08SN0224
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
08 SN0224
Heritage Signs Inc.
Midlothian Magisterial District
1231 Gateway Centre Parkway
~„~„ i ~ ~nnQ rnr
i•~vP2~13v~"cn-TZ, n2~1vv-acc~
Apri129, 2009 B S
REQUEST: Conditional Use Planned Development to permit acomputer-controlled variable
message electronic sign and to permit exception to Ordinance requirements relative
to sign height.
PROPOSED LAND USE:
An office use is currently located on the property. The requested sign would be
incorporated into an existing freestanding identification sign. However, with the
approval of this request, the electronic sign could be incorporated into a new
freestanding sign.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO CONDITIONS 1 AND 2 ON PAGE 2 NOTED AS
"CPC" AND THAT THE CONDITION AND PROFFERED CONDITION ON PAGES 2 AND 3
NOT BE ACCEPTED.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed computer-controlled, variable message, electronic sign does not
conform to the adopted Electronic Message Center Policy relative to spacing
between such signs, color of copy and movement of copy.
B. The requested exceptions to the Policy and to the height limitation for freestanding
signs could set a precedent for similar requests.
Providing a FIRST CHOICE community through excellence in public service
(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.)
CONDITIONS
(CPC) 1. Any freestanding sign incorporating a computer-controlled variable-
message electronic sign shall not exceed a height of fifteen (15) feet. (P)
(CPC) 2. Any computer-controlled variable-message electronic sign shall be subject
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 either be red, white or yellow;
d. Flashing and traveling messages shall be prohibited; and
e. Bijou lighting and animation effects shall be prohibited. (P)
CONDITION
The sign shall not exceed a height of eighteen (18) feet. (P)
PROFFERED CONDITION
Any computer-controlled variable-message electronic sign shall be subject to the
following standards:
a. Copy shall be limited to a maximum of two (2) lines;
b. The message or display shall be programmed or sequenced to change no
more than once every ten (10) seconds;
2 08SN0224-APR29-BOS-RPT
c. The copy display color shall either be red, white or yellow;
d. Flashing and traveling messages shall be prohibited; and
e. Bijou lighting and animation effects shall be prohibited. (P)
GENERAL INFORMATION
Location:
Northwest quadrant of Midlothian Turnpike and Gateway Centre Parkway and better known
as 1231 Gateway Centre Parkway. Tax ID 757-705-3156.
Existing Zonin
O-2
Size:
0.6 acres
Existing Land Use:
Office
Adjacent Zoning and Land Use:
North -Corporate Office (O-2) with Conditional Use Planned Development; Office
South and West -General Business (C-5); Commercial or vacant
East -Community Business (C-3) with Conditional Use Planned Development; Commercial
UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES
The proposed sign 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 light industrial use.
08SN0224-APR29-BOS-RPT
Area Development Trends:
The area is characterized by a mix of office and commercial uses along this portion of the
Midlothian Turnpike corridor. These uses are expected to continue, as suggested by the
Plan.
Zoning HistorX:
On July23, 1997, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved Corporate Office (O-2) zoning on the request property
(Case 97SN0221). An office use has developed as a result of that zoning approval.
Sign Design:
The applicant plans to incorporate acomputer-controlled, variable message electronic sign
into an existing freestanding sign. As previously noted, however, if this request is approved,
the sign could be incorporated into a new freestanding sign. The attached picture shows the
applicant's current proposal, however, conditions do not mandate the design shown. The
proposal would comply with the requirements of the Zoning Ordinance with respect to sign
area which currently permit a freestanding sign 62.5 square feet in area (including
changeable copy). However, the sign height would be increased to eighteen (18) feet
(Condition), exceeding the fifteen (15) foot height limitation for freestanding signs
permitted on this site. The attached chart gives a comparison of Ordinance and Policy
standards with what is requested by the applicant and what is recommended by the
Commission.
The computer-controlled, variable message electronic sign would comply with the adopted
electronic message center policy relative to lines of copy, timing of message changes, lack
of flashing and traveling messages, and bijou lighting and animation. The proposal would
not comply with the Policy relative to spacing between such signs, color of copy and the
prohibition on copy that moves, as discussed herein. (Proffered Condition)
Spacing:
The Policy requires spacing between electronic message centers be a minimum of 2,000
feet. An electronic message center is located on property approximately 850 feet east of the
request site. Because of the proximity of the existing sign, the request does not meet the
Policy.
Display Color:
Display colors for electronic message centers are limited to white or yellow, per the Policy.
The applicant wishes to have red as an additional color. Therefore, the request does not meet
the color of copy restrictions per the Policy.
4 08SN0224-APR29-BOS-RPT
Movement of Copv:
The Policy allows copy for electronic message centers to fade, but not move. The applicant
wishes to allow copy to move as well as fade. As such, the request does not meet the policy
relative to not allowing copy to move.
