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HomeMy WebLinkAboutZTA201200010 ES 01.04.12COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance Amendment — Off -site signs SUBJECT /PROPOSAL /REQUEST: Resolution of Intent to Amend and Clarify the Criteria for Issuance of a Special Use Permit for Off -Site Signs STAFF CONTACT(S): Messrs. Foley, Elliott, Davis, Kamptner, Graham, and Higgins, and McCulley LEGAL REVIEW: Yes AGENDA DATE: January 4, 2012 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes �. REVIEWED BY: BACKGROUND: The County has regulated and restricted off- site.signs for over 30 years. Off -site signs are signs that are not located on the same lot with the use to which it pertains. County Code § 3.1 (definition of "off -site sign'). Moreover, an off -site sign is allowed only by a special use permit approved by the Albemarle County Board of Zoning Appeals ( "BZA "). County Code § 18- 4.15.5. In addition to the general criteria for issuing special use permits delineated in County Code § 18- 31.6.1, an additional criterion for off -site signs requires that the BZA 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." County Code § 18- 4.15.5(c)(1). This criterion assures that special use permits for off -site signs are approved only in those cases where conditions on the lot would render an on -site sign ineffective. DISCUSSION Two recent applications for off -site signs before the BZA — Clifton Inn (approved, although staff recommended denial) and Liberty Hall (withdrawn) — have caused the BZA to ask questions and raise concerns about the current criterion for off -site signs in County Code § 18- 4.15.5(c)(1). The purpose of the criterion was to allow an.off -site sign if an on- site sign would not be visible from other properties and the road that provides primary access to the property. However, the language of the criterion may be more restrictive than intended to achieve this purpose because: (1) it limits the on -site conditions to topography and vegetation, where there may be other relevant factors to consider; and (2) it limits the determination of an on -site sign's effectiveness to whether it is visible off -site, without considering whether any person at the off -site location would ever actually receive the message from the sign. The proposed resolution of intent would initiate a zoning text amendment to amend the criterion so that it achieves the purpose described above. Some in the discussion have suggested that the purpose of the criterion be extended to allow an off - site sign if an on -site sign is not visible from a major roadway. Staff strongly recommends against such an extension because it likely would lead to a proliferation of off -site signs. An additional issue for consideration is whether the BZA or the Board of Supervisors should be. the body approving special use permits for off -site signs. Virginia Code § 15.2 -2286 generally authorizes the Board to be the approving body for special use permits, but allows it to delegate that authority in its zoning ordinance to the BZA under Virginia Code § 15.2- 2309(6). The only special use permit authority delegated to the BZA is for the approval of off -site signs. BUDGET IMPACT: There is no anticipated budget impact. However, clarifying the intent of these regulation would enable staff to more effectively and efficiently review applications. RECOMMENDATIONS: Staff recommends that the Board adopt the attached resolution of intent (Attachment B). ATTACHMENTS A — Current Zoning Ordinance Off -Site Sign Regulations B — Resolution of Intent Off -Site Sign Regulations Albemarle County Zoning Ordinance Section 4.15.2 Definitions (35)Off -site sign. The term "off -site sign" means a sign that is not located on the same lot with the use to which it pertains, but does not include a sign located in a public right -of -way. 4.15.5 SIGNS AUTHORIZED BY SPECIAL USE PERMIT Except as provided in subsection (d), electric message signs, off -site signs, and signs in public rights -of -way may be authorized only by special use permit, as provided herein: a. Circumstances under which signs may be authorized. The signs may be authorized only under the following circumstances: 1. Off-site signs. Off -site signs may be authorized by special use permit within any zoning district. 2. Electric message signs. Electric message signs may be authorized by special use permit within any commercial or industrial zoning district, or any commercially designated areas of a planned unit development. 3. Signs in public rights -of -way. Signs in public rights -of -way; provided: (1) the subdivision or planned development to which the sign pertains abuts the public right -of -way; (2) the sign is either a subdivision sign or a sign identifying a planned development authorized by sections 19, 20, 25, 25A, and 29; (3) the freestanding sign regulations, other than setback regulations, applicable to the lot with the use to which the sign pertains shall apply; and (4) if the sign is located within an entrance corridor overlay district, a certificate of appropriateness is issued by the architectural review board. b. Authority. The authority to issue a special use permit for off -site signs and electric message signs is hereby granted to the board of zoning appeals. 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 permit, and the authority to revoke such a permit, shall be a§ provided in section 31.6 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. 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. 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. RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance includes regulations pertaining to the criteria for approving special use permits for off -site signs by the Albemarle County Board of Zoning Appeals; and WHEREAS, the criterion unique to off -site signs is stated in County Code...§ 18- 4.15.5(c)(1), which requires that the Board of Zoning Appeals 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 "; and WHEREAS, it may be desirable to amend this criterion to clarify that an on -site sign would be deemed to be ineffective if topography, vegetation or any other relevant factors delineated in the criterion prevent the sign from communicating its message to the primary access to the property seeking the sign; and WHEREAS, it also may be desirable to amend the Zoning Ordinance to have applications for special use permits for off -site signs reviewed and acted upon by the Planning Commission and the Board of Supervisors, rather than the Board of Zoning Appeals. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to consider amending County Code § 18- 4.15.5, Signs Authorized by Special Use Permit, and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Aye Nay Mr. Boyd Mr. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors �rRGtNI'' COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012 -010 Off -Site Advertising Signs SUBJECT /PROPOSAL /REQUEST: Work Session - Review and Discussion of Regulations Relating to Special Use Permits for Off - Site Advertising Signs STAFF: McCulley, Wright, Higgins, Herrick and Kam ptner PLANNING COMMISSION DATE: June 26, 2012 BACKGROUND Off -site signs are signs that are not located on the same lot with the use to which the sign pertains. Most off -site signs are allowed only by special use permit issued by the Board of Zoning Appeals (BZA). However, "a special use permit shall not be required for off -site directional, political, subdivision or temporary signs, and off -site agricultural product signs, except for those advertising a farmers' market in any zoning district other than the Rural Areas, Monticello Historic District, and the Village Residential zoning districts..." [Section 4.15.5 (d)]. Off -site signs are not additional signs or sign area than would otherwise be allowed for the property; the off -site sign counts towards the signage allowed on the lot on which it is located. In addition to the general criteria for issuing special use permits (Section 31.6.1), off -site signs must also have a BZA finding 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" [Section 4.15.5.(c) (1)]. The purpose is to allow an off -site sign only if an on -site sign does not communicate its message from other properties and from the primary access road. Off -site signs, signs in the public right -of -way and electric message signs are the only special use permits that are issued by the BZA. This decision has been delegated to the BZA because the criterion for approval is similar to a hardship finding for variances, which are routinely before the BZA. Several recent off -site sign applications before the BZA have raised the following issues: 1. Qualifying Criteria The current ordinance criterion requires ineffectiveness of an on -site sign due specifically to topography and vegetation. If an on -site sign were ineffective for some other reason, an off -site sign could not be permitted. Restricting consideration to vegetation and topography is overly limiting and does not include other factors that could prevent a sign from being visible. In addition, the criterion does not include safety considerations such as may be recommended by the Virginia Department of Transportation for directing motorists. As an example, the Church of Incarnation has two (2) entrances on Hillsdale Drive. The entrance on property they own and on which an on -site sign could be located, is not the entrance recommended by VDOT due to sight distance limitations resulting from the grade and curvature of the road at that point. With VDOT's support, the Church applied for an off -site sign at their other entrance that does meet safety standards. The current criterion does not adequately cover this type of situation. Finally, the criterion does not require that the applicant exhaust all other remedies such as by using permitted on -site signs such as wall signs. Amending the ordinance will codify our practice to urge the applicant to attempt to utilize other by -right options before applying for an off -site sign special use permit. 2. Location From Which the Sign Should Effectively Communicate Its Message The current criterion limits the determination of an on -site sign's effectiveness to whether it communicates its message off -site without regard to where off -site it is visible, such as where a critical turning decision to access the subject property must be made. (For the purposes of this discussion, staff will use language referring to the ZTA 2012 -010 Off -Site Signs Planning Commission Work Session June 26, 2012 visibility of the sign. We are referring to whether the sign is communicating its message and this goes beyond the sign being visible.) This issue has also led to discussion about the purpose of signage and whether an off -site sign should be allowed for marketing or way- finding some distance (perhaps miles) from the subject property on a high - volume road. One of the recent special use permit applications for off -site signage in which these issues arose involved a sign that was located over a mile away from the residential development it was advertising, to position the sign nearer an interstate interchange. In that case, the criterion was not met because an on -site sign was fully visible from Route 250, the primary access for the development. (The issue as to the intent for off -site signage was raised in the resolution of intent for this ordinance amendment and the Board of Supervisors confirmed staff's recommendation not to expand the provision of off -site signs to include way- finding on major roadways.) 3. The Approving Body As these issues have arisen and the BZA has attempted to understand the intent under the current ordinance language, so has the question: Which is the most appropriate approving process and body for off -site sign special use permits? DISCUSSION The Sign Ordinance recognizes "that signs are an important means of communication for businesses, organizations, individuals and government and that the unregulated erection and display of signs constitute a public nuisance detrimental to the health, safety, convenience and general welfare of the public" {Section 4.15.1(a)). The ordinance further states the purpose and intent of the sign regulations is to: 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. Signage can be used not only to advertise but also to provide directional information for those traveling to the business, organization or development identified on the sign. Signage located at key turning points assists the traveler in finding that business or development. However, there are limits to the amount of signage allowed based partly on safety considerations for clutter and distraction in the drivers' field of vision. Therefore, we cannot expect multiple signs for every business to direct a traveler all the way from a primary road through every turn to the subject property. The