REZ2016-00034 Discount Tire Company Staff Report for Board of Supervisors Public Hearing Prepared October 28, 2016

This report is prepared by the Henrico County Planning Staff to provide information to the Planning Commission and the Board of SupeNisors 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: October 13, 2016 Recommended for Approval

Board of Supervisors: November 9, 2016 Pending

II. IDENTIFICATION AND LOCATIONAL INFORMATION:

Request:

Existing Zoning:

Acreage:

Existing Use:

Location:

Magisterial District:

Comprehensive Plan Recommendations:

Parcel No. :

Zoning of Surrounding Properties:

REZ2016-00034

Amend Proffer #4 accepted with Case C-31C-06 regarding prohibited uses.

B-2C Business District (Conditional)

1.22 Acres

Vacant

East line of Staples Mill Road (U.S. Route 33) approximately 485' north of its intersection with Old Staples Mill Road .

Brookland

Commercial Concentration

769-756-3889

North: South: East:

West:

B-2C Business District (Conditional) B-2C Business District (Conditional) B-2C Business District (Conditional) R-3 One-Family Residence District R-3 One-Family Residence District

Page 1

Ill. SUMMARY OF STAFF REPORT:

This is a request to amend Proffer #4 accepted with rezoning case C-31 C-06 regarding prohibited uses for the southernmost outparcel of the Staples Mill Square Shopping Center. The existing proffer prohibits automobile, truck, trailer, motorcycle, recreational vehicle or bus sales, rental , and repair. The applicant proposes to amend the proffer to allow tire sales, installation, and tire repair (Discount Tire Company) . A companion provisional use permit (PUP) application has also been submitted (PUP2016-00008) because auto parts sales, service, and/or installation in the B-2 district requires a PUP.

The site is zoned B-2C and is located on the east line of Staples Mill Road (U.S. Route 33) approximately 485' north of its intersection with Old Staples Mill Road. The 2026 Comprehensive Plan recommends Commercial Concentration. In addition to amending Proffer #4(s) to allow the proposed use, the applicant has included proffer language that the site and building would be developed in general conformance with the submitted conceptual plan and building elevations. The applicant is also committing to a 6-foot-tall brick wall along the rear of the property to assist in screening service bays.

Staff believes the proposed proffer amendment to allow tire sales, installation, and repair is consistent with the site's Commercial Concentration designation on the Comprehensive Plan. In addition , the proposed development should not negatively impact the shopping center or adjacent residential uses because the use is generally retail and the limited nature of the automobile-related use would be mitigated by the amended proffer language. For these reasons, staff supports this request.

At their October 13, 2016 public hearing , the Planning Commission recommended approval of this request.

IV. LAND USE ANALYSIS AND IMPLICATIONS:

The subject site is an outparcel located at the southernmost corner of the Staples Mill Square Shopping Center and consists of 1.22 acres. It is located on the east line of Staples Mill Road (U.S. Route 33) approximately 485' north of its intersection with Old Staples Mill Road and is zoned B-2C. The subject property was rezoned via C-31 C-06 to allow for an access road from Old Staples Mill Road and an additional out-parcel for the shopping center.

The site is immediately surrounded to the north, south , and east by B-2C property, including an Aldi Food Store and the referenced access road from Old Staples Mill Road . Property to the south contains a single family residence; however, this property was rezoned to B-2C via C-48C-07 for commercial development and has not been developed. Two single family parcels, zoned R-3, are located to the north and east of the access road .

The proffers submitted with C-31 C-06 included assurances of quality including landscape buffers, architectural treatment, lighting , screening of HVAC and trash receptacles, and a number of prohibited uses. Proffer #4 prohibits a number of uses that may negatively impact the subject site or surrounding uses and includes flea markets, gun sales, pay day loans, adult businesses, and a number of vehicular related sales and services.

Specifically, Proffer #4(s) states that automobile, truck, trailer, motorcycle, recreational vehicles, or bus sales, rental , and repair would be prohibited. With this request, the applicant is proposing to continue to prohibit vehicular sales, rentals , and repairs , but would allow for the

REZ2016-00034 Page 2

sale, installation, and repair of tires within a 7,373 square foot building. A companion provisional use permit (PUP) application has also been submitted (PUP2016-00008). The B-2 district allows auto parts sales, service, and/or installation as a provisional use if done within a completely enclosed, air conditioned building no larger than 15,000 square feet of floor area.