CONCLUSION
The proposed computer-controlled, variable message, electronic sign does not conform to the
adopted Electronic Message Center Policy relative to spacing between such signs, color of copy and
the prohibition on copy that moves. In addition, the requested exceptions to the Policy and to the
height limitation for freestanding signs could set a precedent for similar requests.
It should be noted that the Commission and Staff are currently evaluating the Electronic Message
Center Policy and ordinance requirements relative to changeable copy signs. It may be
appropriate for the applicant to consider deferring this request pending the adoption of a revised
policy and related ordinance. Any deviation from the current policy and ordinance at this time
would be premature.
Should the applicant desire to move forward with this proposal, at this time, Staff recommends
denial.
CASE HISTORY
Planning Commission Meeting (6/17/08):
On their own motion, the Commission deferred this case to August 19, 2008.
Staff (6/18/08):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than June 23, 2008 for consideration at the Commission's
August 19, 2008 public hearing.
Staff (7/23/08):
To date, no new information has been received.
08SN0224-APR29-BOS-RPT
Planning Commission Meeting (8/19/08):
The applicant did not accept the Commission's recommendation. There was no
opposition present.
Mr. Waller indicated that he was not in a position to support the application as requested,
but could support an electronic sign which would limit the height to that permitted by the
Ordinance and that the copy not move or fade with message changes.
On motion of Mr. Waller, seconded by Mr. Hassen, the Commission recommended
approval subject to Conditions 1 and 2 on page 2 noted with "CPC" and that the
condition and proffered condition on pages 2 and 3 not be accepted.
AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller.
Board of Supervisors Meeting (9/24/08):
On their own motion, the Board deferred this case to November 19, 2008.
Staff (9/26/08):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than September 29, 2008, for consideration at the Board's
November 19, 2008 public hearing.
Staff (10/23/08):
No new information has been received.
Board of Supervisors (11/19/08):
On their own motion, the Board deferred this case to Apri129, 2009.
Staff (11/20/08):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than February 4, 2009, for consideration at the Board's April
29, 2009 public hearing.
6 08SN0224-APR29-BOS-RPT
Staff (3/19/09):
On December 16, 2008, the Planning Commission appointed a committee to include
representatives from the business and residential communities to evaluate the Electronic
Message Center Policy and provide recommendations to the Commission. The
Committee has met bi-weekly since January 23, 2009. An update on the status of the
Committee's recommendations has been scheduled for the Commission's April 21, 2009
work session. It is anticipated that proposed modifications to the Policy will not be
available for the Commission's consideration until at least June 2009.
Staff (3/23/09):
To date no new information has been received.
The Board of Supervisors, on Wednesday, April 29, 2009, beginning at 6:30 p.m., will take
under consideration this request.
7 08SN0224-APR29-BOS-RPT
Ordinance or Policy Applicant's Request Commission
Recommendation
Sign Height 15 Feet 18 Feet 15 Feet
Spacing Between 2,000 Feet Exception -Similar sign Exception -Similar sign
Suns approx. 850 Feet away approx. 850 Feet away
Lines of Copv Limited to two (2) Limited to two (2) which Limited to two (2)
which shall not move may move or fade which shall not move or
but ma fade fade
Display Time No more than once No more than once every No more than once
every ten (10) seconds ten (10) seconds every ten (10) seconds
Copv Color White or Yellow Red, White or Yellow Red, White or Yellow
Message Effects Flashing and traveling Flashing and traveling Flashing and traveling
messages; and bijou messages; and bij ou messages; and bij ou
lighting and animation lighting and animation lighting and animation
rohibited rohibited rohibited
08SN0224-APR29-BOS-RPT
'' M
y
~ p
O J U
,'
-
O~ ~ m 6VF~ ~'
a'
~
~~~ ~ ~
p ~~ ~
~
~ ~ ~ ~ • U N
~ U ~ ~
,
~~
~ N
0 ~ ,
~ M 4213~N341n0
S ~
0 '~ UN PR~U\OE C `
~
O i ~ ~ _
M
O
V N N
K N U
~ p p
I O
N ~
'
~ v ~
*
°; 'c O
o
a~ + ~ ~ a o
oisa ~ N ,
~
-- ~ o
(7 _ w~
O~
~ ~
~
_- • J
~~5~ ~
~~ y y M AD RD ~
'' U
~~ ~
s Q AM ~
`
11y~ 1 0
o
m b'1~y . ~
~~ 1 ~
'~ M Ids ~ Q °o
Q ~~ o m
O ~
v ~ ~ '~
1~ ~ ~ H
~-
i~ M
I
y
o ~ ~,
~ 1
1 U o
~~
~ U 1
~ • _
~ ~
,
--~ 1 ~ -t ~~ •~`
NU M z ~~
`~~` 1 1 ~
~ 1 1
~ o
~
1 ;
~
~
M 1
., ,~ ` ~ ~Q U ~ ~
J ~
, ~' O
~
~ ~
, m
~ ~~" ~ ~
x ~~~a I
I
I I z I
0 o
o ~ Z V °
~
,~ I ~ I
~
ao o
~
08SN0224-1