R.henrico.us/pdfs/planning/minutes/pod/jun15pod.pdf · This is a part of a POD 143 for Blair Building at Forest Office Park, which was formerly Koger Executive Center. Staff 144 recommends

l

Minutes of the regular monthly meeting of the Planning Commission of Henrico County 2 held in the County Administration Building in the Government Center at Parham and 3 Hungary Springs Roads beginning at 9:00 a.m. Wednesday, June 24, 2015. 4

5

Members Present: Mr. Robert H. Witte, Jr., Chairman (Brookland) Mr. C. W. Archer, C.P.C. , Vice-Chairman (Fairfield) Mr. Tommy Branin , (Three Chopt) Mrs. Bonnie-Leigh Jones, C.P.C. (Tuckahoe) Mr. Eric Leabough , C.P.C ., (Varina) Mr. R. Joseph Emerson, Jr. , AICP,

Director of Planning , Secretary Mrs. Patricia S. O'Bannon,

Board of Supervisors' Representative

Others Present: Ms, Jean Moore, Assistant Director of Planning Ms. Leslie A News, PLA, Principal Planner Mr. Kevin D. Wilhite , C.P.C., AICP, County Planner Mr. Michael F. Kennedy, County Planner Ms. Christina L. Goggin, AICP, County Planner Mr. Tony Greulich , C.P.C. , County Planner Mr. Matt Ward , County Planner Mr. Gregory Garrison, AICP, County Planner Mr. Lee Pambid , C.P.C. , County Planner Ms. Aimee B. Crady, AICP, County Planner Ms. Logan Hamilton, Office Assistant/Record ing Secretary

6 Mrs. Patricia S. O'Bannon, the Board of Supervisors' representative, abstains on 7 all cases unless otherwise noted. 8

9 Mr. Witte - Welcome to the June 24th meeting of the Planning 10 Commission. This is our Subdivisions and Plans of Development hearing. I ask that you 11 silence or turn off your cell phones. And while doing that, please stand with us for the 12 Pledge of Allegiance. 13

14 All members are present. We have with us Mrs. O'Bannon this year as a representative 1s from the Board of Supervisors. Thank you for being with us. Do we have any media in the 16 audience? No? Mrs. O'Bannon. 17

18 Mrs. O'Bannon - Thank you , Mr. Chairman. I would like to introduce a young 19 lady, Claire Galvin . She's sitting up here with us today. She is a rising senior at Glen Allen 20 High School , and she is working on an internship here at the County this summer. Henrico 21 County has just received a major award from the National Association of Counties for our 22 ongoing internship program where we have high school seniors, college-age students, and 23 post-grad students who come in and shadow different people in different departments of 24 the County. It helps them understand County government. And I would like to toss out s there, too, many of them have been hired later on by the County. This is a wonderful

June 24, 2015

26 program, and you could let some folks know. But Ms. Galvin is here this morning , 21 observing , because she's shadowing me for the next couple of days and will be shadowing 28 some other folks , too , in the next week or two. Thank you . 29 30 Mr. Witte - Thank you for being here. 31

32 Ms. Galvin - Thank you for having me. 33

34 Mr. Witte - With that we'll turn the meeting over to Mr. Emerson. 35

36 Mr. Emerson - Thank you , Mr. Chairman. First on your agenda today are the 37 requests for deferrals and withdrawals . Those will be presented by Ms. Leslie News. 38

39 Ms. News - Thank you , Mr. Secretary. Good morning , members of the 40 Commission . We have received two requests for deferral this morning . The first is on page 41 7 of your agenda and located in the Three Chopt District. This is POD2015-00094, 42 Innsbrook Commercial at 4101 Dominion Boulevard . The applicant has requested a 43 deferral to the July 22 , 2015 meeting . 44

45

46 (Deferred from the May 27, 2015 Meeting) 47 PLAN OF DEVELOPMENT AND LIGHTING PLAN 48

49

POD2015-00094 Innsbrook Commercial at 4101 Dominion Blvd -4101 Dominion Blvd

Timmons Group for Doswell Properties, Inc. and Dominion GA, LLC: Request for approval of a plan of development and lighting plan, as required by Chapter 24, Section 24-106 of the Henrico County Code, to demolish an existing one-story retail building , and construct a one-story 14,610 square foot building containing 4,200 square feet of medical office, 3,400 square feet of retail , and 7,010 square feet of restaurant with one drive-through facility. The 2.37-acre site is located at the northeast corner of the intersection of W. Broad Street and Dominion Blvd. , on parcel 747-760-6472. The zoning is B-2C, Business District. County water and sewer. (Three Chopt)

50 Mr. Witte - Is there anyone in the audience in opposition to the deferral of 51 POD2015-00094, Innsbrook Commercial at 4101 Dominion Boulevard? I see none. 52

53 Mr. Branin - Mr. Chairman , I'd like to move that POD2015-00094, 54 Innsbrook Commercial at 4101 Dominion Boulevard , be deferred to the July 22nd meeting 55 per the applicant's request. 56

57 Mr. Leabough - Second. 58

June 24, 2015 2 Plann ing Commission - POD

9 Mr. Branin - We have a motion by Mr. Branin , a second by Mr. Leabough . 60 All in favor say aye. All opposed say no. The ayes have it; the motion passes. 61

62 At the request of the applicant, the Planning Commission deferred POD2015-00094, 63 Innsbrook Commercial at 4101 Dominion Boulevard , to its July 22, 2015 meeting. 64 65 Ms. News - The second item is found on page 11 of your agenda and is 66 located on the Fairfield District. This is POD2015-00111 , Our Store Furniture Store. The 67 applicant has requested a deferral to the July 22, 2015 meeting. 68

69 (Deferred from the May 27, 2015 Meeting) 10 PLAN OF DEVELOPMENT 71

72

POD2015-00111 Our Store Furniture Store - 837 Azalea Avenue

Advanced Engineering, LLC for S & L Creative Visions, LLC: Request for approval of a plan of development, as required by Chapter 24, Section 24-106 of the Henrico County Code, to construct a 1,238 square foot furniture showroom building. The 0.303 acre site is located along the southern line of Azalea Avenue at its intersection with Crenshaw Avenue, at the City-County Boundary line on parcels 788-744-0451and 788-744-1549. The zoning is B-2 Business District. County water and sewer. (Fairfield)

3 Mr. Witte - Is there anyone in opposition to the deferral of POD2015-74 00111 , Our Store Furniture Store? I see none, Mr. Archer. 75

76 Mr. Archer - Mr. Chairman , I move for the deferment of POD2015-00111 , 77 Our Store Furniture Store, to the July 22nd meeting at the applicant's request. 78 79 Mrs. Jones - Second . 80 81 Mr. Witte - We have a motion by Mr. Archer, a second by Mrs. Jones. All 82 in favor say aye. All opposed say no. The ayes have it; the motion passes. 83 84 At the request of the applicant, the Planning Commission deferred POD2015-00111 , Our 85 Store Furniture Store, to its July 22, 2015 meeting. 86

87 Ms. News - Staff is not aware of any further requests . 88

89 Mr. Emerson - Mr. Chairman, we now move on to the expedited agenda, 90 which will also be presented by Ms. Leslie News. 91

92 Ms. News - There are three items on expedited agenda this morning. The 93 first item is on page 3 of your agenda and located in the Varina District. This is a transfer 94 of approval for POD-120-89, KFC, formerly Kentucky Fried Chicken . Staff recommends

5 approval.


96 97 TRANSFER OF AP PROV AL 98

99

POD-120-89 POD2014-00211 KFC (Formerly Kentucky Fried Chicken) - 4821 Williamsburg Road (U.S. Route 60)

Will Mims for National Retail Properties, LP: Request for transfer of approval as required by Chapter 24, Section 24-106 of the Henrico County Code from Williamsburg Road Limited to National Retail Properties, LP. The 0.923-acre site is located at the southwest corner of the intersection of Williamsburg Road (U .S. Route 60) and Robins Road and on the east line of S. Laburnum Avenue, on parcel 816-713-7373. The zoning is B-3 Business District and ASO Airport Safety Overlay District. County water and sewer. (Varina)

100 Mr. Witte - Is there anyone in opposition to POD-120-89 (POD2014-101 00211 ), KFC (formerly Kentucky Fried Chicken)? I see none. 102

103 Mr. Leabough - There being no opposition , I move that the transfer request for 104 POD-120-89 (POD2014-00211), KFC (formerly Kentucky Fried Chicken), be approved. 105

106 Mr. Archer - Second . 107

108 Mr. Witte - We have a motion by Mr. Leabough, a second by Mr. Archer. 109 All in favor say aye. All opposed say no. The ayes have it; the motion passes. 110

111 The Planning Commission approved the transfer of approval request for POD-120-89 112 (POD2014-00211), KFC (formerly Kentucky Fried Chicken) , from Williamsburg Road 113 Limited to National Retail Properties, LP, subject to the standard and added conditions 114 previously approved . 115

116 Ms. News - The next item is on page 5 of your agenda and located in the 111 Tuckahoe District. This is a transfer of approval for POD-72-83, Burger King . Staff 118 recommends approval. 119

120 TRANSFER OF APPROVAL 121

122

123

POD-72-83 POD2013-00112, POD2013-00118, and POD2013-00119 Burger King - 1013 N. Parham Road (POD-117-77 and 03-83 Rev.)

June 24, 2015

Daniel A. Gonzalez for Burger King Corporation: Request for transfer of approval as required by Chapter 24, Section 24-106 of the Henrico County Code from Atlantic Richfield , Marriott Corporation , and Richmond King, Inc. to Burger King Corporation . The 0.8-acre site is located at the southeast corner of the intersection of N. Parham Road and Patterson Avenue (State Route 6) , on parcel 753-741-5226. The zoning is B-2C, Business District (Conditional) . County water and sewer. (Tuckahoe)

4 Plann ing Commission - POD

· 4 Mr. Witte - Is there anyone in opposition to POD-72-83 (POD2013-00112, ~ 5 POD2013-00118, and POD2013-00119) Burger King? Mrs. Jones.

126

121 Mrs. Jones - I move approval of the transfer of approval for POD-72-83 128 (POD2013-00112, POD2013-00118, and POD2013-00119) Burger King , at 1013 North 129 Parham Road . 130 131 Mr. Archer - Second. 132

133 Mr. Witte - We have a motion by Mrs. Jones, second by Mr. Archer. All in 134 favor say aye. All opposed say no. The ayes have it; the motion passes. 135

136 The Planning Commission approved the transfer of approval request for POD-72-83 137 (POD2013-00112 , POD2013-00118, and POD2013-00119) Burger King , from Atlantic 138 Richfield , Marriott Corporation, and Richmond King , Inc. to Burger King Corporation , 139 subject to the standard and added conditions previously approved . 140 141 Ms. News - The final item is on page 6 of your agenda and located in the 142 Three Chopt District. This is a transfer of approval for POD-98-73. This is a part of a POD 143 for Blair Building at Forest Office Park, which was formerly Koger Executive Center. Staff 144 recommends approval. 145

146 TRANSFER OF APPROVAL .7

148 149

POD-98-73 (pt.) POD2015-00079 Blair Building at Forest Office Park (Formerly Koger Executive Center) -8007 Discovery Drive

William Homiller for Blair Building, LLC: Request for transfer of approval of a portion of a plan of development as required by Chapter 24, Section 24-106 of the Henrico County Code from Kroger Properties, Inc., The Koger Partnership, Ltd ., Koala Richmond Realty Holding Co. , Inc., and Forest Park Associates , LLC, to Blair Building , LLC. The 2.48-acre site is located along the southern line of Discovery Drive, approximately 360 feet west of Forest Avenue, on parcel 759-744-0883. The zoning is 0-2, Office District. County water and sewer. (Three Chopt)

150 Mr. Witte - Is there anyone in opposition the transfer of approval for POD-151 98-73 (pt.) (POD2015-00079), Blair Building at Forest Office Park (formerly Koger 152 Executive Center)? I see none. 153

154 Mr. Branin - Mr. Chairman , I'd like to move the transfer of approval for POD-155 98-73 (pt.) (POD2015-00079), Blair Building at Forest Office Park (formerly Koger 156 Executive Center) , be approved on the expedited agenda. 157 158 Mr. Archer - Second .

9

June 24, 2015 5 Planning Commission - POD

160 Mr. Witte - We have a motion by Mr. Branin , a second by Mr. Archer. All 161 in favor say aye. All opposed say no. The ayes have it; the motion passes. 162

163 The Planning Commission approved the transfer of approval request for POD-98-73 (pt.) 164 (POD2015-00079) , Blair Building at Forest Office Park (formerly Koger Executive Center) , 165 from Kroger Properties, Inc., The Koger Partnership, Ltd ., Koala Richmond Realty Holding 166 Co. , Inc., and Forest Park Associates, LLC, to Blair Building , LLC, subject to the standard 167 and added conditions previously approved. 168

169 Ms. News -170

That completes our expedited agenda.

111 Mr. Emerson - Mr. Chairman , we now move on to the next item on your 112 agenda, which are the Subdivision Extensions of Conditional Approval. Those will be 173 presented by Mr. Lee Pambid . 174

175 SUBDIVISION EXTENSIONS OF CONDITIONAL APPROVAL 176 FOR INFORMATIONAL PURPOSES ONLY 177

178 Original

Remaining Previous Magisterial Subdivision No. of Lots Lots Extensions District

SUB2011-00042 (SUB-005-11 ) Townes at 131 86 3 Varina Oakley's Bluff (June 2011 Plan)

179

Recommended Extension

6/24/2016

180 Mr. Pambid - Good morning . This map indicates the location of one 181 subdivision that is presented for an extension of conditional approval. It's eligible for a one-1 s2 year extension to June 24, 2016. This is for informational purposes only and does not 183 require Commission action at this time. This concludes my presentation. Staff can now 184 field any questions you may have regarding this. 185

186 Mr. Witte -187

188 Mr. Pambid -189

Any questions? Thank you , sir.

You 're welcome.

190 Mr. Emerson - Mr. Chairman , we now move into your regular agenda, page 4, 191 for POD-66-00 (POD2015-00017) , W . Richard Hairfield for Howard J. Varinsky and Leslie 192 W . Gould , Trustees. The staff report will be presented by Ms. Aimee Crady. 193

194

195

196

197

198


9 TRANSFER OF APPROVAL 0

20 1

POD-66-00 POD2015-00017 Jiffy Lube Store #2906 (Formerly Jiffy Lube) -5710 W. Broad Street (U.S. Route 250)

W. Richard Hairfield for Howard J. Varinsky and Leslie W. Gould, Trustees: Request for transfer of approval as required by Chapter 24, Section 24-106 of the Henrico County Code from JTAC 244, LLC to Howard J. Varinsky and Leslie W. Gould Trust. The 0.59-acre site is located at the northeast corner of the intersection of Libbie Avenue and W. Broad Street (U .S. Route 250), on parcel 771-739-7295. The zoning is B-3, Business District. County water and sewer. (Brookland)

202 Mr. Witte - Is there anyone in opposition to POD-66-00 (POD2015-203 00017) , Jiffy Lube Store #2906 (formerly Jiffy Lube)? Ms. Crady, thank you. 204

205 Ms. Crady - Good morning. The Jiffy Lube location at the corner of Libbie 206 Avenue and West Broad Street has completed work to ensure continued compliance with 201 conditions of the original approval , including replacement of missing landscaping as well 208 as pavement markings. Staff recommends approval of the transfer request. 209

210 Mr. Witte - Any questions by the Commission? I move that transfer of 2 11 approval POD-66-00 (POD2015-00017), Jiffy Lube Store #2906 (formerly Jiffy Lube) , be

2 approved as presented subject to the previously approved conditions and annotations on 3 the plans.

214

215 Mr. Archer - Second. 2 16

2 11 Mr. Witte - We have a motion by Mr. Witte, a second by Mr. Archer. All in 2 18 favor say aye. All opposed say no. The ayes have it; the motion passes. 219

220 The Planning Commission approved the transfer of approval request for POD-66-00 22 1 (POD2015-00017) , Jiffy Lube Store #2906 (formerly Jiffy Lube), from JTAC 244, LLC to 222 Howard J. Varinsky and Leslie W. Gould Trust, subject to the standard and added 223 cond itions previously approved . 224

225 Mr. Emerson - Mr. Chairman , we now move to page 9 of your agenda for 226 POD2015-00133, Timmons Group for Talley Family Limited Partnership and MGP Retail 221 Consulting , LLC. The staff report will be presented by Ms. Aimee Crady. 228

229

230

231

232

233

234


236 (Deferred from the May 27, 2015 Meeting) 237 PLAN OF DEVELOPMENT AND LIGHTING PLAN 238

239

POD2015-00133 MGP Retail Grocery Store - 5110 S. Laburnum Avenue

Timmons Group for Talley Family LTD Partnership and MGP Retail Consulting, LLC: Request for approval of a plan of development and lighting plan , as required by Chapter 24, Section 24-106 of the Henrico County Code, to demolish an existing car dealership building and construct a one-story, 36 , 170-square-foot retail grocery store. The 4.63-acre site is located on the west line of S. Laburnum Avenue, approximately 250 feet south of Williamsburg Road (U .S. Route 60) , on part of parcel 816-713-3624. The zoning is M-1 Light Industrial District, and ASO Airport Safety Overlay District. County water and sewer. (Varina)

240 Mr. Witte - Is there anyone in opposition to POD2015-00133, MGP Retail 241 Grocery Store? I see none. Ms. Crady. 242

243 Ms. Crady - Good morning. The redevelopment of this site will feature a 244 newly constructed 36, 170-square-foot grocery store. Plans continue to be coordinated with 245 the site plan for the Bill Talley Ford addition to the south , which was approved by the 246 Planning Commission at the March 25 , 2015, meeting . The plan provides for widening and 247 the additional of sidewalk for the entire frontage of South Laburnum Avenue for the site, 248 as well as pedestrian connections throughout the parking lot and into the site. 249

250 The proposed building is primarily brick with pilasters, an arched standing seam metal 251 roof, and clerestory windows with light glazing . The masonry screen walls are provided 252 adjacent to the loading dock, as you can see on this elevation . And another masonry 253 screen along the cart corral at the main entrance is provided. This will screen views of the 254 truck deliveries and provide an attractive receptacle for the carts. Landscape islands are 255 provided on the layout plan and widened around this dumpster corral to provide additional 256 planting area. And the streetscape landscape area width is adequate for any type of 257 planting that may be needed to screen the loading dock from view. 258

259 A lighting plan is also included for approval with the POD, and it demonstrates lighting 260 from concealed-source fixtures , LED type, and providing adequate and appropriate 261 security level lighting throughout the site. 262

263 Staff recommends approval subject to the annotations on the plan, the standard conditions 264 for developments of this type, and conditions 11 Band 29 through 34 in the agenda. Noah 265 Bachow is here with MGP Retail, as well as Ryan Ritterskamp and Junie West with 266 Timmons Group. Ryan Doherty the architect, is also here in attendance. And they can 267 answer any questions you may have of the applicant. I'd be happy to answer any questions 268 you may have of staff. 269

210 Mr. Witte - Do we have any questions?


2 Mr. Leabough - I have a question. Ms. Crady, can you point to the loading dock 273 area and explain why it's oriented towards the street as opposed to the Bill Talley Ford 274 property to the left? 275

276 Ms. Crady - It may be beneficial for the applicant to explain , but it's staff's 277 understanding that the front of the house as shown on this floor plan is actually the back 278 of the house, which is not typical of a normal grocery store that we see around here. 279 Generally we've had the loading dock in the rear. In this instance, their operations work 280 better this way, and this was their preference. Staff asked for mitigation of the views by 281 providing this eight-foot screen wall which is in addition to the four-foot drop down into the 282 loading dock. So the applicant and the architect are confident that the truck screening will 283 be adequate. In addition , because this is not standard , we had asked for the additional 284 landscape island. And the dumpster corral being located in this location will also provide 285 unconventional screening, but will be effective. 286

287 Mr. Leabough - You have the entrance area there. 288

289 Ms. Crady - At the northeast corner here is the entrance. 290

291 Mr. Leabough - No, no, no. The ingress and egress. 292

93 Ms. Crady - Yes. 4

295 Mr. Leabough - You still will be able to see the loading dock. 296

297 Ms. Crady - That's an existing curb cut, yes, so they kept that. 298

299 Mr. Leabough - Okay. Thank you. 300

301 Mr. Witte - Any other questions? 302

303 Mr. Leabough - I'd like to hear from the applicant, Mr. Witte, please. 304

305 Mr. Witte - Would the applicant come forward , please? 306

307 Mr. Leabough - Whoever can answer the question about screening . 308

309 Mr. Ritterskamp - Ryan Ritterskamp from the Timmons Group. 310

311 Mr. Leabough - My question is, Mr. Ritterskamp-my concern is, I should say, 312 the loading dock area actually faces Laburnum, which is highly visible as far as traveling 313 north and south. Talk about how you can mitigate that because it's a huge concern for me. 314 The other thing is that the dumpster is located right on Laburnum. 315


