PUP2019-00009 1420 N. Parham Road LC, et. al. Staff Report for Board of Supervisors Public Hearing Prepared July 30, 2019

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:

Board of Supervisors:

June 13, 2019 July 11, 2019

August13,2019

Deferred at applicant's request Recommended for approval

Pending

II. IDENTIFICATION AND LOCATIONAL INFORMATION:

Request:

Existing Zoning:

Acreage:

Proposed:

Location:

Magisterial District:

Comprehensive Plan Designations:

Parcel Nos.:

Zoning of Surrounding Properties:

PUP2019-00009

Provisional use permit (PUP) to allow various additional uses within the proposed Regency Square UMU District

B-3 Business District, B-1 Business District UMUC Urban Mixed-Use District (Conditional) proposed with REZ2019-00021

35.53 acres

Urban Mixed-Use Development (Residential , Office, and Commercial Uses)

South line of Quioccasin Road between Starling Drive and N. Parham Road

Tuckahoe

Urban Mixed-Use (UMU)

752-743-9774, 752-744-6336, 753-743-9242, and 753-744-2141

North: B-2C Business District (Conditional), B-2 Business District, 0-2 Office District

South: R-3 One-Family Residence District East: B-3 Business District, R-3 One-Family Residence District West: 8-3 Business District, B-2C Business District (Conditional) ,

R-3 One-Family Residence District

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Ill. SUMMARY OF STAFF REPORT:

The applicant is requesting approval of a number of provisional uses for the proposed redevelopment of Regency Square as an urban mixed-use district. The subject property contains 35.53 acres is currently zoned B-3 and B-1 . The applicant has filed a rezoning application (REZ2019-00021) requesting a UMUC, Urban Mixed-Use District (Conditional) zoning designation for the entirety of the property with up to 1,250 residential uses. Approval of this request is contingent upon approval of the rezoning case.

Properly conditioned, staff believes the requested provisional uses could be appropriate on the subject property as described in Section IV. Should the companion rezoning request be approved, staff could support this application.

The Planning Commission recommended approval of this request at their July 11 , 2019 meeting.

IV. LAND USE ANALYSIS AND IMPLICATIONS:

The 2026 Comprehensive Plan recommends Urban Mixed-Use for the project area, which was developed in the 1970s as Regency Square Mall. The site is largely zoned B-3, and the applicant has submitted an application (REZ2019-00021) to rezone the site to UMUC. Portions of the mall not under control of the applicant would remain zoned B-3 and are not subject to this request.

The applicant has submitted application materials for the property that include a conceptual layout as identified in the Regency Square UMU Pattern Book, which is included in the companion rezoning application. The pattern book provides development requirements for the proposed project, and contains the elements required by the Urban Mixed-Use District zoning regulations. These application materials provide a framework for future development in the area consistent with the recommendations of the Comprehensive Plan and will provide regulating standards for future development on the site. The applicant has also provided a building height exhibit, as well as a limited parking analysis to support their request for reduced parking requirements for the proposed development as allowed in the UMU District.

The applicant has requested a total of twenty-one (21) items that require provisional uses. While the attached building height exhibit identifies the maximum height for various project areas, no specific locations have been identified for many of the proposed uses. However, because of the thorough nature of the proffered Regency Square UMU Pattern Book and the fact that many of the uses would otherwise be permitted by the site's existing B-3 zoning, staff believes the requested provisional uses could be appropriate throughout the proposed UMU, provided the conditions below are satisfied. Additionally, the proposed conditions have been applied to other UMU developments in the county, and many of the requested uses have been found to be appropriate within other UMU developments, subject to conditions similar to those proposed below.

