Board of Supervisors Meeting Date:

Bishops Run, LLC, (Owner)

Angler Development, LLC (Applicant)


May 10, 2007


Staff Lead:
Holly Meade, Senior Planner

Community Development


Magisterial District:




A Resolution to Approve a Special Exception Amendment (SEAM07-SC-005) to Revise Conditions Related to the Approved Commercial Center and a Special Permit Request (SPPT07-CR-018) to Allow for a Retail/Shopping Center Between 20,000 and 50,000 Square Feet, Scott District


Topic Description: 

1.      Special Exception Amendment.  The applicant wishes to amend the Special Exception conditions related to the Bishop’s Run commercial center to better reflect the project currently being reviewed under Site Plan SPMA06-SC-009.   There are two elements of the proposed Site Plan that require changes to the concept plan originally approved with the Special Exception (SPEX05-SC-005). 

a.       First, on the approved concept plan, apartments were to be located only on the portion of the building facing a public street.  During final design of the site plan, it became evident that some flexibility would need to be given in locating the residential units.  Due to the public street requirement, Building 4 originally did not have residential units along the entire second story.  Therefore, a Zoning Ordinance text amendment was proposed and approved by the Board of Supervisors in January 2007 allowing more flexibility in locating second floor apartments, which allows for this change.  Now Building 4 has residential units on the entire second floor.  The requested amendment does not increase the total number of apartments from the twenty (20) units allowed by the original Special Exception, but merely allows them to be distributed on the second stories of several buildings. 

b.      Second, that same text amendment also allows more flexibility in streetscape.  A sidewalk is provided, along with street trees, creating a continuation of the streetscape that fronts the single family portion of the project.  The urban design required by the Zoning Ordinance does not fit this site’s topography.  To recognize existing grade changes, connections between the sidewalks and buildings are limited to several key locations. 

The applicant is also requesting the condition establishing a deadline for submission of the site plan be deleted because the site plan has been submitted and is near approval.  The aforementioned site plan includes an allocation set aside for the Sheriff’s Department as required by the rezoning proffers. 

2.      Special Permit.  The applicant also requests Special Permit approval to locate a retail/shopping center between 20,000 and 50,000 square feet in accord with Section 3-312.4 of the Zoning Ordinance.  The applicant has not finalized the exact uses to occupy the building, but it envisions mixed uses.  The purpose of this Special Permit is to allow a retail/shopping center with up to 37,100 square feet of retail space that will allow for adequate flexibility for the market conditions and will provide a stronger more viable mix with the proposed twenty (20) units of residential space above the commercial/retail space.  The following use mix limitations are proposed by this request:

                        Residential:                             20 units

                        Office:                                     5,000 square feet – 7,500 square feet

                        Retail:                                      15,000 square feet – 20,000 square feet

                        Restaurant:                              7,000 square feet – 8,500 square feet

                        Day Care:                                8,000 square feet – 9,500 square feet

                        Police/Sheriff:                         1,500 square feet – 1,650 square feet

A traffic evaluation was reviewed with Planning Staff based on the proposed uses.  It was determined that under the proposed uses, based on trip generation tables by the Institute of Transportation Engineers, there would be a slight reduction in vehicle trips from the Rezoning and initial Special Exception for this project. 


Land Area, Location and Zoning:  

The property is located on the north side of Broad Run Church Road (Route 600).  It is zoned Commercial Neighborhood (C-1).  A map of the property is shown below.





Neighboring Zoning/Land Use:

The subject property is currently zoned Commercial (C-1).  Adjacent zoning is as follows:  Residential (R-4) to the north; C-1 and Residential (R-1) to the south; R-1 to the east and C-1 to the west.  The zoning on this parcel is consistent with the character of a Commercial - Neighborhood Center which is generally a town center type district that allows neighborhood commercial activities and some residential uses.


Action Requested of the Board of Supervisors:
Conduct a public hearing and consider adoption of the attached resolution.


Planning Commission Recommendation:
On March 29, 2007, the Planning Commission recommended unanimous approval of this item, subject to the conditions included in the attached resolution.


Summary and Recommendation:

Staff recommends that the Board of Supervisors consider the Planning Commission’s recommendation of approval for these items, Special Exception Amendment (SPEX05-SC-005) to Revise Conditions Related to the approved Commercial Center Special Exception and Special Permit (SPMA06-SC-009) to Allow For a Retail/Shopping Center Between 20,000 and 50,000 Square Feet.


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Community Development


1.      Special Exception Plat

2.      Statements of Justification

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