STAFF S REQUEST ANALYSIS AND RECOMMENDATION 12SN0242. The Shoppes at Belvedere, LLC. Midlothian Magisterial District Belvedere Vista Lane

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1 ASE MANAGER: Ryan Ramsey August 21, 2012 P P Time Remaining: 100 days STAFF S REQUEST ANAYSIS AN REOMMENATION 12SN0242 The Shoppes at Belvedere, Midlothian Magisterial istrict Belvedere ista ane REQUEST: onditional use planned development approval to permit exceptions to ordinance requirements relative to a parking setback and buffer in a Neighborhood Business (-2) istrict. PROPOSE AN USE: A commercial parking area expansion is proposed. Parking setback and buffer reductions are requested along the rear property boundaries. (Textual Statement) Recommend denial for the following reasons: REOMMENATION A. This setback and buffer exception results from proposed overdevelopment of the property and impairs effective land use transition to adjacent residential development. B. This request potentially sets a precedent for similar requests to seek the elimination of parking area setbacks and buffers between differing land uses. (NOTE: ONITIONS MAY BE IMPOSE OR THE PROPERTY OWNER(S) MAY PROFFER ONITIONS.) PROFFERE ONITIONS The Owner, which is owner of the property designated as hesterfield ounty Tax I containing a total of 3.3 acres ( Parcel -2 ), hereby voluntarily proffers for itself and its successors and assigns that, in the event the Owner s request for rezoning of Parcel -2 from -2 to -2 with UP is granted pursuant to the application of which this statement is a part, Parcel -2 will be subject to the following conditions: Providing a FIRST HOIE community through excellence in public service

2 ocation: 1. Master Plan for Parcel -2. The textual statement dated August 1, 2012, shall be considered the master plan with respect to Parcel -2. (P) 2. Additional Parking. A maximum of twenty (20) parking spaces shall be constructed along the rear property line of Parcel -2 adjacent to GPIN (P) 3. andscaping within Parcel -2. In the event parking spaces are constructed on Parcel -2 within the area labeled Proposed Parking Expansion as shown on the exhibit prepared by Townes Site Engineering, dated July 30, 2012, entitled Belvedere Retail enter Parking Expansion, a copy of which is attached hereto and made a part hereof (the Parking Expansion Plan ), existing landscaping shall be preserved to the maximum extent possible in the area denoted as andscape Area To Be Preserved as shown on the Parking Expansion Plan. A landscape plan depicting these requirements shall be submitted to the Planning epartment for review and approval in conjunction with any site plan review. (P) GENERA INFORMATION The request property fronts the north line of Robious Road, east of West Huguenot Road and is better known as Belvedere ista ane. Tax I Existing Zoning: Size: acres Existing and Use: ommercial Adjacent Zoning and and Use: North and West I-1; ight Industrial South -3 and R-MF; ommercial East R-MF with onditional Use Planned evelopment; Multi-family residential and office 2 12SN0242-AUG21-P-RPT

3 UTIITIES Public Utilities: The request site is currently connected to the public utility systems. This request will not impact the public utility systems. rainage and Erosion: Fire Service: ENIRONMENTA The subject property drains via tributaries to Falling reek. There are no problems with the proposed request; however, staff would like to point out that any impervious area added to the site will have to obtain water quality compliance with the hesapeake Bay requirements. The water quantity has been addressed through the previous design. PUBI FAIITIES The Bon Air Fire Station, ompany Number 4, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. ounty epartment of Transportation: This request will have no impact on these facilities. irginia epartment of Transportation (OT): This request will have no impact on these facilities. omprehensive Plan: AN USE The subject property is located within the boundaries of the Northern Area Plan, which suggests the property is appropriate for light industrial use. Area evelopment Trends: Area properties are characterized by a mix of zonings and land uses. Specifically, miniwarehouse facilities are located on the I-1 property to the north and west. Property to the south is zoned and developed for commercial and office uses. Adjacent property to the east has developed with multi-family residential uses. 3 12SN0242-AUG21-P-RPT

4 It is anticipated that existing land uses on properties to the north, east and west will continue, as is suggested by the Northern Area and Use Plan. The Huguenot/Robious/Midlothian Area Plan anticipates a mixture of integrated office parks, commercial, light industrial and/or higher density residential uses continuing to the south. Zoning History: On June 23, 1999 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved the rezoning to orporate Office () of a portion of the subject property which fronts on Robious Road (ase 99SN0253). A convalescent, nursing or rest home was planned; however, other orporate Office () uses were permitted. On June 26, 2002 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved the rezoning from orporate Office () to Neighborhood Business (-2) of the request property along with the rezoning of adjacent property to the east. (ase 02SN0214) On September 27, 2006 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved an amendment of conditional use planned development (ase 02SN0214) relative to the phasing of commercial development on the request property. (ase 06SN0314) Parking Setback and Buffer Reductions: The request property lies within the Emerging Growth Area. Within Emerging Growth Areas, the Ordinance requires a minimum rear yard setback of forty (40) feet for parking from the adjoining Multi-family Residential (R-MF) zoned property to the east (Tax I ) with the installation of Perimeter andscape. An exception is requested to reduce this setback to zero (0) feet to accommodate a parking expansion serving the existing retail shopping center (reference the attached exhibit). The request property is zoned Neighborhood Business (-2). The rear property line of the request site also serves as the zoning boundary to Multi-family Residential (R-MF) zoning located to the east. The Zoning Ordinance requires a fifty (50) foot buffer on commercially zoned property adjacent to a Multi-family Residential (R-MF) zoning district. This buffer was reduced to a width of fifteen (15) feet by the Planning ommission during the review and approval of the shopping center site plan (ase 07PR0181). An exception is requested to further reduce this buffer to zero (0) feet to accommodate a parking expansion serving the existing retail shopping center (reference the attached exhibit). A total of twenty (20) parking spaces are proposed on the request property. These additional parking spaces are not required to satisfy parking requirements of the ordinance. The shopping center is required to have 104 parking spaces based on ordinance requirements. Today, a total of 157 parking spaces are provided on the request site. The applicant s proposal would create a total of 177 parking spaces, seventy-three (73) parking spaces 4 12SN0242-AUG21-P-RPT

