00SN0122.pdfDecember 15, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0122
(AMENDED)
Richmond Honda
Midlothian Magisterial District
7400 and 7450 Midlothian Turnpike
REQUEST: (Amended) Amendment to Conditional Use Planned Development (Case 86S076) to
permit a computer-controlled, variable message, electronic sign.
PROPOSED LAND USE:
An automobile dealership is located on the site. A computer-controlled, variable message,
electronic sign is planned to be incorporated into a freestanding sign.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2.
AYES: MESSRS. MILLER, CUNNINGHAM, MARSH AND SHEWMAKE.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval subject to the recommended condition. This recommendation is made for the
following reason:
The Planning Commission is working on an amended policy for electronic message signs. With the
recommended condition, the sign is close to conforming with the preliminary policy the Commission
is consider'rog.
(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.)
CONDITION
(STAFF/CPC)
A freestanding sign not to exceed an aggregate area of 105 square feet and a
height of thirty (30) feet shall be permitted. Ifa computer-controlled, variable
message, electronic sign is incorporated, such sign shall have a maximum area of
fifty-nine (59) square feet. Any computer-controlled, variable message, electronic
sign shall abut the freestanding business sign face or be incorporated into the
business sign face. Any computer-controlled, variable message, electronic sign
shall be subject to the following restrictions:
There shall be no more than two (2) lines of copy. Copy shall not move,
but may fade. Flashing and traveling messages, bijou lighting effects and
animation lighting effects shall be prohibited.
b. Color for message displays shall be limited to white or yellow.
The message or display shall be programmed or sequenced to change no
more than once every five (5) seconds. (P)
(Note: This condition supersedes Condition 1 of Case 86S076 for the 180 square foot
business sign only. Condition 1 remains in effect for the 209 square foot business sign
permitted by Case 86S076. All other conditions of approval for Case 86S076 remain
in effect.)
GENERAL INFORMATION
Location:
Northeast quadrant of Midlothian Turnpike and Boulders Parkway and better known as 7400 and
7450 Midlothian Turnpike. Tax ID 763-707-2640 and 5023 (Sheet 7).
2 00SN0122/WP/DEC 15L
Existing Zoning:
C-3 and C-5 with Conditional Use Planned Development
Size:
6.8 acres
Existing Land Use:
Commercial
Adjacent Zoning & Land Use:
North - R-7 with Conditional Use Planned Development; Vacant
South - C-5; Commercial
East - C-3 and A; Public utilities (Virginia Power sub station)
West - C-5; Commercial
UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES
This amendment will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Midlothian Plan which suggests the property is
appropriate for regional mixed use. This would include a mixture of office, shopping centers, and
other commercial uses.
Area Development Trends:
Commercial uses in this area are anticipated to continue in conformance with the Eastern
Midlothian Plan.
Zoning History:
On October 23, 1985, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved the rezoning with a Conditional Use Planned Development on the
subject property (Case 85S111). Conditions of zoning of Case 85S111 allowed two (2)
3 00SN0122/WP/DEC 15L
freestanding signs, one (1) sign not to exceed an aggregate area of 180 square feet and one (1) not
to exceed an aggregate area of 204 square feet. Signs were not to exceed a height of thirty (30)
feet.
On May 28, 1986, the Board of Supervisors, upon a favorable recommendation from the Planning
Commission, approved an amendment to Case 85S 111 to permit modification of freestanding sign
size and lighting requirements (Case 86S076). The amendment allowed the previously permitted
204 square foot sign to be increased to 209 square feet.
Subsequently, a sign which accommodated message changes was installed on the supports of the
180 square foot sign. The installation of that sign preceded the Zoning Ordinance amendments
regarding electronic message signs. At the time the changeable copy sign was installed, the
Ordinance prohibited flashing signs. Staff made an interpretation as to what constituted a flashing
sign. That decision was appealed to the Board of Zoning Appeals.
On October 5, 1994 the Board of Zoning Appeals denied an appeal of the Planning Directors'
decision relative to a flashing sign on the subject property (Case 95AN0135), and requested that
staff amend the sign permit to allow the sign to change at intervals of less than fifteen (15) minutes.
Staff determined that the messages on the sign could change no more than once every minute,
thereby establishing the time limitation within which the sign could change and not become a flashing
or electronic message sign which requires a Conditional Use. Therefore, the existing changeable
copy sign located on the property cannot change more than once every minute without a
Conditional Use to allow an electronic message sign.
