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HomeMy WebLinkAboutVA199800007 Review Comments 1998-05-05 STAFF PERSON:Jan Sprinkle PUBLIC HEARING: May 5, 1998 STAFF REPORT: SP-98-14 and VA-98-07 for Union Run Baptist Church This is a combined report for both the special use permit to allow a freestanding, off-site sign and a variance to allow the sign to be located one foot from the right-of-way for Rt. 250. The report will address the special use permit first, followed by the variance. PETITION FOR SP-98-14: Roosevelt Holman, on behalf of the Union Run Baptist Church, petitions the Board of Zoning Appeals to issue a special use permit for an off-site advertising sign in accordance with Section 4.15.5 of the Albemarle County Zoning Ordinance which states, in part: "The authority to administer signs by special use permit is hereby granted to the Board of Zoning Appeals. The following signs shall be permitted by special use permit within any underlying district: (a) Off-site advertising signs . . ." PROPERTY DESCRIPTION: The property is described as Tax Map 79, Parcel 24A, and is located on the north side of Route 250 and the east side of Rt. 731 near Shadwell. It is zoned RA, Rural Areas, and consists of 15.12 acres. CHARACTER OF THE AREA: The subject property is currently undeveloped. From the intersection of Rt. 250 and the C & O Railway tracks just west of the Shadwell Market, the area along Rt. 250 appears to be rural undeveloped land for about two miles to its intersection with Rt. 744. It is in fact mostly divided into two-acre± lots either available for rural residential use or developed as such. APPLICANT'S PROPOSAL: The applicant proposes to erect a freestanding off-site sign, one foot from the right-of-way of Rt. 250 to identify the Union Run Baptist Church that is located on Rt. 731 approximately 600 feet north of Rt. 250. PLANNING AND ZONING HISTORY: None COMPREHENSIVE PLAN: This area is recommended for rural areas. Staff Report SP 98-14 and VA-98-07 Page 2 May 5, 1998 STAFF COMMENTS: Staff has reviewed this request for consistency with Section 31.2.4.1 of the Ordinance and offers the following comments and observations: This use will not be of substantial detriment to adjacent properties nor will it change the character of the district. This is a rural area with very little signage visible from Rt. 250 in the immediate area. A sign advertising Carriage Hill Riding Lessons appears on parcel 16 on the west side of Rt. 731, while Union Run Church has a small, nonconforming sign on the same parcel as for this request. Subdivision signs for Shadwell Estates and Glenmore are within one mile to the east while two signs advertising the gas/convenience store at the 22/231 intersection and the gas station at the old train depot across from Rt. 729 are within one mile to the west. The new Union Run Church sign being requested in this application has already been approved by the ARB. It is a white-painted wooden structure with a decorative scroll top and landscaping at the base. It will blend into the rural ambiance without detracting from the natural beauty of the area. The church is located on the west side of Rt. 731, about 600 feet north of Rt. 250. Visibility of the church from Rt. 250 is extremely limited. In this season of spring foliage, the church can only be seen after turning onto Rt. 731. Their on-site free- standing sign is a brick monument style sign directly in front of their building with their driveway separating the church and sign from the state road. It cannot be seen from Rt. 250 at all. When approaching the 250/731 intersection from the west, there is a slight decline on Rt. 250 after Rt. 729. Then, while climbing the following hill and continuing east, Rt. 731 appears on the left as one is almost at the intersection. Although there are two VDOT warning signs, it is still difficult to see. Since the speed limit is 55 miles per hour (and the local traffic seems to travel at least that fast) it is difficult for prospective church-goers to slow enough to make the turn safely. Signage has two primary goals: to identify a building, commodity or service; and, to direct customers to a location in a safe and efficient manner. This application hopes to serve both goals: to identify the church's location and to direct traffic to turn onto Rt. 731 safely and efficiently. SUMMARY: This is only the third request for an off-site sign to date. It is staff's opinion that a case such as this, where the majority of traffic will access the church by turning onto Rt. 731 from Rt. 250, A.ISP98-14 doc Staff Report SP 98-14 and VA-98-07 Page 3 May 5, 1998 qualifies for an off-site sign based on public safety criteria. The requested sign will not be a detriment to adjacent properties since this request will simply replace the nonconforming freestanding sign with a slightly larger, more visible one that has already been approved by the ARB. Staff is recommending a condition that will limit the sign so that no temporary banners or the like can be added to the structure without amendment to this permit. It is staff's intent to provide the site with proper signage that will allow identification and safe ingress. Therefore, staff recommends approval of this request subject to the following conditions. RECOMMENDED CONDITIONS OF APPROVAL for SP 98-14: 1. There shall be no other freestanding signs permitted on tax map 79, parcel 24A without amendment of this special use permit. 