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Home My WebLink AboutVA200800003 Review Comments 2008-05-06STAFF PERSON: Amelia McCulley PUBLIC HEARING: May 6, 2008 STAFF REPORT VA -2008-003 OWNER / APPLICANT: Pantops Park LLC (owner)/ Virginia National Bank (applicant) TAX MAP / PARCEL: 78/16 ZONING: NMD, Neighborhood Model District and EC, Entrance Corridor ACREAGE: 4.87 Acres LOCATION: 1241 Richmond Road on the south side of Route 250 East, just east of Riverbend Drive. TECHNICAL REQUEST AND EXPLANATION: The applicant requests relief from Section 4.15.12 of the Sign Regulations for the Neighborhood Model District. The applicant proposes three (3) different wall signs at heights of 54, 57 and 58 feet instead of 30 feet; this results in variances of 24, 27 and 28 feet. The owner wishes to install three (Virginia National Bank) company logos on three buildings (one logo per building) at approximately 57 feet above the main (entry) level. The applicant states in their justification: We are not claiming a hardship in the typical sense. That is, the building is visible and other signage opportunities allowed by ordinance are available. Rather we have two primary observations that suggest this variance is appropriate. First we seek to establish an understanding that would apply to all Neighborhood Model projects in this particular entry corridor. Secondly we feel these logos may be viewed differently than conventional signage. Neighborhood Model: The County vision for this area follows the Neighborhood Model ideal. We had the property rezoned in order to comply with that future vision. This notion promotes the placement of buildings near the road with parking concealed to the side or rear yards. Four to five story buildings are depicted in the County renderings used to explain the vision. When this future is realized many taller buildings will be in close proximity and lower level signage may not be adequate as views will be limited. A time will come when the placement of wall signs at higher elevations will have to be VA -2008-003 2 May 6, 2008 considered. Limiting size and type for higher signage is best done in advance of future applications. Logos vs. Signs: The three logos signs in question (shown on the attached elevation drawings) differ from standard signs as they contain no words. These simple logos are more decorative elements rather than signage. Perhaps this precedent is good for the County. Establishing it now will allow for strict enforcement of a "no -word," "no lighting" policy for such signs in the future. The character of the area is not diminished by these logos. Making them of bronze anodized aluminum is consistent with the architecture of the building and they suggest a dignified, restrained manner of handling of such items. RELEVANT HISTORY: On January 11, 2006, the Board approved ZMA 2005-008 Pantops Park and SP 2005-015 Virginia National Bank at Pantops. This rezoned the property from Highway Commercial to Neighborhood Model District and approved a special use permit for the bank drive-through use. Approval of these signs is subject to the issuance of a certificate of appropriateness from the Architectural Review Board. The ARB has not approved the logos on these signs to -date. PROPERTY DESCRIPTION AND QUALIFYING CONDITIONS: By the applicant's own justification, the qualifying condition for the granting of this variance is the more appropriate implementation of the neighborhood model zoning district. The County has encouraged development within the designated Development Areas of the Comprehensive Plan to be consistent with the neighborhood model of development. Towards that end, the Neighborhood Model district was adopted into the Zoning Ordinance in recent years. The applicant rezoned this property to this recommended zoning district. The State Code and Zoning Ordinance clearly state that a common or recurring variance should be resolved legislatively (see below). The remedy for this situation is either a) an amendment to the zoning ordinance or b) a request to waive the sign regulations through the rezoning process for the neighborhood model district. No variance shall be authorized unless the board of zoning appeals finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. VA -2008-003 3 May 6, 2008 The State Code has provided for variances from the zoning regulations for properties which have a hardship resulting from particular constraints. The Land Use Handbook states: A variance is a reasonable deviation from those provisions of the Zoning Ordinance regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure. One