity Renaissance Church RC Religious Center (Church) 4 Bayberry Place/Woods/Forest L Low Density Residential 5 Logan s Mill LC Low/Cluster Residential 6 The Birches M Medium Density Residential 6 Woodgate Commons LM Low/Medium Residential 6 Alta Reserve/Empirian Chesapeake, M Medium Density Residential GB(M) 02 01 6 Streets of Greenbrier,GB(M) 07 03 X Mixed Use 7 Ashley Woods LC Low/Cluster Residential 8 ---- L Low Density Residential 9 ---- L Low Density Residential 10 ---- L Low Density Residential 11 ---- Golf Course 12 Greenbrier Intermediate School E Education Elementary School Permitted Uses in Parcel 1 ( C" - River Birch Square) shall be those office, retail commercial and related uses in the O&I, B-1 and B-4 B-2 Districts described in the Chesapeake Zoning Ordinance. Permitted Uses in parcel 1A ( C and/or H River Birch Square) shall be those office, retail commercial and related uses in the O&I, B-1 and B-2 and/or RMF-2 Districts described in the Chesapeake Zoning Ordinance. A An

Page 2 expanded use table for that property associated with the exclusive benefit of that property associated with GB(M)-07-03 and GB(M)-10-01 is incorporated attached for the development of that property. Two-story garden apartments or a similar use is anticipated for Parcel 2. Parcel 3 has been sold for development as a church site. Parcel 4, the Bayberry area, is a community of single-family detached homes on lots 8,000-12,000 square feet and larger (but averaging not less than 10,000 square feet) or lots conforming to all the requirements of conventional R-10s zoning, and Parcels 6, 8, 9, and 10 will be similar. Parcels 5 and 7 (Logan s Mill and Ashley Woods) are planned for single-family detached, zero-lot line homes on lots typically 5,000 square feet in area. Parcel 11 is planned for golf course and clubhouse. Parcel 12 is an Elementary School site. 3. ACCESS AND CIRCULATION: a. Vehicular - As shown on the Master Land Use Plan, primary vehicular access is provided by River Birch Run North, Eden Way North, and Volvo Parkway. Points of access to these collectors shall be as shown on the approved construction plans, or, where plans have not yet been approved, shall be consistent with the standards of the City of Chesapeake and good engineering practice for the type of street. Public streets shall conform to the requirements of Chesapeake s Subdivision Ordinance and Standards and Criteria. Private streets and drive aisles shall be not less than 22' wide for 2-way traffic or 16' for one-way. b. Parking - Not less than 2.0 parking spaces per dwelling unit shall be provided in residential use parcels, except that apartment uses may have a ratio not less than 1.75, and a 2.0:1 or better ratio and guest parking provisions are desirable. Recreational vehicles such as boats, motor homes, etc. may be parked only in any areas expressly designated for same on the approved Site Plan or Subdivision Plan. Parking for uses other than residential shall be as set forth in the Chesapeake Zoning Ordinance. c. Pedestrian - The Preliminary Subdivision Plat for each Parcel shall show the configuration of its walkways. Walkways shall conform generally to the Zone 5 Master Walkway Plan and generally shall be located in the common open space areas. They will be 4' wide, with materials and construction as approved by the Public Works Department. Portions of the walkway system on public right-of-way shall be City maintained; all others will be maintained by the Greenbrier Homeowners Association. Walkways shall be installed on a section-by-section basis no later than 1 year after recordation of the first adjoining section. d. Major Collectors (River Birch Run North, Eden Way North, and Volvo Parkway) - Right-of-Ways to be as shown on Preliminary Subdivision Plat, with details of design to be approved by Public Works Department the Director of Development and Permits or Development Engineering Designee. Walkways, where required, shall be constructed concurrent with development of adjacent property. No vehicular access whatsoever shall be provided from any individual residential lot onto any of these roads.

