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94SN0127 ,.....^ October 19, 1993 CPC October 27, 1993 BS REQUEST ANALYSIS AND RECOMMEN DATION 94SN0127 Homeowners Warehouse, Inc. Midlothian Magisterial District 1300 Huguenot Road REQUEST: Amendment to a previously granted rezoning (Case 89SN0303) relative to signs. Specifically, the applicant wishes to delete Proffered Condition 10 of Case 89SN0303 requiring signs to comply with Emerging Growth District standards. In lieu of this proffer, the applicant has submitted a new proffered condition which would allow building-mounted signs for the Service Merchandise Building to comply with Post Development District standards, unless modified through the Variance process, provided however that building- mounted signs for the Service Merchandise building would not exceed an aggregate area of 305 square feet. All other building-mounted signs for future tenant space and freestanding signs would conform to Emerging Growth District standards. PROPOSED LAN D USE: The site is currently being developed for a single tenant, Service Merchandise; however, other tenant space and outparcels are planned in the future. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON P AG E 2. STAFF RECOMMENDATION Recommend denial for the following reasons: At present, as well as at the time the property was rezoned to Neighborhood Business (C-2), the Northern Area Land Use and Transoortation Plan (Alverser/Old Buckingham Area Plan Amendment) designates the property for office use. This designation was intended to provide a transition between the Huguenot Road Corridor and area residential development to the west. Based upon the adopted Plan, staff recommended denial of the commercial zoning. At the time of the request to rezone the property to C-2, in an attempt to address the goals of the office designation on the Plan, the applicant submitted proffered conditions which were intended to address land use compatibility, transition and development standards concerns. Subsequently, the Planning Commission and Board of Supervisors approved C-2 zoning (Case 89SN0303) because it was felt that with the proffered conditions, the goals of the office designation had been achieved and that the development would conform to the standards which had been established by others along this section of the Huguenot Road Corridor. Approval of this request would compromise the standards under which the C-2 zoning was granted. (NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNER MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "ST AFF/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) With the exception of signs for the building shown as Service Merchandise on the plans prepared by J. K. Timmons and Associates, dated February 16, 1993, signs shall comply with Emerging Growth District standards. Regardless of any authority granted by any other body allowing erection of building- mounted signs for the building shown as Service Merchandise in excess of the size permitted by the Zoning Ordinance, no building-mounted signs will be placed on the building shown as Service Merchandise in excess of an aggregate area of 305 square feet. GENERAL INFORMATION Location: Fronts on the west line of Huguenot Road, on the north line of Old Buckingham Road, and on the east line of Alverser Drive and better know as 1300 Huguenot Road. Tax Map 16-8 (1) Parcel 56 (Sheet 7). Existing Zoning: C-2 Size: 9.8 acres 2 94SN0127IWP/OCT27L - ,,,,,,,- - Existi ng Land Use: Commercial (under construction) Adiacent Zoning & Land Use: North - R-7, and R-7 and 0 with Conditional Use Planned Development; Single family residential or vacant South - A, 0 with Conditional Use Planned Development and C-2; Commercial or vacant East - B-1 with Conditional Use Planned Development; Commercial or vacant West - 0 with Conditional Use Planned Development; Vacant PUBLIC FACILITIES Utilities: Environmental Engineering: Fire Service: and Transportation: The requested amendment will have no impact upon these facilities. LAND USE General Plan: Lies within the boundaries of the Northern Area Land Use and Transportation Plan (Alverser/Old Buckingham Area Plan Amendment), which designates the property for office use. Area Development Trends: Area development is characterized by commercial zoning and land uses to the east and south of the request property, in the vicinity of the Midlothian Turnpike/Huguenot Road/Courthouse Road intersection, and by office zoning and land use to the north and west transitioning to single family residential development. Much of the office development which has occurred along this section of the Huguenot Road Corridor was zoned with conditions which addressed limited signage; landscaping; architectural treatment; and other design elements. Zoning History: At the time of the request for C-2 zoning, staff recommended denial because the proposal did not conform to the Alverser/Old Buckingham Area Plan Amendment which designates the property for office use. The applicant at the time had numerous meetings with staff and area residents in an attempt to address both land use and site 3 94SN0127ANP/OCT27L design concerns. It was staff's opinion that even with stringent standards, commercial development was inappropriate and represented a potential encroachment into a traditionally office and single family residential area. The applicant at that time did, however, agree to certain development