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05SN0280-Aug24.pdf July 19,2005 CPC August 24, 2005 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 05SN0280 The Argent Group Clover Hill Magisterial District South line of Midlothian Turnpike REQUEST: Conditional Use Planned Development to allow a secondary project sign. PROPOSED LAND USE: Commercial uses are planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 1. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The current sign standards of the Ordinance provide adequate identification for uses on the property. B. Approval of this request could encourage other businesses to seek similar exceptions. (NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION. ) Providing a FIRST CHOICE community through excellence in public service CONDITION (CPC) A freestanding sign identifying the project shall be permitted on Research Road. Such sign shall not exceed thirty (30) square feet in area and eight (8) feet in height. (P) GENERAL INFORMATION Location: South line of Midlothian Turnpike and the east line of Research Road. Tax IDs 743-708- 4366,4688, 5588, 6368, 6883, 7498 and 7869 (Sheet 6). Existing Zoning: C-5 Size: 4.8 acres Existing Land Use: Commercial or vacant Adjacent Zoning and Land Use: North - C-3; Commercial South, East and West - C-5; Commercial UTILITIES Public Water System: There is an existing thirty (30) inch water line extending along the south side of Midlothian Turnpike, adjacent to this site. In addition, an eight (8) inch water line extends onto the request site from the thirty (30) inch water line along Midlothian Turnpike. Placement of the proposed sign must not be in conflict with the existing public water lines and easements. Public Wastewater System: This request will have no impact upon these facilities. ENVIRONMENTAL AND PUBLIC FACILITIES This request will have no impact upon these facilities. 2 OSSN0280-AUG24-BOS LAND USE Comprehensive Plan: Lies within the boundaries of the Northern Area Plan which suggests the property IS appropriate for general commercial use. Area Development Trends: Area properties along this portion of Midlothian Turnpike and Research Road are zoned Community Business (C-3) and General Business (C-5) and are developed for commercial uses. Replacement of Existing Freestanding Signs: The property is currently under redevelopment as one project. Previously, the site contained three (3) freestanding signs identifying former businesses (Ski Center, Jim Walter Homes and Kambourian Rugs - signs A, B and C on the attached plan). These signs were nonconforming relative to both area and height. The Ordinance permits the replacement of these nonconforming signs if the signs are brought into conformance with current Ordinance requirements or if the area and height of the signs are reduced by fifty (50) percent of the amount that the size and height exceed the current Ordinance requirements (hereafter referred to as "averaging"). The applicant proposes to replace these three signs with two individual business signs and one sign identifying the project along Midlothian Turnpike. Rather than bring these signs into conformance with current Ordinance standards for new business signage, the applicant has elected to use averaging, thereby maintaining sign areas and heights significantly above that allowed for new development. A billboard which was previously located on the property has also been removed. Project Identification Sign: Currently, the Ordinance permits one (1) freestanding sign identifying a project, fifty (50) square feet in area and fifteen (15) feet in height. Should the property front two major arterials, two (2) freestanding signs of this same size identifying the project would be permitted on each arterial. Should the property front on a major arterial and a collector road, a second freestanding project sign, thirty (30) square feet in area and ten (10) feet in height would be permitted on the collector road. The property has frontage on both Midlothian Turnpike and Research Road, however Research Road is not classified as a major arterial nor a collector road on the County's Thoroughfare Plan. Therefore, one (1) freestanding sign identifying the project is permitted along Midlothian Turnpike. Through the averaging method, the applicant's project identification sign along Midlothian Turnpike is proposed to be 120 square feet in area and twenty-four (24) feet in height. In addition, the applicant is requesting that a second freestanding sign, thirty (30) square feet in area and eight (8) feet in height identifying this project be permitted along Research Road (Sign "D"). (Condition) 3 OSSN0280-AUG24-BOS Individual Business Signs: As per the Ordinance, individual businesses would also be permitted freestanding signs not to exceed twenty (20) square feet and eight (8) feet high. As noted herein, use of the averaging method would allow the replacement of existing freestanding signs. CONCLUSION Ordinance restrictions associated with nonconforming uses were designed to bring such uses into closer compliance with current guidelines. Rather than bring such signage into compliance with today's standards, the applicant has elected to use an averaging method in replacing the three (3) nonconforming signs along Midlothian Turnpike, to include the project identification sign. As a result, the size and height of these signs, although reduced, will be in excess of current Ordinance limitations for new signs. Providing additional signage along Research Road further exacerbates this situation. The current sign standards of the Ordinance provide adequate identification for uses on the property. Further, approval of this request could encourage other businesses to seek similar exceptions. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (7/19105): The applicant did not accept staff s recommendation, but did accept the Planning Commission's recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Wilson, the Commission recommended approval subject to the Condition on page I. AYES: Unanimous. The Board of Supervisors, on Wednesday, August 24,2005, beginning at 7:00 p.m., will take under consideration this request. 4 OSSN0280-AUG24-BOS ""J I t) - u u ~ I ....... u lr q: u 00 CO" Ne.. 0" z=! (l)U It)~ O~ . > > u - Q) Q) LL o o CD w ~ Q.. Z a:::: ::::> f- z <{ I f- a --1 o :2 ~II! I, ~ .. z -- ~ if) if) w U u « o w cr <.( (,n Iw U1cr '·0 ~« ::>ú) G'0 ::Jo a::: ~ II «< e:~ ~ ~< o to W I- :::J a 0::: z ::5 a.. z (!) - en ~ I" ( ):1 o - r-.---' ~ I I If I !Èf" --~ ~ ð l I I ~ "bJ-l"IIIIIIIIIIII 1JillJ III' m ------------ RESEARCH ROAD -' ,,-q;:- -==--~ . .# I: - P z C) Cf) /--- - 05 5NO Z. 80-1