316 Mr. Ritterskamp - Yes sir. During the planning process and the preliminary plans, 317 that concern was expressed by staff. What we worked out is to put the dumpster there to 318 provide the dumpster enclosure to screen the view of the loading dock. We've also 319 expanded the landscaping islands in that area so we can screen the loading dock with 320 landscaping. 321

322 Mr. Leabough - Could you zoom in , Ms. Crady? If you 're traveling I guess it 323 would northbound on Laburnum, please point out the expanded landscape area if you 're 324 traveling north. 325

326 Mr. Ritterskamp - If you 're traveling north , which is this direction on Laburnum, 327 there is landscape screening in this area and also this expanded island and this large 328 island. Plus around the dumpster enclosure we removed parking spaces and provided 329 areas for screening on both sides in addition to the nearly 15-foot-wide strip between the 330 sidewalk and the parking spaces. 331

332 Mr. Branin - May I ask a question? 333

334 Mr. Leabough - Sure, of course. 335

336 Mr. Branin - Mr. Ritterskamp, why? Why are you putting the dumpster out 337 on Laburnum? Why are putting a loading dock out on Laburnum? You can reorient your 338 building to put that stuff in the back. Have you ever in Henrico County seen a dumpster 339 out on the street? 340

341 Mr. Ritterskamp - No, it's not typical. In the preliminary planning on this process, 342 that was something that we've added to add additional screening. 343

344 Mr. Branin - And I hear you saying we've put in additional. Why are the 345 dumpsters on a major thoroughfare instead of in the rear on the back side of the building , 346 tucked away where people won 't see it? 347

348 Mr. Ritterskamp - On this site-I think I can speak for the owner-we would be 349 amenable to moving the dumpsters to the rear. I think it was an additional screening 350 measure that had been talked about with Planning . But if Planning is okay with moving 351 those to the rear, we would be fine with moving the dumpsters. 352

353 Mr. Leabough - So how wou ld you handle screening that loading area? It's still 354 a huge concern. Why not orient the loading area to the south , not to the front of the 355 building? 356

357 Mr. Ritterskamp - If we did move the dumpsters, we would have increased 358 landscaping screening in that area. As far as the loading dock facing forward , I'll have the 359 architect and the owner talk about the building and the way it's situated . 360


Mr. Waldron - My name is Pat Waldron with MGP Retail. We only have one 2 prototype right now, and that's the only place the loading dock works for us. So we're

363 happy to work the County to screen it as much as possible. Like Ryan said , move the 364 dumpsters, if that's preferable. But that's the only way we can construct the store. 365

366 Mr. Leabough - That's the only way you can or choose? 367

368 Mr. Waldron - It's the only prototype we have right now. 369

370 Mr. Leabough - I still have a huge concern , so tharik you . I appreciate it. I think 371 this needs some more work. 372

373 Mrs. Jones - Excuse me. Just to make sure I understand this. The reason 374 that the dumpster is there is to help screen the loading dock. The reason the loading dock 375 is there is because that's the only thing that they can do. 376

377 Mr. Leabough - That's the only thing they choose to do. 378

379 Mrs. Jones - Yes. I don't accept that's the only thing they can do. 380

38 1 Mr. Branin - They don't own pens or paper. 382

3 Mrs. Jones - Well , all right. I just wanted to make sure I understood the <i reason. I think maybe a second look at the prototype might be in order.

385

386 Mr. Leabough - Exactly where I was headed , Mrs. Jones. Thank you for that. 387 Thank you . I have no further questions. 388

389 Mr. Ritterskamp - As another alternative to keeping this design, we could 390 investigate the option of adding a set of gates or a roll-up door in front of that loading dock 391 so that when trucks are in there during normal operation hours those are always down. 392 And they would only be opened to allow trucks to come into the loading dock area. 393 394 Mr. Leabough - I think we can take some time to look at various options. Thank 395 you. Are there any other questions? 396


399 Mr. Leabough - Being that there are no other questions, I move that-would 400 you all like to defer this or would you like for me to do it? I'm going to defer it, so it's either 401 your choice to defer it or it's my choice. 402

403 Mr. Ritterskamp - We will defer it. 404

405 Mr. Leabough - All right. So I move that POD2015-00133, MGP Retail Grocery Store, Laburnum Avenue, be deferred at the applicant's request to July 22nd.


407

408 Mrs. Jones - Second. 409

4 10 Mr. Witte - We have a motion by Mr. Leabough , a second by Mrs. Jones. 411 All in favor say aye. All opposed say no. The ayes have it; the motion passes. 4 12

413 At the request of the applicant, the Planning Commission deferred POD2015-00133, MGP 414 Retail Grocery Store, to its July 22, 2015 meeting. 415

416 Mr. Emerson - Mr. Chairman , we now move on to page 13 of your agenda and 4 17 also page 1 of your amended agenda for SUB2015-00061 , Townes Site Engineering for 41 8 Garnet Hollybrook Avenue Real Estate, LLC and Carriage Homes at Parham, LLC. The 419 staff report will be presented by Mr. Kevin Wilhite . 420

421 SUBDIVISION 422

423

SUB2015-00061 Carriage Homes at Parham Place (June 2015 Plan) - 7814 E. Parham Road - 187 Lots

Townes Site Engineering for Garnet Hollybrook Avenue Real Estate, LLC and Carriage Homes at Parham, LLC: The 31 .66-acre site proposed for 187 residential townhouses for sale is located along the north line of E. Parham Road and the east line of Hollybrook Avenue, approximately 950 feet east of the intersection of W. Broad Street (U .S. Route 250) and E. Parham Road , on parcels 762-755-3882, 763-755-1261 , and 763-756-4328. The zoning is RTHC Residential Townhouse District (Conditional) . County water and sewer. (Brookland) 187 Lots

424 Mr. Witte - Is there anyone in opposition to SUB2015-00061 , Carriage 425 Homes at Parham Place (June 2015 plan)? We have one. You can have a seat; we'll call 426 you . Thank you . Mr. Wilhite. 427 428 Mr. Wilh ite - Thank you , Mr. Chairman . In your addendum packet this 429 morning , you received some revised plans that show the lots in a larger layout so they're 430 more legible. The revised plan also addresses some staff concerns. It reflects the 431 dedication of twelve feet of right-of-way along Parham Road . Also, additional information 432 was provided to address water quality concerns, to demonstrate the project layout will 433 work. 434

435 The revised plans provide more detail. It's annotated on the plan that some additional 436 common area would need to be provided between Hollybrook and the lots. The lots shown 437 on the plan actually front on Hollybrook, which changes the setback requirements. By 438 pulling the lots off Hollybrook Avenue, that allows the front yard to be interior to the site 439 and the rear yard provided against Hollybrook. 440


One of the biggest issues concerning this development was remote access. As it turns out 2 now, two points of access are being provided . They both come out to Parham Road ,

443 separated only by less than 200 feet between the two, which does not satisfy the typical 444 standards we have for remote access into the site. By virtue of the fact that access to 445 Hollybrook was eliminated during the rezoning process, the only viable alternative was to 446 try to get a connection internally between the site over on this side into the parking area 447 behind the bank office building . The developer did contact the owners of the property 448 making that request and were turned down as far as being able to connect to that parking 449 lot over there. So we're left with just the two points of access onto Parham Road . By virtue 450 of the fact that there were no other viable alternatives that we could identify, staff has 451 removed their concerns about access location and at this point are willing to recommend 452 approval of the site plan . 453

454 Mr. Witte - Any questions for Mr. Wilhite? Mrs. Jones, you look like you 're 455 going to say something. 456

457 Mrs. Jones - I'm sorry that there wasn't something that could be worked out 458 with the bank property because that was a key element. I remember discussing at the 459 rezoning that this was a distinct possibility, and I'm a little concerned about that. What 460 you're saying is that there literally is no other option . 461

462 Mr. Wilhite - That was the only spot that looked like it logically would be able 463 to connect. And we did ask the applicant to contact the owner specifically to try to get a

4 connection . He did provide evidence to us that he did make the attempt. And he was 465 rejected in writing . 466

467 Mr. Leabough - I agree with you, Mrs. Jones. I think that was a major point that 468 was provided at the rezoning meeting . And I shared my concerns regarding this area, 469 having traveled it when I worked at the County years ago. I'm just concerned . 470

471 Mr. Wilhite - I would add that from a practical standpoint, although there are 472 a number of connections to the existing drive aisle on the other side of the bank building , 473 that all funnels down to Parham Road, if this area was ever blocked , more than likely 474 people would be able to access through the parking lot in the rear. And that would not be 475 necessarily legal access, but from a practical standpoint, that would more than likely what 476 would happen in an emergency situation. 477

478 Mr. Witte - Just above where your mark is there, there is access coming 479 in there, right? 480

481 Mr. Wilhite - Along this drive aisle here? 482

483 Mr. Witte - Right. Next to that whole parking lot. 484


485 Mr. Wilh ite - There are potentially four points of access, but they all funnel 486 down towards Parham Road . So in the end , both of those two access points are within 487 about 200 feet of each other along Parham, here and here. 488

489 Mrs. Jones - Would the bank have the option to block those off? 490

49 1 Mr. Witte - No. 492

493 Mr. Wilhite - The appl icant actually has legal access to the drive aisle on the 494 bank property here. So he does have the ability to come out onto the bank property and 495 come down to Parham Road in the secondary point of access. He does not have legal 496 access to cross through the parking lot in the rear of the office building. But as a practical 497 matter, that would probably be what would happen if the entrances at Parham Road were 498 ever blocked. 499

500 Mrs. Jones - Oh boy. 501

502 Mr. Witte - Any other questions? I see we have a representative from the 503 Fire Department. Can we have Mr. Rosenbaum come down and answer a few questions, 504 please? 505

506 Mr. Rosenbaum - Good morning . Henry Rosenbaum serving as a fire marshal for 507 the Division of Fire. 508

509 Mr. Witte - Let me ask you a question . In the event of a fire or an 510 evacuation , would it be reasonable to assume that the fire department would utilize that 511 whole parking lot to access the apartments on the other side? 512

513 Mr. Rosenbaum - In the bank parking lot area here, in an emergency situation if 514 we needed access for an aerial truck or any type of fire apparatus, we would take 515 possession or park our apparatus in that parking lot. 516

517 Mr. Witte - And the same thing on Hollybrook for those in that area? 518

519 Mr. Rosenbaum - Correct, yes sir, if the terrain and features would allow. I believe 520 in Hollybrook, we're truly backed up with houses along here too, so. It would create more 52 1 of an obstacle to go from Hollybrook to get into this area as opposed to from this open 522 parking lot area going to the west. 523

524 Mr. Witte - But in the event that the issue was on Hollybrook, you could 525 access the majority of those in that area, correct? 526

527 Mr. Rosenbaum - Let me just make sure I'm understanding correctly. 528

529 Mr. Witte - If there was an issue in that area where your house is or around 530 the corner, you could reasonably access all those units from Hollybrook.


1 2 Mr. Rosenbaum - Yes. I mean, we would , obviously, park our apparatus and

533 have to go through a yard or through a fence or something like that. So yes sir. 534 535 Mr. Witte - Okay. So for fire department purposes, and I would imagine 536 police, all the open area there is available for their access in case of emergency. 537

538 Mr. Rosenbaum - Yes sir. 539 540 Mr. Witte - All right. Would it also be fair to assume that in the event of an 541 emergency, people that couldn 't vacate by vehicle could come into the parking lot there? 542

543 Mr. Rosenbaum - They would be able to walk out, yes sir. 544

545 Mr. Witte - Okay. 546

547 Mr. Rosenbaum - They would not be able to drive out as long as there's-I'm 548 sure there's some type of landscape feature or elevation difference, but you wouldn 't be 549 able to drive a vehicle to get out. 550

551 Mr. Witte - Okay. 552

3 Mr. Rosenbaum - If we were to have this road up here blocked on the north side. 4

555 Mr. Witte - So the fire department has no issue with that? 556 557 Mr. Rosenbaum - In our initial conversation , we requested that access here, even 558 for an emergency access with a gate that's locked . It would not be an everyday use, but 559 would be for emergencies. But we accept the applicant has reached out and tried to get 560 that permission . In an ideal situation, we'd like to see some type of emergency access 561 gated there so that-because the potential is if this road is blocked by fire apparatus and 562 hose on the ground , you do stand the chance of all of these occupants' vehicles being 563 contained in that area for an extended period of time, which could be hours. 564

565 Mr. Witte - Okay. Any other questions for Mr. Rosenbaum? Yes ma'am. 566

567 Mrs. Jones - The understanding that this community would not in any way 568 have access to Hollybrook, when you say that you could reach some of these from 569 Hollybrook by going through yards and fences and this kind of thing , that has to be just a 570 last priority scenario. 571

572 Mr. Rosenbaum - It would . Our primary access would be along the paved road 573 that's within the subdivision. If for some reason we needed to get another hose line or 574 some type of equipment-not equipment, but some type of people or hand equipment that 575 we could access through a yard , we would always seek out any available options.

6


577 Mrs. Jones - O_kay. And there is nothing along Hollybrook that is gated. It is 578 all completely cut off. 579

580 Mr. Rosenbaum - That's my understanding, yes. There will be some type of-58 1 yes. I'm not sure if each of these developments here have fence lines and so forth , but I 582 would expect that. 583

584 Mrs. Jones - The interaction with Hollybrook was a key element of this 585 rezoning as well. So I just wanted to make sure I understood what you were saying about 586 that. Thank you . 587

588 Mr. Rosenbaum - Correct. It would not be a primary option for us. But for any 589 business or any location, if it meets our needs to attack a fire and there's another option 590 to get to it, we're going to take all available options. 591

592 Mrs. Jones - Sure. Thank you . 593

594 Mr. Witte - An additional entrance is more of a convenience thing than a 595 safety thing. 596

597 Mr. Rosenbaum - I don't want to mix those two words up, but an additional 598 entrance into this parking lot here would allow for additional apparatus to come in if we 599 needed it in that area. It would allow for the citizens who live here that need to exit, the 600 possibility of exiting if this road were to be blocked up here. And the reason this road could 601 be blocked is simply by a hose line that we would put on the ground to attack a fire . It's 602 not uncommon for a complex like that for us to be on scene for three, four, five hours, 603 depending on the size of the fire and the operations that we are performing . But it would 604 allow us during the fire to get additional apparatus into these two roads here if that need 605 was there. The first engine apparatus that would come in here could put a hose on the 606 ground . And depending on where the hydrants are located-which we're going to look at 607 closely when that time comes, is to maybe space out or put a couple of additional hydrants 608 in there so we're not choosing a hydrant that's-up in this area, we could choose hydrants 609 down here. It could limit some of that potential blocking of the road with the fire hose and 61 o apparatus at that point. 611

612 Mr. Witte - All right. Thank you . 613

614 Mr. Rosenbaum - Yes sir. 615

616 Mrs. O'Bannon - I have a question. There is a notation here of obviously an area 617 where you're talking about. So is the problem that there will be a white PVC fence blocking 618 the road area? 619

620 Mr. Rosenbaum - I'm not fami liar with any of that. 621


2 Mr. Rosenbaum - That's what it looks like. So what you 're saying is that you 3 would like some other arrangement? Is that what he's getting at? I just want to make that

624 clear. 625

626 Mr. Wilhite - Let me add that in addition to not having access to Hollybrook 627 that there was also perimeter fencing and landscaping that was proffered along Hollybrook 628 and then along the bank property. So although these details are site plan details as 629 opposed to subdivision details, we would have to be able to work out how all that's going 630 to work together and still potentially allow for some fire access. 631

632 Mrs. O'Bannon - And that's what I'm getting at. You're not talking necessarily 633 about a gap in the fence, but maybe a spot where it could open if necessary or something . 634 Is that what you 're-635

636 Mr. Wilhite - Well , the layout itself leaves a couple of gaps for potential 637 access, although there may not be a constructed emergency access put there. So those 638 are some details that we would have to look at during the site plan review. 639

640 Mrs. O'Bannon - Okay. That's what I believe the fire marshal is talking about. Is 641 that correct? Some type of either a gap with another type of fence or the fence there , the 642 white PVC fence could be opened or kind of just .. . ? 643

~4 Mr. Rosenbaum - Yes ma'am. If the conditions could be worked out between the 5 two properties, that would allow for an emergency access into that property. That would

646 be our preference. 647

648 Mrs. O'Bannon - You've done this type of thing before in the fire department, 649 right? I mean you have the key to it or there's a way you can open it separate from anyone 650 else. 65 1

652 Mr. Rosenbaum - There are several ways it can be done. It can be done with a 653 key. We have a system we refer to as a KNOX-BOX, if there's a common key throughout 654 the County that all the emergency fire apparatus have access to . 655

656 Mrs. O'Bannon - So it is possible. It's not like it's a real road there or connection , 657 but it's an access. 658 659 Mr. Rosenbaum - It's an access. And we do have that in other localities in the 660 County. 661

662 Mr. Witte - I believe all the fire units have universal keys to cut chains and 663 locks. 664

665 Mr. Rosenbaum - We do have that secondary means of accessing a lock or a 666 chain.

7


668 Mr. Witte - Any other questions? All right. Would the opposition please 669 come down? 670

67 1 Ms. Matthews - Good morning . My name is Alexandra Matthews, and I'm a 672 resident at the Shannon Green townhomes. Personally, my opposition is mostly an 673 environmental issue. I've been living at my house for five years. From an environmental 674 standpoint it's-I know I'm too late to actually oppose like the whole project. And I 675 understand with the growth of the human race there is an overpopulation issue and that 676 there are a lot of people who are moving in . There's a 2 percent growth of population within 677 Henrico County. However, I feel like the demolition of this forest would not be a good move 678 for the County, personally. With the destruction of forest, it also contributes towards an 679 increase in 03 in the environment, the atmosphere. And also the quote-unquote forest is 680 a habitat for a lot of animals, ranging from birds to squirrels to deer to foxes. I feel like it 68 1 wouldn 't be a good move. 682

683 What I was thinking was there could be a sort of revision. Instead of cutting down all of the 684 trees within the property, maybe there could be a-how can I say it?-sort of a revision 685 where there's more like a natural look or more of a recreational site where there is room 686 for trees. The way it looks, it seems that all of it is going to be cut down, there's not going 687 to be any room for _ any trees, any room for any recreation area. And personally, me, as 688 well as my neighbors, we do like the-we sit outside in front of the grassy area. We go into 689 the forest with our dogs and things like that. But I feel like there should be more of a natural 690 setting . 691

692 Are there any questions. 693

694 Mr. Witte - Any questions? Thank you . 695

696 Ms. Matthews - I have a question . Will this actually be considered? 697 698 Mr. Witte - Can you repeat that? 699 100 Ms. Matthews - So like what I'm saying , will it actually be considered? I know 101 everything is planned and everything is pretty much laid out. And I'm not really sure when 102 it's going to be-703 704 Mr. Emerson - Ms. Matthews, we're at the plan of development stage. The 705 rezoning stage would have been a time to have raised these concerns. But the property 706 has been enabled . And based under the zoning that has been granted to this property, 101 their rights are entitled , to be able to develop the property under the parameters that you 708 see presented . 709 110 Ms. Matthews - So will th is just be the final thing? There's nothing any citizen 111 or anybody who lives here can do? Anything they can do about it? 712


3 Mr. Emerson - There is a full process of public hearings prior to this where the 4 legislative action of rezoning the property occurred . Once that occurs, you get into the

715 administrative process of approval of the development plans that are going by the zoning 716 ordinance and any other rules and regulations the County has. This meets those, save the 717 Commission's concern of the emergency access for fire. 718

7 19 Ms. Matthews - All right. 720

121 Mr. Branin - When you look at these plans, ma'am, you do see that there is 122 green space. Do you see where the green space is? Can I have staff come up, please, 723 and show the common areas and the green space that has been provided? 724

725 Mr. Wilhite - There are some amenities for the development itself. Actually 726 a block of townhouses was removed and a pool and clubhouse area is going to be provided 727 here. There's internal green space in this location and also in this location, but that's 728 internal to the site. Along the perimeter, most of the area is going to be developed. The 729 only other area that you have is actually where a Virginia Power line runs through here. 730

