STAFF S REQUEST ANALYSIS AND RECOMMENDATION 12SN0111. Southshore Shops LLC

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1 S MG: Jane Peterson September 20, 2011 P P ime emaining: 100 days FF S QU LYSIS OMMIO 12S0111 Southshore Shops LL lover ill Magisterial istrict ortheast corner of Southshore Point and Southshore rives QU: mendment of conditional use planned development (ase 01S0121) to permit cocktail lounge use in eighborhood Business (-2) and orporate Office (O-2) istricts. POPOS L US: cocktail lounge operated in conjunction with a restaurant use is proposed. (Proffered ondition) OMMIO onditions relative to uses were negotiated with area property owners. fter consideration of public input, should the ommission and Board wish to approve this amendment, acceptance of the proffered conditions would be appropriate for the following reasons:. he proposed land use conforms to the Upper Swift reek Plan which suggests the property is appropriate for community mixed use. B. s conditioned, the proposed cocktail lounge use is representative of and compatible with existing area development. (O: OIIOS MY B IMPOS O POPY OW(S) MY POFF OIIOS.) POFF OIIO Southshore Shops LL (the Owner ) in this zoning case, pursuant to Section of the ode of Virginia (1950 as amended) and the Zoning Ordinance of hesterfield ounty, for itself and its successors or assigns, proffers that the development of the property known as hesterfield ounty a part of ax Identification umber , further limited to the Providing a FI OI community through excellence in public service

2 property on the north line of the Special ccess Street and shown as the ankos Property on the approved Master Plan for ase 01S0121 (the Property ), under consideration will be developed according to the following conditions if, and only if, the request for the amendment to the condition is granted. In the event the request is denied or approved with conditions not agreed to by the Owner, this proffer shall immediately be null and void and of no further force or effect. mend ondition 2 of 01S0121 (ankos Property) to read: 2. he following uses shall not be permitted. Mobile home in conjunction with a business B. Group care facilities. ocktail lounges, except when located indoors and accessory to a restaurant use. ining halls, and night clubs. escue squad and fire station F. utomobile service station exclusive of auto repair G. Boarding kennels Further the following uses shall be permitted with the stated restrictions. otels motels or inns provided such uses are located within 300 feet of ull Street oad B. onvenience store with gasoline sales provided such uses are located within 300 feet of ull Street oad and emie Lee Parkway. (P) (Staff ote: Item 2.c (underlined) represents the portion of ondition 2, ase 01S0121, modified by this request.) Location: GL IFOMIO he request property is located on the northeast corner of Southshore Point rive and Southshore rive. ax I xisting Zoning: -2 and O-2 with conditional use planned development 2 12S0111-SP20-P-P

3 Size: 4.8 acres xisting Land Use: ommercial djacent Zoning and Land Use: orth - -9, O-2 and -2 with conditional use planned development; Single-family residential or vacant South and ast - -2 with conditional use planned development; ommercial West - -3; ommercial UILIIS; VIOML GIIG; PUBLI FILIIS his request will have minimal impact on these facilities. Virginia epartment of ransportation (VO): VO notes that existing access to this site will be maintained with no revisions. urrent omprehensive Plan: L US he subject property is located within the boundaries of the Upper Swift reek Plan mendment, which suggests the property is appropriate for community-scale commercial, service and office uses. raft omprehensive Plan: he evised raft omprehensive Plan (as of September 2011) designates the subject property ommunity orridor. his proposed land use designation encourages vertically and horizontally integrated mix of residential, office, public, open space and commercial uses. It should be noted that the revised draft plan is pending review by the Planning ommission, has not been approved, and does not provide land use guidance for the subject property at this time. s of the date of this report, the ommission has not forwarded a recommendation regarding the revised draft plan to the Board of Supervisors. dditionally, the Board has not reviewed the revised draft plan, nor has the Board taken any action on the revised draft plan to date. he recommendations of the revised draft plan are provided for reference purposes only. 3 12S0111-SP20-P-P

4 rea evelopment rends: rea properties are zoned eighborhood and ommunity Business (-2 and -3) along the north side of ull Street oad and are developed for commercial uses. Properties to the north are zoned orporate Office (O-2), eighborhood Business (-2) and esidential (-9 and -12) and are occupied by the Southshore and St. lair Subdivisions or are vacant. It is anticipated that development in this area will continue to promote appropriate land use transitions from the commercial uses along the ull Street orridor to surrounding residential communities, as suggested by the Plan. Zoning istory: Uses: On March 28, 1984 the Board of Supervisors, upon a favorable recommendation by the Planning ommission, approved rezoning of a 41.5 acre tract to esidential (-9) and General Business (B-3) with conditional use planned development (ase 83S182). mixed use development to include commercial and residential uses was proposed. he -9 properties were subsequently developed for Southshore and St. lair Subdivisions. Within the B-3 portion located at the northeast corner of ull Street oad and Southshore rive, conditions restricted uses to those permitted in a B-1 istrict plus several uses permitted in the B-2 and B-3 istricts, to include cocktail lounges not exceeding 7,000 gross square feet in area. he subject of the current request was part of this B-3 property. On February 26, 2003 the Board of Supervisors, upon a favorable recommendation by the Planning ommission, approved a rezoning to orporate Office (O-2) and eighborhood Business (-2) with conditional use planned development on these tracts and existing zoned -2 and tracts plus an amendment to ase 83S182 relative to design, architecture, signage and access (ase 01S0121). mixed use development to include office and commercial uses was planned for these aggregated properties located between Southshore rive and the former lover ill igh School. s part of this request, uses approved with ase 83S182 for the -2 portion were further limited, to exclude cocktail lounges. his case was highly negotiated with area property owners. onditions of ase 01S0121 excluded several uses from the area identified as ankos Property on the attached Master Plan, to include cocktail lounges. cocktail lounge is defined by Ordinance as an establishment serving alcoholic beverages combined with either live entertainment or dancing by the public. egotiations with area residents resulted in the existing limitations on uses. he subject property is developed as the Southshore Shops. his shopping center currently includes a restaurant use within which the cocktail lounge is proposed. s proffered, the proposed cocktail lounge would be operated indoors and incidental to a restaurant use. (Proffered ondition 2.c) 4 12S0111-SP20-P-P

5 OLUSIO onditions relative to uses were negotiated with area property owners. fter consideration of public input, should the ommission and Board wish to approve this amendment, acceptance of the proffered condition would be appropriate. he proposed cocktail lounge use, as conditioned, is compatible with area development and complies with the recommendations of the Plan. 5 12S0111-SP20-P-P

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7 Location of Proposed Use 12S M PL - S 01S0121