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08SN0177~~tF~EI,p ~~:, ~~ti --~ ca~~'';. .v ~ ~ e,~ !' ~ ~~ ~ti, I rY~ ry ! ~;li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ 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. 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