TOWNSHIP OF FERGUSON

Transcription

1 TOWNSHIP OF FERGUSON 3147 Research Drive State College, Pennsylvania Telephone: Fax: SIGN ORDINANCE AMENDMENT APPLICATION ANALYSIS 1. APPLICANT: HOSS S RESTAURANT OPERATIONS, INC. FOR PANDY FARM LP 2. LANDOWNER(S): PANDY FARM LP, 529 AIRPORT RD., CENTRE HALL, PA DB/PG: / 0596 (2004) 4. AGENT: N/A 5. SUBMISSION DATE: AUGUST 22, PROPERTY ADDRESS: 1450 & 1500 N. ATHERTON ST., STATE COLLEGE, PA PARCEL ID: ,005-,0000- AREA: 2.57 ACRES 8. EXISTING ZONING DESIGNATION: GENERAL COMMERCIAL (C) 9. REQUESTED ZONING DESIGNATION: N/A 10. EXISTING USE: RESTAURANT & RETAIL STORE 11. PROPOSED USE: N/A 12. ORDINANCE AMENDMENT REQUEST: CARL M. RAUP, CFO, HOSS S RESTAURANT OPERATIONS, INC., SUBMITTED AN APPLICATION FOR PROPOSED ORDINANCE AMENDMENT FOR PROPERTY LOCATED AT 1500 N. ATHERTON STREET. HOSS S RESTAURANT AND THE FORMER MATTRESS WORLD BUILDINGS REMAIN ON A PREVIOUSLY CONSOLIDATED PARCEL WITH ONE PRINCIPAL GROUND SIGN IDENTIFYING HOSS S RESTAURANT. THE MATTRESS WORLD BUILDING DOES PROVIDE AWNING SIGNAGE THAT WRAPS AROUND THE TOP FAÇADE ON THREE SIDES, FACING NORTH, SOUTH AND EAST, HOWEVER NO GROUND SIGN AT THE ENTRANCE OFF OF N. ATHERTON ST. THE APPLICANT REQUESTS AN AMENDMENT TO A.(2).A., PERTAINING TO GROUND SIGNS FOR COMMERCIAL USES, SPECIFICALLY NUMBER, WHERE THERE SHALL BE NOT MORE THAN ONE GROUND SIGN FOR EACH LOT. THE APPLICANT REQUESTS THAT THE FERGUSON TOWNSHIP SUPERVISORS AMEND THE ABOVE REFERENCED SECTION OF CHAPTER 19 SIGNS AND BILLBOARDS TO ALLOW NO MORE THAN TWO GROUND SIGNS IF A PARCEL HAS TWO OR MORE PRINCIPAL BUILDINGS (SEPARATE AND DISTINCT BUSINESSES ON IT AND MORE THAN ONE ACCESS POINT ONTO AN ARTERIAL ROAD. THE APPLICANT MAINTAINS THAT TRAFFIC VOLUMES ALONG NORTH ATHERTON STREET CONTINUE TO INCREASE AND DRIVERS TURNING INTO BUSINESSES HAS BECOME MORE OF A SAFETY ISSUE, ESPECIALLY WHERE TWO PRIMARY BUILDINGS EXIST ON THE SAME PROPERTY WITH TWO OR MORE SEPARATE ACCESS - A Home Rule Municipality -