Specifically, the applicant is requesting the following:

Uses: The following requests pertain to uses that are not otherwise permitted by-right in the UMU District. While many of the requested uses may not be appropriate in all UMU developments, the unique redevelopment situation of Regency Square, presence of existing retail pad sites, and existing B-3 zoning mean such uses could be reasonable at this location. The proffered pattern

PUP2019-00009 Page 2

book provides guidance regarding street and building design, and the required plan of development will allow for additional review of the proposed location of certain uses that may require additional scrutiny. For these reasons, staff believes the following uses could be appropriate subject to the conditions outlined below:

• Section 24-32.1(a): To permit outdoor vending. • Section 24-32.1(c): Automotive filling and service station and convenience food store • Section 24-32.1(e): Indoor antique auctions. • Section 24-32.1 (f): Auditorium and assembly hall , conference centers, performing arts areas

and amphitheaters. • Section 24-32.1(9): Billiard parlors. • Section 24-32.1(i): For various uses with floor area exceeding 10,000 square feet, including:

o Indoor recreational and entertainment facilities. o Medical offices, clinics, and laboratories. o Grocery or convenience food store. o Stores or shops for the conduct of retail sales and services, including restaurants. o Parking structures.

• Section 24-32.1 (j): Drapery making and furniture upholstering shops. • Section 24-32.1 (k): Drive-through service windows. • Section 24.32.1(m): Office-warehouse with all materials stored within an enclosed building • Section 24-32.1(0): Radio and television stations and studios, broadcasting or recording

studios. • Section 24.31.1 (p): Outdoor recreational facilities including miniature golf, skating rinks,

swimming pools and similar uses and activities. • Section 24-32.1(q): Sign printing and painting shop, excluding fabrication. • Section 24.32.1 (r): Television receiving antennas/support structures exceeding 50' in height. • Section 24-32.1 (x): General hospitals.

Development Standards: The intent of the UMU District is to allow flexibility for mixed-use communities not otherwise available under traditional zoning requirements. Development of taller buildings, denser residential communities, and structured parking are integral components of many mixed-use projects, and the applicant has demonstrated how modification of certain development standards could be appropriate.

Application info indicates buildings would be limited to 60' in height in areas of the site adjacent to existing single-family homes, and taller buildings would be allowed on the site's interior. The increased residential density would be in keeping with other UMU developments in the county and allowing units to be for-lease will allow flexibility to meet market demands. Staff believes modification of these and other development standards would meet the intent of the UMU District, subject to the conditions below:

• Section 24-32.1(n): Parking garage with no associated ground floor retail uses along at least one fac;:ade.

• Section 24-32.1 (s): Buildings in excess of sixty (60) feet in height. • Section 24-32.1 (t): Residential density in excess of 30 units per acre. • Section 24-32.1 (v): Open space less than 20%. • Section 24-32.1 (y): Extended hours of operation for business with one or two billiard tables to

2:00 a.m. • Section 24-32.1 (z): Percentage of for-lease multifamily dwelling units greater than 30%. • Section 24-32.1 (aa): Parking plan allowing reduced parking requirements.

PUP2019-00009 Page 3

Proposed Conditions:

1. Master Plan, Density Limitations and Percentage of For-Lease Multifamily Units. All development on the property shall be in general conformance with the Regency Square UMU Pattern Book. Development on the property shall not exceed 1,250 residential units, excluding units developed as part of a life care facility, assisted living facility or nursing home. Independent living units within a life care facility shall count towards maximum density restrictions.

2. Square Footage Limitations. The maximum square footage of any use other than an office building shall not exceed 10,000 square feet in floor area, except that:

• Medical offices, clinics or laboratories shall have no limit as to floor area. • Indoor recreational facilities/swimming pools and indoor entertainment facilities

shall have no limit as to floor area. • Grocery or convenience food stores shall have no limit as to floor area. • Stores or shops for the conduct of retail sales or services, including but not

limited to restaurants, shall have no limit as to floor area.

3. Building Height. Buildings on the Property may exceed 60' in height in accordance with the exhibit entitled "Regency UMU Building Heights." No building on the property shall exceed 120' in height.