The applicant has also proffered the site would be developed in general conformance as the submitted conceptual plan and elevations. The proposed building would be primarily constructed of brick veneer and located horizontally along the east line of Staples Mill Road. Three tire installation bays would be located in the rear of the building and would face the access road. A brick wall , six feet in height, would be constructed along the northern and eastern boundary of the property to screen the access bays from the access road and adjacent properties.

Uses such as tire sales , installation, and tire repair would be consistent with the site's Commercial Concentration designation on the 2026 Comprehensive Plan and the surrounding B-2 Business District zoning. The uses would be more retail in nature, and the submitted proffers would provide adequate protections for adjacent uses. In addition , the proffered conceptual plan and architectural elevations provide additional screening measures and high­quality site and building design to limit impacts on adjacent properties. For these reasons, staff supports this request.

At their October 13, 2016 public hearing, the Planning Commission recommended approval of this request.

V. COMPREHENSIVE PLAN ANALYSIS:

Comprehensive Plan Recommendation: The 2026 Comprehensive Plan recommends Commercial Concentration. The proposed proffer amendment is consistent with this designation.

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

• Economic Objective 5: Promote reinvestment in older neighborhoods to meet the needs for retail services and employment in the area.

• Land Use and Community Character Objective 1 O: Use development design guidelines and standards to enhance, promote and protect a high-quality community identity and aesthetic.

VI. PUBLIC SERVICE AND SITE CONSIDERATIONS:

Major Thoroughfare and Transportation: No objections to this request.

Drainage: All proposed improvements must comply with all applicable Public_ Works plan. of dev~lopment requirements. The site must comply with applicable stormwater quality and quantity requirements. Traffic Engineering will determine if any right-of-way dedication or road improvements are required. Based on GIS, Waters of the U.S. and/or hydric soils are present (indicating possible wetlands) . Corps of Engineers and DEQ permits may be required.

REZ2016-00034 Page 3

Public Utilities Services: County water is located in an easement in the private access road to Staples Mill Square shopping center. County sewer is located in an easement on the property.

Department of Community Revitalization: No comments on this request.

Schools: This case does not have any educational impacts.

Division of Fire: No comments on this request.

Division of Police: No comments on this request.

Recreation and Parks Department: No park or recreation facilities, historical, archaeological or battlefield impact.

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.

REZ2016-00034 Page 4

Proffers for Conditional Rezoning County of Henrico, Virginia

. 4301 ~-Parham.Road, Henrico, Virginia 23228 Henrico Planning Web Site: http://www.heorjco.us/plannjng

Mai/in Address: Plannin Department, P.O. Box 90775, Henrico, VA 23273-0775 Phone 804 5014602 Facsimile 804 501-4379

Rezoning Case No. ~fLZ.OllrOOOOi,aglsterlal Distrlct t?l"Ou~l~n

the County Code, the owner or duly authorized agent* hereby voluntarlly proffers the be appllcable to the property, If rezoned:

-. I A-no/ GonolJ' ID /Z-4-/ioJl.P Date

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

Case REZ2016-00034

October 24, 2016

Proffers as contained in Case C-31 C-06 shall be amended as follows:

Proffer 4(s) shall be deleted in its entirety and replaced with the following:

s. automobile, truck, trailer, motorcycle, recreational vehicle or bus sales, 'and rental and repair; provided, however, tire sales and installation and tire repair shall be permitted, provided the following conditions are met:

lD)IE ~IE 8 W IE~ ~ oct 2 a 201s lW Department of Planning

County of Henrico

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(1) The development of the property for tire sales and installation and tire repair shall be in general conformance with the concept plan entitled "DTC Store VAR 1069, 8977 Staples Mill Road, Henrico, VA 23228", prepared by Kimley Hom, dated April 21, 2016 and attached hereto as Exhibit A (see case file) (the "Conceptual Master Plan"), subject to changes required for final engineering design and in compliance with government regulations.

(2) The building design for tire sales and installation and tire repair shall be in general conformance with the architectural design shown on the rendering entitled "Conceptual Elevations, Staples Mill Road, Henrico, Virginia", prepared by Architectural Resource Team, dated September 14, 2016 and attached hereto as Exhibit B (see case file), unless otherwise requested and specifically approved at the time of Plan of Development review.

