91SN01143annary-~5;-~99t-SPS
February 27, 1991BS
REQUEST ANALYSIS
AND
RECOMMENDATION
91SN0114
Brandon Corporation
Clover Hill Magisterial District
Northwest and southwest quadrants of Courthouse Road
and Sunset Hills Drive
REQUEST: Conditional Use to permit two (2) outdoor advertising signs in an
Agricultural (A) District.
PROPOSED LAND USE:
The applicant seeks permission for two (2) permanent off-site signs at
the intersection of Courthouse Road and S~nset Hills Drive, to
identify Brandon Subdivision which is located along Sunset Hills
Drive, west of Courthouse Road.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 1 AND 2.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
Approval of this request could establish a precedmnt for s~m~]ar
requests, thereby resulting in sign proliferation along this portion
of Courthouse Road.
The Zoning Ordinance permits adequate on- and off-site signage to
direct the way to properties which are for sale or rent.
(NOTE: TIIE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGPR~?~ UPON BY BOTH STAlrF AND
THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" AILE RECOMMENDE~ SOL~.I.Y BY STAI~.
CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMEND~ BY ~
PLANNING COMMISSION. )
CONDITIONS
(cpc) 1.
Until such time that Courthouse Road is widened, a single sign
identifying Brandon Subdivision shall be permitter not to exceed
thirty-two (32) square feet in area. The colors used in this
sign shall be earth tones and blend with the surrounding' area.
Only one (t) outdoor advertising sign shall be permittmd on this
(cpc) 2.
parcel. The area of this sign shall be counted as part of the
total aggregate for all signs permittedon this property. (CPC)
Within sixty (60) days of the completion of the Courthouse Road
widening, the sign identified in Condition 1 shall be removed and
two (2) permanent signs may be erected, each not to exceed, twenty
(20) square feet in area. Such signs shall be mounted on brick
ornamental walls and shall be restricted to identify Brandon
Subdivision. Further, except where specified herein, such signs
shall comply with the applicable requirements of Sections
21.1-265, 21.1-266 and 21.1-267 (j) of the Zoning Ordinance.
(cpc)
GENERAL INFORMATION
Location:
Northwest and southwest quadrants of Courthouse Road and Sunset Hills
Drive. Tax Map 38-11 (1) Part of Parcels 9 and 13 ~(Sheet 14).
EXisting Zoning:
A with a Special Exception to permit an outdoor advertising sign
Size:
0.1 acres
Existing Land Use:
Outdoor advertising sign or vacant
Adjacent Zoning & Land Use:
North, South, East and West - A; Single family residential
PUBLIC FACILITIES
Utilities; Drainage and Erosion; and Fire Service:
Approval of this request will have no impact upon these facilities.
Transportation:
The Thoroughfare Plan identifies Courthouse Road as a major.arterialwith a
recommended right of way width of 120 to 200 feet. This section of
Courthouse Road will be widened to a four (4) lane divided highway with
paved shoulders for bike lanes. A minimum of 120 feet of right of way will
be needed. According to %q)OT's Six Year Construction Program, rigltt of way
acquisition is scheduled to begin in the Spring of 1991 and construction is
anticipated to begin in the S,~,~er' of 1992.
2 91SN0114/PC/FEB27M
LAND USE
General Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Land
Use and Transportation Plan, which designatea the property for medium
density residential use (1.51 to 4.00 units/acre).
Area Development Trends:
Properties along this portion of Courthouse Road are zoned residentim]]y
and agriculturally and are occupied by single family residences or are
vacant.
Zonin~ History:
On July 2, 1986, the Board of Zoning Appeals approved a Special Exception
(Case 86A092) to permit a temporary outdoor advertising sign on a portion
of the request property (the southwest quadrant of Courthouse Roa~ and
Sunset Hills Drive) to advertise sites for sale or lease within Brandon
Subdivision. This sign was approved subject to the following conditiona:
CONDITIONS
Special Exception shall be granted to and for Brandon development
Corporation, exclusively, and shall not be transferable nor run
with the land.
This sign shall be removed when eighty percent (80%) of the sites
in the project are sold or leased, or within five (5) years of
the date of approval, whichever comes first.
The sign shall not exceed thirty-two (32) squar~ feet in area.
The colors used in this sign shall be earth tones and blend with
the surrounding area.