Current Proposal:
The applicant plans to place a new business sign face on the existing sign structure and in doing so,
make modifications to the existing 180 square foot sign. As a part of the modifications, the
applicant is requesting permission to allow the sign to change more often than once every minute,
thereby constkuting an electronic message sign. Currently, this sign is changing messages
approximately once every five (5) seconds or twelve (12) times every one (1) minute. This sign
is in violation of the previous agreement on message change limitations. The area of the electronic
message sign is approximately 58.46 square feet. The proposed business sign is 105 square feet.
These two (2) sign faces would br'mg the total aggregate area of this particular sign to 163.46
square feet versus the currently permkted 180 square foot sign. The applicant wishes to be
allowed to keep the changeable copy sign that is currently located on the property and to be
allowed to change the messages more often than once every minute while at the same time, reduce
the aggregate square footage of the overall sign.
It should be noted, currently there are two (2) policies adopted by the Planning Commission and
Board of Supervisors, relative to the design and location of computer-controlled, variable message,
electronic signs. At the request of the Board of Supervisors', the Commission has been requested
4 00SN0122/WP/DEC 15L
to evaluate both policies and to make a recommendation as to a unified policy on electronic
message centers. On November 16, 1999, the Commission began evaluating the policies and
arrived at a preliminary recommendation. Further, consideration is to be given to this preliminary
policy at the December 13, 1999, meeting.
CONCLUSIONS
The Planning Commission is working on amending the current policy for computer-controlled, variable
message, electronic signs. The proposed sign, with the recommended condition is close to conforming with
the preliminary policy the Commission is considering.
Given this consideration, approval of this request is recommended subject to the recommended condition.
CASE HISTORY
Planning Commission Meeting (11/16/99):
The applicant accepted the recommendation. There was no opposition present.
Mr. Shewmake indicated that the applicant's business is an important part of the Eastern
Midlothian Turnpike Corridor; the existing permitted business sign area was being reduced and that
such requests would be looked at on an individual basis. He indicated the condition would br'mg
the sign closer to compliance with the preliminary recommendation for a unified policy for
computer-controlled, variable message, electronic signs.
The Commission acknowledged withdrawal of that portion of the request to amend the freestanding
sign height and area.
On motion of Mr. Shewmake, seconded by Mr. Cunningham, the Commission recommended
approval of this request subject to the condition on page 2.
AYES: Messrs. Miller, Cunningham, Marsh and Shewmake.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, December 15, 1999, beginning at 7:00 p.m., will take under
consideration this request.
5 00SN0122/WP/DEC 15L
R-7'
A
R-7
Case #: 00SN0122 (AMENDED)
AMEND C.U.P.D.
Sheet #: 7
EXISTING AREA OF SIGN
TO BE REPLACE
EXISTING SIGN
PROPOSED SIGN
00SN0122 (Amended)
In Midlothian Magisterial District, RICH~{OND HONDA requested
amendment to Conditional Use Planned Development (Case
86S076) and amendment of zoning district map to permit a
computer controlled, variable message, electronic sign. The
density of such amendment will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for regional mixed use.
This request lies in Community Business (C 3) and General
Business (C 5) Districts on 6.8 acres and is known as 7400
and 7450 Midlothian Turnpike. Tax ID 763 707 2640 and 5023
(Sheet 7).
Mr. Jacobson presented a summary of Case 00SN0122 and stated
that the Planning Commission and staff recommend approval
12/15/99
99 972
subject to one condition.
Mr. Max Pearson, representing the applicant, stated that the
recommendation is acceptable.
There was no opposition present.
On motion of Mr. Barber, seconded by Mrs. Humphrey, the
Board approved Case 00SN0122 subject to the following
condition:
A freestanding sign not to exceed an aggregate area of 105
square feet and a height of thirty (30) feet shall be
permitted. If a computer controlled, variable message,
electronic sign is incorporated, such sign shall have a
maximum area of fifty nine (59) square feet. Any computer
controlled, variable message, electronic sign shall abut the
freestanding business sign face or be incorporated into the
business sign face. Any computer controlled, variable
message, electronic sign shall be subject to the following
restrictions:
a. There shall be no more than two (2) lines of copy.
Copy shall not move, but may fade. Flashing and
traveling messages, bijou lighting effects and
animation lighting effects shall be prohibited.
b. Color for message displays shall be limited to
white or yellow.
c. The message or display shall be programmed or
sequenced to change no more than once every five
(5) seconds. (P)
(Note: This condition supersedes Condition 1 of Case 86S076
for the 180 square foot business sign only. Condition 1
remains in effect for the 209 square foot business sign
permitted by Case
86S076. Ail other conditions of approval
remain in effect.)
Ayes: Daniel, Barber, Humphrey, and McHale.
Nays: None.
Absent: Warren.
for Case 86S076
12/15/99
99 973