STAFF S REQUEST ANALYSIS AND RECOMMENDATION 08SN0177. Lowe s Home Centers, Inc. Bermuda Magisterial District West line of Jefferson Davis Highway

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Laurence Hines
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1 March 18, 2008 P pril 23, 2008 B TFF REQUET NLYI ND REOMMENDTION 08N0177 Lowe s Home enters, Inc. Bermuda Magisterial District West line of Jefferson Davis Highway REQUET: mendment to onditional Use Planned Development (ase 97N0140) to permit continuous outside display. PROPOED LND UE: ontinuous outside display is a restricted use in the ommunity Business (-3) District. pecifically, 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 ondition) PLNNING OMMIION REOMMENDTION REOMMEND PPROL ND EPTNE OF THE PROFFERED ONDITION ON PGE 2. Recommend denial for the following reasons: TFF REOMMENDTION. The proposed land use does not conform to the outhern Jefferson Davis orridor Plan which suggests the property is appropriate for community commercial/mixed use corridor uses. Providing a FIRT HOIE community through excellence in public service

2 B. The requested exception could set a precedent for similar requests. (NOTE: ONDITION MY BE IMPOED OR THE PROPERTY OWNER() MY PROFFER ONDITION. THE ONDITION NOTED WITH "TFF/P" WERE GREED UPON BY BOTH TFF ND THE OMMIION. ONDITION WITH ONLY "TFF" RE REOMMENDED OLELY BY TFF. ONDITION WITH ONLY "P" RE DDITIONL ONDITION REOMMENDED BY THE PLNNING OMMIION.) PROFFERED ONDITION (P) The Owners and the Developer (the Developer ) in this zoning case amending previous case number 97N0140, pursuant to of the ode of irginia (1950 as amended) and the Zoning Ordinance of hesterfield ounty (the Ordinance ), for themselves and their successors or assigns, proffer that the development of the Property known as hesterfield ounty Tax Identification Numbers , , , , and (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. ontinuous Outside Display: The attached plan prepared by Timmons Group, dated November 15, 2007 and revised February 5, 2008, titled Lowe s hester rea of ontinuous Outside Display (the upplemental Plan ) shall be considered a supplement to the Master Plan for the Property. The area of the Property generally depicted on the upplemental 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 ontinuous Outside Display rea ), notwithstanding the requirements of the Ordinance. ontinuous outside display or sale of sheds and utility trailers on the Property shall be restricted to the ontinuous Outside Display rea. ll areas of the Property actually utilized at any time for continuous outside display, including without limitation the ontinuous Outside Display rea, 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) GENERL INFORMTION Location: West line of Jefferson Davis Highway, across from Weir Road. Tax IDs , 7747 and 9127; ; and N0177-PR23-BO-RPT

3 Existing Zoning: ize: -3 with onditional Use Planned Development 25.0 acres Existing Land Use: ommercial djacent Zoning and Land Use: North -3 and R-15; ommercial or single family residential outh -5 and MH-1; ommercial East -3 and R-15; ommercial or public/semi-public West R-9; Public/semi-public UTILITIE; ENIRONMENTL; FIRE; ND TRNPORTION This request will have no impact upon these facilities. omprehensive Plan: LND UE Lies within the boundaries of the outhern Jefferson Davis orridor 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. rea Development Trends: Properties to the north are occupied by commercial uses to include the Breckenridge hopping enter 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 ommunity ollege). Properties to the west are developed as part of the Gay Farms ubdivision or ounty soccer fields. Zoning History: On March 12, 1997, the Board of upervisors, upon a favorable recommendation by the Planning ommission, approved rezoning to ommunity Business (-3) of thirty-one (31) acres and Residential (R-9) of fifty-seven (57) acres with a onditional Use Planned Development to permit outside storage and a borrow pit (ase 97N0140). ommercial 3 08N0177-PR23-BO-RPT

4 uses were planned for the -3 property. The subject property was included in the -3 portion of this request and was subsequently developed as a home improvement center. Development tandards: The request property currently lies within an Emerging Growth rea. The purpose of the Emerging Growth District tandards is to promote high quality, well-designed projects. Development of the site must conform to the development standards of ase 97N0140 and of the Zoning Ordinance, which in combination address access, parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities and screening of dumpsters and loading areas. ontinuous Outside Display: ontinuous 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. ontinuous outside display is a restricted use in the ommunity Business (-3), Regional Business (-4) and General Business (-5) Districts. pecifically, 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. pecifically, 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 ondition) taff has recognized that many home centers have experienced issues relative to continuous outside display. s 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 (-5) District and would not be regulated as continuous outside display. s previously noted, neither the current zoning of the property nor the Plan support -5 uses. ONLUION The proposed land use does not conform to the outhern Jefferson Davis orridor Plan which suggests the property is appropriate for community commercial/mixed use corridor uses. ites 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 (-5) Districts where such 4 08N0177-PR23-BO-RPT

5 items are not regulated as continuous outside display. This requested exception could set a precedent for similar requests in -3 Districts contrary to the recommendations of the Plan. Given these considerations, denial of this request is recommended. E HITORY pplicant (3/12/08): The proffered condition was amended. Planning ommission Meeting (3/20/08): The applicant accepted the ommission 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 ommission recommended approval and acceptance of the Proffered ondition on page 2. YE: Messrs. Gulley, Bass, Brown, Hassen and Waller. The Board of upervisors, on Wednesday, pril 23, 2008, beginning at 6:30 p.m., will take under consideration this request. 5 08N0177-PR23-BO-RPT

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7 I-95 RP H N DR ED R L O UTH ND DR D -3 W HUNDRED RD -3-5 RD E Z PL ID Z HDY RE W E IR PL WEIR RD R -3 D G R-15 M IG LI EL Y T -3-3 BR GY FRM MERRY DR T EUPHORI BL ITHE DR -3 WY I H D -3 Z E Y ON FE R -3 Z -5 JEF -3-3 M -5 Z I-95 P RK ER L N W HU Z JOLLY PL EDR RUN JO YL LL N 0 W PINE MEDO R-9 IR -2Z DR ND HILL erial photos taken in 2002 DR LE RD -3 Z R Y 600 Feet MP L E R-15 M WY 300 Z I-2 MO OOL PRING L RP WEI H I Z I-2 ND - 08N0177 MEND.U.P.D. R-9 R DR TY LE O ER TR WIF MH-1 N JO H F JEF D -3 UN R

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TOP GOLF SITE INTERSTATE 485 UNIVERSITY CITY BLVD IKEA BLVD IKEA BLVD UNIVERSITY CITY BLVD. McFARLANE BLVD UNIVERSIT

TOP GOLF SITE INTERSTATE 485 UNIVERSITY CITY BLVD IKEA BLVD IKEA BLVD UNIVERSITY CITY BLVD. McFARLANE BLVD UNIVERSIT UNIVERSITY CITY BLVD IKEA BLVD VIEW 2+3 TOP GOLF SITE NEW LED DISPLAYS IKEA BLVD VIEW 4 VIEW 1 McFARLANE BLVD INTERSTATE 485 UNIVERSITY CITY BLVD UNIVERSIT VIEW 1 02 VIEW 2 03 VIEW 3 04 VIEW 4 05 Site