Bass Pro World Wide Sportsman Atlantic City. Block 281, Lots 1 10 & 12 Columbus Boulevard, Atlantic Ave., Mississippi Ave. and Artic Ave.

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1 Bass Pro World Wide Sportsman Atlantic City Block 281, Lots 1 10 & 12 Columbus Boulevard, Atlantic Ave., Mississippi Ave. and Artic Ave. Variance Justification Report August 22, 2013 Atlantic City Associates Number Four, LLC ( Applicant ) has submitted an application to the Casino Reinvestment and Development Authority (CRDA) for preliminary and final site plan approval, conditional use approval for the two outdoor advertising signs and variance and waiver relief for the Project in order to allow the construction of an 85,811 square foot Retail Store with a restaurant and bowling lanes. The conditional use variance is being requested for the two outdoor advertising signs since they will not comply with specific requirements of the conditional use regulations governing such signs. The site is located within the Central Business District (CBD) Zone of Atlantic City and falls within the CRDA s Tourism District. The proposed sporting goods retail facility, restaurant and recreational uses are permitted within this zone. Outdoor advertising signs are also permitted as a Conditional Use within the CBD Zone. Side Yard Setbacks 3 variances The principal structure proposed will meet all of the area and bulk requirements of the CBD zone except for three side yard setbacks adjacent to block 281,lot 11. This lot contains the Manhattan Cleaners building and is not part of the current application. The ordinance in section D, Schedule I, initially does not require side yard setbacks. In note #5 of the schedule, it states that if a setback is proposed, a minimum of 20 feet shall be provided. The Bass Pro Store is proposed with a 3 foot setback to the southwesterly property line and 4 foot setbacks to the northwesterly and northeasterly property lines. The existing structure on lot 11, Manhattan Cleaners, is set for demolition as part of an environmental cleanup of the property. These variances fall within the c(2) category of variances and under the Municipal Land Use Law, (MLUL) it must be shown that the variance request relates to a specific piece of property and that the purposes of the MLUL, also known as the Act, would be advanced by a deviation from the zoning ordinance. The benefits of the deviation must also substantially outweigh any detriment. The purposes of the MLUL, are outlined in 40:55D-2 of the Act. The application and all of the variances relate to this specific site in that the CRDA has targeted not only this zoning district but this specific site for redevelopment under its current master plan. The master plan calls for the continuation of the retail development associated with The Walk and this particular site is outlined in the developer s agreement with the Cordish development group. 1

2 Positive Criteria c(2) The variances associated with the side yards adjacent to lot 11 advance the purposes of the Act as follows: 40:55D-2.a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals and general welfare: Under the Atlantic City Ordinance, side yard setbacks are not required to be provided. Schedule I, Commercial Districts lists side yard setback as N/A and refers the reader to Note #5, which states: Where no side yard is required, but one is provided, such side yard shall be not less than twenty (20) feet in width, except that such a side yard in the Neighborhood Commercial Districts may be fifteen (15) in width. It was determined that the Manhattan Cleaners building site could not be demolished and cleaned up before the Bass Pro facility was to be constructed. As such, it was decided the best course of action would be to not construct the Bass Pro building on the property line as permitted by the ordinance but to offset the structure in order to provide additional space for the demolition and clean-up of the Manhattan Cleaners site. By providing a minimal setback to allow for the demolition and environmental clean-up of an adjacent site, the reduced setback promotes the health, safety and general welfare of the public. In my opinion, this is a benefit that will substantially outweigh any detriment the reduced setback would cause. 40:55D-2.c. To provide adequate air, light and open space: While the setback to the property line is less than the 20 feet required by the Ordinance, the end result will allow for a substantial amount of air, light and open space at the corner of Mississippi and Atlantic Avenues. The Manhattan Cleaners building is set to be demolished and the area of lot 11 will create open space between the landscaped corner of the site and the outdoor restaurant feature, Uncle Buck s Fish Bowl. 40:55D-2.m. To encourage coordination of the various public and private procedures and activities shaping land development and to the more efficient use of land: By anticipating the demolition of the adjacent structure and constructing the Bass Pro building closer to the property line, the design incorporates the open space into the overall concept of the site. It is anticipated that lot 11 will eventually become a part the Bass Pro facility. 2

