City’s sign ordinance questioned

By Sasha Heller
Staff Writer
Posted 1/30/10

DAPHNE, Ala. — The acceptance of Eastern Shore Hyundai’s site plan by a 5-3 vote at Thursday’s Planning Commission meeting raised concerns over the city’s sign ordinance regarding how many monument signs an auto dealership may have on its …

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City’s sign ordinance questioned

Posted

DAPHNE, Ala. — The acceptance of Eastern Shore Hyundai’s site plan by a 5-3 vote at Thursday’s Planning Commission meeting raised concerns over the city’s sign ordinance regarding how many monument signs an auto dealership may have on its property.

The sign ordinance mandates that every business in the city may have one monument sign, but it allows car dealerships a second sign — provided its purpose is to advertise used cars. The ordinance allows auto dealerships one sign for every manufacturing line they sell new — such as Ford/Lincoln/Mercury; Toyota/Scion — as well as a sign that promotes its used car inventory.

Commissioner Larry Chason said the ordinance is open to interpretation and recommended it be reworded for clarity.

“There are differences of opinion in interpretation of the language of the ordinance,” city attorney Jay Ross said. “(But) the commission can determine whether its an appropriate sign or not regardless of my opinion.”

“It doesn’t say one way or the other,” Chason said of the ordinance. “It’s a poorly written paragraph.”

The project spokesperson said to the commission that — according to the ordinance — for every right-of-way a business fronts, it can have one corresponding monument sign.

“I think it’s pretty cut and dry,” Mayor Fred Small said. “I-10 is a right-of-way.”

The ordinance also allows for a business to have a pylon sign provided they have 500 feet of frontage space. This became a point of discussion at Thursday’s meeting as Eastern Shore Hyundai’s site plan included a 21-foot sign along Interstate 10 but only 330 feet of frontage space.

Chason asked a project spokesperson if the property could be resubdivided to meet the 500-foot requirement. The developer said there is approximately 1,000 feet to work with.

Chason said that rejecting the site plan would likely lead to Eastern Shore Hyundai installing a pylon sign, a less attractive option, instead of the intended monument sign.

Director of community development Adrienne Jones said the commission can accept the site plan with the signage request left to be hashed out.

Commissioner Cathy Barnette expressed concerns over possible past site plan rejections based on the ordinance’s applications. She said the commission could create a perception of acting inconsistently if it were to approve the site plan.

Commissioner Victoria Phelps echoed her sentiments.

“If this does get passed tonight, we can expect those owners (in that area) to come back and ask for interstate signs,” Phelps said. “Let’s all understand that’s going to happen.”

Barnette said the ordinance was created so the city could limit the number of signs along the highway.

“There was a concern that we would get too much interstate signage,” she said.

The 5.4-acre site is northwest of the intersection of Alabama Highway 181 and Justina Avenue in the Eastern Shore Park subdivision, between Chris Myers Nissan and Eastern Shore Toyota.

In other business, the commission:

Developer David Diehl said traffic will flow around the building and into the maintenance entrance.

The 1.2-acre site is northwest of the intersection of U.S. Highway 98 and County Road 64.

Diehl said the subdivision will have two units per acre and 40 percent of the land will be green space.

“That’s almost double what’s required,” he said.

The plan calls for a walking trail, boardwalk and room for active recreation.

Construction will also include a deceleration lane along County Road 13 and Longview Boulevard.

Barnette said the plan still needs some work before she feels it’s ready.

“This is the time when we’re supposed to figure out what this development’s going to look like,” she said. “I just think there’s still some unanswered questions.”

Concerns were raised over owners who had previously bought lots on condition that the development would remain zoned R-1, low-density single-family residential, or R-2, medium-density single-family residential.

A change in density could impact the property value, Phelps said.

The P.U.D. application’s two-units per acre increases its density rating and could qualify for rezoning.

“We’re moving more towards the R-4 clustered because that’s what the market demands,” Barnette said. “We’re seeing a lot of that and that’s okay.”

Small suggested the developer submit a revised master plan.

“As a P.U.D. it needs to show all of the amenities it will have, even all the houses,” he said.

French Settlement’s master plan was originally accepted in May 2007.