PUP2019-00014 B. Hunt Gunter Staff Report for Board of Supervisors Public Hearing Prepared November 22, 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 zoning matter.

I. PUBLIC HEARINGS:

Planning Commission:

Board of Supervisors:

November 14, 2019 Recommended for Approval

December 10, 2019 Pending

II. IDENTIFICATION AND LOCATIONAL INFORMATION:

Request:

Existing Zoning:

Acreage:

Proposed Use:

Location:

Magisterial District:

Land Use Plan Recommendation:

Parcel Number:

Zoning of Surrounding Properties:

PUP2019-00014

Allow extended hours of operation to open at 5:00 a.m. for Victory Lady at Westland Shopping Center

B-3C Business District (Conditional)

Lease area= 7,500 square feet Parcel = 8.55 acres

Health Club

Located on the southwest line of W. Broad Street (U.S. Route 250) approximately 540' east of its intersection with Old Parham Road.

Tuckahoe

Commercial Arterial (CA)

Part of Parcel 762-753-9614

North: South: East: West:

8-1 Business District 8-3 Business District 8-3 Business District R-3 One-Family Residence District R-5 General Residence District

Page 1

Ill. SUMMARY OF STAFF REPORT COMMENTS:

This Provisional Use Permit (PUP) request would allow extended hours of operation for a new fitness facility within the Westland Shopping Center, located at 8099-A W. Broad Street. The shopping center is surrounded by commercial uses, except Larkwood Court subdivision to the southwest. The site is zoned B-3C Business District (Conditional) and governed by proffers accepted with C-38C-92. By proffer, the hours of operation are regulated by the B-2 zoning district which allows businesses to operate from 6:00 a.m. to midnight. Extended hours of operation are permitted with approval of a provisional use permit. The applicant is requesting to open at 5:00 a.m.

The 2026 Comprehensive Plan recommends Commercial Arterial for the subject site; this request is consistent with the Comprehensive Plan.

The proposed request would be compatible with the surrounding retail development and properly conditioned should not negatively impact nearby residential uses. Staff believes this would be a reasonable extension of commercial activity at this location and supports the request subject to the recommended conditions listed in Section IV of this report.

The Planning Commission recommended approval of this item during their November 14, 2019 meeting.

IV. LAND USE ANALYSIS AND IMPLICATIONS:

The tenant space is located within the Westland Shopping Center and situated along the southwestern line of the W. Broad Street. The tenant space is located in the northernmost portion of the shopping center. The applicant's 7,500 square foot lease area, identified on Exhibit A, is the only portion of the property to which the requested permit would apply.

The majority of the shopping center is zoned B-3C, Business District (Conditional) and currently governed by proffers accepted with C-38C-92. Proffers accepted with C-38C-92 limit hours of operation to be regulated by the B-2 zoning district, unless a provisional use permit is granted. Businesses located in the B-2 District are permitted by County Code to operate from 6:00 a.m. to midnight. The health club is requesting to operate at 5:00 a.m., one hour earlier than permitted by the County Code.

Surrounding zoning includes B-1 Business District to the north, B-3 Business District to the south and east, and R-3 One Family Residence District and R-5 General Residence District to the west. The retail to the east and south of the site are zoned unconditional B-3 and permitted to operate 24 hours a day by County Code.

The 2026 Comprehensive Plan recommends Commercial Arterial for the entire Westland Shopping Center, including the applicant's lease area. This request is consistent with the recommended designation.

Within the shopping center, there have been two previous provisional use permits granted for extended hours until 2:00 a.m.: Cinema & Drafthouse (P-012-91) and Mulligans Sports Grill (P-002-97). These businesses are no longer located in this shopping center.

If the provisional use permit is granted, Victory Lady intends to be open from 5:00 a.m. to midnight, being fully staffed while open. The applicant has already met with the Division of Police to have a security audit and lighting audit conducted resulting in recommendations to address in their security plan. This includes recommended conditions 4-8. This request is not to operate 24 hours a day, but rather to open one hour earlier. Staff believes the request for extended hours would

PUP2019-00014 Page 2

not be detrimental to the public health, safety, welfare and values in the area when properly developed and regulated.

