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12SN0146CASE MANAGER: Jane Peterson ~G u 1719 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 ,+f~ ~ `. :'f' ~ ,. , . ~~~*-.r BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0146 Walmart Inc. Bermuda Magisterial District South line of Iron Bridge Road v~ •~rra 7L(11 1 (''l~('' 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 1 1 1 t '~- ~~ ~ ~ , U r~ , V , U N , N~ M ~ ~ r \ ~ N U v o , r -~~ ~ ~ N ~ ~ ~ r r 1 d ~~ z ~i l~~b W , 1 ,~ H~ S ~ ~~ , .:::::::::::::::::.. - I~ t~ J ~ ::::::::::::::::::::::::::::::. ~r W o ~ ~ ... ~~~ ~ ` Jam, ...::::::::::::::::::::::::::::::::::::: Z = ~ ~ ................ ....... O \ N Q ~~ f j .:::::::::::::::::::::::: ~~:: ~C ~t ~ " IY ~ :::::::::::::....::::::::::::: W ~ ~ ~ ,_ ~ .::::::::~ V U \ ` I ~ ..... ~~ .- i ~ I N '1 ~ ~ ~ ~ , 1 N U P ~~ ~ ~ ~ ~~ ~ a ~ ~ 1 ~ Q ~ ~ 1 ~~~ ~ ~ ~ ~ ~ ~ 1 N ~ ' ~ o ~ ~ 1. 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