12SN0111
CASE MANAGER: Jane Peterson
September 20, 2011 CPC
November 15, 2011 CPC
December 14, 2011 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
12SN0111
Southshore Shops LLC
Clover Hill Magisterial District
Northeast corner of Southshore Point and Southshore Drives
REQUEST:Amendment of conditional use planned development (Case 01SN0121) to permit
cocktail lounge use in Neighborhood Business (C-2) and Corporate Office (O-2)
Districts.
PROPOSED LAND USE:
A cocktail lounge operated in conjunction with a restaurant use is proposed.
(Proffered Condition)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGES2AND 3.
STAFF RECOMMENDATION
Conditions relative to uses were negotiated with area property owners.After consideration of public
input, should the Commission and Board wish to approve this amendment, acceptance of the
proffered conditions would be appropriate for the following reasons:
A.The proposed land use conforms to the Upper Swift Creek Planwhich suggests
the property is appropriate for community mixed use.
B.As conditioned, the proposed cocktail lounge use is representative of and
compatible with existing 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.)
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PROFFERED CONDITION
Southshore Shops LLC (the “Owner”) in this zoning case, pursuant to Section 15.2-2298 of the
Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for itself
and its successors or assigns, proffers that the development of the property known as
Chesterfield County a part of Tax Identification Number 725-672-0429, further limited to the
property on the north line of the “Special Access Street” and shown as the “Dankos Property” on
the approved Master Plan for Case 01SN0121 (the “Property”), under consideration will be
developed according to the following conditions if, and only if, the request for the amendment to
the condition is granted. In the event the request is denied or approved with conditions not
agreed to by the Owner, this proffer shall immediately be null and void and of no further force or
effect.
Amend Condition 2 of 01SN0121 (Dankos Property) to read:
(STAFF/CPC)2.The following uses shall not be permitted
A.Mobile home in conjunction with a business
B.Group care facilities
C.Dining halls, and night clubs
D.Rescue squad and fire station
E.Automobile service station exclusive of auto repair
F.Boarding kennels
Further the following uses shall be permitted with the stated restrictions
A.Hotels motels or inns provided such uses are located within
300 feet of Hull Street Road
B.Convenience store with gasoline sales provided such uses
are located within 300 feet of Hull Street Road and Temie
Lee Parkway
C.Cocktail lounge, when located indoors and accessory to the
use operated by Buffalo Wild Wings Restaurant,
exclusively. Such operation shall not be transferable nor
run with the land, and permitted only under the following
restrictions:
(i)Exclusive of dancing by the public.
(ii)Exclusive of karaoke.
(iii)Hours for live entertainment shall be limited to no
later than 11:00 p.m.
(iv)Within thirty (30) days of approval of this request,
the following improvements shall be made. The
locations of these improvements are depicted on the
plan dated November 15, 2011 titled “Fence and
Landscaping Schematic” marked Exhibit A.
(a)To preclude vehicular and pedestrian traffic
behind the building an 8’ tall privacy fence
shall be installed generally in the locations
shown on Exhibit A.
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(b)To minimize patron noise from the exterior
of the business, panels shall be installed on
the western side of the outdoor patio as
shown on Exhibit A.
(c)To supplement the landscaping at the rear of
the Restaurant, four (4) Leyland Cypress
trees measuring a minimum of 10 feet in
height at the time of planting shall be
installed generally in the locations depicted
on Exhibit A.
(v)Access to the outdoor patio shall be through the
interior of the restaurant. Patio exit gates shall be
equipped with panic release bars to be used only
during emergencies.
(vi)Sound systems shall be equipped with controls
permitting full volume adjustment. Sound from the
live entertainment shall not be louder that 50 dBA,
as measured at the Rear Property Line as noted on
Exhibit A.
GENERAL INFORMATION
Location:
The request property is located on the northeast corner of Southshore PointeDrive and
Southshore Drive.Tax ID 725-672-0429.
Existing Zoning:
C-2 and O-2 with conditional use planned development
Size:
4.8 acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North -R-9,O-2and C-2with conditional use planned development; Single-family
residential or vacant
South and East -C-2with conditional use planned development; Commercial
West -C-3; Commercial
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UTILITIES; ENVIRONMENTAL ENGINEERING; AND PUBLIC FACILITIES
This request will have minimal impact on these facilities.
