AGENDA #3
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Development Ordinance Text Amendment – Signage in Mixed Use Zoning Districts
DATE: February 19, 2001
This Public Hearing has been scheduled for the Town Council to consider a Development Ordinance text amendment. The proposal would allow additional signage in Mixed Use zoning districts.
On October 23, 2000, Mr. Craig Davis brought a petition to the Town Council (petition attached). Mr. Davis requests that the Town Council consider amending sign regulations in a manner that would permit signs to be placed in the Meadowmont Village Center as proposed by Mr. Davis. The specific request is to allow the following additional types of signage in the Town’s Mixed Use-Residential-1 (MU-R-1) zoning district:
· Permit development identification signs with two messages on each sign – the name of the project and the name of the anchor tenant.
· Permit a development identification sign at a location other than a principal point of access to development.
· Permit project street banners to be attached to private light poles.
The Meadowmont Village Center development was approved by the Town Council as a mixed use development in the Mixed Use–Residential-1 (MU-R-1) zoning district. Section 14.13.12 of the Town’s Development Ordinance regulates the specific type and appearance of signage in the Town’s Mixed Use–Residential-1 (MU-R-1) and Mixed Use-Office/Institutional-1 (MU-OI-1) zoning districts, for such approved developments complying with the mixed use thresholds regulated by Article 4 (Mixed Use Zoning Districts) of the Development Ordinance.
We believe that Mr. Davis’ request should be categorized and addressed as four (4) separate issues:
We address each of the four (4) separate issues raised in Mr. Davis’ petition.
Section 14.13.12(a) of the Town’s Development Ordinance allows development identification ground signs for approved mixed use developments as follows:
“Development identification signs containing the name and trademark of the Mixed Use Zoning District development, provided such signs are limited to one (1) ground sign (with no more than two (2) display areas) at each principal point of access to the development, forty (40) square feet in display area and a maximum height of eight (8) feet;”
“A single development identification sign at one principal point of vehicular access per perimeter roadway frontage of a development may be increased in size to 80 square feet with a maximum height of eight (8) feet if the development contains a cinema. This development identification sign may include the name and trademark of the cinema and may include a changeable listing of movie titles in addition to the name and trademark of the Mixed Use Zoning District development. If internally illuminated the sign shall have light letters on a dark background. The maximum size for such an internally illuminated sign shall be one-half (1/2) of 80 square feet.”
We note that the Ordinance allows the name and trademark of the development to be displayed on a development identification ground sign (and allows movie titles to be displayed if a cinema exists); however, the Ordinance does not allow the names of tenants on the development identification ground sign for approved mixed use developments.
Mr. Davis has requested that both the name and trademark of the Mixed Use Zoning District development (“Meadowmont Village Center” and Butterfly Logo), as well as the name of the anchor tenant (Harris Teeter) be allowed to be displayed on the development identification ground signs for his mixed use development.
We note that Mr. Davis is not proposing to increase the permitted size of the sign, only the information allowed on the sign.
We have identified the following advantages and disadvantages to the proposed change:
Advantages:
· This change would provide clear identification of the anchor tenant (Harris Teeter) from Meadowmont Lane and NC Highway 54.
· This change would permit additional anchor tenant information to be included on the development identification signs at other approved mixed use developments (Chapel Hill North, Meadowmont Office Park).
Disadvantages:
· One of the distinctive features of signage in Chapel Hill is that signs are simple and uncluttered. This change would be a departure from the general approach to signs.
· This change would permit additional anchor tenant information to be included on the development identification signs at other approved mixed use developments (Chapel Hill North, Meadowmont Office Park).
Staff Comment: We note that this development is only the third project to be constructed in a Mixed Use zoning district, since the creation of this zoning district (Chapel Hill North and the Meadowmont Office Park are the other two development to be constructed in a mixed use zoning district). Because of the size, scale and design of such mixed use projects in a MU-R-1 or MU-OI-1 zoning district, it can be reasonably argued that the Town’s existing signage regulations are too restrictive for such developments.