purposes of this ordinance review and subsequent amendment are twofold: a) to further clarify qualifying criteria for off -site signs and b) to assess whether the approving body for off -site sign special use permits should be the BZA or the Board of Supervisors. Staff will address these issues for Commission input: 1. Qualifying Criteria Because there are so many factors that can impact the visibility of an on -site sign, staff recommends not limiting them as qualifying criteria. Instead, the ordinance can simply require that on -site signage, including wall signs and other permitted signs, does not communicate its message off -site. 2. Location From Which the Siqn Should Effectively Communicate Its Message The current ordinance language does not establish the location from which a sign should communicate its message. Staff suggests that to effectively serve its purpose, a sign should be visible from the road providing the primary access to the property, with some exceptions. This reference to the primary access to the property is more relevant than simply having the sign visible from other properties because signs are oriented to travelers. A recent off -site sign application for The Independence (Attachment C) illustrates how this standard without exceptions can be problematic. In that case, the on -site sign is visible from the primary access road which Page 12 ZTA 2012 -010 Off -Site Signs Planning Commission Work Session June 26, 2012 terminates at The Independence, but not from any of the two locations at which a traveler would have to make a turning decision. Staff suggests that to address the location issue, the ordinance should further clarify that the on -site sign be visible from the primary access to the property. If the primary access is at the end of a road and the sign is not visible from the road serving the primary access (called "service road" for this discussion), it may qualify for an off - site sign on the service road. We will need to define "primary access" and "service road" to implement this regulation. If the Commission has input into additional considerations (beyond a road that terminates at the subject property) for when the sign should be permitted off -site on a service road (road serving the primary access road), staff welcomes it. 3. The ADorovina Bodv for an Off -Site Sian Special Use Permit — the BZA or Board of Supervisors There are pros and cons to either option: A. Board of Supervisors: 1) Pros: This Board can best evaluate a proposal for consistency with its own legislative intent. Two public hearings would provide a more thorough process. 2) Cons: It would be a much longer process — typically a minimum of 2'/2 to 3 months. It would also be more costly to the applicant due to having two public hearings. In addition, it would take Commission and Board agenda time that may be better devoted to other matters that better serve the public interest. Finally, the Board deals with signs less often (only through appeals of ARB sign decisions) and the Commission rarely deals with signs; therefore, they are less familiar with the technical requirements. B. Board of Zoning Appeals: 1) Pros: This Board more regularly deals with and is familiar with signs because sign variances are some of the most common variances. BZA review is a much quicker process — typically one month. The justification is similar to the hardship criteria for variances, which the BZA regularly considers. Because an off -site sign is not additional signage, this special use permit approval is not granting more signs or larger signs — and a more streamlined process may be more appropriate. 2) Cons: The BZA is more removed from the legislative intent, which can create conflicts. After considering all the pros and cons, staff suggests that a revised ordinance clarify the intent and the criteria for permitting off -site signs, and that the most appropriate approving body is the Board of Zoning Appeals. The revised language will better guide the BZA and staff in the review and limit the conflicts (listed as cons for BZA review). In addition, the review timeline and process through the BZA is more appropriate than a Special Use Permit through the Commission and Board of Supervisors who have more significant Countywide issues with which to contend. ATTACHMENTS: A — Resolution of Intent Adopted by the BOS on January 4, 2012 B — Zoning Regulations Relating to Off -Site Signs C — Sketches Depicting Various Situations Involving On -Site Signs' Visibility from Roads Page 13 �rRGtNI'' COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012 -10 Off -site signs SUBJECT /PROPOSAL /REQUEST: Work Session - Review and Discussion of Proposed Ordinance Changes to Provisions for Off -site Signs STAFF: McCulley, Burbage, Wright, Herrick, and Kam ptner PLANNING COMMISSION DATE: February 12, 2013 BACKGROUND: Off -site signs are signs that are not located on the same lot of the use to which the sign pertains. Most off -site signs are allowed only by special use permit issued by the Board of Zoning Appeals (BZA) with the exception of political, subdivision, or temporary signs, signs within planned developments, or agricultural product signs. Off -site signs do not allow additional signage beyond what would otherwise be allowed for the property on which the sign is located. In addition to the general criteria for issuing special use permits (Section 31.6.1), off -site signs currently must also have a BZA finding 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." The purpose is to allow an off -site sign only if an on -site sign does not communicate its message beyond the site where the sign is located. (ATTACHMENT A: Current Off -site Sign Regulations) The limitations of the current Zoning Ordinance provisions for off -site signs were brought to the Board of Supervisors' attention as a result of BZA concerns about the current wording of qualifying criteria for off -site signs being too restrictive. As a result, the Board adopted a resolution of intent at their January 4, 2012 meeting to amend the qualifying criteria for an off -site sign special use permit and consider shifting responsibility for review and approval of off -site sign applications from the Board of Zoning Appeals (BZA) to the Planning Commission and Board of Supervisors. (ATTACHMENT B: Resolution of Intent). On June 26, 2012, staff held a work session with the Planning Commission to review issues associated with the County's current