2 POINTS. THE APPLICANT INDICATES THAT THEIR SITUATION IS UNIQUE AND THAT THEY MAY BE THE ONLY PARCEL WITH TWO PRIMARY COMMERCIAL BUILDINGS, IN A COMMERCIALLY ZONED DISTRICT, WITH TWO SEPARATE ACCESS POINTS ALONG A PRIMARY ARTERIAL ROADWAY. 13. BACKGROUND: IN LATE 1990, HOSS S STEAKHOUSE COMBINED THEIR PARCEL WITH THE ADJACENT PARCEL, FORMALLY USED BY PUROLATOR COMPANY, AND CONSOLIDATED TO ALLOW HOSS S STEAKHOUSE TO HAVE ADDITIONAL PARKING IN THE SETBACK AREA OF THE FORMER LOT. AT THAT TIME, TWO COMMERCIAL BUILDINGS EXISTED ON THE CONSOLIDATED PARCEL ALONG WITH SIGNAGE FOR HOSS S AND PUROLATOR COMPANY. HOWEVER, A SIGN POST AND SIGN FACE REMAINED WITHIN THE FRONT YARD OF THE FORMER PUROLATOR COMPANY BUILDING. THE ZONING OFFICER DETERMINED THAT THE THIS SECOND SIGN WOULD NOT BE COMPLIANT WITH THE SIGN ORDINANCE. ON JANUARY 10, 1991, GEORGE DIX APPLIED FOR A VARIANCE FOR SAFELITE AUTO GLASS AND ALTOONA NEON TO ALLOW FOR A 30 FT. 2 POLE (GROUND) SIGN AFTER THE LOT CONSOLIDATION. THE ZONING DECISION STATED THAT: WHEN THE NEW PARKING LOT IS COMPLETED, IT WILL BE COMMON TO BOTH HOSS S STEAKHOUSE AND TO SAFELITE AND MOTORISTS ENTERING THE DRIVEWAY FOR ONE LOCATION CAN GET TO THE OTHER LOCATION WITHOUT REENTERING NORTH ATHERTON STREET. THE ZONING HEARING BOARD DECIDED TO DENY THE VARIATION FROM THE FERGUSON TOWNSHIP SIGN ORDINANCE BASED ON THE PREMISE THAT THE APPLICANT DID NOT SHOW AN EXCEPTIONAL CONDITION OR HARDSHIP AND THE APPLICANT WAS THE AUTHOR OF HIS OWN HARDSHIP DUE TO THE LOT CONSOLIDATION. IN OCTOBER OF 1992, GARY MARCOTRIGIANO, GARY S ELECTRONICS, APPLIED FOR A SIMILAR VARIANCE RELATED TO AN AWNING SIGN ATTACHED TO THE BUILDING (FORMERLY MATTRESS WORLD) ADJACENT TO HOSS S STEAKHOUSE. AT THE TIME OF THIS VARIANCE REQUEST, MR. MARCOTRIGIANO STATED THAT HE REMOVED THE FACE AND POLE OF THE OLD PUROLATOR COMPANY SIGN WITHIN THE FRONT YARD ALONG NORTH ATHERTON STREET. THE REQUEST INVOLVED PERMITTING TWO AWNING SIGNS ON THE FRONT AND SIDE OF THE EXISTING BUILDING, AS ONLY ONE AWNING SIGN HAD BEEN ALLOWED FOR COMMERCIAL PROPERTIES UNDER CHAPTER 19, C. AT THE TIME OF THE REQUEST. THE SIGN SIZE LIMIT WAS 24 FT. 2 AND AN AWNING SIGN HAD BEEN PLACED ON THE BUILDING IN VIOLATION OF THE SIZE LIMIT, EXCEEDING THE ALLOWANCE BY 9.02 FT. 2. IN 1992, NO ADDITIONAL GROUND POLE SIGNS WERE PERMISSIBLE ON THE PROPERTY. ON OCTOBER 8, 1992, THE SIGN REVIEW BOARD UNANIMOUSLY APPROVED THE VARIANCES FOR GARY S ELECTRONICS PERTAINING TO INCREASED SIZE AND THE SECOND AWNING SIGN. FOLLOWING THAT DECISION, THE ZONING HEARING BOARD CONDUCTED THEIR HEARING AND AGREED TO ALLOW AN AWNING SIGN EXCEEDING 24 FT. 2, YET DENIED THE SECOND AWNING SIGN AT THE SIDE OF THE BUILDING. ON JULY 26, 2016, APPLICANTS MICK TROMBLEY AND CARL RAUP SUBMITTED AN APPLICATION FOR VARIANCE TO THE FERGUSON TOWNSHIP ZONING HEARING BOARD, PRECEDING THIS ZONING AMENDMENT REQUEST. AT THE HEARING, MR. RAUP TESTIFIED THAT THE FORMER MATTRESS WORLD BUILDING HAS NOT HAD TENANT STABILITY SIMILAR TO OTHER BUSINESS UP AND DOWN NORTH ATHERTON STREET DUE TO POOR VISIBILITY CAUSED BY A LACK OF PROPER SIGNAGE. SECONDLY, THE APPLICANTS TESTIFIED THAT TRAFFIC HAS INCREASED SUBSTANTIALLY ON THIS SEGMENT OF ROAD AND MAKING THE NEED FOR GOOD SIGNAGE A SAFETY ISSUE. THIS RECENT ZONING HEARING BOARD DECISION ACKNOWLEDGED THE PREVIOUS HEARINGS AND DECISIONS IN 1991 AND APPLICANT REQUESTED A VARIANCE FROM THE LIMITATION ON THE NUMBER OF GROUND SIGNS ALLOWED THE 2