Page 3 4. UTILITIES AND DRAINAGE: Construction plans for these facilities shall be approved by the Public Works Department the Director of Development and Permits or Development Engineering Designee and Public Utilities Departments Director of Public Utilities or Designee as applicable. Easements, where required, shall be over lands of the Homeowners Association, not individual lots, except where otherwise approved by the Public Works Department the Director of Development and Permits or Development Engineering Designee and Public Utilities Departments Director of Public Utilities or Designee. 5. BUILDING SIZE AND LOCATION: A final site plan shall be prepared and approved by the Greenbrier Architectural Review Committee and the Chesapeake Planning Department prior to issuance of building permits for any building, outbuilding, addition, fence, dock, or any other structure requiring a building permit. For all residential uses except where L is being developed under conventional R-10s zoning requirements, the requirement for a site plan hereunder shall mean a block plan showing the relationships of buildings one to another on the parcel. Requirements for this plan are shown on the attachment entitled Greenbrier Site Plan Requirements. a. Setbacks (Residential Uses) - Minimum setbacks shall be as follows: (1) Front: Minimum front setback shall be measured from right-of-way line of public street or edge of traveled way of private drive, and shall not be less than 20', except not less than 25' in use category L. In use categories LC and denser, monotonous appearance shall be avoided by stagger of setback and/or offsets in front walls of structures. (2) Rear: Minimum rear yard shall be 20', except not less than 25' in use category L. (3) Side: Minimum distance between buildings for each use category shall be: L, 15'; LC, 12'; LM, 15'; M(townhouse-type development), 15'; M(apartmenttype development), 20'; H, 25'. In L, minimum side yard shall be 6'. In LC, one side yard shall be 6' or greater. In all uses, where side yard adjoins a street or traveled way ( corner lot ), minimum yard shall be 15'. (4) Outbuildings: tto the extent permitted by Deed Restrictions, less than 100 square feet in area shall have rear setbacks not less than 5'. Side yards for same, and side and rear yards for larger outbuildings, shall be the same as for principal buildings. (5) Reductions in Yard Requirements: Appurtenances to the main structure (porches, chimneys, bay windows, attached outbuildings less than 50 square feet, and the like) may extend not more than 5' into any required yard. A side or rear yard abutting a body of common open space at least 20' wide may be reduced by 5'.

Page 4 (6) Building Size (Residential Uses): No dwelling unit shall cover more than the following area or percentage of its lot area: L 3,000 square feet or 30%; LC 2,000 square feet or 38%. In all uses the maximum extent of building coverage, and building and parking coverage shall be as set forth in the General Guides. (7) Setbacks and Coverage (Commercial and Other Uses): Within any parcel designated for Commercial, Office, Religious Center, or similar use, coverage by buildings shall not exceed 45% of parcel area, nor shall coverage by buildings and parking areas (including drives) exceed 80%. Minimum setbacks from any street shall be 25', except 40' from any major collector street. Minimum side and rear yards shall be 10'. 6. LOT AND PARCEL REQUIREMENTS: The layout of the final subdivision plat or site plan shall be substantially the same as that of the Preliminary Subdivision Plan or Site Plan, except that the exact size and shape of individual lots or dwelling sites may be varied to suit the units of specific builders. Density (dwelling units divided by parcel area) and common open space as a percentage of parcel area shall be as set forth in the General Guides. 7. DEED RESTRICTIONS: Any and all deed restrictions and Homeowners Association documents for this section will be reviewed by the Planning Department prior to final plat recordation. 8. GB(M)-07-03 HOTEL/MOTEL DEVELOPMENT STANDARDS (PARCEL 1A): For the development of a hotel or motel on property subject to GB(M)-07-03 such development shall adhere to the following criteria: i. a. (1) A variable width vegetated buffer as shown on the rezoning exhibit dated August 4, 2008 shall be established along the property s eastern boundary where such boundary is shared with residential development. The buffer shall be installed before a certificate of occupancy is approved for the first hotel or motel to serve as an effective screen between the residential community and the commercial property. The minimum height at the time of planting shall be 6 feet to 8 feet for evergreen trees and 12 feet to 14 feet for canopy trees. The spacing for evergreen trees shall be 15 feet on center and the spacing for canopy trees shall be 25 feet on center. Such buffer shall not be promoted for active or passive recreational use and shall be subject to review and approval by the City Arborist the Director of Development and Permits or Environmental Coordinator Designee to insure the effectiveness of this provision. b. (2) Existing canopy trees located within the proposed buffer along the eastern boundary which exceed 5 inches in caliper, shall be maintained unless said trees are diseased or dying and approved for removal by the City Arborist the Director of Development and Permits or Environmental Coordinator Designee.