731 Ms. Matthews - And also another concern is there is a power line where I live 732 that's like a giant pole. From what I understand, there's supposed to be an underlying 733 electrical unit going in . Is that true or no? 734

5 Mr. Branin - I'm sorry, would you repeat that. And can you speak into the 6 microphone?

737

738 Ms. Matthews - From what I understand, there is an electrical unit. It's like a 739 car alarm. And I was wondering how would that work out. It's like an exterior-I 'm not really 740 sure how to explain it; sorry. 741

742 Mr. Branin - A tower? 743

744 Ms. Matthews - Yes, it's a tower. 745

746 Mr. Branin - A tower with power lines. Can you show her on the design 747 where that line runs? 748

749 Ms. Matthews - I know where it runs . 750 751 Mr. Wilhite - I think she's referring to the transmission lines for Virginia 752 Power that run through the site here. Those will remain . Any electrical lines that serve this 753 development are required to be underground so there are no additional poles that are 754 going to be located on the site. Certain individual units would have underground power 755 lines. 756

757 Ms. Matthews - So how would the transition from the towers to the ·8 underground work?


759

760 Mr. Wilhite - I cannot answer that question. This is a subdivision plan here; 761 this is not technical site plan design issues. I'm not sure there would be any connection 762 from the transmission line. That's passing through this property. The electrical connections 763 either come from Parham Road , more than likely, or Hollybrook. 764

765 Mr. Branin - Transmission lines run to a substation . The substation then 766 distributes it back out. 767

768 Mr. Wilhite - Yes. There would be no direct connection to the transmission 769 lines that run through this property. 770

77 1 Ms. Matthews - All right. Those are all my questions. 772

773 Mr. Witte - Thank you , ma'am. 774

775 Mrs. O'Bannon - I can add one thing to your comments, if I could . If you look at 776 this area where these are being built, I too would like to see fewer, and a few trees saved . 777 But if you look at the area generally, this is a very, very busy, densely packed area with 778 lots and lots of businesses around it. So if you were to choose a location where you'd have 779 a lot of apartments or homes, this is the type of area you would choose. If we want to save 780 trees and have parks, we usually start in an area that doesn't have any, in the planning 781 process, you know, that doesn't have any businesses or heavily traveled roads, that sort 782 of thing . So if you step back a few feet and look at this in a more general way, this area 783 generally, it's highly developed already. Yes, I'd like to see a few trees saved when you 784 start building a lot of houses and apartments too. I love trees. If you see my house, I have 785 tons of trees. But this area generally is very busy, lots of traffic, lots of businesses, and the 786 bus route is there already, things like that. So in the general planning process, this would 787 be, generally speaking, a good area for density, which is what we're showing here. So if 788 you step back a little bit, and look at the rest of the area around it. .. 789

790 Ms. Matthews - Right, and I understand the viewpoint where you're coming 791 from . I understand it's a busy area, but just looking at it from an environmental point of 792 view-the earth that we live on , it's being destroyed , is the only way I can put it. All around 793 the world , not just in Henrico County or in America , there are trees being destroyed. The 794 North Pole and the South Pole are melting . There are a lot of environmental problems 795 going on. And I feel like as a human race, we should be able to work with the environment. 796 I understand it's too late; this is pretty much all laid out and set in stone. However, I feel 797 like we should be able to work with the environment instead of working against the 798 environment. Does that make sense? 799

800 Mrs. O'Bannon - We've already missed it right here. 80 1

802 Ms. Matthews - I know. Right, I understand. 803


4 Mrs. O'Bannon - As far as density and businesses and traffic and everything. If 5 these people who are planning to live here went out and built houses in an area that's

806 further out, we try to start where there's a density and then move out. That's pretty much 807 what this is reflecting . 808

809 Ms. Matthews - Right. Thank you. 810

81 1 Mr. Witte - Thank you . Would anyone like to hear from the applicant at this 8 12 point? Would the applicant come forward , please? 813

814 Mr. Mitchell - Brian Mitchell , Townes Site Engineering . I'm here representing 815 the applicant. 816

81 7 Mr. Witte - Are there any questions for Mr. Mitchell? 818

819 Mrs. Jones - May I ask about the conversations about a second point of 820 access? Are you familiar with the process? This is not my district. I'm just, however, very 821 concerned not only for emergency access, which obviously is a great concern , but a 822 second point of access that would really spread this community's commuter traffic out-823 that was a big concern of ours at the rezoning as well. My impression was that that was 824 not going to be impossible to locate. So can we talk about that for a moment? 825

6 Mr. Mitchell - Yes, sure. Jim Theobald handled the zoning case, so he's here _ 7 to handle any questions that may come up with respect to that.

828

829 Mrs. Jones - That was very smooth , Mr. Mitchell. 830

83 1 Mr. Mitchell - Yes, you liked that? 832

833 Mrs. Jones - Yes. 834

835 Mr. Mitchell - But I'll talk about the layout. The original layout that we did 836 actually did include an access onto Hollybrook. That was submitted that way in the zoning 837 application plan that we did. And that location was down at this area where my mouse is 838 showing . It's in the zoning process, it's my understanding, that that got removed. And the 839 reason we were instructed to remove that was it was a residential concern of the neighbors 840 and it was a political issue. That's why it went away. What we did was we took it off and 841 have the layout reflecting what was approved with the zoning case. 842

843 Now I will say this about this location. I have done the grading plan on this layout, and I do 844 have that at the same elevation as the parking lot that is adjacent to it. Whether a 845 connection can be done there if a fire were to happen-I will say if a fire happens, these 846 four access points that we have to the parking lot certainly open up this entire area to be 847 accessible. Even though there is not a legal ingress/egress easement granted, which that 848 only exists down this drive aisle, certainly people are going to go, and the fire department

is going to go and utilize the parking lot for people to get out.


850

851 I think the concern is this area over here next to Hollybrook. I've done what I can from an 852 engineering standpoint, grade it so a connection could be made there. Whether a fence 853 could be put there with a gate, that's something I could say we could probably look at when 854 we actually do the construction plans for it. There is perimeter fence requirement as well 855 per the zoning proffers. Maybe that fence at that location, we could be a gate. 856

857 Mrs. Jones - But a gate that is only to be opened in emergencies? 858 859 Mr. Mitchell - That's correct. We could put a KNOX lock on it or something . 860 If staff will work with us, I would say we could not plant trees at-that would be the only 861 thing that would preclude that access being able to be used, if there is a tree, structure, or 862 something in the way. 863

864 Mrs. Jones - I was just hoping that-865 866 Mr. Mitchell - That's the best I think I can do without getting Crestar to agree 867 to the actual dedication , which they've rejected. 868

869 Mrs. Jones - Well , that's my concern . I was hoping that one half of this 870 development could have a much easier egress/ingress, and apparently that's not 871 happening. So I can 't imagine there isn't another solution to this; however, I'm sure you 've 872 been through-873

874 Mr. Mitchell - The only solution I can think of without being able to connect 875 to Hollybrook, which is precluded , or being able to acquire an easement and right from 876 SunTrust, which has been rejected , is put this at an elevation that works with the parking 877 lot that's adjacent to it. And when we put the fence in that's required along here, we put a 878 gate there. Now whether it's a fire department gate or it's a gate with locks that open , I 879 think that's something we'll have to work with staff on. But I don't have a problem agreeing 880 to a gate at that location. 881 882 Mr. Branin - You would also take into consideration subgrade-bolstering 883 your subgrade stabilization , correct? 884

885 Mr. Mitchell - So that somebody could get from the curb on our site over to 886 the parking lot. I think that's reasonable. 887

888 Mr. Branin - Like a fire lane grass paver or something that would not be 889 seen but would structurally stabilize that soil. 890 891 Mr. Mitchell - Yes, I think that's-if we want to make that to be able to be 892 usable in the future, yes , I think you have to do that. 893

894 Mr. Branin - You have to . 895


% Mr. Mitchell - Yes. 7

898 Mr. Witte - So you're agreeable to-899 900 Mr. Mitchell - I'm agreeable to doing everything that I can on our side of the 90 1 property line. 902

903 Mr. Witte - Exactly. 904

905 Mr. Mitchell - Without encroaching on SunTrust. That's the best we can do. 906 907 Mrs. Jones - I would hope that in the future perhaps there could be 908 something worked out because it seems that would be of benefit to the community. And I 909 don't believe from the patterns I've seen that the impact to the bank would be substantial. 910

911 Mr. Mitchell - Yes. Well , Mrs. Jones, I will tell you that we have figured out 912 how we're going to develop this property. And certainly we're going to start from this. So 913 there is going to be some time before we get to that side. So my hope is that by the time 9 14 we get there , they will come around and we can work something out. 915

916 Mrs. Jones - Okay. 917

8 Mr. Witte - Would it be unreasonable to assume that the HOA after the 9 fact could petition the bank owners to let them have access there?

920

921 Mr. Mitchell - Sure. 922

923 Mr. Witte - I think that would be a reasonable assumption. 924

925 Mr. Mitchell - A lot of customers there. 926

927 Mr. Witte - A lot of customers right there. Any other questions? No? Thank 928 you , sir. All right. With that I move conditional approval of the conditional subdivision plat 929 for SUB2015-00061 , Carriage Homes at Parham Place (June 2015 plan) , as presented, 930 subject to the annotation on the plans, standard conditions for subdivisions served by 931 public utilities, and additional conditions 15 and 16 as shown on the agenda. 932

933 Mr. Branin - Second. 934

935 Mr. Witte - We have a motion by Mr. Witte , second by Mr. Branin. All in 936 favor say aye. All opposed say no. The ayes have it; the motion passes. 937

938 The Planning Commission granted conditional approval to for SUB2015-00061, Carriage 939 Homes at Parham Place (June 2015 plan), subject to the standard conditions attached to 940 these minutes for subdivisions served by public utilities, the annotations on the plans, and

the following additional conditions:


942

943 15. Prior to requesting construction plan approval the developer must furnish a letter 944 from Dominion Virginia Power, stating that this proposed development does not 945 conflict with its facilities. 946 16. The proffers approved as part of zoning case REZ2015-00004 shall be incorporated 947 in th is approval. 948

949 Mr. Emerson - Mr. Chairman , we now move on to the next item on the agenda 950 which appears on page 14. This is POD2015-00184. This also appears on page 1 of your 951 amended agenda. Bowman Consulting Group, Limited , for ME JRS, LLC. The staff report 952 will be presented by Ms. Christina Goggin. 953

954 PLAN OF DEVELOPMENT AND LIGHTING PLAN 955

956

POD2015-00184 John Rolfe Square -11840 Church Road

Bowman Consulting Group, LTD for ME JRS, LLC: Request for approval of a plan of development and lighting plan , as required by Chapter 24, Section 24-106 of the Henrico County Code, to construct 40 two-story and threestory detached residential condominium units for sale. The 10.8-acre site is located on the southeast corner of the intersection of John Rolfe Parkway and Church Road , on parcels 739-755-9019 and 740-755-3511 . The zoning is RTHC Residential Townhouse District (Conditional) . County water and sewer. (Tuckahoe)

957 Mr. Witte - Is there anyone in opposition to POD2015-00184 , John Rolfe 958 Square? We have one. Ms. Goggin . 959

960 Ms. Goggin - Good morning . Th is site is located at the intersection of John 961 Rolfe Parkway and Pump Road and was previously rezoned in 2006 and received POD 962 approval in 2007 for forty semi-detached dwellings on zero lot lines. It has since transferred 963 ownership and has been rezoned for forty single-family-dwelling-style condominium units. 964

965 The landscaping is proffered by the applicant to ensure quality development. Buffers 966 between residential developments are not required by the County. 967 968 The proffers for this case provide th irty-foot setbacks from Lake Loreine and Laura Lea 969 subdivisions, supplemented with landscaping between the residential developments. And 970 this is the Lake Lorraine subdivision back here and Laura Lea over here. The applicant 971 proffered the equivalent planting of a 25-foot transitional buffer with a four-foot wrought 972 iron style fence with masonry columns at the end and a low masonry wall at the entrance 973 of the development and intersection of John Rolfe Parkway and Church roads. 974

975 A schematic landscape plan has been included in the packet for your information. The 976 staff recommends that the landscape plan return to the Planning Commission for review


7 and approval. So you can see on here that they are proposing landscaping completely 8 around the development and within the development.

979

980 The applicant is also requesting approval of a lighting plan. The plan submitted provides 981 lighting for the guest parallel parking spaces along the loop road and site entrance. It 982 specifies concealed source lights on 16-foot-tall poles in compliance with the proffers. The 983 photometrics do not reflect porch or driveway lights installed on individual condo units as 984 desired by their individual owners. Staff was contacted by an adjacent property owner 985 requesting a copy of the lighting plan , which was sent to him. 986

987 The elevations submitted with the POD are of Craftsman and Arts and Craft styles with 988 covered porches and stoops and two-car garages, and are in compliance with the adopted 989 proffers. The grading on site allows units 17 through 22 to have walkout basements. Those 990 are these units. I know it's really hard to see, but those are these units back here. 99 1

992 This POD, unlike the 2007 POD, does not require bringing any fill onto the site and 993 proposes grading within the existing topography on the site. 994

995 The elevations submitted are in compliance with the Zoning Ordinance and are within the 996 forty-foot height limit from the average finished grade at the front building line. An adjacent 997 property owner has contacted staff concerning the relative height of the proposed 998 structures in comparison to his existing dwelling and finds that the proposed height is

9 unacceptable. 0

1001 Currently, the property is encumbered with slope, drainage, and sight distance easements 1002 associated with the construction of John Rolfe Parkway that limit the location of the 1003 proffered fencing and landscaping. The applicant proposes re-grading the site to alleviate 1004 the need for a majority of the easements that currently exist. The applicant is coordinating 1005 with the Department of Real Property and Public Works to refine the revised easement 1006 locations on the parcel. This will need to be accomplished prior to issuance of any building 1001 permits for the development and is addressed with condition 37 in the agenda. 1008

1009 Staff recommends approval subject to the annotations on the plans, standard conditions 1010 for developments of this type, and additional conditions 11 B, 29 through 37 in the agenda, 1011 and condition 9 amended in the addendum. 1012

1013 Kate Cooper, representative of the developer is here should you have any questions for 1014 her. And Jonathan Jackson, the engineer, is here should you have any questions 10 15 concerning the proposed grading on site. And I am here if you have any questions for staff. 10 16

10 11 Mr. Witte - Any questions for Ms. Goggin? 1018

1019 Mrs. Jones - Ms. Goggin , I know we've talked about this before. But just so 1020 we're clear, could you explain one more time how the County measures height of these 1021 residences .


1023 Ms. Goggin - Okay. Height is measured from the averaged finished grade at 1024 the front line of the proposed dwelling or the curb line, whichever is higher. So the applicant 1025 has provided these elevations; I have more. But all of the elevations that have been 1026 submitted to us show that the proposed homes are below forty feet. For example, this one 1021 is below thirty feet. It's hard to see the numbers. This one is twenty-nine, and this is the-1028 I can 't even-Cambridge. That one's twenty-nine. 1029

1030 Mrs. Jones - So it's the average finished grade from the front line or the 1031 curb-1032

1033 Ms. Goggin - Yes ma'am. 1034

1035 Mrs. Jones - -to the mean level-1036

1037 Ms. Goggin - Of the roof. 1038

1039 Mrs. Jones - -between the roof and the eave. The ridge and the eave. 1040

1041 Ms. Goggin - Mmm-hmm. 1042

1043 Mrs. Jones - Okay. It's difficult sometimes, I think, to understand that. I just 1044 wanted to make sure everyone was working from the same set of measurements. That's 1045 all I have for Ms. Goggin at the moment. 1046

1047 Mr. Witte - Were there any other questions for Ms. Goggin? 1048

1049 Mrs. Jones - This has been a long process. 1050

1051 Mr. Witte - We have some opposition. 1052 1053 Mrs. Jones - I know. Yes. Mr. Turner, I'm happy to see you here because I 1054 know you've been involved all along. If you don't mind coming up now and letting us know 1055 the points that you still have concerns about. We'll see if we can't put your mind at ease 1056 in some way. 1057

1058 Mr. Turner - My name is David Turner. I am one of the homeowners behind 1059 one of these properties-well or four or five of them actually. 1060

1061 I think Ms. Goggin explained to me over the phone how a measurement was done, which 1062 seems to be a slightly narrow view of height measurement. I was surprised to hear that 1063 they say they're not going to have to have any additional fill. They are going to increase 1064 the grade significantly from what my property is at. At the corner of the property between 1065 Mr. Heckman-who is probably not here because he's out of town . But he has expressed 1066 concern about the height of the building , including the grade, which would be about sixty 1067 feet high , which is significant. 1068


9 Along that line-I remarked to Ms. Goggin that if you don't consider the fill , you could have , o a fill of fifty feet and then build a forty-foot house on top of it, and it would still pass the 1011 requirements. So I guess ten feet, eight feet is okay, but not fifty . 1072

1073 Anyway, there is another issue that should be addressed. I happen to be a ham radio 1074 operator and have been one since 1978. I've taught merit badges with the Scouts. I have 1075 been involved when I was in Long Island with the emergency of the Brazilian aircraft that 1076 crashed . And my concern is that I from time to time have an antenna on the left corner of 1077 my property. As you raise the heights of the properties, you get more radiation . Now hams 1078 are allowed to have 1,000 watts of power, which is significantly more than your cell phone. 1079 Normally, you don't have a problem because the deflection of the radiation goes above 1080 the houses. But putting them where they are it's going to be perhaps right in the way of 108 1 the radiation . You should at least be forewarned. 1082

1083 Mrs. Jones - So your antenna is where on your house? 1084

1085 Mr. Turner - As you face this property from mine, it's on the back. It's not 1086 always there ; it's there from time to time. But I have the option of putting up a beam. Having 1087 been at the South Pole from time to time, I like to speak to those guys. And that would be 1088 directly pointed south. So it's at least a concern that you should be aware of. When you 1089 build properties that are going to be high in the air, you should take into consideration all 1090 the facts that are known .

2 Mrs. Jones - Correct. All right. I must admit that I had no knowledge of ham 1093 radio operations, but I certainly do respect your opinion as to that. And we'll have to take 1094 it for accurate. Thank you. 1095

1096 I need to talk to the applicant. First, Mr. Jackson. 1097

1098 Mr. Witte - Would the applicant come down please? 1099

11 00 Mr. Jackson - Good morning . Jonathan Jackson with Bowman Consulting. 1101

1102 Mrs. Jones - Good morning . Mr. Jackson, I know you've been involved in 1103 th is project a long time, and you may have already spoken to Mr. Turner on several 1104 occasions or at least to Ms. Goggin, I know. A lot of what Mr. Turner says I understand are 1105 valid concerns. You can right now take us through the issue of fill versus no fill and the 1106 grading. If I understood what he was saying , his conception of the grading is pretty high. 1107 Would you please run us through that so that we know exactly what is being proposed? 1108

1109 Mr. Jackson - Certainly. The site does fall about-let me see if I can zoom 1110 out here. The site does fall about thirty feet from the corner of Pump and Church to this 1111 east southeastern corner or the eastern corner. And certainly the grading plan for this 1112 project is to utilize-certainly to tie to the exterior grades and not go offsite, to reconfigure 1113 the dirt or earthwork on site to bring it into a more developable configuration , to flatten the

street grades to such that work for streets and to get the driveway grades such that they


1115 work with the driveways and the houses. That does mean that some earth is being moved 1116 around on the site. Certainly the intent is not to bring in any mass quantities of fill or export 1111 any mass quantities of earth. To that end , towards the rear of the property there is some 1118 fill , but it's in the order of magnitude of four to six feet. It's certainly nothing excessive. At 1119 the very exterior border of the property, it's tapering off to nothing. 1120

1121 Mrs. Jones - So the grading at Mr. Turner's property, for instance-and you 1122 can put your-Mr. Turner lives right at that point. 1123

1124 Mr. Jackson - This property. 1125

1126 Mrs. Jones - Yes. Will it be a gentle slope or what's the grade of the slope 1121 down, do you know? 1128

1129 Mr. Jackson - Mr. Turner's property is currently losing grade towards the 1130 east. Right now that is approximately elevation 260 at this corner of the lot to 243. So there 1131 is 17 feet of fall across that lot. We are basically tying into that same elevation. The height 1132 of unit 18 is approximately- the actual finished floor is about-the grade at the driveway 1133 is 3 feet higher than this corner. And then due to the significant loss in grade along the 1134 back of his property, unit #20 is approximately 12 feet higher than the back corner of his 1135 property. 1136

1137 Mrs. Jones - But in no way is it fifty or sixty feet. 1138

1139 Mr. Jackson - Correct. 1140

1141 Male - [Off microphone; inaudible.] 1142

1143 Mrs. Jones - Okay. With the homes being two stories, you would then have 1144 a total height from his property of? 1145

1146 Mr. Jackson - Worst case, using the forty feet, which I don't believe these 1147 elevations hit the maximum, the worst case would be his grade plus the twelve on lot 20. 1148 And again , remember that it's much less as we transition down to lot 17. Plus the forty 1149 feet. So the maximum would be fifty-two. 1150

115 1 Mrs. Jones - Okay. That is of course a moving target figure depending on 1152 the style of home that gets put on those lots. There are several styles that have the 1153 basement walkout. 1154

1155 Okay. I don 't know whether you were involved when a previous POD came through with a 1156 very tall wall. Do you remember that? 1157

1158 Mr. Jackson - I was not, but have researched it. 1159


o Mrs. Jones - Well , as far as a gentle grading without hardscape, this seems • 1 much preferable as far as a development pattern . And it seems a lot softer than that wall. 11 62 I would hope that the sensitivity to this-this is one of the reasons we're bringing the 11 63 landscape plan back. The sensitivity to the neighbors is a strong concern , always has 1164 been . And I think that unfortunately while development will bring homes to this area, I think 1165 they've been treated in a very thoughtful way as we've worked through the process with 1166 neighbors and with the Planning staff. 1167

11 68 Okay. Thank you . I wanted to make sure we understood how that would be graded and 1169 that there would not be substantial amounts of fill. 1170

11 71 Mr. Archer-11 12

1173 Mrs. Jones -1174

1175 Mr. Archer -1176

11 n Mrs. Jones -1178

Mrs. Jones, may I interject?

