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15SN0654 CASE NUMBER: 15SN0654 APPLICANT: Rouse Properties, Inc. CHESTERFIELD COUNTY, VIRGINIA STAFF’SANALYSISMagisterial District: MIDLOTHIAN AND 11500 Midlothian Turnpike RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: AUGUST 26, 2015 BOS Time Remaining: 365 DAYS Applicant’s Agent: BRYON D. WALL (804-794-4662 EXT. 331003) Applicant’s Contact: ROUSE PROPERTIES, INC. (212-608-5108) Planning Department Case Manager: RYAN RAMSEY (804-768-7592) APPLICANT’S REQUEST Amendment of conditional use (Case 12SN0236) tomodify the location of outdoor uses plus a conditional use to permit motor vehicle sales on 6.7 acres in Neighborhood Business (C-2), Community Business (C-3) and Regional Business (C-4) Districts developed as Chesterfield Towne Center. Relocation of an area that permits outdoor uses (Site F)is proposed. Site F would move from a parking area adjacent to the Garden Ridge store to parking area adjacent to the Sears store. In addition, the applicant requests the ability to permita temporary motor vehicle sale event on the property, with restrictions. Notes: A.Conditions may be imposed or the propertyowner may proffer conditions. B.Proffered conditions are located in Attachment 1. RECOMMENDATION RECOMMEND APPROVAL PLANNING COMMISSION Conditions will continue to minimize impacts on adjacent (7/21/2015) properties Providing a FIRST CHOICE community through excellence in public service RECOMMENDATION (CONTINUED) RECOMMEND APPROVAL Proffered conditions will minimize impacts STAFF Uses continue to be temporary and compatible with existing uses within the mall development 215SN0654-2015AUG26-BOS-RPT SUMMARY OF IDENTIFIED ISSUES DepartmentIssue PLANNING- FIRE- CDOT- VDOT- UTILITIES- ENVIRONMENTAL - ENGINEERING 315SN0654-2015AUG26-BOS-RPT 415SN0654-2015AUG26-BOS-RPT Map 2: Comprehensive Plan Classification: REGIONAL MIXED USE The designation suggests the property is appropriate for 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. Map 3: Surrounding Land Uses & Development Commercial/Office Uses Commercial/Office Uses Huguenot Road Chesterfield Towne Center Midlothian Turnpike 515SN0654-2015AUG26-BOS-RPT PLANNING Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@chesterfield.gov ZONING HISTORY Case NumberBOS Action Request 65-87C; Zoning approvals that permitted certain uses as well as 73SN0098; the development of Chesterfield Towne Center. 79SN0088; Approved 86SN0072; (Multiple Dates) 94SN0110; 11SN0241 ApprovedVariance of 619 parking spaces to the required number of 99AN0251 (05/1999) parking spaces. Conditional Use topermit outdoor uses (continuous Approved outside display and sale of merchandise, outdoor 12SN0236 (11/28/2012) recreation, carnival, concert, festival and movie events). Attachment 3 PROPOSAL Several outdoor uses, includingcontinuous outside display and sale of merchandise, outdoor recreation, carnival, concert, festival and movie events arepermitted by conditional use on various sites on the request property.The applicant proposes to modify the location of Site Fwhile maintaining the same size ofthe event space. Site F would be relocated to provide additional parking spaces in front of the Garden Ridge tenant space, which would remain unencumbered by temporary outdoor uses. The restrictions for the modified location of Site F are outlined in the following chart: Relocation of Site F & Restrictions Site FApprovedProposed Parking area adjacent to Parking area adjacent to Sears Location Garden RidgeAttachment 3, Exhibit A Attachment 2, Exhibit A 230 Spaces230 Spaces Size Attachment 2, Exhibit AAttachment 3, Exhibit A 615SN0654-2015AUG26-BOS-RPT TEMPORARY MOTOR VEHICLE SALES EVENTS The applicant requests the ability to hold up to two (2) temporary motor vehicle sales events annually on a portion (6.7 acres, Sites E or F) of the request property. Motor vehicle car sales are a restricted use inthe Community Business (C-3) and Regional Business (C-4) zoning districts. More specifically, car sales are not permitted in shopping centers if the use commenced after May 26, 2004.Therefore, a conditional use is required to permit motor vehicle sales on the shopping center (mall) property. The following provides an overview of the proffered conditionsoffered by the applicant to minimize the impact of the temporary motor vehicle