3 Negative Criteria The negative criteria under the MLUL states that no variance or other relief may be granted without showing that such relief can be granted without a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan or zoning ordinance. In this particular case, both of these prongs of the negative criteria can be addressed by the fact the under the ordinance, a zero setback is permitted. The applicant has provided the setbacks as shown in order to allow the adequate clean-up and demolition of the structure on the adjacent lot. Since the ordinance contemplates zero setbacks in this district, the provision of setbacks of 3 and 4 feet are not a substantial detriment to the public good and will not substantial impair the intent and purpose of the zone plan. Off-street Parking 1 variance The parking calculation in Schedule IV of the ordinance requires a total of 411 off-street parking spaces. The proposed design shows a total of 209 parking spaces on the site. A variance is necessary for the reduction of 202 off-street spaces. Positive Criteria c(2) The variances associated with the reduced off-street parking advance the purposes of the Act as follows: 40:55D-2.m. To encourage coordination of the various public and private procedures and activities shaping land development and to the more efficient use of land: The CRDA constructed The Wave, an approximately 1300 space parking garage on the block just to the northwest of the Bass Pro site. This facility was designed to provide parking for all of the activities and uses within The Walk and is less than 225 feet from the Bass Pro site. Very few of the existing retail stores, restaurants and other uses in The Walk provide on-site parking and rely on the Wave and on-street parking and the thousands of parking spaces within in nearby hotel/casino parking garages. Bass Pro is being proactive and providing a significant number of off-street spaces for use by both Bass Pro patrons and others that are shopping or dining in other facilities within The Walk. These spaces will provide adequate parking for many of Bass Pro s patrons and have the availability of overflow parking a short walk away. By using the public parking facility provided by the CRDA and providing 209 off-street spaces, Bass Pro is developing the site in an efficient manner and using both public and private parking facilities to address the local parking demand. 3

4 Negative Criteria Since there will be over 1500 spaces either on the subject property or within a short distance of the site, there is no substantial detriment to the public good and the reduction of off-street spaces will not substantially impair the intent and purpose of the zone plan or zoning ordinance. Pole Mounted Sign, Structural Type and Height 2 variances The applicant proposes a pole mounted sign at the northwest corner of Columbia Boulevard and Atlantic Avenue. Section limits the structural types of signage permitted in the zone. Various types of signs are permitted, including ground mounted, projecting, wall and window signs. Pole signs are excluded from the list of permitted signs, therefore the proposed sign will require a variance. This same sign will require a variance for height, in that the proposed sign will have an overall height of 52 feet from grade and these types of signs are limited to 30 feet. These variances fall within the c(1) category of variances and under the Municipal Land Use Law, (MLUL) it must be shown that by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property, the strict application of the regulation would result in peculiar and exceptional practical difficulties to the developer of such property. Positive Criteria c(1) & (2) The majority of the existing uses within The Walk are retail stores set up with multiple stores in one overall structure. Each of these structures is set very close to street frontages which allows their signage to been seen much more easily by pedestrian and vehicular traffic. The design of the Bass Pro facility with the provision of off-street or onsite parking does not allow for the signage typically associated with the stores throughout The Walk. The need to identify the site along the Atlantic Avenue corridor is addressed by the proposed pole sign. The sign orientation is perpendicular to Atlantic Avenue so the face of the signage is focused northeast and southwest along the length of Atlantic Avenue. In addition to the site layout driven need for the pole sign, the existing and proposed streetscape along the Atlantic Avenue limit the visibility of a ground mounted sign at this corner. The landscaping proposed along Atlantic Avenue will render a low ground mounted sign useless and could cause a safety concern for those patrons accessing the site via automobile. In addition to the landscaping, the proposed parking spaces on each side of the project site would also interfere with signs visibility. The need to raise the sign above the streetscape and parked vehicles creates an extraordinary and exceptional situation affecting this site. This pole sign will also require a height variance to be constructed to a height of 52 feet. The maximum permitted under the ordinance is 30 feet. As noted above, the need to 4

