12SN0236
CASE MANAGER: Ryan Ramsey
August 21, 2012CPC
October 16, 2012 CPC
November 28, 2012 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
12SN0236
Macerich, L.P.
MidlothianMagisterial District
North line of Midlothian Turnpike, East of Huguenot Road
REQUEST:Conditional use approval to permit outdoor uses (continuous outsidedisplay and
sale of merchandise and carnival, concert, festival and movieevents) in
Neighborhood Business (C-2), Community Business (C-3) and Regional Business
(C-4) Districts.
PROPOSED LAND USE:
Continuous outside display of merchandise for sale, carnival, concert, festival and
movie events areproposedwithin the parking areas of theChesterfield Towne
Center mall.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approvalfor the following reasons:
A.The proposed landuses conform to the Comprehensive Plan, which suggests the
property is appropriate for regional mixeduse.
B.The proposed uses are temporary, representative of and compatible with existing
uses within the mall development.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. CONDITIONS NOTED “STAFF/CPC” WERE AGREED UPON BY BOTH
STAFF AND THE COMMISSION.)
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PROFFERED CONDITIONS
(STAFF/CPC)1.The areas designated for continuous outside display of merchandise
for sale, commercial outdoor recreational establishments, carnival,
concert, festival and movie events shall be limited to the areas shown
on Exhibit A, dated September 7, 2012. (P)
(STAFF/CPC)2.Commercial outdoor recreational establishments shall be limited to a
skating rink or other similar uses. (P)
(STAFF/CPC)3.The use of carnival, concert, festival and movie event areas as shown
on Exhibit A shall not be permitted from November 15th to
December 30th. This condition shall not prohibit commercial
outdoor recreational establishments during this time period. (P)
(STAFF/CPC)4.The use of continuous outside display of merchandise for sale /event
areas shown on Exhibit A shall not be permitted from November
15th to December 30th. This condition shall not prohibit temporary
Christmas tree sales during this time period. (P)
(STAFF/CPC)5.Any continuous outside display of merchandise for saleshall be
considered accessory to a permitted use inside the shopping center.
(P)
(STAFF/CPC)6.No permanent improvements associated with any continuous outside
display of merchandise for sale, commercial outdoor recreational
establishments, carnival, concert, festival or movie events shall be
permitted. (P)
(STAFF/CPC)7.Of the six sites shown on Exhibit A, no more than three of the sites
shall be in use at any one time. From November 15th to December
30th, only two (2) sites shall be in use at any one time. Sites E & F
may not be used simultaneously during any time of the year. (P)
(STAFF/CPC)8.Hours of operation:
a.Continuous outside display of merchandise for sale,
commercial outdoor recreational establishments, concert,
festival or movie events shall coincide with the general
business hours of the shopping center or specified in the
Music or Entertainment Festival Permit. In no event shall
these uses operate beyond 10 p.m.
b.The carnival use shall operate from 12 p.m. until 10 p.m. (P)
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(STAFF/CPC)9.Carnival, concert, festival and movie events shall be permitted no
more than twelve (12) times a year, with each type of event permitted
a maximum of three (3) times a year. Each of these events shall last a
period of no longer than fourteen (14) days. Similar events shall be
spaced at a minimum interval of thirty (30) days from the last day of
the previously permitted event. (P)
GENERAL INFORMATION
Location:
The request property is located on the north line of Midlothian Turnpike, east of Huguenot
Road, also fronting the east line of Huguenot Road, north of Midlothian Turnpike. Tax IDs
741-709-1430 and 741-711-0904.
Existing Zoning:
C-2, C-3 and C-4
Size:
75.2acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North C-4; Commercial and office
South C-5; Commercial
East C-3; Commercial and office
West O-2, C-2 and C-3; Commercial and office
UTILITIES
Public Water and Wastewater Systems:
The request is currently connected to the public water and wastewater systems. This
request will not impact the public utilities system.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
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PUBLIC FACILITIES
Fire Service:
The Courthouse Fire Station, Company Number 20, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service(EMS). This
request will have a minimal impact on Fire and EMS. A public assembly plan will be
required to be completed and approved by the Fire Marshall’sOffice for any event with
1,000 or more attendees.
