HomeMy WebLinkAboutSP200600030 Legacy Document 2007-02-22 (2)STAFF PERSON: William D. Fritz, AICP
PUBLIC HEARING: March 6, 2007
STAFF REPORT: SP 2006-30 Morningside Assisted Living Off -Site Sign
PETITION: Morningside Assisted Living petitions the Board of Zoning Appeals to issue a
special use permit for an off-site identification sign in accordance with Section 4.15.5(a)(1) of
the Albemarle County Zoning Ordinance.
APPLICANT'S PROPOSAL: The applicant proposes to erect a freestanding sign on Tax Map
62B1, Section 1, Parcels 1000 thru 1608 (the property is a condominium and due to County
procedures in assigning parcel numbers it results in numerous parcels.) The sign will serve the
Morningside Assisted Living facility located on Tax Map 60132, Parcel A.
LOCATION AND DESCRIPTION OF THE PROPERTY: The property is located on the
north side of Old Ivy Road just east of the Route 250/29 Bypass. The Morningside Assisted
Living property has frontage only on Crestwood Road. It is located about 1,100 feet off of Old
Ivy Road and is not visible from Old Ivy Road. This road is private and serves Morningside and
University Village. The proposed sign identifies the only route to the Morningside Assisted
Living facility.
CHARACTER OF THE AREA: The area has numerous multi -family developments on the
north side of Old Ivy Road and offices on the south side of the road.
REASON FOR REVIEW: Section 4.15.5 provides that off-site signs are permitted by special
use permit in any underlying district. The authority to administer signs by special use permit is
granted to the Board of Zoning Appeals.
PLANNING AND ZONING HISTORY: Property was rezoned in the 1980's and was
developed with multi -family residential uses. A subdivision entrance sign for University Village
was approved at the time of construction of the initial phases of University Village.
COMPREHENSIVE PLAN: The Comprehensive Plan defines this area as Urban Density in
Urban Neighborhood (#7).
STAFF COMMENT:
The ordinance provides very specific review criteria for off-site signs. Staff has provided the
specific language of the ordinance and commented on each provision. Staff comments are in
italics.
4.15.5 SIGNS AUTHORIZED BY SPECIAL USE PERMIT
c. Procedure and administration. The application procedure, the findings and conditions to be
applied by the board of zoning appeals when considering an application for a special use
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permit, and the authority to revoke such a permit, shall be as provided in section 31.2.4 of this
chapter. In addition to the foregoing:
1. For an off-site sign, the board of zoning appeals shall also find that the issuance of a
special use permit is necessary because an on-site sign would be ineffective to
communicate its message off-site because of topography or vegetation.
Neither a freestanding sign on-site or a wall sign on the building, would be visible from
Old Ivy Road. Therefore, an off-site sign is necessary because an onsite sign is
ineffective.
2. For an electric message sign, the board of zoning appeals shall also find that the sign
complies with all applicable state laws for such signs.
This is not an electric message sign. The sign does comply with all applicable state laws.
3. A permit number for each special use permit issued for an off-site sign shall be affixed to
the sign in a conspicuous place.
Staff has included a condition of approval to insure compliance with this condition.
31.2.4.1 RESERVED TO BOARD OF SUPERVISORS
The board of supervisors hereby reserves unto itself the right to issue all special use permits
permitted hereunder. Special use permits for uses as provided in this ordinance may be issued
upon a finding by the board of supervisors that such use will not be of substantial detriment to
adjacent property, that the character of the district will not be changed thereby and that such use
will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right
in the district, with additional regulations provided in section 5.0 of this ordinance, and with the
public health, safety and general welfare.
that such use will not be of substantial detriment to adjacent property
The proposed sign will have minimal impact on adjacent property. Staff opinion is that
approval would not result in a substantial detriment to adjacent property.
that the character of the district will not be changed thereby
Signage similar to the proposed sign exists in the area. Therefore, approval of this sign
would not change the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
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The purpose and intent of the sign regulations are provided in Section 4.15.1 of the
Zoning Ordinance. Staff has reviewed these provisions and finds not conflict with the
purpose and intent of the sign ordinance. The proposed sign maybe interpreted as
supporting the purpose and intent as stated in Section 4.15.1(1) which states:
Promote the general health, safety and welfare, including the creation of an attractive and
harmonious environment;
The location of Morningside is remote from the main street, Old Ivy Road. Therefore,
this sign may promote the public safety by clearly designating the location of the
Morningside facility. This prevents confusion in the street caused by individuals,
including delivery vehicles looking for this development. The signage may also facilitate
emergency responses to Morningside which is an assisted living facility.
and with the uses permitted by right in the district,
Staff is unable to find any adverse impact on permitted uses which would be caused by
approval of this request.
with additional regulations provided in section 5.0 of this ordinance,
Section 5.0 contains no additional regulations for this type of use.
and with the public health, safety and general welfare.
Staff has commented on this in a prior section of this report. Approval of this request
would be consistent with the public health, safety and general welfare.
SUMMARY: Staff analysis of Section 4.15.5 and 31.2.4.1 of the zoning ordinance has resulted
in the following favorable factors:
1. The Morningside Assisted Living facility is not readily visible from Old Ivy Road.
Approval of this request will make it easier for those wanting to find the Morningside
facility. This may be particularly important for emergency vehicles.
2. On-site signage would not be visible from the public street.
Staff analysis of Section 4.15.5 and 31.2.4.1 of the zoning ordinance has resulted in the following
unfavorable factors:
1. No unfavorable factors have been identified.
Based on the above analysis, staff recommends approval subject to the following conditions.
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SP -2006-30 Page 4 March 6, 2007
1. The free standing sign for Morningside Assisted Living Facility shall be limited to 12
square feet and shall not be mounted higher than 5 feet in height.
2. The Morningside Assisted Living Facility sign shall include the following notation
"Permitted by SP 2006-30." The notation shall occupy an area of 1 inch by 3 inches.
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