3 IN THE GENERAL COMMERCIAL (C) DISTRICT UNDER A-2A TO INSTALL A SECOND GROUND SIGN AT 1500 NORTH ATHERTON ST. AS A RESULT, THE REQUEST FOR DIMENSIONAL VARIANCE THAT LIMITS ONE GROUND SIGN PER COMMERCIAL PROPERTY WAS DENIED BY A VOTE OF 5 TO HOSS S RESTAURANT AND MATTRESS WORLD PHOTOS & MAP: Hoss s Restaurant & Mattress World Building Mattress World 1450 & 1500 North Atherton St. T.P. # ,005, acres Hoss s Restaurant Two Access Points off of North Atherton Street 3

4 15. OTHER COMMERCIAL PROPERTIES WITH MULTIPLE BUSINESSES AND SIGNS: PROPERTIES OUTLINED BELOW ILLUSTRATE EXAMPLES OF MULTIPLE COMMERCIAL/RETAIL ESTABLISHMENTS ON ONE PARCEL WITH GROUND SIGNS. ALL EXAMPLES ARE LOCATED WITHIN THE GENERAL COMMERCIAL (C) DISTRICT OFF OF ARTERIAL OR COLLECTOR STREETS. Mike s TV/Appliance Monroe Muffler Three Access Points: (1) off of Denton Ave. & (2) off of North Atherton St. Monroe Muffler & Mike s TV and Appliance 1505 & 1515 North Atherton St. T.P. # ,118, acres Asian Market Car Rental Quality Inn Three Access Points: (1) off of Blue Course Dr. & (2) off of North Atherton St. Quality Inn, Asian Market and Enterprise Car Rental 215 Blue Course Dr. & 1276 & 1274 North Atherton St. T.P. # ,008, acres 4

5 Blue Team CVS Pharmacy Four Access Points: (3) off of Cherry Ln. & (1) off of North Atherton St. CVS Pharmacy and Blue Team Car Wash 117 W. Cherry Ln. & 1101 North Atherton St. T.P. # ,090A, acres Comfort Suites Sleep Inn Two Access Points: (1) off of N. Allen St. & (1) off of North Atherton St. Sleep Inn, Comfort Suites, Valvoline & College Village Ctr. 111, 132, Village Dr. T.P. # ,038, acres 5

6 Wiscoy ProCopy One Access Point off of West Aaron Dr. Wiscoy & Procopy Buildings (Aaron Plaza) 434 West Aaron Drive T.P. # ,019, acres Nittany Budget Motel Gigi s Two Access Points off of Cato Ave. Gigi s & Nittany Budget Motel 2070 Cato Ave. T.P. # ,070S, acres 6

7 HVAC LAVA One Access Point off of West College Ave. HVAC & LAVA Auto Body 3530 West College Ave. T.P. # ,079L, acres Three Access Points: Two (2) off of Enterprise Dr. and one (1) off of the lane though Rahal Honda from Cato Ave. Ferguson Square Enterprise Ln. T.P. # ,070R, acres 7

