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07SN0362 Jul)T 17, 2007 CPC September 18, 2007 CPC October 21,2007 BS No'/ember 28,2007 BS January 9, 2008 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 07SN0362 Mt. Gilead Full Gospel International Ministries Clover Hill Magisterial District Off the north line of Hicks Road REQUEST: Conditional Use to permit a computer-controlled variable message electronic sign. PROPOSED LAND USE: A computer-controlled variable message electronic sign incorporated into a freestanding sign is planned to identify the church and associated activities. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. HOWEVER, SHOULD BOARD WISH TO APPROVE, RECOMMEND THAT THE PROFFERED CONDITION NOT BE ACCEPTED AND THAT THE CONDITIONS NOTED AS " CPC " ON PAGE 2 BE IMPOSED. STAFF RECOMMENDATION Recommend denial for the following reasons: A. The proposed does not conform to the adopted Electronic Message Center Policy for such signs which suggests that they should be prohibited within the Route 360 Corridor. B. Further, the proposed sign does not comply with the Electronic Message Center Policy relative to lines of copy and display colors. (NOTE: CONDITIONS MAY BE 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 Providing a FIRST CHOICE community through excellence in public service "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITIONS ( CPC) 1. Any freestanding sign incorporating a computer-controlled variable-message electronic sign shall be located as depicted on the plan identified as "Exhibit A". (P) (CPC) 2. Any computer-controlled variable-message electronic shall be subject to the following standards: a. Copy shall be limited to a maximum of two (2) lines which shall not move, but may fade; b. The message or display shall be programmed or sequenced to change no more than once every ten (10) seconds; c. The copy display color shall either be white or yellow; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animation effects shall be prohibited; and f. Such sign shall not be operational nor shall the electronic sign face component be lighted between the hours of 10:00 PM and 6:00 AM. (P) (CPC) 3. This Conditional Use shall be granted for a period of two (2) years from date of approval and may be renewed upon satisfactory demonstration that the sign has not adversely affected area property owners. (P) PROFFERED CONDITION 1. Any freestanding sign incorporating a computer-controlled variable-message electronic sign shall be located as depicted on the plan identified as "Exhibit A" and shall not exceed a height of six (6) feet. (P) 2. Any computer-controlled variable-message electronic sign shall be subject to the following standards: a. Copy shall be limited to a maximum of four (4) lines which shall not move, but may fade; b. The message or display shall be programmed or sequenced to change no more than once every ten (10) seconds; 2 07SN0362-]AN9-BOS-RPT c. The copy display color shall either be white or yellow; d. Flashing and traveling messages shall be prohibited; e. Bijou lighting and animation effects shall be prohibited; and f. Except for nationally recognized holidays, such sign shall not be operational nor shall the electronic sign face component be lighted between the hours of 11 :00 PM and 6:00 AM. (P) GENERAL INFORMATION Location: Off the north line of Hicks Road, across from Lockhart Road. Tax ID 759-694-Part of 3145. Existing Zoning: A Size: 4.1 acres Existing Land Use: Public/semi-public (church) Adiacent Zoning and Land Use: North, South, East and West - A; Public/semi-public (church), commercial or vacant UTILITIES~ ENVIRONMENT AL~ AND PUBLIC FACILITIES The proposed sign will have no impact on these facilities. LAND USE Comprehensive Plan: Lies within the boundaries of the Route 360 Corridor Plan which suggests the property is appropriate for community mixed use uses. Area Development Trends: 3 07SN0362-]AN9-BOS-RPT The area is characterized by commercial zoning and uses to the south along Hull Street Road, while property to the north, east and west is zoned Agricultural (A) and is occupied by church uses or remains vacant. The Plan anticipates a mix of uses to continue in this area. Sign Design: The applicant plans to incorporate a computer-controlled, variable message electronic sign into a proposed freestanding sign. The proposed sign and computer-controlled, variable message electronic sign would comply with the requirements of the Zoning Ordinance which currently permit a freestanding sign 62.5 square feet in area (including changeable copy) at a height of fifteen (15) feet. The proposal would comply with the adopted electronic message center policy relative to timing of message changes and lack of flashing and traveling messages, bijou lighting and animation (Proffered Condition). The proposal would not comply with the Policy relative to the locational criteria, display color and lines of copy, as discussed