12SN0146CASE MANAGER: Jane Peterson
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October 26, 2011 BS
ADDENDUM II
12SN0146
Walmart Inc.
Bermuda Magisterial District
South line of Iron Bridge Road
REQUEST: Amendment of zoning (Case 89SN0110) relative to hours of operation.
PROPOSED LAND USE:
Conditions of Case 89SN0110 currently limit hours of operation. The applicant is
requesting extended hours of operation specific to the Friday after Thanksgiving
Day ("Black Friday"). (Proffered Condition)
On October 26, 2011, as a result of working with area residents, the applicant amended the
Proffered Condition relative to hours of operation. Specifically, this proffer now extends hours
of operation for the Friday following Thanksgiving Day ("Black Friday") only. Hours of
operation for Thanksgiving Day remain as approved with Case 89SN0110.
NOTE: SINCE THE REVISED PROFFER WAS SUBMITTED SUBSEQUENT TO
THE ADVERTISEMENT OF THE CASE, IT WOULD BE NECESSARY FOR THE
BOARD TO SUSPEND THEIR PROCEDURES TO CONSIDER THIS REVISED
PROFFERED CONDITION.
PROFFERED CONDITION
Hours of Operation: Retail business hours for Walmart shall be limited to between 6:00
a.m. and 11:00 p.m. with the exception of the Friday following Thanksgiving Day
("Black Friday"), when retail business hours shall be limited to between 2:00 a.m. and
11:00 p.m. These extended hours shall be for Walmart only and shall not be transferable
nor run with the land. (P)
(Staff Note: This proffered condition amends Proffered Condition 9.c of Case 89SN0110
for Walmart only.)
Providing a FIRST CHOICE community through excellence in public service
12SN0146-OCT26-BOS-ADD-2
CASE MANAGER: Jane Peterson
October 26, 2011 BS
ADDENDUM
12SN0146
Walmart Inc.
Bermuda Magisterial District
South line of Iron Bridge Road
REQUEST: Amendment of zoning (Case 89SN0110) relative to hours of operation.
PROPOSED LAND USE:
Conditions of Case 89SN0110 currently limit hours of operation. The applicant is
requesting extended hours of operation specific to Thanksgiving Day and the
following Friday ("Black Friday"). (Proffered Condition)
Conditions relative to hours of operation were negotiated with area property owners. After
consideration of public input, should the Commission and Board wish to approve these
amendments, acceptance of the proffered condition would be appropriate.
This addendum is provided to advise the Board of the Planning Commission's recommendation for
this case.
Conditions relative to hours of operation were negotiated with area property owners. After
consideration of public input, should the Commission and Board wish to approve these
amendments, acceptance of the proffered condition would be appropriate.
PLANNING COMMISSION RECOMMENDATION
ON OCTOBER 18, 2011 THE PLANNING COMMISSION RECOMMENDED APPROVAL
AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGES 1 AND 2 OF THE
"REQUEST ANALYSIS."
CASE HISTORY
Planning Commission Meeting (10/18/11):
The applicant accepted the recommendation. There was no opposition present.
Providing a FIRST CHOICE community through excellence in public service
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered condition on pages 1 and 2 of the "Request
Analysis."
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
The Board of Supervisors on Wednesday, October 26, 2011 beginning at 6:30 p.m., will take
under consideration this request.
2 12SN0146-OCT26-BOS-ADD
CASE MANAGER: Jane Peterson
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0146
Walmart Inc.
Bermuda Magisterial District
South line of Iron Bridge Road
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October 26, 2011 B S
RE VEST: Amendment of zoning (Case 89SN0110) relative to hours of operation.
PROPOSED LAND USE:
Conditions of Case 89SN0110 currently limit hours of operation. The applicant is
requesting extended hours of operation specific to Thanksgiving Day and the
following Friday ("Black Friday"). (Proffered Condition)
PLANNING COMMISSION RECOMMENDATION
THE PLANNING COMMISION IS SCHEDULED TO HEAR THIS CASE AT THEIR
MEETING ON TUESDAY, OCTOBER 18, 201 1. STAFF WILL ADVISE THE BOARD OF THE
COMMISSION' S ACTION AFTER THEIR MEETING.
