4.   Planning and Development Committee consent agenda, December 18, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)

(Chairperson Nels Roseland called the meeting to order at 12:03 p.m.   Committee Members Mike Joyce and Julie Robison were in attendance. The meeting adjourned at 12:55 p.m. )

 

a.   Macedonia United Methodist Church – Request Waiver of Thoroughfare Widening (EN04-051)
Committee unanimously recommended waiving the requirements to widen Tryon Road as part of development plan submittal 03-SP-217.

Macedonia United Methodist Church is proposing building and parking expansion at their existing church site in the northwest corner of Tryon Road and Jones Franklin Road .  The construction drawings for this development plan have been submitted to staff for review and approval.

 

Per Town Ordinance, when property is developed, the owner of the property is required to widen the adjacent roadway and dedicate any additional right-of-way along the project frontage to comply with the Town’s Comprehensive Transportation Plan (CTP).  In this case, the Town already has Tryon Road widening plans well underway; anticipated construction start is spring 2004.  Due to the Town’s planned and designed project, the church is requesting a waiver from widening Tryon Road as part of their development plan submittal.  The church has already dedicated the right-of-way necessary for the Town’s widening project.

 

Staff Recommendation: Staff recommends waiving requirements to widen Tryon Road associated with development plan submittal 03-SP-217.

 

ACTION ON CONSENT AGENDA: Mrs. Robinson made a motion to approve all items on the consent agenda. Mr. Roseland provided the second, and council granted unanimous approval.

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b.   Artist benches for Sears Farm Road Park   (PR04-21)

Committee unanimously recommended purchasing one bench and accepting two donated benches designed by artist Russ Rubert to place in the plaza with sculpture at Sears Farm Road Park .

On September 23, 2003 , Council accepted Cary Visual Art’s donation of a sculpture by Springfield , MO artist, Russ Rubert, to be placed at Sears Farm Road Park .  It was planned that three benches would be placed in the surrounding plaza to provide a gathering spot around the sculpture.  The benches under consideration at that time were typical pre-fabricated benches selected from a catalog for $800 each.  

 

Since then, the artist has designed three benches that can be integrated into the area surrounding the sculpture.  The artist feels that these benches are integral to the sculpture and will create a cohesive whole in the sculpture plaza design.  Each bench is $2,500.  Cary Visual Art has agreed to purchase one bench and the artist has agreed to donate one bench.  Staff proposes that the Town purchase the final bench.

 

The purchase and placement of three pre-fabricated benches for this area was part of the construction contract and is approximately the same cost as one of the artist’s benches.  The contractor will give the Town credit for the three pre-fabricated benches.

 

Designed to enhance the area and coordinate with the sculpture, the benches are stainless steel, one of the hardest and most non-corrosive metals, so minimal maintenance is required.  The dimensions of each bench are 60”long x 20” tall x 18” wide.  See photos attached.  The benches for Sears Farm Road Park will not include the circular discs at the bottom of the legs.

 

The Public Art Advisory Board voted unanimously to recommend the Town purchase one bench designed by artist Russ Rubert and accept the donation of one bench from Cary Visual Art and once bench from the artist, Russ Rubert, for placement in Sears Farm Road Park along with the sculpture.

 

Staff Recommendation:  Approval to purchase one bench designed by artist Russ Rubert for $2500 and acceptance of the donation of one bench from Cary Visual Art and once bench from the artist, Russ Rubert, for placement in Sears Farm Road Park along with the sculpture.

 

See official minutes for depiction of art work.

 

ACTION ON CONSENT AGENDA: Mrs. Robinson made a motion to approve all items on the consent agenda. Mr. Roseland provided the second, and council granted unanimous approval.

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c.   Garden Art for Stevens Nature Center/Hemlock Bluffs Nature Preserve (PR04‑22)

Committee unanimously recommended acceptance of a donation of garden art for Stevens Nature Center/Hemlock Bluffs Nature Preserve.

The Friends of Hemlock Bluffs would like to purchase and donate to the Town three different oxidized metal art sculptures by Garner, NC artist Jeffrey Hurr, to be placed in the gardens at Stevens Nature Center/Hemlock Bluffs Nature Preserve.  The Friends of Hemlock Bluffs would like to purchase the sculptures with some of the funds earned from their Annual Recycle Sale in October.  The total cost of the three sculptures is $455.

 

The artwork depicts natural visitors to the nature center’s garden area:  a dragonfly, a butterfly and a daddy long legs.  Each piece is approximately 2’ x 2’, mounted (welded) and would be placed in the garden by nature center staff.  The artist will affix tabs or rebar to make the installation vandal-proof.  No maintenance will be necessary for approximately 10 years.  See photos attached.