regulation of off -site signs and get feedback on how the ordinance can be improved. (ATTACHMENT C: 6/26/12 Planning Commission minutes) The issues discussed included 1) qualifying criteria for allowing an off -site sign; 2) the location from which a sign should effectively communicate its message; and 3) the appropriate approving body for off -site sign special use permits. At the work session, the Planning Commission agreed with staff's recommendation that the approving body should continue to be the BZA; however, it was suggested that signs be approved administratively whenever possible. In addition, the Planning Commission requested that staff research how other peer localities handle off -site signs and work on a definition for "development signs" or "bundle signs." Following the work session, staff conducted additional research and is proposing several changes to the ordinance in response to comments from the Board, BZA, and Planning Commission. Staff believes these recommendations strike a balance between safely directing travelers to locations with poor visibility and limiting additional signage that would cause clutter or distraction along the County's roadways. PROPOSED CHANGES: Below is a summary of staff's findings and recommendations: Qualifying Criteria for an Off -site Sign Staff recommends changing the current qualifying criteria for off -site signs stipulating that an "on -site sign would be ineffective to communicate its message off -site because of topography or vegetation." Staff suggests that the new language create more flexibility in the qualifying criteria for an off -site sign to include any circumstance under which on -site signage is not clearly visible from any entrance to the property. It would also require an owner to exhaust all other possibilities for signage, such as on -site signs, VDOT signs or subdivision signs, before seeking permission for an off -site sign. 2. Off -site Sign Classifications (ATTACHMENT D: Current vs Proposed Off -site Sign Regulations) After researching sign regulations of 15 peer localities (ATTACHMENT E: Peer Locality Comparison), staff found that 3 localities do not allow any type of off -site signs, and 7 localities allow off -site directional signs with restrictions. These restrictions include size of the sign (ex. < 8 square feet), the number of signs (ex. 1 per roadway), and the type of use the sign is indicating (ex. civic or public use only). Unlike Albemarle County, a number of localities count directional signs as an additional sign allowance. a) Directional Signs Based upon this research and the Board's desire to limit the use of off -site signs for marketing on high volume roadways, staff recommends the creation of a "directional" classification for off -site signs to include any sign whose purpose is to direct travelers to a particular location and whose content is restricted to the business name, logo, distance and/ or direction to the entrance. Staff further recommends that the following distance criteria be used to restrict the placement of off -site signs (ATTACHMENT F: Directional Sign Location Criteria Diagram): 1) Sign should be located within ' /z mile of an entrance along a road providing direct access to a property. 2) If 1 is not possible, sign should be located within a' /4 mile of a key turning decision (intersection) onto road providing direct access to a property. 3) If 1 & 2 are not possible, the BZA may consider requests for off -site signs in other locations. Finally, staff recommends introducing a by -right option for off -site directional signs for 24 hour emergency medical and public uses (ex. parks, schools, civic buildings, etc.) as well as specifying that off -site signs are only permitted for businesses located in Albemarle County. Staff does not recommend counting directional signs as additional signage beyond what is currently allowed on a particular parcel. b) Bundle Signs Staff also suggests considering the creation of a second classification for off -site "bundle" signs that resemble the freestanding sign allowances for subdivisions and planned developments. Eligibility for bundle signs would be limited to two or more businesses sharing a common entrance or access road located within a commercial, industrial or mixed -use district. Bundle signs would not result in additional signage beyond what is currently allowed on a particular parcel. Bundle signs would require a special use permit and would adhere to the same qualifying criteria as directional off -site signs. To encourage the use/ reuse of existing signage, staff suggests a by -right option for a bundle sign that uses or replaces an existing sign and identifies at least one on -site use. FOCUSED DISCUSSION: Staff is requesting Planning Commission input on these proposed changes with focused discussion on: 1) the creation of two classifications for off -site signs, directional and bundle signs, and 2) the use of distance criteria to determine location for an off -site directional sign. RECOMMENDATION: Staff recommends that the Commission direct staff to draft ordinance language and set a date for public hearing. ATTACHMENTS: A: Current Off -site Sign Regulations B: Resolution of Intent C: Minutes from 6/26/12 PC meeting D: Current vs Proposed Off -site Sign Regulations E: Peer Locality Comparison F: Directional Sign Location Criteria Diagram ZTA 2012 -10 Off -Site Signs Planning Commission Work Session February 12, 2013 ALg���� � �'IRGINZP COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012 -10 Off -site signs SUBJECT /PROPOSAL /REQUEST: Work Session — Focused Discussion on Recommended Changes to Off -site Signs Zoning Provisions STAFF: McCulley, Burbage, Wright, Herrick, and Kamptner PLANNING COMMISSION DATE: April 23, 2013 BACKGROUND: Off -site signs are signs that are not located on the same lot as the use to which the sign pertains. Most off -site signs are allowed only by special use permit issued by the Board of Zoning Appeals (BZA) with the exception of political, subdivision, or temporary signs, signs within planned developments, or agricultural product signs. Off -site signs do not allow additional signage beyond what would otherwise be allowed for the property on which the sign is located. In addition to the general criteria for issuing special use permits (Section 31.6.1), off -site signs currently must also have a BZA finding 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." The purpose is to allow an