Page 5 c. (3) Any landscaping located within the buffer area along the eastern boundary which expires shall be replaced within the next growing season as approved by the City Arborist the Director of Development and Permits or Environmental Coordinator Designee. ii. b. (1) A 6 foot vinyl privacy fence shall be installed before approval of the first certificate of occupancy along the eastern and southern property line where the subject property shares a common boundary with residential uses as well as property now or formerly owned by Unity Renaissance Church. Under appropriate circumstances as determined by the applicant/owner, the applicant/owner may install the privacy fence 25 feet west of its property line as generally shown on the rezoning exhibit dated August 4, 2008. (2) In the event that the privacy fence referenced in item (iia) 8.b.(1) above is located 25 feet west of the property line, vegetation may be planted without City Arborist approval between the fence and the adjoining parcels. In such area where the screening vegetation is located solely on the west side of the privacy fence and the distance from the privacy fence to the hotel parking lot is 15 feet, such area shall be supplemented with legustrum or an approved equal a minimum of 4 feet in height at the time of planting and spaced 5 feet on center to form an effective hedge screen. Such hedge shall be maintained at maturity at a height of between 8 feet and 10 feet. c. The hotel/motel development at the location generally depicted as phase two on the rezoning exhibit prepared by Hassell and Folkes, P.C. and dated August 4, 2008, attached hereto and made part of, shall not exceed four stories in height. d. The primary materials to be used on the front, sides and rear of the hotel/motel structures shall be similar in quality and appearance to the exhibit dated July 3, 2008 attached hereto and made part of. Such materials shall be presented to and accepted by the Planning Director or designee prior to final construction plans approval. e. The applicant/owner agrees that for hotel/motel development it shall comply with the building setbacks provided as shown on the rezoning exhibit dated August 4, 2008. f. The applicant/owner agrees that no trash dumpster shall be located further east on the subject property than the preferred dumpster location shown on the rezoning exhibit dated August 4, 2008. g. The applicant/owner agrees that it shall not seek approval of a building permit for a hotel/motel on that area depicted as (Phase Two) on the rezoning exhibit dated August 4, 2008 before substantially completing all foundation work for a hotel/motel in Phase One in accordance with the Uniform Statewide Building Code as determined by the Building Code Official or designee.

Page 6 9. GB(M)-10-01 MULTI-FAMILY DEVELOPMENT STANDARDS (PARCEL 1A): For the development of a multi-family community on property subject to GB(M)-10-01 (Parcel 1A only), such development shall adhere to the following criteria: a. (1) A variable width vegetated buffer as shown on the rezoning exhibit dated January 5, 2011 shall be established along the property s northern and eastern boundary where such boundary is shared with detached residential development. The buffer shall be installed before a certificate of occupancy is approved for the first multifamily structure to serve as an effective screen between the detached residential community and the multi-family property. The minimum height at the time of planting shall be 6 feet to 8 feet for evergreen trees and 12 feet to 14 feet for canopy trees. The spacing for evergreen trees shall be 15 feet on center and the spacing for canopy trees shall be 25 feet on center. Such buffer shall not be promoted for active or passive recreational use and shall be subject to review and approval by the Director of Development and Permits or Designee to exceed the minimum buffer type C requirements in order to insure the effectiveness of this provision. (2) Existing canopy trees located within the proposed buffer along the northern and eastern boundary which exceed 5 inches in caliper, shall be maintained unless said trees are diseased or dying and approved for removal by the Director of Development and Permits or Designee. b. (1) An opaque 6 foot vinyl or aluminum privacy fence shall be installed before approval of the first certificate of occupancy along the eastern, northern and southern property line where the subject property shares a common boundary with detached residential uses as well as property now or formerly owned by Unity Renaissance Church and the existing parking facilities associated with Towne Development Corp. Under appropriate circumstances as determined by the applicant/owner, the applicant/owner may install the privacy fence 25 feet south and/or west of its property line as generally shown on the rezoning exhibit dated January 5, 2011. Such fence shall be earth tone in color and not constructed of chain link. (2) In the event that the privacy fence referenced in item 9.b.(1) above is located 25 feet south and/or west of the property line, vegetation may be planted without the Director of Development and Permits or Designee approval between the fence and the adjoining parcels. In such area where the screening vegetation is located solely on the south or west side of the privacy fence and the distance from the privacy fence to the multi-family parking lot is 15 feet or less, such area shall be supplemented at a minimum with legustrum or an approved equal a minimum of 4 feet in height at the time of planting and spaced 5 feet on center to form an effective hedge screen. Such hedge shall be maintained at maturity at a height of between 8 feet and 10 feet. In addition, trees shall be planted on the south and west side of the fence equivalent to a buffer yard C as illustrated in the zoning ordinance.