standards, in excess of those which would be required by the Zoning Ordinance. While staff did not support the rezoning, it was felt that the development standards offered through the proffered conditions were the minimum necessary to minimize the impact as well as conform to the standards already established along this section of the Huguenot Road Corridor. On November 22, 1989, the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning from Agricultural (A) and Office Business (0) to Neighborhood Business (C-2) on the request property and accepted proffered conditions designed to address the concerns of area residents relative to land use intensity and quality of development (Case 89SN0303). On April 28, 1993, the Board of Supervisors, again upon a favorable recommendation from the Planning Commission, approved an amendment to Case 89SN0303 relative to architectural treatment of buildings (Case 93SN0189). The current request is to delete Proffered Condition 10 of 89SN0303 which requires signs to comply with Emerging Growth District. The applicant has submitted a new proffered condition which would allow building-mounted signs for the Service Merchandise building to comply with Post Development District standards unless modified through the Variance process provided, however, that building-mounted signs could not exceed an aggregate area of 305 square feet. All other building- mounted signs on future tenant space and freestanding signs would be required to comply with Emerging Growth District standards. (Proffered Condition) Site and Development Standards: Since a portion of the parcel lies within the limits of the Midlothian Turnpike Post Development Area, the Zoning Ordinance allows the entire property to be developed in accordance with Post Development standards. Given that certain development standards, which were compatible with requirements of Emerging Growth Areas had been established along this portion of the Huguenot Road Corridor through prior development, the applicant, at the time of zoning agreed that development would conform to most of those standards to include sign requirements. Emerging Growth District standards limits sign area to one (1) square foot for each two (2) feet of store front, provided a minimum of twenty (20) and a maximum of 150 square feet of signage per store would be permitted. Based upon the frontage of the Service Merchandise Building and the requirements of the Emerging Growth District standards, 140 square feet of building-mounted signage would be permitted. The applicant's request to delete Proffered Condition 10 and add a new proffered condition would require the Service Merchandise structure building-mounted signs 4 94SN0127ANP/OCT27L .... ,- to comply with Post Development standards, unless modified through the Variance process. All future tenant space and freestanding signs would continue to comply with Emerging Growth District standards. Post Development District standards for C- 2 zoning would permit 1.75 square feet of signage for each two (2) feet of store front, provided a minimum of twenty (20) and a maximum of 150 square feet of signage would be permitted. Post Development standards would allow building-mounted signage of 150 square feet for the Service Merchandise building unless modified through the Variance process. If through this zoning request, Proffered Condition 10 is deleted and the new Proffered Condition accepted, the Service Merchandise structure would be limited to 305 square feet of building-mounted signage regardless of the amount of Variance granted in the future. It should be noted that the applicant has a Variance request pending which is scheduled to be heard by the Board of Zoning Appeals on November 3/ 1993. This Variance could only be granted if Proffered Condition 10 is deleted. Conclusions: As noted herein, conditions of zoning approval for Case 89SN0303 were negotiated between the owner/developer and area residents and accepted by the Commission and Board because it was felt that with the proffered conditions, the goals of the office designation of the Plan and the standards which had been established along Huguenot Road in the vicinity of this request would be achieved through this development. Deletion of the condition relative to sign limitations would compromise the standards under which the C-2 zoning was granted. Therefore, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (10/19/93): The applicant submitted the Proffered Condition, as discussed herein. The applicant accepted the Planning Commission's recommendation. There was support present. Messrs. Easter and Gulley indicated that the proposed signs for the Service Merchandise building compliment the architectural style of the structure. Mr. Mi lIer expressed concern that approval of this request would be a breech of past agreements and violate the terms under which the commercial zoning was originally granted. 5 94SN0127IWP/OCT27L On motion of Mr. Easter, seconded by Mr. Cunningham, the Commission recommended approval of this request and acceptance of the proffered condition on page 2. AYES: Messrs. Gulley, Easter, Cunningham and Marsh. ABSTAIN: Mr. Miller. The Board of Supervisors on Wednesday, October 27, 1993, beginning at 7:00 p.m., will take under consideration this request. 6 94SN01271WP/OCT27L f , i \~H'. If\-=- .;] =: ..)1-. IJ IS \ OR-7 C'~J BCD ~c;~.J..gjl l:...L.r, 0-: : '-tJ. :: "'r A I I ----- Oc A c /^' _____ _>I,