8 THERE ARE NUMEROUS EXAMPLES OF MULTIPLE COMMERCIAL BUILDINGS ON SINGLE PARCELS WITHIN THE GENERAL COMMERCIAL (C) ZONING DISTRICT, ESPECIALLY OFF OF ARTERIAL AND COLLECTOR STREETS. THE AFOREMENTIONED EXAMPLES ILLUSTRATE A VARIETY OF SIGNING WITHIN THE GENERAL COMMERCIAL (C) ZONING DISTRICT FROM SINGLE GROUND SIGNS FOR MULTIPLE BUSINESSES TO SINGLE GROUND SIGNS WITH MULTIPLE LISTED TENANTS. ONE PROPERTY IN PARTICULAR, THE QUALITY INN, ASIAN MARKET AND ENTERPRISE CAR RENTAL CONTAIN MULTIPLE GROUND SIGNS AND MAY BE ATTRIBUTABLE TO PREVIOUS LOT CONSOLIDATION. PERMITTED WALL SIGNAGE HAVE ALSO CONTRIBUTED TO IDENTIFICATION OF BUSINESSES ON BOTH THE CORNICE OF THE BUILDING FAÇADE OR AWNINGS. 16. SAFETY: THE APPLICANTS TESTIFIED AT THE JULY 26, 2016 ZONING HEARING BOARD MEETING THAT TRAFFIC HAS INCREASED SUBSTANTIALLY ON THIS SEGMENT OF ROAD (NORTH ATHERTON ST.) AND MAKING THE NEED FOR GOOD SIGNAGE A SAFETY ISSUE. THE PENNDOT 2014 TRAFFIC VOLUME MAP, PUBLISHED DECEMBER 2015, FOR CENTRE COUNTY INDICATES AN AVERAGE ANNUAL DAILY TRAFFIC OF 21,000 VEHICLES ALONG NORTH ATHERTON ST. UPON SUBMISSION OF THE SIGN ORDINANCE AMENDMENT REQUEST, STAFF OBTAINED FERGUSON TOWNSHIP POLICE CRASH REPORTING FORMS FOR INCIDENTS WITHIN THE PAST FIVE YEARS, FROM AUGUST 1, 2011 TO JULY 29, PLANNING AND ZONING STAFF MADE A REQUEST FOR ACCIDENT REPORTS WITHIN THE LAST FIVE (5) YEARS FOR THE SEGMENT OF NORTH ATHERTON STREET BETWEEN W. AARON DRIVE AND DENTON AVE., THE GENERAL AREA OF THE DRIVEWAY ENTRANCES TO THE MATTRESS WORLD BUILDING AND HOSS S RESTAURANT. YEAR ACCIDENT REPORTS N. ATHERTON ST. ACCIDENTS NORTHBOUND N. ATHERTON ST. ACCIDENTS SOUTHBOUND ACCIDENTS AT W. AARON DR. & N. ATHERTON ST. INTERSECTION ACCIDENTS AT N. ATHERTON ST. & DENTON AVE. TOTAL INTERSECTION * ** *** TOTAL * ACCIDENT INVOLVED A NORTHBOUND VEHICLE, ATTEMPTING TO TURN LEFT FROM CENTER LANE INTO HOSS S **ONE ACCIDENT WAS NOT ACCOUNTED FOR AT INTERSECTIONS OR NORTH/SOUTH BOUND DUE TO ITS LOCATION WITHIN THE HOSS S PARKING LOT ***TWO ACCIDENTS WERE NOT ACCOUNTED FOR AT INTERSECTIONS OR NORTH/SOUTH BOUND DUE TO THEIR LOCATION WITHIN THE HOSS S PARKING LOT FURTHER EXAMINATION OF THE FERGUSON TOWNSHIP POLICE DEPARTMENT ACCIDENT REPORTS REVEALED A MAJORITY OF CAR ACCIDENTS AT THE INTERSECTION OF WEST AARON DR. AND N. ATHERTON ST. THAT INVOLVED TURNING MOVES OR REAR END COLLISIONS. MUCH OF THE NORTH AND SOUTHBOUND TRAFFIC INVOLVED WITH ACCIDENTS ALSO INCLUDED REAR END COLLISIONS AND AT LEAST TWO HEALTH RELATED ACCIDENT TRIGGERS. NONE OF THE ACCIDENT REPORTS INDICATED THAT TURNING CONFUSION TOWARD THE SUBJECT PROPERTY CAUSED AN ACCIDENT. 8

9 17. PUBLIC NOTIFICATION, AGENCY REVIEW AND COMMENTS: STAFF HAS NOT DEVELOPED A DRAFT AMENDMENT AT THIS TIME FOR REVIEW. THE CENTRE REGIONAL PLANNING AGENCY DOES NOT PERFORM FORMAL REVIEWS OF SIGN ORDINANCE AMENDMENTS UNLESS IT IS A SPECIFIC REQUEST. RECOMMENDATION: STAFF IS CURRENTLY WORKING ON AN OVERALL SIGN ORDINANCE AMENDMENT AS A RESULT OF THE 2015 SUPREME COURT DECISION RESULTING FROM THE TOWN OF GILBERT, ARIZONA VS. REED. THE TOWN OF GILBERT, ARIZONA REGULATED SIZE, LOCATION AND NUMBER OF TEMPORARY CHURCH SIGNS, BUT DID NOT REGULATE POLITICAL, IDEOLOGICAL OR HOA SIGNS IN THE SAME MANNER. THE DECISION CAUSED MUNICIPALITIES ACROSS THE COMMONWEALTH AND THE UNITED STATES TO DETERMINE HOW CONTENT NEUTRAL EXISTING SIGN REGULATIONS MEET STRICT SCRUTINY WITH THE CASE. IN SUM, PLANNING AND ZONING STAFF CAN CONTINUE WITH THIS OVERALL UPDATE AND INCLUDE PROVISIONS FOR UNIQUE COMMERCIAL PROPERTIES AND ALLOW FOR A SECONDARY GROUND SIGN OF SMALLER PROPORTION TO THE PRIMARY GROUND SIGN AND AT A LOWER PROFILE. IF, ON THE OTHER HAND, THE PLANNING COMMISSION DETERMINES THAT A MORE EXPEDIENT PROCESS SHOULD BE TAKEN TO UPDATE THE SIGN ORDINANCE SPECIFIC TO THESE UNIQUE COMMERCIAL PROPERTIES, A RECOMMENDATION TO UPDATE THE CURRENT SIGN ORDINANCE CAN BE MADE SEPARATE FROM THE OVERALL SIGN ORDINANCE UPDATE. 9