Staff recommends approval of the request, subject to the following conditions:

1. All proffered conditions accepted with case C-38C-92 shall be made a part of this Provisional Use Permit.

2. This permit shall apply only to the Victory Lady tenant space as shown on Exhibit A, located at 8099-A W. Broad Street.

3. The daily hours of operation shall be limited to 5:00 a.m. to midnight.

4. The owner and/or operator of the establishment shall allow the crime Prevention Unit of the Division of Police to conduct a security survey of the location to identify potential security risks and to recommend additional prevention measures, if any, to be implemented by the business.

5. The owner and/or operator shall be responsible for the installation, operation, and maintenance of exterior security camera(s) and video system of professional grade and quality and rated for the exterior surveillance of retail operations. This security system shall at a minimum include:

a. Exterior surveillance cameras monitoring the entrance(s), parking area(s), and any other areas deemed necessary by the Division of Police. Such security cameras shall provide clear imagery of the establishment's patrons and their vehicles.

b. Recordings of all activities under surveillance shall be preserved for a period of one (1) month by the applicant or owner/operator. Authorized representatives of the Henrico County Division of Police shall have full and complete access to all recordings upon request.

6. The owner and/or operator of the establishment shall provide adequate lighting for the entrances, exits, and parking areas serving the business. Adequate lighting shall be defined as lighting sufficient for clear visual and security camera surveillance.

7. Windows shall not be tinted or obscured by advertisements, posters, blinds, and/or visual obstructions that inhibit or hinder exterior surveillance. The installation and use of light blocking devices during daylight hours shall be permissible if approved by the Crime Prevention Unit of the Police Division.

8. Extended hours of operation shall not result in loitering, criminal activity, traffic or public nuisance in the area surrounding the business. In the event that evidence (i.e. police calls to the premises or complaints) indicates the extended hours of operation are having an adverse effect (i.e. increased public nuisance, loitering, excessive noise outside the building, criminal assault, traffic, etc.) on the surrounding area, the Board of Supervisors may hold a public hearing to consider revoking the provisional use permit.

The Planning Commission recommended approval of this item during their November 14, 2019 meeting.

PUP2019-00014 Page 3

V. COMPREHENSIVE PLAN ANALYSIS:

Land Use Plan Recommendation: The 2026 Comprehensive Plan recommends Commercial Arterial (CA) for the property. The request is consistent with of this designation.

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

• Land Use and Community Character Objectives 41 : Promote public safety through the use of Crime Prevention Through Environmental Design (CPTED) methods.

• Retail/Commercial Keystone Policy #1 : Strongly encourage all Retail/Commercial development to meet quality standards related to site layout; building configuration , materials, massing, shape and height; landscaping; signage; parking lot aesthetics and functional design; vehicular and pedestrian circulation; lighting; stormwater management; environmental protection; mass transit access; and others.

• Retail/Commercial Keystone Policy #6: Strongly encourage redevelopment of existing Retail/Commercial areas which have become less competitive or obsolete due to market changes. Redevelopment should be encouraged to use existing public facility availability, prevent vacant structures and continue providing Retail/Commercial services to established neighborhoods in the county.

VI. PUBLIC SERVICE AND SITE CONSIDERATIONS:

Major Thoroughfare and Transportation: Traffic Engineering has no objections to this .request.

Drainage: No comments

Public Utilities Services: The existing shopping center is currently connected to County water and sewer. DPU has no objection to the applicant's request to allow extended hours of operation of a fitness facility

Schools: PUP2019-00014 does not involve the addition of any residential housing thus it does not have any educational impacts.

General Services No comments

Community Revitalization: No comments

Division of Fire: No comments

Division of Police: The Police Division performed a security audit of the property on September 3, 2019. A site lighting analysis was performed on October 10, 2019 at 8pm. The Police Division's primary concerns are regarding the owner/operator providing adequate lighting and surveillance, with a minimum of three

PUP2019-00014 Page 4

security cameras, capturing the parking areas surrounding the north, northeast and northwest sides of the gym. Capturing an individual's identity, clothing color, vehicle color and license plate could assist the Police Division with incidents that occur in the parking lot. Also, capturing the customer's path from their vehicle to the gym's front door is critical. Upgrading the site's lighting, from high pressure sodium (providing orange light) to a bulb that provides a white light (l ike metal halide or LED) to ensure adequate color rendition is provided, may be needed. The Police Division plans to meet with the owner/operator soon to discuss the site recommendations from the security audit.

