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08SN0255r .,rl. ~-- .~ ,.y~: "~ ~i f, ~i. f ` . ,. ~.,~..~...,1 r~:.f STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08 SN0255 cor~o,~,~.o,- i ti ~nn4 rnr ~ ~T,.., t, i i~vP2i~acr Q ~nnQ rnr r~z~vacr~ July 22, 2009 B S (AMENDED) KPC Properties; Brandermill Community Assn; and Brandermill Church Clover Hill Magisterial District West line of Millridge Parkway REQUEST: Amendment to Conditional Use Planned Development (Case 74SN0021) to permit special events business; dancing by public in restaurant with alcoholic beverage service and live entertainment; and exceptions to driveway widths. PROPOSED LAND USE: A special events business and dancing by the public with alcoholic beverage service and live entertainment are currently being operated in association with a restaurant use within Brandermill's Sunday Park. An amendment is requested to bring these uses into compliance with conditions of zoning. Exceptions to driveway widths in association with proposed parking lot improvements to serve uses within Sunday Park are also requested. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5. STAFF RECOMMENDATION Recommend approval for the following reasons: A. As conditioned, these restaurant-associated uses comply with the Upper Swift Creek Plan which encourages integration of non-residential uses within a residential development and would be compatible with existing area residential development and other establishments within Sunday Park. Providing a FIRST CHOICE community through excellence in public service B. The uses would provide a unique opportunity for both residents of the Brandermill Community and those outside the development to enjoy the Swift Creek Reservoir amenity. C. The proposed reduction in driveway widths will facilitate improvements to the parking areas within Sunday Park to include the provision of additional parking spaces to relieve existing shortages. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The property owners and applicants in this rezoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the property under consideration will be developed according to the following proffers if, and only if, the rezoning request submitted herewith is granted with only those conditions agreed to by the owners and applicants. In the event this request is denied or approved with conditions not agreed to by the owners and applicants, the proffers shall immediately be null and void and of no further force or effect. (STAFF/CPC) 1. The plan prepared by Balzer and Associates, Inc. dated May 21, 2009, revised June 8, 2009, and titled "Sunday Park Zoning Exhibit" and the Textual Statement dated June 17, 2009 shall be considered the Master Plan (the "Plan"). (P) (STAFF/CPC) 2. In addition to those uses permitted by Case 74SN0021 (as amended) for Tract 654, the following uses shall be permitted: a) Dancing by the public within the Restaurant and Pavilion structures (which may also serve alcoholic beverages and have live entertainment or some combination thereof) as shown on the Plan. The area of the dance floor inside the Restaurant structure shall not exceed one hundred (100) square feet in size. b. A Special Events business (as hereinafter defined) associated with a restaurant use subject to the following conditions: i) The Pavilion and Gardens, as shown on the Plan, shall only be utilized for Special Events. 2 08SN0255-JUL22-BOS-RPT ii) Special Events may occur within the Restaurant and Deck, as shown on the Plan. iii) Special Events may include, but is not limited to, some or all of the following: 1. Receptions; 2. Ceremonies; 3. Meetings; and 4. Community activities. Special Events may also include dancing, the serving of alcoholic beverages and live entertainment, or some combination thereof, however, dancing shall only be permitted as limited by Proffered Condition 2.a). c. Live entertainment associated with the Restaurant use shall be permitted either within the Restaurant structure and/or on the Deck as shown on the Plan. d. Outdoor speakers shall be permitted. The locations shall be limited to the areas shown on the Plan. No additional outdoor speakers or sound amplifiers shall be installed; however, portable speakers for live entertainment may also be used. Amplified sound shall not exceed SOdb at the nearest property line in the Litchfield Bluff, Five Springs, Northwich and Gleneagles communities. Live entertainment or amplified music shall cease as follows: i) Monday through Thursday by 10:00 p.m. ii) Friday and Saturday by 11:00 p.m. iii) Sunday by 