herein. Location: The Policy suggests that electronic message centers should not be permitted within the Hull Street Road Corridor, between Courthouse Road and Chippenham Parkway. The request property is located within this area and, as such, the request does not meet the Policy. Display Color: The Policy suggests that display colors for electronic message centers be limited to white or yellow. The applicant wishes to have red as an additional color. As such, the request does not meet the display color limitations. Lines of Copy: The Policy suggests that lines of copy for electronic message centers be limited to two (2). The applicant wishes to be allowed up to four (4) lines of copy. As such, the request does not meet the lines of copy restrictions. CONCLUSIONS The proposed computer-controlled variable message electronic sign does not conform to the adopted Electronic Message Center Policy for such signs relative to locational criteria, lines of copy and display color limitation. The requested exceptions to the Policy could set a precedent for similar requests. Given these considerations, denial of this request is recommended. CASE HISTORY 4 07SN0362-]AN9-BOS-RPT Staff, Applicant, Area Property Owners, Clover Hill Commissioner (7/9/07): A meeting was held to discuss this request. Concerns were expressed relative to the location of the sign, hours the sign will be operational and impact on adjacent residents. Area property owners scheduled a visit to the site with the applicant. Planning Commission Meeting (7/17/07): On their own motion, the Commission deferred this case to September 18, 2007. Staff (7/18/07): The applicant was advised in writing that any significant new or revised information should be submitted no later than July 23, 2007, for consideration at the Commission's September 18, 2007, public hearing. 5 07SN0362-]AN9-BOS-RPT Staff (8/8/07): To date, no additional or revised proffers have been received. Planning Commission Meeting (9/18/07): The applicant did not accept the recommendation. There was support present indicating the sign would allow the church to provide messages to the members. There was opposition present indicating the proposal fails to comply with the policy; could set a precedent for approval of other such signs in the area: and that is the sign's lighting would adversely impact area residents. Mr. Gulley indicated he had attempted to reach a compromise to allow an electronic sign under certain circumstances; however, to date the applicant had been unwilling to agree to the typical design standards; restrict the timing of the message changes similar to the limitation placed on a recent approval for a county school; nor to relocate the sign so as to minimize the sign's visibility from area residents. Mr. Gecker indicated that he could support a sign subject to similar conditions as those imposed on Midlothian High School On a motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended denial. However, the Commission indicated that should the Board wish to approve this request, the Proffered Condition should not be accepted and that Conditions 1 through 3 on page 2 noted as " CPC " should be imposed. AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson. Applicant, Staff and Clover Hill District Supervisor (10/18/07): A meeting was held on-site to discuss the sign proposal. Board of Supervisors (10/24/07): At the request of the applicant, the Board deferred this case to November 28, 2007. Staff (10/26/07): The applicant was advised in writing that any significant, new or revised information should be submitted no later than October 30, 2007, for consideration at the Board's November 28, 2007, public hearing. 6 07SN0362-]AN9-BOS-RPT Also, the applicant was advised that a $230.00 deferral fee must be paid. Staff (10/30/07): To date, no new information has been submitted, nor has the deferral fee been paid. Applicant (11/27/07): The deferral fee was paid. Board of Supervisors' Meeting (11/28/07): This case was carried over to the Board's January 9, 2007, meeting since the Procedures of the Board prohibit consideration of zoning cases after November 6, 2007, given that a majority of the Board was not re-elected. Applicant (12/6/07): Revised proffered conditions were submitted. The Board of Supervisors, on Wednesday, January 9, 2008, beginning at 6:30 p.m., will take under consideration this request. 7 07SN0362-]AN9-BOS-RPT This page is blank. " 1\' C\I .... - - .." , .0 I' , ON I r \ \ ~ I Q) Q) o LL o CD o N CD M · O~ Z · UJO I'- EJ'" 0.... . . . . o o cry o o CD /A This page is blank. "-- ........, '.... "'.... ! '''-.... / -'- ! ."-. I "~ / ........, ! "' / "",J o 0 ''-, o 0 o 0 o 0 o u c:::> D 1 PARTIAL SITE PLAN SCALE~ 1 ~ - 1 err -{j FROFERTY Ur\le PER; \!.ETER OF / B35T1NG BLJE.D~NG / ! EX]5T(NG / / FiRE LANE. / / ~ B(iSTlNG ~L / SCREEN WAU. ~ ~~----- / NEW S:-..RfE~.i WN.J.5 t>-IEV! 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