Memorandum

City of Lawrence

Planning & Development Services

 

TO:

Sign Code Board of Appeals

 

FROM:

Barry Walthall, Building Codes Administrator

 

C:

 

Scott McCullough, Planning and Development Services Director

Kurt Schroeder, Asst. Director of Planning & Development Services

Toni Wheeler, City Attorney

 

Date:

April 30, 2015

 

RE:

Request for Sign Code Amendment

 

 

 

Attached is a request from William Fleming of Free State Holdings, Inc. requesting consideration of a change to the Sign Code “…to permit monument signs in areas that are designated as sign easement areas but that may not be contiguous to land owned by the company that is being advertised.”

 

The Staff understanding of this request is to amend the Sign Code to allow multi-tenant ground signs/surface mounted (monument signs) on outlying parcels of unified developments that incorporate advertising for businesses located on interior lots not fronting major thoroughfares, similar to the provisions for multi-tenant establishments on five acres or more as permitted by City of Lawrence Code Section 5-1841.6(C).

 

Under the current Sign Code a development that is five acres or larger and includes multiple establishments/parcels is permitted to increase the size of a single monument sign on the site; or alternatively to install a second smaller sign at a secondary entrance to the development.  Other unified developments with multiple parcels have installed monument signs on each parcel for the business establishment in compliance with the current code standards for these types of large developments.  Bauer Farms has set its pattern with individual monument signs on each parcel and is not eligible for multi-tenant signs under the current code.

 

Code References Summaries

Section 5-1801 of the City of Lawrence Code sets forth the purpose of the Sign Code to establish a comprehensive system for the regulation of signs, and enumerates values intended to promote the general health, safety and welfare of the citizens of the City of Lawrence.

 

Section 5-1802(J) of the City of Lawrence Code defines “Sign, Advertising” as a sign which directs the attention of the public to any goods, merchandise, property, business, service, entertainment or other amusement conducted, produced, bought or sold, furnished, offered or dealt in elsewhere than on the premises where such sign is located or to which it is affixed.  These signs are also commonly referred to as “off-premise signs”.

 

Section 5-1841.6(C) of the City of Lawrence Code allows for increased sign parameters for “multi-establishments on five acres or more”.  The area for a monument sign may be increased by up to twenty (20) square feet, or a second monument sign up to forty (40) square feet in area may be installed at a secondary entrance facing a different public street than the first sign.  The criteria for these alternatives are that the site is bounded by two (2) or more public streets, has five (5) acres or more, and has more than one (1) separate business on the site.

 

Section 5-1845(A) of the City of Lawrence Code prohibits advertising signs as defined in Section 5-1802(J) from being constructed or erected in the City at a site or location that is different from its site or location on the effective date of the ordinance (Ordinance 6582, effective 9/13/1994).  This Section also prohibits the granting of variances by the Sign Code Board of Appeals.

 

Section 5-1847 of the City of Lawrence Code sets forth the procedures for the Sign Code Board of Appeals to hear and decide on appeals and requests for variance concerning enforcement of the Sign Code.  The Board may grant variances upon a determination that the following findings have been fully met:

 

1.    At the time a variance is granted by the Board, the Board shall find that the variance request arises from conditions which are unique to the location in question and which are not ordinarily found in the same district zone; and the unique conditions are not created by an action or actions of the property owner or applicant; and

 

2.    At the time a variance is granted by the Board, the Board shall find that the granting of the variance will not be materially detrimental to the public welfare, including the visual appearance of the area, or injurious to property or improvements in such zoning districts or neighborhood in which the property is located; and

 

3.    At the time a variance is granted by the Board, the Board shall find that the strict application of the requirements of Chapter 5, Article 18 of the City Code would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Article.  Such practical difficulties or unnecessary hardships may include compliance with amended provisions of this Article that were not in effect at the time a predecessor sign was installed.