9:00 p.m. iv) New Years Day by 1:00 a.m. (P) (STAFF/CPC) 3. Within Tract 654 of Case 74SN0021, the following parking requirements shall apply to uses permitted in Proffered Condition 2 and restaurant use: a) KPC Properties, L.L.C. (along with its successors and assigns hereinafter referred to as "KPC") shall provide a minimum of thirty-eight (38) additional parking spaces as generally shown on the Plan. Such additional spaces, along with some re-striping of existing spaces, shall be provided on or before December 31, 2009. (P) 3 08SN0255-JUL22-BOS-RPT b) The "Lower Parking Lot" as shown on the Plan shall be for the exclusive use of Brandermill residents and their guests. Signage shall be posted and maintained citing the foregoing restriction. c) On Fridays and Saturdays from April 1 through October 31, from the time the uses are open to the public until the uses are closed to the public, KPC shall employ valet parking attendants to assist with parking patrons. Parking by such attendants shall be subject to the following requirements: i) Parking attendants shall be prohibited from parking vehicles along Millridge Parkway or in any other area that is not specifically allowed for parking. ii) Priority for parking vehicles shall be given to spaces located within the "Upper Parking Lot" as shown on the Plan, to the extent that these spaces are available. iii) When activities are scheduled at the Brandermill Church, valet parking attendants shall only use the spaces in the "Church Lot" as shown on the Plan when the other permitted parking areas are full, and shall park cars beginning from the "Rear of the Church Lot" as shown on the Plan. d) From April 1 through October 31, satellite parking and shuttle service shall be provided by KPC at such time as an event contracted to serve over 150 attendees occurs at the Restaurant/Pavilion/Gardens simultaneously with the Restaurant being open to the public or for private events. KPC Properties shall enter into and maintain a written agreement to provide such satellite parking. The agreement and any amendments shall be copied to the Brandermill Community Association (`BCA"), the Brandermill Church and the Planning Department. e) KPC shall be responsible for the daily removal of litter from parking areas and specifically from the Brandermill Church lot prior to any services on Sundays. (P) Notes: A. Proffered Conditions 1 and 2 are in addition to Exhibit B, Section 1, Subsection f of Case 74SN0021 relative to Major Activity Centers for the requested uses only. 4 08SN0255-JUL22-BOS-RPT B. Proffered Condition 3 is in addition to Exhibit B, Section 4 of Case 74SN0021 relative to Off Street Parking Requirements for the specified uses only. C. These amendments supercede Case 89SN0320. GENERAL INFORMATION Location: West line of Millridge Parkway, across from Five Springs Road. Tax IDs 729-678-9933 and 730-678-0750, 0857, 0935, 0966, 1045, 1117, 1463, 1529, 1553, 2267, 3775, 3947, 4518, 5180, 5637, 6159, 6880 and 7170. Existing Zoning: R-7 with Conditional Use Planned Development Size: 12.3 acres Existing Land Use: Commercial, Office and Public/semi-public (church) Adjacent Zoning and Land Use: North, South and East - R-7 with Conditional Use Planned Development; Single family residential or open space/community recreation West -Swift Creek Reservoir UTILITIES Public Water and Wastewater Systems: This request will have no impact on use of these facilities. ENVIRONMENTAL Drainage and Erosion: The subject property is adjacent to Swift Creek Reservoir and drains directly into the Reservoir. There are currently no on- or off-site drainage or erosion problems and none are anticipated after development. 5 08SN0255-JUL22-BOS-RPT It should be noted that Environmental Engineering and the Friends of Chesterfield's Riverfront have been working with the restaurant's owner/operator on several environmental outreach initiatives to enhance the area between the deck and Reservoir. PUBLIC FACILITIES Fire Cervire• The Clover Hill Fire Station Number 7 and the Manchester Volunteer Rescue Squad currently provide fire protection and emergency medical service (EMS). This request will have minimal impact on Fire and EMS. Chesterfield Department of Transportation CDOT~: This request will have minimal impact upon these facilities. Vir ing is Department of Transportation VDOT~: The information included with this request does not provide specific information necessary to determine the changes of traffic volumes generated. Traffic generations shall be presented and a traffic impact analysis (TIA) in a format consistent with