Loading...
HomeMy WebLinkAbout01-10 BOS Staff Report - AprilCONDITIONAL USE PERMIT #01-10 CVS PHARMACY SHENANDOAH VALLEY WESTMINSTER-CANTERBURY Staff Report for the Board of Supervisors Prepared: February 25, 2010 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 02/03/10 Recommended approval Board of Supervisors: 02/24/10 Tabled by BOS 04/14/10 Pending EXECUTIVE SUMARY: This is a request for an Off Premises Sign. The Planning Commission unanimously recommended approval of CUP #01-10 at their February 3, 2010 meeting with the following conditions: 1. Sign shall be properly maintained. 2. This illuminated off premises business sign shall not exceed 15 feet in height and150 square feet in face area. 3. Only the Westminster Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of a new Conditional Use Permit. A public hearing for CUP #01-10 was held at the Board of Supervisors’ February 24, 2010 meeting. No citizens spoke either for or against the application. By unanimous vote, the Board of Supervisors tabled CUP #01-10. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. CONDITIONAL USE PERMIT #01-10 CVS PHARMACY SHENANDOAH VALLEY WESTMINSTER CANTERBURY Staff Report for the Board of Supervisors Prepared: February 25, 2010 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 02/03/10 Recommended approval Board of Supervisors: 02/24/10 Tabled by BOS 04/14/10 Pending LOCATION: This property is located at 1379 North Frederick Pike, at the intersection of North Frederick Pike (Route 522) and Westminster-Canterbury Drive (Route 1318). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A-A-5 PROPERTY ZONING & PRESENT USE: Zoned: B-2 (Business, General) Land Use: Retail ADJOINING PROPERTY ZONING & USE: North: B-2 (Business, General) Land Use: Commercial South: RP (Residential Performance) Land Use: Residential East: B-2 (Business General) Land Use: Commercial West: B-2 (Business General) Land Use: Commercial PROPOSED USE: This application is for an off-premises sign. CUP #01-10, Westminster-Canterbury February 25, 2010 Page 2 REVIEW EVALUATIONS: Planning and Zoning: This application for a Conditional Use Permit is in response to a zoning violation received by staff. The applicant was cited for violation of approved Conditional Use Permit #05-08 for increasing the face area size and number of signs. Applying for an updated CUP is an available option to resolve this violation. CUP #05-08 was approved for one (1) sign no larger than fifty (50) square feet in face area. The Frederick County Zoning Ordinance specifies that when considering an off premises business sign, additional performance standards should be considered to promote orderly economic development. These performance standards are to ensure that residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. In addition, standards shall include: height and size limitations of signs, placement of signs along highway corridors, and illumination of signs to mitigate any negative impacts to adjoining properties and uses. The sign will be located on property that is adjacent to the intersection of North Frederick Pike (Route 522 North) and Westminster-Canterbury Drive (Route 1318). This proposed off premises business sign will be illuminated, standing approximately 15 feet in height and face area size of 150 square feet with two (2) business signs located on the sign structure reading “Westminster Canterbury” and “The Premier Retirement Community in the Shenandoah Valley” (see illustration by applicant). The off premises sign will be used for “Westminster Canterbury” only and no other signage will be allowed on this site. This proposed sign meets the distance requirements for signage, as noted within the Frederick County Zoning Ordinance STAFF CONCLUSIONS FOR THE 02/03/10 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. Sign shall be properly maintained. 2. This illuminated off premises business sign shall not exceed 15 feet in height and150 square feet in face area. 3. Only the Westminster Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 02/03/10 MEETING: Representatives of Westminster-Canterbury were available to answer questions from the Commission. CUP #01-10, Westminster-Canterbury February 25, 2010 Page 3 There were no citizen comments regarding the proposed CUP. Commissioners inquired if there was a visibility problem with the sign or if neighbors had voiced concerns about the sign. Staff replied no to both questions. No other questions or areas of concern were raised by the Commission. The Planning Commission unanimously recommended approval of the CUP with the following recommended conditions: 1. The sign shall be properly maintained. 2. The illuminated off-premise business sign shall not exceed 15-feet in height and 150 square-feet in face area. 3. Only the Westminster-Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of a new conditional use permit. (Note: Commissioner Triplett was absent from the meeting.) Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.