STAFF S REQUEST ANALYSIS AND RECOMMENDATION 12SN0236. Macerich, L.P.

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1 G: yan amsey ugust 21, 2012 P ctober 16, 2012 P ovember 28, 2012 B B ime emaining: 365 days FF QU LYI I acerich, L.P. idlothian agisterial istrict orth line of idlothian urnpike, ast of Huguenot oad QU: onditional use approval to permit outdoor uses (continuous outside display and sale of merchandise and carnival, concert, festival and movie events) in eighborhood Business (-2), ommunity Business (-3) and egional Business (-4) istricts. PP L U: ontinuous outside display of merchandise for sale, carnival, concert, festival and movie events are proposed within the parking areas of the hesterfield owne enter mall. PLIG II I PPL P F H PFF II PG 2 3. ecommend approval for the following reasons: FF I. he proposed land uses conform to the omprehensive Plan, which suggests the property is appropriate for regional mixed use. B. he proposed uses are temporary, representative of and compatible with existing uses within the mall development. (: II Y B IP H PPY W Y PFF II. II FF/P W G UP BY BH FF H II.) Providing a FI HI community through excellence in public service

2 PFF II (FF/P) 1. he areas designated for continuous outside display of merchandise for sale, commercial outdoor recreational establishments, carnival, concert, festival and movie events shall be limited to the areas shown on xhibit, dated eptember 7, (P) (FF/P) 2. ommercial outdoor recreational establishments shall be limited to a skating rink or other similar uses. (P) (FF/P) 3. he use of carnival, concert, festival and movie event areas as shown on xhibit shall not be permitted from ovember 15th to ecember 30th. his condition shall not prohibit commercial outdoor recreational establishments during this time period. (P) (FF/P) 4. he use of continuous outside display of merchandise for sale /event areas shown on xhibit shall not be permitted from ovember 15th to ecember 30th. his condition shall not prohibit temporary hristmas tree sales during this time period. (P) (FF/P) 5. ny continuous outside display of merchandise for sale shall be considered accessory to a permitted use inside the shopping center. (P) (FF/P) 6. o permanent improvements associated with any continuous outside display of merchandise for sale, commercial outdoor recreational establishments, carnival, concert, festival or movie events shall be permitted. (P) (FF/P) 7. f the six sites shown on xhibit, no more than three of the sites shall be in use at any one time. From ovember 15th to ecember 30th, only two (2) sites shall be in use at any one time. ites & F may not be used simultaneously during any time of the year. (P) (FF/P) 8. Hours of operation: a. ontinuous outside display of merchandise for sale, commercial outdoor recreational establishments, concert, festival or movie events shall coincide with the general business hours of the shopping center or specified in the usic or ntertainment Festival Permit. In no event shall these uses operate beyond 10 p.m. b. he carnival use shall operate from 12 p.m. until 10 p.m. (P) B-P

3 (FF/P) 9. arnival, concert, festival and movie events shall be permitted no more than twelve (12) times a year, with each type of event permitted a maximum of three (3) times a year. ach of these events shall last a period of no longer than fourteen (14) days. imilar events shall be spaced at a minimum interval of thirty (30) days from the last day of the previously permitted event. (P) Location: GL IFI he request property is located on the north line of idlothian urnpike, east of Huguenot oad, also fronting the east line of Huguenot oad, north of idlothian urnpike. ax Is and xisting Zoning: ize: -2, -3 and acres xisting Land Use: ommercial djacent Zoning and Land Use: orth -4; ommercial and office outh -5; ommercial ast -3; ommercial and office West, -2 and -3; ommercial and office Public Water and Wastewater ystems: UILII he request is currently connected to the public water and wastewater systems. his request will not impact the public utilities system. rainage and rosion: IL his request will have no impact on these facilities B-P

