Title
Resolution Authorizing the Grant of an Encroachment Into a 36 Square Foot Area, Pursuant to § 34-86 of the City Code, to NVR, Inc. t/a Ryan Homes for the Installation of a 4’x 8’ Off-Premises Sign at the Intersection of Lynnhaven Drive and Todds Lane
Purpose
PURPOSE/BACKGROUND:
The City owns the rights of way known as Lynnhaven Drive and Todds Lane. NVR, Inc. t/a Ryan Homes, with a mailing address at 5360 Discovery Park Boulevard, Suite 201, Williamsburg, Virginia 23188, has been building homes nationwide for over 65 years and currently is building homes in the Avon Estates subdivision on Lynnhaven Drive.
To promote marketing and pursuant to § 34-86 of the City Code, Ryan Homes requests that the City grant it permission to encroach into an area of approximately 36 square feet to install an off-premises sign measuring 4’ wide and 8’ tall, as illustrated on Exhibit "A" attached to the accompanying Encroachment Agreement (the "Agreement"), for five months, at the intersection of Lynnhaven Drive and Todds Lane as depicted on Exhibit "B" attached to the Agreement.
Staff does not recommend approval of this request because (a) it is inconsistent with § 10-4(12) of the zoning ordinance, in that off-premises advertising signs are permitted only if the use is grandfathered as of September 1, 1988, (b) none of the exemptions apply, and (c) it would set an adverse precedent pursuant to Council’s previous determinations. If Council were to approve the request, however, staff recommends imposing the following conditions: (1) the sign must be designed and installed substantially as illustrated on Exhibit "A" and mounted such that, if it falls, it will not present a hazard to vehicular traffic; (2) the sign must be located in the area designated on Exhibit "B" with the final location being coordinated with the Traffic Division of Public Works; (3) the sign must not impair vehicular visibility; (4) the sign must be constructed of crashworthy material; and (5) Ryan Homes must call Miss Utility prior to installation to avoid all utilities in the area, including but not limited to the underground 8" cast iron sanitary sewer force main and the Dominion Power and Verizon infrastructure.
Recommendation:
Rec
Recommend Denial
Body
WHEREAS, the City owns the rights of way known as Lynnhaven Drive and Todds Lane;
WHEREAS, NVR, Inc. t/a Ryan Homes, with a mailing address at 5360 Discovery Park Boulevard, Suite 201, Williamsburg, Virginia 23188, has been building homes nationwide for over 65 years and currently is building homes in the Avon Estates subdivision on Lynnhaven Drive;
WHEREAS, to promote marketing and pursuant to § 34-86 of the City Code, Ryan Homes requests that the City grant it permission to encroach into an area of approximately 36 square feet to install off-premises sign measuring 4’ wide and 8’ tall, as illustrated on Exhibit "A" attached to the accompanying Encroachment Agreement (the "Agreement"), for five months, at the intersection of Lynnhaven Drive and Todds Lane as depicted on Exhibit "B" attached to the Agreement;
WHEREAS, staff recommends the following conditions upon approval: (1) the sign must be designed and installed substantially as illustrated on Exhibit "A" and mounted such that, if it falls, it will not present a hazard to vehicular traffic; (2) the sign must be located in the area designated on Exhibit "B" with the final location being coordinated with the Traffic Division of Public Works; (3) the sign must not impair vehicular visibility; (4) the sign must be constructed of crashworthy material; and (5) Ryan Homes must call Miss Utility prior to installation to avoid all utilities in the area, including but not limited to the underground 8" cast iron sanitary sewer force main and the Dominion Power and Verizon infrastructure; and
WHEREAS, pursuant to § 34-86 of the City Code, the City agrees to grant Ryan Homes a revocable license for the proposed encroachment under certain terms and conditions as specified in the attached Encroachment Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That the Encroachment Agreement between the City of Hampton and NVR, Inc. t/a Ryan Homes is hereby approved; and
2. That the City Manager, or her authorized designee, and Clerk of Council are hereby authorized to execute and attest the Encroachment Agreement, as set forth in this Resolution.