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18SN0545 CASE NUMBER: 18SN0545 APPLICANTS: The Rebkee Company CHESTERFIELD COUNTY, VIRGINIA CLOVER HILL DISTRICT AND RECOMMENDATION Board of Supervisors (BOS) Hearing: FEBRUARY 28, 2018 BOSTime Remaining: 365 DAYS BRIAN FENWICK (301-542-8002) PAUL SPROUSE (804-419-0747) 2.4 Acres 12441 Hull Street Road Planning Department Case Manager: DREW NOXON (804-796-7122) REQUEST (Amended) Conditional use to permit a computer-controlled, variable message, electronic sign (EMC) incorporated into a freestanding sign in a Regional Business (C-4) District. Notes: A. Conditions may be imposed or the property owner may proffer conditions. B. Conditions and Exhibits are located in Attachments 1 - 3. SUMMARY An EMC sign incorporated into a permitted free-standing sign is planned. The sign would be located on Hull Street Road and would be used by a proposed gas station on an outparcel within the Bridgewood Crossing development. The applicant has indicated the sign will display gas prices. RECOMMENDATIONS PLANNING APPROVAL COMMISSION APPROVAL While sign does not comply with the EMC Policy relative to its location STAFF in a prohibited area, many similar signs are in use throughout the county with no known adverse impacts. Providing a FIRST CHOICE community through excellence in public service 218SN0545-2018FEB28-BOS-RPT Comprehensive Plan Classification: REGIONAL MIXED USE The Plan suggests the property is appropriate for an integrated mixture of highly concentrated corporate office, commercial, light industrial/research and development, and higher density residential uses with public spaces. Surrounding Land Uses and Development Hull Street Rd Commercial uses Aldi Bridgewood Crossing commercial development Lonas Pkwy 318SN0545-2018FEB28-BOS-RPT PLANNING Staff Contact: Drew Noxon (804-796-7122) noxona@chesterfield.gov Zoning History Case Number Request Rezoning from A, R-9, R-TH, O-2, and C-3 to C-4 with Conditional Use to permit 95SN0197 outside storage, multi-family residential and townhouse residential uses. Approved (5/1995) Amendment of Cases 95SN0197 and 97SN0162 relative to buffers, access 97SN0239 restrictions and density. Approved (7/1997) Proposal The ordinance permits an EMC, with approval of a conditional use, as a changeable copy sign to be incorporated into a freestanding sign. The applicant requests approval of a Conditional Use to incorporate an EMC into a freestanding sign for a convenience store with gasoline sales. The applicant has indicated that the EMC portion of the proposed sign would provide information on gasoline prices limited to an electric numerical display (Exhibit B, Attachment 3). Freestanding outparcel signage is limited to 20 square feet in area (increased to 25 square feet with changeable copy) and eight (8) feet in height. As proposed, the sign (measuring approximately 23 square feet in area and 8 feet in height) would comply with these limitations. The sign would be located on Hull Street Road as generally shown on Exhibit A (Attachment 2). EMC Policy request would not comply with the EMC Policy regarding placement because the sign would be located and visible along a corridor where EMCs are prohibited (Hull Street Road between Courthouse Road and Route 288). While the sign does not comply with the EMC Policy relative to its location in a prohibited area, many similar signs are in use throughout the county with no known adverse impacts. 418SN0545-2018FEB28-BOS-RPT The EMC Policy includes additional measures intended to reduce visual impacts of such signs. The following chart provides an overview of the conditions acceptable to the applicant to mitigate the impact of the EMC on area properties: Electronic Message Center (EMC) Component Overview Requirements Details Limited to numerical display as depicted Copy Lines /ƚƓķźƷźƚƓ Њ͵ğ͵ ğƓķ 9ǣŷźĬźƷ . Twice daily Frequency of Message Change /ƚƓķźƷźƚƓ Њ͵Ĭ͵ Sequential, Flashing or Travelling Prohibited Messages, Bijou Lighting & Animation /ƚƓķźƷźƚƓƭ Њ͵ĭ͵Ͳ ķ͵ ğƓķ Ļ͵ Not exceed 0.3 foot candles above ambient light as measured at a distance of 50 feet Brightness Require a photocell to adjust sign brightness, based on ambient light conditions /ƚƓķźƷźƚƓ Њ͵Ņ͵ Numeric Display of Gasoline Prices Historically, changeable copy signs displaying numerical gasoline prices electronically were permitted without conditional use approval, under an interpretation by the Planning Director finding them similar to the by-right permission in the ordinance for numeric time and temperature displays. As a result, changeable copy signs displaying gasoline prices electronically did not have to meet the EMC Policy and the policy was not drafted with those in mind. Today, numerous changeable copy signs displaying gasoline prices electronically exist in the County. In September 2015, the County amended Article IV Division 6, Signs as a result of a United States Supreme Court ruling which prohibited regulation of signs based on content. As a result of that accordingly, electronic changeable copy signs for gasoline prices now require conditional use and are subject to the EMC Policy. 518SN0545-2018FEB28-BOS-RPT UTILITIES Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov Installation of the proposed sign will not impact the required use of the public water and wastewater systems, the applicant is reminded that signs are not permitted within water and wastewater easements. COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov FIRE AND EMERGENCY MEDICAL SERVICES Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov This request will not impact these facilities. 618SN0545-2018FEB28-BOS-RPT CASE HISTORY Applicant Submittals 08/07/17 Application submitted 10/18/17 & Application amended 12/29/2017 12/28/17 Revised sign rendering submitted Planning Commission 10/17/2017 Action 11/21/2017 Action 1/16/18 Citizen Comments: No citizens spoke to this case. Recommendation APPROVAL AND ACCEPTANCE OF THE CONDITIONS IN ATTACHMENT 1 Motion: Jackson Second: Freye AYES: Sloan, Jackson, Freye, Jones and Wallin The Board of Supervisors on Wednesday, February 28, 2018, beginning at 6:00 p.m., will consider this request. 718SN0545-2018FEB28-BOS-RPT ATTACHMENT 1 CONDITIONS Note: The following conditions are recommended by the Planning Commission and Staff. 1.Electronic Sign. The computer-controlled, variable message, electronic sign shall conform to the following standards: a. Copy shall be limited to a numerical display as generally depicted on Exhibit B, provided by MJH Project, Inc., dated December 21, 2017, and shall not move but may fade; b. The message or display shall be programmed to change no more than twice every twenty-four (24) hours; c. Sequential messaging shall be prohibited; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animation effects shall be prohibited; and, f. 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 50 feet. The computer-controlled, variable message, electronic sign shall have a photocell that automatically adjusts the brightness according to ambient light conditions. (P) 2.The sign shall be located as generally depicted on Exhibit A, provided by Rummel Klepper & Khal, LLP last revised August 24, 2016. (P) 818SN0545-2018FEB28-BOS-RPT ATTACHMENT 2 EXHIBIT A, SIGN LOCATION Proposed EMC Sign 918SN0545-2018FEB28-BOS-RPT ATTACHMENT 3 EXHIBIT B, SIGN ELEVATION (Submitted 12/28/2017) 1018SN0545-2018FEB28-BOS-RPT