July 21, 2009 P ugust 26, 2009 B FF EQUE LY EOEO 090216 Jennifer. Hicks atoaca agisterial istrict 13979 aised ntler ircle EQUE: mendment of onditional Use Planned evelopment (ase 850035) to permit nightclub use in a eighborhood Business (-2) istrict. POPOE L UE: nightclub associated with a restaurant use is proposed. With approval of this request, a nightclub would also be permitted as a freestanding use. (ondition) PLG OO EOEO EOE PPOL UBJE O HE OO O PGE 2. ecommend approval for the following reasons: FF EOEO. he proposed additional use conforms to the Upper wift 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. (OE: OO Y BE POE O HE POPEY OWE() Y POFFE OO. HE OO OE WH "FF/P" WEE GEE UPO BY BOH FF HE OO. OO WH OLY "FF" E EOEE OLELY BY FF. OO WH OLY "P" E OL OO EOEE BY HE PLG OO.) Providing a F HOE community through excellence in public service
OO (FF/P) 1. ightclub use shall be permitted. (P) (P) 2. his use shall be granted to and for Jennifer Hicks only or any entity of which she is a majority owner and shall not be transferable or run with the land. (P) Location: (ote: hese conditions are in addition to the extual tatement of ase 850035 relative to onditions for Parcel for the subject property only.) GEEL FOO East line of orth pring un oad, south of Hull treet oad, and better known as 13979 aised ntler ircle. ax 725-671-5911. Existing Zoning: ize: -2 with onditional Use Planned evelopment 2.2 acres Existing Land Use: ommercial djacent Zoning and Land Use: orth, outh and East - -2 with onditional Use Planned evelopment; ommercial or vacant West - -3; acant Public Water ystem: ULE he request site is within the lover Hill ank Water Pressure Zone. here is an existing twenty-four (24) inch water line extending along the east side of orth pring un oad, adjacent to this site. n addition, an eight (8) inch water line extends along aised ntler ircle. he site is currently connected to the public water system. his request will not impact the public water system. 2 090216-UG26-BO-P
Public Wastewater ystem: he request site is within the Upper wift reek ewer ervice rea. here is an existing eight (8) inch wastewater collector line extending along aised ntler ircle. he site is currently connected to the public wastewater system. his request will not impact the public wastewater system. EOEL he requested amendment will have no impact on these facilities. Fire ervice: PUBL FLE he lover Hill Fire tation, ompany umber 7, currently provides fire protection and emergency medical service. ransportation: his request will have a minimal impact on Fire and E. his request will have a minimal impact on the transportation network. irginia epartment of ransportation (O): he request to permit changes in the use of the building having a 1,500 sq. ft. dedication of the existing establishment from dining area and bar to a nightclub use with dancing. he information included with this request does not provide specific information necessary to determine the changes of traffic volumes generated, however, since the floor area of the proposed use have not changed significantly, therefore, it is deemed acceptable by O s considered judgment that this activity will not have any impact on existing O maintained facilities; thus this office has no comments regarding this request. omprehensive Plan: L UE Lies within the boundaries of the Upper wift reek Plan which suggests the property is appropriate for community mixed use. 3 090216-UG26-BO-P
rea evelopment rends: he request property is part of the eer un illage hopping enter. he area is characterized by a mix of commercial uses. t is anticipated such uses will continue in this area, as suggested by the Plan. Zoning History: Uses: On June 26, 1985, the Board of upervisors, upon a favorable recommendation from the Planning ommission, approved the rezoning with onditional Use Planned evelopment to permit a mixed use development on property which included the request site (ase 850035). portion of the property, including the subject portion, has been developed for commercial uses. Permitted uses on the subject property do not currently include nightclub use. On ay 25, 1988, the Board of upervisors, upon a favorable recommendation from the Planning ommission, approved an amendment to ase 850035 on property which included the request site (ase 880038). his amendment allowed additional commercial uses on the property. restaurant with alcoholic beverage sales and live entertainment is currently operated on the property. he applicant intends to permit dancing in association with this operation. commercial establishment serving alcoholic beverage with live entertainment and dancing by the public is defined by Ordinance as a nightclub. With approval of this request, nightclub use would be permitted in addition to uses permitted with ase 850035, for the request property, only. (ondition) OLUO he proposed additional use conforms to the Upper wift reek Plan which suggests the property is appropriate for community mixed use. n addition, the proposed use is representative of and compatible with existing and anticipated area development. Given these considerations, approval of this request is recommended. E HOY Planning ommission eeting (7/21/09): he applicant accepted the recommendation. here was opposition present. hose opposed expressed concerns relative to precedent for similar uses; incompatibility with 4 090216-UG26-BO-P
area residential development; proximity to library, schools and churches; safety and security; noise; and general conditions within the shopping center. r. Gulley noted information received from the Police epartment indicated that no adverse impacts were anticipated from this use. n response to questions from essrs. Gulley and Hassen, taff noted that, as conditioned, the nightclub use could be freestanding, transferable and run with the land. r. Bass noted that alcohol is served at other area establishments that the Police epartment was supportive and, as conditioned the use would be no less compatible with neighboring development than other similar uses. On motion of r. Bass, seconded by r. Brown, the ommission recommended approval subject to the conditions on page 2. YE: essrs. Gulley, Brown, Bass, Hassen and Waller. he Board of upervisors, on Wednesday, ugust 26, 2009, beginning at 6:30 p.m., will take under consideration this request. 5 090216-UG26-BO-P
PK W -2 Y L HU Z -2-2 Z -2 H EE U K E H E K K BU HE -12 EE U KE Y E E KE Y E E U B B LE L E Feet O E erial photos taken in 2007 O LL G EE U U P G U 600 E E -12 BE L 0 G FL F 300 600 BU H PO K W E OL LY H U O -25 LLY E / E L L B U K OE E 090216 E ZOG O PHY -9 Z -25 E Z Z LE GE LE HE LL OF OWOO PO HE -F U E E B Z Z -12 c K E -5 Z -1 H -3-3 -2 EE EE -3 Z Z -3 Z OUHHOE POE L -3-2 Z G Z -3 Z H Z E E L PL -1 U Z BE EL LE E P E B L -3 EL E E E E H EL E E LKE HBOU G UK EW. L Z -3 Z E G E G LOE HLL H -2 Z Z -7 PO K LO OU OK -9-12 n Z H U E E E UK G O -H P HO LKEPOE Z OUHHOE -7 B H O U Z U HO OU B H O H