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Home My WebLink AboutSP201000012 Legacy Document 2010-08-26 (3)STAFF PERSON: Amelia McCulley PUBLIC HEARING: June 1, 2010 STAFF REPORT: SP- 2010 -012 The Gardens Shopping Center Off -Site Sign at Route 29 PETITION: Castle Gardens Shopping Center LLC (owner) / Leigh Hughes (applicant) 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(a)(1) of the Albemarle County Zoning Ordinance. APPLICANT'S PROPOSAL: The applicant proposes to erect a freestanding monument sign on tax map 45, parcel 104B. This sign names the development, Gardens Shopping Center, and lists businesses located on parcels 104B (including Pier 1), 104131 (including Little Gym and Thai 99) and 104135 ( Carmike Cinemas). The proposed sign will replace an existing sign located at the Route 29 entrance to the shopping center. It will be slightly smaller and not as tall as the maximum permitted freestanding sign size and height. Some existing landscaping (shrubs) will need to be removed in order to locate the proposed sign. The sign will include aluminum panels to serve as updateable directory listings of several businesses found within this shopping center. The sign design as well as the proposed replacement landscaping have been approved by the ARB. This proposed off -site sign as well as the one proposed to replace a sign at the Carmike Cinemas (SP 2010 -013), will share a consistent design scheme. LOCATION AND DESCRIPTION OF THE PROPERTY: The property is known as The Gardens Shopping Center and is located at Route 29 and Gardens Boulevard. Parcel is improved by Pier 1 building. Tax Map 45, Parcel 104B is zoned C -1, Commercial with Entrance Corridor and Airport Impact Overlay districts. CHARACTER OF THE AREA: This site is located in a developed/ urban area consisting primarily of commercial development. It is located within Urban Area 2 designated for commercial service in the Comprehensive Plan. REASON FOR REVIEW: 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. PLANNING AND ZONING HISTORY: The several parcels that comprise The Gardens Shopping Center were developed beginning in 1987. • Several site plans were approved for buildings within The Gardens Shopping Center. These include: SDP 88 -06, SDP 88 -41, SDP 88 -111, SDP 89 -76, SDP 91 -012, SDP 91 -22, SDP 99 -70 and SDP 00 -146. • Several subdivision plats were approved, creating the several parcels which 2 comprise this shopping center. They include SUB 89 -03 and SUB 98 -277. Several special use permits were approved within The Gardens Shopping Center. These include: SP 89 -85 Burger Busters drive - through window at Taco Bell; SP 89 -106 Bank drive - through and SP 91 -03 Recreation center. STAFF COMMENT: 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. The mature landscaping on the property adjoining to the south obstructs some of the sign's visibility for northbound traffic. By our rough measurement, the sign is only visible for a distance of 110 feet prior to the actual entrance. This is a limited distance in which the driver must read the sign and prepare to slow to turn into the entrance. 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. Off -site signs have been considered appropriate when topography or some other factor prevents an on -site sign from being visible. The proposed sign serves two (2) purposes: a) it identifies the shopping center or development (The Gardens) at its only public road entrance (on Route 29); and b) it lists up to eight (8) different tenants or businesses within the shopping center. In several respects, it acts as a directory sign, although it is not one. Identifying the entrance is important in general and it is especially important on a relatively high speed segment of primary highway. Even when customers are familiar with the shopping center location, a sign at the entrance reminds them to begin slowing to make the turn. The second purpose of the sign — identification of business tenants within the shopping center is a more debatable topic. Most of the eight (8) spaces on the sign for changeable panels involve businesses for whom an onsite sign would not be visible from Route 29. While these businesses are entitled to wall signage, many business wall signs within The Gardens are not visible from Route 29. This is typical of other shopping centers involving multiple buildings and the like. It would be unreasonable to expect that all businesses could receive sign identification on Route 29 and the applicant is not proposing that. After reviewing the initial submittal, Zoning Staff contacted the applicant about the small size (2.5 inches) of the smaller tenant sign letters. Because the initial sign was proposed well below the maximum allowable size, staff encouraged the applicant to either reduce the number of tenant panels or to increase the sign size, thereby allowing the letter height to increase. The applicants were amenable to increasing the sign dimensions provided that the overall design scheme and proportionality were not lost. If the applicant were attempting to list so many businesses on the sign that either the letter height were smaller or a variance was necessitated, staff would likely have concerns about it as an offsite sign. It is staff opinion that the proposed location and composition of the sign is consistent with the intent of the sign ordinance. 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 will replace an existing worn sign with one that has been approved by the ARB and that shares a unified design with the other offsite sign in the shopping center. It is staff's opinion that rather than detract from adjacent property or the character of the district, it will be an improvement. Based on the reasons stated within the prior comments relating to the goals for signs as stated within the ordinance, staff finds that the sign is in harmony with the purpose and intent of the ordinance as well as the public safety and general welfare. SUMMARY: Staff recommends approval of this request with the following condition: 1. The area of the proposed free standing sign, advertising both the on -site use and several business tenants shall be limited to a maximum of 32 square feet. 2. Individual letter height shall not be less than 2.75 inches. ATTACHMENT A: Area Map and Concept Drawings