We believe that it would be appropriate to revise the ordinance to allow an anchor tenant’s name to be placed on a development identification ground sign, in conjunction with the name of the development, for an approved mixed use development. This change would not affect development identification signs located in other Town zoning districts. We would expect that if such a change is approved, that the other mixed use developments would request similar modifications to their signs.
We believe that the primary purpose of the development identification ground sign should be to identify the name of the development (“Meadowmont Village Center” in this case). Accordingly, if the Council considers enacting the requested amendment, we recommend that the revised regulations include a performance standard that would limit the letter size of the anchor tenant to a letter and/or logo size that shall not exceed 50% of the letter/logo size being used to display the name of the approved mixed use development. This performance standard would permit the identification desired by the petitioner, while also keeping the primary emphasis of the sign on the name of the overall mixed use development.
The attached Ordinances A and B include this change. Ordinance C does not include this change.
Section 14.13.8.1 of the Town’s Development Ordinance defines ground signs as:
“A free-standing sign attached to a contiguous structural base or planter box, which base or box shall be of the same width as or greater width than the message portion of the sign, and is permanently affixed to the ground. Ground signs do not include free-standing signs supported by poles.”
One of the applicant’s proposed development identification ground signs is identified as a sign that is supported by two poles on a stone wall.
We have identified the following advantages and disadvantages to the proposed change:
Advantage:
· Provides a unique look for development identification signs in a mixed use zoning district.
Disadvantages:
· Would allow pole signs in all mixed use developments.
· Would reverse the Town Council’s decision in the mid-1980s to eliminate pole signs from being utilized in Chapel Hill.
· Would encourage other businesses to seek approval of pole signs in other Town zoning districts.
Staff Comment: We do not believe that this proposed sign meets the present definition of a ground sign. We do not recommend that the Council revise the Ordinance to address this situation. We believe that Mr. Davis can revise the design of the sign to meet the definition stated in the Ordinance.
Our recommended Ordinance, Ordinance A, does not include this change. The attached Ordinance B would provide this change. Ordinance C does not include this change.
Section 14.13.12(a) of the Town’s Development Ordinance allows development identification ground signs for approved mixed use developments “at each principal point of access to the development.”
Mr. Davis has requested permission to place a development identification ground sign at the southeast corner of the Village Center development, at the point on his site closest to the intersection of Meadowmont Lane and NC Highway 54.
We note that this development has three points of access off of Meadowmont Lane, and thus would be able to install three separate development identification ground signs in accordance with existing Town regulations. The applicant is seeking to gain visibility from NC Highway 54 by adding an additional ground sign at the corner of this site that is closest to the intersection of NC Highway 54 and Meadowmont Lane.
We have identified the following advantages and disadvantages to the proposed change:
Advantages:
· Would provide clear visibility of the mixed use development identification sign (and possibly anchor tenant) from both Meadowmont Lane and NC Highway 54.
· Would provide greater awareness of mixed use developments from the visibility of Town entranceways.
Disadvantages:
· Would provide clear visibility of this particular mixed use development identification sign from a major Town entranceway (NC Highway 54).
· Would increase the probability that development identification signs will be placed in landscape bufferyards and/or along designated Town entranceways.
· This change would allow development identification signs in mixed use developments to be located in places that are not at a principal point of access to the development, which could have unintended and undesirable consequences at other locations (for example, Chapel Hill North could thus request another development identification sign on Airport Road, at the edge of the property next to the Airport Road/Interstate 40 intersection, immediately behind the Town’s entranceway marker).
Staff Comment: While we understand the applicant’s desire to identify the Meadowmont Village Center and the anchor tenant (Harris Teeter) to pedestrians and vehicles in the NC Highway 54 entranceway corridor, we have concerns regarding this proposed change. In particular, we are concerned that significant unintended and undesirable outcomes could occur at this and other approved mixed use developments. We believe that it is reasonable and appropriate to allow ground signs only at principal points of access to mixed use developments.
