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10SN0272CASE MANAGER: Michael Janosik ,• •'~'~'•_~i~ .h{fr ~f~ ..~~. .~{~ +,~..~,f ..~ f.r I~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION l OSN0272 HCA Health Services October 27, 2010 B S Midlothian Magisterial District West line of Chippenham Parkway, south of Midlothian Turnpike RE VEST: Conditional use to permit acomputer-controlled, variable message, electronic sign. PROPOSED LAND USE: A computer-controlled, variable message, electronic sign, incorporated into an outdoor advertising sign (billboard) is proposed. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. AYES: Messrs. Brown, Hassen and Waller. NAYS: Messrs. Bass and Gulley. 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 integration into anon-conforming sign. 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. CONDITIONS NOTED ONLY AS "CPC" ARE CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITIONS HCA Virginia Health System (the "Developer") 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 itself and its successors or assigns, proffers that the development of the property known as Chesterfield County Tax Identification Number 766-705-Part of 1843 (the "Property") under consideration will be developed according to the following conditions if, and only if, the request for the conditional use permit (CUP) is granted. In the event the request is denied or approved with conditions not agreed to by the Developer, the proffers shall immediately be null and void and of no further force or effect. (CPC) 1. In addition to the Zoning Ordinance requirements, any computer- controlled, variable message, electronic sign shall conform to the following standards: A. Copy shall not move nor fade and shall be limited to one line of numeric display. B. The message or display shall be programmed or sequenced to change no more that once every 20 minutes. C. The copy display color shall be yellow. D. Flashing and traveling messages shall be prohibited. E. Bijou lighting and animations effects shall be prohibited. F. The electronic message center shall be integrated into the face of the existing outdoor advertising sign, as described in Proffered Condition 2. G. The existing sign face shall not be increased in square footage, height, or width. H. The total area of the electronic message sign shall not exceed thirty-six (36) square feet. (P) (CPC) 2. This conditional use shall be limited to one (1) of the four (4) outdoor advertising signs located on the Property, specifically the third sign starting from south to north, as noted on the attached map. (P) (CPC) 3. This conditional use permit shall be limited to the Developer only. (P) GENERAL INFORMATION T ,n~ati nn West line of Chippenham Parkway, south of the Midlothian Turnpike interchange. Tax ID 766-705-Part of 1843. 2 10SN0272-OCT27-BOS-RPT Existing Zoning: C-5 Size: 8.3 acres Existin Land Use: Commercial (outdoor advertising signs). The site is occupied by four outdoor advertising signs (billboards). Adjacent Zoning and Land Use: North - R-7; Single-family residential or vacant South - R-7; Vacant East - Chippenham Parkway and City of Richmond West - R-7, 0-2, and C-4; Single-family residential or vacant UTILITIES; FIRE; ENVIRONMENTAL; AND COUNTY DEPARTMENT OF TRANSPORTATION This request will have no impact on these facilities. Virginia Department of Transportation (VDOT): Electronic outdoor advertising signs located adjacent to principal highways, such as State Route 150 - Chippenham Parkway, 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,ANT~ TIFF, Comprehensive Plan: The subject property is located within the boundaries of the Eastern Midlothian Plan which suggests the property is appropriate for regional mixed use. Area Development Trends: The area around Chippenham Parkway/Midlothian Turnpike interchange is characterized by commercial development, including the former Cloverleaf Mall now under redevelopment 3 10SN0272-OCT27-BOS-RPT as a mix of commercial, office and multi-family use known as Stonebridge. Area properties along Starview Lane are zoned Regional and General Business (C-4 and C-5), Corporate Office (0-2) and Residential (R-7) and are characterized by single-family residential use or are vacant. The City of Richmond is located east of Chippenham Parkway. Ordinance History: On July 22, 1992 the Zoning Ordinance was amended to prohibit the erection of new outdoor advertising signs. All nonconforming outdoor advertising signs existing on or after this amendment are permitted to remain provided they are properly maintained. Any repair or refurbishment of these signs must not exceed acost ofthirty-five (35) percent of the replacement cost of the total sign structure. 51~: The applicant plans to incorporate acomputer-controlled, variable message electronic sign into an existing nonconforming outdoor advertising sign and intends to use this component to display a timer indicating emergency room wait times for a local hospital, as depicted in the attached elevation. The proposed sign would be incorporated into one (1) of the four (4) existing outdoor advertising signs, specifically the third sign from the south on the property (Proffered Condition 2). Conditions would limit use of this sign to a numeric display. This electronic message center would be limited to thirty-six (36) square feet in area (Proffered Condition l.H); would be incorporated into the existing sign face (Proffered Condition l.F and G); and would be limited to the applicant's use only (Proffered Condition 3). The proposal would comply with the adopted Electronic Message Center Policy relative to spacing between signs, lines of copy, color of copy and lack of flashing and traveling messages, bijou lighting and animation. (Proffered Condition 1. A, C, D and E). The proposed timing of message changes would be not more than once every twenty (20) minutes which is more restrictive than the Policy criteria of not more than once every ten (10) seconds (Proffered Condition l .B). The proposal would not comply with Policy prohibitions on incorporating electronic message centers into non-conforming signs (unless the height or size of a non- conforming sign is substantially reduced to bring the sign closer into conformance with the Ordinance). Given that new outdoor advertising signs are prohibited (reference "zoning history" section), this target does not exist. CONCLUSION The proposed computer~ontrolled, variable message, electronic sign does not conform to the Electronic Message Center Policy for such signs relative to incorporation into anon-conforming sign. Approval of the requested exception to the Policy could set a precedent for similar requests. Given these considerations, denial of this request is recommended. 4 10SN0272-OCT27-BOS-RPT CASE HISTORY Applicant (9/ 17/ 10) Proffered Condition l .A was amended. Applicant (9/21 / 10) Proffered Condition l.C was amended. Planning Commission Meeting (9/21/10): The applicant did not accept staff s recommendation, but did accept the Planning Commission's recommendation. There was support present noting conformance with the Policy except for incorporation into anon-conforming sign; that the message center would be integrated within the existing sign face; and that the applicant had worked with area citizens in conditioning this proposal. Mr. Hassen compared the proposed numeric display to that permitted for time, date, temperature and gas prices. Messrs. Bass and Gulley indicated that the proposal was based upon marketing and not for public service purposes; and that the sign did not conform to the adopted Policy. On motion of Mr. Waller, seconded by Mr. Hassen, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES: Messrs. Brown, Hassen and Waller. NAYS: Messrs. Bass and Gulley. The Board of Supervisors, on Wednesday, October 27, 2010, beginning at 6:30 p.m., will take under consideration this request. 5 10SN0272-OCT27-BOS-RPT 0 z 0 s v 0 v ,4 ^' 1!~ ~ w ~ Y G ~ ~ J l v ,• > J I C, ~ ~ ~ ~ , f ~ ~ ° ~ v ...;:;:. I ~ 'EW p 1 cT v u. ~ ~ ~ J ~ ~ ~ 1 ~ ~ J ~ ~ ~ ~ ~ ~ ~ , ~ ~ ~ ~ v ~ J ~ ~ ~ W ~ U ~~ M ~ i ~ z (~ U ~ ~ ~ ~ ®~ ~ ~ ~ ° ~~ - +~ ~ ~~~ { ~ ~~ ~ d ®~ ~ ~ ~ ~ ~ ~ ~ Q ~ J ~ ~ ~ U ® ~ ~ °o Q ~ ~ ~ ~ r ~ ~ v N r '~ ' t ~ ~ ~ U