11SN0234Motion:
I motion to approve Case 11 SN0234 subject to the condition in the staff report which will
be labeled Condition 1 and with an imposed condition labeled Condition 2 which reads:
2. This use shall be granted to Chris Stewart and/or an entity in which he has a
majority ownership or controlling interest, exclusively, and shall not be
transferred or run with the land. (P)
CASE MANAGER: Darla Orr
.~--
.~~
r { ~f ' { ~ I-~~iY~
ry ~~ { ~~F'ti
:.'f
.fir - . • .~ ~~. {~~:,
'I
~~~ ~ . f
• ~*r , r
.rF I . ~.
B S Time Remaining
337 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0234
Chris Stewart
Matoaca Magisterial District
13923 Hull Street Road
September 21, 2011 BS
RE VEST: Amendment of conditional use planned development (Case 85 SN003 5) 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 CONDITION 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. CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
C(1NnTTT(1N
(STAFF/CPC) Nightclub use shall be permitted. (P)
GENERAL INFORMATION
Location:
The request property is located in the southeast corner of Hull Street Road and Chital Drive.
Tax ID 726-672-6816.
Existin.~g:
C-2 with conditional use planned development
Size:
0.9 acres
Existin Land Use:
Commercial
Adjacent Zoning and Land Use:
North - R-7; Public/semi-public (Former Clover Hill High School)
South, East and West - C-2 with CUPD; Commercial or vacant
T 1TTT ,TTTF,C
Public Water and Wastewater Systems:
This site is currently connected to both public water and wastewater. This request will
not impact the public utility systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
2 11SN0234-SEP2I-BOS-RPT
PUBLIC FACILITIES
Fire Service:
The Clover Hill Fire Station, Company Number 7, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
This request will have a minimum impact on the anticipated traffic generated by
development on the property.
Vir ing is Department of Transportation (VDOT):
This request will have no impact on these facilities.
T,ANn TIFF,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Upper Swift Creek Plan which
suggests the property is appropriate for community scale commercial uses, including
shopping centers, and service and office uses that serve community wide-trade areas
(community mixed use).
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Community Corridor." This proposed land use designation encourages a vertically
and horizontally integrated mix of residential, office, public, open space and commercial
uses. It should be noted that the revised draft plan is pending review by the Planning
Commission, has not been approved, and does not provide land use guidance for the subject
property at this time. As of the date of this report, the Commission has not forwarded a
recommendation regarding the revised draft plan to the Board of Supervisors. Additionally,
the Board has not reviewed the revised draft plan, nor has the Board taken any action on the
revised draft plan to date. The recommendations of the revised draft plan are provided for
reference purposes only.
Area Development Trends:
The area is characterized by a mix of commercial uses. It is anticipated that commercial use
will continue in this area, as suggested by the Plan.
3 11SN0234-SEP2I-BOS-RPT
Zonin Hg istory:
On June 26, 1985 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning with conditional use planned development to
permit a mixed use development on property which included the request site (Case
85SN0035). Conditions of zoning approval do not permit nightclub use.
On May 25, 1988 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 85 SN003 5 on property which
included the request site (Case 88SN0038). This amendment allowed additional
commercial uses on the property.
Use:
Restaurants have operated on the request property for approximately eighteen (18) years.
The applicant also plans to operate a restaurant on the request property which will serve
alcoholic beverages and will include live entertainment (a Dueling Piano Show) on weekend
evenings. According to the applicant, a Dueling Piano Show consists of two (2) professional
piano players who sing and entertain, incorporating audience requests. Dancing by the
public may occur in association with this entertainment; therefore the use is considered a
nightclub.
The Zoning Ordinance defines a nightclub as a commercial establishment which serves
alcoholic beverages and has live entertainment and dancing by the public. Conditions of
zoning and the underlying Neighborhood Business (C-2) zoning district do not include
nightclub use as a permitted use by right. Nightclub use is permitted by right in the
Community Business (C-3) zoning district. With approval of this request, nightclub use
would be permitted in addition to uses permitted with Case 85SN0035, for the request
property. (Condition)
CONCLUSION
The proposed 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 (7/19/l l):
The applicant accepted the recommendation. There was no opposition present.
4 11SN0234-SEP2I-BOS-RPT
On motion of Mr. Bass, seconded by Mr. Waller, the Commission recommended
approval subj ect to the condition on page 2.
AYES :Messrs. Bass, Brown, Gulley, Hassen and Waller.
Board of Supervisors' Meeting (8/24/11):
On their own motion, the Board deferred this case to their September 21, 2011 public
earmg.
Staff (8/31/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 7, 2011 for consideration at the Board's
September 21, 2011 public hearing.
Applicant, Staff, and Matoaca Supervisor (9/7/11):
A community meeting was held. No citizens attended the meeting.
Staff (9/8/11):
To date, no new information has been received.
The Board of Supervisors, on Wednesday, September 21, 2011 beginning at 6:30 p.m., will take
under consideration this request.
5 11SN0234-SEP2I-BOS-RPT
U ~J
N
U ~ N
' U
~~
~~
.c~~~ • N U
1 ~ ~~~R
~~ p,N
R
~ ` ER~~
/ R'
~..
.•~~~^ ~'
U 1
``
U
,, U W
` U
0 `
~
z
~--'
V
` Z
/
Q
I ] ~i
('~/
`~N
~ S
~ ti
~ ~'
~ ~
~
~.
~ .
~ p
~, a
i N N
I O ~
~
i ~ Z '
V
~
o
~
U ~
N
2