03SN0110-Oct23.pdfOctober 23, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
03SN0110
The Restaurant Co.
Bermuda Magisterial District
North line of East Hundred Road
REQUEST: Amendment to Conditional Use Planned Development relative to signage. (Condition
2 of Case 87S039)
PROPOSED LAND USE:
The property, in combination with zmother portion of the parent parcel and an
adjacent parcel to the east, is plmmed tbr development as a fast food restaurant. The
applicant is requesting an amendment to allow signage to comply with current
Ordinance requirements with the exception of preview boards and order boards,
which are proposed to contain a larger sign area than permitted under the current
Ordinance requirements.
PLANNING COMMISSION ~COMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE IMPOSITION OF THE CONDITION ON PAGE
2.
STAFF RECOMMENDATION
Recommend approval subject to a condition for the lbllowing reasons:
The current sign standards of the Zoning Ordinance provide adequate identification
for uses on the property, to include preview and order boards.
Providing a FIRST CtlOICE Community Through Excellence in Public Service.
Approval of larger preview and order boards could encourage other businesses to
seek similar exceptions.
(NOTE: CONDITIONS MAY BE IMPOSED OR TttE PROPERTY OWNER MAY PROFFER
CONDITION S. 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.)
CONDITION
(STAFF/CPC)
With the exception of signs, development shall conform to Corridor Overlay
District standards, except as otherwise noted in conditions of Case 87S039.
(P)
(NOTE: This Condition supersedes Condition 2 of Case 87S039 for the
request properly only. Therefore, sings would be required to comply with the
applicable Zoning Ordinance standards.)
GENERAL INFORMATION
Location:
North line of East Hundred Road, west of Kingston Avenue. Tax ID 819-652-Part of 0000
(Sheet 27).
Existing Zoning:
R-15 with Conditional Use Plam~ed Development
Size:
1.0 acre
Existin~ Land Use:
Vacant
Adjacent Zonin~ and Land Use:
North and East - R-15 with Conditional Use Planned Development and C-3; Commercial
(under construction) or vacant
Somh and West - C-3 and R- 15 with Conditional Use Planned Development; Commercial or
vacant
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UTILITIES: ENVIRONMENTAL; AND PUBLIC FACILITIES
The requested amendment will have no impact on these t~dcilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the recently adopted Consolidated Eastern Area Plan xvhich
suggests the site is appropriate for community-scale commercial use.
Area Development Trends:
Area properties along the north and south lines of East Hundred Road are zoned for, and/or
developed as, commercial uses. The Plan anticipates that commercial uses will continue
along this portion of East Hundred Road.
Zoning History:
On September 28, 1988, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved a rezoning of a 972.5 acre tract to Residential (R-I 5)
with a Conditional Use Planned Development to permit a mixed use development to include
residential, office, commercial, recreational and indus;rial uses commonly known as the
River's Bend development (Case 87S039). Condition 2 of Case 87S039 required that
development conform to the Corridor Overlay Standards which include sign standards.
On February 9, 2000, the Board of Supervisors, upon an unfavorable recommendation from
the Plmming Commission, approved an amendment of Conditional Use Planned
Development (Case 87S039) to perrnit use exceptions and exceptions to building size,
architectural treatment, hours of operation and uses permitted outside of enclosed buildings
(Case 00SN0173). These amendments did not affect the original conditions of Case 87S039
relative to signage.
As previously noted, development of the proposed fast food restaurant will incorporate the
subject property as well as two (2) adjacent properties to the east. These three (3) properties
are affected by different sign conditions. The subject property is affected by Corridor
Overlay District Standards (Case 87S039); the adjacent Residential (R-15) property is subject
to the requirements of Chapter 21.t of the Zoning Ordinance (Case 90SN0128); and the
eastern Community Business (C-3) property is subject to current sign standards of the
Zoning Ordinance (Case 96SN0190). This amendment would result in both the subject
property and the C-3 portion of the development to be regulated under the current sign
standards of the Ordinance, except for the sign area exceptions requested on the subject
property.
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Site Design:
Tine property in conjunction with adjacent R-15 and C-3 properties to the east, is proposed
for development as a fast food restaurant. Development must conform to the requirements of
the Zoning Ordinance and conditions of zoning approval which currently address access,
parking, landscaping, architectural treatment, setbacks, signs, buffers, utilities and screening
of dumpsters and loading areas.
Signs:
Signs tbr the site are currently regulated by Condition 2 of Case 87S039 which requires
compliance with Corridor Overlay District Standards. These standards do not permit
preview board signs. The applicant has requested that this condition be amended so as to
allow signage to comply with current Zoning Ordinance requirements, with two (2)
exceptions. First, the current Ordinance limits the size of preview boards to fifteen (15)
square feet in area. The applicant has requested that this square footage be increased to a
maximum of 32.8 square feet in area. Second, the current Ordinance limits the size of order
boards to thirty (30) square feet in area. Tl~e applicant has requested that this square footage
be increased to a maximum of 32.8 square feet in area. The applicant has indicated that the
requirement for these larger signs is dictated by the franchisor for the proposed restaurant
use.
In addition, Condition 2 of 87S039 regulates the amount of freestanding and building-
mounted signage. The Corridor Overlay District Standards limit the amount of total sign
area to one (1) square foot for each two (2) feet of building frontage with a minimum of
twenty (20) square feet and a maximum of 150 square feet of signage permitted. Individual
freestanding signs in projects are not permitted.
The current Ordinance standards will allow building-mounted signage based upon 1.25
square feet for each one (1) foot of building frontage with a minimum of thirty (30) and a
maximum of 150 square feet of building-mounted signage allowed. These square footages
do not include the permissible square footage lbr any freestanding sign. Individual
freestanding sings to identify individual businesses within projects are permitted under
current Ordinance standards.
CONCLUSIONS
The current sign standards of the Zoning Ordinance provide adequate identification fbr uses on the
property, to include preview and order boards. Although staff supports conformance to these current
Ordinance standards, the requested exceptions to the permitted sign area for order and preview
boards could encourage other businesses to seek similar exceptions. (Condition)
Given these considerations, denial of the request to allow larger order and preview boards is
recommended. Approval to allow signs to comply with current Ordinance requirements is
recommended.
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CASE HISTORY
Planning Commission Meeting (9/17/02):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Cunningham, seconded by Mr. Stack, the Commission recommended
approval of this request subject to the imposition of the Condition on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, October 23, 2002, beginning at 7:00 p.m., will take under
consideration this request.
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