REZ2014-00012 - Henrico County, Virginia

REZ2014-00012

Seven Hills Group, LLC

Staff Report for Board of Supervisors' Public Hearing Prepared February 24, 2014

This report is prepared by the Henrico County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this land use matter.

I. PUBLIC HEARINGS:

Planning Commission:

February 17, 2014

Recommended for Approval

Board of Supervisors:

March 11 , 2014

Pending

II. IDENTIFICATION AND LOCATIONAL INFORMATION:

Request:

Amend Proffer #23 , related to site coverage, accepted with rezoning case C-49C-04 as amended by case C-27C-09

Existing Zoning:

B-2C* Business District (Conditional)

Total Acreage:

9.1 1 acres

Location:

The north line of W . Broad Street (U.S. Route 250), approximately 1,940 feet east of its intersection with N. Gayton Road

Magisterial District:

Three Chopt

2026 Comprehensive Plan Recommendations:

Commercial Arterial

Parcel Nos.:

Zoning of Surrounding Properties:

736-764-0871 , -1136 and-3961

North : A-1 Agricultural District, R-6C* General District (Conditional) South : B-2C* Business District (Conditional) East: B-3C* Business District (Conditional) West: B-2C* Business District (Conditional)

Residence

*West Broad Street Overlay District

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Ill. SUMMARY OF STAFF REPORT:

This request is to amend Proffer #23 , related to site coverage, accepted with rezoning case C49C-04 as amended by case C-27C-09. The original case encompassed over 43 acres in what is now the Towne Center West Shopping Center and the Reflections of West Creek apartment complex. Of the original parcels involved, site coverage was limited to no more than 70%.

The applicant is requesting to amend the site coverage limitation to 83% on 9.11 acres in order to accommodate offices and associated parking. Though office parking is calculated at the same rate as retail shopping , the applicant is also envisioning a multi-story medical building across the street, necessitating the need for more parking. (See companion case REZ201400011 .) This will require additional site coverage .

The 2026 Comprehensive Plan recommends Commercial Arterial for the site. The site also lies within the West Broad Street Overlay District. Increasing site coverage on a portion of Towne Center West to promote the infill development of these heretofore vacant parcels would also encourage a good mix of uses throughout the overall project and offset needed development elsewhere. Staff supports this request.

At their February 17, 2014 public hearing, the Planning Commission recommended approval of this request.

IV. LAND USE ANALYSIS AND IMPLICATIONS:

The subject property is comprised of 3 parcels containing approximately 9.11 acres, located between W. Broad Street and Interstate 64 in the Towne Center West Shopping Center. The site is a vacant, grassed area with landscaping along Towne Center West Boulevard. It is surrounded by the Reflections of West Creek (Phase 2) apartment complex and a Dominion Virginia Power substation to the north, vacant parcels to the south (see companion case REZ2014-00011), Short Pump Town Center to the east, and retail development that is part of Towne Center West to the west.

On April 19, 2005, the Board of Supervisors approved rezoning case C-49C-04 for development of commercial, retail and multi-family uses under B-2C and R-6C zoning . Proffers accepted with that case included the following :

? a 50' buffer along West Broad Street; ? pedestrian gathering areas, including a combination of one or more public amenities,

such as water features , pedestrian plazas and street furniture; ? prohibition of outdoor public address systems; ? elevations and building materials; ? limited site coverage on Parcel A to 70% and 75% on Parcel B.

On November 17, 2009, the Board of Supervisors approved rezoning case C-27C-09 to amend proffers to:

? allow additional elevations for a proposed restaurant ? allow the minimum percentage of brick for buildings be reduced or varied upon approval

of the Planning Commission at the time of Plan of Development review.

All other proffers contained in C-49C-04 remained in full force and effect.

The applicant is now requesting to amend Proffer #23 related to site coverage, accepted with rezoning case C-49CC-04 as amended by case C-27C-09. As this site is part of the previously

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identified Parcel A , the original proffer, accepted and restated , required that no more than 70% of the property in the aggregate may be covered by buildings, parking areas and driveways. This site coverage ratio was to be achieved through the use of landscaping and open areas, including, without limitation, landscaped buffers, medians and parking lot islands, pedestrian areas and open plazas. The applicant is requesting to amend Proffer #23 to increase the site coverage from 70% to 83%.

