S MG: arla Orr July 19, 2011 P ugust 24, 2011 BS BS ime emaining: 365 days SFF S QS LYSIS OMMIO 11S0234 hris Stewart Matoaca Magisterial istrict 13923 ull Street oad QS: mendment of conditional use planned development (ase 85S0035) to permit nightclub use in a eighborhood Business (-2) istrict. POPOS L S: nightclub associated with a restaurant use is proposed. With approval of this request, a nightclub would also be permitted as a freestanding use. (ondition) PLIG OMMISSIO OMMIO OMM PPOL SBJ O OIIO O PG 2. ecommend approval for the following reasons: SFF OMMIO. he proposed additional use conforms to the pper Swift reek Plan which suggests the property is appropriate for community mixed use. B. he proposed use is representative of and compatible with existing and anticipated area development. (O: OIIOS MY B IMPOS O POPY OW(S) MY POFF OIIOS. OIIOS O WI SFF/P W G PO BY BO SFF OMMISSIO.) Providing a FIS OI community through excellence in public service
OIIO (SFF/P) ightclub use shall be permitted. (P) GL IFOMIO Location: he request property is located in the southeast corner of ull Street oad and hital rive. ax I 726-672-6816. xisting Zoning: Size: -2 with conditional use planned development 0.9 acre xisting Land se: ommercial djacent Zoning and Land se: orth -7; Public/semi-public (Former lover ill igh School) South, ast and West -2 with P; ommercial or vacant Public Water and Wastewater Systems: ILIIS his site is currently connected to both public water and wastewater. his request will not impact the public utility systems. rainage and rosion: IOML his request will have no impact on these facilities. 2 11S0234-G24-BOS-P
PBLI FILIIS Fire Service: he lover ill Fire Station, ompany umber 7, currently provides fire protection and emergency medical service (MS). his request will have a minimal impact on Fire and MS. ounty epartment of ransportation: his request will have a minimum impact on the anticipated traffic generated by development on the property. irginia epartment of ransportation (O): his request will have no impact on these facilities. omprehensive Plan: L S he subject property is located within the boundaries of the pper Swift reek Plan which suggests the property is appropriate for community scale commercial uses, including shopping centers, and service and office uses that serve community wide-trade areas (community mixed use). rea evelopment rends: he area is characterized by a mix of commercial uses. It is anticipated that commercial use will continue in this area, as suggested by the Plan. Zoning istory: On June 26, 1985 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved rezoning with conditional use planned development to permit a mixed use development on property which included the request site (ase 85S0035). onditions of zoning approval do not permit nightclub use. On May 25, 1988 the Board of Supervisors, upon a favorable recommendation from the Planning ommission, approved an amendment to ase 85S0035 on property which included the request site (ase 88S0038). his amendment allowed additional commercial uses on the property. 3 11S0234-G24-BOS-P
se: estaurants have operated on the request property for approximately eighteen (18) years. he applicant also plans to operate a restaurant on the request property which will serve alcoholic beverages and will include live entertainment (a ueling Piano Show) on weekend evenings. ccording to the applicant, a ueling Piano Show consists of two (2) professional piano players who sing and entertain, incorporating audience requests. ancing by the public may occur in association with this entertainment; therefore the use is considered a nightclub. he Zoning Ordinance defines a nightclub as a commercial establishment which serves alcoholic beverages and has live entertainment and dancing by the public. onditions of zoning and the underlying neighborhood business (-2) zoning district do not include nightclub use as a permitted use by right. ightclub use is permitted by right in the ommunity Business (-3) zoning district. With approval of this request, nightclub use would be permitted in addition to uses permitted with ase 85S0035, for the request property. (ondition) OLSIO he proposed use conforms to the pper Swift reek Plan which suggests the property is appropriate for community mixed use. In addition, the proposed use is representative of and compatible with existing and anticipated area development. Given these considerations, approval of this request is recommended. S ISOY Planning ommission Meeting (7/19/11): he applicant accepted the recommendation. here was no opposition present. On motion of Mr. Bass, seconded by Mr. Waller, the ommission recommended approval subject to the condition on page 2. YS: Messrs. Bass, Brown, Gulley, assen and Waller. he Board of Supervisors, on Wednesday, ugust 24, 2011 beginning at 6:30 p.m., will take under consideration this request. 4 11S0234-G24-BOS-P
S S BL SBLFF W ILL Z Z K I L PL B L I I L S K I K I G SP S L L L L PL B L BK L -9 OP Y L Feet Z -25 500 L IG 0 B B 250-12 B / L c 500 Z -12-2 ILLS OF OWOO PO Z 11S0234..P..-MF W Y L K -5 I Z L Z -3 Z B -2 Z Z -2 Z SOS O P OI -3 Y L PK W S Z L I -2 O L S L I I LS L -3 M S S O FOM LO ILL.S. Z L S LI L IZ B S S L I -9 Z Z L -2 n Z Z W I -7-12 Z LS -3 L -7 I YS B O B SO O S FF Z erial photos taken in 2009 BK