We believe that a primary reason for regulating signs is to avoid visual clutter, thus serving both aesthetic and roadway safety purposes. Such an objective requires balancing the needs of a business to advertise its location with the needs of the public to have streetscapes without undue distractions. We believe that the existing ordinance balances these needs in mixed use zoning districts.
Our recommended Ordinance, Ordinance A, does not include this change. The attached Ordinance B would provide this change. Ordinance C does not include this change.
Mr. Davis has requested permission to attach year-round project identification banners to light poles throughout the Meadowmont Village Center (see attached “Light Pole with Banner” drawing in petition).
We note that the Sign Ordinance does not presently allow such project identification parking lot banners in mixed use zoning districts, or in any other zoning district. We believe that additional language could be added to the Development Ordinance to allow such year-round project identification parking lot banners, with appropriate dimensional standards, in mixed use zoning districts. In particular, language could be added to the Development Ordinance that would require such year-round parking lot banners to be approved by the Town Manager and by the Community Design Commission as part of Building Elevations and Site Lighting review.
We have identified the following advantages and disadvantages of allowing year-round parking lot banners:
Advantages:
· May add color and warmth to a development, at a pedestrian scale.
· Would provide additional identification for approved mixed use developments.
· May improve the overall appearance of a mixed use development.
Disadvantages:
· Represents a fundamental change to the Town’s sign regulations, permitting additional project identification throughout all pedestrian and parking areas in an approved mixed use development. Specifically, the Town’s sign regulations have been designed to minimize visual clutter by limiting the content, size and general appearance of signage.
· While the sign regulations seek to require signage that is simple and informative, parking lot banners are designed to attract attention, and may be designed to provide additional advertising for a development.
· Banners may not be attractive, and thus may impair the overall appearance of a mixed use development.
· Would encourage other shopping centers in Town that are not located in Mixed Use zoning districts to request modifications to allow parking lot banners in other zoning districts.
· Parking lot banners will deteriorate over time due to sunlight and extreme weather, and may not be maintained on a consistent basis.
Staff Comment: We believe that the additional identification offered by year-round parking lot banners represents a fundamental change in the Town’s sign regulations. Although mechanisms could be created to require review and approval of such parking lot banners by both Town staff and the Community Design Commission, we believe that such a year-round change would have significant unintended and unattractive consequences in terms of site appearance. We also believe that the approval of regulations to permit project identification parking lot banners in approved mixed use developments, will lead to other retail and commercial developments in other zoning districts requesting permission to display such banners in their parking lots elsewhere in Town. Consequently, on balance, we believe that it is not desirable to begin permitting such year-round parking lot banners.
On a separate note however, we do believe that seasonal banners, which would not be displayed on a continuous basis (e.g. during the holiday season), would be appropriate in mixed use developments if the appropriate mechanisms and performance standards were created to regulate their display. In particular, if the type, size and duration of display for such seasonal banners were subject to approval by the Town Manager and the Community Design Commission, we believe that seasonal parking lot banners could potentially be regulated in such a manner as to enhance the appearance of the applicable mixed use development.
Our recommended Ordinance, Ordinance A, does not include language approving year-round parking lot banners, but does include language permitting seasonal parking lot banners subject to the approval of the Town Manager and the Community Design Commission. Ordinance C also includes this language.
The attached Ordinance B includes language that would permit year-round parking lot banners, as proposed by the petitioner.
RECOMMENDATIONS
Planning Board Recommendation: The Planning Board voted 6-2 to recommend that the Council adopt Ordinance A. Please refer to the attached Summary of Planning Board Action.
Community Design Commission Recommendation: The Design Commission voted 7-1 to recommend that the Council adopt Ordinance C, making no changes to the development identification signs permitted in Mixed Use zoning districts, but allowing seasonal banners in parking lots in Mixed Use zoning districts. Please refer to the attached Summary of Community Design Commission Action.
Manager’s Preliminary Recommendation: We recommend the adoption of Ordinance A, which would (1) permit the placement of an anchor tenant’s name on development identification signs in Mixed Use zoning districts, subject to certain performance standards, and (2) permit seasonal parking lot banners in Mixed Use zoning districts, subject to the approval of the Town Manager and the Community Design Commission.