The subject site is an integral part of Towne Center West Shopping Center but the properties have remained vacant. The applicant is proposing to develop the three (3) parcels for offices and associated parking. While shopping center parking rates and office parking rates are the same (1 space per 250 square feet of floor area) , there is likely to be shared parking between users of this space and that of companion case REZ2014-00011 across Towne Center West Boulevard .

As proffered, the 70% site coverage requirement was applicable to the original 35.8 acres of Parcel A. The applicant is seeking only to amend the proffer on 9.11 acres of the property (28.4%) .

In keeping with the need to encourage the infill development of these parcels, as well as promote a good mix of uses throughout the overall project and offset needed development elsewhere, staff supports this request.

At their February 17, 2014 public hearing , the Planning Commission recommended approval of this request.

\I. COMPREHENSIVE PLAN ANALYSIS:

Land Use Plan Recommendation: The 2026 Comprehensive Plan recommends Commercial Arterial for the site and the subject properties are within the West Broad Street Overlay District.

Vision, Goal, Objectives, and Policies: This request is generally consistent with the following Goals, Objectives and Policies of the 2026 Comprehensive Plan :

? General Development Policy 6: Encourage compatible infill, redevelopment and development in proximity to existing development and services when appropriate to avoid "leap frog" growth patterns which may result in higher service costs.

? Infrastructure/Service Provision & Growth Coordination Objective 6: Encourage the sensitive infill development of vacant or underutilized parcels in more developed areas of the county to more efficiently utilize existing public facilities.

VI. PUBLIC SERVICE AND SITE CONSIDERATIONS:

Major Thoroughfare and Transportation: The Department of Public Works Traffic Engineering Division has no objections to the proposed proffer amendment.

Drainage: All proposed improvements must comply with all applicable Department of Public Works plan of development requirements. The site must also comply with applicable water quality requirements.

The site is located in a Watershed Enhancement Area.

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Public Utilities: The proposed development is located on both the north and south sides of Towne Center West Boulevard. Towne Center West Blvd is a private road with recorded easements for both water and sewer. The northern part of the property is under agreement to be developed with offices, retail and restaurant uses. The southern portion of the property is not under agreement. Both water and sewer are located on the parcel to the west of the property in easements.

Department of Community Revitalization: No comments on this request.

Schools: This case does not involve the addition of any housing thus it does not have any educational impacts.

Division of Fire: No comments on this request.

Division of Police: The applicant is encouraged to contact and work with the Community Services Unit within the Henrico Police Division for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts as a Plan of Development is drafted to be submitted for review.

Recreation and Parks: No park or recreation facilities, historical or archeological impacts.

Libraries: No comments on this request.

Topography and Land Characteristics Adaptability: There are no known topographic reasons why the property could not be developed as proposed.

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Proffers for Conditional Rezoning

County of Henrico, Virginia

4301 E. Parham Road, Henrico, Virginia 23228 Henrico Planning Web Site:

Mai/in Address: Planning Department, P.O. Box 90775, Henrico, VA 23273-0775 Phone 804) 501-4602

Facsimile (804 501-4379

D Original 0 Amended Rezoning Case No. C-49C-04

Magisterial District Three Chopt

Pursuant to Section 24-121 (b) of the County Code, the owner or duly authorized agent* hereby voluntarily proffers the

following conditions which shall be applicable to the property, If rezoned:

~

December 19, 2013

Date

*If applicant Is other than Owner, the Special Limited Power of Attorney must be submitted with this application

All proffers from Case C-49C-04, as amended by Case C-27C-09 for parcels 736-764-0871 , 736-764-1136 and 736-764-3961, shall be incorporated herein except proffer number 23, Case C-49C-04, which is hereby deleted and replaced in it's entirety with :

Site Coverage: No more than eighty-three percent (83%) of the Property in the aggregate may be covered by buildings, parking areas and driveways. This site coverage ratio shall be acheived through the use of landscaping and open areas, including, without limitation, landscaped buffers, medians and parking lot islands, pedestrian areas and open plazas.

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POF-003-10/01/08 P.1

12.8b5lOILf - CGJrt -

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