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Home My WebLink About05-08 BOS Staff Report CONDITIONAL USE PERMIT #05-08 BUBBLE WORKS Staff Report for the Board of Supervisors Prepared: October 1, 2008 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: 07/02/08 Recommended approval Board of Supervisors: 10/08/08 Pending LOCATION: This property is located at the intersection of North Frederick Pike (Route 522 North) and Westminster-Canterbury Drive (Route 1318). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53-4-2-D PROPERTY ZONING & PRESENT USE: Zoned: B-2 (Business General) District Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) Land Use: Commercial South: B-2 (Business General) Land Use: Commercial East: B-2 (Business General) RP (Residential Performance) Land Use: Commercial/Residential West: B-2 (Business General) Land Use: Commercial PROPOSED USE: This application is for an off-premises sign. CUP #05-08, Bubble Works October 1, 2008 Page 2 REVIEW EVALUATIONS: Planning and Zoning: The Frederick County Zoning Ordinance allows for off-premises signs with an approved Conditional Use Permit (CUP). 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. This off-premises business sign is illuminated; standing approximately fifteen (15) feet in height with sign face area of approximately fifty (50) square feet. The sign will be located on property that is adjacent to N. Frederick Pike (Rt.522). There are currently two (2) business signs located on this sign structure reading “Westminster Canterbury” and “Bubble Works” (See illustration by applicant). This off-premises sign will be used for “Westminster Canterbury” only and no other signage will be allowed on this site (See illustration 1). The current sign face size of fifty (50) square feet shall not be increased in size, and the current sign height of fifteen (15) feet shall not change. This proposed sign meets the distance requirements for signage, as noted within the Frederick County Zoning Ordinance STAFF CONCLUSIONS FOR THE 07/02/08 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 and 50 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 07/02/08 MEETING: The applicant’s representative, Mr. John Lewis of Painter-Lewis, P.L.C., explained this situation has come about as the result of two land owners entering into an agreement to sell their properties to CVS Pharmacy; CVS Pharmacy will combine four lots and eliminate the Bubbleworks buildings. The zoning ordinance allows only one business sign per parcel. CUP #05-08, Bubble Works October 1, 2008 Page 3 Mr. Lewis said changing the status of the Westminster-Canterbury sign to a legally conforming off-premise business sign will allow his client the opportunity to put another business sign on the parcel. One citizen spoke during the public comment portion of the hearing. Mr. Norman Sites, C.P.A., was representing two existing businesses in this area that were opposed to having CVS Pharmacy locate here or to place a sign here because it would change the business character of the community. Mr. Sites pointed out that his clients’ signs were here first and the Westminster- Canterbury sign is grandfathered. He added that his clients’ businesses, as they are currently conducted, will fail because they will not be able to withstand this type of change in business character. No issues were raised by Commission members. The Planning Commission unanimously recommended approval of the conditional use permit with the following conditions: 1. The sign shall be properly maintained. 2. This illuminated off-premises business sign shall not exceed 15 feet in height and 50 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: Commissioners Thomas and Ours were absent from the meeting.) Following the required 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.