Chapter 527 (of the 2006 Acts of Assembly) requirements shall be submitted if warranted. The tenure of the existing commercial entrances shall be in accordance with the Minimum Standards of Entrances To State Highways. At a minimum, a demonstration of the modifications that are deem necessary to preserve the safety, use, and maintenance of the roadway system, as described in 24VAC 30-71-140, need to be resolved prior to certification of the continuance of tenure for this entrance. This is primarily driven by the apparent substantive change in land use that will be served by this entrance(s) with this development. Traffic increase, as shown above, may or may not ,require modification of the existing entrances. Any proposed modifications to existing state maintained facilities required as a result of this proposal shall be the responsibility of the developer. Plans need to specifically show how traffic and parking are to be maintained during special events. Pnlire• The Police Department has no position on this case. 6 08SN0255-JUL22-BOS-RPT LAND USE Comprehensive Plan: Lies within the boundaries of the User Swift Creek Plan which suggests the property is appropriate for conservation/recreation and residential use of 2.0 units per acre or less. The Plan further suggests that mixed use communities should be encouraged to provide residents with nearby opportunities for services. The Plan states that such uses should be designed and arranged in ways that create a sense of place. Area Development Trends: Area properties are developed as part of the Brandermill Community, representing a mix of residential developments of various densities, open space and recreation, public/semi public, commercial and office uses. Zoning HistorX: On May 8, 1974, the Board of Supervisors approved the rezoning of a 2,443 acre tract for a mixed use development known as Brandermill (Case 74SN0021). Within this project, several tracts were identified as "Major Activity Centers", permitting recreation, office, restaurant and small retail uses with a community focus. Sunday Park was the first such unique center given its location on the Swift Creek Reservoir. The subject properties, located within Sunday Park, were subsequently developed for restaurant, office, church and recreational uses. On October 25, 1989, the Board of Supervisors approved an amendment to Case 74SN0021 to permit the operation of a nightclub within the existing restaurant in Sunday Park (Case 89SN0320). Specifically, this amendment permitted a combination of live entertainment, dancing by the public and the consumption of alcoholic beverages accessory to the restaurant use. Conditions limited this use to within the existing restaurant building; prohibited outdoor entertainment, public address or speaker systems; and limited hours of operation. Site Design: A plan has been proffered to identify the location and size of improvements associated with the special events business and the restaurant/deck areas accommodating dancing by the public with alcoholic beverage service and live entertainment and/or outdoor amplification (Proffered Condition 1). In addition to providing a visual reference for proffered conditions, this exhibit serves to limit the aforementioned use exceptions to these noted improvements. 7 08SN0255-JUL22-BOS-RPT Uses: Dancing by the Public Continued use of the Restaurant structure, as identified on the Plan, for dancing by the public in combination with live entertainment and alcoholic beverage service is proposed. Proffered Conditions limit the size of the dance floor such that this use continues to be ancillary to the restaurant use. (Proffered Condition 2.a) Dancing is also proposed in the Pavilion structure identified on the Plan. Special Events Special events such as receptions, ceremonies, meetings and community activities, would be permitted in the Restaurant, Decks, Pavilion and Gardens, as noted on the Plan. These events could include dancing, live entertainment and/or alcoholic beverage service. Dancing would be limited to the Restaurant and Pavilion structures (Proffered Condition 2.b). Amplified sound would be limited as addressed in the "Noise" section, herein. Live Entertainment Associated with Restaurant Use Live entertainment associated with the restaurant use would be permitted within the restaurant proper and/or the deck areas, as identified on the Plan (Proffered Condition 2.c). Amplified sound would be limited as addressed in the "Noise" section, herein. Noise: In an attempt to address concerns of area residents, proffered conditions restrict