sale eventson area properties: General Overview of Motor Vehicle Sales Events Requirements Details Site E or F Location Proffered Condition1 Twice (2) a year Frequency of Events Proffered Condition2.a. 5 Days Duration & Spacing of Event Minimum of 30 days between events Proffered Condition 2 .b and 2.c. Coincide with shopping center (mall) hours of operation th Days and Hours of Operation Not permitted between November 15 and st December 31 Proffered Condition 2.d. and 2.f. Not permitted Permanent Improvements Proffered Condition 2.e 715SN0654-2015AUG26-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Greg Smith (804-706-2012)smithgd@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS)Facilities Fire Station The Courthouse Fire Station, Company Number 20 EMS Facility The Forest View Volunteer Rescue Squad This request will have minimal impact on fire and EMS. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037)banksj@chesterfield.gov The Comprehensive Plan, which includes the Thoroughfare Plan, identifiescounty-wide transportationneeds that are expected to mitigate traffic impacts of future growth. The anticipated traffic impact of the proposal has been evaluated and it is anticipated to be minimal. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov VDOT Land Use Regulations - Traffic Impact Analysis (24VAC30-155) - Access Management (24VAC30-73) - Subdivision Street Acceptance (24VAC30-91/92) - Land Use Permit (24VAC30-151) As of the printing of this report, VDOT has Summary not comment on this request. 815SN0654-2015AUG26-BOS-RPT WATER AND WASTEWATER SYSTEMS Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov The proposal’s impacts on the County’s utility system are detailed in the chart below: Water and Wastewater Systems Currently Sizeof Existing LineConnection Required by County Code? Serviced? WaterYes 12” & 16” Yes WastewaterYes 8” & 12” Yes Additional Information: The proposed request will not impact the public water and wastewater systems. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Doug Pritchard (804-748-1028)pritchardd@chesterfield.gov Environmental Engineering has no comment on this request. 915SN0654-2015AUG26-BOS-RPT CASE HISTORY Applicant Submittals 5/7/15Application submitted 7/6/15Proffers were submitted Planning Commission Meeting 7/21/15 Citizen Comments No citizens spoke to this case. Commission Discussion The Commission noted their support for this case: No opposition to request Conditions will continue to minimize impacts on adjacent properties Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion:WallerSecond: Brown AYES: Gulley, Waller, Brown and Wallin ABSENT: Patton The Board of Supervisors on Wednesday, August 26, 2015, beginning at 6:30 p.m., will consider this request. 1015SN0654-2015AUG26-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS Note: “STAFF/CPC” –Recommended by both staff and Planning Commission The Applicant hereby amends Proffered Condition 1 of Case 12SN0236 to read as follows: (STAFF/CPC) 1.The areas designated for continuous outside display of merchandise for sale, commercial outdoor recreational establishments, carnival, motor vehicle sales, concert, festival and movie events shall be limited to the areas shown on Exhibit A, dated June 9, 2015. (P) (Staff Note: Except as amended with this case, all other conditions of Case 12SN0236 shall remain in force and effect.) (STAFF/CPC) 2.Motor vehicle sales shall be limited to an outdoor, temporary sales event. Motor vehicle sales shall be limited with the following restrictions: a.These events shall be permitted no more than two (2) times a year. b.Each event shall last a period of no longer than five (5) days. c.The events shall be spaced at a minimum interval of thirty (30) days from the last day of the previously permitted motor vehicle sales event. d.Motor vehicle sales shall coincide with the general business hours of the shopping center. e.No permanent improvements shall be permitted. f.Motor vehicle sales shall not be permitted from November 15th to th December 30. (P) 1115SN0654-2015AUG26-BOS-RPT ATTACHMENT 2 APPROVED EXHIBIT AFOR CASE12SN0236 1215SN0654-2015AUG26-BOS-RPT ATTACHMENT 3 PROPOSED EXHIBIT AFOR CASE 15SN0654 1315SN0654-2015AUG26-BOS-RPT ATTACHMENT 4 APPROVED CONDITIONS FOR CASE12SN0236 1415SN0654-2015AUG26-BOS-RPT 1515SN0654-2015AUG26-BOS-RPT