off -site sign only if an on -site sign does not communicate its message beyond the site where the sign is located. (ATTACHMENT A: Current Off -site Sign Regulations) The limitations of the current Zoning Ordinance provisions for off -site signs were brought to the Board of Supervisors' attention as a result of BZA concerns about the current wording of qualifying criteria for off -site signs being too restrictive. As a result, the Board adopted a resolution of intent at their January 4, 2012 meeting to amend the qualifying criteria for an off -site sign special use permit and consider shifting responsibility for review and approval of off -site sign applications from the Board of Zoning Appeals (BZA) to the Planning Commission and Board of Supervisors. (ATTACH MENT B: Resolution of Intent). On June 26, 2012, staff held a work session with the Planning Commission to review issues associated with the County's current regulation of off -site signs and get feedback on how the ordinance can be improved. The issues discussed included qualifying criteria for allowing an off -site sign, the location from which a sign should effectively communicate its message, and the appropriate approving body for off -site sign special use permits. At the work session, the Planning Commission agreed with staff's recommendation that the approving body continue to be the BZA and suggested that signs be approved administratively whenever possible. Following the June 2012 work session, staff conducted additional research and proposed several changes to off -site sign regulations at a work session held on February 12, 2013. The proposed changes included: 1) clarifying the qualifying criteria for off -site signs based on the visibility of the sign from an entrance; 2) establishing two classifications for off -site signs: directional signs and bundle signs; and 3) using distance criteria to restrict the placement of directional off -site signs. Staff also proposed a by -right option for off -site directional signs for 24 hour emergency medical and public uses (ex. parks, schools, civic buildings, etc.) and a by -right option for a bundle sign that uses or replaces an existing sign to encourage the use/ reuse of existing signage. In response to the proposed changes, the Planning Commission provided the following feedback (ATTACHMENT C: Final Action Memo from 2/12/13 PC Work Session): • Further clarify language of qualifying criteria to specify where the on -site sign should be visible from • Support requiring owner to exhaust all possibilities for on -site signage before requesting off -site • Allow properties as well as businesses to qualify for bundle signs In addition, staff has noted the concern about signs that are visible from the entrance but may not allow drivers enough time to safely anticipate a turn into the entrance. In response to this, staff researched safety standards relating to vehicle speed and the minimum distance required for a driver of average visual acuity to comprehend a sign "of optimal height, that is optimally conspicuous and readable, and that is not subject to any environmental degradation, distractions or visual obstructions" (ATTACHMENT D: Minimum Required Legibility Distance chart). Based upon these findings, staff had concerns that the distances prescribed by this standard left the door open too wide for properties that would qualify for an off -site sign and this may lead to a proliferation of signs. Staff arrived at a visibility standard of 100 feet from the property entrance, a distance consistent with the minimum street frontage required for an owner to qualify for a freestanding sign. In addition, staff recommends allowing an off -site sign when necessary to address VDOT safety concerns about a particular entrance, as was recently the case with the Church of the Incarnation on Hillsdale Drive. DISCUSSION: Below is a summary of suggested changes to the off -site sign regulations based on feedback from the Planning Commission to date (ATTACHMENT E: Current vs Proposed Off -site Sign Regulations): Qualifying Criteria for an Off -site Sign The current qualifying criteria for off -site signs stipulates that an "on -site sign would be ineffective to communicate its message off -site because of topography or vegetation." For directional signs, staff suggests requiring that the owner exhaust all possible locations for on -site signage before seeking permission for an off -site sign and that no on -site sign face be visible within 100 feet of the property entrance. Properties which require an off -site sign to direct traffic to an alternate entrance that better conforms to VDOT standards would also qualify. Any property or business located within a commercial, industrial, or residential district that shares a common entrance or access road would qualify for a bundle sign at its intersection. An access road is defined as a public or private road that is not a through street or that provides frontage to fewer than ten lots. 2. Off -site Sign Classifications At the previous work session, staff recommended the creation of two distinct classifications for off -site signs: directional signs and bundle signs. Staff studied a Commissioner's suggestion of consolidating them into one sign type but found there really are two different sign types with associated criteria. a) Directional Signs Staff proposes a "directional" classification for off -site signs whose purpose is to direct traffic to a business or property and whose message display is limited to the following: the business name, distance, or an arrow providing direction to the entrance. Staff further recommends that the following distance criteria be used to restrict the placement of off -site signs (ATTACHMENT F: Directional Sign Location Criteria Diagram): 1) Sign should be located within '/2 mile of an entrance along a road providing direct access to a property. 2) Only if documented as unable to reasonably obtain an owner's permission for a sign location in option 1, sign should be located within a '/4 mile of a key turning decision (intersection) onto road providing direct access to the property. 