5 install a pole type sign is critical to providing not only store identification but the ability to inform the travelling public of the sites location. During our site reconnaissance it became obvious that any proposed ground mounted sign or lower signage at the proposed location would not be visible from the Atlantic Avenue corridor due to several factors. As discussed above, the streetscape along the Atlantic Avenue frontage limits the visibility of the sign up and down the street. Existing roadway signs and existing and proposed streetscape as well as traffic on the street itself obstructs the view signs proposed on grade as you drive in either direction on Atlantic Avenue. Even a pole sign proposed at this location at a height of 30 feet would not be clearly visible from a vehicle traveling from uptown toward the site. The existing structures along Atlantic Avenue and the Tangers sign at the corner limit the signs visibility from that direction. The proposed height of 52 feet allows the sign to have adequate visibility from both directions along Atlantic Avenue. Case law and NJDOT study supports more visible and clearly legible signage as an aide to vehicular and pedestrian safety, as such businesses must be appropriately and adequately identified to serve the public health safety and general welfare. Traffic safety would be improved and/or protected by providing adequate advanced notice for drivers to be able to slow and make the appropriate turn into the site. This justification can also be held to address the variances under the c(2) criteria for promoting the health, safety and general welfare of the public. Negative Criteria Normally a sign proposed at this height would most likely be the highest structure or signage in its general vicinity. In this particular case however the backdrop adjacent to and behind the proposed sign will be significantly higher. As shown in the photographs below, the impact of the proposed sign will be significantly reduced by the signage and structures on the ocean side of Atlantic Avenue. The advertising signage on top of the former 40/40 Club is approximately 35 feet high, the Caesars parking garage itself is between 90 and 100 feet tall, the Trump Plaza garage is roughly 85 feet from grade and most significantly the Trump Plaza pole sign at the intersection is between 45 and 50 feet in height. With these existing structures and signs as the backdrop for the Bass Pro sign, the character of the neighborhood and the Central Business District will not be substantially impaired and there will be no substantial detriment to the public good. 5

6 Figure 1 - View along Columbus Boulevard from Artic Ave. Figure 2 - View from site entrance toward Atlantic Ave. 6

7 Ground Mounted Sign, Height 1 variance The applicant proposes a ground mounted sign at the southwest corner of Columbus Boulevard and Artic Avenue. Section limits the height of ground mounted signs to 5 feet from grade. The ground mounted sign is proposed with a height of from grade. Similar to the pole sign issues with visibility, the existing streetscape, infrastructure and elevation of the development with Phase III of The Walk, all would restrict the visibility of a 5 foot tall ground mounted sign. Positive Criteria c(2) 40:55D-2.a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals and general welfare: The proposed height of feet allows the sign to have adequate visibility as vehicles approach the site along Columbus Boulevard. As indicated above case law and NJDOT study s support more visible and clearly legible signage as an aide to vehicular and pedestrian safety, as such businesses must be appropriately and adequately identified to serve the public health safety and general welfare. Traffic safety would be improved and/or protected by providing adequate advanced notice for drivers to be able to slow and make the appropriate turn into the site. Negative Criteria This variance can be granted without a substantial detriment to the public good in that it will have a negligible impact on any adjacent property owners, will not obstruct views of other property owners, will not interfere or obstruct sight triangles, will not interfere with right of way and will be compatibly designed with other signage proposed for the site. The proposed foot tall sign will not substantially impair intent and purpose of the zoning ordinance and zone plan in that it will permit the viable, permitted, retail use of site to be properly advertised and signed in a safe and efficient manner. Roof signs 2 variances While all of the signage proposed to be mounted to the building will meet the size limitations of the Ordinance, section does not permit roof signs. Roof signs are defined as those signs mounted to the roof of a building or which is wholly dependent upon the building for support and which project more than six inches above the highest point of a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck of a building with a mansard roof. Under this definition the applicant proposes two roof mounted signs. Two signs spelling out Bass Pro Shops are proposed on the pitched roof portion of the structure, one facing in an easterly direction and the other to the west. The sign are not externally lit and provide site identification not only from the air but for various high rise hotels and casinos in the vicinity of the site. 7

