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12SN0105CASE MANAGER: Jane Peterson za. ~c~ ~~: '- - r , ~?RCri1a December 14, 2011 BS ADDENDUM 12SN0105 Holiday Signs c/o Allen M. Twedt Midlothian Magisterial District 11665 Midlothian Turnpike REQUEST: Conditional use planned development approval to permit acomputer-controlled, variable message, electronic sign and exceptions to Ordinance requirements in a General Business (C-5) District. PROPOSED LAND USE: A computer-controlled, variable message, electronic sign (EMC), attached to a freestanding sign structure for a cleaning establishment is proposed. Exceptions to an Ordinance requirement that the changeable copy be integrated into or abut the sign face are requested. On December 14, 2011 the applicant amended this request. Specifically, the applicant has withdrawn the requested exception to the Ordinance requirement that the changeable copy be integrated into or abut the sign face. The applicant now intends to comply with this Ordinance requirement. The Textual Statement has been revised to delete this exception, as attached. Proffered Condition 2 has been amended to reflect the revised date of the Textual Statement. Staff continues to recommend denial of this request for the following reasons: A. The proposed EMC does not conform to the adopted Electronic Message Center Policy for such signs relative to location within the Chesterfield Towne Center Southport Special District. B. The requested exceptions to the Policy could set a precedent for similar requests. NOTE: SINCE THE REVISED PROFFER WAS SUBMITTED SUBSEQUENT TO THE ADVERTISEMENT OF THE CASE, IT WOULD BE NECESSARY FOR THE BOARD TO SUSPEND THEIR PROCEDURES TO CONSIDER THIS REVISED PROFFERED CONDITION. Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITION 2. The Textual Statement dated December 14th, 2011 shall be considered the master plan. (P) 12SN0105-DEC 14-BUS-ADD Holid~ s~~Ns Improve Your Buruuss {frith ~ Larngteng~e Case 125N0105 Textual Statement October 10, 201.1. Revised December 14th, 2011 The following exceptions to the Zoning Ordinance requirements shall apply: 1. A five (5) foot exception to the fiReen {l5} foot freestanding sign height limitation. vale _!2' 1 ~' - 1~ Allen M. Twedt Holiday Signs, Inc. 11930 Old Stage Rawl • Chcrter, Virb~inia 2183b Fhcme (604} 79b•9443 • FAX (804) 796-9aSa H lids ~~~ Imprpve Your Busuiess With Sigrx .Language Case 12S1Y0105 Thereby amend Proffered Condition #2 as follows: 2. The Textual Statement, dated December 14th, 2011, shall be considered the master plan. Date ~"Z-r L~ ~ ~~ Allen , Twedt Holiday Sims, Inc 1930 Q1d 5tagc Itoaci • C'hestrr, Virginia 2383b rnonc (goa) ~~-gaa3 • Fpx (xoa) ~~-rasa CASE MANAGER: Jane Peterson .~-- .~~ r { ~f ' { ~ I-~~iY~ ry ~~ { ~~F'ti :.'f .fir - ,~ .,~~. {~~;, i ~~~r r~ ~f • ~*r , r .rF I . ~. B S Time Remaining 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0105 Holiday Signs c/o Allen M. Twedt Midlothian Magisterial District 11665 Midlothian Turnpike l~Tn~~oml,or 1 G x(11 1 (~U(~' December 14, 2011 BS RE VEST: Conditional use planned development approval to permit acomputer-controlled, variable message, electronic sign and exceptions to Ordinance requirements in a General Business (C-5) District. PROPOSED LAND USE: A computer-controlled, variable message, electronic sign (EMC), attached to a freestanding sign structure for a cleaning establishment is proposed. Exceptions to an Ordinance requirement that the changeable copy be integrated into or abut the sign ace are requeste . PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposed EMC does not conform to the adopted Electronic Message Center Policy for such signs relative to location within the Chesterfield Towne Center Southport Special District. B. The proposed separation of the changeable copy from the sign face fails to moderate the visual impact of the changeable copy as intended by Ordinance requirements. C. The requested exceptions to the Policy and the Ordinance 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.) rnNnTTTnN The total area of the freestanding sign shall not exceed 62.5 square feet. The sign height shall not exceed twenty (20) feet. (P) PROFFERED CONDITIONS 