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HomeMy WebLinkAboutZTA201500004 Staff Report 2015-04-07COUNTY OF ALBEMARLE STAFF REPORT AGENDA TITLE: ZTA 2015 -4 Phase 1 Route 29 Solutions Business Signage SUBJECT /PROPOSAL /REQUEST: Public Hearing to Address ZTA 2015 -4 Phase 1 Route 29 Solutions Business Signage STAFF CONTACT(S): Kamptner, McCulley, Wright, Burbage AGENDA DATE: April 7, 2015 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: Beginning as early as May 2015, VDOT will begin utility relocation in preparation for the construction of the grade - separated interchange at the Route 29 — Rio Road intersection. A partial closure of the intersection is planned for a 103 day period from May 23, 2016 through September 2, 2016, during which traffic flow will be limited to through traffic on Route 29, right turns from Route 29 onto Rio Road, and right turns from Rio Road onto Route 29. Outside of this 103 day window, all construction activity will be limited to night work. According to VDOT, all business entrances will remain open during construction, including the 103 day period. Approximately 200 businesses (of which approximately 1/3 are in Fashion Square) are located in the affected corridor, which extends along Route 29 from Twentyninth Place Court to Woodbrook Drive. VDOT plans to use directional signage in the right -of -way to guide traffic to businesses during construction. While its plans for construction signage will not be finalized until July 2015, VDOT has enlisted the Route 29 Solutions Project Delivery Advisory Panel (PDAP) to provide feedback in the development of temporary construction signage for the affected corridor. In addition, VDOT has identified 10 signs (identifying 12 businesses) that will need to be removed to accommodate utility relocation and road construction. Removal of these signs could begin as soon as May 2015. VDOT has begun outreach to the 12 businesses and plans to compensate them for the loss of their signs. The County has also contacted the businesses and offered assistance with their signage needs. As part of its broader Route 29 Solutions Business Assistance Program effort, the County is considering changes to its sign regulations for businesses affected by Route 29 Solutions construction. Phase 1 of these changes addresses temporary signs for the businesses whose permanent signs will be removed as a result of the construction and utility work. This phase has been prioritized due to the time sensitive nature of the utility work. Future phases will address temporary and permanent signage for all other businesses in the affected corridor and will involve more extensive outreach to the business community. At their meeting on March 4, the Board of Supervisors adopted a Resolution of Intent to address Phase 1 (Attachments B & C). DISCUSSION: Currently, the County's temporary sign regulations allow: Each "establishment" to have up to 6 temporary signs per year. Each temporary sign to be up to 32 square feet in size, up to 12 feet in height, and as close as 5 feet to the right -of -way. Each temporary sign to be erected for up to 15 days. The aggregate temporary signage for each establishment may not exceed 60 days per year. Time that a temporary sign is up without a permit is deducted from the time allowed. These signs are not subject to approval by the Architectural Review Board (ARB). With their signage scheduled for removal as early as May, the 12 affected businesses may choose to not replace their permanent signs until construction is completed in late 2016. An extension of the current 60 day limit would enable these businesses to display temporary signage until their permanent signs can be replaced. At their February 17 meeting, the ARB expressed support for allowing the 12 businesses to display a temporary sign for the duration of construction. The key provisions of the proposed ordinance (Attachment A) include: Clarification of the temporary sign definition Provision for a temporary sign replacing a permanent sign removed as a result of a VDOT construction project to remain for 1) the duration of construction, or 2) until a permanent sign to replace the removed permanent sign is erected on the lot, whichever occurs first Clarification that the current allowance for six temporary signs per establishment per year is in addition to a temporary sign replacing a permanent sign removed as a result of a VDOT construction project Exemption from the ARB review process if the permanent sign that was removed previously had a certificate of appropriateness and the replacement sign is in compliance with that certificate of appropriateness Administration / Review Process: Although there is the potential for these ordinance changes to generate additional temporary sign applications, it is not anticipated that these changes will significantly impact sign permit review times over the long