Title
Resolution Authorizing the Grant of an Encroachment, Pursuant to § 34-86 of the City Code, to St. Marks United Methodist Church of Hampton of an Area Comprising 36 Square Feet, More or Less, for an Off-Premises Sign in an Area 17’ South of the Church’s Property at 99 E. Mercury Boulevard (LRSN 8001554) and 28’ North of the Edge of Pavement of E Mercury Boulevard
Purpose
PURPOSE/BACKGROUND:
The City owns the right-of-way identified as Mercury Boulevard (the “Property”). St. Marks United Methodist Church (“Licensee”) owns the property located at 99 E. Mercury Boulevard (LRSN 8001554) (“Licensee’s Parcel”) and wishes to install a sign in an approximately 36 square foot area, more or less, on the Property, in the area 17’ south of Licensee’s Parcel and 28’ north of the edge of pavement of the Property (the “Licensed Improvement”) as illustrated on Exhibit “A” attached to the Encroachment Agreement to enhance the line of sight from both directions on Mercury Boulevard over the sign that currently exists on Licensee’s Parcel.
The request was routed to staff and local utility companies. The utility companies do not have any objection. However, staff and the City Attorney’s Office do not recommend approval because (i) this off-premise sign violates § 10-8 of the Zoning Ordinance; (ii) sufficient space is available on Licensee’s Parcel to place the sign; and (iii) a compelling reason has not been provided to locate the sign on the Property. Licensee posits that the new sign, displaying the name of the church and upcoming events, will be placed in a location for greater visibility and longer reading time for motorists to digest information on its new electronic marquee, including identification of the church and upcoming events, than if the sign were placed solely on Licensee’s Parcel.
Council has disapproved similar requests in the recent past.
If Council is inclined to approve this encroachment, staff recommends that, pursuant to § 34-86 of the City Code, the following conditions be attached in addition to the normal conditions of approved encroachments: (i) the new sign shall comply with the sign ordinance regulations in Chapter 10 of the Zoning Ordinance; (ii) all existing freestanding signs on Licensee’s Parcel shall be removed prior to construction and installation of the Licensed Improvement; and (iii) the Licensed Improvement shall not be placed closer than 5’ to any existing utility.
Discussion:
N/A
Impact:
N/A
Recommendation:
Rec
Disapprove the Resolution
Body
WHEREAS, the City owns the right-of-way identified as Mercury Boulevard (the “Property”);
WHEREAS, St. Marks United Methodist Church (“Licensee”) owns the property located at 99 E. Mercury Boulevard (LRSN 8001554) (“Licensee’s Parcel”) and wishes to install a sign in an approximately 36 square foot area, more or less, on the Property, in the area 17’ south of Licensee’s Parcel and 28’ north of the edge of pavement of the Property (the “Licensed Improvement”) as illustrated on Exhibit “A” attached to the Encroachment Agreement to enhance the line of sight from both directions on Mercury Boulevard over the sign that currently exists on Licensee’s Parcel;
WHEREAS, the request was routed to staff and local utility companies;
WHEREAS, the utility companies do not have any objection;
WHEREAS, staff and the City Attorney's Office do not recommend approval because (i) this off-premise sign violates § 10-8 of the Zoning Ordinance; (ii) sufficient space is available on Licensee’s Parcel to place the sign; and (iii) a compelling reason has not been provided to locate the sign on the Property;
WHEREAS, the City generally prohibits off-premises signs absent compelling reasons; and
WHEREAS, in the event Council finds the proposed Licensee’s reasoning persuasive, pursuant to § 34-86 of the City Code, in addition to the normal conditions of approved encroachments, the City agrees to grant St. Marks United Methodist ofHampton a revocable license for the proposed encroachment under the conditions that (i) the new sign shall comply with the sign ordinance regulations in Chapter 10 of the Zoning Ordinance; (ii) all existing freestanding signs on Licensee’s Parcel shall be removed prior to construction and installation of the Licensed Improvement; and (iii) the Licensed Improvement shall not be placed closer than 5’ to any existing utility, 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 St. Marks United Methodist Church of Hampton is approved as conditioned; 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.