 

The Public Art Advisory Board has reviewed the artwork, thinks the rusty color in the gardens will look good there, and unanimously voted to recommend that the Town accept the donation.

 

Staff Recommendation:  Acceptance of donation of three pieces of garden art by Friends of Hemlock Bluffs to be placed in the gardens at Stevens Nature Center/Hemlock Bluffs Nature Preserve.

 See official minutes for depiction of art work.

 

ACTION ON CONSENT AGENDA: Mrs. Robinson made a motion to approve all items on the consent agenda. Mr. Roseland provided the second, and council granted unanimous approval.

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d.   Proposed amendments to the sign chapter of the LDO (PL04-024A)
Committee unanimously recommended setting a public hearing for February 12, 2004 on amended language that would delete the limitation on the number of pieces of information on multi-tenant principal ground signs in the Town Center Are (Option 1).  Staff is further requested to report back to the Planning and Development Committee with information on violation stickers, temporary signs, and a comprehensive look at signage in the Town Center Area after the Town Center Review Commission has reviewed and received public input.

Requests were received from two members of the community for amendments to the sign chapter of the LDO.  At the November 20, 2003 Planning and Development Committee meeting, the committee requested that staff provide more information concerning the request that related to downtown ground signs.

     

The committee was asked to consider amending the sign chapter of the LDO to permit multi-tenant properties in the Town Center area to install tenant listings on the principal ground signs.  The ordinance currently limits principal ground signs to eight “pieces of information” or words and generally precludes “directory-type” signs unless they meet this limit.  The requested amendment would eliminate that limitation.

 

The committee requested that staff prepare an inventory of the Town Center area outlining both properties that currently have a tenant directory listing on the principal ground sign, and those properties that are developed in a way currently that would permit them to install such a sign if the ordinance was amended.  Additionally, staff was asked to prepare possible amended language for the committee to review. 

 

·         There are currently twelve signs in the Town Center area that have a tenant listing on the principal ground sign.  These signs pre-date the existing regulations.  The addresses accompany the first map below.

·         There are currently 72 parcels in the Town Center area that house multi-tenant buildings; they would be eligible for a tenant directory listing on a principal ground sign if the ordinance was amended to provide for such signs.

 

This count does not take into account two factors that may influence the number of signs that contain a tenant directory:

 

·         Parcels that are currently undeveloped, or

·         Parcels that currently house a single-tenant building that may be redesigned as a multi-tenant building with the installation of interior walls.

 

Option 1:  Amended language

 

Based on the direction given staff at the previous meeting, two amendments to the sign chapter of the LDO to permit an unlimited number of words on principal ground signs on the site of multi-tenant buildings in the Town Center Area have been drafted.  Since the LDO provides for signs in the Town Center area in two locations, both locations would require amendment.

 

Amendment 1:  The staff would prepare an amendment to Sec. 9.1.2 ( C ) of the LDO.

 

Notwithstanding the requirements of this chapter, the Town recognizes the importance and desirability of having signage regulations which are somewhat more flexible in special areas of interest and/or higher densities like Town Center , activity centers, or traditional neighborhood developments as described in Section 8.4.  Certain exemptions and modifications to the general signage requirements are provided within Section 9.6 of this chapter for the express purpose of recognizing the need for flexible signage regulations in these special areas.  The limitation on the number of pieces of information on a principal ground sign shall be deleted only for multi-tenant properties in areas governed by the Town Center Area Plan”

 

Amendment 2:  The staff would prepare an amendment to Sec. 9.3(P)(4) of the LDO.

 

“Such signs may display not more than eight pieces of information, plus the address of the property; and if permitted, up to four additional pieces of information relating to property leasing or property sale.  The limitation on the number of pieces of information shall not apply to multi-tenant properties governed by the Town Center Area Plan.  Pieces of information related to property leasing or sale shall not exceed six inches in height, shall not include logos or illustrations of any kind and shall be uniform type style:”

 

Option 2:  Amended language

 

The same two sections of the LDO would be amended, but the amendments would provide for an increase in the permitted number of pieces of information, but would provide some limitation. 

·         The eight (8) pieces of information may be increased in the Town Center area by 50%, to twelve. 

·         An unlimited number of pieces of information would be permitted, as long as no letter or symbol was less than four (4) or six (6) inches in height, so as to ensure the words could be read by motorists.