term. Because temporary signs are not reviewed by the ARB, their review process will not be affected. Housing Affordability: There is no anticipated impact on housing affordability. Implications to Staffing / Staffing Costs: There is no anticipated need for additional staffing as a result of the ordinance changes. RECOMMENDATION: Staff recommends that following the public hearing, the Planning Commission adopt the attached Proposed Zoning Ordinance Amendment (Attachment A). ATTACHMENTS: Attachment A: Proposed Zoning Ordinance Amendment Attachment B: Resolution of Intent Attachment C: Executive Summary for March 4 Board of Supervisors Meeting RESOLUTION OF INTENT WHEREAS, the Albemarle County Zoning Ordinance regulates temporary signs and allows each business to obtain up to six (6) temporary sign permits per year, limits each permitted temporary sign to be erected for not more than fifteen (15) consecutive days, and limits temporary signs being erected at a business for more than sixty (60) days, in the aggregate, in a calendar year; and WHEREAS, the road construction project commonly known as the "Route 29 Solutions" project will require the removal of approximately ten (10) privately -owned permanent signs along Route 29 North between the southern terminus of Berkmar Drive and Myers Drive to the north to allow utilities to be relocated; and WHEREAS, the removal of these permanent signs may be as soon as Spring 2015 and the affected businesses may prefer to not establish new permanent signs until the Route 29 Solutions project is completed; and WHEREAS, it may be desirable to amend the County's regulations for temporary signs, under suitable standards, to extend the duration for which temporary signs may be erected to allow those businesses whose permanent signs are removed in conjunction with a road construction project to erect temporary signs until new permanent signs are erected or the road construction project is completed, whichever occurs first. 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 Albemarle County Code § 18 -4.15, Signs, 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 Ms. Dittmar Ms. Mallek Ms. McKeel Ms. Palmer Mr. Sheffield Clerk, Board of County Supervisors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Phase 1 Route 29 Solutions Business Signage Impacts March 4, 2015 SUBJECT /PROPOSAL /REQUEST: ACTION: X INFORMATION: Resolution of Intent and Work Session to address Phase 1 Route 29 Solutions Business Signage Impacts CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Foley, Walker, Davis, Kamptner, McCulley, Wright, ATTACHMENTS: Yes Burbage REVIEWED BY: PRESENTER (S): Amelia McCulley, Amanda Burbage LEGAL REVIEW: Yes BACKGROUND: Beginning as early as spring 2015, VDOT will begin utility relocation in preparation for the construction of the grade - separated interchange at the Route 29 — Rio Road intersection. A partial closure of the intersection is planned for a 103 day period from May 23, 2016 through September 2, 2016, during which traffic flow will be limited to through traffic on Route 29, right turns from Route 29 onto Rio Road, and right turns from Rio Road onto Route 29. Outside of this 103 day window, all construction activity will be limited to night work. According to VDOT, all business entrances will remain open during construction, including the 103 day period. Approximately 200 businesses (of which approximately 1/3 are in Fashion Square) are located in the affected corridor, which extends from the southern terminus of Berkmar Drive north to Myers Drive. VDOT plans to use directional signage in the right -of -way to guide traffic to businesses during construction. While its plans for construction signage have not been finalized at this time, VDOT has enlisted the Route 29 Solutions Project Delivery Advisory Panel (PDAP) to provide feedback in the development of temporary construction signage for the affected corridor. In addition, VDOT has identified 10 signs (identifying 12 businesses) that will need to be removed to accommodate utility relocation and road construction. Removal of these signs could begin as soon as spring 2015. VDOT has begun outreach to the 12 businesses and plans to compensate them for the loss of their signs. The County recognizes the importance of effective signage as a key component of the County's overall business assistance strategy, and is focused on working proactively with VDOT and business representatives to ensure that the County is aware of and responsive to the needs of establishments in the affected corridor. Prior to any work beginning on the interchange project, the County has been asked to consider changes to its sign regulations in order to accommodate businesses that may be affected by Route 29 Solutions construction. The signage needs will be discussed in terms of three project phases. STRATEGIC PLAN: Economic Prosperity: Foster an environment