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 in
the adjacent conference room.

A CALL MEETING TO ORDER

B DISCUSSION

1. Stormwater Retrofit Locations

Presenter: Tony Chalk, Assistant Town Engineer

2. Review of the 2009 Permit Extension Act Amendment

Presenter: Brad Bass, Planning Director

3. Citizen Concerns Regarding Signs

Presenter: Brad Bass, Planning Director

C REPORTS

1. ConAgra Re-Development Initiative Update

Presenter: Tony Beasley, Economic Development Director

2. Garner Revitalization Association Bi-Monthly Update

Presenter: John Hodges, Executive Director

3. Economic Downturn Update

Presenter: 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 Watkins

Town Manager

FROM: Brad Bass, AICP

Director of Planning

DATE: October 20, 2010

SUBJECT: Discussion of Signs

Background

The Planning Department received a complaint from a citizen regarding fifteen (15) signs
located 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 between
the Town’s Enforcement Planner and the complainant which led to more complaints about
signs being filed by this individual. Attachment Two represents the complete list of sign
complaints registered by the Planning Department. The signs in red are ones still open and
will be the focus of our discussion with Council. They relate to signs advising residential
subdivisions and advertising large construction projects. The signs listed in black on
Attachment 1 have been brought into compliance. A meeting with Town Management,
the Planning Department and the individual who filed the complaint was held recently to
discuss these issues.

Findings

There are several different types of signs that are permitted regarding the advertisement of real
estate 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 Sign

on the premise without a permit (4 s.f. for residential & 3 2 s.f. for
commercial).

- Construction Identification Sign that names the project, developers,

contractors, and others associated with the construction, sale, or lease of the
property is allowed (temporary sign permit, limited to one-year, with a
renewable option). Signs must be removed within ten days after the final
certificate of occupancy has been issued. They are required to be on-premises
with no more than one such sign per site, and it may not exceed 32 square feet
in 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 public

to a subdivision or multifamily development with the property owner’s
permission. These signs are limited to one year through the issuance of a
temporary sign permit. They cannot exceed 32 square feet in surface area, and
can 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 premises upon
which the sign is located

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Construction Site Identification Signs naming the project, developer, contractors

and others connected with the construction, sale, or lease of structures, and related
information.

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Off-Premise Signs on private property directing the public to a subdivision or

multifamily development.

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

Construction Site Identification Signs

Municipality Size Permit Duration Removal

Required
Holly Springs 6 sq ft Yes Construction 15 days end of
construction or
development.
Fuquay- 64 (all signs) Yes Based upon number of Expiration of Permit
Varina 32 (one sign) lots
18 months first 50
6 months/addl. 50
Morrisville 32 (residential) Yes Construction Permit to Occupy
64 (all others)
Apex 64 sq ft (non- Yes 6 months may be Issuance of C.O.
residential) renewed additional 6 (Commercial)
32 square feet months 100% Sold to builders or
(residential) private owner (residential)
Raleigh 32 (non- Yes Construction 15 days after a certificate
residential) of compliance is issued.
15 (residential)
Cary Same as ground Yes Construction C.O. Issue Date or First
sign C.O. for Subdivisions
Wake Forest 32 square feet Yes Undefined Undefined
Knightdale 4 (Residential) No Construction 30 days after a C.O.
32 (Others)
Garner 32 sq ft Yes 1 year with a renewable 10 days after the issuance
option of 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's
Permission req'd
Knightdale 3 4 square feet Removed 7 days
after 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 municipality
surveyed that allows for larger off-premise signs. The only thing permitted on the sign is the name
and direction of the development.

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Issues

During the review of the sign complaints previously discussed staff identified several issues
we felt needed to be brought to the Council’s 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 housing
market, the development community appears to be reluctant to take down signs that
are in violation. There are several options that can be considered to address this
situation.

- Council can direct staff to suspend enforcement action on these types of signs
given the general condition of the current housing market and address this
matter 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 time
period. Staff would suggest guidelines be considered should we move forward
with a text amendment to allow this. As a starting point, these types of signs
could be renewed annually for a certain period of time or until a certain
percentage of lots have been developed (built upon) whichever occurs first.

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

2. A second issue that may need Council review concerns clarifying the renewal of
on-site Construction Identification Signs. Currently these signs are allowed for one
year with a renewal option but without any further guidance in the UDO. Staff has
heard 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 under
construction 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 consider
some 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 above
is warranted, then staff needs consensus from Council to draft possible changes to the sign
ordinance for review at a future work session.

Please advise if you have questions.

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