County Department of Transportation:
This request will have a similar traffic impact as the existing uses (retail/commercial).
Virginia Department of Transportation(VDOT):
This request will have no impact on these facilities. However, VDOT notes that the
applicant should minimize any potential glare or view of the movie projection from
motorists on or near adjacent public rights-of-way.
LAND USE
Comprehensive Plan:
The Comprehensive Plandesignatesthe subject property as “Regional MixedUse.” This
designation suggests an integrated mixture of highly concentrated corporate office,
commercial, light industrial/research and development and higher density residential uses
with public spaces, located on large tracts of land generally at the interchange of arterials
and limited access roads. The proposed continuation of commercial land uses on the subject
properties does not conflict with the Plan’sland use designation.
Area Development Trends:
The area is characterized by a mixture of commercial and office zoning and land uses. It is
anticipated that these typesof existing uses will continue in this area, as suggested by the
Plan.
Zoning History:
A series of zoning approvals, beginning with Case 65-87C on January 12, 1966 and
culminating with Case 86SN0072 on September 24, 1986, allowed for the development
of Chesterfield Towne Center mall on the property.
On May 5, 1999 the Board of Zoning Appeals approved a variance (Case 99AN0251)
relative to the number of parking spaces required for the mall. The variance permitted a
reduction of 619 parking spaces to the parking space requirement of 4.4 parking spaces
per 1,000 gross square feet of building area.
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Usesin Parking Areas:
The applicant proposes several types of uses to occupy temporary locations within
Chesterfield Towne Center’s adjoining parking areas (Proffered Condition 1). Outdoor
recreation, limited to ice skating and other similar uses, would be permitted on each of the
six (6) sitesshown on Exhibit A(Proffered Conditions 1 and 2).However, Site Awould be
restricted to outdoor recreation uses only (Exhibit A). Continuous outdoor display and sales
for mall merchants is requested on five (5) of the six (6) siteson the request property(Sites
B-F, Exhibit A). These uses would be located around the perimeter of the request property
in parking areas that are typically underutilized by mall patrons for the majority of the year.
This use does not conform toordinance restrictions on outdoor display and sale of
merchandisein the C-3District, which is limited by code to:1) having merchandise be
displayed under a covered walkway,and2)not more than five (5) percent of the gross floor
area of the principal use beingused for outside display purposes.The request would allow
for outdoor display areas to be located in designated parking areas and exceed the five(5)
percent limitation on display areas. Therefore, conditional use approval is needed. Carnival,
concert, festivaland movie events would be limited to two(2)event sites, which front on
Mall Drive and Koger Center Boulevard (Sites E-F, Exhibit A). The applicant has provided
an example of a typical carnival event that would operate in the designated parking areas.
(Attachments2and3)
Limitations on the hours of operation for the proposed uses in the parking lot will be tiedto
the hours of operation of the shopping center. Since hours of operation may fluctuate
throughout the year, the applicant has proffered a condition that the majorityofuses will
cease operation by 10:00 p.m.during the weekor weekend (Proffered Condition 8).The
carnival use would be permitted to operate from 12:00 p.m. to 10:00 p.m., independent of
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the mall’s operating hours. From November 15until December 30,most uses of this
request wouldnot be permitted, with the exception of commercial outdoor recreational
establishmentsand Christmas tree sales and display, which would be limited to occupy no
more than two (2) sitesshown on Exhibit A (Proffered Conditions 3 and 4). These sites will
be limited to the display and sale of Christmas trees and an outdoor recreation use (ice
skating or othersimilar use). These restrictionswill enable the shopping center to utilize the
majority ofavailable parking spaces during the holiday season.
