Proposed Henrico zoning changes would allow taller buildings in some areas

Henrico County officials are considering zoning changes that would allow buildings as tall as 110 feet in certain designated development areas – and potentially as tall as 200 feet with special approval – while imposing additional restrictions on new car washes and modifying outdoor restaurant food preparation regulations.

The proposals are part of a broader package of amendments to the county's zoning ordinance that also addresses marijuana-related businesses, parking requirements, signage and other development regulations.

Among the most significant changes would be an increase of nearly 47% in the maximum building height permitted along certain streets in areas designated for mixed-use development.

The proposed building-height increases would apply only to certain development areas within Henrico's Form-Based Alternative Overlay District, not countywide. Other zoning districts have their own height regulations, some of which already allow buildings as tall as 200 feet with special approval.

Building heights could increase by as much as 35 feet

Under the proposal, buildings in the Mixed-Use Corridor and Mixed-Use Core development areas of Henrico's Form-Based Alternative Overlay (FBA-O) District could reach 110 feet along designated primary streets, up from the current maximum of 75 feet.

That 35-foot increase could provide developers with greater flexibility to construct larger residential, commercial and mixed-use buildings in areas where the county has established special development standards.

The proposed ordinance also would increase maximum building heights along secondary streets in those areas from 65 feet to 75 feet and along tertiary streets from 60 feet to 65 feet.

In FBA-O areas designated Connected Edge, the maximum height along primary streets would increase from 40 feet to 50 feet. Along secondary and tertiary streets, the limit would increase from 35 feet to 40 feet.

The applicable height limit would depend on the development area's designation and the classification of the street along which a building fronts. The proposal also would specify that one-way streets and green streets are treated as tertiary streets for purposes of determining allowable building heights.

Buildings as tall as 165 feet already are permitted on primary and secondary streets in FBA-O areas designated as Highway Edge, while tertiary streets in those areas already may be as tall as 110 feet.

The proposal also would establish a new provision allowing buildings up to 200 feet tall in the Form-Based Alternative Overlay District with a provisional use permit approved by the Henrico Board of Supervisors. Similar allowances already exist in certain other county zoning districts, so the change would expand where such buildings could potentially be approved rather than introduce a countywide height limit.

The ordinance also would add the Best Products Reimagined and Brook Road North areas to the district's list of subdistricts, alongside Brookfield, Parham/Broad, Williamsburg Road, Virginia Center Commons and Short Pump Town Center.

Another proposed amendment would give the county's planning director authority to modify certain development standards when necessary because of topographic features, environmental constraints or existing conditions, provided the changes remain consistent with applicable form-based development regulations.

Other revisions to the overlay district include changes to street standards and signage provisions.

Proposed car washes, auto-detailing shops would face additional scrutiny

Another proposed amendment would require new car washes and auto-detailing establishments to obtain provisional use permits in several zoning districts where they currently are permitted by right.

The affected districts include B-3 business; M-1, M-2 and M-3 light industrial; along with the Highway Edge development area of the Form-Based Alternative Overlay District.

Currently, the zoning designation itself generally authorizes those businesses in the affected districts, subject to applicable development requirements.

Under the proposal, operators would need approval from the Henrico Board of Supervisors through the provisional use permit process before establishing a car wash or auto-detailing business in those locations.

The change would give county officials greater discretion to consider individual proposals instead of allowing them solely on the basis of the property's zoning classification.

Outdoor restaurant seating and food preparation changes proposed

The proposed ordinance also would make changes to where outdoor seating at "eating establishments" in the county is permitted by right.

Currently, outdoor seating is permitted by right in the R-6 residential district; the O-1, O-2, O-3 and O/S office districts; and the B-1 and B-2 business districts, but outdoor food preparation in those districts requires a provisional use permit from the board of supervisors.

The change would remove the O-1, O-2 and B-1 districts from that group.

All of the changes remain proposals and would require adoption by the Henrico Board of Supervisors before taking effect. Under the draft ordinance, the amendments would become effective immediately upon adoption.