8 Positive Criteria c(2) 40:55D-2.i. To promote a desirable visual environment through creative development techniques and good civic design and arrangement. The roof signage design in not only intended as an identification sign, but as part of the overall aesthetics and appeal of the site. The City suggests various Urban Design Standards to improve the appearance of flat roof structures. The addition of the peaked roof sections and the name of the store are architectural features designed to break up the monotony that can occur with flat roof buildings. We feel that the improved aesthetics of the signage and peaked roof provide an enhanced, more desirable visual environment. Negative Criteria This variance can be granted without a substantial detriment to the public good in that it will have a negligible impact on any adjacent property owners, will not obstruct views of other property owners and will be compatibly designed with other signage proposed for the site. The proposed roof signs are included in the overall calculation for building signage that limits each façade or view of the building to 25% of the building facade. No variances are being requested from this section of the ordinance. Accordingly we believe that the roof signage will not substantially impair intent and purpose of the zoning ordinance and zone plan in that it will permit the viable, permitted, retail use of site to be properly identified and signed in an aesthetic fashion. Loading in Front yard 1 variance The ordinance does not permit loading areas within the front yards of uses or lots within the CBD. Since the proposed site encompasses almost an entire city block and has frontage on all four surrounding streets, the applicant cannot comply with this section of the ordinance. Positive Criteria c(1) This variance falls within the c(1) or hardship category of variances and under the Municipal Land Use Law, (MLUL) it must be shown that (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property, the strict application of the regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon, the developer of such property. This variance can be granted since the exceptional physical feature is the fact that a loading area any place on the site would be in a front yard. The majority of the other retail uses in the area have access behind the structures via either limited access streets or alleys. That option is not possible 8

9 when this particular retail facility is entirely within just one structure and is contained within an entire city block with streets on all four sides. We have designed the loading area in the most advantageous location for access to the site by trucks, the least amount of impact on adjacent roadways and on the corner farthest from the day to day activity of The Walk. Negative Criteria This variance can be granted without a substantial detriment to the public good in that it will have a negligible impact on any adjacent property owners, the number of deliveries is not anticipated to be excessive and has been designed to accommodate the truck maneuvers outside of the traveled way of Artic Avenue. We believe that the loading area will not substantially impair intent and purpose of the zoning ordinance and zone plan in that it will permit the viable, permitted, retail use of site to be provided with an adequate loading area. Outdoor Storage of Merchandise (Boats) 1 variance The outdoor storage of merchandise is not permitted under the ordinance. Bass Pro proposes to have a display area at the northwest corner of the building for various types of boats that the operation sells. Positive Criteria c(2) 40:55D-2.i. To promote a desirable visual environment through creative development techniques and good civic design and arrangement. The boat display in not only intended as an advertising mechanism, but as part of the overall aesthetics and appeal of the site. Very similar to a display area for a car dealership, these boats will be examples of products that are to be sold in the Bass Pro Shop. The display is also integral to the entire experience that Bass Pro tries to create with all of their facilities. A sportsman s (or sportswoman s) paradise, one place where you can get everything you need for outdoor recreation and sport. The boat display enhances the sportsman s theme of the site and provides another draw mechanism to bring people into the store. Negative Criteria This variance can be granted without a substantial detriment to the public good in that it will have a negligible impact on any adjacent property owners, will not obstruct views of other property owners and will be compatibly designed with the overall theme of the Bass Pro Shop. Accordingly we believe that the roof signage will not substantially impair intent and purpose of the zoning ordinance and zone plan in that it will permit the viable, permitted, retail use of site to be properly advertised and signed in an aesthetic fashion. 9

