10SN0271CASE MANAGER: Jane Peterson
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October 27, 2010 B S
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
l OSN0271
Ellmer Properties
Bermuda Magisterial District
East line of Interstate 95, south of Ruffin Mill Road
RE VEST: Conditional use planned development to permit exceptions to Ordinance
requirements relative to signs.
PROPOSED LAND USE:
A freestanding identification sign for permitted commercial uses is planned. A
conditional use planned development is requested to allow a larger and taller
freestanding sign than allowed by current Ordinance standards.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The current sign standards of the Ordinance provide adequate identification for
uses on the property.
B. Approval of this request could encourage other businesses to seek similar
exceptions, leading to proliferation of oversized signs.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OwNER(S) MAY
PROFFER CONDITIONS. THE CONDITION NOTED ONLY A "CPC" IS RECOMMENDED
BY THE PLANNING COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
The Owners and the Developer (the "Owners") in this zoning case, pursuant to Section
15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield
County, for themselves and their successors or assigns, proffer that the development of the
Property known as Chesterfield County Tax Identification Number 805-636-0948 (the
"Property") under consideration will be developed according to the following conditions if, and
only if, the rezoning request for conditional use planned development is granted. In the event the
request is denied or approved with conditions not agreed to by the Owners, the proffers shall
immediately be null and void and of no further force or effect.
(CPC) The Textual Statement dated June 30, 2010 and last revised August 5, 2010 shall
be considered the Master Plan. (P)
GENERAL INFORMATION
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East line of Interstate 95, south of Ruffin Mill Road. Tax ID 805-636-0948.
Existing Zoning:
C-5
Size:
7 acres
Existing Land Use:
Commercial (under construction)
Adjacent Zoning and Land Use:
North - C-5; Commercial
South and East - I-2; Industrial or vacant
West - I-2; Industrial or vacant
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The applicant is cautioned that the sign must not be placed so as to conflict with the existing
public wastewater lines, or their easements, on this site.
ENVIRONMENTAL; FIRE; AND COUNTY DEPARTMENT OF TRANSPORTATION
This request will have no impact on these facilities.
2 10SN0271-OCT27-BOS-RPT
Virginia Department of Transportation (VDOT):
Electronic outdoor advertising signs located adjacent to Federally assisted highways,
such as frontage along Interstate 95, are subject to a VDOT permitting process. A design
will be required to be submitted through the VDOT Richmond District, Central Region
Permit Office, to be routed to the Richmond District Roadside Development Office for
review and evaluation. 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. Approval of signage is not necessarily assured.
T,ANn TIFF,
Comprehensive Plan:
The subject property is located within the boundaries of the Consolidated Eastern Area
Plan which suggests the property is appropriate for general commercial use.
Area Development Trends:
Area properties around the walthall Interchange are zoned predominately General Business
(C-5), Light Industrial (I-1) and General Industrial (I-2) and are developed for commercial
or industrial uses or are currently vacant.
Zonin H.~ istory:
On September 21, 2005 the Board of Supervisors, upon a favorable recommendation of
the Planning Commission, approved a conditional use planned development to allow a
second freestanding sign being larger and taller (100 square feet in area and thirty (3 0)
feet in height) than allowed by Ordinance (Case 05SN0323). This property, which is
currently occupied by a motor vehicle dealership (Honda), is located approximately 700
feet north of the subj ect property. (Reference attached map)
On June 28, 2006 the Board of Supervisors, upon a favorable recommendation of the
Planning Commission, approved a conditional use planned development to permit to
allow a larger and taller freestanding sign (163 square feet in area and forty-eight (48)
feet in height) (Case 06SN0276). This property, which is currently occupied by a motor
vehicle dealership (Toyota), is located north of and adjacent to the subject property.
(Reference attached map)
On October 24, 2007 the Board of Supervisors, upon a favorable recommendation of the
Planning Commission, approved a conditional use planned development to allow a larger
and taller freestanding sign (144 square feet in area and thirty (30) feet in height) than
allowed by Ordinance (Case 08SN0121). This property, which is currently occupied a
motor vehicle dealership (Hyundai), is located north of the subject property. (Reference
attached map)
3 10SN0271-OCT27-BOS-RPT
Proj ect Identification Sign:
Currently, the Ordinance permits one (1) freestanding sign identifying a vehicle sales
business, fifty (50) square feet in area and twenty (20) feet in height. The sign area may be
increased up to twenty-five (25) percent provided such increase is for the purpose of
including changeable copy. The applicant proposes to use this permitted sign to identify an
automobile dealership. The sign is proposed to be 113 square feet in area, with no
changeable copy, and fifty (50) feet in height. (Textual Statement)
CONCLUSION
The current sign standards of the Ordinance provide adequate identification for uses on the property.
Further, approval of this request could encourage other businesses to seek similar exceptions
thereby resulting in sign proliferation, as evidenced within the "Zoning History" section of this
report.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/21/10):
The applicant did not accept staff s recommendation, but did accept the Planning
Commission's recommendation. There was no opposition present.
Mr. Hassen noted that this exception is consistent with existing signage in the immediate
area.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller.
The Board of Supervisors, on Wednesday, October 27, 2010, beginning at 6:30 p.m., will take
under consideration this request.
4 10SN0271-OCT27-BOS-RPT
TEXTUAL STATEMENT
Ellmer Property Chesterfield II LLC
Priority Nissan
June 30, 2010
Revised August 5, 2010
Conditional Use Planned Development ("CUPD") to permit a zoning ordinance exception,
as described below, for a C-5 General Business District zoned property known as
Chesterfield County Tax Identification Number 805-636-0948.
EXCEPTION:
An exception of 63 square feet to the 50 square foot limit for sign area
(logo area of 113 square feet) and an exception of 30 feet to the 20
foot limit for sign height for a freestanding sign to identify a vehicle
sales use (countywide) as set forth in Sec.19-649 of the County
Zoning Ordinance.
OWNER
By:
Attorney-in-Fact for Owner
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