Absolutely.

Sir, before you sit down.

Mr. Jackson.

1179 Mr. Archer - Mr. Jackson. I'm sorry. I think you indicated just now that the 1180 maximum height that would be reached on lot 20, I think it is , would be dictated by what 11 81 style of home was chosen for that particular site.

2

3 Mr. Jackson - Correct. 1184

1185 Mr. Archer - Is there any way that you could preclude the highest style of 11 86 home from being built on that lot? 1187

1188 Mr. Jackson - I'll defer to the applicant for that. 1189

11 90 Mrs. Jones - That's a question I was going to ask the applicant. 1191

1192 Mr. Archer - Oh , I'm sorry. You can have it. 1193

1194 Mrs. Jones - Exactly right. 1195

1196 Mr. Theobald - I'm not really here on this case. 1197

11 98 Mr. Witte - Would you state your name, sir? 11 99

1200 Mr. Theobald - I'm Jim Theobald . And apparently I'm here on behalf of the 1201 applicant. This was discussed, I think, at the time of zoning. I don't believe it's appropriate 1202 to preclude a developer from what style house they can build as long as they meet the 1203 code. We've been through this issue all through the zoning case. We've had consultants

on Mr. Turner's property a number of times to help with screening and landscaping. And I


1205 just think to say that those two or three lots can only be this style but not the other two 1206 styles just isn't the way we should be doing things. So respectfully, no thanks. 1207

1208 Mr. Archer - Just thought I'd ask to keep Mrs. Jones from having to ask. 1209

1210 Mrs. Jones - No, that was an answer that I expected because this is well 1211 within the Henrico County requirements , and that is how it is. 1212

1213 Mr. Branin - Mrs. Jones, I didn 't want to correct the gentleman. The 1214 question that was asked on height, the total of 40 feet plus the 12 feet from the gentleman's 1215 lot, none of those elevations have showed 40 feet. They're all right at 30. So that would 1216 only be 42, which is within 2 feet of what we have as code anyway. When he said it would 1217 be 50, it's not. From my math . 1218

1219 Mrs. Jones - Exactly. Th is is why we had to make sure that everyone 1220 understood how the height is measured and what kind of requirements we have. 1221

1222 Mr. Theobald - If you remember that first case, I mean, it was like-1223

1224 Mrs. Jones - Oh my gosh. 1225

1226 Mr. Theobald - -twenty feet before you hit the wall. I mean, it was a 1227 compound , if you will. And th is is such a superior site plan . I understand Mr. Turner has 1228 concerns about his. I know we have some graphics, but his house is also a significant way 1229 off that line. So we hope to be good neighbors. I tried very hard to satisfy all the neighbors' 1230 issues back there. 1231

1232 Mrs. Jones - I do believe that you are correct in saying that this is a much 1233 superior plan. It truly was like the Great Wall of China before, and yet that was a plan that 1234 was worked out with the neighbors as well. So as we go through this, I think we're moving 1235 in the right direction. 1236

1237 Mr. Theobald - Thank you . 1238

1239 Mrs. Jones - Any other questions? 1240

1241 Mr. Witte - No ma'am. What's your pleasure? 1242

1243 Mrs. Jones - Well , I tell you , my pleasure is to make a motion . John Rolfe 1244 Square has had several iterations here, and I'm happy that we're at this point. I am sure 1245 that nothing is going to be considered perfect for everybody, but I believe that there has 1246 been a real effort on the part of everybody, and I do mean that sincerely-the applicant, 1247 the Planning staff, and certainly I've been involved some as well. But over the years , 1248 literally, over the years, in order to have this community come out of the ground, we are 1249 where we are. I think it is quite a different vision than the last time this was before us. But 1250 we do have, I think, the makings of a really quality community. I would ask the applicant-


and I've heard commitments for this informally as well as formally-to continue to be as : 2 cooperative as they have been because it has been a cooperative effort. And when we 1253 come back to landscaping , of course once sites become cleared and things happen and 1254 you take a different look at it, I think strategic placing of landscaping is probably going to 1255 be a real plus as well , which is why I asked to see the landscaping when it comes back 1256 kind of as the finishing touch. 1257

1258 So with that, I'd like to certainly thank staff, Christina for her work on this , and thank the 1259 applicant for their many meetings. And I would like to make a motion that the plan of 1260 development and the lighting plan for POD2015-00184, John Rolfe Square, at 11840 126 1 Church Road , be approved subject to the annotations we have on the plans, standard 1262 conditions for developments of this type, additional conditions 11 B-well we have 9 1263 amended on the addendum, and in the agenda 11 Band then 29 through 37. 1264


1267 Mr. Witte - We have a motion by Mrs. Jones, second by Mr. Branin . All in 1268 favor say aye. All opposed say no. The ayes have it; the motion passes. 1269

1210 The Planning Commission granted conditional approval to POD2015-00184, John Rolfe 1211 Square, subject to the standard conditions attached to these minutes for subdivisions 1212 served by public utilities, the annotations on the plans, and the following additional 1 3 conditions:

4

1275 9. AMENDED - (ADDED) A detailed landscaping plan shall be submitted to the 1216 Department of Planning for review and Planning Commission approval prior to the 1211 issuance of any occupancy permits. 1278 11 B. Prior to the approval of an electrical permit application and installation of the site 1219 lighting equipment, a plan including light spread and intensity diagrams, and fixture 1280 specifications and mounting heights details shall be revised as annotated on the staff 1281 plan and included with the construction plans for final signature. 1282 29. The unit house numbers shall be visible from the parking areas and drives. 1283 30. The names of streets, drives, courts and parking areas shall be approved by the 1284 Richmond Regional Planning District Commission and such names shall be included 1285 on the construction plans prior to their approval. The standard street name signs shall 1286 be installed prior to any occupancy permit approval. 1287 31. Prior to issuance of a certificate of occupancy for any building in this development, 1288 the engineer of record shall certify that the site has been graded in accordance with 1289 the approved grading plans. 1290 32. The proffers approved as a part of zoning case REZ2015-00005 shall be 1291 incorporated in this approval. 1292 33. A note in bold lettering shall be provided on the erosion control plan indicating that 1293 sediment basins or traps located within buildable areas or building pads shall be 1294 reclaimed with engineered fill. All materials shall be deposited and compacted in 1295 accordance with the applicable sections of the state building code and geotechnical

6 guidelines established by the engineer. An engineer's report certifying the suitability


1297 of the fill materials and its compaction shall be submitted for review and approval 1298 by the Director of Planning and Director of Public Works and the Building Official 1299 prior to the issuance of any building permit(s) on the affected sites. 1300 34. The pavement shall be of an SM-2A type and shall be constructed in accordance 1301 with County standard and specifications. The developer shall post a defect bond for 1302 all pavement with the Department of Planning - the exact type, amount and 1303 implementation shall be determined by the Director of Planning , to protect the 1304 interest of the members of the Homeowners Association . The defect bond shall 1305 remain in effect for a period of three years from the date of the issuance of the final 1306 occupancy permit. Prior to the issuance of the last Certificate of Occupancy, a 1307 professional engineer must certify that the roads have been designed and 1308 constructed in accordance with County standards. 1309 35. The location of all existing and proposed utility and mechanical equipment 1310 (including HVAC units, electric meters, junction and accessory boxes, transformers, 1311 and generators) shall be identified on the landscape plans. All equipment shall be 1312 ~creened by such measures as determined appropriate by the Director of Planning 1313 or the Planning Commission at the time of plan approval. 1314 36. Prior to approval of construction plans, a draft of the covenants and deed 1315 restrictions for the maintenance of the common area shall be submitted to the 1316 Department of Planning for review. Such covenants and restrictions shall be in form 1317 and substance, satisfactory to the County Attorney and shall be recorded in 1318 accordance with the requirements of zoning case REZ2015-00005. 1319 37. The vacation or quitclaim of existing slope, drainage and sight distance easements 1320 and recordation of new easements as approved by the County on the construction 132 l plan shall be recorded prior to issuance of building permits for dwelling units on the 1322 property 1323

1324 Mr. Emerson - Mr. Chairman , we now move to page 17 of your regular agenda 1325 and page 2 of your amended agenda for POD2015-00173, Kimley-Horn & Associates 1326 Incorporated for Rebkee Replacement LLC Etals. The staff report will be presented by Mr. 1327 Mike Kennedy. 1328

1329

1330

1331

1332

1333

1334

1335

1336

1337

1338

1339

1340

1341

1342


3 PLAN OF DEVELOPMENT 4

1345

POD2015-00173 Shire Walk - 11901 Church Road (POD-68-07 Revised)

Kimley-Horn & Associates, Inc. for Rebkee Replmnt, LLC ETALS: Request for approval of a plan of development, as required by Chapter 24, Section 24-106 of the Henrico County Code, to construct 33 residential townhouses for sale and related public and private street improvements. The 4.708-acre site is located on the north line of John Rolfe Parkway and the south line of Church Road , approximately 775 feet west of the intersection of Pump Road and John Rolfe Parkway, on part of parcels 739-754-7156 and 738-753-9783. The zoning is RTHC Residential Townhouse District (Conditional) and C-1C Conservation District (Conditional). County water and sewer. (Tuckahoe)

1346 Mr. Witte - Is there anyone in opposition to POD2015-00173, Shire Walk? 1347 I see none. Mr. Kennedy. 1348

1349 Mr. Kennedy - This plan would permit the construction of thirty-three 1350 residential townhouses consistent with the conceptual plan attached with REZ2014-00037 1351 and would permit the construction of a private access drive between Church Road and

2 John Rolfe Parkway as a second phase. The plan would also modify an existing Countyowned water management facility located along the north side of John Rolfe Parkway. It's

1354 actually in the right of way. 1355

1356 Since the preparation of the agenda, the developer has submitted a revised grading and 1357 drainage plan, which provides sufficient capacity to address their water quality and quantity 1358 requirements identified by the Department of Public Works. In accordance with the settlement 1359 agreement for the acquisition of right of way for John Rolfe Parkway, it was agreed that they 1360 would be able to use this water management facility for their purposes. As part of that 1361 agreement, the Keswick subdivision Homeowners Association will be excluded from 1362 maintenance of this basin . The basin is actually located on property that was a common area 1363 for the Keswick Homeowners Association adjacent to it. But it's being used by the developer 1364 for his purposes as well as the County's purposes. 1365

1366 The developer has also agreed to submit a landscape plan for the stormwater detention 1367 pond . Right now it's surrounded by a steel chain link fence. They have agreed to replace that 1368 fence when they enlarge the pond, not replace it with a black vinyl coated chain link fence. 1369 The pond is a dry pond , so it would be aerated. It doesn't have the safety features for a wet 1370 pond. So instead a fence is provided . The fence would be set back along Glen Eagles 1371 Parkway. It would not be in front of the houses on Glen Eagles Way. 1372

1373 The developer has also agreed to address the traffic engineer's concerns, including the 1374 dedication of right of way and easements, and has submitted a revised traffic study regarding

the warrant for a traffic signal on Glen Eagles Drive. The development does not warrant a


1376 signal at this time; it's only thirty-three homes. But when the ultimate development and 1377 shopping center is there, it looks like it will warrant a signal at that time. The developer will 1378 be responsible for that when it is needed. They'll update the traffic study with subsequent 1379 POD submissions, and when a traffic signal is warranted , they will provide it at their expense. 1380

1381 The developer has proposed a phased construction plan . The first phase would 1382 accommodate the construction of the townhouses, and the second phase would 1383 accommodate the construction of an access drive that extends between Church and John 1384 Rolfe Parkway. It isn't being constructed at this time because since it has no actual access 1385 points other than this one connection road , it would be a cut-through, and we normally won't 1386 encourage that. But they do want to be prepared for the design. So this way when they 1387 designed the road it would tie in with the grades for the proposed homes. Those homes 1388 facing the access drive are actually facing a walk at this time, a sidewalk, which is permitted 1389 by code and is consistent with the rest of the development. 1390

1391 Phase Two would also include a roundabout in the center. The design of that would be 1392 worked out during construction plan approval. 1393

1394 At this time, staff is satisfied that they meet the design guideline requirements for drainage, 1395 and we can recommend approval. The design considerations I just reviewed have been 1396 addressed by additional conditions in your agenda package. With that, we can recommend 1397 approval with condition 9 amended , which would accommodate the landscape plan for the 1398 BMP. The landscaping for the Shire Walk itself was actually in the conceptual plan and was 1399 approved with the zoning case. So they were going forward with that, but we were concerned 1400 what the BMP would look like. So they will come back with a revised plan for Planning 1401 Commission approval at that time. 1402

1403 If you have any questions, I'm available. David Ellington is here, the engineer of the project. 1404

1405 Mr. Witte - Any questions for Mr. Kennedy? 1406

1407 Mrs. Jones - I do not at this time. 1408

1409 Mr. Witte - How would you like to proceed? 1410

1411 Mrs. Jones - I would like the developer to come down. 1412

1413 Mr. Chinnis - Hello. My name is Jason Chinnis with the Rebkee Company. 1414

1415 Mrs. Jones - Good morning , Mr. Chinnis. How are you? 1416

1417 Mr. Chinnis - Good. How are you? 1418

1419 Mrs. Jones - Well , I'm happy to be here for this project. This seems to be 1420 the day that several projects in Tuckahoe get going. I did want to ask you about your timing 1421 for this project going forward . Are you all ready to move as soon as approvals are in place?


3 Mr. Chinnis - Absolutely. We actually have plans in concurrently now. Our 1424 goal is to get in the ground in the fall and actually have townhomes coming up probably 1425 early spring . 1426

1427 Mrs. Jones - Early spring , okay. Do you have any breaking news about the 1428 commercial portion of this? 1429

1430 Mr. Chinnis - I don 't. But it's our hope with these rooftops coming out of the 143 1 ground we'll get some significant interest on the rest of the retail portion . 1432

1433 Mrs. Jones - Okay. We are going to look for a really quality product. I really 1434 am happy that several things at this one area are coming up together. Shire Walk is the 1435 new name of the project? 1436

1437 Mr. Chinnis - That's correct. 1438

1439 Mrs. Jones - All right. With that I really am satisfied that we have met the 1440 requirements and the intent of the project. I am happy to see it get going. And I know that 1441 we are bringing landscaping back. I did want to have your commitment, as I did with the 1442 previous case on the landscaping since this is moving in next to an established residential 1443 community as well as there will be landscaping associated with the BMP. You have a lot

4 4 of things that will be enhanced by landscaping, so that's why it's coming back to the 5 Commission . I just want your commitment to work with that to a high-quality level.

1446

1447 Mr. Chinnis - Absolutely. 1448

1449 Mrs. Jones - Okay, we are good to go, I think. 1450

145 1 Mr. Chinn is - Thanks for your cooperation , and Mike too. Appreciate it. 1452

1453 Mr. Witte - Any questions by the Commission? 1454

1455 Mrs. Jones - Anybody else? Okay. I am very pleased at this point to move 1456 forward with a motion for approval of the plan of development for POD2015-00173, Shire 1457 Walk, with my thanks, of course, to Mr. Kennedy and to the applicant. I would recommend 1458 approval with the annotations on the plan , standard conditions for developments of this 1459 type, additional conditions as reflected in the agenda, and 29 through 37 on the agenda, 1460 and added conditions on the addendum for 9 amended and 38 through 45. 1461


1464 Mr. Witte - We have a motion by Mrs. Jones, a second by Mr. Leabough. 1465 All in favor say aye. All opposed say no. The ayes have it; the motion passes. 1466

Mrs. Jones - Thank you.


1468 1469 The Planning Commission approved POD2015-00173, Shire Walk, subject to the 1470 annotations on the plans, the standard conditions attached to these minutes for 147 1 developments of this type, and the following additional conditions: 1472 1473 9. 1474 1475 1476 29. 1477 1478 30. 1479 1480 148 1 31 . 1482 1483 32. 1484 1485 1486 1487 1488 1489 1490 1491 1492 33. 1493 1494 1495 34. 1496 1497 1498 35. 1499 1500 1501 1502 1503 1504 36. 1505 1506 37. 1507 1508 1509 38. 1510 15 11 1512

AMENDED - (ADDED) A detailed landscaping plan shall be submitted to the Department of Planning for review and Planning Commission approval prior to the issuance of any occupancy permits. The subdivision plat for Shire Walk shall be recorded before any building permits are issued . Prior to issuance of a certificate of occupancy for any building in this development, the engineer of record shall certify that the site has been graded in accordance with the approved grading plans. . The proffers approved as a part of zoning cases REZ2014-00037 and C-027C-06 shall be incorporated in this approval. The pavement shall be of an SM-2A type and shall be constructed in accordance with County standard and specifications. The developer shall post a defect bond for all pavement with the Department of Planning - the exact type, amount and implementation shall be determined by the Director of Planning, to protect the interest of the members of the Homeowners Association . The defect bond shall remain in effect for a period of three years from the date of the issuance of the final occupancy permit. Prior to the issuance of the last Certificate of Occupancy, a professional engineer must certify that the roads have been designed and constructed in accordance with County standards. Approval of the construction plans by the Department of Public Works does not establish the curb and gutter elevations along the Henrico County maintained rightof-way. The elevations will be set by Henrico County. Evidence of a joint ingress/egress and maintenance agreement must be submitted to the Department of Planning and approved prior to issuance of a certificate of occupancy for this development. The location of all existing and proposed utility and mechanical equipment (including HVAC units, electric meters, junctions and accessory boxes, transformers , and generators) shall be identified on the landscape plan . All building mounted equipment shall be painted to match the building, and all equipment shall be screened by such measures as determined appropriate by the Director of Planning or the Planning Commission at the time of plan approval. Except for junction boxes, meters, and existing overhead utility lines, and for technical or environmental reasons, all utility lines shall be underground . The applicant shall incorporate into the construction plans for signature any comments generated by the County's Traffic Engineer from his review of the Traffic Impact Study for this development. ADDED - Right of way and easements determined necessary by the County Traffic Engineer to construct the proposed turn lanes and relocated sidewalks along both Church Road and John Rolfe Parkway, including future signalization improvements, shall be dedicated on the plat for Shire Walk.


