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10SN0240 July 20, 2010 CPC August 25, 2010 BS STAFF’S REQUEST ANALYSIS AND RECOMMENDATION 10SN0240 CVS Pharmacy Midlothian Magisterial District Southeast corner of Midlothian Turnpike and South Providence Road REQUEST: Conditional Use to permit a computer-controlled, variable message, electronic sign. PROPOSED LAND USE: A computer-controlled, variable message, electronic sign, incorporated into a freestanding identification sign for a drugstore/pharmacy is proposed. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. 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 for such signs relative to spacing between such signs. B. The requested exceptions to the Policy could set a precedent for similar requests. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS.) PROFFERED CONDITION In addition to Ordinance requirements, any computer-controlled, variable message, electronic sign shall conform to the following standards: Providing a FIRST CHOICE community through excellence in public service a. Copy shall be limited to a maximum of two (2) lines which shall not move, but may 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 white or yellow; d. Flashing and traveling messages shall be prohibited; and e. Bijou lighting and animations effects shall be prohibited. f. The base of each column for the sign shall be constructed of brick or brick veneer as depicted in the sign elevation titled “CVS/Pharmacy #2706”, prepared by Service Neon Signs Inc. and dated March 2, 2010. (P) GENERAL INFORMATION Location: Southeast corner of Midlothian Turnpike and South Providence Road. Tax IDs 759-705- 6781 and Part of 5381 (formerly known as Tax ID 759-705-4885). Existing Zoning: C-5 Size: 1.2 acres Existing Land Use: Commercial and vacant Adjacent Zoning and Land Use: North – C-3; Commercial South, East and West – C-5; Commercial UTILITIES; ENVIRONMENTAL; FIRE; AND COUNTY DEPARTMENT OF TRANSPORTATION This request will have no impact on these facilities. 2 10SN0240-AUG25-BOS-RPT Virginia Department of Transportation (VDOT): Electronic signs located adjacent to Federally assisted highways, such as U.S. Route 60, are subject to VDOT review and/or approval. A design will be required to be submitted through the VDOT Richmond District, Central Region Permit Office, to be routed to the appropriate reviewing entity. The plan is to show the location of the sign relative to the right-of-way (and outside the appropriate clear zone) and operational details, as deemed necessary, for evaluation of the signage. LAND USE Comprehensive Plan: The subject property is located within the boundaries of the Eastern Midlothian Plan which suggests the property is appropriate for a mix of community-scale commercial and office uses. Area Development Trends: The area is characterized by commercial uses along the north and south lines of the Midlothian Turnpike Corridor, with residential developments south along South Providence Road. Signs: The applicant plans to incorporate a computer-controlled, variable message electronic sign into a freestanding sign. The proposed sign and computer-controlled, variable message electronic sign would comply with the size and height requirements of the Zoning Ordinance which currently permits a freestanding sign sixty-two (62) square feet in area (including changeable copy) at a height of fifteen (15) feet. The proposal would comply with the adopted Electronic Message Center Policy relative to spacing between signs and lack of flashing and traveling messages, bijou lighting and animation. (Proffered Condition) The Proffered Condition (Item “f”) addresses the treatment of the sign base as reflected in the attached elevation. It should be noted that adherence to other components of the depicted sign treatment have not been proffered. The proposal would not comply with the Policy relative to spacing between such signs. Spacing: The Policy requires a minimum of 2,000 foot spacing between electronic message signs. Currently, an electronic message center sign identifying both a cellular telephone company and motor vehicle service business is located at the northwest corner of Midlothian Turnpike and Fairwood Road, approximately 1,300 feet west of the subject 3 10SN0240-AUG25-BOS-RPT property as noted on the attached map. As such, the request does not meet the spacing requirements per the Policy. CONCLUSION The proposed computer-controlled, variable message, electronic sign does not conform to the adopted Electronic Message Center Policy for such signs relative to spacing between such signs. Approval of this requested exception to the Policy could set a precedent for similar requests. Given these considerations, denial of this request is recommended. ______________________________________________________________________________ CASE HISTORY ______________________________________________________________________________ Planning Commission Meeting (7/20/10): The applicant did not accept the recommendation. There was opposition and support present. Those in opposition expressed concerns relative to non-compliance of approved signs; support for adherence to Policy; that such signs were contrary to revitalization efforts in aging commercial corridors; and that existing Ordinance standards provide adequate business identification. Those in support indicated the spacing requirements of the Policy were ambiguous; that these signs aid in eliminating temporary signage such as banners; and that the Policy should be amended to reach a reasonable compromise. Mr. Bass noted disappointment in existing violations of sign conditions and lack of enforcement; and that he would adhere to the Policy until it is modified by the Board. Messrs. Gulley and Waller noted agreement with the position of Mr. Bass. Mr. Gulley noted that area business leaders had indicated such signs conflicted with revitalization and beautification efforts along the corridor. Dr. Brown recognized opposition to the proposal, including from the business community. On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended denial. AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller. The Board of Supervisors, on Wednesday, August 25, 2010, beginning at 6:30 p.m., will take under consideration this request. 4 10SN0240-AUG25-BOS-RPT