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10SN0104r .,rl. ~-- .~ ,.y~: "~ a/ t. ~ f` ~~ ~.w~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION l O SN0104 Robert Bhat Midlothian Magisterial District 200 North Otterdale Road REQUEST: ,CR ,.~,,,,,t.,,,- i c ~nnn rnr r-=---_=- --~ ---_ --- -~ October 28, 2009 BS Amendment of Conditional Use Planned Development (Case 86SN0011) to permit nightclub and outdoor dining uses in a Light Industrial (I-1) District. PROPOSED LAND USE: A nightclub accessory to a commercial indoor recreational use (bowling alley) is being operated on this site contrary to conditions of zoning. Amendments are requested to bring this use into compliance with zoning conditions and to permit outdoor dining in association with an indoor recreational use. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. Whereas the Route 288 Corridor Plan suggests the property is appropriate for light industrial/flex use, the proposed uses are consistent with the mix of uses currently permitted within the Sommerville development. B. As conditioned, the proposed land uses are representative of, and compatible with, existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS.3 THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE Providing a FIRST CHOICE community through excellence in public service RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITION (STAFF/CPC) The following uses shall be permitted as accessory to a commercial indoor recreational use: a. Nightclub use, provided such use is conducted entirely within an enclosed building and shall not occupy greater than 2,000 gross square feet in area. b. Outdoor dining, provided such use shall not occupy greater than 500 gross square feet in area. Views of this outdoor dining area from North Otterdale Road shall be minimized with the installation of trees and shrubs within the center parking island, east of the patio. A landscape plan depicting this treatment shall be submitted to the Planning Department within forty-five (45) days of approval of this amendment. The execution of this approved plan shall occur no later than March 30, 2010. (P) (Note: This condition is in addition to Condition 13 of Case 86SNOOll for the subject property only. All other conditions of Case 86SNOOll shall remain in effect.) GENERAL INFORMATION Location: West line of North Otterdale Road, north of Midlothian Turnpike, and is better known as 200 North Otterdale Road. Tax ID 721-710-5172. Existing Zoning: I-1 with Conditional Use Planned Development Size: 2.7 acres Existing Land Use: Commercial 2 10SN0104-OCT28-BOS-RPT Adjacent Zoning and Land Use: North, South, East and West - I-1 with Conditional Use Planned Development; Commercial, industrial or vacant UTILITIES Public Water Svstem: The request site is within the Huguenot Springs Water Pressure Zone. A sixteen (16) inch water line extends along the western side of North Otterdale Road, adjacent to the request site. An eight (8) inch water line extends along the northeast corner of the site. This site is currently connected to the public water system. Public Wastewater Svstem: The request site is within the James River North Sewer Service Area. An eight (8) inch wastewater line extends along the eastern side of North Otterdale Road with a six (6) inch line extending to the subject parcel. The site is currently connected to the public wastewater system. ENVIRONMENTAL The proposed amendment will have no impact on these facilities. PUBLIC FACILITIES Fire Service and County Department of Transportation: The proposed amendment will have minimal impact on these facilities. Vir ing is Department of Transportation: The Virginia Department of Transportation has reviewed the above referenced case. The request is to amend the Conditional Use Planned Development (Case 86SNOOll) and to amend the zoning district map to permit nightclub use in a Light Industrial (I-1) District on 2.7 acres known as 200 North Otterdale Road, within the Midlothian Magisterial District. Based on supplementary information received by VDOT on August 4, 2009, VDOT has no comment on this case. 3 10SN0104-OCT28-BOS-RPT LAND USE Comprehensive Plan: Lies within the boundaries of the Route 288 Corridor Plan which suggests the property is appropriate for light industrial/flex use. The Plan also notes that under certain circumstances, supporting small-scale, retail uses may be incorporated into a larger development. Area Development Trends: The request property and adjacent properties comprise the Sommerville mixed-use development. Adjacent properties are zoned Light Industrial (I-1) and are occupied by commercial or industrial uses or remain vacant. It is anticipated a mix of office and light industrial uses with supporting commercial services will continue in this area, as suggested by the Plan. Zoning History: On March 26, 1986, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved the rezoning of a twenty-five (25) acre tract to Light Industrial (M-1) with a Conditional Use Planned Development to permit use and bulk exceptions (Case 86SN0011). An industrial park was planned. With the approval of Case 86SN0011, uses were limited to those permitted in the M-1 District plus several commercial uses, to include commercial indoor recreational establishments. Subsequent to this approval, a bowling alley was constructed on the subject property. Uses: Condition 13 of Case 86SN0011 limits uses on the property to those permitted in the Light Industrial (M-1) and Convenience Business (B-1) Districts as well as several commercial uses to include indoor commercial recreational establishments. The existing bowling alley currently houses a lounge area that includes alcoholic beverage sales, live entertainment and dancing. A commercial establishment serving alcoholic beverages with live entertainment and dancing by the public is defined by Ordinance as a nightclub. In an effort to minimize any impacts on area development, the Proffered Condition limits the location and size of the operation and permits the use only as accessory to a commercial indoor recreational establishment. Conditions of zoning as well as Ordinance limitations for the Light Industrial (I-1) District require all uses, except parking and loading, to be conducted within an enclosed building. Outdoor dining in association with food service offered within the recreational facility is proposed. The Proffered Condition limits the size of the patio area, permits the use only as accessory to a commercial indoor recreational establishment and requires landscaping to minimize the views of this patio from North Otterdale Road. 4 10SN0104-OCT28-BOS-RPT CONCLUSION Whereas the Route 288 Corridor Plan suggests the property is appropriate for light industrial/flex use, the proposed land uses are consistent with the mix of uses currently permitted within the Sommerville development. Further, the Plan suggests that, under appropriate circumstances, supporting commercial uses could be incorporated into a larger development. As conditioned, the proposed nightclub and outdoor dining uses are representative of, and compatible with, existing and anticipated area development. Given these considerations, approval of this request is recommended. CASE HISTORY Applicant (9/15/09): The applicant amended the proffered condition. Planning Commission Meeting (9/15/09): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Waller, seconded by Mr. Bass, the Commission recommended approval and acceptance of the proffered condition on page 2. AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller. The Board of Supervisors, on Wednesday, October 28, 2009 beginning at 6:30 p.m., will take under consideration this request. 5 10SN0104-OCT28-BOS-RPT > O ~ / a / ' ~ y p ~ y ~ ~ .. , / ~ y W ~ ~ ~ ~ _ l / '` 3 ~ / i 3 ~ ~ • - Y U /. 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