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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0177
Lowe's Home Centers, Inc.
~~nnQ rnr
April 23, 2008 BS
Bermuda Magisterial District
West line of Jefferson Davis Highway
RE VEST: Amendment to Conditional Use Planned Development (Case 97SN0140) to permit
continuous outside display.
PROPOSED LAND USE:
Continuous outside display is a restricted use in the Community Business (C-3)
District. Specifically, areas used for this display cannot exceed five (5) percent of
the gross floor area of the principal use and must be located under a covered
walkway. The existing home center does not comply with these Ordinance
limitations. With approval of this request, approximately three (3) percent of the
gross floor area of the principal use or approximately 4314 square feet of display
would be permitted outside of covered walkways, as depicted on the attached plan.
(Proffered Condition)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed land use does not conform to the Southern Jefferson Davis Corridor
Plan which suggests the property is appropriate for community commercial/mixed
use corn or uses.
Providing a FIRST CHOICE community through excellence in public service
B. The requested exception could set a precedent for similar requests.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITION
(CPC) The Owners and the Developer (the "Developer") in this zoning case amending
previous case number 97SN0140, pursuant to § 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of Chesterfield County (the
"Ordinance"), for themselves and their successors or assigns, proffer that the
development of the Property known as Chesterfield County Tax Identification
Numbers 798-652-9127, 798-652-7747, 799-652-0921, 799-651-3794, and 798-
652-4613 (the "Property") under consideration will be developed according to the
following condition if, and only if, the request for amendment of the conditional
use plan of development is granted. In the event the request is denied or approved
with conditions not agreed to by the Developer, the proffer and conditions shall
immediately be null and void and of no further force or effect.
Continuous Outside Display: The attached plan prepared by Timmons Group,
dated November 15, 2007 and revised February 5, 2008, titled "Lowe's Chester -
Area of Continuous Outside Display" (the "Supplemental Plan") shall be
considered a supplement to the Master Plan for the Property. The area of the
Property generally depicted on the Supplemental Plan as a grey hatched area to
the north of the existing garden center, comprising approximately 4,314 square
feet or approximately three percent (3%) of the gross floor area of the principal
use, may be utilized for continuous outside display (the "Continuous Outside
Display Area"), notwithstanding the requirements of the Ordinance. Continuous
outside display or sale of sheds and utility trailers on the Property shall be
restricted to the Continuous Outside Display Area. All areas of the Property
actually utilized at any time for continuous outside display, including without
limitation the Continuous Outside Display Area, shall not exceed the greater of (i)
five percent (5%) of the gross floor area of the principal use, or (ii) the total area
as permitted by the Ordinance. (P)
GENERAL INFORMATION
T ,n~ati nn
West line of Jefferson Davis Highway, across from Weir Road. Tax IDs 798-652-4613,
7747 and 9127; 799-651-3794; and 799-652-0921.
2 08SN0177-APR23-BOS-RPT
Existin.~ Zoning:
C-3 with Conditional Use Planned Development
Size:
25.0 acres
Existin Land Use:
Commercial
Adjacent Zoning and Land Use:
North - C-3 and R-15; Commercial or single family residential
South - C-5 and MH- l ;Commercial
East - C-3 and R-15; Commercial or public/semi-public
West - R-9; Public/semi-public
UTILITIES; ENVIRONMENTAL; FIRE; AND TRANSPORATION
This request will have no impact upon these facilities.
T , ANTS 1 IMF,
Comprehensive Plan:
Lies within the boundaries of the Southern Jefferson Davis Corridor Plan which suggests
the property is appropriate for community-scale commercial and office uses with
integrated residential uses of various types and densities under certain circumstances.
Area Development Trends:
Properties to the north are occupied by commercial uses to include the Breckenridge
Shopping Center development located at the southwest quadrant of West Hundred Road and
Jefferson Davis Highway. Properties to the south and east are developed for commercial or
public/semi-public uses (John Tyler Community College). Properties to the west are
developed as part of the Gay Farms Subdivision or County soccer fields.
Zoning History:
On March 12, 1997, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning to Community Business (C-3) of thirty-one (31)
acres and Residential (R-9) of fifty-seven (57) acres with a Conditional Use Planned
Development to permit outside storage and a borrow pit (Case 97SN0140). Commercial
3 08SN0177-APR23-BOS-RPT
uses were planned for the C-3 property. The subject property was included in the C-3
portion of this request and was subsequently developed as a home improvement center.
Development Standards:
The request property currently lies within an Emerging Growth Area. The purpose of the
Emerging Growth District Standards is to promote high quality, well-designed projects.
Development of the site must conform to the development standards of Case 97SN0140
and of the Zoning Ordinance, which in combination address access, parking, landscaping,
architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters and
oa ing areas.
Continuous Outside DisplaX:
Continuous outside display consists of any area used for, but not limited to, the display of
goods for sale on a twenty-four (24) hour basis. Continuous outside display is a restricted
use in the Community Business (C-3), Regional Business (C-4) and General Business (C-5)
Districts. Specifically, areas used for this display cannot exceed five (5) percent of the gross
floor area of the principal use and must be located under a covered walkway. Displayed
merchandise must not obstruct pedestrian access.
The applicant is requesting a deviation from the required location of continuous outside
display by permitting a portion of this permitted square footage to be located outside of a
covered walkway. Specifically, approximately 4,314 of the 6,515 square feet of permitted
display area would be located adjacent to, and north of, the existing garden center, as
depicted on the attached master plan. Further, any display of sheds and utility trailers would
be limited to this area north of the garden center however, as proffered, this area may also be
used to display other items in addition to sheds and trailers. (Proffered Condition)
Staff has recognized that many home centers have experienced issues relative to continuous
outside display. As these developments occur, staff has advised applicants to provide
interior areas for the sale of larger merchandise that is not easily accommodated on covered
walkways. Otherwise, the sale of merchandise such as sheds and trailers that, because of
their size and function, are considered outdoor uses would first be permitted as a restricted
use in the General Business (C-5) District and would not be regulated as continuous outside
display. As previously noted, neither the current zoning of the property nor the Plan support
C-5 uses.
CONCLUSION
The proposed land use does not conform to the Southern Jefferson Davis Corridor Plan which
suggests the property is appropriate for community commercial/mixed use corridor uses. Sites
should be designed, and displays limited, such that continuous outdoor display can be
accommodated on covered walkways. Further, the sale of larger merchandise designed for outdoor
use, such as sheds and trailers, should be located in General Business (C-5) Districts where such
4 08SN0177-APR23-BOS-RPT
items are not regulated as continuous outside display. This requested exception could set a
precedent for similar requests in C-3 Districts contrary to the recommendations ofthe Plan.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (3/12/08):
The proffered condition was amended.
Planning Commission Meeting (3/20/08):
The applicant accepted the Commission's recommendation. There was support present
citing the view of the outside display area was effectively screened from Jefferson Davis
Highway.
Messrs. Gulley and Hassen indicated that the location of the display in combination with
the existing evergreens minimized its impacts on the corridor and should not set a
precedent for similar requests.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the Proffered Condition on page 2.
AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller.
The Board of Supervisors, on Wednesday, April 23, 2008, beginning at 6:30 p.m., will take
under consideration this request.
5 08SN0177-APR23-BOS-RPT
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