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12SN0118CASE MANAGER: Jane Peterson October 26, 2011 BS ADDENDUM 12SN0118 Ellmer Properties Chesterfield II LLC Bermuda Magisterial District East line of Interstate 95, south of Ruffin Mill Road REQUEST: Conditional use planned development approval to permit exceptions to Ordinance requirements relative to signage in a General Business (C-5) District. PROPOSED LAND USE: A second freestanding identification sign for permitted commercial uses is planned. A conditional use planned development is requested to allow this second sign and to permit it to be taller than allowed by current Ordinance standards. This addendum is provided to advise the Board of the Planning Commission's recommendation for this case. Staff continues to recommend denial as outlined in the "Request Analysis." PLANNING COMMISSION RECOMMENDATION ON OCTOBER 18, 2011 THE PLANNING COMMISSION RECOMMENDED APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON PAGE 2 OF THE "REQUEST ANALYSIS." CASE HISTORY Planning Commission Meeting (10/18/11): The applicant did not accept the staff recommendation. There was no opposition present. Mr. Hassen noted the proposal was consistent with other area signage and was not a visual distraction along the I-95 corridor. Providing a FIRST CHOICE community through excellence in public service On motion of Mr. Hansen, seconded by Dr. Brown, the Commission recommended approval and acceptance of the proffered condition on page 2 of the "Request Analysis." AYES: Messrs. Bass, Brown, Gulley, Hansen and Waller. The Board of Supervisors on Wednesday, October 26, 2011 beginning at 6:30 p.m., will take under consideration this request. 2 12SN0118-OCT26-BOS-ADD CASE MANAGER: Jane Peterson ,+f~ ~ `. :'f' ~ ,. , . ~~~*-.r BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION v~ •~rra 7L(11 1 (''l~('' October 26, 2011 B S 12SN0118 Ellmer Properties Chesterfield II LLC Bermuda Magisterial District East line of Interstate 95, south of Ruffin Mill Road RE VEST: Conditional use planned development approval to permit exceptions to Ordinance requirements relative to signage in a General Business (C-5) District. PROPOSED LAND USE: A second freestanding identification sign for permitted commercial uses is planned. A conditional use planned development is requested to allow this second sign and to permit it to be taller than allowed by current Ordinance standards. PLANNING COMMISSION RECOMMENDATION THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR MEETING ON TUESDAY, OCTOBER 18, 201 1. STAFF wILL ADVISE THE BOARD OF THE COMMISSION' S ACTION AFTER THEIR MEETING. RECOMMENDATION Recommend denial for the following reasons: A. The current sign standards of the Ordinance provide adequate identification for uses on the property. B. Approval of this request could encourage other businesses to seek similar exceptions, leading to proliferation of oversized signs. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITION The Owners and the Developer (the "Owners") in this zoning case, pursuant to Section 15.2 2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax Identification Number 804-637-7907 (the "Property") under consideration will be developed according to the following conditions if, and only if, the rezoning request for Conditional Use Planned development ("CUPD") is granted. In the event the request is denied or approved with conditions not agreed to by the Owners, the proffers shall immediately be null and void and of no further force or effect. The Textual Statement dated September 28, 2011 shall be considered the Master Plan. (P) GENERAL INFORMATION T ,~cati nn The request property is located on the east line of Interstate 95, south of Ruffin Mill Road. Tax ID 804-637-7907. Existing Zoning: C-5 Size: 9.3 acres Existing Land Use: C-5 Adjacent Zoning and Land Use: North - C-5; Commercial South and East - C-5 and I-2; Commercial, industrial or vacant West - I-2; Industrial UTILITIES; ENVIRONMENTAL; FIRE AND COUNTY DEPARTMENT OF TRANSPORTATION This request will have no impact these facilities. 2 12SN0118-OCT26-BOS-RPT Virginia Department of Transportation (VDOT): As long as the signage is static, as represented in attachment, and well outside of the I-95 right-of way, VDOT has no further comment. T,ANn T1~F, Current Comprehensive Plan: The subject property is located within the boundaries of the Consolidated Eastern Area Plan which suggests the property is appropriate for general commercial use. Draft Comprehensive Plan: The Revised Draft Comprehensive Plan (as of September 2011) designates the subject property "Manufacturing Center." This proposed land use designation encourages single use or integrated mix of moderate and/or heavy industrial, corporate office, public and open space uses. It should be noted that the revised draft plan