Virginia Department of Transportation (VDOT):
VDOT notes that existing access to this site will be maintained with no revisions.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Upper Swift Creek Plan
Amendment, which suggests the property is appropriate for community-scale
commercial, service and office uses.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as recommended by the Chesterfield County
Planning Commission on November 15, 2011) designates the subject property
“Community Corridor,”within the Upper Swift Creek Watershed Overlay.This proposed
land use designation encourages 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 Board of Supervisors, has not been approved and does not
provide land use guidance for the subject property at this time The recommendations of
the revised draft plan are provided for informationalpurposes only.
Area Development Trends:
Area properties are zoned Neighborhood and Community Business (C-2 and C-3) along the
north side of Hull Street Road and are developed for commercial uses.Properties to the
north are zoned Corporate Office (O-2), Neighborhood Business (C-2) and Residential (R-9
and R-12) and are occupied by the Southshore and St. Clair Subdivisions or are vacant.It is
anticipated that development in this area will continue to promote appropriate land use
transitions from the commercial uses along the Hull Street Corridor to surrounding
residential communities, as suggested by the Plan.
Zoning History:
On March 28, 1984 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of a 41.5 acre tract to Residential (R-9) and
General Business (B-3) with conditional use planned development (Case 83S182).A
mixed use development to include commercial and residential uses was proposed.The R-
9 properties were subsequently developed for Southshore and St. Clair Subdivisions.
Within the B-3 portion located at the northeast corner of Hull Street Road and Southshore
Drive, conditions restricted uses to those permitted in a B-1 District plus several uses
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permitted in the B-2 and B-3 Districts, to include cocktail lounges not exceeding 7,000
gross square feet in area.The subject of the current request was part of this B-3 property.
On February 26, 2003, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved a rezoning to Corporate Office (O-2) and
Neighborhood Business (C-2) with conditional use planned development on these tracts
and existing zoned C-2 and A tracts plus an amendment to Case 83SN182 relative to
design, architecture, signage and access (Case 01SN0121).A mixed use development to
include office and commercial uses was planned for these aggregated properties located
between Southshore Drive and the former Clover Hill High School. As part of this
request, uses approved with Case 83SN182 for the C-2 portion were further limited, to
exclude cocktail lounges.This case was highly negotiated with area property owners.
Uses:
Conditions of Case 01SN0121 excluded several uses from the area identified as “Dankos
Property” on the attached Master Plan, to include cocktail lounges.A cocktail lounge is
defined by Ordinance as an establishment serving alcoholic beverages combined with either
live entertainment ordancing by the public. Negotiations with area residents resulted in the
existing limitations on uses.
The subject property is developed as the Southshore Shops.This shopping center currently
includes a restaurant use within which the cocktail lounge is proposed.As proffered, the
proposed cocktail lounge would be operated indoors and incidental to a restaurant use.
(Proffered Condition 2.c)
CONCLUSION
Conditions relative to uses were negotiated with area property owners.After consideration of
public input, should the Commission and Board wish to approve this amendment, acceptance of
the proffered condition would be appropriate.The proposed cocktail lounge use, as conditioned,
is compatible with area development and complies with the recommendations of the Plan.
CASE HISTORY
Planning Commission Meeting (9/20/11):
On theirown motion and with the applicant’s consent, the Commission deferred this case
to their November 15, 2011 public hearing.
Staff (9/21/11):
The applicant was advised in writing that any significant, new or revised information should
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be submitted no later than September 26, 2011 for consideration at the Commission’s
November 15, 2011 public hearing.
Staff (10/19/11):
To date, no new information has been received.
Applicant; Area Property Owners; Staff and Clover Hill Commissioner (11/2/11):
A meeting was held to discuss this request. Concerns were expressed relative to live
entertainment (hours, noise levels and type). It was generally agreed that additional
conditions would be submitted to address these concerns in addition to limiting the use to
the current operator and precluding activity behind the building.
Applicant (11/15/11):
The proffered condition was amended.
Planning Commission Meeting (11/15/11):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered condition on pages 2 and 3.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors, on Wednesday December 14,2011beginning at 6:30 p.m., will take
under consideration this request.
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12SN0111-1
November 15, 2011
?Fence and Landscaping Schematic?
Buffalo Wild Wings