1. In addition to Ordinance requirements, except as noted in the Textual Statement, any computer-controlled, variable message, electronic sign shall conform to the following standards: a. Copy shall be limited to a maximum of three (3) lines and shall not move but may fade; b. The message or display shall be programmed to change no more than once every thirty (30) seconds; c. Sequential messaging shall be prohibited; d. Flashing and traveling messages shall be prohibited; e. Bij ou lighting and animation effects shall be prohibited; f. The electronic message center shall be incorporated into an architecturally designed sign structure that is compatible and complimentary to the building it serves; and g. Brightness shall be limited so as not to exceed 0.3 foot candles above ambient light as measured using a foot candle meter at a distance of seventy-seven (77) feet. (P) 2. The Textual Statement, dated October 10, 201 1, shall be considered the master plan. (P) GENERAL INFORMATION T ,ncati nn The request property is located in the southeast corner of Midlothian Turnpike and Grove Road and better known as 11665 Midlothian Turnpike. Tax ID 739-708-6141. Existin.~g: C-5 Size: .5 acre 2 12SN0105-DEC14-BOS-RPT Existing Land Use: Commercial Adjacent Zoning and Land Use: North - C-3 and C-5; Commercial and vacant South, East and West - C-5; Commercial T ITTT ,TTTF~ Public Water and Wastewater Systems: While installation of the proposed sign will not require use of the public water system, the applicant is cautioned that the proposed sign must not be placed so as to conflict with the existing public utility lines, or their easements, on this site. ENVIRONMENTAL; FIRE; AND COUNTY DEPARTMENT OF TRANSPORTATION This request will have no impact on these facilities. PUBLIC FACILITIES Vir ing is Department of Transportation (VDOT): VDOT notes that a design for the electronic sign needs to be submitted to the VDOT Richmond District, Central Region Permit 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. The electronic message should not be a distraction to a driver along U.S. Route 60. Approval of signage is not necessarily assured. T,ANn TIFF. Comprehensive Plan: The subject property is located within the boundaries of the Powhite/Route 288 Development Area Plan, which suggests the property is appropriate for general commercia use. Draft Comprehensive Plan: The Revised Draft Comprehensive Plan (as recommended by the Chesterfield County Planning Commission on November 15, 2011) designates the subj ect property "Community Corridor." This proposed land use designation encourages vertically and horizontally integrated mix of residential, office, public, open space and commercial uses. It should be 3 12SN0105-DEC14-BOS-RPT noted that the revised draft plan is pending review by the Board of Supervisors, has not been approved, and does not provide land use guidance for the subject property at this time. The recommendations ofthe revised draft plan are provided for informational purposes only. Area Development Trends: The area is characterized by commercial and office uses along the north and south lines of the Midlothian Turnpike Corridor. Sign Design: The Ordinance permits one (1) freestanding sign along Midlothian Turnpike to identify the existing business (dry cleaners) on the property. The existing freestanding sign measures 101 square feet in area and twenty-five (25) feet in height. The applicant plans to replace this existing sign with a new sign to include an electronic message board. The 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. Further, the Ordinance requires that, with the replacement of anon-conforming sign, the area and height of the existing sign must be averaged with that of current standards for new signs. New freestanding signs are currently limited to 62.5 square feet in area with the incorporation of changeable copy and fifteen (15) feet in height. Averaging would yield a maximum sign area of 81.75 square feet and a maximum sign height of twenty (20) feet. The proposed sign, which contains an area of 62.5 square feet and a height of twenty (20) feet, is in conformance with this Ordinance requirement and satisfies this aspect of