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08SN0286,• •'~'~'•_~i~ .h{fr ~f~ ~~. .'{' - ..~r T. i ,f. , STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08SN0286 Victory Lady Midlothian Magisterial District North line of Midlothian Turnpike ~l,Ar 77 7(1f1Q RC ArPra~c~' 1 1 ~(1f1Q RC July 22, 2009 B S 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. B. The requested exception to the Policy 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.) 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 T ,ncati nn 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 Adjacent Zoning and Land Use: 2 08SN0286 JUL22-BOS-RPT 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 ,ANn T 1~F, 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 project limits). The existing freestanding sign along Midlothian Turnpike currently measures 89.3 square feet in area and twenty-one (21) feet in height. The applicant plans to incorporate an electronic message board into the 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) 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 3 08SN0286 JUL22-BOS-RPT 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 and height. 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 Commission has set a public hearing for August 18, 2009 to consider proposed Code amendments relative to electronic message centers. 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. AYES: Messrs. Bass, Brown, Hassen and Waller. ABSENT: Mr. Gulley. 4 08SN0286 JUL22-BOS-RPT Board of Supervisors' Meeting (10/22/08): On their own motion, the Board deferred this case to their regularly scheduled March 2009 public hearing. The purpose of the deferral was to allow the Planning Commission to complete their evaluation of the "Electronic Message Center Policy". Staff (10/23/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 5, 2009 for consideration at the Board's regularly scheduled March 2009 public hearing. Staff (2/ 19/09) To date, no new information has been received. The Commission has scheduled a work session on March 17, 2009 to review the status of the Planning Commission Committee's work on the "Electronic Message Center Policy". Board of Supervisors' Meeting (3/11/09): On their own motion, the Board deferred this case to their July 22, 2009 public hearing. Staff (3/12/09): The applicant was advised in writing that any significant, new or revised information should be submitted no later than May 6, 2009 for consideration at the Board's July 22, 2009 public hearing. Staff (6/24/09): To date, no new information has been received. The Commission has set a public hearing for August 18, 2009 to consider proposed Code amendments relative to e ectronic message centers. The Board of Supervisors, on Wednesday, July 22, 2009, beginning at 6:30 p.m. will take under consideration this request. 5 08SN0286 JUL22-BOS-RPT / / j ~ ~ ~ ~/ ~ 1 f ~1 ~ I . ~ r ~ I L 1 r ~ ~ ~ I t ~ ~ ~ i T 1 ~ r U 1 1 >d ~ N ~, o > >> 1 o ~~ ~ 0 ~~ 1 N ~~ ~` ~ ....... bbd p~~~d ~ .::::::: ~ ~b ~• ~(~ N M j i r Q ~ f ~ Q ~ -. ~ ~ ~ ~ ~o oNp ~ ~ o ppd 0 a ~~- ~! ~ Z l J ` U ~ ~ ~ ~t ~ ! ~ ~ ~~ N ~~ U ~ ~ ~a 3~ai eanls .~~~~~ W w ~ ~ •~ ~ ~ Z (n J ~? j ~ I' ry~M ~ U ~ 7 W U ~ ~U I (' r ~ V r j ~~ 76 ~ / ~ ~ ~~ ~ ~ r ~ a ~- 1/r ~ ~~ ~W -7 - ~ ~ ~ ~J r ~` r ~ U ~ - ~ \ 1 / I op ,~ ~ N ~ ~ ~ ~ i ~ ~ ~ ~ ,^1 ~ _ U / 1 ' f U `V ' r ~ ~ ~ ~ I N N ~ N I I N I \ / ~ .. ' ~ ~~ o j ~ ~ ~, U ~. 1 ~ ~ ~ ~ ~ ~, ~ \ ~` ~~\\ `` ^\ `~ 'o ~ ~i./ O °o 0 c~