. 3 39. 4

1515 1516 40. 1517 1518 1519 1520 1521 1522 1523 41. 1524 1525 1526 1527 1528 1529 1530 42. 1531 1532 1533 1534

5 43. 6

1537 44. 1538 1539 1540 1541 45. 1542 1543 1544

ADDED - A traffic signal shall be provided at the developer's expense at the intersection of John Rolfe Parkway, Glen Eagles Drive, and Hobbit Lane (proposed), at such time the County Traffic Engineer determines a traffic signal is warranted . ADDED - The developer shall enter into a maintenance agreement with the Department of Public Works for the storm water detention (dry) pond that is partially located in the John Rolfe Parkway right-of-way. The terms of the agreement must be satisfactory to the County Attorney and consistent with the terms of the previous settlement agreement between the County and the Developer. As part of that agreement the Keswick subdivision Home Owners Association will be relieved of any maintenance responsibility for the dry pond. ADDED - The developer shall submit a landscape and fence plan for the storm water detention pond for County review and approval. The plan must provide landscaping generally equivalent to the 10 -foot transitional buffer, where the pond is visible from John Rolfe Parkway and West Glen Eagles Drive. In addition the plan must provide for a 6-foot high black vinyl coated chain link safety fence around the detention pond , that will be set back behind the extended front building line of the adjoining lot at 2609 West Glen Eagles Way. ADDED - The developer shall submit a construction plan for both phases for concurrent staff review and approval. A construction staging plan must be submitted for staff review and approval prior to beginning construction of Phase Two. Drainage and utility improvements located within the public right of way or a public easement must be constructed or bonded prior to recordation of a subdivision plat for Shire Walk. ADDED - The developer shall record an easement for the secondary access drive (Gandalf Way) prior to the recordation of the subdivision plat for Shire Walk ADDED - The covenants on the Shire Walk property shall provide that maintenance of both main access drives and the detention pond will be provided by The Shire Property Owners Association , including both the residential and the commercial development within the Shire development. ADDED - The covenants on the Shire Walk property shall provide that maintenance of the access alleys and the common areas associated with the townhouse development will be the responsibility of the Shire Walk Home Owners Association.

1545 Mr. Emerson - Mr. Chairman, we now move to page 19 of your agenda and 1546 page 4 of your amended agenda for SUB2015-00059, E. D. Lewis & Associates , PC for 1547 Midtown Land Partners, LLC. The staff report will be presented by Ms. Aimee Crady. 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557


1559 SUBDIVISION 1560

1561

SUB2015-00059 Libbie Mill Townhomes (June 2015 Plan) -Staples Mill Road (U.S. Route 33) - 40 Lots

E.D. Lewis & Associates, PC for Midtown Land Partners, LLC: The 3.02-acre portion of the 85-acre Libbie Mill urban mixed use site proposed for a subdivision of 40 townhomes for sale is located on the southwest corner of the intersection of Libbie Mill West Boulevard (private) and Libbie Lake West Street (private) , on parts of parcels 773-739-8155 and 773-740-5043. The zoning is UMUC Urban Mixed Use District (Conditional). County water and sewer. (Brookland) 40 Lots

1562 Mr. Witte - Is there anyone in opposition to SUB2015-00059, Libbie Mill 1563 Townhomes (June 2015 plan)? I see none. Ms. Crady. 1564

1565 Ms. Crady - Hello again . The applicant requests conditional approval for 1566 the subdivision of forty townhouse lots. This residential component is anticipated to 1567 progress immediately as the next phase of the overall Libbie Mill UMU district. Much of the 1568 adjacent infrastructure for this development was previously approved with other phases of 1569 Libbie Mill UMU plans, specifically 1A. The proposal is in compliance with all applicable 1570 proffers, provisional use permits, the Urban Mixed Use District Ordinance, and the UMU 1571 Pattern Book for Libbie Mill. There is an addendum item for this case on page 4 of the 1572 addendum correcting the numbering of the three conditions listed in the agenda. No 1573 content changes are made in the addendum, just the numbering. 1574

1575 Staff recommends approval subject to the annotations on the plans, the standard 1576 conditions for residential townhouses, and the three conditions 15 through 17 listed in the 1577 agenda and numbered as corrected in the addendum. The applicant's representative , 1578 Monte Lewis with E. D. Lewis and Associates is here, as well as Shane Finnegan and 1579 Eddie Pearson for the developer. And Jim Theobald is also representing the case. 1580

1581 Mr. Witte - Are there any questions for Ms. Crady? I'd like to hear from the 1582 applicant, please. 1583

1584 Mr. Lewis - Good morning. My name is Monte Lewis from Lewis and 1585 Associates representing the applicant. 1586

1587 Mr. Witte - Thank you , Mr. Lewis. I have one minor question. The turn area 1588 to come in off of Libbie Mill-now I lost it. Let's see here. 1589

1590 Mr. Lewis - Coming into the townhomes or? 1591

1592 Mr. Witte - Right, coming in . That access, will that be a continuation of the 1593 road going across Libbie Mill West? 1594

1595 Mr. Lewis - Are you talking about this access right here, sir?


6

7 Mr. Witte - Right. 1598 1599 Mr. Lewis - Yes. This will carry on north, and it will also carry on south . 1600 We're not sure what is going to be down in this quadrant, but this access will come through 160 1 and more than likely tie into another access that we are building right now with the 1A 1602 plans down in this area. But this will carry on up into the development. 1603

1604 Mr. Witte - Okay. I didn 't know if that was going to be permanent. 1605

1606 Mr. Lewis - Yes sir. 1607

1608 Mr. Witte - So it will be a continuous flow. 1609

1610 Mr. Lewis - Yes sir. In fact, these two entrances, the curb and gutter has 16 11 been built with the 1A plans as of today. 1612

1613 Mr. Witte - Okay. I have no other questions. Anyone? Thank you , sir. 1614

1615 Mr. Lewis - Yes sir. 1616

1617 Mr. Witte - All right. With that I move conditional approval of the 18 conditional subdivision plat for SUB2015-00059, Libbie Mill Townhomes (June 2015 plan) , 9 as presented , subject to the annotations on the plans, standard conditions for subdivisions

1620 served by public utilities, and additional conditions 15, 16, and 17 as shown on the plans 1621 with the correction for number 17. Is that correct? 1622

1623 Ms. Crady - Yes, a correction to numbering in the addendum. 1624

1625 Mr. Witte - In the addendum. Thank you. 1626

1627 Mr. Branin - Second . 1628

1629 Mr. Witte - We have a motion by Mr. Witte , a second by Mr. Branin . All in 1630 favor say aye. All opposed say no. The ayes have it; the motion passes. 163 1

1632 The Planning Commission granted conditional approval to SUB2015-00059, Libbie Mill 1633 Townhomes (June 2015 plan) , subject to the standard conditions attached to these 1634 minutes for subdivisions served by public utilities, the annotations on the plans, and the 1635 following additional conditions: 1636

1637 15. 1638

1639 16. 1640

The approval includes only that area outlined in red on the Planning Staff plan dated June 24, 2015. The proffers approved as part of zoning case C-5C-07 shall be incorporated in this approval.


1641 +8:- 17. The conditions approved as part of provisional use permit case PUP2014-00014 1642 shall be incorporated in this approval. 1643

1644 Mr. Emerson - Mr. Chairman, we now move on to page 20 of your agenda for 1645 POD2015-00175, E. D. Lewis & Associations, PC for Midtown Land Partners, LLC. The 1646 staff report will be presented by Ms. Aimee Crady. 1647


1650

POD2015-00175 Libbie Mill Townhomes Section 1 and Condo Building 1 - Staples Mill Road (U .S. Route 33)

E.D. Lewis & Associates, PC for Midtown Land Partners, LLC: Request for approval of a plan of development and lighting plan , as required by Chapter 24, Section 24-106 of the Henrico County Code, to construct 40 3-story single family residential townhomes for sale and a 4-story 10 unit residential condominium building . The 3.455-acre site is located on the southwest corner of the intersection of Libbie Mill West Boulevard (private) and Libbie Lake West Street (private) , on parts of parcels 773-739-8155 and 773-740-5043. The zoning is UMUC Urban Mixed Use District (Conditional) . County water and sewer. (Brookland)

1651 Mr. Witte - Is there anyone in opposition to the POD and lighting plan 1652 POD2015-00175, Libbie Mill Townhomes Section 1 and Condo Building 1? I see none. e 1653 Ms. Crady, please. 1654

1655 Ms. Crady - All right. In addition to the forty 3-story residential townhouses 1656 for sale outlined in the previous case for conditional approval , the ten-unit four-story 1657 residential condominium building is also included in the POD along Libbie Lake West here. 1658

1659 As infrastructure plans to serve this development including streetscape design were 1660 previously approved , the interior network of these features is included in this approval and 1661 consistent with the overall design of the development. Parking provided with this 1662 residential phase includes adequate spaces within the garage units. The interior parking 1663 lots are also included. In addition to that, on the rear of the structures and the previously 1664 approved parallel parking spaces adjacent will ensure that the development exceeds the 1665 minimum parking requirements. 1666

1667 The architectural information provided is in compliance with all applicable proffers, use 1668 permits, and standards of the Pattern Book for Libbie Mill UMU. The construction will be a 1669 combination of primarily brick and fiber cement siding in a variety of finishes as you can 1670 see by the colors and variations here. All units contain finished square feet, exclusive of 167 1 garages, exceeding the minimum requirements outlined in the Pattern Book and 1672 representing a wide range, between approximately 1500 square feet and 3,000 square 1673 feet per unit. 1674


5 The conceptual landscape plan has been included in your packet, and it provides a 6 continuation of the UMU residential streetscape design for informational purposes only.

1677 The interior landscaping shows typical foundation plantings to supplement the 1678 streetscape. Details wil l be fine-tuned as the construction phase progresses. 1679

1680 A lighting plan with decorative streetscape poles is proposed. Pole-mounted fixtures and 1681 residential building-mounted fixtures are included demonstrating that the illumination 1682 levels in parking areas and throughout the site meet the UMU lighting standards and are 1683 consistent with the overall development design. 1684

1685 Staff recommends approval subject to the annotations on the plan, the standard conditions 1686 for residential townhouses, and conditions 11 B and 29 through 30 in the agenda. The 1687 applicant's representatives are here to answer any questions the Commission may have. 1688 That's Monte Lewis, Eddie Pearson, Shane Finnegan, and Jim Theobald. 1689

1690 Mr. Witte - Are there any questions by the Commission? Thank you. 1691 Mr. Secretary, is this going to involve two motions, one for the lighting plan and one for the 1692 POD? 1693

1694 Mr. Emerson - I believe you can do them all in one. 1695

1696 Mr. Witte - Okay. Does anyone have any questions of the applicant? 7

8 Mrs. Jones - I do not. 1699

1700 Mr. Witte - Okay. Thank you, ma'am. With that I move approval of the 1701 POD and lighting plan for POD2015-00175, Libbie Mill Townhomes Section 1 and Condo 1702 Building 1, as presented , subject to the standard conditions for developments of this type, 1703 the annotations on the plans, and additional conditions 11 Band 29 through 40 as shown 1704 on the agenda. 1705


1708 Mr. Witte - We have a motion by Mr. Witte , a second by Mr. Branin . All in 1709 favor say aye. All opposed say no. The ayes have it; the motion passes. 1710

111 1 The Planning Commission approved the POD and lighting plan for POD2015-00175, 1112 Libbie Mill Townhomes Section 1 and Condo Building 1, subject to the annotations on the 1713 plans, the standard conditions attached to these minutes for developments of this type, 1714 and the following additional conditions: 1715

1716 11 B. Prior to the approval of an electrical permit application and installation of the site 1717 lighting equipment, a plan including light spread and intensity diagrams, and fixture 1718 specifications and mounting heights details shall be revised as annotated on the staff 1719 plan and included with the construction plans for final signature.

o 29. The unit house numbers shall be visible from the parking areas and drives.


1721 30. 1722 1723 1724 1725 31 . 1726 1727 32. 1728 1729 1730 33. 1731 34. 1732 1733 35. 1734 1735 36. 1736 1737 1738 37. 1739 1740 1741 1742 1743 1744 1745 1746 38. 1747 1748 1749 1750 1751 1752 1753 1754 1755 39. 1756 1757 40. 1758 1759 1760 1761 1762

The names of streets, drives, courts and parking areas shall be approved by the Richmond Regional Planning District Commission and such names shall be included on the construction plans prior to their approval. The standard street name signs shall be installed prior to any occupancy permit approval The subdivision plat for Libbie Mill Townhomes Section 1 shall be recorded before any building permits are issued for townhouse units. Prior to issuance of a certificate of occupancy for any building in this development, the engineer of record shall certify that the site has been graded in accordance with the approved grading plans. Outside storage shall not be permitted. The proffers approved as a part of zoning case C-5C-07 shall be incorporated in this approval. The conditions approved as a part of provisional use permit case PUP2014-00014 shall be incorporated in this approval. A construction staging plan which includes details for traffic control , fire protection , stockpile locations, construction fencing and hours of construction shall be submitted for County review and prior to the approval of any final construction plans. A note in bold lettering shall be provided on the erosion control plan indicating that sediment basins or traps located within buildable areas or building pads shall be reclaimed with engineered fill. All materials shall be deposited and compacted in accordance with the applicable sections of the state building code and geotechnical guidelines established by the engineer. An engineer's report certifying the suitability of the fill materials and its compaction shall be submitted for review and approval by the Director of Planning and Director of Public Works and the Building Official prior to the issuance of any building permit(s) on the affected sites. The pavement shall be of an SM-2A type and shall be constructed in accordance with County standard and specifications. The developer shall post a defect bond for all pavement with the Department of Planning - the exact type, amount and implementation shall be determined by the Director of Planning , to protect the interest of the members of the Homeowners Association. The defect bond shall remain in effect for a period of three years from the date of the issuance of the final occupancy permit. Prior to the issuance of the last Certificate of Occupancy, a professional engineer must certify that the roads have been designed and constructed in accordance with County standards. The existing storm sewer easement in conflict with the building footprints A , B, and D shall be vacated prior to approval of the building permit for the said building . The location of all existing and proposed utility and mechanical equipment (including HVAC units, electric meters, junction and accessory boxes, transformers, and generators) shall be identified on the landscape plans. All equipment shall be screened by such measures as determined appropriate by the Director of Planning or the Planning Commission at the time of plan approval.

1763 Mr. Emerson - Mr. Chairman, we now move on to page 23 of your agenda for 1764 POD2015-00180, Balzer and Associates Incorporated for Richmond Venture I LLC and 1765 Happy Boxes Staples Mill LLC. The staff report will be presented by Mr. Matt Ward. 1766


7 PLAN OF DEVELOPMENT AND TRANSITIONAL BUFFER DEVIATION 8

1769

POD2015-00180 Happy Boxes at 8701 Staples Mill Road - 8701 Staples Mill Road (U.S. Route 33)

Balzer and Associates, Inc. for Richmond Venture I, LLC and Happy Boxes Staples Mill, LLC: Request for approval of a plan of development and transitional buffer deviation , as required by Chapter 24, Sections 24-106 and 24-106.2 of the Henrico County Code, to demolish a vacant convenience store with two fuel facility canopies and construct a three-story 89,907 square foot self-storage warehouse. The transitional buffer deviation would reduce the width of the transitional buffer along the northern property line. The 1.30-acre site is located at the northeast corner of the intersection of Staples Mill Road (U .S. Route 33) and Janway Road , on parcel 770-754-6374. The zoning is M-1 Light Industrial District. County water and sewer. (Brookland)

1110 Mr. Witte - Is there anyone in opposition to POD2015-00180, Happy 1111 Boxes at 8701 Staples Mil l Road? We have two. Thank you. Mr. Ward . 1772

1773 Mr. Ward - Good morning. The applicant is requesting to demolish an 1774 existing convenience store that has two gas canopies associated with it, to construct a

s three-story approximately 90,228-square-foot self-storage warehouse. Also, the applicant 6 is requesting a transitional buffer deviation on a portion of the northern property line.

1777

1778 We do have opposition with us this morning. The citizens that I know of would like to 1779 express the massing of the building and future land use compatibility. 1780

178 1 Between the M-1 and 0-2 zoning district here for the 25-foot-wide transitional buffer, the 1782 applicant is required to place nine large trees or evergreen trees, five small deciduous, 1783 and thirty-four shrubs. With the deviation just being reduced fourteen feet, ten feet in width , 1784 the applicant has provided , for informational purposes, the trees here, fourteen in total , 1785 four of which would be large, ten would be medium, six would be smaller evergreen and 1786 fifty-five shrubs. But again , this landscape plan is just for informational purposes only. It's 1787 not part of this approval ; therefore , further details will come back at a later date for staff 1788 review. 1789

1790 Additional site improvements include a public sidewalk along the eastern side of Staples 179 1 Mill Road , internal sidewalk connections, and rooftop HVAC screened so it'll be screened 1792 from public view. And architectural plans show a building at forty feet maximum at its 1793 highest point. Forty-five feet is the allowed height in the M-1 district. A mixture of building 1794 materials is proposed , which include a brick base up to the one-story side of the front and 1795 side elevations of the building combined with EIFS walls in different gray shades above 1796 the brick. And then you have a large open glass storefront that wraps the corner and will 1797 be seen facing Staples Mill and Janway Road .


1799 This does conclude my presentation . I'm happy to answer any questions the Commission 1800 may have of me. We do have Aaron Breed, engineer with Balzer and Associates , as well 1801 as Angela Reagan and Thomas Minton with Suburban Management Group should you 1802 have any questions of them. They're representing the owner. 1803

1804 At this time, we do recommend approval. Should the Commission act on the transitional 1805 buffer deviation , we can recommend approval. That would be with the annotations on the 1806 plan , the standard conditions for developments of this type, and the following conditions 1807 29 through 33. 1808

1809 Mr. Witte - Any questions from the Commission? I'd like to hear from the 181 o opposition first. Would the opposition please come down? 1811

18 12 Mr. Blake - Good morning . I'm Don Blake. I own the red brick building 1813 adjacent to this . I just talked to the planner about it yesterday. I received a notice about it 1814 last week in the mail. I was out of town four days in a row last week, so I just had a chance 1815 to get involved with this. And I have met with the planner and the applicant this morning 1816 with some suggestions. 1817

1818 Mrs. Jones - Excuse me. Mr. Blake, can you move that a little closer? Thank 1819 you . 1820

1821 Mr. Blake - Yes. I have a personal interest in what goes on at the corner 1822 because I own the building next door to it. My objection from my own personal opinion is 1823 the setback from Staples Mill Road to the front of the building . The way it's designed, it 1824 would completely block my building view until you actually get past that building. They 1825 have agreed to address that issue by moving part of the building back about twenty feet, 1826 which would allow more visibility for the bu ild ing that I own. 1827

1828 But I have a greater concern and that's for the future of the property across the street. I 1829 built the buildings where the credit union is, and sold the land to the credit union 1983, '85, 1830 somewhere along there. And occupied those buildings up until just recently. I have been 1831 in the Parham/Staples Mill Road area since 1983, and I've watched the growth there. I'm 1832 very pleased with the growth west of Parham, all the new things that have come in there. 1833 Forty-some thousand cars a day pass through there. 1834

1835 The County's invested a lot of effort into the land use plan for the land they acquired across 1836 the street from this site. It's probably $3 million, wouldn 't you say, Mrs. O'Bannon, in buying 1837 all the land over there and then renovating the buildings there. I'm looking at the long-term 1838 future of Staples Mill Road in that area. I'm fully aware that this land is zoned industrial 1839 and has been for forty-plus years probably. Who would have thought forty years ago that 1840 this facility would actually be here? Forty years it was down on Main Street. I remember 1841 those days. 1842

1843 There's a great investment out here that the County has in this area of Parham and Staples 1844 Mill Road and in that new land. Those of you who do know, Janway Road I believe is


5 planned to be extended into the property the County has acquired and perhaps new ... 6 courthouse facilities will be built on that property. It'll be another gateway into the County

1847 probably twenty years in the future. 1848

1849 Now that cou ld be long after I'm dead and gone, maybe after some of you are no longer 1850 around . But at some point in time I'm concerned that this 90,000-square-foot three-story 1851 building , of which there are no two-story buildings on Staples Mill Road let alone three-1852 story buildings. The only buildings in the area that are three stories are these facilities and 1853 the hospital , to the best of my knowledge. 1854

1855 The building itself is fine , and it's a good project. Being a developer all these years , I 1856 welcome people to use their property to the highest and best use. But this particular 1857 property, if it were to be rezoned today, if it was agriculture, it would never have been 1858 zoned for M-1 . My concern is that sometime in the future the public is going to say how 1859 did this happen, how did this 90,000-square-foot, three-story building get built across the 1860 street from a major entrance into a county facility? That's my concern . And having just 1861 found out about this a week ago by mail , I spoke to Mr. Glover. He didn't know about it; I 1862 told him about it. So my concern is that perhaps the members the Board of Supervisors 1863 don't even know th is is a possibility. Does the County Manager know? He may or may not 1864 know; I don't know. Mr. Director, does the County manager know that there's a possibility 1865 of a 90,000-square-foot box going up across from the entrance to the County facilities? 1866

67 Mr. Emerson - Yes sir, Mr. Blake, I believe the County Manager and the 8 Deputy Manager received copies of our agenda. So yes sir, they should be fully aware.