 

Option 3:  Further study

 

The Heart of Cary Sign Committee has drafted a list of proposed amendments to the sign chapter that have a larger scope than merely principal ground signs.  An option would be to study all of the proposals as a group, to determine the cumulative effect of all of the changes, rather than make changes to one area at this time and then consider further changes later.  Staff feels this option would provide for the most comprehensive review of the Town Center sign regulations.  This option would provide Council the opportunity to look at the Town Center regulations as a whole, rather than in a piecemeal fashion.


 

This map indicates the 12 properties that currently have tenant directory-type ground signs.

 

§         100 Parkthrough Street

§         145 West Chatham

§         319 South Academy

§         301 South Academy

§         111 East Chatham

§         219 East Chatham

§         513 East Chatham

§         526 East Chatham

§         527 East Chatham

§         556 East Chatham

§         303 East Durham

§         Johnson Street , just north of Chapel Hill Road

 

 

This map indicates the 72 properties that are developed with multi-tenant buildings and would have the potential for tenant directory-type signs.

 

This map is a compilation of the two previous maps and shows sites that currently do have tenant directory-type signs AND sites that house multi-tenant buildings that could potentially have such signs.


Comparison of sign regulations in the Town Center Area versus the remainder of Cary (prepared 12/2/03 )

 

In Town Center

Elsewhere in Cary

Area calculations

A total aggregate of one square foot of sign area per linear foot of building frontage (this regulation is cumulative and applies to all signs on the parcel).  Buildings on a corner lot and multi-story buildings with upper floor nonresidential tenants may have a total aggregate of 1.5 square feet of sign area per linear foot of building frontage.

A principal ground sign of no more than 32 square feet in area.  In addition, wall signs of up to one square foot of sign per linear foot of building frontage may be installed.

Number of signs permitted

No limit

 

A single tenant building or a building in which multiple tenants share common entrances are limited to 2 wall signs.  Multi-tenant buildings that house tenants with separate public entrances may have one wall sign per tenant.

Compatibility

In Town Center , the signs need only be compatible with each other (similar or complimentary architecture, materials, colors).

Elsewhere in Cary , the signs have to be consistent with each other (matching architecture, materials, colors).

Type of sign

Awning sign

10% of awning face or side

Same as Town Center

Building marker

3 square feet in area, not counted toward aggregate permitted per site

3 square feet in area

Ground directory

8 square feet in area, for multi-tenant buildings only.  

Same as Town Center

Wall directory

8 square feet in area, for multi-tenant buildings only.  If the sign is no more than 3 square feet, it is not counted toward aggregate permitted per site.

8 square feet in area, for multi-tenant buildings only 

Home occupation

One sign, 2 square feet in area, not illuminated, attached to exterior of building or fence

Not Allowed

Identification

1 per principal entrance, 3 square feet in area.  Not counted toward aggregate permitted per site

1 per principal entrance, 3 square feet in area.

Marquee

Part of wall sign allowance, theaters only

Same as Town Center

Menu board

2 square feet in area, on building, not counted toward aggregate permitted at site, or 5 square feet for drive-through

Not Allowed, except for drive-through

Principal ground

1 per property, 32 square feet in area, 42 inches in height.  However, signs under 16 square feet in area per side are not calculated as part of the total signage allowed on a property.  Of 32 square foot sign, only 16 square feet is counted toward aggregate permitted at site.

 

32 square feet in area, 42 inches in height.

Projecting

1 per entrance.  6 square feet in area per side

Only allowed under pedestrian arcades, limited to 2 square feet in size

Suspended

1 per tenant. No limit on size. If less than 2 square feet in area are not counted toward aggregate permitted at site.

1 per tenant, 2 square feet in area.

Wall

1 square foot of sign per linear foot of building frontage along main customer entrance.  May be on any part of building except roof. No limit as to number. 1.5 square feet of sign per linear foot of building front for multi-story buildings.

1 square foot of sign per linear foot of building frontage along main customer entrance.  Must be on wall with window or door.  A single tenant building or a building in which multiple tenants share common entrances are limited to 2 wall signs.  Multi-tenant buildings that house tenants with separate public entrances may have one wall sign per tenant.

Window

25% of window area

Same as Town Center

Sandwich board

10 square feet in area.  Not counted toward aggregate permitted at site.

Not Allowed

Sidewalk cafe furniture

Letters no more than 6” in height.

Not Allowed

Barber poles

Yes

Not Allowed

Umbrellas (as portable signs)

Allowed on umbrellas provided letters do not exceed 6 inches in height, and allowable at restaurants and cafes with outdoor seating only

Not Allowed

ACTION ON CONSENT AGENDA: Mrs. Robinson made a motion to approve all items on the consent agenda. Mr. Roseland provided the second, and council granted unanimous approval.

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