the economic development and code enforcement committee agenda our meeting um called to order is there anybody online that wants to speak yeah this is the five minute or 15 minute period before the meeting for any public comments uh there appears to be nobody online uh so the and nobody in the room so therefore no public comments prior to this meeting okay and we can proceed we have a quorum so we're good to go I think Rob you're up to my there we go yeah lost the unplugged I lost the presentation all right who's that's okay we'll be all right just try to get this to where we can see it all right good evening um Rob Pierce planning director uh this evening uh wanted to discuss the independence commons deed restrictions uh specifically the sign uh regulations for that business park independence commons is the city uh developed business park that's along the Northside Airport Road uh where the Delaware Veterans Home Food Bank Boys and Girls Club Hospice and other businesses are located um the city developed that uh property in the mid-2000s uh the development of that um business park included a set of deed restrictions that were originally recorded uh back in 2008 uh these restrictions were modified in 2016 and again in 2023 uh by the adoption of council resolution uh so I think there was some modifications made uh to some of the the requirements um and at least one of those was related to allowing a little bit more flexibility in the types of signage that could go in there uh the deed restrictions include several articles uh related to you know what the properties are limited to in terms of zoning what their sign requirements are um dedication of easements common area expenses and then there's even some architectural review requirements so anytime there's a new site plan that comes through or an addition uh there's supposed to be a review of the um building elements uh to make sure it complies with what was originally intended um the deed restrictions include language for signage that are above and beyond our current uh zoning requirements so our zoning code uh for all properties in milford has a sign uh element to it um and and that and and the zoning code uh you know regulates where signs can be placed how large they can be how many there can be and it varies depends on depending on which zoning category your property is located in so within the independence commons business park uh monument signs are currently limited to um individually mounted reverse pan channel letters with internal lighting uh so that's that would be individually cut letters mounted on some sort of structure that is stone or brick and then I have some slides within the packet that kind of show you the types of signs that are out there and I think we've kind of strayed a little bit away from what the deed restrictions originally outlined and and and what kind of issues that kind of poses so you know these three signs seem to comply with um that sign element of you know being mounted on a uh stone or brick monument uh and with individually mounted letters on it and this would be the main sign coming in the Delaware veterans home and the hospice business um the nephrology associates appears to meet that requirement those are individual raised letters on that monument sign uh the boys and girls club does not it's actually those letters are etched in to whatever um the monument sign is made out of there and then the food bank has a uh electronic message center sign which is consistent with the deed restriction so when the food bank went in uh we added some element or some um latitude in the deed restrictions for signs um basically stating if you have a large complex that you know requires multi multiple

Uh the boys and girls club does not, it's actually those letters are etched in to whatever um the monument sign is made out of there.

And then the food bank has a uh electronic message center sign, which is consistent with the deed restriction.

So when the food bank went in, uh we added some element or some um latitude and the deed restrictions for signs, um basically stating if you have a large complex that you know requires multi multiple types of signage, like you know, different building numbers or deliveries this way, visitors this way.

Uh it could come through as a conditional use through a comprehensive signage application, which they did.

Um so that that went through a public hearing, was reviewed and approved by the planning commission and city council.

Um

we also have a doctor's office in here that appears to be more of a flush mount um cabinet with etched uh letters not raised.

Um

and we have some very small signs for a couple businesses down towards the end of West Liberty uh way uh that don't necessarily meet that monument sign um uh concept that are in the deed restrictions.

Um so you know, some but not all the signs, you know, include the pan channel letters, but they're not internally lit.

Um, some but not all are constructed of stone or brick in terms of their monuments.

Um I'm I'm having difficulty um enforcing the deed restrictions on newer businesses that are in there.

We have one uh that's kind of under review right now, and then you we have a couple new buildings coming in.

So I I'm anticipating this becoming an issue going forward that you know these businesses are gonna want to build signs that are a little bit different than what's in our deed restriction.

So you know, staffs my recommendation would be to eliminate the deed restriction language and just allow the zoning code um to uh be applied to those properties within Independence Commons.

It would be similar to what we have on the south side of Airport Road where the public works facility is.

There's no deed restrictions in there related to the signage design, um, and there's no deed restrictions, obviously for um other commercial complexes throughout uh Milford that we would be enforcing.

Um the city zoning code um regulates location size types of signs permitted within the OC1 district, and I've I've included a copy of the zoning code in here.

Uh

so we have a copy of the deed restrictions, um, which were last amended um a couple of years ago.

Uh so Article 2, again, you've got several paragraphs there.

Some of it is redundant with what's in our zoning code, um, but it it is limiting the size of the signs, what they're made of, how many there can be, and a lot of that is other than the architectural requirements, a lot of that is very similar to what we have in our zoning code.

Um but I just wanted to bring this before the committee before bringing anything before city council related to this modification to the deed restrictions to get any thoughts or ideas or or comments.

Why did we need deed restrictions on top of the code thing?

Um, I imagine they were.

Did you have a comment?

Well,

I said, why did we need deed restrictions on top of the code that was already there?

Um I think again, they were trying to control maybe the aesthetic look of the business park in terms of how the buildings are constructed and the signage to have a consistent look throughout.

But

you're you're you feel code would cut would accommodate any outrageous requests, is what you're I think I hear you saying, correct?

It would give property owners more flexibility in what they could place on the property in terms of color design and material would still have to comply with our construction standards within the sign regulations,

but

it would give them more uh freedom in terms of you know

their branding.

Yes,

yeah.

Yeah, councilman Maribella.

Rob, uh on the last two existing signs with

a

the computer store and the

the

diamond state industry, how do they get away with such

minimum signs?

I'm not sure.

Um there's been two sign permits issued since I've been here, and those are the two here.

Uh the mid-Delaware professional and the food bank.

Um, these other ones are a little older.

Um, you know, sometimes, you know, I wonder if the process for reviewing building permits, you know, if the building official was reviewing them and we've had some turnover and positions over time.

Um, you know, there's the possibility that you know a building official may not have been aware of the deed restrictions.

So I'm not entirely sure, but we do have some, like I said, deviations from uh what is listed out in text from the deed restrictions?

They comply with the zoning code, uh, but not the deed restrictions.

Councilwoman Gales.

Um, so let's just say we change are you talking about changing the deed or taking it out?

It would not, it would be the deed restrictions, which are adopted by resolution and recorded with the county.

Uh we could eliminate,

you

know, my recommendation would be to just eliminate the whole article at this point, renumber the articles and just leave the signs to be um regulated by the zoning ordinance.

Um I mean, right now everything pretty much you know, and we're just gonna talk about that side of the city mats or is um it has the same