10 Urban Design Standards 5 variances (parking in front yards (3), no retail access along frontage (1) & roof garden architectural feature (1) Under section Urban Design Standards, parking along street frontages is not permitted. Similar to the issues raised with the loading area within a front yard, this site has frontage on all four sides and the limitation from parking along any street frontage creates a hardship for this particular site. This section also requires that all frontages to be designed predominately with entrance lobbies and retail commercial uses. While the use along Mississippi Avenue is retail, no entrances to the retail portions of the Bass Pro Shop is being provided. The last Urban Design Standard that we do not comply with is the requirement for a roof garden. The Bass Pro Shop incorporates sections of pitched or gable roofs and an architectural feature with a seashore theme designed into the flat portion of the roof. Positive Criteria c(1) This variance falls within the c(1) or hardship category of variances and under the Municipal Land Use Law, (MLUL) it must be shown that (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property, the strict application of the regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon, the developer of such property. This variance can be granted since the exceptional physical feature is the fact that any location on the site that did not provide and entrance lobby or retail store access would be in along a street frontage. As indicated above the majority of the other retail uses in the area have access behind the structures via either limited access streets or alleys. The facility needs to have a back of the house area for storage of retail stock to be sold in the store. In order to supply the varying departments of the store, the storage and staging of the merchandise occurs along the rear wall of the structure. This rear wall is along Mississippi Avenue and is therefore along a street frontage. A variance is requested for this relief. This is also the case with the parking along the street frontages. The three remaining frontages, Artic Avenue, Columbus Boulevard and Atlantic Avenues will all have parking spaces on the site and along the street frontage. Since this site is entirely surrounded by streets, any location for parking would generate this variance. We have attempted to provide on-site parking as required by the land use ordinance, but in effort to provide such parking, a variance for the location of the spaces is required. Negative Criteria This variance can be granted without a substantial detriment to the public good in that we have proposed various features on the structure to both soften the look and enhance the retail feel at the sidewalk level. We have added a locally themed mural to the wall, a Bas-relief piece of artwork, art panels and at the suggestion of CRDA s planning staff, 10

11 shadow boxes that will replicate display windows along the lower wall of the structure. The area will also include a green streetscape with both low and mid height plantings along the pedestrian walkway. The desired retail theme will be replicated along the frontage. We believe that the new design will meet the spirit of the ordinance if not the exact requirement for retail access. Providing parking in a retail environment will not substantially impair the intent and purpose of the zoning ordinance and zone plan. We believe that the architectural features proposed for the roof of the structure adequately address the concerns of aesthetics for the views of the roof from adjoining high rise structures and will not create a substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning ordinance and zone plan. Figure 3- Roof Plan with Seashore Themed images. 11

12 Outdoor Advertising Signs 4 variances (2 signs w/in 500 of another) (2 variances for size) Section I(8)(d)[3](d) Location of advertising signs greater than 300 feet shall not be within a 500 foot radius of another such sign. Sign #1, closest to Artic Avenue is 503 feet from the existing sign on top of the former 40/40 Club and also more than 500 feet from the sign painted on the side of the Manhattan Cleaners building. No variances are needed since the separation requirement has been met. Sign #2, just past the entrance to the site from Columbus Boulevard, the proposed sign will be 229 feet from the 40/40 Club sign and 186 feet from the Manhattan Cleaners sign. Two variances are needed for the location of sign #2. Section I(8)(d)[4]. The size of outdoor advertising signs is limited to 60 square feet. Both proposed signs will be 450 square feet and will therefore require two variances for sign size. These variances all fall within the d(3) variance criteria as variances from specific conditions of a permitted conditional use. In establishing the required special reasons for these variances, the case of Coventry Square v. Westwood Zoning Bd. of Adjustment, 138 N.J. 285 (1994) and not Medici v. BPR Co., 107 N.J. 1 (1987) controls. This is not an application for a traditional use variance because the use here is permitted, albeit subject to the conditional use standards outlined in the outdoor advertising section of the ordinance. As such, the Applicant herein need not show that the site is particularly suited for more intensive development, as the City of Atlantic City has already determined outdoor advertising signs to be particularly suitable for this tract of land by virtue of the zoning and its location in the CBD. Rather, the Applicant need only demonstrate that the site will accommodate the problems associated with its inability to meet the conditional use standards outlined above. See Coventry Square, supra, at 417. This is a much more relaxed standard of proof for the conditional use variances sought as compared to the burden of proof associated with a traditional use variance. The applicant need not satisfy the particular suitability requirement as the use is permitted. Positive Criteria d(3) In regard to the sign sizes, the 60 square foot limitation is a carryover from the 1970s land use ordinance and does not reflect current style and type of development within the CBD of the City. Both the goals of Atlantic City s Master Plan and recently completed CRDA Tourism District Master Plan recognize that the district is moving toward more of a Las Vegas style and more modern improvements. The Columbus Boulevard corridor extends directly from the end of the Atlantic City Expressway into the heart of the City and its Central Business District. This corridor already has two such signs at the base of the expressway, one freestanding LED advertising sign and the second mounted on 12