Page 7 c. The primary materials to be used on the front, sides and rear of the residential structures shall be similar in quality and appearance to the exhibit stamp dated December 29, 2010 and as follows: (1) Exterior wall finishes shall be of subtle, earth-toned colors, with no single color being repeated as the primary color on every building, with harmonizing primary and accent colors, as determined by the Director of Planning or designee. (2) Not less than 25% shall be brick veneer (as actual, individually laidup units, not Quik-Brick or similar modular product) or natural stone or a stone veneer product deemed by the Director of Planning or designee to be of quality similar to brick veneer, with the remainder as illustrated in (d) below. (3) The remaining siding materials, excluding soffits, shall be beaded lap as well as cementitious siding product, such as HardiPlank. (4) Roofing shingles shall be architectural grade shingles. (5) Balcony railings shall be no maintenance, ornamental steel, aluminum or vinyl clad railings. (6) The applicant/owner agrees that the northern most three bedroom end units, as shown on the rezoning exhibit dated January 5, 2011, shall not be provided with exterior balconies. d. The applicant/owner agrees that the required building setback lines shall be as shown on the rezoning exhibit dated January 5, 2011. e. The applicant/owner agrees that the trash dumpster shall be located on the subject property in the general location shown on the rezoning exhibit dated January 5, 2011. f. The applicant/owner agrees that multi-family development on the subject property shall not exceed 30 units per gross acre. g. The applicant/owner agrees that the maximum building height for multifamily development on the subject property shall not exceed (60) sixty feet or four stories. h. All residential structures must be located a minimum of (10) ten feet from the face of curb of all parking bays and drive aisles. i. The minimum drive aisle width within parking areas shall be 24 feet unless a greater width is required for the provision of emergency service, in which case the aisle width will be increased to a maximum of 26 feet.

Page 8 j. The owner/applicant agrees to make a cash contribution to the City of Chesapeake for the expansion of classroom space in impacted public schools, including but not limited to, land acquisition for the expansion of public school facilities and construction of new schools and additions. The amount of the cash contribution shall be $1,000.00 per residential dwelling unit on the property. The applicant/owner agrees to make the proffered cash contribution on a structure by structure basis prior to issuance of a Certificate of Occupancy. The applicant/owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake s lock box, also known as the General Fund Reserve for School Capital Construction Costs and shall be subject to City Council approval prior to appropriation. In the event the cash proffer is not expended for land acquisition or classroom expansion within time constraints imposed by state law, the applicant/owner agrees that the cash proffer may be used for capital improvement projects for major repair, maintenance and renovation of public schools in the same school planning area as the rezoned property. k. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public libraries, including but not limited to, land acquisition; design, construction, expansion, renovation, and repair of buildings and appurtenances; and acquisition of capital assets necessary to the operation of public libraries. The amount of voluntary cash contribution shall be $502.31 per residential dwelling unit. The applicant/owner agrees to make the proffered cash contribution on a structure by structure basis prior to issuance of a Certificate of Occupancy. l. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public emergency service facilities, including but not limited to, land acquisition; design, construction, expansion, renovation, and repair of buildings and appurtenances; and acquisition of capital assets necessary to the provision of emergency fire and medical services to the citizens of Chesapeake. The amount of the voluntary cash contribution shall be $356.08 per residential dwelling unit. The applicant/owner agrees to make the proffered cash contribution on a structure by structure basis prior to issuance of a Certificate of Occupancy. m. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public arterial and collector streets within the traffic shed impacted by the rezoning, including but not limited to, right-of-way acquisition, road design, road construction, project management, widening, paving, striping, adding turn lanes, adding acceleration or deceleration lanes, installing or adjusting traffic control devices, installing curb and gutter, making ditch and shoulder improvements, and constructing or improving roadside drainage facilities. The amount of the voluntary cash contribution shall be $558.00 per residential dwelling unit. The cash contribution shall be in addition to any required or voluntary road improvements. The applicant/owner agrees to make the proffered cash contribution on a structure by structure basis prior to issuance of a Certificate of Occupancy. n. The applicant/owner further agrees to provide a warrant of need analysis for a right turn lane exiting it s property at it s southern most entrance at the time of