 

Staff Analysis

Briefly summarized, the purpose of the Sign Code is to establish a comprehensive system for the regulation of signs that promotes desirable sign characteristics and curtails or precludes aspects that are less desirable to safeguard the health, safety and welfare of the citizens of the City of Lawrence.  In his letter requesting a Sign Code change, Mr. Fleming has identified a concern that the Sign Code may not be serving the intended purposes.  Although particular circumstances may be different, there are multiple commercial properties in Lawrence that are situated such that monument signs located directly on the site may not be compatible with the intended purposes of the Sign Code.

 

The Sprouts project referenced by Mr. Fleming, currently under construction at 4740 Bauer Farm Drive, does have direct frontage on multiple public streets, including Bauer Farm Drive, Champion Lane, and Overland Drive.  Bauer Farm Drive and Champion Lane are public streets, but function as access drives for the Bauer Farms Development.  Overland Drive accommodates traffic unrelated to access for Bauer Farms but is not a heavily travelled commercial street.  Placement of a monument sign on the Sprouts property would not be visible from 6th Street and may by counter-productive in serving the intended purposes of the Sign Code; the sign may only be minimally effective in the identification of the place of business, may serve to increase clutter on streets that have or will have very limited signage, may not enhance the attractiveness and economic well-being of the City and may not curtail the size and number of signs and sign messages reasonably necessary to identify the business location.

 

Other developments or properties within the City are affected by the Sign Code prohibition on advertising signs similar to the Sprouts project, including:

 

·         The Menards project currently under construction at 1470 W 31st Street has no direct frontage on 31st Street, and has only minimal frontage along Ousdahl Road, which is a public street but functions solely as an access drive for Menards and the Home Depot development to the west.  Menards has requested a multi-tenant sign to be located on the property at 1650 W 31st Street at the northeast corner of 31st Street and Ousdahl Road.  Staff has an agreement with Menards to allow such a multi-tenant sign that would comply with the provisions of City of Lawrence Code Section 5-1841.6(C) for multi-establishments on five acres or more, including the limitation of a single sign for the entire development.  This agreement has been reached in principle, but Menards has not yet submitted all required written agreements to be included in permit files and filed with the Douglas County Register of Deeds.  Approval of a Sign Code amendment could be applied to this development in a similar fashion as Bauer Farms.

 

·         The development at Target is configured similarly to Menards, with Target located on an interior parcel with outlying parcels dedicated to smaller pad sites.  The Target developers’ design approach to obtaining approval for a monument sign along Iowa Street was to plat a tract of land, .037 acres total area, directly along Iowa Street that was intended to be dedicated for placement of a monument sign.  The tract is owned by Target, but is not contiguous with the parcel on which the Target store is located.  The sign permit application was received in April, 1995, which was after Ordinance 6582 prohibiting advertising signs took effect in 1994.  Variance requests were also received for other elements of the Target sign package, which were acted on by the Board of Sign Code Appeals.  The City Commission acted to approve the monument sign permit application on May 10, 1995.  Staff believes the City Commission acted on this issue because the Target project was under construction and development at the time ordinance 6582 became effective.  The Target monument sign is a single tenant sign and is located on the remote tract still owned by Target.

 

·         The existing development at 2429 Iowa Street has similar challenges under the Sign Code.  Staff has had communications with building occupants periodically over the last several years in response to sign placement inquiries.  These discussions have covered possible methods to place permanent or temporary signs along Iowa Street.  A common practice for at least one of the building occupants has been to park a vehicle with promotional graphics in a parking stall along Iowa Street.  More recently, property owners have inquired about how lot lines could be changed to gain frontage on Iowa Street to accommodate a monument sign for businesses located on this “landlocked” parcel.  This would essentially be a process to re-plat the lots and redraw property lines to create a flag shaped lot providing the 2429 Iowa parcel with frontage on Iowa Street to gain the ability to construct a monument sign along Iowa Street.  This may be possible, but would require a significant amount of “process”.

 

The above examples provide insight into the Sign Code challenges involved with multi-parcel developments with large interior or “landlocked” lots.  Design options do exist that can facilitate sign placement along the major traffic corridors in compliance with current sign regulations.  However, there are no uniform design guidelines that address compliance through the planning review process.