that stimulates diversified job creation, capital investments, and tax revenues that support community goals DISCUSSION: It is staff's opinion that VDOT temporary construction signage will be most effective for wayfinding due to its highly visible location in the right -of -way and visual consistency with other roadway signage. To compliment VDOT's signage efforts, staff proposes considering signage on private property in three phases: Phase 1: Temporary Signage for Businesses Whose Signs Will Be Removed It is staff's opinion that the businesses whose signs will be removed will benefit most from revisions to the current temporary sign regulations. Currently, the County's temporary sign regulations allow: Each "establishment" to have up to 6 temporary signs per year. Each temporary sign to be up to 32 square feet in size, up to 12 feet in height, and as close as 5 feet to the right - of -way. Each temporary sign to be erected for up to 15 days. AGENDA TITLE: Phase 1 Route 29 Solutions Business Signage Impacts March 4, 2015 Page 2 The aggregate temporary signage for each establishment may not exceed 60 days per year. Time that a temporary sign is up without a permit is deducted from the time allowed. These signs are not subject to approval by the Architectural Review Board. With their signage scheduled for removal as early as this spring, many of these businesses may choose to not replace their permanent signs until construction is completed in late 2016. An extension of the current 60 day limit would enable these businesses to display temporary signage until their permanent signs can be replaced. Because this is the most time - sensitive issue, staff believes it should be considered prior to addressing other signage needs so that new regulations are in place by the time the signs are removed. Phase 1 signage is the subject of the attached resolution of intent. Staff has reached out to these businesses to offer assistance and to let them know that the County will be considering changes to its temporary sign regulations to accommodate the loss of their signs. Staff is working with VDOT to coordinate the timing for removal of existing signs with the establishment of new regulations. Phase 2: Temporary Signage for Businesses in the Affected Area During Construction With approximately 200 businesses in the affected area, both VDOT and County staff share concerns about the potential for increased temporary signage on private property creating confusion in the field of vision and unsafe driving conditions in an already visually congested construction zone. Therefore, it is the opinion of County staff that any provision to allow additional temporary signs during construction should be very limited and focused so as to be effective. Staff also is evaluating whether changes to the temporary sign regulations should be considered for all businesses in the affected corridor during construction and whether these provisions should apply to similar road construction projects in the future. Because construction is not scheduled to begin until May 2016, there is more time to seek input from the business community on their temporary signage needs. Furthermore, because staff believes that signage located in the right -of -way is more effective than signage located on private property during construction, staff plans to meet with stakeholders once the VDOT signage plan has been finalized. No Board action is required on Phase 2 at this time. Once staff has the information to formulate a recommendation, we will return to the Board for consideration. We will schedule this Board discussion to occur by September so that any amendments could be in place by January 2016. Phase 3: Changes to Permanent Signage for Businesses in the Affected Area The creation of the grade- separated interchange has sparked some concern from the business community about the visibility of permanent on -site signage once construction is complete. As the 29 Solutions project progresses and businesses are more aware of their long -term signage needs, staff can begin to evaluate whether changes to the permanent sign regulations should be considered for businesses in the affected corridor. Staff will seek input from the business community on this Phase 3 issue. No Board action is required on Phase 3 at this time. Once staff has the information to formulate a recommendation, we will return to the Board for consideration. We will schedule this Board discussion with Phase 2 signage to occur by September. BUDGET IMPACT: There is a potential for a temporary increase in staff time that would be required to review temporary sign applications associated with this Zoning Ordinance amendment. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution of Intent (Attachment A). ATTACHMENTS: Attachment A: Resolution of Intent to Address Return to agenda ase 11 Route 29 Solutions Business Sianaae Impacts