(3) A wall a minimum of 6 feet in height and constructed of brick shall be installed on the Property as shown on the Conceptual Master Plan.

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COMMONWEA L T H OF V I RG f N I A

COUNTY OF HENRICO

Vtrgil R. Hazelett, P.E. County Manager

July 14, 2006

Marchetti Properties I and V, L.L.C. c/o Mr. Robert L. Marchetti 1567 North Parham Road Richmond, VA 23229

Dear Mr. Marchetti:

Re: Conditional Rezoning Case C-31 C-06

The Board of Supervisors at its meeting on July 11, 2006, granted your request to conditionally rezone from R-3 One Family Residence District and B-2C Business District (Conditional) to B-2C Business District (Conditional}, Parcels 769-756-5278, 769-756-6190 and part of Parcels 769-756-3391, 769-757-3723 and 769-757-3204, described as follows:

Beginning at a point on the northern boundary of the right of line of Staples Mill Road, U. S. Route No. 33, said point being 396' ± from the western boundary of the right of way line of Old Staples Mill Road; thence continuing along the western boundary of the right of way line of Staples Mill Road in a northwesterly direction N 39°48'50" W, 159.57' to a point; thence leaving the western boundary of the right of way line of Staples Mill Road in a northwesterly direction the following five courses and distances: N 05°44'38" W, 36.65' to a point; thence N 50°04'00" E, 100.00' to a point; thence N 71°47'26" E, 160.00' to a point; thence S 08°37'10" W, 80.00' to a point; thence S 81°58'50"E 280.27' to a point on the western boundary of the right of way line of Old Staples Mill Road; thence continuing along the western boundary of the right of way line of Old Staples Mill Road in a southwesterly direction the following two courses and distances: S 05°59'09" W, 105.62' to a point; thence S 05°44'1 O" W, 106.00' to a point; thence leaving the western boundary of the right of way line of Old Staples Mill Road in a northwesterly direction N 81°22'53" W, 371 .06' to a point on the northern boundary of the right of way line of Staples Mill Road, said point being the point and place of beginning, and containing 2.303 acres, more or less.

(804) 501-4206 PARHAM & HUNGARY SPRING ROADS I P.O. BOX 27032 / RICHMOND, VIRGINIA 23273-7032 FAX (804} 5014162

Marchetti Properties I and V, l.L.C. July 14, 2006 Page 2

The Board of Supervisors accepted the following proffered conditions, dated June 22, 2006, which further regulate the above described property in addition to all applicable provisions of Chapter 24, Code of Henrico (Zoning Ordinance):

1. Landscaped Buffers • Staples Miii Road and Old Staples Miii Road: A landscaped buffer shall be provided twenty-five (25) feet in width adjacent to the ultimate right-of-way lines of Staples Mill Road and Old Staples Mill Road (each as determined at the time of Plan of Development review), except to the extent necessary or allowed for roads, sidewalks, utility easements, grading and signage and other purposes requested and specifically permitted, or if required, by the Planning Commission at the time of Plan of Development review, or by any other governmental body. Any road, utility easement or use permitted within the aforesaid buffer areas shall be extended general perpendicular to the buffer area unless otherwise requested and specifically permitted, or if required, by the County at the time of Plan of Development review and where permitted, areas disturbed for utility installations shall be restored to the extent reasonably practical.

2. Architectural Treatment: The exposed portion of each exterior wall surface (front, rear and sides) of any building to be constructed on the Property (excluding rooftop screening materials for mechanical equipment) shall be similar to the exposed portions of the other exterior walls of such buildings built on the property zoned in C-77C-94 in architectural treatment and materials. The buildings to be constructed on the Property shall have exposed exterior walls (above finished grade) predominantly 'of either, or a combination of, face brick, natural stone, split-face block, decorative face block or glass unless different architectural treatment and/or materials are specifically approved with respect to the exposed portion of any such wall, at the time of Plan of Development review. Any building constructed predominantly of split-face block shall incorporate other approved materials as trim, architectural decoration or design elements. Drivit or stucco, if applied to a masonry surface, may be used as a material accessory to those predominant materials referenced above.

