01SN0164-Feb28L.pdf STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0164
JGWM Realty L.C.
Midlothian Magisterial District
10920 Midlothian Turnpike
REOUEST: A Conditional Use Planned Development to permit a second freestanding sign for
an automobile dealership.
PROPOSED LAND USE:
A second freestanding sign for the purpose of identifying a second automobile
franchise is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE
PROFFERED CONDITION ON PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The current sign standards of the Zoning Ordinance provide adequate identification
for uses on the property.
B. Approval of this request could encourage other businesses to seek similar
exceptions.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(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
(CPC)
The sign shall be a monument style and shall not exceed a height of nine (9) feet
and an area of fifty (50) square feet. Illumination and design of the sign shall
comply with Sections t9-635 (e) and 19-641 (a) of the Zoning Ordinance. The sign
shall be located as generally depicted on the plan submitted with the application.
(P)
PROFFERED CONDITION
(CPC)
There shall be no freestanding business identification sign permitted along Koger
Center Boulevard. (P)
GENERAL INFORMATION
Location:
Fronts the north line of Midlothian Turnpike, the west line of Koger Center Boulevard and
is located at the northwest quadrant of this intersection. Tax ID 744-709-1952 (Sheet 6).
Existing Zoning:
C-5
Size:
5.7 acres
Existing Land Use:
Commercial (Motor vehicle sales/service)
2 01SN0164/WP/FEB29L
Acljacent Zoning and Land Use:
North - C-3 with Conditional Use Planned Development; Commercial
South - C-5 and I-1 with Conditional Use Planned Development; Commercial or vacant
East - 0-2 with Conditional Use Planned Development; Office and conm~ercial
West - C-3 with Conditional Use Planned Development; Commercial
UTILITIES
Although the requested amendment will not have an impact on these facilities, the proposed sign
must not conflict with an existing eight (8) inch water line located along the north side of
Midlothian Turnpike and terminating at the south eastern portion of this site.
ENVIRONMENTAL AND PUBLIC FACILITIES
The requested amendment will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Huguenot/Robious/Midlothian Area Plan which suggests
the property is appropriate for a mixture of integrated office and light industrial parks,
regional shopping centers and higher density residential uses.
Area Development Trends:
Adjacent properties to the north, south and west have been developed for commercial uses
or remain vacant. Property to the east is developed for office and hotel uses.
Zoning History_:
On November 27, 1991, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning from Office Business (O) and Community
Business 03-2) to General Business (C-5) (Case 91SN0291). Subsequently, an automobile
dealership was developed.
Sign Design:
Currently, two (2) freestanding signs are located on the property. One sign, located at the
northwest quadrant of Midlothian Turnpike and Koger Center Boulevard, is an off-site sign
that identifies a hotel use located on Koger Center Boulevard. The second sign, located
3 01SN0164/WP/FEB29L
along Midlothian Turnpike towards the western property line, identifies the existing
automobile dealerstzip operating on the subject property.
The applicant has obtained a second franchise. The applicant has submitted a plan which
proposes a second freestanding sign to be located approximately midway along the
property's Midlothian Turnpike frontage (See attached). The plan submitted with the
applicant proposes a double faced, monument style sign of forty-nine (49) square feet in
area, eight (8) feet in height (see attached). The condition recommended by the Planning
Commission would allow a sign not to exceed a height of nine (9) feet and fifty (50) square
feet in area (Condition). This conforms with the current Ordinance requirements relative
to size and height of freestanding signs for a permitted freestanding business sign.
Currently, the Zoning Ordinance permits one (1) freestanding sign along each major
arterial, a maximum of fifty (50) square feet in area and twenty (20) feet in height, for
vehicle sales identification. The proposed Zoning Ordinance amendments affecting signage
would further restrict the location of these freestanding signs such that both signs cannot
be legible at the same time from one direction and that each sign must be located
perpendicular to its respective roadway. The background of the sign must be opaque. The
base of the sign must be constructed of a same or similar material to that of the building.
Both Midlothian Turnpike and Koger Center Boulevard are identified as major arterials on
the County's Thoroughfare Plan. Therefore, based on current Ordinance, a sign could be
located along each of the arterials. Given that the existing freestanding sign is located on
Midlothian Turnpike, a second freestanding sign could be located along Koger Center
Boulevard in compliance with the Ordinance. However, the applicant has elected to pursue
a second freestanding sign on Midlothian Turnpike and has agreed that there will be no
freestanding sign along Koger Center Boulevard. (Proffered Condition)
CONCLUSIONS
The purpose and intent of the Zoning Ordinance sign requirements, in part, is to protect and
enhance the character of roadways and surrounding areas and to prevent excessive signage, to
protect property values and to minimize visual distractions.
The current sign standards provide adequate identification copy for uses on the property.
Specifically, the proposed sign could be located along Koger Center Boulevard in compliance with
Ordinance requirements or the applicant could modify the existing Midlothian Turnpike signage
to identify all of the motor vehicle franchises located on the site. Approval of this request could
encourage other businesses to seek a similar exception. While staff acknowledges that other
dealerships have been granted exceptions in the past to allow more than one (1) sign to identify
various franchises, continued approval of such deviations from the Sign Ordinance will result in
failure to bring signs into conformance with today's standards.
4 01SN0164/WP/FEB29L
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (1/16/01):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation.
There was one person present who, although not opposed to the request, expressed
concerns relative to adherence to the Sign Ordinance requirements and the precedent for
approval of sLmilar exceptions should this request be granted.
Mr. Gecker indicated that this was a difficult case because of the time spent on the Sign
Ordinance; however, he was appreciative of businesses making a commitment to stay in
the area. He further suggested that denial of the additional sign would not change the
outlook along Midlothian Turnpike. He also recognized that the applicant was willing to
give up a permitted sign along Koger Center Boulevard.
Mr. Marsh suggested this was a unique situation; that the applicant was giving up a second
sign along Koger Center Boulevard; that there would still be the same number of signs on
the property; and that this request would not open the door for other requests in the area.
Mr. Gulley noted the diligent work that had been done on the Sign Ordinance, but
indicated that as with any Ordinance, there are exceptions for unique situations. He further
indicated that this case would not set a precedent for similar requests in this area.
Mr. Cunningham indicated that he is looking at the uniqueness of this situation and further
noted that mature trees on the property add to the uniqueness and that he would not want
the trees along Koger Center Boulevard removed also. He also noted the applicant would
not be placing a sign along Koger Center Boulevard.
On motion of Mr. Gecker, seconded by Mr. Gulley, the Commission recommended
approval of this request subject to the condition and acceptance of the proffered condition
on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 28, 2001, beginning at 7:00 p.m., will take
under consideration this request.
5 01SN0164/WP/FEB29L
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