Loading...
04SN0168-Jan 28.pdfJanuary 28, 2004 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 04SN0168 The Restaurant Co. Clover-Hill Magisterial District North line of Hull Street Road REQUEST: Amendment to Conditional Use (Case 97SN0223). to permit exceptions to sign requirements. PROPOSED LAND USE: The propertY, in combination with another portion of the parent parcel, is planned for development as a fast food restaurant.. The applicant is requesting an amendment to allow flexibility in the lettering color for building-mounted signage which is currently restricted to white lettering. PLANNING COMMISSION RECOMMENDATION. RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIoNs ON PAGE 2. STAFF RECOMMENDATION The conditions were negotiated between the applicant of Case 97SN0223 and area property owners. After consideration of public input, should the Board wish to approve this. amendment~ the acceptance of the Proffered Conditions wOuld be appropriate. (NOTE:- CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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.) Providing a FIRST CHOICE Community Through Excellence in-Public Service. PROFFERED CONDITIONS (STAFF/CPC) 1. (STAFF/CPC) 2. With the exception of an Arby's Restaurant, all building mounted si~s shall be white in color and have a maximum logo-square footage of one and one-fiffia the building mounted letter height. All building mounted signage for an :Arby's Restaurant shall be. either -_ white or red in color and shall have a maximum logo square fOotage one and one-fifth the bui,lding mounted letter height. 0~) (StaffNote: This proffered condition supersedes Proffered Condition 8 of Case 97SN0223. Except as statedherein, si~s must conform.to the requiremems of the Zoning Ordinance.) Prior to the issuance of any sign permit; the. Plmg Department .shall be provided with documentafi6n.of the Brandermill :CommUnity. Association' s Architectural Review Board' s approX'al, of such sign(s). (P) GENERAL INFORMATION Location: Northeast quadrant of Hull.Street Road and Bayside Lane. TaxIDs 728,674-Part of.8705 ' and 729-674-Part of 021.5 (Sheet 15). Existing Zoning: C-3 with Conditional Use Size: 3.0 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North,. East, South and West- C-3 with Conditional Use;.Commercial or vacant UTILITIES; ENVIRONMENTAL; AND PUBLIC FAcILiTIES The requested amendment will have no impact on these facilities. 2 04SN0168-JAN-28-BOS LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swirl Creek Plan which suggests the property is appropriate for a mix of mulfifamily residential, corporate office .and neighborhood commercial uses. Area Development Trends: The request property is an outparcel of the Harbour Pointe Shopping Center. Surrounding properties are zoned Community Business (C-3) and are occupied by commercial uses or remain vacant. Zoning History: On December 11, 1991, the Board of Supervisors, upona favorable recommendation from the Planning Commission, approved a rezoning from Residential (R-7), Office Business (O) and Light Industrial (M-I) to Community Business (C-3) with Conditional Use to permit a shopping center, multi family residential and townhouse residential uses on a 47.4 acre tract, to include the request site. (Case 91SN0286) On July 23, 1997, the Board of. Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Case 918N0286 to permit a drug store/Pharmacy with drive-in windOw on a 3.6 acre tract that included the request site (Case 97SN0223). With approval ofthis request, a proffered condition was accepted requiting that all signs conform to the Harbour Pointe Village Shopping Center Sign Package.(Proffered Condition 8 of Case 97SN0223). For out pared development, this package addressed the letter color and logo size for building mounted signage. On September 26, 2001, the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Case91 SN0286 to permit restaurant use on a .6 acre tract (Case 01 SN0254). This property is proposed to be incorporated into the request site for the purpose of development. Site Design: The property in conjunction with adjacent C-3 properties to the-north is proposed for development as a fast food restaurant. Except as regulated by Cases 91SN0286 and 97SN0223, development must conform to the requirements of the Zoning Ordinance for Emerging Growth Districts which address access, parking,' landscaping, architectural treatment, setbacks, signs, buffers, pedestrian access, utilities and-screening ofdumpsters and loading areas. 3 04SN01684AN28-BOS Signs: Signs for the site are currently regulated by the Zoning Ordinance requirements, except as sUPerseded by conditions of Case 97SN0223. Such conditions address letter color and logo size for building mounted signage used for out parcel development. SpeCifically, all lettering for building mounted signage mustbe white and the logo. height eaunot exceed one and one- fifth (1 1/5) times the letter height. The applicant is reqUesting an amendment to these sign conditions to permit red lettering as an altemative to the whitelettering requirement for an Arby?s Restaurant, only. The l~)go height restriction would remain (proffered Condition 1). These Conditions were negotiated between the applicant of Case. 97SN0223 and area property owners in an attempt to achieve consistency in signage between the Harbour Pointe Shopping Center and out parcel development. Further, proffered Conditions require that al! silgnage be approved:by the Brandermill Community AssOciation's Architectural Board (Proffered COndition 2). It should be noted that the Ordinance no longer requires adherence to signpackages'for projects existing.prior to November 9, 1994, which includes the Harbour Pointe Shopping Center. Signs. for such developments:must comply with requirements ofthe Ordinance and zoning conditions and may also be subject to privately-enforced requirementsand review processes2 CONCLUSIONS The conditions of the 1997 zoning case were negotiated with area property owners..After consideration of public input, should the Board wish to approvethis-amendment, the acceptance of the proffered conditions would'beappropriate. CASE HISTORY Planning Commission Meeting (12/16/03): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Litton,.the Commission recommended approval of this request and acceptance of the profferedconditions onpage 2. AYES: Unanimous. The Board of Supervisors, on Wednesday, :January 28, 2004, beg~g at 7:00 p~m., will take under consideration this request. 4 04SN0168-JAN28-BOS 0 0 N o I.