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Home My WebLink About10-05 BOS Staff Report - August`GK ' Cllr 4� CONDITIONAL USE PERMIT #10-05 w WILLIAM BROY Staff Report for the Board of Supervisors „3a Prepared: August 16, 2006 Staff Contact: Kevin T. Henry, Planning Technician 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: 06/21/06 Recommended Approval Board of Supervisors: 07/26/06 Postponed by the Board Board of Supervisors: 08/23/06 Pending LOCATION: The subject property is located at 3605 Valley Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-A-84 PROPERTY ZONING & PRESENT' USE: ADJOINING PROPERTY ZONING & USE: North: B3 (Industrial Transition) South: B3 (Industrial Transition) East: B 1 (Neighborhood Business) West: B2 (General Business) Zoned: 133 (Industrial Transition) Land Use: Residential Land Use: Residential Land Use: Commercial Land Use: Commercial Land Use: Commercial PROPOSED USE: Erection of an off -premises business sign REVIEW EVALUATIONS: Virginia Dept. of Transportation: In accordance with the laws of the Commonwealth of Virginia, no private advertisement sign can be placed on the State's right-of-way. Prior to erection on private property, a permit may have to be applied for through our District Office in Staunton. Fire Marshal: Plan approval recommended. CUP #10-05, William Broy August 16, 2006 Page 2 Inspections Department: Sign shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code/2003. Structural plans submitted for permit application shall be sealed by a Va. Licensed Design Professional. Sanitation Authority: The installation of the sign will not impact our sewer easement. Planning and Zoning: This proposed off -premises business sign will stand ten feet in height and have a sign face area of 50 square feet. The sign will be located on property adjacent to Valley Pike (Route 11). Careful consideration of this Conditional Use Permit may be warranted due to the location of this sign along the Route 11 highway corridor. Section 165-30D of the Frederick County Zoning Ordinance specifies when considering a Conditional Use Permit (CUP) for 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 values 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. Furthermore, the appearance along the Route 11 highway corridor would be further enhanced by the use of a brick ground monument style sign. Through other land use actions such as rezonings, Frederick County has regulated the location, height, size, and number of signs on properties located along its highway corridors. In addition to these type of land use actions, the 2003 Frederick County Comprehensive Polices states that one of the most effective methods to preserve the appearance of this corridor is to: "limit or prohibit the use of off-site signs along the corridor and encourage the use of monument style signs." (Pg. 6-26). Therefore, approval of this proposed off -premises business sign presented by the applicant is consistent with the goals identified in the Frederick County Comprehensive Policy Plan, by allowing monument style signs to enhance this established corridor. Should the Planning Commission act on an off -premise business sign on this property, Staff would recommend this sign be an externally illuminated brick ground monument type sign. This sign shall not exceed a total height of ten (10) feet and a sign face area of fifty (50) square feet. This proposed off -premises sign will only serve the businesses located along Commonwealth Court. This sign, if approved by the Planning Commission, would be in keeping with the goals identified in 2003 Comprehensive Policy Plan of Frederick County for this highway corridor. CUP #10-05, William Broy August 16, 2006 Page 3 STAFF CONCLUSIONS FOR THE 06/21/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1) The sign shall be a monument -style sign, 50 square -feet in area and no more than ten feet in height. 2) This is classified as a development entrance sign, and is to provide advertisements strictly for businesses along Commonwealth Court. 3) The sign is not to display any material that would constitute it as being classified as a directional sign (messages concerning the distance or direction to particular locations). 4) The sign will consist of a brick base and shall be properly maintained. 5) All review agency comments and requirements shall be complied with at all times. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/21/06 MEETING: Commission members asked the applicant if he was comfortable with the condition that he could only lease sign space to businesses along Commonwealth Court. The applicant replied that he understood he could only advertise for the businesses in Commonwealth Business Park, which included the existing businesses along Commonwealth Court, plus any businesses established in the future further back, which may connect to Commonwealth Court. One Commission member was not in favor of the request because it was not the businesses themselves who were seeking the conditional use permit for off -premise advertising. Other Commission members recognized the need for advertising for those businesses located along Commonwealth Court. There were no public comments. By a majority vote, the Planning Commission recommended approval of the conditional use permit with the following conditions: 1. The sign shall be a monument -style sign, 50 square -feet in area and no more than ten feet in height. 2. This is classified as a development entrance sign and is to provide advertisements strictly for businesses along Commonwealth Court. 3. The sign is not to display any material that would constitute it as being classified as a directional sign (i.e., messages concerning the distance or direction to particular locations). 4. The sign will consist of a brick base and shall be properly maintained. 5. All review agency comments and requirements shall be complied with at all times. CUP #10-05, William Broy August 16, 2006 Page 4 The majority vote was as follows: YES (TO REC. APPROVAL): Unger, Oates, Light, Wilmot, Ours, Kriz, Triplett, Kerr, Mohn NO: Morris ABSTAIN: Manuel (Note: Commissioner Thomas and Watt were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 07/19/06 MEETING: The CUP for the off -premises business sign was postponed due to issues raised by an adjoining property owner (Mr. Boyce), during the public hearing. Mr. Boyce presented to the Board of Supervisors a petition with property owners from Commonwealth Court that are not in agreement with Mr. Broy's off -premises sign request. Mr. Boyce provided further detail that he wished to create a sign that would allow all businesses on Commonwealth Court to participate in. Supervisor Fisher motioned for a 30 day deferral, that the CUP be postponed to resolve the issues raised during the public hearing (motion was approved). ACTION SINCE 07/19/06 BOARD OF SUPERVISORS MEETING: Mr. Boyce applied for a building permit which was rejected because it was an off -premises business sign; the Boyce request was very similar to the Broy CUP application. Mr. Boyce was informed by Planning staff that he would be required to obtain a CUP prior to erection of an off -premises sign. A CUP has yet to be applied for by Mr. Boyce or any other property owner near Commonwealth Court.