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14SN0558 CASE MANAGER: Ryan Ramsey February 18, 2014CPC March 12, 2014 BS STAFF’S BS Time Remaining: REQUEST ANALYSIS 365 days AND RECOMMENDATION 14SN0558 The Shoppes at Belvedere, LLC MidlothianMagisterial District 11400 Belvedere Vista Lane REQUEST:Conditional use to permit recreational establishments (commercial-indoor) plus conditional use planned development to permit use exceptions in a Neighborhood Business (C-2) District. PROPOSED LAND USE: Commercial uses are planned.Currently, conditions of zoning limit uses to Neighborhood Business (C-2) uses. With the approval of this request, specific Community Business (C-3) uses would be permitted. (Proffered Condition) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2. STAFF RECOMMENDATION Recommend approvalfor the following reason: The request property is occupied by a neighborhood scaleshopping center that serves the adjoiningmultifamily development (Belvedere Apartments) and nearby residential areas. As proffered, the proposed land uses would continue to be representative of and compatible with existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERMAY PROFFER CONDITIONS.CONDITIONNOTED “STAFF/CPC” WASAGREED UPON BY BOTH STAFF AND THE COMMISSION.) Ю±ª·¼·²¹ ¿ Ú×ÎÍÌ ÝØÑ×ÝÛ ½±³³«²·¬§ ¬¸®±«¹¸ »¨½»´´»²½» ·² °«¾´·½ ­»®ª·½» PROFFERED CONDITION (STAFF/CPC)The Owner, 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 the following condition for the property designated as Chesterfield County Tax ID 741-714-3585, containing a total of 3.3 acres (the “Property”), in connection with the approval of a Conditional Use Permit and Conditional Use Planned Development for the Property pursuant to Case 14SN0558. In addition to the uses permitted on the Property in accordance with Case 02SN0214 and subsequent approvals from Chesterfield County, the following uses shall be permitted on the Property: a.Liquor stores. b.Repair services, excluding motor vehicle repair. c.Schools –commercial, trade, vocational and training. d.Secondhand and consignment stores, excluding motor vehicle consignment lots. e.Recreational establishments, commercial indoor, provided that: i.This use shall not exceed 8,000 gross square feet on the request Property. (P) (Staff Notes: 1.Uses outlined in subsections a. through d. are uses are permitted through a conditional use planned development. As such, these uses shall not occupy more than thirty (30) percent of the gross acreage of the total project. 2.Recreational establishments, commercial indoor uses are permitted through a conditional use.) GENERAL INFORMATION Location: The request property fronts the north line of Robious Road, east of West Huguenot Road and is better known as 11400 Belvedere Vista Lane. Tax ID 741-714-3585. Existing Zoning: C-2 î ïìÍÒðëëèóîðïìÓßÎïîóÞÑÍóÎÐÌ Size: 3.3acres Existing Land Use: Commercial Adjacent Zoning and Land Use: North and West –I-1; Light Industrial South –C-3and R-MF; Commercial East –R-MF with conditional use planned development; Multifamily residential and office UTILITIES Public Utilities: The request site is currently connected to the public utility systems. This request will not impact the public utility systems. ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Bon Air Fire Station, Company Number 4, currently provides fire protection and emergency medical service(EMS). This request will have a minimal impact on Fire and EMS. County Department of Transportation: The proposed land uses will have a minimal impact on the anticipated traffic generated from development on the property. Virginia Department of Transportation(VDOT): This request will have no impact on these facilities. í ïìÍÒðëëèóîðïìÓßÎïîóÞÑÍóÎÐÌ LAND USE Comprehensive Plan: The ComprehensivePlansuggests the request property is appropriate for High Density Residentialuse (8.0 to 12.0 dwellings per acre). Area Development Trends: Area properties are developed for commercial, office and multifamily residential uses. Specifically, mini-warehouse facilities are located on the I-1 property to the north and west. Property to the south is occupied by the Huguenot Village shopping center and other conveniencecommercial and officeuses. The Belvedere Apartments are located to the east. It is anticipated that medium to high density residentialland uses will continue on properties immediatelyeastalong the north line of Robious Road, as suggested by the Plan, providing transitions from the regional mixed uses located south of Robious Roadto established residential developments north of Robious Road. Zoning History: On June 23, 1999 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved the rezoning to Corporate Office (O-2) of a portion of the subject property which fronts on Robious Road (Case 99SN0253). A convalescent, nursing or rest home was planned; however, other Corporate Office (O-2) uses were permitted. On June 26, 2002 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved the rezoning from Corporate Office (O-2) to Neighborhood Business (C-2) of the request property along with the rezoning of adjacent property to the eastfor multifamily residential development. (Case 02SN0214) On September 27, 2006 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment of conditional use planned development (Case 02SN0214) relative to the phasing of commercial development on the request property. (Case 06SN0314) On September 19, 2012 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved a conditional use planned development relative to exceptions for a parking setback and buffer on the request property. (Case 12SN0242) Uses: Uses permitted on the request propertyare those permitted by right or with restrictions in the Neighborhood Business (C-2) District, as further limited by Proffered Condition 3 of Case 02SN0214(Attachment 1). Proffered Condition 4 of Case 02SN0214 also limits the size of individual stores toa maximum of 10,000 gross square feet. The applicant is requesting a ì ïìÍÒðëëèóîðïìÓßÎïîóÞÑÍóÎÐÌ conditional use and conditional use planned development (CUPD) to permit five (5) additional commercial uses first permitted by rightin the Community Business (C-3) District,being liquor stores, repair services (excluding motor vehicle repair), schools (commercial, trade, vocational and training) and second hand consignment stores (excluding motor vehicle consignment lots)(Proffered Condition Items a. throughd.).As a CUPD, the ordinance limits these uses to a maximum of thirty (30) percent of the gross acreage of the total project.The applicant is also requesting conditional useto permit recreational establishments (commercial indoor) (Proffered ConditionItem e.).To ensure compatibility and scale with existing land uses in the shopping center, the applicant has proffered to limit this land use to occupy no more than 8,000 gross square feet on the request property, which is more restrictive than the individual store area limitation of Case 02SN0214. CONCLUSION As limited, the proposed commercial uses would be no more intense than uses currently permitted on the propertyand would maintain compatibility with existing and anticipated area development. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (2/18/14): The applicant accepted the recommendation. There was no opposition present. Mr. Waller noted that with the proffered condition combined with letters of support from adjacent property owners that he was supportive of the request. On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered conditionon page 2. AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller. The Board of Supervisors, on Wednesday, March 12, 2014beginning at 6:30 p.m., will take under consideration this request. ë ïìÍÒðëëèóîðïìÓßÎïîóÞÑÍóÎÐÌ ûÈÈÛÙÔÏ×ÎÈ ûÌÌÊÍÆ×ØìÊÍÖÖ×ÊרùÍÎØÓÈÓÍÎÉ ÖÊÍÏùÛÉ× éî