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HomeMy WebLinkAboutSP201400008 Staff Report 2014-04-01STAFF PERSON: Francis H. MacCall PUBLIC HEARING: April 1, 2014 STAFF REPORT: SP2014 -00008 Lochlyn Hill Off -Site Construction Sign PETITION: Milestone Partners (applicant) petitions the Board of Zoning Appeals to issue a special use permit for one (1) off -site construction 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) construction sign on Tax Map 61A -01, Parcel 8. This sign will contain the name of the subdivision known as Lochlyn Hill, the phone number, website and builders of the development. (See Attachment A) The proposed sign will comply with the sign regulations in terms of size, height and setback. No additional signs will be authorized on this parcel as a result of this special use permit than could otherwise be erected without it. LOCATION AND DESCRIPTION OF THE PROPERTY: This property is located on Rio Road East at the southeast corner of the intersection with Pen Park Lane. It is in the Development Areas of the County, specifically in the Places 29 Master Plan area. It is developed with a duplex and is zoned R -4, Residential. The proposed Lochlyn Hill subdivision is also zoned R -4, Residential and is located immediately adjacent to the subdivision that created the subject property (Parcel 8). The entrance to Lochlyn Hill from Pen Park Lane is approximately 440 feet east of intersection of Rio Road East and Pen Park Lane. (See Attachment B) CHARACTER OF THE AREA: Rio Road East is developed with multiple residential developments /subdivisions, most with direct access to Rio Road East. Pen Park Lane is also developed with residential developments /subdivisions. REASON FOR REVIEW: Section 4.15.2 defines a construction sign as follows; "a sign that identifies a construction project and /or an architect, contractor, subcontractor, material supplier or lending institution participating in the construction project." This type of sign does not need a sign permit if it is on the same property that the development is occurring, but still needs to meet size and setback requirements outlined in the ordinance. For this type of sign to be permitted off -site it would need a special use permit. Section 4.15.5 provides that off -site advertising 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. Among other considerations, the Board must "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 PLANNING AND ZONING HISTORY: This property was created with a subdivision plat approved in 1977. (See Attachment C) The duplex that is currently developed on the property was established in 1980. 6'11_1a &de]JiI LTA 141,kS The Zoning Ordinance provides specific criteria for the consideration of a special use permit for an off -site sign as follows: Section 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 permit, and the authority to revoke such a permit, shall be as provided in section 33 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. Section 4.15.5 c (1) is written to discourage off -site signs and generally to limit signage to the minimum necessary to provide for the primary goals of signage. Off -site signs can be considered appropriate when topography or vegetation prevents an on -site sign from effectively communicating its message off -site. From Rio Road East, the location of the entrance to the Lochlyn Hill subdivision along Pen Park Lane appears to be obscured by the topography of and vegetation along Pen Park Lane. When traveling from Rio Road East to the proposed entrance of Lochlyn Hill there is a clear dip in elevation. An on -site sign would be visible on the Lochlyn Hill property from Pen Park Lane. An on -site sign may be visible from Rio Road East but would be ineffective in communicating the message off -site from Rio Road East. 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. Off -site signs typically will advertise a use on an adjoining parcel or within an adjacent development. The proposed sign would clearly advertise a use within an adjacent development. There are multiple residential subdivisions that have developed directly along Rio Road East. The Lochlyn Hill development is far enough from Rio Road East that having the same construction sign on the property being subdivided would not safely direct vehicular traffic to the development from Rio Road East. Pursuant to Section 33.8 of the Ordinance, the Board must find that the "use will not be a substantial detriment to adjacent lots, that the character of the district will not be changed by the proposed special use, the use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district, with the regulations provided in section 5 as applicable, and with the public health, safety and general welfare, and the use will be consistent with the comprehensive plan." 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 off -site 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 for the Lochlyn Hill development will not change the character of the area. It is staff's opinion that this proposal satisfies the goals of the sign regulations and the criteria for issuance of a special use permit. SUMMARY: Staff recommends approval of this request. If the Board of Zoning Appeals approves the request then the following conditions should apply; 1. The sign content shall be limited to what is shown in the design schematic provided by the applicant. 2. The sign shall not be illuminated in any manner. 3. The sign shall be removed either 5 years from the date of approval of this Special Use Permit or when 75% of the dwelling units within the entire Lochlyn Hill Subdivision obtain a Certificate of Occupancy. A request for an extension of one year must be made no sooner than 2 weeks before the 5 year deadline and may be granted by the Zoning Administrator. Attachment A — Applicant's design schematic of proposed sign Attachment B — Map of proposed sign location Attachment C — Subdivision plats