1869

1870 Mr. Blake - I know the County Manager and the Deputy. 1871

1872 As a citizen , not as a property owner-they can address my individual needs as a property 1873 owner pretty well. Not as well as I would like, but they can address it and make it better. 1874 But I don't think they can make the 90,000-square-foot building box across the entrance 1875 from the County property better. And so I would oppose the building being at that site. I'm 1876 pleased that they're willing to make some change there to help my particular building, and 1877 I want you to know that I'm not looking at th is from a personal standpoint. I'm looking at 1878 this from the long-term. It may be ten years or so before the County actually builds that 1879 facility; who knows what the future holds on th is thing. We know they need new courtrooms 1880 and they need some new facilities. 1881

1882 But my opinion is that it's the wrong building in the wrong place at the wrong time. 1883

1884 Mr. Branin - Mr. Blake, as you know-honestly, we have been in the last I'd 1885 say four months challenged in every district. We're caught in a position where we may not 1886 as a Commission or as a commissioner agree with what is being proposed . But we fall into 1887 the by-right. I know my fellow commissioner from Varina just had a major case where the 1888 community itself, the Commission itself, didn't agree with a particular project. And we're 1889 caught in a position where state regulations supersede our wishes, dreams, and visions,


1890 and our hands are tied. And you as a developer understand that. And I appreciate your 1891 coming out and speaking . But in this case, this is a by-right, you 're aware of that. 1892

1893 Mr. Blake - I'm aware. I know that. I know the zoning. I don't begrudge 1894 them for wanting to maximize the use of the land. 1895

1896 Mr. Branin - We can push as much as we can to get the best quality, but 1897 by-right is by-right. As soon as we say yes, but we don't really feel good about it and don't 1898 want it, then we go into a lawsuit. 1899

1900 Mr. Blake - I wish it would have come to public attention earlier, and then 1901 maybe they would have chosen another site. I hope I live long enough to see the County 1902 facility built , and I hope the people don't say how did this happen. It's happened to me 1903 before. People have said how did you allow this to be built next to-. I've been responsible 1904 for some bad things. 1905

1906 Mr. Branin - Mr. Blake, you 've never been responsible . 1907

1908 Mr. Blake - Yes I have. Because you don't know what's going to happen in 1909 the future. But we know what's going to happen in the future here. Thank you for your 1910 consideration . 1911

1912 Mrs. Jones - Before he leaves, I'd like to ask a question. 1913

1914 Mr. Witte - What do you feel could be adjusted to make it more appealing 1915 to you and your office buildings? 1916

1917 Mr. Blake - They're going to try to adjust the setback. Now, from her 1918 standpoint, I would rather the whole building be set back twenty additional feet, but they're 19 19 talking about cutting out 20 by 20, and then taking that square footage and adding it to the 1920 side of the building so they don't lose their square footage. 1921

1922 The traffic there is 40-some thousand cars a day. There at four o'clock in the afternoon, 1923 it's backed up. Pulling out of our office building park and taking a right-hand turn , you have 1924 to be very careful now to be observant of oncoming traffic, especially at forty miles an hour. 1925 But when they build this facility there , it's going to be even more difficult to see oncoming 1926 traffic. And that's a concern . 1927

1928 If I had a choice, I'd say move the whole thing back twenty feet, which they're going to lose 1929 square footage. I don 't know if they can find another place to put it. 1930

193 1 The side yard requirement, the landscaping on the side adjacent to my property, they're I 932 asking for a variance on that from the 25-foot landscaping buffer 10 feet, which is going to 1933 make an alley. You look at the two buildings, it's going to be like two brick walls there, and 1934 it's going to be an alley there. I'm not happy with that additional 15 feet, but Planning staff 1935 has said it's okay. It's not okay with me, but I'm not here to fight these people. I'm here to


6 try to look out for the best interest of the County, and my own personal use, and those 7 tenants who are in my building there . Personally, I would like to see it put back 20 feet all

1938 the way across there , further than they have it, to get more visibility and more open space. 1939 I just see this big box there on that corner there taking up a lot of space. 1940

194 1 Did that answer your question there? 1942

1943 Mr. Witte - Yes sir. I believe we have another question. 1944

1945 Mrs. Jones - It's a similar question . I do understand your point, and it sounds 1946 like your experience is long and you have the County's interest at heart. What I would ask 1947 is , considering this is a by-right development-and all of us have had self-storage units 1948 come up. It's like someone has opened Pandora's Box of self-storage units. We have had 1949 some self-storage developments that have been very, very attractive, that are as attractive 1950 or more so than some of the office buildings in the area. Without knowing what the use is, 1951 you're driving by and would consider it a high-quality office development. 1952

1953 What I'm hearing from you , if I'm interpreting your comments correctly, is you don't want 1954 a future situation where someone is saying how did that quote-unquote unattractive box 1955 get there right at a critical entryway to County property, potentially. That's what I'm hearing 1956 you say. So you 're not opposed to the use; you 're just opposed to the appearance? Am I 1957 hearing you?

8

9 Mr. Blake - It's going to look fine . It's just a box. It's at the corner there, that 1960 intersection there . It's going to have some effect sometime in the future. I understand Mr. 1961 Branin's point there. I just want to express that opinion . I know you have your 1962 responsibilities and the developers are trying to maximize the use of the land . They say 1963 they're going to work with me on the setback there. I would really prefer if they set-they 1964 would lose some square footage , bring it on back to open it up a little bit. It's going to be 1965 pretty close to the front. The way you look at that build ing , it looks like it's straight across, 1966 but it isn 't. It's a box out front. I'll leave it in your hands. 1967

1968 Mr. Witte - Mr. Blake, have you seen the color elevations? 1969

1970 Mr. Blake - Yes I have. 1971

1972 Mr. Witte - Which is the side that's on Staples Mill , the side street there? 1973 Okay. And how about the front elevation? In my opinion , while the structure is primarily a 1974 box, it doesn't look like a cinderblock square. I think they've taken care to dress it up to 1975 make it fairly attractive in as much as a storage facility is. Compared to other storage 1976 facilities , you don't see the metal roofs and the congestion. We'll talk to them about working 1977 with you , as you have said , and see what we can do to make it a little more appealing for 1978 you. 1979

1980 Mr. Leabough - Could you go back to the Janway elevation , please? There may be a way to break up that mass in there. I don't know how visible the side of the


1982 building will be past the office-I guess that's the office area there. Is the side of the 1983 building going to be fairly visible as you drive down Staples Mill? I would imagine it would 1984 be cause of Janway. There may be a way to kind of do some more architectural treatment 1985 there to break up the mass, because it does look like a box on that side, to be honest. 1986

1987 Mrs. Jones - It has more of a warehouse look. And I think the ones that I 1988 was referring to that have come though the Commission recently have had high-quality 1989 office architectural treatments that make them look as if-and quite honestly, the 1990 operations are quite sophisticated as well. But they make them look like a high-quality 199 1 building , and I think that's what we're after no matter where it is, no matter what the zoning 1992 district. 1993

1994 Mr. Leabough - I guess the operations occur internally to the building? So then 1995 there will be a garage door, it looks like, that you 'll also see as you drive down Staples Mill. 1996 Am I correct? There's a garage door that you see, the bump-out. It does kind of have a 1997 warehouse feel. There may need to be some enhancements made to make it look like the 1998 other projects that we've seen before. 1999

2000 The other thing that I would point out is-the notice requirements have been met, correct, 2001 as far the public notification, Mr. Emerson? 2002

2003 Mr. Emerson - Yes sir, they have. 2004

2005 Mr. Leabough - Okay. I just wanted to make sure. You all are usually great 2006 about that, but I just wanted to confirm. 2007


2010 Mr. Branin - With regards to what Mr. Leabough was just saying , if you put 20 11 in a couple of faux windows in the front to make it look more like an office building , which 20 12 is what I did on Pouncey and on Pemberton . I have two buildings pretty much same size, 2013 aren't they? 2014

2015 Mr. Emerson - Pretty close. Very close. 20 16

2011 Mr. Branin - And they look like office buildings. 20 18

2019 Mr. Witte - All right. Great idea. 2020

2021 Mr. Blake - What about that wall on the side, Mr. Branin? 2022

2023 Mr. Branin - That's what we're talking about. Because of these, the 2024 popularity, you can dress them up to look just like they're office buildings. 2025

2026 Mr. Blake - Good idea. Thank you. 2027


8 Mr. Witte - Thank you , sir. We have another gentleman in opposition? 9

2030 Mr. Moore - Yes. My name is Brett Moore. I am the district manager of 2031 Staples Mill Mini Storage. Carol ine Williams could not be here today; she was sick. The 2032 same concerns he had we also have. Overcrowding , traffic problems, the height of the 2033 building , how far the build ing is in the front. 2034

2035 The other question is are these pods? Are they pods that they actually deliver and put into 2036 the warehouse? 2037

2038 Mr. Witte - No sir. 2039

2040 Mr. Moore - These are actually storage units. 2041

2042 Mr. Witte - Yes sir. 2043

2044 Mr. Moore - Okay, okay. That's all I have. 2045

2046 Mr. Witte - Thank you , sir. Any questions? Would the applicant come 2047 forward , please? 2048

2049 Mr. Breed - Good morning , Mr. Chairman , members of the Commission . :w. o My name is Aaron Breed . I'm with Balzer and Associates representing the applicant.

1

2052 Mr. Witte - Good morning. Can you address some of these concerns, first 2053 of all the setbacks? 2054

2055 Mr. Breed - Yes sir. The front of the building along here-there's a 25-foot 2056 building setback. Our closest point is approximately 40 feet back. So we're beyond what 2057 the required setback would be there. We also meet the setbacks on the other sides of the 2058 building. This northern side where we are asking for the buffer reduction or deviation there, 2059 the exiting site that's currently there is within that area as well. This building with the 2060 landscaping we feel is going to provide a nice transition between the two uses. 2061

2062 There were a couple of other points that the gentleman brought up, and I don't know if you 2063 want to go through them. 2064

2065 Mr. Witte - Continue. 2066

2067 Mr. Breed - Okay. The building elevations. It's a high-quality building . 2068 There's a mix of materials to give it more of an office feel. The Janway Road side, there 2069 are some setbacks in the building . So from the elevation it does look like it is a flat building , 2010 but there are a couple of jogs in that building , some step backs through here to break up 2011 that massing. There is no garage door. It's just sliding glass doors to be able to get into 2012 that facility. So no garage doors will be on that side.


2074 The use from a traffic standpoint. This is a very low traffic generator. It's not like a retail 2075 building. There is not a concern from a traffic standpoint on this . The sight lines are the 2076 concern with people exiting the existing office building . There's a clear sight line there, so 2077 from a safety standpoint there's good visibility as anybody is leaving that site heading 2078 northwest on Staples Mill. 2079

2080 Like was brought up, it's a by-right use, so we feel it's definitely an improvement to what's 2081 there currently. It would be a benefit to the community. The building itself is a nice looking 2082 building . It does have more of an office feel. And it's a very safe and secure building as 2083 well. 2084

2085 Mr. Branin - Would you repeat that last thing? 2086

2087 Mr. Breed - It is a by-right use. The building itself is a high-quality building. 2088 We have a mix of materials on the building so it's not just a solid mass. There's a nice 2089 glass-front atrium that would be visible from the corner of Janway and Staples Mill. 2090

2091 Mr. Branin - You're the representative for Happy Boxes? 2092

2093 Mr. Breed - Yes sir. 2094

2095 Mr. Branin - The idea of putting windows into it? 2096

2097 Mr. Breed - I'll defer to the applicant on that as far as the building elevations 2098 and if they'd be willing to address those. 2099

2100 Mr. Minton - I'm Thomas Minton. I'm with Happy Boxes. 2101

2102 Mr. Branin - Hello, Mr. Minton. How are you? 2103 2104 Mr. Minton - Good. How are you? 2105

2106 Mr. Branin - I'm doing very well today. 2107

2108 Mr. Minton - I think Aaron has a good point. It's kind of hard to see. It does 2109 look like a flat wall going along there. But if you notice, on the Janway side it does have a 2110 couple jogs in it. 2111

2112 Mr. Branin - But it is still just a straight mass. 2113

2114 Mr. Leabough - You're not going to see that from the side once you-2115

2116 Mr. Minton - We actually do have a three-story glass atrium look on the 2117 corner of Staples Mill and Janway. When we first started the project, we had metal and 2118 EIFS, and we've gone back at the planner's request and done the brick all the way around 2119 the building. We actually found a brick that is identical to the Panera up on the corner of


~ o Parham and Staples Mill. So this is the brick that we're going to use, which is almost identical to some of the bricks that have been used recently nearby.

2122

2 123 Mr. Leabough - Still a lot of EIFS. 2124

2125 Mr. Witte - Can we get back to the faux windows? 2126

2121 Mr. Branin - Yes. That was a great distraction , but I got you right back to 2128 where I wanted I want you. 2129

2130 Mr. Minton - I guess maybe I didn't understand. 2131

2132 Mr. Branin - I'm sure staff can provide you with a couple of different 2133 elevations because we've had a lot of these just this year. We've had several of these in 2134 several different districts. And yours is the only one so far that's a big box. Everybody else 2135 has put windows in it to make it-the gentleman from Balzer said well it looks like an office. 2136 It really doesn 't look like an office. By putting faux windows in , it breaks up-and I see your 2137 jogs and they're very nice. By putting the windows in, it creates- and in this area, to Mr. 2138 Blake's point, you are right near our government center. A lot of offices coming in . You 2139 have the Villas just not too far. It's a big jump. 2140

2 141 Mr. Minton - I have no problem doing that. 42

3 Mr. Branin - I think you would be happier. 2144

2145 Mr. Minton - Yes, we can do that. 2146

2147 Mr. Branin - And there 's nothing better than a happy Happy Box. 2148

2149 Mr. Minton - We have no problem adding more glass to this, if that's what 2150 you want. 2151

2152 Mr. Branin - Fantastic. 2153

2154 Mr. Minton - In regards to the neighbor next door, we have already met with 2 155 him this morning and have agreed to jog in that corner an additional 20 feet by 20 feet, 2156 which should give him more than enough view of his one-story building as you 're going 2157 down Staples Mill. So we will verbally agree to do that. And add more windows. 2158

2159 Mr. Branin - And I'll say again to Matt, would you get him, especially the 2160 Pemberton? 2161

2162 Mr. Ward - I actually had some printed out. 2163

2164 Mr. Branin - Not that I wasn't prepared for you. 5


2166 Mr. Minton - We're happy to do that. 2167

2168 Mrs. Jones - I'd like to ask something . By the way, there's a beautiful looking 2 169 storage unit coming in Tuckahoe as well. I'm sure Mr. Ward meant to get that for you and 2110 just probably-however, I'd just like to ask an operational question or two, and I'm not sure 2111 who the best one is to answer. Some of the qualities of these self-storage units have been 2112 truly amazing , the ones that have come forward. So I'd like you to talk about what your 2173 security measures are. I'm assuming th is is climate controlled and an all interior operation. 2174 I'm not sure I'm familiar with your operations. 2175

2176 Mr. Burnett - Yes ma'am. My name is Michael Burnett. Now it's a whole new 2111 world with storage. We've seen the generation one with no climate control , and those are 2178 becoming obsolete, the single-story facilities that are lined up in a row. There may still be 2179 some uses for those, but when people go to get their stuff out of it, they're have mildew, 2180 they're wet, they haven't had any climate control. And we don't have anybody living on site 2 181 now. And we'll probably be able to get a better manager if we don't say oh , and by the 2182 way, you also have to live there. We run it like a professional office facility that stores your 2183 property. 2184

2185 For security measures, we have cameras throughout the facility, operating hours. All the 2186 types of professional th ings that you would see. 2187

2188 Mrs. Jones - When you say operating hours, do you have a manager on site 2189 for business hours? 2190

2191 Mr. Burnett - Absolutely. Yes ma'am. 2192

2193 Mrs. Jones - And what are they? 2194

2195 Mr. Burnett - Typically 9 to 6 is the office. And then we allow access from 2196 7 a.m. to 7 p.m., the punch-code access that will get you in the door and then onto the 2197 elevator or if you 're on the first floor. 2198 2199 Mrs. Jones - Is there monitoring of the cameras offsite? 2200

2201 Mr. Burnett - Yes. 2202

2203 Male - [Off microphone.] It's recorded. 2204

2205 Mr. Burnett - And we record it on DVR. 2206

2201 Mrs. Jones - Okay. Do you have other locations in Henrico? 2208

2209 Ms. Reagan - Hi , I'm Angela Reagan, and I'm with Happy Boxes. We have 2210 one off of West Broad Street, Happy Boxes West End. And then we just have one in 2211 Chester as well.


2

3 Mrs. Jones -22 14

2215 Ms. Reagan -2216

2211 · Mrs. Jones -2218

2219 Ms. Reagan -2220

222 1 Mrs. Jones -2222

2223 Ms. Reagan -2224 renovations. 2225

Where is Happy Boxes West End?

It's off of West Broad Street where the Guitar Center is.

Oh , yes.

We purchased that one. It was a purchase.

Party City?

Yes. It's back there, yes. We've taken that over and done some

2226 Mrs. Jones - Okay. I would only stress that I th ink with this new generation 2221 you just referred to of storage facilities that the look of these needs to come along with the 2228 technology involved. And while I think you 've obviously been sensitive to that, I think the 2229 quality we're seeing in some other projects that have come before us is, at least from an 2230 architectural standpoint, quite a bit more than I'm seeing here. So I would encourage-2231 however Mr. Witte chooses to move along with this-that there be some real thought given 2232 to maybe some revisions to those architecturals to keep in line with other projects. You 2233 want to be competitive as well , so. I would think that's something to consider.

4

s Ms. Reagan - Absolutely. 2236

2237 Mr. Witte - Any other questions? All right. I have two suggestions that I will 2238 put in a motion. One is that the architecturals come back to the Commission as well as the 2239 redesign for the offset. I don't feel that these types of facil ities will make the other types of 2240 facilities obsolete. I feel there is a real need for the type with the garage doors and the 2241 access right there. As a matter of fact, I believe a few more of those would be called for 2242 as I usually see they're pretty full. The faux windows I think are critical , as well as assisting 2243 Mr. Blake with his concerns for the setbacks. 2244 2245 While I intend to recommend approval , we will need some more detail work. I think this 2246 use is much better than what's been there in the past, and I don't think this will consistently 2247 be turned over and shut down and an eyesore like we've had there previously. I'd also like 2248 to make mention that Staples Mill Road right there is six to eight lanes wide. And I don't 2249 think it's going to negatively affect anything on the other side of the road. And there are 2250 some reasonably tall buildings back behind it, the recycling center and such, as well as 2251 the four-story-it used to be the medical-2252

2253 Mr. Leabough - McKesson? 2254

2255 Mr. Witte - Yes, McKesson. I think that this will fit well with the area. It'll be 2256 much nicer than most of the warehouses back there that are cinderblock and tin roofs and

whatever.