4 PUBLI FILII Fire ervice: he ourthouse Fire tation, ompany umber 20, and Forest iew olunteer escue quad currently provide fire protection and emergency medical service (). his request will have a minimal impact on Fire and. public assembly plan will be required to be completed and approved by the Fire arshall s ffice for any event with 1,000 or more attendees. ounty epartment of ransportation: his request will have a similar traffic impact as the existing uses (retail/commercial). irginia epartment of ransportation (): his request will have no impact on these facilities. However, notes that the applicant should minimize any potential glare or view of the movie projection from motorists on or near adjacent public rights-of-way. omprehensive Plan: L U he omprehensive Plan designates the subject property as egional ixed Use. his designation suggests 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. he proposed continuation of commercial land uses on the subject properties does not conflict with the Plan s land use designation. rea evelopment rends: he area is characterized by a mixture of commercial and office zoning and land uses. It is anticipated that these types of existing uses will continue in this area, as suggested by the Plan. Zoning History: series of zoning approvals, beginning with ase on January 12, 1966 and culminating with ase on eptember 24, 1986, allowed for the development of hesterfield owne enter mall on the property. n ay 5, 1999 the Board of Zoning ppeals approved a variance (ase ) relative to the number of parking spaces required for the mall. he variance permitted a reduction of 619 parking spaces to the parking space requirement of 4.4 parking spaces per 1,000 gross square feet of building area B-P

5 Uses in Parking reas: he applicant proposes several types of uses to occupy temporary locations within hesterfield owne enter s adjoining parking areas (Proffered ondition 1). utdoor recreation, limited to ice skating and other similar uses, would be permitted on each of the six (6) sites shown on xhibit (Proffered onditions 1 and 2). However, ite would be restricted to outdoor recreation uses only (xhibit ). ontinuous outdoor display and sales for mall merchants is requested on five (5) of the six (6) sites on the request property (ites B-F, xhibit ). hese uses would be located around the perimeter of the request property in parking areas that are typically under utilized by mall patrons for the majority of the year. his use does not conform to ordinance restrictions on outdoor display and sale of merchandise in the -3 istrict, which is limited by code to: 1) having merchandise be displayed under a covered walkway, and 2) not more than five (5) percent of the gross floor area of the principal use being used for outside display purposes. he request would allow for outdoor display areas to be located in designated parking areas and exceed the five (5) percent limitation on display areas. herefore, conditional use approval is needed. arnival, concert, festival and movie events would be limited to two (2) event sites, which front on all rive and Koger enter Boulevard (ites -F, xhibit ). he applicant has provided an example of a typical carnival event that would operate in the designated parking areas. (ttachments 2 and 3) Limitations on the hours of operation for the proposed uses in the parking lot will be tied to the hours of operation of the shopping center. ince hours of operation may fluctuate throughout the year, the applicant has proffered a condition that the majority of uses will cease operation by 10:00 p.m. during the week or weekend (Proffered ondition 8). he carnival use would be permitted to operate from 12:00 p.m. to 10:00 p.m., independent of the mall s operating hours. From ovember 15 th until ecember 30 th, most uses of this request would not be permitted, with the exception of commercial outdoor recreational establishments and hristmas tree sales and display, which would be limited to occupy no more than two (2) sites shown on xhibit (Proffered onditions 3 and 4). hese sites will be limited to the display and sale of hristmas trees and an outdoor recreation use (ice skating or other similar use). hese restrictions will enable the shopping center to utilize the majority of available parking spaces during the holiday season. ontinuous outdoor display and sales will be required to be an accessory use to a permitted use inside the shopping center (Proffered ondition 5). his condition ensures that any display and sale of items within the mall s parking area is first, a use permitted by the underlying zoning district (ommunity Business, -3) and second, a use that is tied to a tenant who leases space inside the mall. o preclude continual usage of event sites for carnival, concert, festival and movie events, the applicant has proffered a condition that permits each of these events a maximum of three (3) times a year, with each event lasting a period of no longer than fourteen (14) days. dditionally, these events shall be spaced apart at a minimum interval of thirty (30) days from the last permitted event (Proffered ondition 9). his condition aims to stagger these types of special events in order to keep them temporary in nature. It also provides a finite period where ites and F are available for patron parking B-P