the Policy. (Condition) The proposal would comply with the Policy relative to spacing, lines of copy, timing of message changes with no sequential messaging, sign appearance, brightness and lack of flashing and traveling messages, bij ou lighting and animation. The proposal would not comply with the Policy relative to location within the Chesterfield Towne Center Southport Special District, as discussed herein. Special District: With the adoption of the amended Electronic Message Center Policy in September 2011, two (2) Special Districts are identified along Midlothian Turnpike as areas where EMCs are prohibited. One such area is the Chesterfield Towne Center Southport Special District, the boundaries of which are depicted on the attached map. The subject property is identified within this geography. 4 12SN0105-DEC14-BOS-RPT Location of Changeable Copy in Relation to Sing Face: The Ordinance requires that changeable copy either abut or be integrated into the sign face, unless incorporated into a monument structure. As proposed, the electronic message board will neither abut nor be integrated into the sign face, necessitating an exception to this Ordinance requirement (Proffered Condition 2 -Textual Statement). When provided within the framework of the sign face, the visual impact of the changeable copy is reduced. Separating this copy from the sign intensifies its impact. This is further evidenced by Ordinance limitations on the percentage of changeable copy used in a sign face and the inability to use changeable copy as an exclusive component in freestanding signage, regardless of its size. As such, staff cannot support this exception. CONCLUSION The proposed computer-controlled variable message electronic sign does not conform to the recently adopted Electronic Message Center Policy relative to location within Chesterfield Towne Center Southport Special District. Further, the proposed exception to allow the detachment of the electronic message board from the sign face fails to moderate its visual impact as intended through Ordinance limitations. Approval of these exceptions to Policy and Ordinance could encourage others to seek similar exceptions. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (9/20/l l): On their own motion and with the applicant's consent, the Commission deferred this case to their November 15, 2011 public hearing. This deferral would permit time to determine the outcome of the Board's consideration of the Electronic Message Center Policy Amendments. Staff (9/21 / 11) The applicant was advised in writing that any significant, new or revised information should be submitted no later than September 26, 2011 for consideration at the Commission's November 15, 2011 public hearing. Board of Supervisors' Meeting (9/21/1 1): The Board of Supervisors approved amendments to the Electronic Message Center Po icy. 5 12SN0105-DEC14-BOS-RPT Applicant (10/ l l / l l) Proffered conditions and Textual Statement were submitted. Planning Commission Meeting (11/15/11): The applicant did not accept the recommendation. There was opposition present expressing concerns relative to the sign not complying with Ordinance and EMC Policy standards. The Commission agreed that deviations to the recently-adopted EMC Policy should be determined through discussions at the Board of Supervisors' level. On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended enla . AYES : Messrs. Bass, Brown, Gulley, Hassen and Waller. The Board of Supervisors, on Wednesday, December 14, 2011 beginning at 6:30 p.m., will take under consideration this request. 6 12SN0105-DEC14-BOS-RPT Case 12SN0105 Textual Statement October 10, 2011 The following exceptions to the Zoning Ordinance requirements shall apply: 1. A five (5) foot exception to the fifteen (15) foot freestanding sign height limitation. 2. Relief to the requirement that the changeable copy must abut or be integrated with the sign face. ~~ J ' 1 1 ALL DR ~ ~ I h ' 1 1 1 1 r • • • ~` ~• ~ ~~~ . ;• ~ • ~ ~ 1~ ~ ~ ~ ~ .1 v~ ~ ~ a,, ' _ ~ ~ 1 , e ~r • f ~~ ~ ~ '~~/ I ^ ... ~r • ~ t • ® ~ ~i ~, ~ ~ ~ ' ~~~ ^ ~ r ~ ~ ~ ~ ~ ~ • ~r •. • t • ^ • .~ ~ , '• • ~ ~ I;~ 1 ' . 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