Legislation Details

File #: 26-0040    Version: 1 Name: A25-48
Type: Consent Status: Agenda Ready
File created: 1/6/2026 In control: Zoning Commission
On agenda: 1/13/2026 Final action: 9/9/2026
Title: A25-48. Order of Approval - Findings of Fact: A variance request to allow additional wall-mounted signage beyond the one-sign-per-tenant standard in the Community Commercial - Conditional Zoning (CC/CZ) district, located at 2804 Freedom Parkway Dr. (REID 0407953828000), owned by SEROTA ISLIP NC LLC, represented by Lyndon Saylor of Parish Sign & Service, Inc., on behalf of Bath & Body Works.
Attachments: 1. A25-48 Findings of Fact _Legal Review (Clean)

TO:                                            Zoning Commission

THRU:                      Craig Harmon - Senior Planner

 

FROM:                     Demetrios Moutos - Planner II

 

DATE:                      January 13, 2026

 

RE:Title

A25-48. Order of Approval - Findings of Fact: A variance request to allow additional wall-mounted signage beyond the one-sign-per-tenant standard in the Community Commercial - Conditional Zoning (CC/CZ) district, located at 2804 Freedom Parkway Dr. (REID 0407953828000), owned by SEROTA ISLIP NC LLC, represented by Lyndon Saylor of Parish Sign & Service, Inc., on behalf of Bath & Body Works.

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COUNCIL DISTRICT(S):                      

Council District(s)

 District 9 - Council Member Deno Hondros                         

 

 

b

Relationship To Strategic Plan:

Strategic Operating Plan FY 2025

•                     Goal II - Diverse & Viable Economy

o                     Objective 2.4 (business growth) and Objective 2.1 (diversify the tax base). Tenant identification and customer wayfinding are part of a favorable development climate for regional retail corridors.

•                     Goal I - Safety & Security

o                     Objective 1.2 (traffic safety). Wayfinding and sign distribution can affect driver decision-making within a large shopping center; conditions, if any, should be checked against safety and sightline considerations.

•                     Goal IV - Live, Work, & Recreate

o                     Objective 4.4 (clean and beautiful community). Sign quantity and design coordination relate to corridor appearance and visual order in multi-tenant centers.

 

Executive Summary:

Parish Sign & Service, Inc., on behalf of Bath & Body Works #5012, requested a variance from UDO Section 30-5.L to allow additional wall-mounted tenant signage beyond the one-sign-per-tenant standard at 2804 Freedom Parkway Dr. (Freedom Town Center). The request sought approval for four (4) exterior wall signs for the tenant space, where the base code allows one (1) building-mounted sign per tenant space.

The Zoning Commission conducted an evidentiary hearing on December 9, 2025, and approved the variance by a 4-1 vote. The attached Order to Approve A25-48 (dated January 13, 2026) memorializes the Commission’s findings of fact and conclusions of law based on the hearing record.

 

Background: 

•                     Property Owner: SEROTA ISLIP NC LLC

•                     Applicant: Lyndon Saylor, Parish Sign & Service, Inc. (on behalf of Bath & Body Works #5012)

•                     Requested Action: Variance from UDO 30-5.L to allow additional tenant wall signs (four wall signs total)

•                     Zoning District: CC/CZ - Community Commercial (Conditional Zoning)

•                     Address / REID: 2804 Freedom Parkway Dr. / 0407953828000

•                     Site Context: Freedom Town Center (multi-tenant commercial center)

•                     Noticing: Mailed notice to owners within 300 feet (Sept. 30, 2025); posted on-site (Oct. 2, 2025); newspaper publication scheduled for Nov. 28, 2025 and Dec. 5, 2025.

 

Issues/Analysis: 

UDO 30-5.L establishes standards for signage, including building-mounted signage in general nonresidential zoning districts. For multiple-occupancy buildings, the permitted number of buildingmounted signs is limited to no more than one (1) building-mounted sign per tenant space (excluding window signs), with limited exceptions that do not apply to this request.

The applicant requested approval of four (4) exterior wall signs (front, side, and two rear elevations) for the Bath & Body Works tenant bay. The request pertains solely to tenant wall-sign quantity and does not seek to modify the shopping center’s freestanding signage. A prior alternative sign approval for Freedom Town Center (2016) addressed freestanding signs and did not authorize additional tenant wall signage.

Because this case is quasi-judicial, the findings of fact must be supported by competent, material, and substantial evidence in the record. The attached Order reflects the Zoning Commission’s adopted f indings and conclusions following the December 9, 2025 evidentiary hearing.

Insufficient Justification for a Variance:

The following do not constitute valid grounds for granting a variance (UDO 30-2.C.14.g):

•                     The existence of conforming or nonconforming uses or structures elsewhere in the same or other zoning districts

•                     A request to establish a use that is expressly or implicitly prohibited within the zoning district.

•                     Claims of economic hardship or increased profitability that would result from approval.

Findings:

The statements below reflect the findings adopted by the Zoning Commission in its Order to Approve A25-48. These findings were made after consideration of sworn testimony, admitted evidence, and arguments presented at the December 9, 2025 evidentiary hearing.

1. Practical difficulties and unnecessary hardships

 Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships because limiting the tenant space to one wall sign on the primary frontage reduces visibility from the site’s main internal approach routes and adjoining streets, which impairs customer wayfinding and the ability of patrons to readily locate the business.

 2. Unique circumstances; not self-created

The practical difficulties and unnecessary hardships are not the result of the landowner’s actions because the tenant’s lease was assigned four (4) days before the updated UDO sign provisions took effect in June 2025, and the tenant’s sign planning and branding expectations were formed in reliance on the prior regulatory framework.

3. Minimum action necessary

The variance is the minimum action necessary to make reasonable use of the tenant space because it is limited to allowing the additional wall signs shown on the submitted elevations and does not involve any increase in freestanding signage, sign height, or other sign types. The request is narrowly tailored to restore tenant identification on multiple elevations similar to what was permitted under the prior standards.

4. Harmony with the Ordinance; spirit preserved

The variance advances the general purpose and intent of the Ordinance. It preserves its spirit because it restores a tenant wall-sign arrangement consistent with the prior sign standards and maintains visual harmony within the Freedom Town Center development, where similarly situated tenant spaces have wall signage on multiple elevations (front, rear, and side facades).

5. Public safety and welfare; substantial justice

Approval of the variance ensures public safety and welfare and upholds substantial justice because improved tenant identification on multiple elevations enhances wayfinding within the shopping center and reduces last-minute turning and circulation issues. Additionally, the tenant committed to the site prior to the effective date of the updated standards and would not have proceeded if the proposed sign configuration had been known to be prohibited.

 

Budget Impact: 

There is no immediate budgetary impact beyond routine staff time for processing, noticing, and supporting the evidentiary hearing and decision documentation.

    

Options: 

1.                      Approve Findings of Fact as drafted (consistent with the adopted Order to Approve A25-48).

2.                     Approve Findings of Fact with specific changes, as directed by the Zoning Commission and consistent with the hearing record. 

     

Recommended Action::Recommended Action

No staff recommendation is provided. Any action should be grounded in the evidentiary record and the Zoning Commission’s decision in Case A25-48.

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Attachments:

•                     Order to Approve A25-48 - Findings of Fact and Conclusions of Law (clean copy)