4. Vendor Areas. Areas of the Property may be designated on the master plan, which may be revised from time to time, or a Plan of Development, for the preparation of food or beverages or the sale or display of merchandise conducted in an open area or structure by one or more individual vendors operating from stalls, stands, carts, vehicles or other spaces which are rented or otherwise made available to such vendors. Such activities may include a market, sale of merchandise as part of a permitted festival or other similar special event, or the outdoor display or sale by a single food or beverage vendor, operated as an incidental part of retail activity regularly conducted from within a permanent building on the premises. Sidewalk widths adjacent to outdoor vending areas shall not be reduced to less than five (5) feet, except to accommodate a permitted festival or other similar special event. Trash receptacles shall be provided and conveniently located for each block that contains an outdoor vending area.

5. Emergency Communication Systems. The owner shall install a fire command center and emergency radio communication equipment within any new building exceeding 60 feet in height to allow for adequate public safety and radio coverage within and between the buildings. A communications consultant shall certify such equipment as compatible with the County's emergency communication system within 90 days of the owner or tenant obtaining a Certificate of Occupancy for any such building. The County shall be permitted to perform communications testing within the buildings at any time.

6. Fire Protection-Structured Parking. A 3" standpipe for fire protection shall be provided within all structured parking at approximately 200' intervals. The exact location of these improvements will be determined during Plan of Development review.

7. Fire Protection. All structures, including parking structures, other than open, standalone parking garages, shall be fully sprinkled for fire protection.

PUP2019-00009 Page4

8. Billiard Parlors. Billiard parlors shall be permitted, provided that evidence (i.e. police calls to the premises, complaints from other businesses or the residential community, etc.) does not indicate that the establishment and operation of a billiard parlor is having an adverse effect (i .e. increased public nuisance: loitering, excessive noise outside the building , criminal assaults, traffic, etc.) on the surrounding area. Billiard parlors shall not operate between the hours of 2:00 a.m. to 6:00 a.m.

9. Drive-through service windows. Drive-through service windows shall be designed to minimize negative impacts to the pedestrian environment and shall be accessed from internal roadways, unless otherwise approved at the time of Plan of Development review.

10. Automotive Filling and Service Stations. Automotive filling and service stations shall be located and accessed in a manner consistent with the Regency Square UMU Pattern Book as determined at the time of Plan of Development and shall be subject to the following requirements:

a. No exterior storage or display of automotive parts shall be permitted. b. All sales, installation and service shall be conducted within a completely

enclosed, air-conditioned building.

11 . Radio and Television Stations and Television Receiving Antennas. Any communications equipment such as satellite dishes or antennas associated with a radio or television station shall be screened from public view at ground level in a manner approved at the time of Plan of Development Review. No stand-alone television or radio antennas shall be permitted.

12. Parking Plan. The applicant shall provide parking consistent with the Regency Shared Parking Demand document. Each plan of development submitted for the property shall include a tabulation of all parking required per the parking study. Shared parking information, including updates to the parking study demonstrating the parking rate is meeting the needs of approved development on the property, shall be provided with each plan of development or as requested by the Director of Planning. Each plan of development submitted shall identify the location and means of creating additional parking that could accommodate the difference between the reduced parking standard approved by this permit and the standards contained in Section 24-34(m) of the Henrico County Code.

13. Parking Structures. Parking structures without ground floor retail uses along at least one fac;:ade or without usable floor space for residential or nonresidential uses along any fac;:ade that faces a one-family use or public or private street shall be permitted, provided the design of such structures is consistent with the Regency Square UMU Pattern Book as determined at the time of Plan of Development Review.

14. Crime Prevention. Prior to occupancy of any structure containing commercial or office uses, the applicant and the Crime Prevention Unit of the Division of Police shall conduct a security survey of the property. The applicant shall implement mutually agreed upon security recommendations.

Staff believes the proposed master plan meets the goals, objectives, and policies of the Urban Mixed-Use District. In general, the project would provide high quality development in a well­planned environment with uses that would not only be compatible within the development but also with developments in the immediate vicinity. The requested uses would be appropriate throughout

PUP2019-00009 Page 5

the proposed UMU with the recommended conditions contained in this staff report. Additionally, per Section 24-122.1 of the Zoning Ordinance, the Board of Supervisors may revoke a provisional use should the conditions above not be complied with. Approval of the rezoning application must occur prior to approval of this request. If companion case REZ2019-00021 is approved, staff could fully support this request.