amplified sound to a maximum noise level of 50 dBa, as measured from the boundaries of the surrounding subdivision developments. Levels of 65 dBa or lower have been consistently applied to cases where noise-generating uses are neighbored by residential uses. The Plan restricts the location of permanently installed outdoor speakers, however this would not preclude the use of portable speakers on a temporary basis to accommodate live entertainment. Hours have been established by which live entertainment and amplified music must cease. (Proffered Condition 2.d) Parkin: Currently, as a result of improvements/additions to the restaurant properties, there is a deficiency of thirty-eight (38) parking spaces to serve uses within Sunday Park. This shortage has resulted in parking problems for both Brandermill residents and patrons of the Park. Proffered conditions address the provision of these additional parking spaces by the restaurant property owner, successor or entity within the year's end as depicted on the Plan. 8 08SN0255-JUL22-BOS-RPT As a result of concerns expressed by Brandermill residents and the Brandermill Church, proffered conditions address prioritized use of specified parking areas within the Park, as shown on the Plan. These requirements reserve the Lower Parking Area for Brandermill residents and their guests. Valet parking attendants, as scheduled, would direct patrons of the restaurant uses first to the Upper Parking Area and last to the Church Lot during Church activities. Enforcement of these parking restrictions may be more difficult than normal without a means to identify vehicles associated with residents and church members. It is also imperative that Staff be provided with a current Church activity schedule to assist in identifying parking priorities. (Proffered Condition 3.a - c) During larger special events when the restaurant is open, the restaurant would provide a shuttle service to accommodate satellite parking for guests. Proffered conditions require that this parking agreement and any subsequent amendments be copied to the Church, the Brandermill Community Association as well as the Planning Department. It should be noted that Staff cannot ensure receipt of these copied agreements by others. Further, the use of the shuttle service by guests of these special events may be more difficult than normal to enforce. (Proffered Condition 3.d) Litter Removal: In response to concerns expressed by the Church, Proffered Condition 3.e addresses litter removal in parking areas. Driveways: The Textual Statement identifies requested reductions in driveway widths to facilitate improvements to the parking areas within Sunday Park, to include the provision of additional parking spaces to relieve existing shortages, all as depicted on the Plan. Parking shortages within Sunday Park have resulted in the use of Millridge Parkway for vehicular parking. In addition to the proffered parking improvements, proffered conditions would also preclude valet parking attendants employed by the restaurant from parking patron vehicles along Millridge Parkway. CONCLUSION As conditioned, these restaurant-associated uses would integrate successfully into the mixed use community and would be compatible with existing area residential development and other establishments within Sunday Park. As previously noted, the Upper Swift Creek Plan encourages mixed use communities which provide not only residents within the community but also outside the community with unique commercial services which create a sense of place. The uses would provide a unique opportunity for both residents of the Brandermill Community and those outside the development to enjoy the Reservoir amenity. 9 08SN0255-JUL22-BOS-RPT The proposed reduction in driveway widths will facilitate improvements to the parking areas within Sunday Park to include the provision of additional parking spaces to relieve existing shortages. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (7/15/08): At the request of the applicant, the Commission deferred this case to their September 16, 2008 public hearing. Staff (7/16/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later that July 21, 2008 for consideration at the Commissions September public hearing. Also, the applicant was advised that a $130.00 deferral fee was due. Applicant (7/24/08): The deferral fee was paid. Staff (8/14/08): To date, no new information has been submitted. Planning Commission Meeting (9/16/08): At the request of the applicant, the Commission deferred this case to their November 18, 2008 public hearing. Staff (9/17/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than September 22, 2008 for consideration at the Commission's November public hearing. Also, the applicant was advised that a $1,000.00 deferral fee was due. 10 08SN0255-JUL22-BOS-RPT Applicant (9/29/08): The deferral fee was paid. Staff (10/24/08): To date, no new information has been submitted. Planning Commission Meeting (11/18/08): At the request of the applicant, the Commission deferred this case to their regularly schedule meeting in March 2009. Staff (11/20/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 5, 2009 for consideration at the Commission's March 17, 2009 public hearing. Also, the applicant was advised that a $1000.00 deferral fee must be paid prior to the Commission's public hearing. Applicant; Area Property Owners; and Staff (1/30/09): A meeting was held with the applicant, representatives from the Brandermill Community Association (BCA) and the Brandermill Church, and Staff to discuss case details relative to requested use exceptions and limitations and potential resolutions to parking deficiencies within Sunday Park at Brandermill. It was generally agreed that the applicant would work with the BCA and the Church to refine the proposal in an effort to address these concerns and to make appropriate amendments to the application, accordingly. Staff (2/27/09): To date, no new information has been submitted, nor has the deferral fee been paid. Applicant (3/13/09): The deferral fee was paid. 11 08SN0255-JUL22-BOS-RPT Planning Commission Meeting (3/17/09): At the request of the applicant, the Commission deferred this case to their June 22, 2009 public hearing. Staff (3/18/09): The applicant was advised in writing that any significant, new or revised information should be submitted no later than April 6, 2009 for consideration at the Commission's September public hearing. Also, the applicant was advised that a $1000.00 deferral fee was due. Applicant (4/6/09): The application was amended. Revised proffered conditions and a textual statement were submitted. Applicant; Area Property Owners; Staff; and the Clover Hill District Commissioner (5/20/09): A meeting was held to discuss this case. Concerns were expressed relative to monitoring and enforcing decibel levels for amplified sound and limiting the size of the operation. It was generally agreed that the proffered conditions addressed these concerns. Applicant (5/21/09): Revised proffered conditions were submitted. Staff (6/1/09): To date, the deferral fee has not been paid. Applicant (6/4/09): The deferral fee was paid. 12 08SN0255-JUL22-BOS-RPT Applicant (6/19/09): Revised proffered conditions, Textual Statement and Master Plan were submitted. Planning Commission Meeting (6/22/09): The applicant accepted the recommendation. There was support present noting the inclusion of conditions which addressed noise, hours of operation and parking issues. On motion of Mr. Gulley, seconded by Dr. Brown, the Commission recommended approval and acceptance of the proffered conditions on pages 2 though 5. AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller. The Board of Supervisors, on Wednesday, July 22, 2009, beginning at 6:30 p.m., will take under consideration this request. 13 08SN0255-JUL22-BOS-RPT TEXTUAL STATEMENT CASE No. 082SN0255 June 17, 2009 This is a request to amend Case No. 74SN021 to achieve exceptions to bulk requirements as to approximately 12.3 acres as follows: (a) one and one-half (1 '/z) foot exception to the sixteen (16) foot required driveway width serving two rows of 60 degree parking on a one way drive aisle on Tax ID 730-678-4518; and (b) one (1) foot exception to the twenty-two (22) foot required driveway width serving two rows consisting of 60 and 90 degree parking on Tax ID 730-678-3775. #2498577 v2 034194.00001 cl' ~ ~ •` i~ ~- C ~1 ~ ~U ~d ~~ U _ ~ ~~ ~ ~ I I I ~~ N ~/\ ~_U -- ~ ~ / m agT~ / ~ a pN ~~ r J!/ ~ x ~ / S'~ t~ ~ ~ ~ r~~~f /. f t~ ~ ~ ~t ~~ ~ ~ __i ~---~-~ - ' ~ / ~ ff ~ ~ A ' _ 1_--------- - _ i ~.~ oa S \ ~ ~~~~~~ op / ~ ~ n+ ~ ~"g~a A m M1 _.9 ~ ~ I ~~ VI , V~, a ~ ~ t I ~ f' ~= ~ t ~ ~ ~ <~ ~ x n za ~E n .' 8~ s _~ s $ o ~' ~ ~ ni ~ R ~ ~~. ~A "n "~ 5 ~nrv '~ .I . 1 n jJffJ m;n ~~8 0 " ~ ~ ! ® 3m. n I ~~. ~ 1 I n K IU/, ~~`~ ~ c ~~~ ° ` ~ '`~ __~_~„_„-~„-„_~„_ ~ ~ r ~~ ~~~J o _.;s ~ ~U \, 6 r~ , ~~ ~~ ~, ~ ~ ~~ ---N ~ ~ ~~ ~~~ ~ ~~ \ ~ sx~ ~~- f\ ~~ - \ ~ , T '-~~ \ ~~ ~~4 ~ , / ~ z \ ~ ~ ~~ d - -~-~ ~ 3y y - ~ 1 ~~ - ~~- ~'x I I 0 ~m .o zg m~ ~ ~ ~ ~ ~ SUND4V P,4RK _ gem ° ~ '~ m ~ ZOfJIN~:~ EXHIBIT 8 VEa HILL cl 7RICT 8 ~ m m m .: F~>TF~FI-l CJ CQUJ Y :IRt31rt,.