Continuous outdoor display and sales will be required to be an accessory use to a permitted
use inside the shopping center (Proffered Condition 5). This condition ensures that any
display and sale of items within the mall’s parking areais first, a use permitted by the
underlying zoning district (Community Business, C-3) and second, a use that is tied to a
tenantwho leases space inside the mall. To preclude continual usage of event sites for
carnival, concert, festival and movie events, the applicant has proffered a condition that
permits each of these events a maximum of three(3)times a year, with each event lasting a
period of no longer than fourteen (14) days. Additionally, these events shall be spaced apart
at a minimum interval of thirty(30) days from the last permitted event (Proffered Condition
9).This condition aims to stagger these typesof special events in order to keep them
temporary in nature. It alsoprovides a finite periodwhere Sites E and F are available for
patron parking.
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Events featuring carnivalstyle rides, live musicor which require an admission feewill still
require separate review and approval of a special event permit from the Board of
Supervisors, as outlined in State Code (Article II, Section 13-13).The property owner will
be responsible for assembling and submitting a special events permit to the County for
review and approval prior to the setup and operation of any qualifying special event.
Parking Requirements:
A total of 4,356 parking spaces are present on the subject properties. Based on the mall’s
square footage, a total of 4,713 parking spaces would normally berequired.However, Case
99AN0251 provided relief to parking requirements by allowing a reduction of 619 parking
spaces to the required parking ratio of 4.4 parking spaces per 1,000 gross square feet of
building area.As a result, 4,094 parking spaces are now required for the mall. The mall
currently has a surplus of 262 parking spaces (current parking spaces [4,356] minus required
parking spaces [4,094]) with the approved variance.
The applicant proposes six (6)display/event areasthat would encompass a total of618
parking spaces.However, the limitation that no more than three (3) sites could be utilized at
once for the proposed uses will result in no more than 330 parking spaces being displaced at
any time (Proffered Condition 7, Exhibit A). Further, only two (2) of the outdoor recreation,
display and events areas may be used between November 15 and December 30. The
display/event areas are located in parking areas that are traditionally underutilizedfor a
majority of the year. These areas are typically used toaccommodate patron parking during
the holiday season.
While the scenario exists for required parking to be encumbered by the parking spaces
allocated to display/event areas, proffered conditions wouldmitigate adverse impacts.
Proffered Condition 7 would preclude the simultaneous use of Sites E andF, the largest
display and event areas designated on Exhibit A. This will ensure that a significant area of
parking (460 spaces) will not be encumbered byevents being run at the same time.In
addition, thetwo(2) largest event areas may not operate an event for longer thanfourteen
(14) days (Sites E and F, Proffered Condition 9). In addition, a thirty(30)day time period
must elapse between similar events on Sites E and F. Staff finds that the proffered
conditions will limit any adverse impacts that the temporary display/event areas would have
onrequired parking areasfor the mall.
Site Design:
A shopping mall (Chesterfield Towne Center) has been developed on the property.
Christmas tree sales have operated within the parking area on the property in previous years,
according to ordinance standards. Six (6) locations have been proposedon the request
property to permit a mix of continuous outdoor display and sales, outdoor recreation and
carnival/concert/festival/movie events.Any permanent improvements associated with these
uses will be prohibited (Proffered Condition 6).For qualifying events, the County’s special
event permitting process will aid in regulating traffic and crowd control, sanitation and
medical facilities,and afire protection plan for the event.
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CONCLUSION
The proposed use would be no more intense than currently permitted uses and would conform to the
ComprehensivePlan, which suggests the property is appropriate for regional mixed use. Conditions
proffered by the applicant ensure that these usesremain temporary in nature and complementary to
the uses permitted inside the shopping center.
Given these considerations, approval of this request is recommended.
______________________________________________________________________________
CASE HISTORY
______________________________________________________________________________
Planning Commission Meeting (8/21/12):
On their own motion and with the applicant’s consent, the Commission deferred this case
to their October 16, 2012 public hearing.
Staff (8/22/12):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 27, 2012 for consideration at the Commission’s
October 16, 2012 public hearing.
Staff (10/3/12):
The applicant submitted revised proffers to address concerns noted bystaff.
Planning Commission Meeting (10/16/12):
The applicant accepted the recommendation.
One citizen presented concernsrelative to off-site advertising by the applicant.
On motion of Mr. Waller, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors, on Wednesday, November 28, 2012 beginning at 6:30 p.m., will take
under consideration this request.
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