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12SN0179 CASE MANAGER: Darla Orr March 20, 2012CPC April 25, 2012 BS STAFF’S BS Time Remaining: REQUEST ANALYSIS 365 days AND RECOMMENDATION 12SN0179 MEM Victoria Realty SPELLC DaleMagisterial District South line of Hull Street Road REQUEST:Amendment of conditional use planned development (Case 85S013) relative to permitted usesin a Community Business (C-3) District. Specifically, the applicant requests to delete Condition 17 of Case 85S013 which limits useson a portion of the request property located along the eastern line of Genito Road, generally across from Stigall Way, to convenience business use. PROPOSED LAND USE: A nightclub associated with a restaurant use isproposed.With the approval of this request, other Community Business (C-3) uses would also be permitted. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend approvalfor the following reasons: While the Northern Area Plandesignatesthe request property as appropriate for office and light commercial uses along Hull Street Road and residential use along its southernmostboundary, the subject property and area properties have been zoned and developed for neighborhood, community and general business uses, as well as light industrial uses.Given the existing development pattern, it would be appropriate to permit Community Business (C-3) uses in compliance with the Zoning Ordinance, without further limitations on the western portion of the request property.Without this restriction, the proposed nightclub associated with a restaurant use would be permitted as a by-right use. Ð®±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ »®ª·½» (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S)MAY PROFFER CONDITIONS. THE CONDITION NOTED “STAFF/CPC” WASAGREED UPON BY BOTH STAFF AND THE COMMISSION.) CONDITION (STAFF/CPC)With the approval of this request, Condition 17 of Case 85S013 shall be deleted.All other conditions of Case 85S013 shall remainin force and effect. (P) GENERAL INFORMATION Location: The request property is located on the south line of Hull Street Road, across from Woodsong Drive, also fronting the east line of Genito Road, across from Stigall Way.Tax ID 745-684- 2807. Existing Zoning: C-3 Size: 34.5acres Existing Land Use: Commercial Adjacent Zoning and Land Use: North -C-3 and C-5; Commercial South -R-TH and C-3; Vacant East -I-1; Light Industrial West -C-3, C-2 and O-1; Commercial or vacant UTILITIES Public Waterand Wastewater Systems: The site is currently connected to the public water and wastewater systems.This request will not impact the public utilities system. î ïîÍÒðïéçóßÐÎîëóÞÑÍóÎÐÌ ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Manchester Volunteer Rescue Squad Fire Station, Company Number 24, and Manchester Volunteer Rescue Squad currently provide fire protection and emergency medical service(EMS).This request will have a minimal impact on Fire and EMS.Fire protection issues will be addressed at the time of building permit for tenant upfit. County Department of Transportation: The proposed land use will have a minimal impact on the anticipated traffic generation from development on the property. Virginia Department of Transportation(VDOT): VDOT has no objection to the request as long as existing entrances to the property remain unchanged. LAND USE Comprehensive Plan: The subject property is located within the boundaries of the Northern Area Plan, which suggests the eastern portion of the property is appropriate for officeuse; the western portion of the property is appropriate for light commercialuse; andthe southernmost portion of the request property is appropriate formediumdensity residential use of 1.51 to 4.0 units/acre. Area Development Trends: The subject property has been developed for commercial use as the Victorian Square shopping center.Area properties to the north are zoned Community Business (C-3) and General Business (C-5) and are developed for commercial use.Properties to the south are zoned Residential Townhouse (R-TH) and Community Business (C-3) and are vacant. Properties to the east are zoned Light Industrial (I-1) and are occupied by light industrial uses.Properties to the westare zoned Neighborhood Business (C-2), Community Business (C-3) and Neighborhood Office (O-1) and are occupied by commercial uses or are vacant.It is anticipated that commercial use will continue in this area, as suggested by thePlan. í ïîÍÒðïéçóßÐÎîëóÞÑÍóÎÐÌ Zoning History: On February 27, 1985 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning from Agricultural (A) to Community Business (B-2) plus conditional use planned development (Case 85S013)to permit use and bulk exceptions on the request property.The approval was subject to conditions which addressed buffers, setbacks, signs, lighting, access, road improvements, architectureand storm water management.Conditions alsolimit uses on a portion of the request propertythat fronts the east line of Genito Road, generally across from Stigall Way, to uses permitted in the Convenience Business (B-1) Districtbecause this portion of the property was designated on the Northern Area Planfor light commercial use. Use: Victorian Squareshopping center,which includes a variety of large and small scale retail stores, offices and restaurants,hasoperated on the request property for approximately twenty-five (25) years.The applicant plans to operate arestaurant within an existing structure on the southwestern portion of the request property.However, because the proposed restaurant will serve alcoholic beverages and will include live entertainment and dancing,the proposed 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. While the underlying Community Business (C-3) zoning would permit a nightclub use, conditionsof zoning (Condition 17 of Case 85S013) do not include nightclub use as a permitted use by-right. With approval of this request, the use restrictions on this portion of the request property would be deleted,and the proposed nightclub use would be permitted in addition to uses the other uses permitted in the Community Business (C-3) District. CONCLUSION While the Northern Area Plandesignates the request property as appropriate for office and light commercial uses along Hull Street and Genito Roads and Speeks Drive,the subject property and area properties have been zoned and developed for neighborhood, community and general business uses, as well as light industrial uses.Given the existing development pattern, it would be appropriate to permit Community Business (C-3) uses in compliance with the Zoning Ordinance, without further limitations, on the western portion of the request property.Without this restriction, the proposed nightclub associated with a restaurant use would be permitted as a by-right use. Given these considerations, approval of this request is recommended. ì ïîÍÒðïéçóßÐÎîëóÞÑÍóÎÐÌ ______________________________________________________________________________ CASE HISTORY ______________________________________________________________________________ Planning Commission Meeting (3/20/12): The applicant accepted the recommendation. There was no opposition present. On motion of Dr. Brown, seconded by Dr. Wallin, the Commission recommended approval subject to the condition on page 2. AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin. The Board of Supervisors on Wednesday, April 25, 2012 beginning at 6:30 p.m., will take under consideration this request. ë ïîÍÒðïéçóßÐÎîëóÞÑÍóÎÐÌ Í ÔÒ