2258

2259 So with that being said , I understand we have to have two motions. Is that correct? 2260

2261 Mr. Emerson - One for the deviation and one for the plan of development. 2262

2263 Mr. Witte - Okay. Well I move approval of the transitional buffer deviation 2264 as presented . 2265


2268 Mr. Witte - We have a motion by Mr. Witte , a second by Mr. Leabough. All 2269 in favor say aye. All opposed say no. The ayes have it; the motion passes. 2270

2271 Now I move approval of POD2015-00180, Happy Boxes at 8701 Staples Mill Road , as 2272 presented , subject to the annotations on the plans, the standard conditions for 2273 developments of this type, additional conditions 29 through 33 as shown on the agenda, 2274 and the request that we will bring the architecturals back to the Director of Planning who 2275 will work with me to make sure everyth ing works out. 2276

2277 Mrs. Jones - As well as the site plan with the redesign. 2278

2279 Mr. Witte. - Oh , absolutely. As well as the site plan with the changes in the 2280 front elevation. 2281


2284 Mr. Witte - We have a motion by Mr. Witte , a second by Mr. Branin . All in 2285 favor say aye. All opposed say no. The ayes have it; the motion passes. 2286

2287 The Planning Commission approved POD2015-00180, Happy Boxes at 8701 Staples Mill 2288 Road , subject to the annotations on the plans, the standard conditions attached to these 2289 minutes for developments of this type, and the following additional conditions: 2290

229 1 29. 2292 2293 30. 2294

2295

2296

2297 31 . 2298

2299 32 . 2300

2301

2302 33 . 2303

The entrances and drainage facilities on Staples Mill Road (U .S. Route 33) shall be approved by the Virginia Department of Transportation and the County. A notice of completion form, certifying that the requirements of the Virginia Department of Transportation entrances permit have been completed, shall be submitted to the Department of Planning prior to any occupancy permits being issued. A concrete sidewalk meeting VDOT standards shall be provided along the east side of Staples Mill Road (U.S. Route 33). There shall be no outdoor storage, or outdoor storage in moveable storage containers including , but not limited to , cargo containers and portable on demand storage containers. The location of all existing and proposed utility and mechanical equipment (including HVAC units, electric meters, junctions and accessory boxes,


4 transformers, and generators) shall be identified on the landscape plan. All building 5 mounted equipment shall be painted to match the building , and all equipment shall

2306 be screened by such measures as determined appropriate by the Director of 2307 Planning or the Planning Commission at the time of plan approval. 2308

2309 Mr. Emerson - Mr. Chairman , we now move to page 25 of your agenda for 23 10 POD2015-00183, Silvercore for JEFAN, LLC. The staff report will be presented by Mr. Matt 23 11 Ward . 2312


2315

POD2015-00183 Waffle House at Parham Road - E. Parham Road

Silvercore for JEFAN, LLC: Request for approval of a plan of development, as required by Chapter 24, Section 24-106 of the Henrico County Code, to construct a one-story 1,875 square foot restaurant within an existing parking lot. The 0.34-acre site is located along the north side of E. Parham Road , approximately 195 feet east of Staples Mill Road (U .S. Route 33) , on part of parcel 770-755-3468. The zoning is M-1 Light Industrial District. County water and sewer. (Brookland)

23 16 Mr. Witte - Is there any opposition to POD2015-00183, Waffle House at Parham Road? I see none. Mr. Ward.

23 19 Mr. Ward - Good morning again. This proposal is to construct an 1875-2320 square-foot one-story restaurant within the existing parking lot here between Burger King 232 1 and a vacant restaurant building. A ten-foot-wide transitional buffer is required on the 2322 eastern property line. And as shown on the architectural drawings, we have a building 2323 constructed primarily of earth tone masonry, spl it-face block accent bands around the top 2324 of the building and standing seam metal awnings over the storefront, which would be along 2325 the East Parham Road frontage. 2326

2327 Staff does recommend approval of the plan of development with the standard conditions 2328 for developments of this type and conditions 29 through 34. I'd be happy to answer any 2329 questions the Commission may have of me. The engineer, Steve King , and the applicant, 2330 Walter Barineau , are here should you have any questions of them. 233 1

2332 Mr. Witte - Does the Commission have any questions for Mr. Ward? I see 2333 none. Would anybody like to hear from the applicant? Okay. With that I move approval of 2334 POD2015-00183, Waffle House at Parham Road , as presented , subject to the annotations 2335 on the plans, standard conditions for developments of this type, and additional conditions 2336 29 through 34 as shown on the agenda. 2337



2340 Mr. Witte - We have a motion by Mr. Witte, a second by Mr. Branin . All in 2341 favor say aye. All opposed say no. The ayes have it; the motion passes. 2342

2343 The Planning Commission approved POD2015-00183, Waffle House at Parham Road , 2344 subject to the annotations on the plans, the standard conditions attached to these minutes 2345 for developments of this type, and the following additional conditions: 2346

2347 29. A concrete sidewalk meeting County standards shall be provided along the north 2348 side of E. Parham road . 2349 30. Outside storage shall not be permitted. 2350 31 . The developer shall install an adequate restaurant ventilating and exhaust system 2351 to minimize smoke, odors, and grease vapors. The plans and specifications shall 2352 be included with the building permit application for review and approval. If, in the 2353 opinion of the County, the type system provided is not effective, the Commission 2354 retains the rights to review and direct the type of system to be used. 2355 32. Approval of the construction plans by the Department of Public Works does not 2356 establish the curb and gutter elevations along the Henrico County maintained right-2357 of-way. The elevations will be set by Henrico County. 2358 33. Evidence of a joint ingress/egress and maintenance agreement must be submitted 2359 to the Department of Planning and approved prior to issuance of a certificate of 2360 occupancy for this development. 2361 34. The location of all existing and proposed utility and mechanical equipment 2362 (includ ing HVAC units, electric meters, junctions and accessory boxes, 2363 transformers , and generators) shall be identified on the landscape plan. All building 2364 mounted equipment shall be painted to match the building , and all equipment shall 2365 be screened by such measures as determined appropriate by the Director of 2366 Planning or the Planning Commission at the time of plan approval. 2367

2368 Mr. Emerson - Mr. Chairman , we now move on to page 27 of your agenda for 2369 POD2015-00185, Silvercore for Oakview Properties LLC and Haley Builders. The staff 2370 report will be presented by Mr. Lee Pambid . 2371


2374

POD2015-00185 Lindsay's Auto Repair Addition - 8701 Oakview Avenue POD-42-85 Revised

June 24, 2015

Silvercore for Oakview Properties, LLC and Haley Builders: Request for approval of a plan of development, as required by Chapter 24, Section 24-106 of the Henrico County Code, to construct a 2,890 square foot addition to an existing 4, 106 square foot auto repair building . The 0.50-acre site is located on the east line of Oakview Avenue, approximately 600 feet south of its intersection with Oakdale Avenue, on parcel 771-755-8541 . The zoning is M-1 Light Industrial District. County water and sewer. (Brookland)

56 Planning Commission - POD

5 Mr. Witte - Is there any opposition to POD2015-00185, Lindsay's Auto 6 Repair Addition? I see none Mr. Pambid.

2377

2378 Mr. Pambid - Good morning. The applicant proposes a one-story 2,890-2379 square-foot addition to an existing one-story 4, 106-square-foot building that was originally 2380 approved as the Lance Building . The existing building is currently used for auto repair, and 2381 the proposed addition is shown as storage on the layout plan. Six auto service bays are 2382 proposed in the existing building . 2383

2384 A permitted setback substitution provided for in Section 24-94(s) is being employed in 23 85 order to build in a normally required rear yard setback, and that is this setback here. The 2386 adjacent property is zoned M-1 C and serves as a staging and storage yard for Glen Allen 2387 Towing. The equivalent of the thirty-foot rear yard setback is being provided for along the 2388 southern side yard where none is normally required , and that is here. 2389

2390 Staff has requested that the pavement surface be brought up to a serviceable condition ; 2391 alligator cracking and grass is evident on the existing pavement. 2392

2393 The proposed building features blue metal siding and a white metal roof to match the 2394 existing building . 2395

2396 Staff has received no comments from adjacent property owners. Staff recommends 7 approval of this subject to the annotations on the plans, the standard conditions for 8 developments of this type, and additional conditions 29 through 31 .

2399

2400 This concludes my presentation. Staff can now field any questions you have regarding 240 1 this . Andrew Bowman, the project engineer with Silvercore, and I believe the applicant 2402 representative and building , Greg Haley, are also here. 2403

2404 Mr. Witte - Are there any questions for Mr. Pambid? 2405

2406 Mrs. Jones - Mr. Pambid , your report says that staff has requested that 2407 pavement surface be brought up to a serviceable condition . I'm sorry, did you say it has-2408 they have agreed to that? 2409

2410 Mr. Pambid - We have requested that. We have been told verbally that the 24 11 applicant would be willing to remove any grass and to seal it. 2412

24 13 Mrs. Jones - I think that sounds reasonable. Is that what staff was 2414 requesting? 24 15

24 16 Mr. Pambid - We have also suggested milling and paving, but their response 2417 was removal of grass and sealing . 2418

2419 Mrs. Jones - Well that may be a point of conversation . 0


2421 Mr. Witte - I actually met with Mr. Lindsay on site I'm going to say a week 2422 and half or so ago. We walked the property, and I had a couple of concerns. One was with 2423 all the unlicensed apparently non-repairable vehicles , and he has agreed to move all 2424 those, as well as upgrade the parking lot. He explained to me that a lot of damage gets 2425 done to the parking lot on a regular basis by towing vehicles, dropping off cars, and other 2426 things used with a body shop. He would prefer not to repave the whole parking lot, that 2427 that would be an economical hardship. But he felt like he could kill all the growth and seal 2428 it sufficiently. So that will be a topic of discussion. Any other questions for Mr. Pambid? 2429

2430 Mr. Leabough - I'm not understanding that. Sorry. An economical hardship? 2431 He's building a new addition , right? 2432

2433 Mr. Witte - They're going to do the addition , but that severely limits their 2434 space for ingress and egress. 2435

2436 Mr. Leabough - Okay. 2437

2438 Mr. Witte - It cuts off the whole back. There used to be a horseshoe shape 2439 that they could go completely around. And now it's going to be one side or the other. So 2440 there will be minimal parking other than inside the facility or off site. And I understand he 2441 has an off-site facility. 2442

2443 Mrs. Jones - But it just seems to me if we are all agreed that quality is one 2444 benchmark for every single district, and we want to keep that in all of our conversations, 2445 that a paved surface suitable for the operations that are taking place seems to be a no 2446 brainer to me. 2447

2448 Mr. Leabough - I agree. 2449

2450 Mr. Witte - It's already paved . It just has a lot of grass growing through it. 2451 But I agree too. 2452

2453 Mr. Leabough - For all intents and purposes it's not paved , though , to a 2454 standard that we would want to see. 2455

2456 Mr. Witte - I agree that the upgrade would be better. Okay. I'd like to hear 2457 from the applicant please. 2458

2459 Mr. Bowman - Good morning , my name is Andrew Bowman with Silvercore, 2460 representing the applicant. 2461

2462 Mr. Witte - Good morning , Mr. Bowman. Yes, it's still morning . You've 2463 heard the discussion. One, I'd like to get on record that all un-repairable or non-attended 2464 repaired vehicles be removed from the property. 2465


~ 6 Mr. Bowman - It's my understanding that that is the intention of the property 7 owner, yes.

2468

2469 Mr. Witte - So you do agree with that. 2470

247 1 Mr. Bowman - Yes. 2472

2473 Mr. Witte - Okay. Now the parking lot, the other issue. While I understand 2474 the concern over repaving , I think there is enough elevation there to repave, and I think it 2475 would be a good idea. I spoke to Mr. Lindsay. We didn 't go into detail about it, but his 2476 suggestion was to clear and seal. Are you opposed to the repaving? 2477

2478 Mr. Bowman - I cannot be in opposition or a proponent of it. I've not had any 2479 conversations with him to do so other than just removing the grass and weeds and sealing . 2480

2481 Mr. Witte - Well , I think this is going to be a major issue, so I'm going to 2482 suggest that we defer this until we can settle this issue. 2483

2484 Mr. Bowman - Okay. 2485

2486 Mr. Witte - Would you like to defer or would you like me to defer? 2487

88 Mr. Bowman - I will go ahead and defer the project. 9

2490 Mr. Witte - Okay. Any other questions by the Commission? With that-249 1

2492 Mr. Emerson - The twenty-second . 2493

2494 Mr. Witte - Is the 22nd of July okay? 2495

2496 Mr. Bowman - Yes. 2497

2498 Mr. Witte - I move that POD2015-00185, Lindsay's Auto Repair Addition, 2499 be deferred at the request of the applicant to the July 22 , 2015 meeting . 2500

250 1 Mr. Archer - Second. 2502

2503 Mr. Witte - We have a motion by Mr. Witte, a second by Mr. Archer. All in 2504 favor say aye. All opposed say no. The ayes have it; the motion passes. 2505

2506 At the request of the applicant, the Planning Commission deferred POD2015-00185, 2507 Lindsay's Auto Repair Addition , to its July 22 , 2015 meeting . 2508

2509 I believe that's the end of the Brookland show. It's Mr. Leabough's turn . 25 10


2511 Mr. Emerson - Mr. Chairman, we now move on to page 29 of your agenda for 2512 POD2015-00170, Bohler Engineering for O'Reilly Automotive Stores Incorporated, Harsol 2513 Realty Incorporated , and Casco Diversified . The staff report will be presented by Mr. Greg 2514 Garrison. 2515


POD2015-00170 O'Reilly Auto Parts - 2906 Williamsburg Road

Bohler Engineering for O'Reilly Automotive Stores, Inc., Harsol Realty, Inc., and Casco Diversified: Request for approval of a plan of development and lighting plan , as required by Chapter 24, Section 24-106 of the Henrico County Code, to remove 3 existing one-story metal buildings and construct a one-story 7,453 square foot automotive retail store. The 1.4-acre site is located on the north line of Williamsburg Road , approximately 650 feet east of its intersection with Charles City Road , on parcel 809-714-1540. The zoning is B-3 Business District. County water and sewer. (Varina)

2518

2519 Mr. Witte - Is there any opposition to POD2015-00170, O'Reilly Auto 2520 Parts? I see none. Mr. Garrison. 2521

2522 Mr. Garrison - Good morning . A minor correction here. The lighting plan has 2523 been removed from this approval to address comments made by the police. I just wanted e 2524 to clarify that. That will be a separate submittal. 2525

2526 Mr. Witte - Thank you. 2527

2528 Mr. Garrison - This is a request to replace three existing one-story metal 2529 buildings with a one-story 7,453-square-foot automotive retail store. The plans in your 2530 agenda reflect enhancements to the building elevation such as pilasters and cornices. 2531 That is reflected here. The site plan in your agenda addresses staff's comments regarding 2532 parking islands and adequate back-out spaces. Therefore, the staff can recommend 2533 approval subject to the standard conditions for developments of this type, the annotations 2534 on the plan , and added conditions 29 through 35. 2535

2536 Staff and representatives of the applicant are available to answer any questions that you 2537 have. 2538

2539 Mr. Witte - Do we have any questions from the Commission? 2540

2541 Mr. Leabough - I'd just like to talk to the applicant. 2542

2543 Mr. Witte - Would the applicant come down, please? 2544


5 Mr. Smith - Good morning . My name is Darrin Smith with Bohler 6 Engineering.

2547

2548 Mr. Leabough - A question for you . So you all are in agreement that there will 2549 be planting material in the landscape island? 2550

2551 Mr. Smith - Yes. 2552

2553 Mr. Leabough - Okay. And as well , landscaping along Williamsburg? 2554

2555 Mr. Smith - Yes. 2556

2557 Mr. Leabough - It will come back to staff. But I just wanted to get you on record . 2558 This is an important corridor for us, so making sure that it's heavily landscaped and that 2559 the islands are landscaped as well is important to us. Thank you for the improvements to 2560 the buildings to be in alignment with the Advanced Auto across the street. We appreciate 2561 that. 2562

2563 Mr. Smith - Thank you . 2564

2565 Mr. Leabough - All right. 2566


2569 Mr. Leabough - With that I move that POD2015-00170, O'Reilly Auto Parts, 2570 2906 Williamsburg Road , be approved subject to standard conditions for developments of 257 1 this type, annotations on the plans, and the additional conditions 29 through 35 as noted 2572 in the agenda. 2573

2574 Mr. Archer - Second. 2575

2576 Mr. Witte - We have a motion by Mr. Leabough , a second by Mr. Archer. 2577 All in favor say aye. All opposed say no. The ayes have it; the motion passes. 2578

2579 The Planning Commission approved POD2015-00170, O'Reilly Auto Parts, subject to the 2580 annotations on the plans, the standard conditions attached to these minutes for 2581 developments of this type, and the following additional conditions: 2582

2583 29. 2584

2585

2586

2587

2588 30. 2589

The right-of-way for widening of Williamsburg Road as shown on approved plans shall be dedicated to the County prior to any occupancy permits being issued . The right-of-way dedication plat and any other required information shall be submitted to the County Real Property Agent at least sixty (60) days prior to requesting occupancy permits. The entrances and drainage facilities on Williamsburg Road (State Route 60) shall be approved by the Virginia Department of Transportation and the County.


2590 31 . A notice of completion form , certifying that the requirements of the Virginia Department of Transportation entrances permit have been completed, shall be submitted to the Department of Planning prior to any occupancy permits being issued.

259 1

2592

2593

2594 32. A concrete sidewalk meeting VDOT standards shall be provided along the north side of Williamsburg Road . 2595

2596 33. Outside storage shall not be permitted . 2597 34. The location of all existing and proposed utility and mechanical equipment

(including HVAC units, electric meters, junctions and accessory boxes, transformers , and generators) shall be identified on the landscape plan . All building mounted equipment shall be painted to match the building , and all equipment shall be screened by such measures as determined appropriate by the Director of Planning or the Planning Commission at the time of plan approval.

2598

2599

2600

2601

2602

2603 35. Except for junction boxes, meters, and existing overhead utility lines, and for technical or environmental reasons , all utility lines shall be underground . 2604

2605

2606 Mr. Emerson - Mr. Chairman, we now move on to page 31 of your agenda for 2607 POD2015-00182, Engineering Design Associates for Virginia Becknell Investors LLC and 2608 Becknell Services LLC. This item also appears on your amended agenda page 5. The staff 2609 report will be presented by Mr. Lee Pambid . 2610

2611 PLAN OF DEVELOPMENT AND REVISED MASTER PLAN 2612

2613

POD2015-00182 Airport Distribution Center - Building E - 2700 Distribution Drive Revised Master Plan

Engineering Design Associates for Virginia Becknell Investors, LLC and Becknell Services, LLC: Request for approval of a plan of development and revised master plan, as required by Chapter 24, Section 24-106 of the Henrico County Code, to construct a 216,000 square foot office warehouse. The 17.166-acre site, as part of an 85.336 acre master plan, is located on the southeast corner of the intersection of Darbytown Road and S. Laburnum Avenue, on part of parcel 814-699-7796. The zoning is M-1 C Light Industrial District (Conditional) and ASO Airport Safety Overlay District. County water and sewer. (Varina)

2614 Mr. Witte - Is there any opposition to POD2015-00182, Airport Distribution 2615 Center, Building E? We have one. Thank you, sir. We'll have you up here. Mr. Pambid . 2616

2617 Mr. Pambid - Good morning . The applicant proposes the construction of a 26 18 216 ,000-square-foot office warehouse and a master plan amendment. The master plan 2619 amendment is to add approximately six acres of land. These two additions to the master 2620 plan are subject to previous rezonings . 2621

2622 In your addendum, you will find a berm and buffer plan that illustrates extension of the ten-2623 foot berm as requested by staff. This berm will screen the rest of the development from


4 Miller Road . The existing berm appears to be well maintained, and the required 5 landscaping is mature and in good health .

2626

2627 Also in your addendum are elevations that show the colors of the tilt-up concrete panels. 2628 The applicant proposes three different shades of gray. The materials and colors are in 2629 keeping with existing buildings on site. Again , the building will be constructed of tilt-up 2630 concrete panels. These are examples of existing buildings on site, which are also of a tilt-263 1 up concrete construction . 2632

2633 Until now, staff has received no comments from the adjacent property owners. Staff 2634 recommends approval subject to the annotations on the plan, standard conditions for 2635 developments of this type, and additional conditions 29 through 34. 2636

2637 This concludes my presentation . Staff can now field any questions you have regarding 2638 this. Also , Randy Hooker, the project engineer with Engineering Design Associates is here. 2639

2640 Mr. Witte - Any questions from the Commission? 2641

2642 Mr. Leabough - I'd like to hear from the opposition. Or the person with a 2643 question. I don't know if he's really in opposition . 2644

2645 Mr. Witte - Sir, would you like to come down and ask your questions? ~6

7 Mr. Richardson - First I would-2648

2649 Mr. Leabough - Sir, could you state your name for the record? 2650

265 1 Mr. Richardson - James Richardson . I own the property on 2555 Darbytown 2652 Road. I'm trying to make sure I have this correct in my mind. 2653

2654 Mr. Leabough - Before you get started , could you point out where your property 2655 is in relationship to this site? It may be pretty hard. Are you further down Darbytown? 2656

2657 Mr. Richardson - I haven't the slightest idea from what is up there. 2658

2659 Mr. Leabough - All right. That's a better picture, perhaps. 2660

266 1 Mr. Richardson - All right, where is Darbytown Road? Okay. 2662

2663 Mr. Leabough - So you 're right there. Okay, got it. Thank you , sir. 2664

2665 Mr. Richardson - Yes, that's correct. As I was stating , the location of the revised 2666 structure is going to be not where I thought, so I don't think it's going to affect me. It's not 2667 on Laburnum and Darbytown, then . It's on Miller Road . 2668

Mr. Leabough - Yes. It's the property that's highlighted on the map.


