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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0216
Jennifer R. Hicks
Matoaca Magisterial District
13979 Raised Antler Circle
RE VEST:
August 26, 2009 B S
Amendment of Conditional Use Planned Development (Case 85SN0035) to permit
nightclub use in a Neighborhood Business (C-2) District.
PROPOSED LAND USE:
A nightclub associated with a restaurant use is proposed. With approval of this
request, a nightclub would also be permitted as a freestanding use. (Condition)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed additional use conforms to the Upper Swift Creek Plan which
suggests the property is appropriate for community mixed use.
B. The proposed use is representative of, and compatible with, existing and
anticipated area development.
(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.)
Providing a FIRST CHOICE community through excellence in public service
CONDITIONS
(STAFF/CPC) 1. Nightclub use shall be permitted. (P)
(CPC) 2. This use shall be granted to and for Jennifer Hicks only or any entity
of which she is a majority owner and shall not be transferable or run
with the land. (P)
(Note: These conditions are in addition to the Textual Statement of
Case 85 SN003 5 relative to Conditions for Parcel A for the subject
property only.)
GENERAL INFORMATION
T ,n~ati nn
East line of North Spring Run Road, south of Hull Street Road, and better known as 13979
Raised Antler Circle. Tax ID 725-671-5911.
Existing Zoning:
C-2 with Conditional Use Planned Development
Size:
2.2 acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North, South and East - C-2 with Conditional Use Planned Development; Commercial or
vacant
West - C-3; Vacant
T TTTT TTTFC
Public Water System:
The request site is within the Clover Hill Tank Water Pressure Zone. There is an existing
twenty-four (24) inch water line extending along the east side of North Spring Run Road,
adjacent to this site. In addition, an eight (8) inch water line extends along Raised Antler
Circle. The site is currently connected to the public water system. This request will not
impact the public water system.
2 09SN0216-AUG26-BOS-RPT
Public Wastewater S,, sue:
The request site is within the Upper Swift Creek Sewer Service Area. There is an existing
eight (8) inch wastewater collector line extending along Raised Antler Circle. The site is
currently connected to the public wastewater system. This request will not impact the
public wastewater system.
ENVIRONMENTAL
The requested amendment will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Clover Hill Fire Station, Company Number 7, currently provides fire protection and
emergency medical service.
This request will have a minimal impact on Fire and EMS.
Transportation:
This request will have a minimal impact on the transportation network.
Virginia Department of Transportation (VDOT~:
The request to permit changes in the use of the building having a 1,500 sq. ft. dedication
of the existing establishment from dining area and bar to a nightclub use with dancing.
The information included with this request does not provide specific information
necessary to determine the changes of traffic volumes generated, however, since the floor
area of the proposed use have not changed significantly, therefore, it is deemed
acceptable by VDOT's considered judgment that this activity will not have any impact on
existing VDOT maintained facilities; thus this office has no comments regarding this
request.
T,ANT~ TIFF,
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for community mixed use.
3 09SN0216-AUG26-BOS-RPT
Area Development Trends:
The request property is part of the Deer Run Village Shopping Center. The area is
characterized by a mix of commercial uses. It is anticipated such uses will continue in this
area, as suggested by the Plan.
Zonin H.~ istory:
On June 26, 1985, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved the rezoning with Conditional Use Planned
Development to permit a mixed use development on property which included the request
site (Case 85SN0035). A portion of the property, including the subject portion, has been
developed for commercial uses. Permitted uses on the subject property do not currently
include nightclub use.
On May 25, 1988, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 85SN0035 on property which
included the request site (Case 88SN0038). This amendment allowed additional
commercial uses on the property.
Uses:
A restaurant with alcoholic beverage sales and live entertainment is currently operated on
the property. The applicant intends to permit dancing in association with this operation.
A commercial establishment serving alcoholic beverage with live entertainment and
dancing by the public is defined by Ordinance as a nightclub.
With approval of this request, nightclub use would be permitted in addition to uses
permitted with Case 85SN0035, for the request property, only. (Condition)
CONCLUSION
The proposed additional use conforms to the Upper Swift Creek Plan which suggests the
property is appropriate for community mixed use. In addition, the proposed use is representative
of and compatible with existing and anticipated area development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (7/21/09):
The applicant accepted the recommendation. There was opposition present. Those
opposed expressed concerns relative to precedent for similar uses; incompatibility with
4 09SN0216-AUG26-BOS-RPT
area residential development; proximity to library, schools and churches; safety and
security; noise; and general conditions within the shopping center.
Mr. Gulley noted information received from the Police Department indicated that no
adverse impacts were anticipated from this use.
In response to questions from Messrs. Gulley and Hassen, Staff noted that, as
conditioned, the nightclub use could be freestanding, transferable and run with the land.
Mr. Bass noted that alcohol is served at other area establishments that the Police
Department was supportive and, as conditioned the use would be no less compatible with
neighboring development than other similar uses.
On motion of Mr. Bass, seconded by Dr. Brown, the Commission recommended approval
subj ect to the conditions on page 2.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, August 26, 2009, beginning at 6:30 p.m., will take
under consideration this request.
5 09SN0216-AUG26-BOS-RPT
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