 

Two options for addressing Mr. Flemings request to amend the Sign Code are presented for consideration:

 

1.    Recommend to the City Commission an amendment to the Sign Code to allow off-premise signs in certain limited circumstances for parcels that are within a unified development or within a short distance of a major thoroughfare with approval of all parties with an ownership interest.

2.    Recommend to the City Commission an amendment to the Sign Code to allow variance requests in limited circumstances by the Sign Code Board of Appeals.

 

In the opinion of Staff, the prohibition against advertising signs established by Ordinance 6582 has served the community well and is compatible with the purpose statement as set forth in City of Lawrence Code Section 5-1801.  However, it may be reasonable and prudent to amend the Sign Code to allow limited off-premise advertising along major streets for interior or “landlocked” parcels that would also promote the purpose of the Sign Code by improving businesses’ ability to communicate information necessary for the conduct of commerce, enhancing the attractiveness and well-being of the City, aiding in orientation, and curtailing the overall number of signs and sign messages.

 

Either of these options will provide Mr. Fleming with a path forward to receive a determination on his request for sign approval.  Option 1 to amend the Sign Code provides an advantage to applicants in that an administrative approval process becomes available; the applicant demonstrates compliance with prescriptive Sign Code requirements through a permit application process and receives a permit to install a sign.  Option 2, to allow variance requests to the Sign Code Board of Appeals, would require that the applicant demonstrate eligibility for a variance in accordance with City of Lawrence Code Section 5-1847.  This would include a determination by the Board that all required findings have been satisfied.  The Board would have authority to vary construction (dimensional standards, materials and placement) and district regulations for limited off-premise advertising signs. 

 

Recommendation

Staff recommends that the Sign Code Board of Appeals recommend that the City Commission amend the City of Lawrence Code to allow limited off premise advertising signs as follows:

 

5-1802 DEFINITIONS.

(AA) Unified Development.  One or more lots or parcels of real property that share a common plat, development plan, or site plan.

 

5-1841.6

(C) Same, Multi-Establishments

(1)  Same, Multi-Establishments on Five Acres or More.

a.    (1) A sign located on a lot of five (5) acres or more on a site with more than one (1) separate business or establishment, shall be allowed a maximum additional square footage of twenty (20) square feet, in addition to that set forth in Subsection (A), for the sign, depending upon the setback of the sign.

b.    (2) Provided, that aAs an alternative to the additional square footage set forth in Section 5-1841.6(C)(1)(a), an additional sign with an a maximum of forty (40) square feet surface area may be installed at a secondary entrance facing a different public street than the first sign, provided the site is bounded by two (2) or more public streets, has five (5) acres or more, and has more than one (1) separate business on the site.  (Ord. 6635)

 

(2)  Same, Multi-Establishments on Multiple Parcels on Five Acres or More.

a.    Where one or more lots or parcels of real property are part of a Unified Development, as that term is defined in Section 5-1802(AA) of this Article, a ground sign/surface mounted (monument sign), in compliance with Sections 5-1841(A) and (B), located on real property within a Unified Development, may display advertising graphics promoting multiple business located within the Unified Development. A business advertising on a ground sign/surface mounted (monument sign) that is located on another lot or parcel within a Unified Development, shall not be permitted to install a second ground sign/surface mounted (monument sign) on the lot or parcel that it occupies.

 

5-1845     NEW ADVERTISING SIGNS (BILLBOARDS) PROHIBITED; REGULATIONS FOR EXISTING SIGNS.

 

(A)   Except as may be permitted by Section 5-1841.6(C)(2), on Upon and after the effective date of this ordinance, an Advertising Sign, as that term is defined in Section 5-1802(J) 5-1802(J) of this Article, (including billboards or poster boards) shall not be constructed or erected in the City of Lawrence, Kansas, at a site or location that is different from its site or location on the effective date of this ordinance.  A variance from the provisions of this Section shall not be granted by the Board of Sign Code Appeals.