Ordinance B would approve changes to the Town’s sign regulations for Mixed Use zoning districts as requested by the petitioner.
Ordinance C would approve changes to the Town’s sign regulations for Mixed Use zoning districts as recommended by the Community Design Commission.
Resolution A would recommend that the Council endorse the existing sign regulations and not make any of the proposed changes to the Town’s sign regulations.
ATTACHMENTS
1. Ordinance A (p. 9).
2. Ordinance B (p. 12).
3. Ordinance C (p. 15).
4. Resolution A (p. 17).
5. Summary of Planning Board Action (p. 18).
6. Summary of Community Design Commission Action (p. 19).
7. Petition from Mr. Craig Davis, with attachments (begin new page 1).
ATTACHMENT 1
ORDINANCE A
(Manager’s Preliminary Recommendation
and Planning Board Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING SIGNAGE IN THE MIXED USE ZONING DISTRICTS
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to adjust signage regulations in the Mixed Use Zoning Districts, and finds that the amendment is appropriate due to changed or changing conditions in a particular area and achieves the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Article 14, Section 14.13.12 of the Development Ordinance for the Town of Chapel Hill is hereby amended to read as follows:
“14.13.12 Signs in the Mixed Use OI-1 or Mixed Use R-1 Zoning Districts for approved developments complying with the mixed use thresholds
The owner(s) of the mixed use development shall establish a unified sign plan.
No sign that can be read from outside a Mixed Use Zoning District development or from public streets within the development shall be permitted within such development except as allowed under Subsection 14.13.4 or as provided below:
a) Development
identification signs shall be containing the name and trademark of
the Mixed Use Zoning District development, provided such signs are limited
to one (1) ground sign (with no more than two (2) display areas) at each principal
point of access to the development, forty (40) square feet in display area and
a maximum height of eight (8) feet. In addition, the ground signs shall
comply with the following requirements:
· The development identification signs shall contain the name and trademark of the Mixed Use Zoning District development, and may also include the name and trademark for one (1) anchor tenant.
· The letters and/or registered logo for the anchor tenant shall not exceed 50% of the size of the letters or logo for the name of the Mixed Use Zoning District development.
A single development identification sign at one principal point of vehicular access per perimeter roadway frontage of a development may be increased in size to 80 square feet with a maximum height of eight (8) feet if the development contains a cinema. This development identification sign may include the name and trademark of the cinema and may include a changeable listing of movie titles in addition to the name and trademark of the Mixed Use Zoning District development. If internally illuminated the sign shall have light letters on a dark background. The maximum size for such an internally illuminated sign shall be one-half (1/2) of 80 square feet.
b) Building identification signs containing only the name of a building or building complex and the nature of the establishments therein, provided such signs are limited to one wall sign per building with a display area not exceeding five percent (5%) of the area of the building facade to which it is attached.
c) Identification signs for individual establishments containing the name(s) and trademark(s) of the establishments, provided such signs are limited to wall signs with a maximum display area limitation of five percent (5%) of facade coverage. Wall signs overall (combination of building identification and individual establishment identification) are limited to a maximum display area not to exceed five percent (5%) of the area of the building facade.
For a cinema, a marquee, as a permanent canopy projecting over an entrance to a building, may be erected and displayed with the following limitations:
1) A marquee may identify the name and trademark of the cinema and may include a changeable listing of movie titles;
2) A marquee shall not extend more than ten (10) feet from the building nor be less than nine (9) feet above the ground or sidewalk at the lowest point;
3) The maximum display surface for the marquee shall be 100 square feet; and
4) The marquee shall front on interior drives and streets, not on streets external to the development.
d) Seasonal non-illuminated parking lot identification banners that will be hung from private street lights, and will not be displayed for more than 90 days, are permitted with the approval of the Town Manager and the Community Design Commission. Each parking lot identification banner shall not exceed four (4) square feet in display area, and shall be limited to the name and/or trademark of the Mixed Use Zoning District development. One (1) or two (2) banners may be approved for display from each street light. The color(s), shape, materials, appearance and duration of display for such banners shall be approved by the Town Manager and the Community Design Commission prior to display.
