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12SN0105CASE MANAGER: Jane Peterson .:: i3 i'f~L_ t;v r;r~ cor~o,~,~.o,- ~n ~ni i rnr ,,~~~~.. ,' ``) 1`~P~ PCY~ ~ 2Z~S l vcc2i~a2~~, gran F 2l3inici ynnz2~c~z iii-cDrc i~~ii~C~iz`Cr~ n~z cDrc ~~, 2~>~a June 27, 2012 B S STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 12SN0105 (AMENDED) Holiday Signs c/o Allen M_ Twedt Midlothian Magisterial District 11665 Midlothian Turnpike REQUEST: Conditional use approval to permit acomputer-controlled, variable message, electronic sign in a General Business (GS) District. PROPOSED LAND USE: A computer-controlled, variable message, electronic sign (EMC), incorporated into a freestanding identification sign for a cleaning establishment is proposed. RECOMMENDATION The applicant has withdrawn this request from consideration. The Board should acknowledge this withdrawal. CASE HISTORY Planning Commission Meeting (9/20/11): 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. Providing a FIRST CHOICE community through excellence in public service 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 (9/21/11): The Board of Supervisors approved amendments to the Electronic Message Center Policy. Applicant (10/ll/ll): Proffered conditions and Textual Statement were submitted. Planning Commission Meeting (ll/15/ll): 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 denial. AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller. Applicant (12/14/11): The applicant amended the request to withdraw the exception to the Ordinance requirement that the changeable copy be integrated into or abut the sign face and submitted a revised textual statement. 2 12SN0105 JUN27-BOS-RPT Board of Supervisors' Meeting (12/14/11): On their own motion, the Board remanded this case to the Planning Commission. Staff (12/15/11): The applicant was advised in writing the case would be scheduled for public hearing before the Planning Commission at their regularly scheduled meeting in February 2012. Further, the applicant was advised that any significant, new or revised information should be submitted no later than December 19, 2011 for consideration at the Commission's February 2012 public hearing. Staff (1/11/12): The applicant was advised that, with the withdrawal of the exception to the Ordinance requirement regarding the location of the changeable copy, the planned development component of the request was no longer needed. Applicant (1/17/12): The applicant withdrew the planned development component of this request; thereby, requesting conditional use approval. The textual statement was withdrawn and the proffered condition amended accordingly. Planning Commission Meeting (2/21/12): The applicant was not present for the public hearing. On their own motion, the Commission deferred this case to their March 20, 2012 public hearing. Staff (2/22/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than February 27, 2012 for consideration at the Commission's March 20, 2012 public hearing. 3 12SN0105 JUN27-BOS-RPT Staff (2/28/12): To date, no new information has been received. Planning Commission Meeting (3/20/12): The applicant did not accept the recommendation, noting that the application was made prior to the adoption of the new EMC sign policy. There was opposition present expressing concern that the proposed sign was against the Board's policy; the area was being revitalized with new landscaping; and that the case would set a precedent. The Commission stated that the applicant worked hard on the Policy with staff and that there were changes made to the recommended Policy at the Board meeting; approval would set a precedent; it is the Board's Policy and that it would be up to the Board to change the Policy. On motion of Mr. Waller, seconded by Dr. Brown, the Commission recommended denial. AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin. Board of Supervisors' Meeting (4/25/12): On their own motion and with the applicant's consent, the Board deferred this case to their May 23, 2012 public hearing. AYES: Jaeckle, Warren, Holland and Elswick. ABSENT: Mr. Gecker. Staff (4/26/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than April 30, 2012 for consideration at the Board's May 23, 2012 public hearing. 4 12SN0105 JUN27-BOS-RPT Board of Supervisors' Meeting (5/23/12): The applicant did not accept the recommendation. There was support and opposition present. Those in support indicated the proposal was good for business and complied all elements of the Policy except location. Those in opposition noted the proposal was contrary to the Policy; would set a precedent for similar signage in prohibited locations; and that the sign height should be limited to fifteen (15) feet consistent with ordinance requirements for new signs. Ms. Jaeckle expressed concerns relative to the late inclusion of special districts into the Policy; that special criteria for signs in these areas may be appropriate; and that reader boards were not an effective way to advertise. Mr. Gecker noted that the inclusion of the special districts was to support investment made by local businesses to enhance the corridor; that there was no indication these businesses supported a proliferation of electronic message centers; and that approval could set a precedent for future requests contrary to corridor beautification efforts. Mr. Elswick indicated that the proposed electronic sign was more attractive than the existing sign. Discussion ensured relative to deferring the request for the applicant to consider lowering the proposed sign height to fifteen (15) feet. On their own motion, the Board deferred this case to their June 27, 2012 meeting, noting that the public hearing was closed. Staff (5/24/12): The applicant was advised in writing that any significant, new or revised information should be submitted no later than May 29, 2012 for consideration at the Board's June 27, 2012 meeting. Applicant (6/6/12): The applicant withdrew the request. The Board of Supervisors on Wednesday, June 27, 2012 beginning at 6:30 p.m., will take under consideration this request. 5 12SN0105 JUN27-BOS-RPT 1 ~ ~ 1 w 1 1 Z ~ 1 ~ MALL DR 1 ~ 1 1 U 1 1 1 1 1 ~ P~ R ' 1 BAN ' y •~~ 1 cV 1 M 1 ' . 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