0nly one (1) outdoor advertising sign shall be permitted on this
parcel. The area of this sign shall be counted as part of the
total aggregate area for all signs permitted on this property.
This Special Exception will expire on July 2, 1991, or when eighty (80)
percent of the lots in Brandon are sold or leased, whichever occurs first.
On April 12, 1989, the Board of Supervisors adopted the "new" Zoning
Ordinance (Chapter 21.1). The "newn Ordinance requires a Conditional Use
for outdoor advertising signs in Agricultural (A) Districts.
Conclusions:
As noted herein, the applicant seeks a Conditional Use to permit two (2)
permanent off-site signs, at the intersection of Courthouae Road and Sunset
Hills Drive, to identify Brandon Subdivision which is located along Sunset
Hills Drive, west of Courthouse Road. Typically, the Zoning Ordinance
3 91SN0114/PC/FEB27M
would permit two (2) such signs on property of the subdivision itself and
at the entrances not exceeding twenty (20) square feet each provided such
signs are mounted on ornamental walls or other such features. The subject
signs are not located on the subdivision property. Brandon Subdivision
does not have frontage along Courthouse Road.. Similar situations exist
throughout the County where the entrance to the subdivision itself is off
of a minor road, rather than a major road. In particular, as vacant
property located off Courthouse Road or other major corridors is developed,
others may desire to erect similar signage to advertise subdivisions that
have no frontage on these corridors.
It should be noted that thc Zoning Ordinance permits, by right, as m~ny as
three (3) temporary off-site real estate signs, each not exceeding two (2)
square feet, along any one (1) street to direct the way to properties for
sale or lease. Therefore, the Zoning Ordinance would permit three (3) such
signs along Courthouse Road, as well as Sunset Hills Drive, provid-d such
signs are located on separate parcels. Staff is of the opinion that the
Ordinance provides for sufficient signage.
Approval of this request could establish a precedent for other subdivisions
located off of major corridors to seek s~m~lar signage, resulting in sign
proliferation not only along Courthouse Road, but other major corridors in
the County. Given that the Ordinance provides for sufficient signage and
the precedent that could be established', staff recommends denial of this
request.
CASE HISTORY
Planning Commission Meeting (1/15/91):
The applicant did not accept staff's recommendation, but did appeaz to
accept the Planning Commission's recommendation.
There were two (2) people present in support of the request. One person
indicated that these type of signs help to sell homes and thereby improve
the County's economy. A second person who resides in Brandon and also
sells homes in Brandon indicated the sign was needed to adequately identify
and advertise the subdivision.
There was one (1) person present in opposition to this request. Concern
was expressed that .approval could establish a precedent for future such
requests by others.
On motion of Mr. Warren, seconded by Mrs. Boisinmau, the Commission
recommended approval of this request, subject to the conditions on pages 1
and 2.
AI~ES: Messrs. Warren, Belcher and Mrs. Boisineau.
NAYS: Messrs. Perkins and Miller.
4 91SN0114/PC/FEB27M
%~ne Board of Supervisors on Wednesday, February 27, 1991, beginning at Z:00
p.m., will take under comsideration this request.
5 91SN0114/PC/FEB27M
ZONIZ~G DISCLOSURE AFFIDAVIT
I, ~-<gL)~{_/d._~ ~_,.. ~,~9~)~'T" , do hereby swear or affu-m tha~: to
the bes~ 0£ my ~uow].ed~e ~d beJde~, t_~e ~oHow-ing ~'Joz'~on ~ tz-ze:
t. ~ ez~ t. he a~pH¢~_u~ ~or the ln~d, use ~mendment on paz~el number
1 of tax map uumber ~ ~ - 1 f -~ f oCd~ -g~- f ~
2. With the exception of governmental entities and public service
companY, es ow~g recorded easements over the proper't~ (the "Subject
Proper%7") wDdch is the subject of the Iand'use amendment application referred
t~"in Paragraph l, the' foLtowin~ '~ 'a 1L~t of the names and addresses of all
· p~rsons own~'g any leg~/ or ~qu/table interest Ln the subject Property as a
owner, lessee, easement owner~-'cantract purchaser, assf~'aee, optionee,
Hcensee or noteholder, including trustees, beneficSzries cf trusts, Eener~I
p'a~ers, ~ted partners and aLI other nature/ or arldficlai persons:
Name Address
Ty~e of 'Ownersh/p Interest
3. The EoLIowing Ls ~ ti~t '0£ ~e n~es ~d ~d~es~es of ~ n~ ar
~ci~ per~ons ow~g ~ ~eres~ in ~y co~or~on, p~ners~p, ~o~:
'' venture, ~s~ or other ~c~ per,on ~s~osed ~ P~a~aph 2 (other ~
~ose Hs~ed ~ P~a~aph ~ or P~a~aph ? b~ow) w~ has a ~a~ of ~en or
fewer sh~eholders, p~ners, bene~es or o~ers:
Name Add~ess
VA., ~- ~1~ ...~
Name of Art~.~c/sl Person
~C~4o~46)~ VA.
