LETTER TO PROPERTY OWNERS
May 15, 2013
Dear Innsbrook Property Owner,
As a result of a series of events in the past several years, Innsbrook is poised for renewed development as an emerging urban mixed use community. In response to these new opportunities, the Innsbrook Architectural Review Committee (“ARC”) has been working to implement internal changes as authorized by the Innsbrook property owners and to make these changes as seamless as possible for all owners. While this is an evolving process, we felt the need to advise all owners of the progress made so far.
It is our expectation that some property owners will want to take advantage of these new opportunities in the near future. This letter is intended to serve as a general guide to the procedures being implemented.
A valuable resource for you to use is the Innsbrook Area Study, Special Focus Area report prepared by the Henrico County Planning Department and released on July 23, 2010. This was the foundational analysis for changing Innsbrook’s land use designation to Urban Mixed Use (“UMU”). It was subsequently adopted by the Henrico County Board of Supervisors on September 14, 2010 and serves as the basis for all rezoning cases within Innsbrook. A copy of this report can be found by clicking here.
The Innsbrook Owners Association (IOA) has taken a number of steps in the past several years to ensure the development rights of all property owners from a governmental standpoint and to ensure the internal preservation of individual property owners’ rights. In order to briefly acquaint you with these issues and the process the ARC has been empowered to use, a brief outline is provided below.
This letter is intended to be as informative as possible and to assist you in obtaining the best possible value for your property. Knowledge of the process along with an understanding of the opportunities and restrictions to urban mixed use development in Innsbrook are an essential part of that process.
If I can be of any further assistance, please feel free to contact me at (804) 747-7800.
Concern for the long term rights of all Innsbrook property owners to the lake system as a communal BMP caused the IOA to commission an Innsbrook Comprehensive Stormwater Management Plan. This plan was submitted to Henrico County and accepted by them. The result was to grandfather the development rights of all Innsbrook property owners and to prevent those outside Innsbrook but still in the drainage basin from utilizing our lake system for their own development plans. The Executive Summary from this report is also available via this link.
In order to ensure the rights of each Innsbrook property owner to use their allocated share of the lake system as a BMP for future development, a master worksheet has been created showing the impervious surface area for each property owner as a percentage of their total land area and their allocated percentage under the Stormwater Management Plan. If a property owner wishes to change the impervious surface area on their property, whether as a result of new development or otherwise, engineered plans are to be submitted to the ARC showing the current ratio of impervious surface area and the proposed level of impervious surface area. In all instances, such plans will only be approved if the proposed ratio is equal to or less than the allocated ratio.
In this manner, the ARC is able to ensure that all property owners are treated equally and their property rights are preserved over time. To the extent a property owner is willing to sell a portion of their rights to the lake BMP, such transfer will be noted on the worksheet as a permanent transfer along with a suitable recorded document to that effect. To determine the extent of your rights under the Stormwater Management Plan, please contact Brian Menditto (804-747-7800) for additional details.
As part of the Innsbrook Area Study, the County laid out certain guidelines for the development of mixed uses in Innsbrook. These guidelines were described as applying universally to Innsbrook as the basis for consideration of any future rezoning cases. For specific information, please review the study on our website as previously discussed, click here.
In general, to file for UMU zoning, the County will require a minimum of 20 contiguous acres. There are certain instances where a property owner can attach their property to a contiguous UMU zoning case, but there are specific requirements for doing so that must be evaluated on a case-by-case basis.
While there were a number of suggestions contained in the report, which will likely be required as proffers, some of the most significant ones to be considered are:
1. As part of introducing residential use into Innsbrook, the County set up a guideline for the park with a 50/50 ratio of residential square footage to commercial square footage.
In order to protect the future development rights of each property owner in Innsbrook, this ratio will be applied by the ARC on an individual property basis only. The ARC will approve plans for residential use up to the amount of commercial use only (existing and proposed). To exceed this level on any single property would be to take development rights away from every other Innsbrook property owner.
For example, if you own a 100,000 square foot commercial property (office, retail, hotel or similar) you have the ability to seek 100,000 square feet of residential use (either for-rent or for-sale) without developing additional commercial square footage. If you want to develop more residential square footage, you will need to develop an equal amount of additional commercial square footage. The commercial square footage is required in advance of the residential square footage in order to prevent the loss of development rights for all other Innsbrook property owners.
2. There are various density zones suggested for residential development within the County plan based on the number of units per acre. You should consult the report to determine where your property is located as an indication of the density level acceptable to the County for rezoning purposes.
3. In order to protect adjacent existing residential neighborhoods from the contemplated mixed use development of Innsbrook, certain height restrictions have been suggested along those edges of the park. Again, you should consult the study to determine the location of your property relative to these specific height restrictions. In general, these height restrictions are:
- a. 45’ within the first 150’ from the property line with an adjacent single family residence, then
- b. 80’ within the next 150’, then
- c. Beyond 300’ to be determined.
4. Road alignments are especially important when creating an urban street grid system, so interconnectivity of sites will be a criterion for approval. Innsbrook has a history of including this same concept into the utility easements around each site. The road alignment concept is essentially an extension of this concept.
Of particular importance to the overall land planning for the park is creation of a functional, two-lane road system parallel to Cox Road on the western side of Innsbrook. This includes at least two private roadways: Highwoods Parkway and the partial ring road around the Dominion property. These are conceived as important linkages between Nuckols Road on the north and Broad Street on the south.
URBAN DESIGN GUIDELINES
The ARC has adopted a set of guidelines for all future development in Innsbrook and they have been posted to our website for use by all property owners. The document is entitled Innsbrook Urban Mixed-Use District, Urban Design Guidelines and is dated October 12, 2016.
REZONING PROCESS – ARC
As provided in the Amended and Restated Covenants for Innsbrook (also provided on our website), all Innsbrook rezoning cases must first be submitted to us for review, discussion and approval. This will involve submission of the same case intended for presentation to Henrico County. This will be at least a thirty (30) day process. After approval, the ARC will issue a Certificate of Approval which you can then present to Henrico County as part of the normal zoning process.
POD PROCESS – ARC
After obtaining rezoning, a similar process will be followed for POD approval. You will submit to the ARC the same set of drawings proposed for Henrico County. After review, discussion and approval, the ARC will issue a Certificate of Approval which you can then present to Henrico County as part of their normal POD process. This will be at least a thirty (30) day process.
ARCHITECTURAL APPROVAL – ARC
When you have prepared a full set of working drawings for any buildings to be constructed on your property, you should submit them to the ARC for review, discussion and approval. This will be at least a thirty (30) day process. Upon approval, the ARC will issue a Certificate of Conformance you may use with your lender to demonstrate compliance with the Innsbrook covenants in order to obtain financing.
Throughout this approval process, the ARC is prepared to discuss any aspect of your project and to assist in expeditiously moving through the process. It is our intent to assist each property owner in the development of their property, while simultaneously maintaining the asset values of all Innsbrook property owners. It is our belief that the Innsbrook approval process will actually speed the public approval process by providing the approval of the Innsbrook community.
Paul W. Kreckman
Innsbrook Owners Association