Page 9 preliminary site plan submission. In the event that the warrant for such turn lane is met, the applicant/owner shall construct such improvement in accordance with an approved plan by the Department of Development and Permits.

Page 10 USE TABLE GREENBRIER, ZONE 5, SECTION D, PARCEL 1A USE CATEGORY (C) GB(M)-07-03 USE CATEGORY (H) GB(M)-10-01 S.I.C. Permitted Uses Dwelling, Multi-family (See Criteria #9) 701 Hotels and Motels (See Criteria # 8) 7212 Garment Pressing 722 Photographic Studios, Portrait 723 Beauty Shops 724 Barber Shops 725 Shoe Repair Shops and Shoeshine Parlors 726 Funeral Service and Crematories 7291 Tax Return Preparation Service 7311 Advertising Agencies 7331 Direct Mail Advertising Services 7334 Photocopying and Duplicating Services 7352 Medical Equipment Rental and Leasing 7622 Radio and Television Repair Shops 763 Watch, Clock and Jewelry Repair 764 Reupholstery and Furniture Repair 7699 Leather Goods Repair 7699 Lock and Gunsmith Shops 7699 Bicycle Repair Shop 7699 Antique Repair Shop 7699 Camera Repair Shop 7699 Picture Framing 7841 Videotape Rental Dance Studios, Schools and Halls, Instructional Only 791 793 Bowling Centers 7991 Physical Fitness Facilities 801-804 Offices and Clinics of Doctors and Dentists Medical and Dental Laboratories not considered Medical Care Facilities 807 81 Legal Services 821 Elementary and Secondary Schools 869 Meeting and Banquet Halls 869 Convention Centers Engineering, Architectural, and Surveying Services 871 872 Accounting, Auditing and Bookkeeping Services

Page 11 S.I.C. Permitted Uses (Continued) Conditional Uses S.I.C. 835 Child Day Care Services. 866 Churches 0742 Veterinary Services, Nonlivestock Only Motor Vehicle Dealers, New 551 General Contractors, Offices Only, No Outside Motor Vehicle Dealers, Used 15 Storage 552 Construction Special Trade Contractors, Indoor Recreation Facilities Not 17 Offices Only, No Outside Storage Elsewhere Classified 7999 526 Retail Nurseries, Lawn and Garden Supply Stores Outdoor Recreation Facilities Not Elsewhere Classified 7999 48 Communications, Offices Group Care Facility 805 523 Paint, Glass and Wallpaper Stores Group Housing for the Elderly 805 525 Hardware Store 53 General Merchandise Stores 54 Food Stores 553 Auto Supply Stores 56 Apparel and Accessory Stores 571 Home Furnishings Shops 572 Household Appliances 5731 Radio and Television Stores 5734 Computer and Software Stores 58 Eating and Drinking Places with Seating 58 Eating and Drinking Places without Seating 591 Drugstore 592 Liquor Store 593 Pawn Shops 5941 Sporting Good Store and Bicycle Shops 5942 Bookstores 5943 Stationery Stores 5944 Jewelry Stores 5945 Hobby, Toy and Game Shops 5946 Camera and Photographic Supply Stores 5947 Gift, Novelty and Souvenir Shops 5948 Luggage and Leather Goods Stores 5949 Sewing, Needlework and Piece Goods Stores 5992 Florists 5993 Tobacco Stores and Stands 5994 News Dealers and Stands 5995 Optical Goods Stores 5999 Miscellaneous Retail Stores Not Elsewhere Classified Finance, Insurance and Real Estate, Except 60-6799 Cemeteries