3) Only if unable to reasonably obtain an owner's permission for a sign location in option 1 or 2, the BZA may consider requests for off -site signs in other locations. Finally, staff recommends allowing off -site directional signs by -right for 24 hour emergency medical and public uses (ex. parks, schools, civic buildings, etc.). Directional signs would not result in additional signage beyond what is currently allowed for the parcel on which the sign is located. b) Bundle Signs Staff also recommends the creation of a second classification for off -site "bundle" signs that resemble the freestanding sign allowances for subdivisions and planned developments. Eligibility for bundle signs would be limited to two or more businesses or properties sharing a common entrance or access road and located within a commercial, industrial or residential zoning district. Staff suggests allowing bundle signs by right within commercial, industrial or >_R -6 residential zoning districts and by special use permit in <R4 zoning districts. Bundle signs would not result in additional signage beyond what is currently allowed for the parcel on which the sign is located. (ATTACHMENT G: Bundle Sign Location Diagram) ZTA 2012 -10 Off -Site Signs Planning Commission Work Session April 23, 2013 FOCUSED DISCUSSION: Staff is requesting feedback on the qualifying criteria for directional signs and the by right permissions for bundle signs. Specifically: • Are the proposed qualifying criteria for directional signs clear and reasonable? • Is the Commission comfortable allowing bundle signs by right for businesses or properties in industrial, commercial and <R4 residential zoning districts? RECOMMENDATION: Staff recommends that the Commission direct staff to draft ordinance language and set a date for public hearing. ATTACHMENTS: A: Current Off -site Sign Regulations B: Resolution of Intent C: Final Action Memo from 2/12/13 PC Meeting D: Minimum Required Legibility Distance Chart E: Current vs Proposed Off -site Sign Regulations F: Directional Sign Location Criteria Diagram G: Bundle Sign Location Diagram ZTA 2012 -10 Off -Site Signs Planning Commission Work Session April 23, 2013 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012 -10 Off -site Signs SUBJECT /PROPOSAL /REQUEST: Public hearing to amend County Code Chapter 18, Zoning, regarding off -site signs STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, Wright, Burbage PRESENTER (S): Amanda Burbage LEGAL REVIEW: Yes AGENDA DATE: March 5, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: County Code § 18 -4.15 establishes the procedures and standards for two classes of signs allowed by special use permit: electric message signs and off -site signs. The proposed ordinance (Attachment A) would amend § 18- 4.15.5 to pertain only to electric message signs, and would add § 18- 4.15.5A to establish new regulations for off -site signs. Off -site signs are signs that are not located on the same parcel as the use to which the sign pertains. Currently, off - site signs are allowed only by special use permit issued by the Board of Zoning Appeals (BZA) with the exception of political, subdivision, temporary, and agricultural product signs, as well as signs within planned developments, which are allowed off -site by -right subject to location restrictions. In addition to the general criteria for issuing special use permits, special use permits for off -site signs currently require that the BZA 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." The impetus for this proposed amendment was in response to concerns that this finding is too restrictive and the BZA's concern that the finding was too difficult for it to administer. Staff has proposed several changes to the off -site sign regulations to clarify when an off -site sign may be allowed and where that sign may be located (see Attachment B). The proposed changes 1) establish two new classes of off -site signs: directional signs and bundle signs; 2) establish new eligibility criteria for both directional and bundle signs; and 3) limit the placement of off -site signs to certain locations. In response to the Planning Commission's request for administrative review of off -site sign applications when possible, staff has also introduced a by -right option for directional signs and bundle signs under certain circumstances. The County's current and proposed off -site sign regulations do not allow additional signage beyond what would otherwise be allowed on the parcel on which the off -site sign is located. The Board adopted a resolution of intent to amend the Zoning Ordinance on January 4, 2012 (Attachment C); the Planning Commission held work sessions on June 26, 2012, February 12, 2013 and April 23, 2013 (Attachments D, E and F) and recommended approval (with minor revisions) at its December 3, 2013 public hearing (Attachment G). STRATEGIC PLAN: Goal 4. Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies DISCUSSION: The proposed ordinance would establish two classes of off -site signs: directional signs and bundle signs. Directional signs Directional signs are off -site signs that direct vehicular and pedestrian traffic to an establishment and display the establishment name, the distance to the establishment, an arrow providing direction, or any combination thereof. AGENDA TITLE: ZTA 2012 -10 Off -site Signs March 5, 2014 Page 2 Directional Signs Eligibility Permitted location of sign Zoning district of sign location By right 24 -hour emergency medical 24 -hour emergency medical service All zoning districts service facilities or any public facilities: no restriction; other public development district, or a use (up to 2 signs) uses: within '/2 mile of the site residential district allowing 6 or allowing 6 or more dwelling units entrance along the street providing more dwelling units per acre per acre, and sharing a common direct access to the site, or a greater entrance or access road distance or alternative location if the By Establishments located in a owner demonstrates to the zoning Industrial, commercial, or planned special residential district allowing less administrator that a location within '/2 development district, or a use than 6 dwelling units per acre, mile is unavailable residential district allowing 6 or By Owner exhausts all on -site Within' /2 mile of the site entrance All zoning districts special signage and demonstrates that along the street providing direct use an on -site sign face located at access to the site, or a greater permit the site entrance would not be distance or alternative location if the visible from the street providing owner demonstrates to the BZA that a direct access to the site location within 'h mile is unavailable entrance within 100 feet of the site entrance Bundle signs Bundle signs are off -site signs that identify two or more establishments or sites that are not part of a planned development district but which share a common entrance or access road. For purposes of bundle signs, an access road is a public or private street that is not a through street, but which provides frontage to 10 or fewer parcels. Bundle Signs Eligibility Permitted location of sign Zoning district of sign location By right Establishments located in Parcel having frontage on the inter- Industrial, commercial, or planned industrial or commercial section of a street and an access development district, or a districts, or a residential district road or entrance serving the residential district allowing 6 or allowing 6 or more dwelling units establishments to which the sign more dwelling units per acre per acre, and sharing a common pertains entrance or access road By Establishments located in a Parcel having frontage on the inter- Industrial, commercial, or planned special residential district allowing less section of a street and an access development district, or a use than 6 dwelling units per acre, road or entrance serving the residential district allowing 6 or permit and sharing a common entrance establishments to which the sign more dwelling units per acre or access road pertains Directional signs and bundle signs in entrance corridors If the parcel on which a directional sign or a bundle sign will be located is within an entrance corridor, the owner or lessee of the parcel must obtain a certificate of appropriateness from the Architectural Review Board before the sign is erected. This requirement applies to directional and bundle signs allowed by right or by special use permit. Other classes of off -site signs The proposed ordinance allows political signs, subdivision signs, agricultural product signs and temporary signs by right. Signs in the public right of way are also allowed by right, subject to location restrictions and VDOT approval. All of these sign classes are allowed by right under the current off -site signs regulations as well. BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or funding. AGENDA TITLE: ZTA 2012 -10 Off -site Signs March 5, 2014 Page 3 RECOMMENDATIONS: After the public hearing, staff recommends that the Board adopt the attached proposed ordinance (Attachment A). ATTACHMENTS: Attachment A: Draft Ordinance Attachment B: Comparison of Current and Proposed Off -site Sign Regulations Attachment C: Resolution of Intent Attachment D: Staff Report, June 26, 2012 Planning Commission Work Session Attachment E: Staff Report, February 12, 2013 Planning Commission Work Session Attachment F: Staff Report, April 23, 2013 Planning Commission Work Session Attachment G: Staff Report. December 3. 2013 Plannina Commission Public Hearina Planning Commission minutes: June 26, 2012; February 12, 2013; April 23, 2013; December 3, 2013 Return to aaenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012 -10 Off -site Signs S U BJ ECT /PROPOSAL /REQU EST: Adopt ordinance to amend County Code Chapter 18, Zoning, regarding off -site signs STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, Wright, Burbage PRESENTER (S): Amanda Burbage LEGAL REVIEW: Yes AGENDA DATE: May 7, 2014 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board held a public hearing on ZTA 2012 -10 Off -site Signs on March 5, 2014 (see Attachment B for March 5th executive summary), but deferred action until April 2nd, then further deferred action until May 7th. The deferrals provided an opportunity for staff to meet with Mr. Sheffield, Mr. Boyd, and Neil Williamson to discuss Mr. Sheffield's concerns about the proposed regulations for by -right off -site bundle signs. STRATEGIC PLAN: Goal 4. Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies DISCUSSION: Staff met with Messrs. Sheffield, Boyd and Williamson on March 20th. Staff reviewed the proposed by -right provisions for bundle signs and shared examples of sites in the County that would qualify for a bundle sign under the proposed ordinance. The discussion primarily focused on whether the allowance of by -right bundle signs would result in their proliferation throughout the Development Areas and encourage the creation of additional access roads within new commercial, industrial, and residential developments. While staff does not anticipate these outcomes, should the Board adopt the proposed ordinance, staff can update the Board in a year regarding the activity that results from the new regulations. Following the meeting, staff further revised the organization of § 4.15.5A in the proposed ordinance and made non - substantive changes to clarify the distinctions between provisions for bundle signs and directional signs, and the applicable eligibility and location requirements for both sign types. The tables in § 4.15.5A(b) of the proposed ordinance have been updated to reflect these changes. Staff notes that, although the March 5th executive summary inaccurately referenced what constitutes an access road, the ordinance correctly defined it as a public or private street that is not a through street or that provides frontage to fewer than ten parcels. BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or funding. RECOMMENDATIONS: Staff recommends that the Board adopt the attached proposed ordinance (Attachment A). ATTACHMENTS: A — Proposed Ordinance B — March 5. 2014 Executive Summary Return to agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ZTA 2012 -10 Off -Site Signs June 4, 2014 SUBJECT /PROPOSAL /REQUEST: ACTION: INFORMATION: Adopt ordinance to amend County Code Chapter 18, Zoning, regarding off -site signs CONSENT AGENDA: ACTION: X INFORMATION: STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, Wright, ATTACHMENTS: Yes Burbage REVIEWED BY: PRESENTER (S): N/A LEGAL REVIEW: Yes BACKGROUND: On May 7, 2014 the Board deferred action on ZTA 2012 -10 Off -Site Signs in response to concerns expressed by several Board members regarding the proposed regulations for by -right bundle signs (See Attachment B for May 7 Executive Summary). The Board requested that staff amend the proposed ordinance to require a special use permit for any off -site bundle sign and schedule the revised ZTA for the June 4, 2014 meeting. STRATEGIC PLAN: Goal 4. Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies DISCUSSION: Staff has revised County Code § 4.15.5A(b) of the proposed ordinance to require a special use permit for all off -site bundle signs. The ordinance, otherwise, remains as proposed on May 7'h BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or funding. RECOMMENDATIONS: Staff recommends that the Board adopt the attached proposed ordinance (Attachment A). ATTACHMENTS: A — Proposed Ordinance B — Mav 7. 2014 Executive Summary Return to consent agenda Return to regular agenda COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2012 -10 Off -site Signs SUBJECT /PROPOSAL /REQUEST: Public Hearing to Amend County Code Chapter 18, Zoning, regarding off - site signs STAFF CONTACT(S): Amanda Burbage, Amelia McCulley, Stewart Wright and Greg Kamptner AGENDA DATE: December 3, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: Off -site signs are signs that are not located on the same lot as the use to which the sign pertains. Most off -site signs are allowed only by special use permit issued by the Board of Zoning Appeals (BZA) with the exception of political, subdivision, or temporary signs, signs within planned developments, or agricultural product signs. Off -site signs do not allow additional signage beyond what would otherwise be allowed for the property on which the sign is located. In addition to the general criteria for issuing special use permits, off -site signs currently must also have a BZA finding 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." The limitations of the current zoning ordinance provisions for off -site signs were brought to the Board of Supervisors' attention as a result of BZA concerns about the current wording of qualifying criteria for off -site signs being too restrictive. As a result, the Board adopted a resolution of intent at their January 4, 2012 meeting to amend the zoning ordinance (Attachment B). The Commission held work sessions on June 26, 2012, February 12, 2013 and April 23, 2013 (Attachments C, D, E, F, G & H) to review issues associated with the current regulations and get feedback on how the ordinance can be improved. Staff proposed several changes to the ordinance including: establishing two classifications for off -site signs, directional signs and bundle signs; clarifying the eligibility criteria for both classes of off -site signs; and limiting the placement of off - site signs to certain locations. Staff also proposed a by -right option for directional signs and bundle signs based on the Planning Commission's recommendation to encourage administrative review off -site sign applications when possible. ORIGIN: Board of Supervisors' January 4, 2012 Resolution of Intent for zoning text amendment PROPOSAL: The proposed zoning ordinance amendment will create two classes of off -site signs, bundle signs and directional signs, and will clarify eligibility criteria and location options for both. PUBLIC PURPOSE TO BE SERVED: Limiting the quantity and placement of off -site signage helps to ensure the safety and aesthetics of the County's roadways. ORDINANCE AMENDMENT CRITERIA: Based on prior Board direction, staff reviews ordinance amendment impacts under the following additional criteria: Administration / Review Process: Clarifying the eligibility criteria, approval method and location standards for off -site signs will improve their administration. Housing Affordability: There is no discernible impact on housing costs. Implications to Staffing / Staffing Costs: Creating more by -right options for off -site signs reduces the amount of staff time needed to review off -site sign special use permit applications. STRATEGIC PLAN: Planning Commission Public Hearing — ZTA 2012 -10 Off -site Signs December 3, 2013 Goal 4. Protect the County's parks and its natural, scenic and historic resources in accordance with the County's established growth management policies DISCUSSION: The draft ordinance (Attachment A) provides the following: Definitions for "access road," "bundle sign," and "directional sign" Provisions for bundle signs: • Eligible properties include those located in commercial, residential, or industrial districts that share a common entrance or access road • Location of bundle signs shall be limited to lots in commercial, industrial, planned development, or >R4 residential zoning districts with frontage on an access road that serves all businesses or properties listed on the sign • Properties located in industrial, commercial or > R4 residential zoning districts are eligible for a bundle sign by right • Properties located in < R6 residential zoning districts are eligible for a bundle sign by special use permit Provisions for directional signs: o Eligible properties include those that have exhausted all on -site locations and sign types and have no on -site sign face visible within 100 feet of the site entrance o Directional signs shall be located as follows: 1. Within '/2 mile of site entrance along a street providing direct access to the site entrance; or 2. If the owner is unable to obtain an owner's permission for a location in option 1, then within '/4 mile from a turning decision onto a street providing direct access to the site entrance; or 3. If the owner is unable to obtain an owner's permission for a location in option 1 or 2, then the BZA may authorize an alternative location. 0 24 hour emergency medical service facilities and public uses are eligible for a directional sign by right in any location o All other eligible properties shall require a special use permit for a directional sign BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or funding. STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance language found in Attachment A. PLANNING COMMISSION MOTION A. Should a Planning Commissioner choose to recommend approval of this Zoning Text Amendment: Move to recommend approval of the draft ordinance in Attachment A. B. Should a Planning Commissioner choose to recommend denial of this Zoning Text Amendment: Move to recommend denial of the draft ordinance in Attachment A. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Attachments: Attachment A: Draft Zoning Ordinance Amendment Attachment B: Resolution of Intent Attachment C: Staff Report — PC Work Session, June 26, 2012 Attachment D: Minutes from PC Work Session, June 26, 2012 Attachment E: Staff Report — PC Work Session. February 12. 2013 Attachment F: Minutes from PC Work Session, February 12, 2013 Attachment G: Staff Report — PC Work Session, April 23, 2013 Attachment H: Minutes from PC Work Session, April 23, 2013 Planning Commission Public Hearing — ZTA 2012 -10 Off -site Signs December 3, 2013