Design Review Commission Meeting – October 28, 2025

The Germantown Design Review Commission met on Tuesday, October 28, 2025, at 6:00 p.m. (following a 5:30 p.m. executive session) in City Hall Council Chambers. The meeting included approval of previous minutes, a consent agenda with three sign approvals, two regular agenda items (a sign relocation and municipal code amendments), and a farewell to long-serving City Attorney Mr. McLean.

Consent Calendar

• Approval of Minutes – The minutes from the September 23, 2025 meeting were approved unanimously.
• Consent Agenda Items – Three items were approved as a single consent agenda:
  • Case 25-016: Covenant Presbyterian Church of Germantown – Ground sign (project identification) at 2385 Riverdale Rd.
  • Case 25-018: Elite Dental – Two wall signs (tenant identification) at 1941 S. Germantown Rd., Ste. 101.
  • Case 25-019: Apex Veterinary Surgery – Ground sign (tenant identification) at 2999 Centre Oak Way. The consent agenda was approved with one dissenting vote (Commissioner Nishwitz voted no).

Regular Agenda

A. Case 15-525: Starbucks – Pinnacle Financial Partners – Ground Sign Relocation

• Request: Approval to relocate an existing ground sign at 1264 S. Germantown Rd. (southeast corner of South Germantown Rd. and Wolf Trail Cove) that was removed due to road widening. The applicant sought a waiver of the standard 30-foot setback requirement, proposing a 12-foot setback from Germantown Rd. and a 19-foot setback from Wolf Trail Cove.
• Staff Presentation: Staff explained that the original sign (approved in 2015) was removed because the widening project took right-of-way, slope easements, and construction easements. The proposed new location places the sign within a private waterline easement (owner-owned), not in public utility easements. The city engineer reviewed the site and deemed this location the best available.
• Applicant Statement: Harold Jackson (Visual Dynamics) confirmed the client desires to restore signage; the bank president and Starbucks management are supportive.
• Commission Discussion:
  • Supporters noted that the road widening created the problem, that the sign would have remained compliant if the road hadn’t changed, and that placing it in a private easement means the owner assumes risk.
  • Opposing view (Commissioner Schweikoffer) cited safety risks: obstructed sight lines at a busy intersection (near Chick-fil-A), potential hazards for pedestrians, and that property owners received compensation for the taking. He noted Chick-fil-A’s sign is approximately 16 feet from the curb, but that sign was not removed and is grandfathered.
• Vote: Motion to approve passed 6–1 (Commissioner Schweikoffer voted no).

B. Case 25-017: Municipal Code Amendments (Annual Update)

• Presentation: Director Ross (with assistance from Assistant Director Pounder) presented text amendments to Chapter 2, Article V, Division 4 and Chapter 6, Article VI, Section 6-102. Key provisions included:
  • Clarifying DRC site plan authority in the zoning code (new §23-93).
  • Allowing the Director of Economic and Community Development to approve minor modifications (≤10% changes in building size/pavement) to DRC-approved site plans, in consultation with the DRC chair.
  • Allowing administrative approval of a de minimis 10% increase in fence height.
  • Exempting decorative materials (caps, posts, finials, rounded gate capping rails ≤6 inches) from fence height calculations.
  • Permitting the DRC to approve fences over 6 feet in height for projects under its review (e.g., cell tower enclosures) regardless of zoning district, eliminating a separate BZA step.
  • Requiring fencing between the street and front facade (behind the required front setback) to be see-through and set back at least 50 feet.
  • Clarifying fence height measurement on retaining walls and requiring prior written approval for fences in drainage easements.
• Discussion: Commissioners asked about definitions of minor modifications and decorative materials. Staff explained that minor modifications are judgment calls (e.g., changing landscape materials) and are reviewed with the DRC chair. Lattice is not considered a decorative material; the 6-inch limit on decorative additions addresses height concerns. Existing fences in easements are reviewed at permit issuance if >50% replacement.
• Vote: Motion to approve the amendments as presented passed unanimously (7–0).

Other Business

• Commission Liaison Reports – Not discussed during the meeting.
• Farewell to City Attorney McLean: Mr. McLean announced his departure in mid-November after serving since March 1992. Commissioners expressed gratitude for his long service and noted the low litigation record attributable to his guidance. They expressed hope he would attend one more meeting.

Key Outcomes

• Approved (unanimous): Minutes from September 23, 2025.
• Approved (6–1): Consent agenda items 25-016, 25-018, 25-019 (Commissioner Nishwitz dissented).
• Approved (6–1): Starbucks/Pinnacle Financial Partners sign relocation with setback waiver (Commissioner Schweikoffer dissented).
• Approved (unanimous): Municipal code amendments (annual update) as presented.
• Next Steps: The code amendments will be forwarded to the Planning Commission (December meeting) and then to the Board of Mayor and Aldermen for final adoption.