10SN0274CASE MANAGER: Robert Clay
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
l OSN0274
(AMENDED)
The Chester Company LLC
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March 28, 2012 BS
Bermuda Magisterial District
East line of Iron Bridge Road, North of Landfill Drive
REQUEST: Conditional use approval to permit acomputer-controlled, variable message,
electronic sign.
PROPOSED LAND USE:
A computer-controlled, variable message, electronic sign, incorporated into a
freestanding identification sign for a convenience store and car wash is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITION ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reason:
The proposed computer-controlled, variable message, electronic sign conforms to the
adopted Electronic Message Center (EMC) Policy.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITION NOTED "STAFF/CPC" WAS AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITION
(STAFF/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 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. Bijou lighting and animations effects shall be prohibited;
£ The electronic message center shall be incorporated into an
architecturally designed sign structure that is compatible and
complimentary to the building or prof ect 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. In addition, the electronic message center
shall have a photocell that automatically adjusts the brightness
according to ambient light conditions. (P)
GENERAL INFORMATION
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The request property fronts the east line of Iron Bridge Road, north of Landfill Drive. Tax
IDs 774-657-1196, 2272 and 4874; 774-658-0616; and 775-657-Part of 1181.
Existing Zonin
A and C-3
Size:
9.3 acres
Existing Land Use:
Commercial or vacant
Adjacent Zoning and Land Use:
North - A and R - MF; Vacant and multi-family residential
South - C-2 with conditional use planned development; Commercial
East - A, C-2 and O-2; Vacant
West - A and I-1 with conditional use planned development; single-family residential or
vacant
2 10SN0274-MAR28-BOS-RPT
UTILITIES
While installation of the proposed sign will not impact the required 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
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire ~ervice~
The Chester Fire Station, Company Number 1, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
This request will have no impact on these facilities.
Vir ing is Department of Transportation VDOT~:
Electronic outdoor advertising signs located adjacent to principal highways, such as State
Route 10, 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.
LAND USE
Current Comprehensive Plan:
The subject property is located within the boundaries of the Central Area Plan, which
suggests the property is appropriate for community mixed use, including shopping
centers and other commercial and office uses.
Area Development Trends:
This portion of the Iron Bridge Road corridor is characterized by a mix of commercial uses
and agricultural properties which are vacant. A church use is located to the northwest of the
subject property. This pattern of uses is expected to continue along this portion of the
corridor, as suggested by the Plan.
3 10SN0274-MAR28-BOS-RPT
Zoning HistorX:
On September 25, 1996 the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, approved C-3 zoning on the request property, adjacent
property to the east, and on a portion of the adjacent property to the north (Case
96SN0281). With the approval of Case 96SN0281 signage for the proposed development
was controlled by the ordinance.
On April 23, 1997 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved an amendment to Case 96SN0281 concerning the
orientation of bay doors associated with a motor vehicle repair business (Case
97SN0194). This amendment did not modify sign standards.
Policy History:
On September 21, 2011 the Board of Supervisors, upon a favorable recommendation
from the Planning Commission, adopted a revised EMC Policy. This occurred after the
Planning Commission considered the current request; therefore, the Commission's
recommendation on this case is based upon the fact the proposal did not comply with the
EMC Policy that was in place at that time.
Sins:
The applicant plans to incorporate acomputer-controlled, variable message electronic sign
into an existing freestanding sign. The proposed sign would comply with the size and height
requirements of the Zoning Ordinance which currently permit a freestanding sign 62.5
square feet in area (including changeable copy) at a maximum height of fifteen (15) feet.
The proposal would also comply with the adopted EMC Policy. (Proffered Condition)
CONCLUSION
The proposed computer-controlled, variable message, electronic sign conforms to the adopted
EMC Policy.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/19/10):
The applicant did not accept the recommendation.
Mr. Bass stated that he had asked the chairman to send a memo to the Board requesting
that the EMC Policy be re-visited; that the public must address the issue with the Board;
4 10SN0274-MAR28-BOS-RPT
code enforcement must make the EMCs conform; and that EMCs need to be done
professionally.
There was opposition present expressing concerns relative to enforcement issues; the
presence of an off-site sign on the property; plans presented to the Commission not
shown to public; too much signage; does not meet the policy; detriment to the area;
Commission and Board are too fair to business community; and businesses need to learn
to be community friendly.
Dr. Brown clarified that the Commission works with area residents and the business
community before zoning cases come to public hearings so that the best case can come
forward.
Mr. Hassen stated that he was in favor of EMCs but the problem is that the case deviated
from the Policy, which creates a nightmare; until such time as the Board deviates, then
the Commission cannot deviate from the policy; and that the Commission all agreed that
the policy needs to be changed.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended denial.
AYES: Messrs. Brown, Hassen, Bass and Waller.
ABSENT: Mr. Gulley.
Board of Supervisors' Meeting (11/17/10):
On their own motion, and with consent from the applicant, the Board deferred this
request to their May 2011 regularly scheduled public hearing.
Staff (11/18/10):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 7, 2011 for consideration at the Board's May
2011 public hearing.
Staff (5/6/11):
To date, no new information has been received.
Board of Supervisors' Meeting (5/25/11):
On their own motion, and with consent from the applicant, the Board deferred this
request to their November 30, 2011 public hearing.
5 10SN0274-MAR28-BOS-RPT
Staff (5/26/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 26, 2011 for consideration at the Board's
November 30, 2011 public hearing.
Board of Supervisors' Meeting (9/21/11):
With a recommendation for approval from the Planning Commission, the Board of
Supervisors approved and adopted an amended EMC Policy.
Staff (10/31/11):
A revised proffered condition was received. This revised proffer renders the applicant's
proposal consistent with the newly adopted EMC Policy.
Board of Supervisors' Meeting (11/30/11):
On their own motion, the Board remanded this request to the Planning Commission.
Staff (12/1/11):
The applicant was advised in writing the case will be scheduled for public hearing before
the Planning Commission once it has been amended.
Applicant (12/3/11):
Revised proffered conditions were submitted.
Applicant (12/7/11):
The applicant amended the application and staff was advised to advertise for the next
available Planning Commission public hearing.
Applicant, District Commissioner, Planning Staff, Citizens (2/15/12):
A meeting was held to discuss this proposal. There were no concerned citizens in
attendance.
6 10SN0274-MAR28-BOS-RPT
Planning Commission Meeting (2/21/12):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Patton, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered condition on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors on Wednesday, March 28, 2012 beginning at 6:30 p.m., will take
under consideration this request.
7 10SN0274-MAR28-BOS-RPT
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