13 the Wave parking garage. Each of these signs provide advertising of local activities, events, concerts and shopping opportunities, similar to the signage proposed on the Bass Pro Shop site. Twenty-five percent of the sign usage will be for Bass Pro Shops, with the remaining seventy-five percent for other retail opportunities, events and concerts throughout the City. The 12.5 x 36 signs will face the traffic coming into the City along Columbus Boulevard and will meet the height limitation of 30 feet for pole type signs. Two additional LED signs are located at the intersection of Columbus Boulevard and Atlantic Avenue. The Caesars sign, on top of the 40/40 Club and the Trump Plaza sign at the corner of the Trump property. The proposed signs are consistent with commercial nature of the corridor and the size of the existing advertising signage along the roadway. The LED signs will comply with all applicable NJDOT digital sign restrictions regarding brightness, images that move or appear to move, messages will not be illuminated by flashing, intermittent or moving light and the messages will pause a minimum of 8 seconds and any change to the sign or text will occur within one second or less. These are the typical issues associated with the multiple message signs. The signs will not encroach into the right-of-way of Columbus Boulevard and will not block the view of any existing street or directional signage along the roadway. The signs location in front of the much taller and larger mass of the casino/hotels along Atlantic Avenue will enable the signs to blend in with background elevation of the site. They will not be in stark contrast to the existing streetscape of the area and they will not obstruct the view of any natural vistas in the Central Business District. We believe that the location and the size is consistent with the existing LED and advertising signs in the District and therefore will accommodate the problems associated with the increased size over the ordinance limitations. Negative Criteria This variance can be granted without a substantial detriment to the public good in that the signs are consistent with the existing character of the neighborhood and are not inconsistent with future plans of the Central Business District. The Tourism District Master Plan discusses the implementation of more modern sign types including LED and digital signage. Standards for review for Conditionals Uses from Atlantic City Land Use Ordinance 1. Give full consideration to the size, scope, extent and character of the use desired and ensure that such request is consistent with the plan for future land use and with the spirit, purpose and intent of the Zoning Ordinance. 13

14 a. The proposed signage is consistent with the character of the area and the uses both current and future in the district. 2. Consider the suitability of the property for the use desired. a. Given the commercial retail uses in the CBD, the proposed signage is most suitable for this location. 3. Take in to consideration the character and type of development in the area surrounding the location for which the request is made and determine that the proposed use will be appropriate in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood. a. Proposed signage is the commercial character and the scale of not only the structures in the vicinity but the existing signage as well. 4. Determine that the proposed use will promote the harmonious and orderly development of the district in which it is located, and that it will serve the best interests of the City, the convenience of the community (where applicable) and the public health, safety, morals and general welfare. a. The signage as proposed will continue the harmonious development of similar type signage along this corridor and will provide added commercial viability to the retail operations in The Walk. 5. Consider the suitability of the proposed location of a use with respect to traffic and highways in the area. a. The signs will comply with all of the traffic safety standards associated with NJDOT standards and will not be a hazard to local traffic. 6. The Board should ensure that the general purpose and intent of the Master Plan and Zoning Ordinance are complied with and that the use of the property adjacent to the area of the proposed use is adequately safeguarded. a. In general the areas surrounding this site are all commercial in nature. The signs will not be visible from and adjoining residential districts and will not negatively impact the uses of the adjacent sites. By satisfactorily addressing each of the conditional use considerations within the ordinance, we believe the increase in sign size and the location within 500 feet of similar advertising signage will not substantially impair intent and purpose of the zoning ordinance and zone plan in that it will permit a viable use in a zone that permits such use. 14