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December 17, 2013 CPC January 22, 2014 BS

STAFF’S REQUEST ANALYSIS

AND RECOMMENDATION

14SN0535

Paragon Consultants, LLC

and JLP-Richmond, LLC

c/o Paul Gugino

Midlothian Magisterial District 1300 Huguenot Road

REQUEST

: Amendment of zoning (Case 94SN0127) relative to signage in a Neighborhood Business (C-2) District. Specifically, the applicant requests to amend a condition of zoning to allow signage for an outparcel building to comply with current ordinance standards.

PROPOSED LAND USE

:

Commercial uses are planned. A restaurant is proposed for the request property. Approval of this request would permit signage for an outparcel building to be regulated by current ordinance standards.

PLANNING COMMISSION RECOMMENDATION

RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2.

STAFF RECOMMENDATION

Recommend approval for the following reasons:

A. Permitting compliance with current sign standards of the ordinance will continue to promote legibility for customers while preventing over-concentration, as well as excessive height, bulk, and area of signs.

B. Compliance with ordinance standards will be consistent with recent area commercial development.

CASE MANAGER: Ryan Ramsey

BS Time Remaining: 365 days

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(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE PROPERTY OWNERS MAY PROFFER OTHER CONDITIONS. THE CONDITION NOTED “STAFF/CPC” WAS AGREED UPON BY BOTH STAFF AND THE PLANNING COMMISSION.)

PROFFERED CONDITION

(STAFF/CPC) Signage for any building located within a 200 foot radius of Alverser Drive and Huguenot Road shall be regulated by the Zoning Ordinance. (P)

(Staff Note: Except as amended herein, all previous conditions of zoning approved in Case 94SN0127 shall remain in full force and effect.)

GENERAL INFORMATION

Location

:

The request property is located in the southwest corner of Alverser Drive and Huguenot Road and is better known as 1300 Huguenot Road. Tax ID 739-710-7626.

Existing Zoning

:

C-2 Size

:

5.5 acres Existing Land Use

:

Commercial Adjacent Zoning and Land Use

:

North and West – O-2 with conditional use planned development; Commercial or office South – O-2 with conditional use planned development and C-2; Commercial or office East – C-3 with conditional use planned development; Commercial

UTILITIES

Public Water & Wastewater Systems

:

The existing commercial structure is connected to the public water and wastewater systems. The request will not impact the public water and wastewater systems.

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ENVIRONMENTAL Drainage and Erosion:

This request will have no impact on these facilities.

PUBLIC FACILITIES Fire Service:

The Bon Air Fire Station, Company Number 4, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS.

County Department of Transportation:

This request will have no impact on these facilities. Virginia Department of Transportation (VDOT):

This request will have no impact on these facilities.

LAND USE Comprehensive Plan:

The Comprehensive Plan suggests the request property is appropriate for Community Business use.

Area Development Trends:

The area is characterized by a mixture of commercial and office uses along Huguenot Road, Alverser Drive and Old Buckingham Road. Chesterfield Towne Center lies to the east, across Huguenot Road. Properties to the north, south and west, along Alverser Drive and Old Buckingham Road, have been developed for primarily commercial uses. The property immediately to the southeast contains the southern portion of the shopping center that adjoins the request property.

Zoning History:

On November 22, 1989 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning from Agricultural (A) and Office Business (O) to Neighborhood Business (C-2) to permit a shopping center on the subject property and the adjacent parcel to the southeast (Case 89SN0303). Uses were further restricted within 200 feet of the Huguenot Road and Alverser Drive intersection. Proffered conditions included limitations on signage. Specifically, while the property was

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located in a Post Development area, conditions restricted signage to Emerging Growth District area standards. This signage limitation along with other development standards was offered to minimize the impact of the proposed commercial development at a location suggested by the Comprehensive Plan for office uses.

On October 27, 1993 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Case 89SN0303 relative to building-mounted signage for a single tenant, Service Merchandise, on the subject property and the adjacent parcel to the southeast (Case 94SN0127). This amendment modified building-mounted signage standards for this tenant only by permitting compliance with Post Development standards. Service Merchandise is no longer a tenant in this center. On October 23, 2013 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved an amendment to Cases 89SN0303 and 93SN0189 relative to a proposed restaurant (Case 14SN0500). These amendments included permitting a restaurant use at the intersection of Huguenot Road and Alverser Drive; architectural compatibility; Planning Commission review of site plans; and an increase in density for the request property.

Signage:

Building-mounted and freestanding signage for the request property is currently regulated by a condition of zoning in Case 94SN0127 (Attachment 1), requiring compliance with Emerging Growth District standards. The applicant has requested this signage condition be deleted for a portion of the request property (Exhibit A), permitting compliance with current ordinance requirements. (Proffered Condition 1) The table below compares the conditioned Emerging Growth regulations with current ordinance standards. It is important to note that the ordinance no longer makes a distinction between Emerging Growth and Post Development areas relative to signage.

Sign Type Emerging Growth Standards Today’s Ordinance Standards

Freestanding Sign for

Outparcel Not Permitted

1 freestanding sign Area - 20 sq ft. Height - 8 ft.

Building Mounted

Area – 1 sq. ft. per 2 ft. of building

frontage

Area – 1.25 sq. ft per 1 ft. of building frontage or

Area – 1.75 sq. ft per 1 ft. of building frontage if a freestanding sign is not

erected

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Replacing the conditioned Emerging Growth standards with the current sign standards of the ordinance to govern the outparcel signage will continue to promote legibility to enable customers to locate businesses within the center and will prevent over-concentration, excessive height and area of signs. Removal of the Emerging Growth requirements will offer flexibility to the restaurant outparcel to provide for a freestanding identification sign and additional building-mounted signage. Adjacent commercial properties to the east and northwest have been developed with signage that must conform to the Zoning Ordinance. By permitting the request property to also conform to the Zoning Ordinance, signage for the subject will remain consistent with recent commercial developments in the vicinity.

CONCLUSION

Amendment of the signage condition would allow for the proposed restaurant’s signage to conform to Zoning Ordinance standards and be consistent with area signage standards for more recent development. Given these considerations, approval of this request is recommended.

CASE HISTORY Planning Commission Meeting (12/17/13):

The applicant accepted the recommendation. There was no opposition present. Mr. Waller noted that the applicant’s proposal for signage is in conformance with today’s Zoning Ordinance requirements, therefore he could support the request. On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended approval and acceptance of the proffered condition on page 2. AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.

The Board of Supervisors, on Wednesday, January 22, 2014 beginning at 6:30 p.m., will take under consideration this request.

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KOGER CE NTER BLVD

14SN0535 AMEND ZONING

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OLD BUCKINGHAM RD

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Aerial photos taken in 2009

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Area within 200' of Intersection(Proffered Condition)

Proposed Restaurant

Exhibit A November 25, 2013

14SN0535-1

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14SN0535-2