Mlt::~LO-I'~IAtkl. VA /"z.:~I13
'711
-2- SMI nwp 4770: N27
The foLIowing ~s a list of t/xe mames and addresses o£ s/I narurs/ or
persons o~g 1~% cr more ,f ~y ~s of ~cck ~sued by a
corpora~on or ~ ~srest cf 10% or more ~ ~y p~srs~p, ~o~ venire,
a~er ~~ person ~s~osed ~ P~a~aph 2 (a~her ~ ~ose
P~a~aph ~ or T b~ow):
Name Address
Name of Corporation
-3- $Mlnwp4TT0: N2T
~. If any of the per~on-- d/sc/osed in Paragraphs 3 or 4 above L~ a
ccrpora~cn, p~=e=s~p, ja~ yen=e, ~s: or a~er ~~ person, ~e
"f~o~g is a ~s~ of ~ members of ~he Bo~d of Supe~ors of Chester~d
Co~. ~e Chester~eld Co~ PI=~g Core.sion or ~e~ ~me~a~e
easemen~ owner, con~rac~ purch~er, lessee. ~ee. oN~onee or Hcensee.
~er ~du~y or by owners~p of ~ ~terest ~ a corpora~on. ~st.
p~ers~p, ~o~t ve~.e or other a~~ .pe~so~ ow~g.~y such ~teres~:
Name of Household Name of Super~dsor Description of Ownership
Member or Comm/ssioner: : '-'" Interest
.- ....... I EAISL -'
-4- SM/nwp4770 :N27
6. I hereby cer~ that the following corlsora~/ons dtsc/osed ~
P~a~aph 2 ~e testy ~aded on a stock ex~ge or ~ ~e over ~e
"co~ter m~ket or have more ~ 100 sh~eholders:
· ' ?. I' hereby cerf/f7 that after the exer~-~e of due a~w;gence, I have
been ~mable to 1earn the identifies of the owners of the following corporal/ohs,
partnersh/ps, ~oLnt ventures, trusts or other ~m/ persons d~s~/osed in
ParagraPh 2:
-6- SM/nwp4770 :N27
8. [£ an~r of the ~ersons disc/osed /n Para~-raDhs ~ oc 4 above ~
co~or~on, p~ers~p, ~o~t venue, ~t or o~e= ~~ person,
"hereb! ce~fT that no membe= of the Bo=d of Supe~so=s of Ches~e~d
Count, ~e Ches~e~e!d Co~ P!=~D Comm~on o= ~e~
households, o~er ~ ~ose Supe~ors, Com~s~oners o= household members
~ed ~ P~a~aph ~ above, owns =I ~teres~ ~ ~e Sub~t P~per~ ~ a
~e owner, e~ement owner, con~ract p~ch~er, lessee, ~si~ee, op~onee or
Ecensee, either ~du~t or bI owners~p of ~ ~erst ~ a corpora~on,
~rust, p~ers~p, ~o~t venture .pr o~er ~c~ person own~ ~7 such
._ 9. P~or to eve~ pubEc he~g ~ come,on ~th ~e ~d use
~en~ent app~ca~on refe~ed.to ~ P~a~aph ! above, I ~ ~e a ~ed
.fo~ above.
WITNESS ~e f~o~g
-6- SM/nwp4770: N27
STATE OF VIRG~IA
COUNTT OF CH]~ST]~.n, So-wit:
State ~ores~d, ~d swore or ~ed ~at ~e ma~e~ ~ted ~ ~e fore~W
Zo~W D~os~ A f~t =e ~e to ~e best of B{~ ~owled~e ~d b~ef.
