HomeMy WebLinkAboutLOD201700017 Letter of Determination 2018-02-28�'IRGIN1P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 1, 2017
Ashley Davies, Williams Mullen
321 East Main Street, Suite. 4
Charlottesville VA 22902
RE: LOD201700017 — YARD Proposed Signage and Mural Zoning Determination at 5th
Street Station.
Dear, Ashley:
This letter is to provide an official determination in regards to your five questions
regarding sign regulations and the proposed mobile vendor space known as "The Yard"
in your exhibits.
Question #1: You requested confirmation that the sign regulations of 4.15 do not apply
to signs that are not visible from beyond the boundaries of the lot on which they are
located. The ordinance states in Section 4.15.2 (a) that "the requirements of section
4.15 shall apply to all outdoor signs and window signs, including all outdoor signs and
window signs in the entrance corridor overlay district, that are visible from beyond the
boundaries of the lots on which they are located. Each sign subject to this section 4.15
shall comply with all regulations applicable to that sign". Section 4.15.3 Definitions and
Qualifications also addresses your question by defining what a sign is. "Sign. The term
"sign" means any object, device or structure, or any part thereof including the sign face
and the sign structure, visible from beyond the boundaries of the lot on which it is
located, and which has copy containing commercial speech, noncommercial speech, or
governmental speech". Based on these two sections of the sign regulations we
have determined that a sign which is not visible from another parcel does not
meet the definition of a sign and therefore is not regulated by the requirements of
Section 4.15.
Question #2: Will the "Eat Here" wall sin shown on exhibit B be counted as a portion of
the maximum allowable wall signage for restaurant A. That sign, as shown on exhibit
B, would not count towards the maximum allowable wall signage for restaurant A
because it is not visible from another parcel and is therefore not defined or
regulated as a sign.
September 1, 2017
Ashley Davies
Page 2
Question #3: Confirm that sign regulations do not apply to mobile units as proposed for
the YARD. Is this proposed mobile kiosk considered seasonal sales a kiosk a food
truck or an advertising vehicle? The proposed `kiosk" is not a food truck or a mobile
vendor because it is not on wheels and is not able to be licensed by the Department of
Motor Vehicles. Since it is not mobile it will be treated as a permanent
establishment within the area known as the YARD. Any portion of this structure
visible from another parcel shall be subject to the sign regulations in Section
4.15.
Question #4: Is the proposed mural painted on the retaining wall at the western
entrance to the development as shown on Exhibit D exempt from the sign regulations?
The proposed mural would be exempt from the sign regulations. Section 4.15.3
Definitions and Qualifications states under the definition of a sign "The term "sign" does
not include: (ii) works of art in which creative skill or imagination is expressed in a visual
form, such as a painting or a sculpture, intended to beautify or provide an aesthetic
influence, and which contains no copy containing commercial speech".
Question #5: Does the outdoor plaza area and mobile vendor space as illustrated in
Exhibit B, count towards the total commercial square footage allotment for the 5th Street
Station development, as defined in the approved application plan? The outdoor plaza
area and space set aside for mobile food vendors would not count towards the
total commercial square footage allotment. The proposed kiosk in the plaza area
is viewed as being a permanent establishment and would count towards the total
commercial square footage allotment.
If you are aggrieved by this determination, you have a right to appeal it within thirty
(30) days of this notice, in accordance with Virginia Code § 15.2-2311. If you do not
file a timely appeal, this determination shall be final and un-appealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with Chapter 18, Section
34.3 of the Albemarle County Code, along with a fee of $258 plus the actual cost of
advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville,
Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal
of a decision of the zoning administrator or any other administrative officer pertaining to
the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are
located in Chapter 18, Section 34.3 of the Albemarle County Code. They may be
reviewed online at www.albemarle.org/countycodebza.
September 1, 2017
Ashley Davies
Page 3
(Please note that our online documents are in Adobe Acrobat PDF format and must be
viewed with the Adobe Acrobat Reader or an equivalent. A link to download the free
plug-in is available at the bottom of www.albemarle.org/cdapps.)
If you have any questions, please contact me.
Sincerely, .-
Ronald L. Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Copy: 5th Street Station Ventures LLC
John Blair, Assistant County Attorney
Amelia McCulley, Director of Zoning/Zoning Administrator