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HomeMy WebLinkAboutSP201000013 Legacy Document 2010-08-26 (3)STAFF PERSON: J.T. Newberry PUBLIC HEARING: June 1, 2010 STAFF REPORT: SP- 2010 -013 The Gardens Shopping Center Sign - Carmike 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 multi - tenant monument sign on tax map 45, parcel 104135. 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). This proposed sign will replace an existing sign located at the back entrance to the shopping center. It will share a consistent design scheme (including colors and materials) as the proposed sign on parcel 104B, but will be smaller by almost 8 square feet and shorter by 7.25 inches. Existing concrete footers will be used for the base and it will be one - sided, with text only facing the traffic entering northbound from the Albemarle Square Shopping center. The face will also feature the same aluminum panels for updateable directory listings as the sign proposed along Rt. 29. Although this sign does fall within the Entrance Corridor Overlay District, it is not expected to be visible from Route 29, so the ARB has declined to review its application for a Certificate of Appropriateness. LOCATION AND DESCRIPTION OF THE PROPERTY: The property is known as Carmike Cinemas and is located approximately 400 ft. east of Route 29 North on Gardens Boulevard. The parcel is improved by the Carmike Cinemas movie theater. Tax Map 45, Parcel 104135 is zoned C -1, Commercial with Entrance Corridor and Airport Impact Overlay districts. CHARACTER OF THE AREA AND COMPREHENSIVE PLAN: 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 by the Board of Supervisors. 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 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. • No off -site sign special use permit or by -right sign permit could be located for the off -site freestanding sign currently erected on this parcel. STAFF COMMENT: 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. Generally, the ordinance is written 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. As you enter the back entrance to the Gardens Shopping Center, you notice that mature landscaping lines both sides of the Gardens Boulevard. Although it is not overwhelming, this landscaping does present a challenge to viewing the wall signage of businesses throughout the development, especially from within a vehicle. The proposed sign would quickly and easily inform motorists of the businesses located there as they enter the shopping center area. In doing so, this proposed sign serves at least two of the goals stated in Section 4.15.1. First, the consistent design theme at both entrances contributes to an attractive and harmonious environment. Secondly, the proposed size and height are appropriate for the speed at which vehicles will be entering the development, thereby improving vehicular safety while also avoiding the risk of saturating the area. It is staff opinion that the proposed location and composition of the sign is consistent with the intent of the sign ordinance. However, 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 the existing sign with one that mirrors a design approved by the ARB and unifies the entrances of 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. Therefore, staff finds that the proposed 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 freestanding sign, advertising both the on -site use and several business tenants shall be limited to a maximum of 24 square feet. ATTACHMENT A: Concept Drawing