TO: Mayor and Members of City Council
THRU: Kristoff T. Bauer, ICMA-CM - Deputy City Manager
Gerald A. Newton, AICP - Development Services Director
Taurus Freeman - Planning & Zoning Divisional Manager
FROM: Sharon D. Williams, AICP - Senior Planner
DATE: May 6, 2019
RE:
Title
TA19-01: An amendment to the Design Guidelines for Fayetteville’s Historic District and Local Landmarks to add language regulating murals in the City’s Historic/Landmark Overlay (HLO) Districts.
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
2024 Goals, Goal IV: Desirable Place to Live, Work and Recreate
Executive Summary:
Currently, the City of Fayetteville does not have a process for reviewing murals in the City’s Historic District, nor on Local Landmarks in the Design Guidelines for Fayetteville’s Historic District and Local Landmarks (2000). Staff has received several inquiries regarding whether murals are permitted and if so, what is the approval process. Staff is recommending that Council consider options to amend the Design Guidelines for Fayetteville’s Historic Districts and Local Landmarks to establish a review and approval process.
Background:
On September 25, 2018, the Historic Resources Commission (HRC) heard a request to paint a mural on the rear wall of 126 Hay Street (COA# 18-030). A discussion held between the applicant, staff and the HRC revealed that no process existed for regulating murals in the City of Fayetteville.
At the request of the Commission, members of the planning staff researched the process used by other localities in North Carolina to regulate murals in historic districts. The findings were presented to the HRC and discussions were held over the course of several months.
At its February 26, 2019 meeting, the Historic Resources Commission recommended a request be forwarded to City Council so a public hearing would be set to receive citizen comments on a proposed amendment to the Design Guidelines for Fayetteville’s Historic District and Local Landmarks that would regulate murals in the HLO.
Issues/Analysis:
Numerous cities and towns in North Carolina allow murals, including in historic districts. They include Raleigh, Greensboro, Hillsboro, Matthews, Greensboro, Winston-Salem and Durham, to name a few. While the review and approval process for each varies, most require an administrative review for the repainting of formerly painted walls or noncontributing walls in historic district. The painting of previously unpainted contributing surfaces requires the approval of the local Historic Board/Commission.
The commonality amongst the local government ordinances and processes reviewed was that they specifically define artwork. Most exempt murals from being defined as signage, since they contain no graphics nor text, which advertises businesses, products or services offered on the premises. Murals are solely artistic in nature.
The City of Fayetteville does not prohibit, permit or regulate “art” in the Design Guidelines for Fayetteville’s Historic Districts and Local Landmarks manual. As it is silent, this ambiguity could call into question the City’s authority to review murals in Historic/Landmark Overlay (HLO) Districts. Adding additional language would provide clarity.
Budget Impact:
There is no immediate budget impact for this amendment.
Options:
1) Direct staff to move forward through the process of text amendments to the UDO;
2) Delay any action on the potential text amendment defining art and murals until a review of the current Design Guidelines for Fayetteville’s Historic Districts and Local Landmarks manual has occurred.
3) Delay any action on the potential text amendment defining art and murals until a reconciliation of other current plans and the presented March 4, 2019 Fayetteville Downtown Urban Design Plan (but not yet formally acted on in any manner) and the current Design Guidelines for Fayetteville’s Historic Districts and Local Landmarks manual has occurred.
4) Allow murals to be installed in Historic Districts without the HRC review, through a text amendment.
5) Any combination of the above.
Recommended Action:
Request staff to (1) initiate the UDO text amendment process to establish a process for the review and approval of murals in the City’s Historic Districts of the proposed Addendum to the Design Guidelines. (2) Then hold any final action or consideration to the City Council until the City Council determines a position on the update of the current (year 2000) Design Guidelines for Fayetteville’s Historic Districts and Local Landmarks manual at which time the City Council would decide to hold the public hearing for the text amendment or defer action to coordinate with a potential updated or modified Historic District design guideline.
Attachments:
Draft Addendum to Design Guidelines Manual