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

Libraries: No issues with the request.

Topography and Land Characteristics Adaptability: There are no known topographic issues limiting this request.

PUP2019-00014 Page 5

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COMMONWEALTH OF VIRGINIA

COUNTY OF HENRICO

November 17, 1992

Virgil R. Hazelett, P.E. County Manager

Re: Conditional Rezoning Case C-38C-92 o-4,r, ~= C·~l/C•~I

Mr. Robert N. Fuleihan Raby Chase Company 204 Cyril Lane

c-ol 3 C.·1 I

Richmond, Virginia 23229

Dear Mr. Fuleihan:

The Board of Supervisors at its meeting on November 12, granted your request to conditionally rezone property from B-1 Business, B-3 Business and B-3C Business District (Conditional) to B-3C Business District (Conditional), Parcel 92-81-30, described as follows:

Beginning at a point, said point being 555 feet more or less from the south line of Old Parham Road; thence S. 35° 27' 15" E., for a distance of 753.65 feet to a point: thence S. 54° 32' 45" W., for a distance of 471.50' to a point: thence N. 35° 27' 15" W., for a distance of 311.35' to a point: thence N. 64° 26' 02" E., for a distance of 50.75' to a point; thence N. 35° 27' 15" W., for a distance of 638.17' to a point; thence 78° 29' 18" E., for a distance of 461.19' to a point, and being the point of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 8.55 acres.

The Board of Supervisors acc·epted the following proffered conditions which further regulate the above described property in addition to all applicable provisions of Chapter 22, Code of Henrico (Zoning Ordinance):

1.

2.

Ho1Jrs of Operation. The hours of operation shall be those permitted in a 8-2 District unless extended by a provisional use permit. Use Restrictions. The following uses shall not be permitted on the Property:

(a) adult book stores: (b) billiard or pool parlors; (c) establishments operated primarily as amusement or video game parlors: (d) mortuaries; (e) flea markets: (f) boat and boat trailer sales, service and storage: (g) mobile home sales, display and storage, or sales, rental, display and storage or

travel trailers, motor travel vans and campers and truck camper tops; (h) rifle or pistol range within a f_ully enclosed, air-conditioned and sound proof

building {i) sales or service or guns and firearms; (j) car and truck sales: or (k) shell houses or yard houses

(804) 672-4206 PARHAM & HUNGARY SPRING ROADS / P. 0. BOX 27032 / RICHMOND. VIRGINIA 23273 FAX (804) 672-4162

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Mr. Robert N. Fuleihan Reby Chase Company November 17, 1992

2

(i) No use as an automobile service station, filling station, car wash or body shop shalt be permitted on the property, except a minor maintenance and repair shop shalt be permitted on that portion of the property now an outparcel occupied by Jiffy Lube. .

3. Sjgnage. Signage on the Property shalt be restricted as provided for in a B-2 Business District in the Henrico County Zoning Ordinance. There shall only be one (1) freestanding sign on the property.

4. Landscaping. A landscape plan shall be submitted showing plantings in the grass area adjacent to W. Broad Street for administrative review and approval. Such plan shall provide for similar plantings on either side of the principle entrance to the property opposite fountain Square Shopping Center. Plantings approved must be installed no later than September 30, 1993.

5. Fences. Any fences located on the Property along the western boundary line (rear) of the Property shall be maintained in good repair by the owner. ·

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

cc: Clerk, Board of Supervisors Director, Real Estate Assessment Conditional Zoning Index Mr. Ralph L. Axselle, Jr., Esquire

Sincerely,

#~tU~r Virgil R. Hazelett, P.E., County Manager

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Zoning Hours of Operation

Tuckahoe District

400 0 Feet

2026 Land Use Plan Hours of Operation

Tuckahoe District

400 0 Feet