garner town council agenda 10-26-10

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Town of Garner

Town Council

Work Session Agenda

October 26, 2010 - 6:00 P.M.

The Garner Town Council will meet in a Work Session at 6:00 p.m. on

Tuesday, October 26, 2010 in the Town Hall Council Meeting Room to

discuss the following:

Dinner will be provided at 5:15 p.m. for Council Members and Staff inthe adjacent conference room.

A CALL MEETING TO ORDER

B DISCUSSION

1.Stormwater Retrofit LocationsPresenter: Tony Chalk, Assistant Town Engineer

2.Review of the 2009 Permit Extension Act AmendmentPresenter: Brad Bass, Planning Director

3.Citizen Concerns Regarding SignsPresenter: Brad Bass, Planning Director

C REPORTS

1. ConAgra Re-Development Initiative Update

Presenter: Tony Beasley, Economic Development Director

2.Garner Revitalization Association Bi-Monthly UpdatePresenter: John Hodges, Executive Director

3.Economic Downturn UpdatePresenter: Lin Jones, Finance Director

D Closed Session pursuant to N.C.G.S. 143-318.11 (a) (3) to consult

with Council regarding Edge of Auburn et al v. Town of Garner et

al, Wake County Superior Court, case #07-CVS- 020636.

E ADJOURNMENT

Note: The Work Session does not include any Public Hearings or Public Comments during

said meeting. Usually no actions are taken; this is only a discussion session.

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MEMORANDUM

TO: Hardin WatkinsTown Manager

FROM: Brad Bass, AICPDirector of Planning

DATE: October 20, 2010

SUBJECT: Discussion of Signs

Background

The Planning Department received a complaint from a citizen regarding fifteen (15) signslocated throughout the community in the April 2010 (see Attachment 1). Staff immediately

began its investigation of the signs. This in turn led to a series communications betweenthe Towns Enforcement Planner and the complainant which led to more complaints aboutsigns being filed by this individual. Attachment Two represents the complete list of signcomplaints registered by the Planning Department. The signs in red are ones still open andwill be the focus of our discussion with Council. They relate to signs advising residentialsubdivisions and advertising large construction projects. The signs listed in black onAttachment 1 have been brought into compliance. A meeting with Town Management,the Planning Department and the individual who filed the complaint was held recently todiscuss these issues.

Findings

There are several different types of signs that are permitted regarding the advertisement of realestate and for the advertisement of large construction projects.

- Directional Real Estate Signs (small) on the weekends without a permit.

- Residential and Commercial Properties for Sale or Lease Signon the premise without a permit (4 s.f. for residential & 3 2 s.f. forcommercial).

- Construction Identification Sign that names the project, developers,contractors, and others associated with the construction, sale, or lease of theproperty is allowed (temporary sign permit, limited to one-year, with a

renewable option). Signs must be removed within ten days after the finalcertificate of occupancy has been issued. They are required to be on-premiseswith no more than one such sign per site, and it may not exceed 32 square feetin area or six feet in height. Such signs cannot be erected prior to Town plan

approval of the project identified.

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- Off-Site Subdivision Signs allowed on private property directing the publicto a subdivision or multifamily development with the property ownerspermission. These signs are limited to one year through the issuance of atemporary sign permit. They cannot exceed 32 square feet in surface area, andcan only display the name of and direction to the development.

Examples

Directional real estate signs

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Temporary signs which advertise the sale, rental or lease of the premisesuponwhich the sign is located

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Construction Site Identification Signs naming the project, developer, contractorsand others connected with the construction, sale, or lease of structures, and relatedinformation.

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Off-Premise Signs on private property directing the public to a subdivision ormultifamily development.

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Staff contacted several jurisdictions in Wake County to review how they regulatedConstruction Site Identification Signs and Off-Premise Directional Signs. The table belowsummarizes what we found.

Construction Site Identification Signs

Municipality Size PermitRequired

Duration Removal

Holly Springs 6 sq ft Yes Construction 15 days end ofconstruction ordevelopment.

Fuquay-Varina

64 (all signs)32 (one sign)

Yes Based upon number oflots18 months first 506 months/addl. 50

Expiration of Permit

Morrisville 32 (residential)64 (all others)

Yes Construction Permit to Occupy

Apex 64 sq ft (non-residential)

32 square feet(residential)

Yes 6 months may berenewed additional 6

months

Issuance of C.O.(Commercial)

100% Sold to builders orprivate owner (residential)

Raleigh 32 (non-residential)15 (residential)

Yes Construction 15 days after a certificateof compliance is issued.

Cary Same as groundsign

Yes Construction C.O. Issue Date or FirstC.O. for Subdivisions

Wake Forest 32 square feet Yes Undefined Undefined

Knightdale 4 (Residential)32 (Others)

No Construction 30 days after a C.O.

Garner 32 sq ft Yes 1 year with a renewableoption

10 days after the issuanceof final occupancy permit

Off-Premise Directional Subdivision Signs

Municipality Number Size Duration Notes

Holly Springs n/a n/a n/a Not Permitted

Fuquay Varina 5 6 square feet Weekends Only

Morrisville Based on Lots 6 square feet Weekends Only Permits Required

Apex 1 4 square feet Until Lots Sold

Raleigh n/a n/a n/a Not Permitted

Cary undefined undefined Weekends Only Open House Signs

Wake Forest undefined 2 square feet Allowed Property Owner'sPermission req'd

Knightdale 3 4 square feet Removed 7 daysafter Sale, Lease,or Rental

Garner 1 32 square feet One Year *

* Garner also allows small directional real estate signs on the weekend, but is the only municipalitysurveyed that allows for larger off-premise signs. The only thing permitted on the sign is the nameand direction of the development.

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Issues

During the review of the sign complaints previously discussed staff identified several issueswe felt needed to be brought to the Councils attention for review and direction.

1. It appears that several off-premise subdivision signs were installed without sign

permits or their one year time period has expired. Due to the depressed housingmarket, the development community appears to be reluctant to take down signs thatare in violation. There are several options that can be considered to address thissituation.

- Council can direct staff to suspend enforcement action on these types of signsgiven the general condition of the current housing market and address thismatter again at a later date.

- Another option for Council to consider is amending the UDO to allow Off-Premise Subdivision Signs to be renewed beyond the current one year timeperiod. Staff would suggest guidelines be considered should we move forward

with a text amendment to allow this. As a starting point, these types of signscould be renewed annually for a certain period of time or until a certainpercentage of lots have been developed (built upon) whichever occurs first.

Recall that Garner is the only jurisdiction in Wake County that allows this typeof sign. Most all other communities, along with Garner as well, allow thesmall off-premise real estate directional signs during the weekend.

2. A second issue that may need Council review concerns clarifying the renewal ofon-site Construction Identification Signs. Currently these signs are allowed for oneyear with a renewal option but without any further guidance in the UDO. Staff hasheard comments from a few people about the length of time some of these types

of signs are allowed to remain. Historically, as long the project was underconstruction or had remaining residential lots available, in the case of a subdivision,staff has been accommodating in our enforcement. There may be a need to considersome clarification regarding the length of time such sign can remain on a site.

If the Town Council believes further review of these matters along the lines discussed aboveis warranted, then staff needs consensus from Council to draft possible changes to the signordinance for review at a future work session.

Please advise if you have questions.

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garner town council agenda 10-26-10

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