of the powers and duties of the Board of Zoning Appeals (granted in Section 34.2 of the zoning ordinance) allows that a variance may be authorized as follows: "... in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, when owing to special conditions a literal enforcement of the provision will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where, by reason of.. exceptional topographic conditions. or other extraordinary situation ... the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the use of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this ordinance. " While the applicant may potentially have a valid argument, his remedy is legislative and not through approval of a variance. This proposal does not meet the three criteria for variance approval. APPLICANT'S JUSTIFICATION AND STAFF COMMENT: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship Staff comments are written in italics and follow the applicant's comments. The applicant notes that the variance is necessary to better achieve the ideals of the neighborhood model. While staff supports the neighborhood model form of development, we are unable to make positive findings of undue hardship under the State Code criteria in this particular case. 1. The applicant has not provided evidence that the strict application of the ordinance would produce undue hardship. VA -2008-003 4 May 6, 2008 Uniqueness of Hardship Because staff is unable to find an undue hardship, we can not find a uniqueness of hardship. The uniqueness would seem to apply to all properties zoned neighborhood model district in the present and future. 2. The applicant has not provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. act on Character of the Area Because this is a designated Entrance Corridor, input from the ARB regarding this criterion would be relevant. At this time, the ARB has not yet granted approval to these proposed logo signs. Therefore, we are unable to making positive findings under this criterion. 3. The applicant has not provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. STAFF RECOMMENDATION: Since none of the three criteria for approval have been met, staff must recommend denial of this variance request. Should the Board find cause to approve it, staff recommends the following condition: 1. These signs are subject to ARB approval. 411111 ■U al P s .k..4i- , ..,„;:. SI "ii, 'AV r.>< ..,V'.• f 4.4 1 r' • ► yR• 4 •, r� C. 1 mi. 1 nr 1 C \P''' ' ' i'CI\. Etz9i E It Y t I-i 6-7, 0 _ . _ 11 : ITi ! t_e . I I .., .________ 2 is ,n ii ii id ill$ 1MN . r IN 'uri ., i LI. Ni it ! ; r le a i I 1 n an inn N�� ■■ F-S1 t T50 n ,�� 1111 1111 ■ ilintill 1 It 1 1 BA/A �� i i ... . ., a k i ri iretaraikill .- :la 1 ir t ter. , NM._ ii j rj. i , i 1 mil*.. . kNif fir ir ' III � . . t _ .. 4, ---•""rrr. . . '''''- -in 60,...., _ —: -,:-' '; .........- ___Lt:_.--,--...—... j g - w i i i 4' t 1 ti rt. --ii wir Tx r ... a 1 . ii • , it a , ,./4 t g g It ig Is - 7 — "" V I I .4 11 ' .•''.. I tit* _ • 111 is ••`11 -11- ill --_ .. 1 f Tai IIJ ,.. . WI.... _ ......„1,1 .--.- 3 11 ... . .. I 11 1A.1.1*.>11 II 11)01 _ 15— 400, I/Is i :::)! 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V S MI ME OP CAST STONE TO MATCH DARK BRONZE CUT BANK BUILDINGir 'i OUT SIGN AND 4' STAND-OFF MOUNT '� DATE CONSTRUCTION I I II II \ , THIS SIGN- 11.9 SQUAEg FgBT, EA SBAAster' �'� }$1 VIRGINIA VIRGINIA NATIONAL NATIONAL — BANK SiM. TO NORTH OEM BRICK TO MATCH BRICK COLOR BUILDING,K NO IRN Mil NOM NNW- ——— FREE STANDING SIGN, __ _—.N MIN ELEVATION •r(IL C�0 SMN* ill allIN� 51 4 III�_ DOUBLE SIDED. ILLUMINATED NUM ti MINI _--�— VIA GROUND MOUNTED SPOT — SIMEINIIII� • DATE PRE-CONSTRUCTION LIGHT- BOTH SIDESIIN }I mresooN rKY0 IMMOmin[RONKNI S-JkCOMM ROW prro®Nil A I SITE SIGN 'B' NORTH ELEVATION SITE SIGN 'B' SOUTH ELEVATIONur laMill CAST STONE TO MATCH DARK BRONZE CUT BANK BUILDING I x • t OUT SIGN AND 1 STAND-OFT MOUNT SHORT SECTION END ELEVATION TITLE LETTERS ^ 1111 �0®O0 SIC�tlag2 PAN a PS PARK PANTOPS PARK S . i• Details SM. TO NORTH r- !* +.1 Budding 200 Budding 300 THIS SIGN- 11.9 SQUARE F13Sr, F.A. SIDR Building 200 Building 300 ELEVATION IIIIMOniN Mal IINNam MN NMI IIIIN—E7♦�— +�. 3/4 1 0 Ni is 11J• Oa Ca La 110 ' .. NI NNW—MNMNIN FREE STANDING SIGN, glMN—Ili Inn NI BRICK TO MATCH DOUBLE SIDED, ILLUMINATED MtlEN�M BANK BUILDING, VIA GROUND MOUNTED 11 --M ( 1-1 �E�� —--- JOBe..w yr eaw. BRICK COLOR NO t ■ SPOT LIGHT- BOTH SIDES + — yNEaiRSBBIOINN a, .• •,,,,m r } SITE SIGN DETAILS PLAN AT CAST STONE SHEET NO SITE SIGN 'C' NORTH ELEVATION SITE SIGN 'C' SOUTH ELEVATION /2