2. There shall be no attachments or use of temporary signs in conjunction with the sign approved by the ARB on April 6, 1998. 3. The nonconforming sign shall be removed prior to or at the same time as the installation of the new sign. VARIANCE 98-07 REQUEST: The applicant requests relief from 4.15.12.1 which requires a freestanding sign to setback a minimum of 10 feet from the right-of-way of any public street in the Rural Areas zoning district. A variance of 9 feet is requested to allow a freestanding sign to be one foot from the right-of-way of Rt. 250. PROPERTY DESCRIPTION AND VARIANCE JUSTIFICATION: The current owner acquired this parcel when it was created in 1957. A sign meeting the ordinance would be difficult to see due to: the width of the right-of-way for Rt. 250; the acute angle of the intersection of Rts. 250 and 731 making the area available for the sign approximately 30 east of the intersection; and, the downward slope from the road to the adjacent drainage ditch. The Virginia Department of Transportation marked the right-of-way at 33 feet from the centerline of the travelway. The road is only paved for two lanes, or approximately 12 feet on each side of the centerline. This still leaves approximately 21 feet from the travelway to the edge of the right-of-way. When the setback of 10 feet is then applied, the sign would have to be at least 31 feet from a passing car. The topography is such that the land drops off gently to a drainage swale before it starts to elevate again along Rt. 731. The 10-foot setback would put the base of the sign several feet below the elevation of the travel lanes. The trees and scrub A:ISP98-14.doc Staff Report SP 98-14 and VA-98-07 Page 4 May 5, 1998 vegetation along the edge of Rt. 250 further complicate visibility. The sign is a two-faced design so that it can be seen by either east or west bound traffic. To be seen by vehicles traveling east, the sign will have to be close to the intersection. The combination of the two 10-foot setbacks forces the location to be about 30 feet east of the intersection. This location makes it unlikely that drivers could see the sign in time to turn safely. The purpose of the sign ordinance is to allow a business to advertise its location or commodity. Proper site identification also allows approaching traffic the proper time to safely adjust to the proper turn lanes. Due to the limited visibility of a sign that meets our ordinance, neither of these would occur in this case. APPLICANT'S JUSTIFICATION AND STAFF COMMENT/RECOMMENDATION: A review of the variance criteria provided by the applicant and comments by staff follows: Hardship The applicant comments that the variance is necessary because: • The sign should be visible from Rt. 250 both east and west; • If it is set back ten feet, it will not be seen through the thick foliage in summer and spring when trees are the greenest; • The one-foot setback will work very well. The goal will be accomplished for the motoring public who make right and left turns at the intersection. Staff agrees that the topography and vegetation surrounding the required sign location qualify this request for hardship as described under the Code of Virginia relating to granting a variance. 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship. Uniqueness of Hardship The applicant notes: • The variance will in no way put hardship on any of the surrounding properties, only enhance. Staff opinion is that there are not any other churches in the same zoning district and the same vicinity that share the hardship of having no road frontage on the main access to their location and needing to have their location advertised so the traveling public can safely maneuver the necessary slow and turn movements. The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. A•ISP98-14.doc Staff Report SP 98-14 and VA-98-07 Page 5 May 5, 1998 Impact on Character of the Area The applicant states: • This variance would in no way make this area unattractive. It would enhance the entire area. Staff agrees that the replacement of the nonconforming sign with a larger one that is at least out of the right-of-way will not change the character of the district. 3. The applicant has provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. Since all three criteria for variance have been met, staff recommends approval. H.1 GENERALISHAREIBLD&ZONIJAAAI #44:1doc