If internally illuminated, these signs shall have light letters on a dark background. The maximum size for such an internally illuminated sign shall be one-half (1/2) the maximum area per display surface listed above.”
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This is the ___ day of _____________, 2001.
ATTACHMENT 2
ORDINANCE B
(Changes Requested by Petitioner)
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING SIGNAGE IN THE MIXED USE ZONING DISTRICTS
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to adjust signage regulations in the Mixed Use Zoning Districts, and finds that the amendment is appropriate due to changed or changing conditions in a particular area and achieves the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Article 14, Section 14.13.12 of the Development Ordinance for the Town of Chapel Hill is hereby revised to read as follows:
“14.13.12 Signs in the Mixed Use OI-1 or Mixed Use R-1 Zoning Districts for approved developments complying with the mixed use thresholds
The owner(s) of the mixed use development shall establish a unified sign plan.
No sign that can be read from outside a Mixed Use Zoning District development or from public streets within the development shall be permitted within such development except as allowed under Subsection 14.13.4 or as provided below:
a) Development
identification signs shall be containing the name and trademark of
the Mixed Use Zoning District development, provided such signs are limited
to one (1) ground sign (with no more than two (2) display areas) at each principal
point of access to the development and a maximum of one (1) additional location
in the development, with a maximum of forty (40) square feet in display
area and a maximum height of eight (8) feet. In addition, the ground signs
shall comply with the following requirements:
· The development identification signs shall contain the name and trademark of the Mixed Use Zoning District development, and may also include the name and trademark for one (1) anchor tenant.
· The letters and/or registered logo for the anchor tenant shall not exceed 50% of the size of the letters or logo for the name of the Mixed Use Zoning District development.
· That the display area portion of each sign may hang between two (2) poles, as long as no portion of the sign exceeds the maximum height of eight (8) feet.
A single development identification sign at one principal point of vehicular access per perimeter roadway frontage of a development may be increased in size to 80 square feet with a maximum height of eight (8) feet if the development contains a cinema. This development identification sign may include the name and trademark of the cinema and may include a changeable listing of movie titles in addition to the name and trademark of the Mixed Use Zoning District development. If internally illuminated the sign shall have light letters on a dark background. The maximum size for such an internally illuminated sign shall be one-half (1/2) of 80 square feet.
b) Building identification signs containing only the name of a building or building complex and the nature of the establishments therein, provided such signs are limited to one wall sign per building with a display area not exceeding five percent (5%) of the area of the building facade to which it is attached.
c) Identification signs for individual establishments containing the name(s) and trademark(s) of the establishments, provided such signs are limited to wall signs with a maximum display area limitation of five percent (5%) of facade coverage. Wall signs overall (combination of building identification and individual establishment identification) are limited to a maximum display area not to exceed five percent (5%) of the area of the building facade.
For a cinema, a marquee, as a permanent canopy projecting over an entrance to a building, may be erected and displayed with the following limitations:
1) A marquee may identify the name and trademark of the cinema and may include a changeable listing of movie titles;
2) A marquee shall not extend more than ten (10) feet from the building nor be less than nine (9) feet above the ground or sidewalk at the lowest point;
3) The maximum display surface for the marquee shall be 100 square feet; and
4) The marquee shall front on interior drives and streets, not on streets external to the development.
d) Year-round non-illuminated parking lot identification banners that will be hung from private street lights are permitted with the approval of the Town Manager and the Community Design Commission, as part of Building Elevations and Site Lighting review and approval. Each parking lot identification banner shall not exceed four (4) square feet in display area, and shall be limited to the name and/or trademark of the Mixed Use Zoning District development. One (1) or two (2) banners may be approved for display from each street light.
If internally illuminated, these signs shall have light letters on a dark background. The maximum size for such an internally illuminated sign shall be one-half (1/2) the maximum area per display surface listed above.”
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This is the ___ day of _____________, 2001.
