8 February 10, 2010 Public Hearing APPLICANT: GREAT NECK FLORIST & GIFTS, LLC PROPERTY OWNER: JOHN SHOMIER

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1 8 February 10, 2010 Public Hearing APPLICANT: GREAT NECK FLORIST & GIFTS, LLC PROPERTY OWNER: JOHN SHOMIER STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit approved by the City Council on September 14, ADDRESS / DESCRIPTION: 3209 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: ROSE HALL SITE SIZE: 37,243.8 square feet AICUZ: 65 to 70 db DNL SUMMARY OF REQUEST The Conditional Use Permit permitting motor vehicle rentals was approved by the City Council on September 14, The Conditional Use Permit has the following six conditions: 1. The hours of operation shall be Monday through Friday, 7:30 a.m. to 6:00 p.m., and Saturday, 9:00 a.m. to 12:00 p.m. 2. The twelve motor vehicles available for rent shall be parked toward the rear of the site as depicted on the submitted plan titled Exhibit of Hertz - Shomier s Shopping Center, 3205 Virginia Beach Boulevard, Virginia Beach, Virginia prepared by MSA, PC and dated 06/01/04. This plan is on file in the City of Virginia Beach Planning Department. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent on the site. Page 1

2 4. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked or dismantled vehicles on the site. 5. The proposed freestanding sign shall not exceed eight feet in height. There shall be no signs placed within the windows, on the doors or on the building. There shall be no pennants, banners, streamers or portable signs placed on the site or the vehicles. 6. All lighting on the site shall be directed downward and into the site. There shall be no light spillover onto the adjacent sites or the public right-of-way. Condition 5 is requested for modification, as it did not allow an electronic display message center sign for the florist that is also located on this site. The existing sign for the motor vehicle rental business will remain and an electronic display sign will be added for the florist. EXISTING LAND USE: Motor vehicle rental operation and florist LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: Across Virginia Beach Boulevard are car dealerships / B-2 Community Business District South: Open Door Chapel / B-2 Community Business District East: Open Door Chapel, retail shops / B-2 Community Business District West: Insurance offices / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant historic or cultural features associated with this site. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this requested modification with revisions as conditioned below. Evaluation: The request for a message center sign to be located as part of an existing sign will not have any negative impacts on the surrounding area. The size and placement of the sign is contained with the existing sign frame, and the conditions placed on this request will control the brightness and the frequency of the messages on the electronic display portion of the sign. CONDITIONS 1. All conditions with the exception of Number 5 attached to the Conditional Use Permit granted by the Page 2

3 City Council on September 14, 2004 remain in affect. 2. Condition Number 5 of the September 14, 2004 Conditional Use Permit is deleted and replaced with the following: The proposed freestanding sign shall not exceed eight feet in height. The proposed sign shall have one LED message center board meeting the requirements of Condition 3. There shall be no signs placed within the windows, on the doors or on the building. There shall be no pennants, banners, streamers, or portable signs placed on the site or the vehicles. 3. The following shall be considered an additional condition of the October 14, 2003 Use Permit and shall apply to the electronic display sign allowed by Condition 2: a. The sign shall not be used to promote or advertise any other businesses, institutions, or events other than those related to the florist located on the property. b. The sign shall have no video playback capabilities, graphic elements, or any matter other than text of a single color, without background illumination. c. The sign shall not have any audio capabilities. Video displays or audio speakers on, or electronically connected to, the signs are not permitted. d. Display messages shall not change more quickly than once every minute and the method of change shall be instantaneous rather than through scrolling, flashing, blinking, or any type of similar intermittent illumination. e. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). f. The sign must be equipped with a working dimmer control device capable of automatically reducing the illumination to the required sunset-to-sunrise level. g. The sign shall not exceed a maximum illumination of five thousand (5,000) candelas per square meter from sunrise to sunset or five hundred (500) candelas per square meter between sunset and sunrise, as measured from the sign face at maximum brightness. h. All wiring to the sign shall be installed underground. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. Page 3

4 AERIAL OF SITE LOCATION Page 4

5 PHOTOGRAPHS OF EXISTING SIGN Page 5

6 PROPOSED LED MODIFICATION TO EXISTING SIGN Page 6

7 /14/04 Conditional Use Permit (motor vehicle rentals) Granted 2 06/11/02 Conditional Use Permit (motor vehicle sales & service) Granted 3 02/27/01 Conditional Use Permit (motor vehicle sales & service) Granted 4 06/13/00 Conditional Use Permit (car establishment) Granted 5 09/14/99 Conditional Use Permit (motor vehicle sales & service) Granted 6 10/14/97 Conditional Use Permit (motor vehicle sales & service) Granted 7 08/14/90 Conditional Use Permit (motor vehicle sales) Granted 8 08/28/89 Conditional Use Permit (car wash) Granted 9 04/24/89 Conditional Use Permit (tower) Granted ZONING HISTORY Page 7

8 X John Shomier X Page 8

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