is pending review by the Planning Commission, has not been approved, and does not provide land use guidance for the subject property at this time. As of the date of this report, the Commission has not forwarded a recommendation regarding the revised draft plan to the Board of Supervisors. Additionally, the Board has not reviewed the revised draft plan, nor has the Board taken any action on the revised draft plan to date. The recommendations of the revised draft plan are provided for reference purposes only. Area Development Trends: Area properties around the walthall Interchange are zoned predominately General Business (C-5), Light Industrial (I-1) and General Industrial (I-2) and are developed for commercial or industrial uses or are currently vacant. Zonin Hg istory: On September 21, 2005 the Board of Supervisors, upon a favorable recommendation of the Planning Commission, approved a conditional use planned development to allow a second freestanding sign being larger and taller (100 square feet in area and thirty (3 0) feet in height) than allowed by Ordinance (Case 05SN0323). This property, which is currently occupied by a motor vehicle dealership (Honda), is located north of and adjacent to the subject property. (Reference attached map) On June 28, 2006 the Board of Supervisors, upon a favorable recommendation of the Planning Commission, approved a conditional use planned development to permit a larger and taller freestanding sign (163 square feet in area and forty-eight (48) feet in height) (Case 06SN0276). This motor vehicle dealership (Toyota) occupies a portion of the subj ect property. (Reference attached map) 3 12SN0118-OCT26-BOS-RPT On October 24, 2007 the Board of Supervisors, upon a favorable recommendation of the Planning Commission, approved a conditional use planned development to allow a larger and taller freestanding sign (144 square feet in area and thirty (30) feet in height) than allowed by Ordinance (Case 08SN0121). This property, which is currently occupied by a motor vehicle dealership (Hyundai), is located north of the subject property. (Reference attached map) On October 27, 2010 the Board of Supervisors, upon a favorable recommendation of the Planning Commission, approved a conditional use planned development to allow a larger and taller freestanding sign (113 square feet in area and fifty (50) feet in height). This property, which is currently occupied by a motor vehicle dealership (Nissan), is located south of and adj acent to the subj ect property. (Reference attached map) Proj ect Identification Simon: Currently, the Ordinance permits one (1) freestanding sign identifying a vehicle sales business, fifty (50) square feet in area and twenty (20) feet in height. The sign area may be increased up to twenty-five (25) percent provided such increase is for the purpose of including changeable copy. As previously noted in the "Zoning History" section of this report, the property is currently occupied by a motor vehicle dealership (Toyota) which, in 2006 received conditional use planned development approval to install a freestanding sign larger and taller than Ordinance limitations (163 square feet in area and forty-eight (48) feet in height) (Case 06SN0276). A second motor vehicle dealership (Volkswagen) is now planned for this property. The applicant proposes a second freestanding sign along I-95 to identify this new dealership. This sign is proposed to be thirty-two (32) square feet in area and thirty (30) feet in height. (Textual Statement) CONCLUSION The current sign standards of the Ordinance provide adequate identification for uses on the property. Further, approval of this request could encourage other businesses to seek similar exceptions thereby resulting in sign proliferation, as evidenced within the "Zoning History" section of this report. Given these considerations, denial of this request is recommended. CASE HISTORY Staff (9/27/11): If the Planning Commission acts on this request on October 18, 2011, the case will be considered by the Board of Supervisors on October 26, 2011. 4 12SN0118-OCT26-BOS-RPT The Board of Supervisors, on Wednesday, October 26, 2011, beginning at 6:30 p.m., will take under consideration this request. 12SN0118-OCT26-BOS-RPT TEXTUAL STATEMENT Ellmer Properties Chesterfield II LLC Priority Volkswagen August 5, 2011 Revised September 28, 2011 Conditional Use Planned Development ("CUPD"} to permit a zoning ordinance exception, as described below, for a C-5 General Business District zoned property known as Chesterfield County Tax Identification Number 804-637-7907. EXCEPTION: A second freestanding sign identifying a motor vehicle sales business shall be permitted along I-95. Such sign shall not exceed thirty-two (32) square feet in area and thirty (30) feet in height. 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