ATTACHMENT 3
ORDINANCE C
(Community Design Commission Recommendation)
AN ORDINANCE AMENDING THE CHAPEL HILL DEVELOPMENT ORDINANCE REGARDING SIGNAGE IN THE MIXED USE ZONING DISTRICTS
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed amendment to the Chapel Hill Development Ordinance to adjust signage regulations in the Mixed Use Zoning Districts, and finds that the amendment is appropriate due to changed or changing conditions in a particular area and achieves the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Article 14, Section 14.13.12 of the Development Ordinance for the Town of Chapel Hill is hereby amended to read as follows:
“14.13.12 Signs in the Mixed Use OI-1 or Mixed Use R-1 Zoning Districts for approved developments complying with the mixed use thresholds
The owner(s) of the mixed use development shall establish a unified sign plan.
No sign that can be read from outside a Mixed Use Zoning District development or from public streets within the development shall be permitted within such development except as allowed under Subsection 14.13.4 or as provided below:
a) Development identification signs containing the name and trademark of the Mixed Use Zoning District development, provided such signs are limited to one (1) ground sign (with no more than two (2) display areas) at each principal point of access to the development, forty (40) square feet in display area and a maximum height of eight (8) feet.
A single development identification sign at one principal point of vehicular access per perimeter roadway frontage of a development may be increased in size to 80 square feet with a maximum height of eight (8) feet if the development contains a cinema. This development identification sign may include the name and trademark of the cinema and may include a changeable listing of movie titles in addition to the name and trademark of the Mixed Use Zoning District development. If internally illuminated the sign shall have light letters on a dark background. The maximum size for such an internally illuminated sign shall be one-half (1/2) of 80 square feet.
b) Building identification signs containing only the name of a building or building complex and the nature of the establishments therein, provided such signs are limited to one wall sign per building with a display area not exceeding five percent (5%) of the area of the building facade to which it is attached.
c) Identification signs for individual establishments containing the name(s) and trademark(s) of the establishments, provided such signs are limited to wall signs with a maximum display area limitation of five percent (5%) of facade coverage. Wall signs overall (combination of building identification and individual establishment identification) are limited to a maximum display area not to exceed five percent (5%) of the area of the building facade.
For a cinema, a marquee, as a permanent canopy projecting over an entrance to a building, may be erected and displayed with the following limitations:
1) A marquee may identify the name and trademark of the cinema and may include a changeable listing of movie titles;
2) A marquee shall not extend more than ten (10) feet from the building nor be less than nine (9) feet above the ground or sidewalk at the lowest point;
3) The maximum display surface for the marquee shall be 100 square feet; and
4) The marquee shall front on interior drives and streets, not on streets external to the development.
d) Seasonal non-illuminated parking lot identification banners that will be hung from private street lights, and will not be displayed for more than 90 days, are permitted with the approval of the Town Manager and the Community Design Commission. Each parking lot identification banner shall not exceed four (4) square feet in display area, and shall be limited to the name and/or trademark of the Mixed Use Zoning District development. One (1) or two (2) banners may be approved for display from each street light. The color(s), shape, materials, appearance and duration of display for such banners shall be approved by the Town Manager and the Community Design Commission prior to display.
If internally illuminated, these signs shall have light letters on a dark background. The maximum size for such an internally illuminated sign shall be one-half (1/2) the maximum area per display surface listed above.”
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This is the ___ day of _____________, 2001.
ATTACHMENT 4
RESOLUTION A
A RESOLUTION ENDORSING THE TOWN’S EXISTING SIGN REGULATIONS FOR MIXED USE ZONING DISTRICTS
WHEREAS, the Town has received a Petition from Mr. Craig Davis requesting changes to the Town’s Sign Ordinance for approved mixed use developments in the Town’s Mixed Use–Residential-1 (MU-R-1) and Mixed Use-Office/Institutional-1 (MU-OI-1) zoning districts;
WHEREAS, the Town has considered these proposed changes to the Town’s Development Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby endorses the Town’s existing sign regulations for Mixed Use Zoning Districts.
This the ____ day of _____________, 2001.