RECOMMENDATION
Conditions relative to hours of operation were negotiated with area property owners. After
consideration of public input, should the Commission and Board wish to approve these
amendments, acceptance of the proffered condition would be appropriate.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS.)
PROFFERED CONDITION
Hours of Operation. Retail business hours for Walmart shall be limited to between 6:00
a.m. and 11:00 p.m. with the exception of Thanksgiving Day and the following Friday
("Black Friday"), when retail business hours shall be limited to between 6:00 a.m.
Thanksgiving Day through 11:00 p.m. the following Friday ("Black Friday"). These
Providing a FIRST CHOICE community through excellence in public service
extended hours shall be for Walmart only and shall not be transferable nor run with the
land. (P)
(Staff Note: This proffered condition amends Condition 9.c of Case 89SN0110 for Walmart
only.)
GENERAL INFORMATION
T,~cati~n:
The request property is located on the south line of Iron Bridge Road, west of South
Chalkley Road, also fronting the west line of South Chalkley Road, south of Iron Bridge
Road. Tax IDs 778-652-2898 and 7889.
Existing Zoning:
C-5
Size:
20.4 acres
Existin Land Use:
Commercial
Adjacent Zoning and Land Use:
North - C-2 and C-3; Commercial or vacant
South - R-MF and R-TH; Residential multi-family or vacant
East - C-3 and C-5; Commercial
West - C-5; Commercial or vacant
UTILITIES; ENVIRONMENTAL; FIRE AND COUNTY DEPARTMENT OF
TRANSPORTATION
The proposed amendment will have a minimal or no impact on these facilities.
Virginia Department of Transportation (VDOT~:
This request will have no impact on these facilities.
2 12SN0146-OCT26-BOS-RPT
T ,ANn T 1~F,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Central Area Plan, which
suggests the property is appropriate for community mixed use.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Community Center." This proposed 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 Commission,
has not been approved, and does not provide land use guidance for the subject property at
this time. As of the date of this report, the Commission has not forwarded a recommendation
regarding the revised draft plan to the Board of Supervisors. Additionally, the Board has not
reviewed the revised draft plan, nor has the Board taken any action on the revised draft plan
to date. The recommendations of the revised draft plan are provided for reference purposes
only.
Area Development Trends:
The request property is part of the Ironbridge Plaza development bound by Iron Bridge and
South Chalkley Roads and Branders Creek Drive. Area properties north of Iron Bridge Road
are developed for commercial uses or remain vacant. Properties east of South Chalkley
Road are occupied by commercial uses and properties south of Branders Creek Drive are
developed as the River Forest Apartments or are zoned for townhouse development and are
vacant.
Zonin Hg istory:
On July 26, 1989 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved the rezoning of a 112.5 acre tract for a mixed use
development to include multi-family residential, office, commercial and light industrial
uses (Case 89SN0110). This case included properties fronting the south line of Iron
Bridge Road along Branders Creek Drive and South Chalkley Road. Conditions of this
approval included limitations on the hours of operation for uses within the light industrial
and commercial portions of the development. The subject property was included in this
request.
Hours of Operation:
Currently, conditions require that no use be open to the public between 11:00 p.m. and 6:00
a.m., except sit down restaurants which may be open until 2:00 a.m. (Case 89SN0110
Proffered Condition 9.c). This condition resulted from negotiations with area property
owners during the zoning process. The applicant has requested that Walmart be permitted to
3 12SN0146-OCT26-BOS-RPT
operate from 6:00 a.m. Thanksgiving Day through 11:00 p.m. the following Friday ("Black
Friday"). As proffered, these extended hours would be limited to Walmart only. (Proffered
Condition)
CONCLUSION
Conditions relative to hours of operation were negotiated with area property owners. After
consideration of public input, should the Commission and Board wish to approve these
amendments, acceptance of the proffered condition would be appropriate.
CASE HISTORY
Staff (9/27/11):
If the Planning Commission acts on this request on October 18, 2011, the case will be
considered by the Board of Supervisors on October 26, 2011.
The Board of Supervisors, on Wednesday, October 26, 2011, beginning at 6:30 p.m., will take
under consideration this request.
4 12SN0146-OCT26-BOS-RPT
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