The Planning Commission recommended approval of this request at their July 11 , 2019 meeting.

V. COMPREHENSIVE PLAN ANALYSIS:

Comprehensive Plan Recommendation: The 2026 Comprehensive Plan recommends Urban Mixed-Use. This request 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.

• Land Use & Community Character Objective 3: Encourage new growth and development that takes into account location and availability of infrastructure and services.

• Land Use & Community Character Objective 8: Encourage diverse mixtures and forms of development to support the economic tax base of the county.

• Land Use & Community Character Objective 16: The County will increase the quantity of housing units near employment centers.

VI. PUBLIC SERVICE AND SITE CONSIDERATIONS:

Departmental comments and other site considerations are included in Section VI of the staff report for the companion rezoning request (REZ2019-00021 ).

PUP2019-00009 Page 6

PUP REQUESTS

1. 24-32.1.(a) for outdoor vending.

2. 24-32.1 ( c) for automotive filling station consisting of an attendant sales office and convenience food or grocery store or any permitted use with fuel pumps.

3. 24-32.1 (e) for indoor antique auction.

4. 24-32.1 (f) for auditorium and assembly hall, coliseum, and stadium.

5. 24-32.1 (g) for billiard parlor with hours of service to the general public from 1 :00 p.m. on Sunday and 6:00 a.m. on other days until midnight, unless extended hours of operation are specifically authorized by the board of supervisors as a condition of the use permit.

6. 24-32.l(i) for:

• single offices, clinics and labs for medical, dental and optical uses greater than 30,000 square feet of floor area.

• grocery or convenience food store greater than 30,000 square feet of floor area.

• indoor recreation and entertainment facilities including swimming pools greater than 10,000 square feet of floor area.

• Stores or shops for the conduct of retail sales or services (including, but not limited to, restaurants) greater than 10,000 square feet of floor area.

7. 24-32.1 G) for drapery making and furniture upholstering shops.

8. 24-32.1 (k) for drive-through service window for uses permitted in section 24-32.

9. 24-32.1 (m) for office-warehouse, when all materials are stored within an enclosed building for use by the business occupying the building.

10. 24-32.1 (n) for parking garage with no associated ground floor retail uses/useable floor space for residential or nonresidential uses along any fayade facing a street.

11. 24-32.1 (o) for radio and television stations and studios, broadcasting or recording studios.

12. 24-32.1 (p) for recreation facilities, commercial, outdoor, including miniature golf courses, golf driving ranges, skating rinks, swimming pools and water slides, skateboard parks and similar uses and activities.

13. 24-32.1 (q) for sign printing and painting shop, excluding fabrication.

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14. 24-32.1 (r) for television receiving antennas and support structures exceeding 50' in height.

15. 24-32.1.(s) for buildings in excess of 60 feet in height.

16. 24-32.1.(t) for density of residential development exceeding 30 dwelling units per acre.

17. 24-32. l(v) for open space within a development ofless than 20 percent.

18. 24-32.1 (x) for general hospitals.

19. 24-31 .1 (y) for extended hours of operation for any business containing one or two billiard, pool, or bagatelle tables to 2:00 a.m.

20. 24-32.1 (z) to allow the number of for-lease multifamily dwelling units to exceed 30 percent of the total units of the UMU district.

21. 24-32.l(aa) Parking Plan as described in Section 24-34(m)(7).

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BUILDING HEIGHTS LEGEND

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LIMIT OF REZONING APPLICATION

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PUP2019-00009 Zoning

Urban Mixed Use

Tuckahoe District

400 0 Feet

PS April 2019 Ref: 752-743-9774

2026 Land Use Plan Urban Mixed Use

Tuckahoe District

400 0 Feet

Ref: 752-743-9774