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HomeMy WebLinkAboutSP200800034 Legacy Document 2010-05-07 (5)STAFF PERSON: Amelia McCulley PUBLIC HEARING: May 4, 2010 STAFF REPORT: SP -2008-34 Church of the Incarnation Off -Site Sign PETITION: The Church of the Incarnation (applicant) petitions the Board of Zoning Appeals to issue a special use permit for an off-site sign in accordance with Section 4.15.5(a)(1) of the Albemarle County Zoning Ordinance. The owner of the property on which the sign will be located is the County of Albemarle. Tax Map 61Z Section 3 Parcel 9 is zoned PUD, Planned Unit Development. APPLICANT'S PROPOSAL: The applicant is requesting approval for a freestanding sign consisting of 11 square feet. The sign will be the same design and text as the sign at the other entrance and will state: Church of the Incarnation a Roman Catholic Community. It will be single -sided with vinyl graphics mounted between two posts. LOCATION AND DESCRIPTION OF THE PROPERTY: The parcel is located on the east side of Hillsdale Drive, just north of the intersection with Branchlands Boulevard. It is generally located across Hillsdale Drive from the Toys -R -Us and JABA. The church property is immediately adjacent to the north and east of the subject property. The parish facilities include two buildings that are located behind the subject property. This property is owned by the County for the purposes of a regional stormwater detention facility. It slopes down from the road to a depression for ponding and back to a creek in the rear of the property. The Church facility is currently served by two existing entrances: one is at Incarnation Drive (the proposed sign location) and the other (with an existing sign) is at the northern edge of their property, closer to Mall Drive. No new entrances are proposed as a result of this application. CHARACTER OF THE AREA: This site is located in the Branchlands Planned Unit Development with this area designated for commercial use. Immediately adjacent to the south is a property that is developed with a commercial office building. Toys -R -Us, Fooc Lion, JABA and the Marriott are located across Hillsdale Drive from this property. A residential area is also found nearby within the Branchlands PUD. Therefore, this is an area of mixed use. The area along the road frontage is largely commercial in character. 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. 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." PLANNING AND ZONING HISTORY: This property was rezoned to PUD, Planned Unit Development with ZMA1988-07 on July 6, 1988. On March 10, 2010, the Board of Supervisors authorized this special use permit application on County property. If it is approved by the Board of Zoning Appeals, then the Board of Supervisors must hold a public hearing to approve the conveyance of an easement to authorize placement of the sign. This easement would allow the County to require the sign be moved or relocated if it ever conflicts with the public purposes of the property in the future. The proposed location of the sign does not currently involve any of the active stormwater detention area. COMPREHENSIVE PLAN: The Comprehensive Plan defines this area as urban density in Urban Area 2. STAFF COMMENT: The Zoning Ordinance, Section 4.15.5, 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 have been considered appropriate when topography or some other factor prevents an on-site sign from being visible. This is a somewhat unique situation, even for an off-site sign. The purpose of this application is to better identify and direct traffic to the better of the two existing entrances to the church. Incarnation Drive is the first church entrance for traffic coming from Route 29 by way of Branchlands Boulevard to Hillsdale Drive. You will note that this application is dated 2008. The applicants, Church of the Incarnation, did not initially have County approval to make this application on County property. Before the County was willing to allow this use, we asked for a compelling public purpose that would be served for the location of a sign on our property. Since this initial submittal, the church has asked the Virginia Department of Transportation (VDOT) to assess the traffic safety of their two entrances and VDOT recommends the use of this sign "for safety reasons." The other (or northern) entrance has limited sight distance due to the Hillsdale Drive road curvature and grade in both directions. Therefore, vehicles traveling on Hillsdale Drive may not have the proper sight distance to allow adequate stopping distance for vehicles that are slowing to turn in to the northern church entrance. Joel DeNunzio, P.E. and Staff Engineer with VDOT has also stated "I evaluated both entrances and have determined that the southern most entrance has better sight distance and geometry than the northern entrance. Promoting the use of the southern most entrance by placing a sign at that location could potentially cause fewer conflicts with users of either entrance and will be an overall safer condition. I would recommend that the county approve this request to move the sign to this location for safety reasons." The Section 4.15.1 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. It is staff opinion that the location of a sign for the Church of the Incarnation is consistent with the intent of the sign ordinance. It will serve public safety by assisting motorists stopping or slowing to enter the church property as well as the other travelers on Hillsdale Drive. Pursuant to Section 31.2.4.1 of the Ordinance, the Board also 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 proposed sign is less than half the allowed sign size in this district with a limited sign text; therefore, it is not expected to be over -sized or confusing to travelers. It is located at an existing entrance on a road serving a commercial office building with the church facility behind. The sign will not create a hazard and it will not be detrimental to adjoining property or to the character of the area or the district. Hillsdale Drive is not an entrance corridor; therefore, ARB approval is not applicable. Staff opinion is that this request meets all of the required criteria. SUMMARY AND RECOMMENDATION permit with the following conditions: Staff recommends approval of this special use 1. Recordation of a sign easement prior to installation of the sign. Attachments: A - Exhibit showing proposed sign and photo and map of area B- Email from VDOT