HomeMy WebLinkAboutSP201000024 Review Comments Special Use Permit 2010-09-21STAFF PERSON: Francis H. MacCall
PUBLIC HEARING: October 5, 2010
STAFF REPORT: SP -2010 -024 Liberty Hail /Ryan Homes Off -Site Sign
PETITION: Ryan Homes LLC (applicant) petitions the Board of Zoning Appeals to
issue a special use permit for one (1) off -site freestanding sign in accordance with
Section 4.15.5(a)(1) of the Albemarle County Zoning Ordinance.
APPLICANT'S PROPOSAL: The applicant proposes to erect one (1) freestanding sign
on tax map 55B, parcel 1. This sign will contain the name of the subdivision known as
Liberty Hall located 1.6 miles to the east of the sign, and will also contain the name and
phone number of the development company for the subdivision. (See Attachment A)
The proposed sign would comply with the sign regulations in terms of size, height and
setback. No additional signs would be authorized as a result of this special use permit
than could otherwise be erected without it.
LOCATION AND DESCRIPTION OF THE PROPERTY: This property is in The Rural
Area of the County and not within a Development Area, but is close to the Crozet
Community. It is located off the south side of Route 250W and is approximately 1.6
miles from the Liberty Hall Subdivision to the east. The subject parcel is vacant but has
recently been proposed to be developed with a gas station /convenience store. Tax
Map 55B, Parcel 1 is zoned HC, Highway Commercial along the Entrance Corridor
Overlay District along Route 250W.
CHARACTER OF THE AREA: This site is located just outside of the Crozet
development area. The 250W corridor along the stretch from Interstate 64 continuing
east to the Liberty Hall Subdivision consists of various commercial and residential
development including three schools, all on both sides of Route 250W.
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: The site is currently vacant but does have a
proposed site plan submitted to the County for a gas station /convenience store which
includes a special use permit for water usage.
APPLICANT COMMENT:
The proposed sign will help clients locate the new homes being built at Liberty Hall.
The sign will meet all size and location requirements of the HC zoning district.
STAFF COMMENT:
The ordinance is written to discourage off -site signs and generally to limit signage to the
minimum necessary to provide for the primary goals of signage._ Among other___
considerations, the Board must "find that the issuance of a special use permit is
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necessary because an on -site sign would be ineffective to communicate its message
off -site because of topography or vegetation." The current location of the subdivision
and subdivision signs do not appear to be hindered by topography or vegetation.
Section 4.15.1 of the Zoning Ordinance provides four goals that signs are to meet:
(1) To promote the general health, safety and welfare, including the creation of an
attractive and harmonious environment; (2) Protect the public investment in the
creation, maintenance, safety and appearance of its streets, highways and other areas
open to the public; (3) Improve pedestrian and vehicular safety by avoiding saturation
and confusion in the field of vision that could otherwise result if such signs were not
regulated as provided herein; and (4) Protect and enhance the county's attractiveness
to tourists and other visitors as sources of economic development.
The proposed sign serves as a directional sign pointing in the direction of the
subdivision along with a phone number for information. Off -site signs typically will
advertise a use on an adjoining parcel or within an adjacent development but not one
approximately 1.6 miles away. Therefore, this constitutes a different use for an off -site
sign than has historically been made or than was anticipated with this ordinance
provision.
There are multiple residential subdivisions that have developed along the 250W
corridor in particular but also along all of the County's major roads, without the need for
an off -site sign. The Liberty Hall development does not appear to be any different from
the other developments.
Pursuant to Section 31.2.4.1 of the Ordinance, the Board must find that the 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, and with the public health,
safety and general welfare.
The County regulations for signage make certain that signs are not detrimental to
adjacent properties, and that signage is in harmony with the purpose and intent of the
ordinance and specifically within the individual zoning districts. The main area of
concern with offsite signage is the location of signs and how that location may change
the character of the area. In this case, allowing a sign to advertise a development as
far offsite as the Liberty Hall development will change the character of the area. In a
sense this sign would act more like a billboard even though this sign would not be larger
than 32 square feet. The design planner for the ARB has provided comments that
would need to be considered for the review of the sign permit if the Special Use Permit
were granted. Appropriate conditions regarding ARB review for this Special Use Permit
pertaining to the comments provided will be provided.
It is staff's opinion that this proposal does not satisfy the goals of sign regulations nor
the criteria for issuance of a special use permit.
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SUMMARY: Staff recommends denial of this request.
If the Board of Zoning Appeals approves the request then the following conditions
should apply;
1. ARB staff approval of color.
2. The sign shall content shall be limited to what is shown in the design schematic
provided by this applicant.
3. The sign shall not exceed 16 square feet.
4. The sign shall meet all other applicable sign regulations of Section 4.15
5. The sign shall not be lighted in any manner.
6. The sign shall be removed by October 5, 2012
Attachment A — Applicant's design schematic of proposed sign
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This division is made with the consent of the undersigned. owners, proprietors, and /or trustees. All roads
and streets, if not previously dedicated are hereby tendered for dedication to public use.
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