5 above the required amount. The applicant indicates that the additional parking is needed to accommodate the high parking demands of the anchor tenant, Firebirds Restaurant and improve the availability of on-site parking for the remainder of the retail center. The required buffer and parking area setback on the subject property provides horizontal distance and open space between residential and commercial uses. This buffer also provides a transition between different zoning districts, a reduction in noise and glare, and vertical screening. With this proposed parking setback and buffer reduction, the applicant will not be able to provide a transition between these residential and non-residential uses. andscape Preservation: An existing fifteen (15) foot buffer along the rear property line contains landscaping conforming to the requirements of one and a half (1.5) times Perimeter andscape. The applicant proposes removal of most of this buffer, retaining a small portion of the buffer that borders Belvidere ista rive (Proffered ondition 2, Exhibit). Preservation of this landscaping will provide limited screening for residents traveling to and from the multifamily development to the east. The remainder of the vegetative screening will be removed, which currently provides vertical screening for residents in the adjoining multi-family development. The applicant has also proffered to limit the number of new parking spaces within the rear yard setback and buffer area to no more than twenty (20) spaces (Proffered ondition 3). Architecture and esign: The project site is located within the Emerging Growth Area and is subject to architectural standards for new commercial development. However, no structural changes to the existing newly-constructed buildings are purposed. ONUSION In consideration of conditional use planned developments, the ordinance specifies that exceptions to development regulations should be solely for the promotion of an integrated plan that is no less beneficial to occupants of neighboring properties than would be obtained under adherence to ordinance requirements. It is staff s opinion that the requested parking setback and buffer exceptions are the result of property overdevelopment rather than an integrated plan of development. The proposed buffer removal will result in a lack of physical and visual separation between the proposed parking location and the adjacent multi-family residences to the east, which would provide no transition between these uses, as intended by ordinance standards. Further, this request potentially sets a precedent for similar requests to seek the elimination of parking area setbacks and buffers between differing land uses. Given these considerations, denial of this request is recommended. 5 12SN0242-AUG21-P-RPT

6 Textual Statement for The Shoppes at Belvedere, Zoning ase 12SN0242 August 1, 2012 Overall escription Approval is sought by application from The Shoppes at Belvedere,, dated June 11, 2012 (the Application ) for the rezoning of a total of 3.3 acres known as hesterfield ounty Tax Identification Number (the Property ) located at the northwestern corner of the intersection of Robious Road and Belvedere ista ane, on which Property is located a retail shopping center known as The Shoppes at Belvedere, from -2 to -2 with a onditional Use Planned evelopment to allow the installation of up to 20 additional parking spaces on the Property, as more particularly described in this Statement. Exceptions 1. A fifty (50) foot exception to the required fifty (50) foot buffer along the rear property line of the Property adjacent to GPIN This is an exception to Section (a) of the Zoning Ordinance. This buffer requirement was previously reduced to a fifteen (15) foot buffer by ase 07PR A forty (40) foot exception to the required forty (40) foot setback for parking areas along the rear property line of the Property adjacent to GPIN This is an exception to Section (d) of the Zoning Ordinance. 3. These areas of exception shall be located as generally shown on the exhibit titled, Belvedere Retail enter Parking Expansion, by Townes Site Engineering dated July 30, oc#

7 -2-3 Z -2 A E R-7 12SN0242.U.P.. -3 Z A TA IS Z N BEEERE IO U SR R OO KE R R R-15 BAAR OAKS Z A Z HUGUENOT ING OMMERIA IE P PARK KW Y 500 Feet GR EENSPRING R -3 Z -4 IRONAE R / 0 B RE E E E T R-12 RANBROOK Z K RANB EK TE R R-MF Z BRIARWOO HEARTH RO B S -2 A Z BE N RA ESQUIRE R Z TR GU IFOR O R I-1 Streams Z Z A R O Z Residential ERMAE SO Z RAI RN E H UT G HU O UEN Office RPA R -2 Industrial P K R-40 T SUGARBER ROBI R E A Agricultural ommercial AN BE R FT RO ER WI HI AN G BI K ZONING OA R W Z O PO H THE POINT AT BEGRAE NE STO R-40 Z egend N R-15 R-15 HE R FEAT R-25 N K R-MF 250 TROPHY UB AT BEGRAE BRIARWOO 500 G THE GARENS AT BEGRAE R POO PKWY SS IN R-25 Z O NE R HIANNE R E PKWY S ANNE TO ES GTON S PROMENA AIRI N R-40 AK AY HUGUENOT IAGE APTS R-7 BRIARMONT R A zc RE E E BE RO BIO US Z R TA S I AP S I M Aerial photos taken in 2009 RK A HI

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