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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08SN0286
Victory Lady
Midlothian Magisterial District
North line of Midlothian Turnpike
October 22, 2008 BS
RE VEST: Conditional Use topermit acomputer-controlled variable message electronic sign.
PROPOSED LAND USE:
A computer-controlled variable message electronic sign, incorporated into a
freestanding identification sign for a fitness center is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITION ON PAGE 2.
AYES: MESSRS. BASS, BROWN, HASSEN AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed sign does not conform to the adopted Electronic Message Center
Policy relative to display color and height. Specifically, the Policy suggests that
the display color be limited to yellow and white. The applicant is proposing a red
display color. Further, the Policy suggests that electronic message boards should
only be incorporated into non-conforming signs when such signs are brought
closer into conformance with Ordinance requirements relative to area and height.
The applicant is proposing to maintain the current sign height at twenty-one (21)
feet.
Providing a FIRST CHOICE community through excellence in public service
B. The requested exception to the Policy could set a precedent for similar requests.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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.)
rnNnTTTnN
(CPC) The total area of the freestanding sign shall not exceed 75.9 square feet. The sign
height shall not exceed twenty-one (21) feet. (P)
PROFFERED CONDITION
(CPC) In addition to Ordinance requirements, any computer-controlled, variable message,
electronic sign shall conform to the following standards:
a. Copy shall be limited to a maximum of two (2) lines which shall not move
nor fade;
b. The message or display shall be programmed or sequenced to change no
more than once every ten (10) seconds;
c. The copy display color shall be red;
d. Flashing and traveling messages shall be prohibited;
e. Bij ou lighting and animations effects shall be prohibited; and
f. Such sign shall be located on Midlothian Turnpike. (P)
GENERAL INFORMATION
Location:
North line of Midlothian Turnpike, west of Robious Road. Tax ID 749-709-1045.
Existing Zoning:
C-3
Size:
1.9 acres
Existing Land Use:
Commercial
2 08SN0286-OCT22-BOS-RPT
Adjacent Zoning and Land Use:
North - 0-2 and R-7; Office, commercial and single family residential
South - C-5; Office
East and West - C-3; Commercial
UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES
This use will have no impact on these facilities.
T,ANT~ TIFF.
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan which suggests the property is
appropriate for general commercial use.
Area Development Trends:
The area is characterized by commercial and office uses along the north and south lines of
the Midlothian Turnpike Corridor, with single family residential, office and commercial
uses along Robious Road.
Sins:
Currently, the Ordinance permits two (2) freestanding signs, one along Midlothian Turnpike
and one along Robious Road, identifying the project in which the subject fitness center is
located (two additional properties located west of the subject property are also encompassed
with the proj ect limits). The existing freestanding sign along Midlothian Turnpike currently
measures 89.3 square feet in area and twenty-one (21) feet in height. This sign suffered
storm damage. As such, the Ordinance would permit replacement of this sign to its previous
size and height prior to sustaining damage.
The applicant plans to incorporate an electronic message board into the replacement of this
existing freestanding sign. The adopted electronic message center policy indicates that
electronic message boards should not be incorporated into non-conforming signs unless
such signs are brought closer into conformance with Ordinance requirements relative to area
and height. New freestanding signs are currently limited to a height of fifteen (15) feet and
an area of 62.5 square feet with the incorporation of changeable copy. As such, the area and
height of the existing sign should be averaged with that of current standards for new signs,
bringing the proposed sign closer into conformance with the Ordinance. This would yield a
maximum sign area of 75.9 square feet and a maximum sign height of eighteen (18) feet.
The applicant has agreed to reduce the sign area, but proposes to maintain the sign height at
twenty-one (21) feet, contrary to the Policy. (Condition)
3 08SN0286-OCT22-BOS-RPT
The proposal would comply with the Policy relative to lines of copy, timing of message
changes and lack of flashing and traveling messages, bijou lighting and animation. Further,
at the request of the Midlothian District Commissioner, proffers would prohibit the copy
from moving or fading with message changes, whereas the Policy would permit the latter.
Proffered conditions also require that the sign be located along Midlothian Turnpike and not
Robious Road, consistent with the Policy relative to such signs not being visible from
residentially or agriculturally zoned properties. (Proffered Condition)
The proposal would not comply with the Policy relative to the use of red copy. The Policy
suggests copy colors of yellow or white. (Proffered Condition c)
CONCLUSION
The proposed computer-controlled variable message electronic sign does not conform to the
adopted Electronic Message Center Policy relative to the proposed red display color. Approval of
this requested exception to the Policy could set a precedent for similar requests along the Corridor.
It should be noted that the Commission and Staff are currently evaluating the Electronic Message
Center Policy and related ordinances. The applicant may wish to seek a deferral pending any
revisions to the Policy and Ordinance. Future amendments could affect whether or not this proposal
is appropriate.
Otherwise, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/16/08):
The applicant accepted the Commission's recommendation but did not accept Staff s
recommendation. There was no opposition present.
Mr. Waller indicated support for the proposed red copy but expressed concerns relative to
maintaining the existing sign height given the goal of bringing signs closer into
conformance with current Ordinance requirements.
Messrs. Bass and Brown indicated support for maintaining the existing height noting the
signs location within an older commercial corridor and the improved flexibility and
appearance of the electronic panel over a standard replacement panel.
On motion of Mr. Waller, seconded by Dr. Brown, the Commission recommended
approval subj ect to the Condition and acceptance of the Proffered Condition on page 2.
4 08SN0286-OCT22-BOS-RPT
AYES: Messrs. Bass, Brown, Hassen and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, October 22, 2008, beginning at 6:30 p.m., will take
under consideration this request.
5 08SN0286-OCT22-BOS-RPT
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