.. " No'~.rT PuBlic
-7-
SM/nwp4770:
best o£ my knowledge and belie£, the foL~owiug Lu~rmation ~s true:
1. t an: the applicant for the ~-nd use amendment on parcel number
of t= ma.= nu,m~er ,~,ff:, - t '~ -0 I -~0 - 000 -0 ~
2. With the e.~ception of 'governmentaI entit~es and public service
compardes owuLug recorded easements over the proper~y (the "Sub,eot
Property") which is the subject o£ the Iand'use amen4men! appHca~an referred
· ~'Ln Paragraph 1, the' foI/owring is a li~ of the names aud addresses of
-pc=sons owni~'g any legal or ~c!~table iuterest iu the sUb~ec~ Pr~pert-7 as a
"l~tle owner, lessee, easement owner, ccnl:ract purchaser, assignee, opt~onee.
licensee or noteholder, inc!uding trustees, bench,.aries of trusts, gener~
p'a~ers, ~ted partners and aLI other natural or arti~aI persons:
~z~me Add=ess
Ty?e of 'Owuersh~? Interes~
a.~cL~c/s/ persons own/n~ an interes~ in any corporal/on, ps_~r, srship, ]o~n~
''venture, trus~: or other ~.I person d/sc$osed in Para~r. aph 2 (other ths. n
those I~sted in Para~-raph ~ or Para~-raph 7 be/ow) wh/ch has a tots/ of ten or
fewer shareholders, partners, benef~c;.ar/es or o~ers:
Name Address
MI ~I--O"'FH IA~N,, VA,. ,2~-t~ .
Name of Artif[c/al Per, an
-2- SMlnwp4770: N27
"c~rpora~on or ~ ~eres~ of 1~ or ~ore ~ ~y p~ers~p, ~o~ venire,
~s~ or c~er ~~ pe~on ~s~osed ~ P~aph 2 (c~her ~ ~ose
~ted ~ P~a~ph ~ or T b~ow):
- Name Address
-3- SM/nwp4770: N27
5. if a~y cf the persans cl~sc~osed in Paragraphs 3 or 4 above ~ a
ca. craYon, p~e~p, jc~: venue, t~ ar a~er ~~ person, ~e
'f~g ~ a ~ of ~ m~bers of ~e Bo~d' of Supe~ors of Ches~er~d
Co~, ~e Chester~d Co~ P~g Com~s~an ar ~ imme~e
households a~g ~y ~e~s~ ~ ~e Sub~ec~ P~per~ ~ a ~e awner,
e~emen~ awner, con.ct push.er, lessee, ~~. ap~anee or Hcensee,
~er ~du~y or by o~ers~p of ~ ~e~ ~ a co~arafion,
p~ersMp, ~o~t ve~.e or o~er ~~ person ow~g ~y such ~terest:
Name of Household Name of Supe.~Lsor Dese---iption of Ownership
~ember or Commissioner' In2eres~
-4- SMlnwp477(]: N27
"co~ter m~ket or ~ve more ~ lO0 sh~ehold~s:
-5- ,':: M/nw'p 47'7'0: N27
8. If ant of the per~ons d/s ~c!osed in Para%~Taphs 3 o= 4 above ~ a
co~ora~on, p~ers~p, j~t yen=e, ~ or o~er ~~ person,
"herebT ce~ t~t no member of ~e Bo=d of Supe~sors of Ches=s~etd
Count, ~e Ches~e~eld Co~ P~~ Come.on or ~ ~me~ate
households, u~e= ~ ~0se Supe~o=s, Com~one=s o= househoId members
~e owner, e~ement o~er, contra~ p~er, lessee. ~ee. op~onee or
Hcensee, ei~ ~du~t or bi owners~p of ~ ~terst ~ a
~us~, p~ers~p, ~o~t vent~e or o~er ~i~ person ow~g ~t such
~terest.
.. 9. P~or to eve~ pubEc he~g ~ come.on ~ the ~d use
~en~t app~on r~e~ed.to ~ P=~ph 1 above. I ~ ~e a
Zo~g D~os~e A~~ ~ ~ere ~ been ~y ~ ~ ~e ~o~a~on set
.fo~ above.
-6- SM/nwp4770:
Zo,~' Di.sc~.omx_--e P,~dav~t. am~ t:r~e t~ t~e bes~: o~ 'm~ k~xowlectge and bel~e~.
-7- SM/nw~4770: N'27