2670

2671 Mr. Richardson - Then that would not affect any type of drainage, water drainage 2672 or anything else that may come into play for the entire complex then, I would gather. Well , 2673 that having been clarified , I thank you very much. 2674

2675 Mr. Leabough - Thank you for being here, sir. 2676

2677 Mr. Richardson - Yes sir. 2678

2679 Mr. Witte - Thank you , Mr. Richardson . Any other questions by the 2680 Commission? 2681

2682 Mr. Leabough - I would like to just ask the applicant to come forward just to talk 2683 briefly about how drainage will be handled onsite just for our edification as well as for future 2684 phases because there are two future phases that have not been built to date. So could 2685 you speak to that, Mr. Hooker? 2686

2687 Mr. Hooker - Good morning , Mr. Chair, Planning Commission members, Ms. 2688 O'Bannon. My name is Randy Hooker with Engineering Design Associates . The 2689 drainage-this is an existing site that was laid out in the late '90s, and there is a series of 2690 ponds on the property. All the utilities, all the stormwater facilities exist on the site. There 269 1 are pads in place today for Building E, Building D, as well as Building B. Again, all that 2692 storm pipe and everything is already in the ground . 2693

2694 Since the original development, flanking properties were purchased , this property here on 2695 the end , as well as this piece of property down adjacent to Mr. Richardson's property at 2696 Darbytown Road. These were purchased with the mindset of providing additional parking 2697 for buildings D and E. We're showing a small basin to go in adjacent to this proposed 2698 parking lot to address additional stormwater runoff to the increasing impervious area. But 2699 this portion of the development here, the storm pipe makes its way to this pond , and 2100 eventually all the stormwater makes its way to this pond here. 2701 2102 Mr. Leabough - And is slowly discharged . 2703 2704 Mr. Hooker - Yes. 2705

2706 Mr. Leabough - So in your opinion , what you're doing in terms of collecting and 2101 distributing stormwater is actually improving the conditions that are out there or prior to 2708 this development being constructed . 2709

2110 Mr. Hooker - I'm not saying it's improving it, but it meets all the stormwater 21 11 regulations today, which are stricter than what they were when this project was started . 2112 So I don't know if you can say it's better or not, but the stormwater regulations are stricter 271 3 today. 2714


5 Mr. Leabough - Okay. And the additional berm area along Miller Road , you all 6 have agreed to provide that, correct? A ten-foot berm?

27 17

2718 Mr. Hooker - Yes. 27 19

2120 Mr. Leabough - So extending it down to include the parking area there? 2721

2122 Mr. Hooker - Just barely beyond the parking area and that landscaping. 2723

2724 Mr. Leabough - I'm sure the residents appreciate that. I have no further 2725 questions. 2726

2121 Mr. Witte - Does anyone else have questions? 2728

2729 Mr. Richardson - May I ask one more question , please, sir? 2730

2731 Mr. Witte - Come on down. 2732

2733 Mr. Branin - You have to come to the microphone because it's recorded. 2734

2735 Mr. Richardson - What are the setbacks on the berm from-I guess from Miller 2736 Road , wouldn 't it be? What are the setbacks on that?

7

8 Mr. Pambid - A ten-foot berm was proffered with the C-47C-07 case. The 2739 setback itself, the berm actually rises starting at the right of way, if I can get back to that 2740 picture. Right here. The building setback itself, there is a proffer for a 75-foot build ing 274 1 setback from Miller Road , which includes the required berm. 2742

2743 Mr. Richardson - The setback from Miller Road is where the start of the berm is. 2744 Is that correct? I mean the bottom of the berm. Abuts up to the-I would gather the property 2745 on Miller Road . 2746

2747 Mr. Pambid - That's correct. 2748

2749 Mr. Richardson - And that's where it starts to go up. 2750

2751 Mr. Pambid - That's correct. 2752

2753 Mr. Richardson - No drainage problem with that then . 2754

2755 Mr. Witte - Let the record show that that was Mr. Richardson who had 2756 previously spoken , asking the additional questions. Mr. Hooker. 2757

2758 Mr. Hooker - I'm trying to zoom out. Yes it does. There's existing off-site 2759 stormwater from Miller Road that's coming onto this property that eventually makes its way

o to the basins. There are two existing Dis along Miller Road that pick up stormwater from


2761 Miller Road and bring it onto our property. We haven't evaluated the storm yet, but we may 2762 to do the same thing in this area where the berm is being constructed to pick up water in 2763 this area to be carried across the property. 2764

2765 Mr. Leabough - Okay. So it looks like that is addressed through the-2766

2767 Mr. Hooker - Construction. 2768

2769 Mr. Leabough - Okay. Thank you. 2770

2771 Mr. Witte - Any other questions by the Commission? Mr. Leabough. 2772

2773 Mr. Leabough - All right. I move that the plan of development and the revised 2774 master plan for POD2015-00182 , Airport Distribution Center, Building E, be approved 2775 subject to standard conditions for developments of this type, annotations on the plans, and 2776 additional conditions 29 through 34 as noted in the agenda. 2777

2778 Mr. Branin - Second . 2779 2780 Mr. Witte - We have a motion by Mr. Leabough , a second by Mr. Branin . 2781 All in favor say aye. All opposed say no. The ayes have it; the motion passes. 2782

2783 The Planning Commission approved POD2015-00182 , Airport Distribution Center, 2784 Building E, subject to the annotations on the plans, the standard conditions attached to e 2785 these minutes for developments of this type, and the following additional conditions: 2786

2787 29. 2788

2789

2790 2791

2792 30. 2793 2794

2795

2796

2797

2798

2799 31. 2800

2801 33. 2802

2803

2804

2805

The right-of-way for widening of Miller Road as shown on approved plans shall be dedicated to the County prior to any occupancy permits being issued. The right-ofway dedication plat and any other required information shall be submitted to the County Real Property Agent at least sixty (60) days prior to requesting occupancy permits. In order to maintain the effectiveness of the County's public safety radio communications system within buildings, the owner will install radio equipment that will allow for adequate radio coverage within the building , unless waived by the Director of Planning . Compliance with the County's emergency communication system shall be certified to the County by a communications consultant within ninety (90) days of obtaining a certificate of occupancy. The County will be permitted to perform communications testing in the bui lding at anytime. The proffers approved as a part of zoning case C-47C-97, C-BC-06, and REZ2014-00039 shall be incorporated in this approval. The conceptual master plan , as submitted with this application , is for planning and information purposes only. All subsequent detailed plans of development and construction needed to implement this conceptual plan may be administratively reviewed and approved and shall be subject to all regulations in effect at the time such subsequent plans are submitted for review/ approval.


~ 6 34. The location of all existing and proposed utility and mechanical equipment "' 7 (including HVAC units, electric meters, junction and accessory boxes, transformers,

2808 and generators) shall be identified on the landscape plans. All equipment shall be 2809 screened by such measures as determined appropriate by the Director of Planning 2810 or the Planning Commission at the time of plan approval. 2811 2812 Mr. Emerson - Mr. Chairman , we now move on to page 33 of your agenda for 2813 POD2015-00177, Draper Aden Associates for OGAS Properties Incorporated. The staff 2814 report will be presented by Mr. Greg Garrison. 2815 2816 LANDSCAPE PLAN 2817

2818 2819

0

2822 2823 2824 2825 2826 2827 2828 2829 2830 2831 2832 2833 2834

POD2015-00177 Enviroscape, Inc. Office and Service Building -T echpark Place

Draper Aden Associates for OGAS Properties, Inc.: Request for approval of a landscape plan, as required by Chapter 24, Sections 24-106 and 24-106.2 of the Henrico County Code. The 3.59-acre site is located along the west line of Techpark Place, approximately 1,650 feet south of Technology Boulevard , on parcel 844-704-1308. The zoning is M-1C Light Industrial District (Conditional) . County water and sewer. (Varina)

Mr. Witte - Is there any opposition to POD2015-00177, Enviroscape, Inc. Office and Service Building? I see none. Mr. Garrison.

Mr. Garrison - Good morning. This is a request for approval of a landscape plan. The quantity of the plant material in the berm meets the transitional buffer 35 as required from zoning case REZ2013-00005. Additionally, the applicant has provided additional plant material to meet the peripheral parking requirements between Techpark Place and the parking lot. Staff requested that in lieu of metal slats and a chain link fence for the gate that the applicant consider higher quality materials. And the applicant has agreed to provide wood slats mounted to the metal frame of the gate to make it opaque.

Staff can now recommend approval subject to the standard conditions of landscape plans and the annotations on the plans.

Mr. Witte - Any questions for Mr. Garrison?

2835 Mr. Lea bough - I have no questions for the applicant. I just wanted to thank you 2836 all for working with staff and myself with this case. It seems like a long time ago that the 2837 rezoning was approved . The reason that the berm is there and the TB35 is because 2838 outdoor storage was not originally allowed under the proffers for this particular area. So 2839 thank you all for working with us. And I think we've been working with you all to 2840 accommodate this use. 2841


2842 So with that I move that the landscape plan for POD2015-00177, Enviroscape, Inc. Office 2843 and Service Building , be approved subject to annotations on the plans and standard 2844 conditions for developments of this type. 2845

2846 Mr. Branin - Second . 2847

2848 Mr. Witte - We have a motion by Mr. Leabough , a second by Mr. Branin 2849 All in favor say aye. All opposed say no. The ayes have it; the motion passes. 2850

2851 The Planning Commission approved the landscape plan for POD2015-00177, 2852 Enviroscape, Inc. Office and Service Build ing , subject to the standard conditions attached 2853 to these minutes for landscape plans. 2854

2855 Mr. Emerson - Mr. Chairman, that completes your normal agenda items; 2856 however, we have a couple of discussion items that we need to address today. We'll try to 2857 make these as quick as possible. 2858

2859 The first item that I would ask you to consider is the adoption of a resolution. It's PCR-3-2860 15. This initiates Zoning Code amendments to address changes sent to us by the General 286 1 Assembly regarding how the Board of Zoning Appeals operates. In the next discussion 2862 item, I wi ll ask you for a work session on July the 9th to discuss what these amendments 2863 are so you 'll fully understand them. And then on the 22nd you will be holding a public 2864 hearing. In order to get that started , I'm going to request that you adopt PCR-3-15. With 2865 that said, unless you just really want to hear me read this resolution , I'll let you make a e 2866 motion . 2867

2868 Resolution PCR-3-15 Henrico County Planning Commission to Initiate Consideration 2869 of Amendment to the Zoning Ordinance to Implement Actions of the 2015 General 2870 Assembly 2871

2872 Mr. Witte - I believe everybody has a copy of PCR-3-15. 2873 2874 Mr. Leabough - Yes. And I move that it be approved. 2875

2876 Mr. Archer - And I second it. 2877

2878 Mr. Witte - We have a motion by Mr. Leabough , a second by Mr. Archer. 2879 All in favor say aye. All opposed say no. The ayes have it; the motion passes. 2880

2881 Mr. Emerson - Thank you , ladies and gentlemen. For the next item, I'm going 2882 to suggest 5:45 for your work session on July 9th . This is the only item I have to discuss. 2883 It may take some time. Quite honestly, what the General Assembly has done, they've 2884 liberalized the Board of Zoning Appeals' ability to make decisions. They certainly won't be 2885 as constrained as they were in the past with the Cochran and Cherrystone court actions 2886 defining what the Code of Virginia actually meant to them in regards to their actions.


- 7 They're going to have quite a bit more levity in terms of adjusting the zoning code to fit 8 certain situations.

2889

2890 So I don 't know how much time. Ms. O'Bannon heard some about it last night. If we got 289 1 here at 5:45, and I would have food available for you , that would give you at least an hour 2892 to eat and talk about this and leave you fifteen minutes to get downstairs. But I'll leave that 2893 within your discretion. And possibly Ms. O'Bannon, if you have any thoughts regarding 2894 that. It could be a lengthy subject depending upon how much you want to talk about it. 2895

2896 Mrs. O'Bannon - There is a police basic academy graduation at 4:00 that I will 2897 be attending. But it hopefully will be over certainly before 6:00. I mean I'll be able to make 2898 it. 2899

2900 This was discussed by Tom Tokarz, assistant County attorney, last night at the Board 2901 meeting . I think the short version is that years ago the Board of Zoning Appeals would-2902 we have setbacks, we have that you must have thirty-five feet for a side yard setback from 2903 someone who's a private residence. Usually, I think this was for private residences when 2904 they would ask for a variance? 2905

2906 Mr. Emerson - It's for the entirety of the code. 2907

2908 Mrs. O'Bannon - They would appear in front of the Board of Zoning Appeals and o.'\9 say well I want to build my garage taller than the house by a few feet. And you 've seen

o how height gets into our discussion. Or they would say we accidentally found we went five 291 1 or ten feet into a 35-foot setback. Can you please give us a variance and say it's okay? As 29 12 time went on , it kept chipping away at the Board 's standards or the County's standards. 29 13 And it was the Cochran case. 29 14

29 15 Mr. Emerson - The Cochran and Cherrystone cases. 2916

2917 Mrs. O'Bannon - That case brought it to the attention of the courts, and they said 29 18 either you have a rule or you don't have a rule. So I would call it the pendulum swept from 2919 giving a few feet here and a few feet there, okay ten feet, twelve feet. One or two feet then 2920 morphed into fifteen feet. They said no. Start again and you don't give any variances. And 292 1 the number of cases heard by the BZA went from twenty-five a month or twenty a month 2922 and most of them be approved , to five a month or three a month and one would be 2923 approved . We've seen, I'd say, pushback from a lot of people saying it's too strict. I think 2924 that's what happened with this change in the most recent case. What happened was they 2925 decided that you need to give them some variances or leeway. In a variance, we all know 2926 once in a while there's an unusual configuration of the lot. My favorite is the reverse corner 2927 lots. Where do you get to twenty-five, th irty-five feet from what point because you have 2928 two front yards. Where's the side yard? 2929

2930 In other words, this is something that has been put back with us to try to figure out a way 2931 to not have the pendulum swing all the way back, but to maybe find some reasonable

alternatives. Is that the way you see it, Mr. Emerson?


2933

2934 Mr. Emerson - Yes ma'am. 2935

2936 Mrs. O'Bannon - So yes , I think you 're going to have a lot of discussion. I know 2937 variances have been made for swimming pools in side yards, even if they're called the 293 8 front yard . What's somebody's front yard? And what is the definition of hardship? Is it a 2939 hardship? I remember one time a church built an addition and it went four feet into a 2940 setback, and it would be a hardship. They would have to tear down the whole building , but 294 1 they shouldn 't have built it there in the first place. They should have measured better, so 2942 on and so forth. So what is the definition of hardship? Is that one of the things that we're 2943 discussing? 2944

2945 Mr. Emerson - Yes ma'am. We'll discuss all those topics at the work session . 2946 Hardship is one of the areas that is gray. And of course that will be the Board of Zoning 2947 Appeals making the decision of what that actually means. 2948

2949 Mrs. O'Bannon - And I'll also tell you , sitting on the State Building Code 2950 Technical Review Board for eighteen years now, we have cases where the word hardship 2951 is very clear. You can really tell when you see a hardship. There was a gentleman who 2952 had about a 20-foot very narrow lot and yet the building that was on it was his home and 2953 it was fall ing down. And we ruled that he had to tear it down completely. Well the hardship 2954 was that the new zoning codes and zoning ordinances said you need at least a 40-foot lot 2955 to rebuild . Well , he had only a 20-foot lot. So the BZA would rule he could build on the 20-2956 foot lot because he would have no use of his property otherwise. So to me, you can tell 2957 what the word hardship is when something like that happens. To me, it should be clear. 2958 However, I think the definition of hardship got murky through the years. And that's the 2959 discussion I think that needs to take place. 2960

2961 Mr. Emerson - Yes ma'am. So will 5:45 work for everyone? Okay. 2962 2963 Mrs. Jones - May I ask, Mr. Emerson , are we under a time frame to pass the 2964 resolution to comply with the state? 2965

2966 Mr. Emerson - Well the state code takes effect July 1, so it honestly doesn't 2967 matter, to be truthful about it, because the state code supersedes us. 2968

2969 Mrs. Jones - Okay. So we're just simply doing the housekeeping? 2970

2971 Mr. Emerson - Yes ma'am. 2972

2973 Mrs. Jones - Okay. 2974

2975 Mr. Emerson - We'd like to get it done as quickly as possible, but the state law 2976 will take effect next Wednesday. 2977


8 Mrs. Jones - Okay. And the fact that we have discussion , if we find we need 9 to delve into this any longer, we can do it at a subsequent time, and it's not going to be

2980 any big problem. 2981

2982 Mr. Emerson - We could . I think the actual verbiage changes to the code are 2983 very straightforward based on the action by the General Assembly. We certainly can 2984 discuss the pros and the cons. Most of this will go to-it all goes to the Board of Zoning 2985 Appeals. It's the Zoning Code that you and the Board of Supervisors have to take action 2986 on to make it consistent with state code. 2987

2988 Mrs. Jones - And clearly we will. It's just you were asking is 5:45 enough 2989 time. I have no idea since I'm not sure how in depth we'll get. 2990

2991 Mr. Emerson - Certainly we could revisit it. It's an interesting topic. In order for 2992 you to understand the role and interrelationship with the BZA, you may have a lot of 2993 questions, is what I'm thinking. But let's start with 5:45. 2994

2995 Mrs. Jones - Okay. Sounds good to me. 2996

2997 Mr. Emerson - All right. So we'll do 5:45 July 9th , and I will make sure we have 2998 some food here for you . 2999

.ono The next item on your agenda, Mr. Chairman, is the consideration of approval of your 1 minutes from your May 27, 2015 meeting . We also have an errata sheet.

3002

3003 APPROVAL OF MINUTES: May 27, 2015 3004

3005 Mrs. Jones - I'd like to move approval of the corrected minutes. Is that what 3006 you said? 3007

3008 Mr. Leabough - That's what I was going to say, but you beat me to it. 3009

30 10 Mr. Branin - And I second both of you . 301 1

3012 Mr. Witte - We have a motion by Mrs. Jones, a second by Mr. Branin . All 3013 in favor say aye. All opposed say no. The ayes have it; the motion passes. 3014

30 15 The Planning Commission approved the May 27, 2015 minutes as corrected . 3016

3017 Mr. Emerson - Mr. Chairman , before you jump on the adjournment, I just want 30 18 to know one thing . You have a member amongst you in the form of your Chairman that 3019 received an award last night for maintaining his property so well from the Keep Henrico 3020 Beautiful Committee. And I think I would be remiss not to mention that to the rest of the 3021 Commission. 3022

Mr. Witte - You should have been remiss .


3024

3025 Mr. Branin - Congratulations. 3026

3027 Mr. Emerson - I tried to get the picture up, but Fred already deleted it from the 3028 computer. But anyway, congratulations. 3029

3030 Mr. Leabough - Who's that person? Who is that again? 3031

3032 Mr. Branin - It would have to be Archer. 3033

3034 Mr. Emerson - It was Mr. Witte. 3035

3036 Mr. Witte - In all fairness , my wife did it all. I did try to help out one time 3037 with weeding the garden. But evidently the weed killer that I put down, I couldn't tell the 3038 difference between weeds and whatever else they were. So I've been banned. 3039

3040 Mrs. Jones - Credit where credit is due. 304 1

3042 Mr. Witte - Absolutely. 3043

3044 Mr. Emerson - With that said, Mr. Chairman-3045

3046 Mr. Branin - Oh. 3047

3048 Mr. Emerson - He's got it, he's got it. Here it is. (Referencing picture on 3049 screen) 3050

3051 Mrs. Jones - Oh my gosh ! 3052

3053 Mr. Leabough - Now we know what you do when you 're not here. 3054

3055 Mr. Witte - No. I cut grass with the riding mower. And anything I can 't get 3056 with that my wife takes care of. She doesn 't want me getting anywhere near those 3057 flowerbeds. 3058

3059 Mr. Branin - Mr. Witte , that is fabulous . I'd like to come over and spend 3060 some time on your front porch and really appreciate that with you. 3061

3062 Mr. Witte - Thank you , staff, for doing a wonderful job and tolerating all 3063 of ... 3064

3065

3066

3067

3068


~ n 9 Mr. Archer - Mr. Chairman , there seems to be no more official business to 10 bring before this body; therefore , I move for immediate adjournment.

307 1 3072 Mr. Leabough -3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086

June 24, 2015

Second.

r. , Secretary

73 Plann ing Commission - POD

Documents

R.henrico.us/pdfs/planning/minutes/pod/jun15pod.pdf · This is a part of a POD 143 for Blair Building at Forest Office Park, which was formerly Koger Executive Center. Staff 144 recommends