3. Parking Lot Lighting: Parking lot lighting standards shall not exceed twenty-five (25) feet in height above grade level, except that parking lot lighting standards on out-parcels shall not exceed twenty (20) feet in height above grade level. All parking lot lighting fixtures shall be of low intensity and shall be positioned in such a manner as to minimize the impact of such lighting on any adjacent property. Light fixtures shall be of the type that conceals the direct source of light ("concealed source lighting" fixtures). Exterior lighting shall be reduced to security levels after hours of operation.

4. Use Restrictions: The following uses shall be prohibited on the Property:

a. flea markets; b. gun shop, sales and repairs, except that such gun sales and repairs shall

Marchetti Properties I and V, L.L.C. July 14, 2006 Page 3

be permitted in a store that sells a variety of sporting goods; c. establishments whose primary business is check cashing and/or the

making of payday loans as defined and regulated by Sections 6.1-432 et seq. and 6.1-444 et seq. of the Code of Virginia (1950), in effect as of the date of the approvals of these proffers (the foregoing shall not preclude banks, savings and loans or similar financial institutions that are not regulated by the foregoing Virginia Code sections);

d. lodge and fraternal organization; e. sign printing and painting shop; f. skating rinks (unless such ice skating areas are an amenity of the

pedestrian-oriented shopping center), roller skating rinks, model racing tracks, electronic video game rooms, bingo halls and billiard parlors unless such billiard parlors are associated with a restaurant;

g. funeral home, mortuary, crematorium and/or undertaking establishment; h. parking lots, commercial (nothing herein shall preclude parking lots as an

accessory use to a principally permitted use); i. automobile service station, however, a grocery or convenience food

store dispensing gasoline products shall be permitted; towing service; j. adult businesses as defined by the County of Henrico; k. billboards; I. truck stops m. communication tower; n. self-storage facilities; o. off-track betting parlors; p. permanent on-site recycling collection facilities; q. sewer/water pump stations; r. massage establishments; s. automobile, truck, trailer, motorcycle, recreational vehicle or bus sales,

rental and repair; t. automobile, truck, trailer, motorcycle or recreational vehicle storage lot; u. boat and boat trailer sales, service and storage; v. exterminating establishment; w. fortuneteller, palmist, astrologist, numerologist, clairvoyant,

craniologist, phrenologist, card reader, spiritual reader or similar activity;

x. public dance halls; y. rifle or pistol range; and z. sheet metal shop or roofing company.

5. HVAC: Rooftop heating and air conditioning equipment shall be screened from public view at ground level at the Property lines by means of parapets_ or other architectural features, in a manner approved by the Planning Commission at the time of Plan of Development review.

Marchetti Properties I and V, L.L.C. July 14, 2006 Page 4

6. Central Trash Receptacles; Trash Pick Up; Parking Lot Cleaning: Central trash receptacles, not including convenience cans, shall be screened from public view at ground level, in a manner approved by the Planning Commission at the time of Plan of Development review. Trash pick up and parking lot cleaning on the Property shall occur only between 7:00 a.m. and 8:00 p.m., Monday through Saturday.

7. Bulldlng Heights: No building constructed on the Property shall exceed the lesser of two (2) stories or thirty-five (35) feet in height, exclusive of chimneys or other architectural design features on any building.

8. Out-parcels: Access to any out-parcel shall be by an internal access road on the property and not by direct access to and from Staples Mill Road.

9. Signs: All signs on the Property shall be internally lit, if lighted. There shall not be any exterior Mobile signs on the property.

10. Inflatable Attention Getting Devices: No inflatable attention getting devices shall be permitted on the Property.

11. Old Staples Mill Road Entrance Sign: There shall be a ground-mounted entrance sign on the Property in the vicinity of Old Staples Mill Road if approved by the County of Henrico.

12. Severance: The unenforceability, elimination, revision or amendment of any proffer set forth herein, in whole or in part, shall not affect the validity or enforceability of the other proffers or the unaffected part of any such proffer.

The Planning Department has been advised of the action of the Board of Supervisors and will revise its records and place a copy of the accepted proffered conditions in the Conditional Zoning Index.

Sincerely,

rt::llett, P.E. /"""County Manager

pc: Ralph Axselle, Jr. Director, Real Estate Assessment Conditional Zoning Index

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REZ2016-00034 Zoning

Amend Proffered Conditions (C-31C-06)

Brookland District

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REZ2016-00034 2026 Land Use Plan

Amend Proffered Conditions (C-31C-06)

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Auaust 2016 Ref: 769-756-3889