6 vents featuring carnival style rides, live music or which require an admission fee will still require separate review and approval of a special event permit from the Board of upervisors, as outlined in tate ode (rticle II, ection 13-13). he property owner will be responsible for assembling and submitting a special events permit to the ounty for review and approval prior to the setup and operation of any qualifying special event. Parking equirements: ite esign: total of 4,356 parking spaces are present on the subject properties. Based on the mall s square footage, a total of 4,713 parking spaces would normally be required. However, ase provided relief to parking requirements by allowing a reduction of 619 parking spaces to the required parking ratio of 4.4 parking spaces per 1,000 gross square feet of building area. s a result, 4,094 parking spaces are now required for the mall. he mall currently has a surplus of 262 parking spaces (current parking spaces [4,356] minus required parking spaces [4,094]) with the approved variance. he applicant proposes six (6) display/event areas that would encompass a total of 618 parking spaces. However, the limitation that no more than three (3) sites could be utilized at once for the proposed uses will result in no more than 330 parking spaces being displaced at any time (Proffered ondition 7, xhibit ). Further, only two (2) of the outdoor recreation, display and events areas may be used between ovember 15 and ecember 30. he display/event areas are located in parking areas that are traditionally underutilized for a majority of the year. hese areas are typically used to accommodate patron parking during the holiday season. While the scenario exists for required parking to be encumbered by the parking spaces allocated to display/event areas, proffered conditions would mitigate adverse impacts. Proffered ondition 7 would preclude the simultaneous use of ites and F, the largest display and event areas designated on xhibit. his will ensure that a significant area of parking (460 spaces) will not be encumbered by events being run at the same time. In addition, the two (2) largest event areas may not operate an event for longer than fourteen (14) days (ites and F, Proffered ondition 9). In addition, a thirty (30) day time period must elapse between similar events on ites and F. taff finds that the proffered conditions will limit any adverse impacts that the temporary display/event areas would have on required parking areas for the mall. shopping mall (hesterfield owne enter) has been developed on the property. hristmas tree sales have operated within the parking area on the property in previous years, according to ordinance standards. ix (6) locations have been proposed on the request property to permit a mix of continuous outdoor display and sales, outdoor recreation and carnival/concert/festival/movie events. ny permanent improvements associated with these uses will be prohibited (Proffered ondition 6). For qualifying events, the ounty s special event permitting process will aid in regulating traffic and crowd control, sanitation and medical facilities, and a fire protection plan for the event B-P

7 LUI he proposed use would be no more intense than currently permitted uses and would conform to the omprehensive Plan, which suggests the property is appropriate for regional mixed use. onditions proffered by the applicant ensure that these uses remain temporary in nature and complementary to the uses permitted inside the shopping center. Given these considerations, approval of this request is recommended. HIY Planning ommission eeting (8/21/12): n their own motion and with the applicant s consent, the ommission deferred this case to their ctober 16, 2012 public hearing. taff (8/22/12): he applicant was advised in writing that any significant, new or revised information should be submitted no later than ugust 27, 2012 for consideration at the ommission s ctober 16, 2012 public hearing. taff (10/3/12): he applicant submitted revised proffers to address concerns noted by staff. Planning ommission eeting (10/16/12): he applicant accepted the recommendation. ne citizen presented concerns relative to off-site advertising by the applicant. n motion of r. Waller, seconded by r. Patton, the ommission recommended approval and acceptance of the proffered conditions on pages 2 and 3. Y: essrs. Gulley, Waller, Brown, Patton and Wallin. he Board of upervisors, on Wednesday, ovember 28, 2012 beginning at 6:30 p.m., will take under consideration this request B-P

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9 Koger enter Boulevard xhibit eptember 7, ite ite F ears Garden idge all rive Uses By ite ites -: utdoor ecreation Huguenot oad ites B-F: ontinuous utdoor isplay/ales ites -F: arnival/oncert/ 1350 Fesitval/ovie vents ite ite acy's ite ite B idlothian urnpike Parking 1121 paces Used 2268 By ach ite (aximum) ite : 8 paces ite B: 50 paces ite : 50 paces ite : 50 paces ite : 230 paces ite F: 230 paces Feet

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11 IL LL Bob Hope r., uite 5-420, ancho irage (760)