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HomeMy WebLinkAboutITEM II-B cITxoF DRAFT PLANNING COMMISSION WASHINGTON August 25, 2009 MINUTES I. CALL TO ORDER Chair Judi Roland called the meeting to order at 7:30 p.m. in the Council Chambers located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA. Commission Members present were: Chair Judi Roland, Vice Chair Kevin Chapman, Bob Baggett, Ron Copple and Dave Peace. Commissioners Peter DiTuri, Joan Mason, and Michael Hamilton were excused. Also present were: Director Cindy Baker, Assistant Director Kevin Snyder, Senior Planner Chris Andersen, Assistant City Attorney Steve King and Planning Secretary Renee Tobias. II. PUBLIC HEARING A. Title 18 (Zoning) of the Auburn City Code - Amendments to Chapter 18.56 (Signs) Chair Roland opened the public hearing at 7:31 p.m. Assistant Planning Director Kevin Snyder provided background information on the proposed amendments to Title 18.56 (Signs) and reviewed the exhibits with the Commission. The Auburn Planning, Building and Community Department and the Mayor's Office have received numerous requests from local businesses for increased regulatory allowances for portable and temporary signs to help stimulate local business activities during the current significant economic downturn. The proposed amendments address additional flexibility for portable signs, temporary signs and off-site directional signs. Commissioner DiTuri, who was absent from this meeting, had asked Mr. Snyder to share his two concerns. One, timeframe of the temporary signs and the other is the issue of signs in the public right-of-way with reduced visibility of the signs in inclement weather. Assistant Director Kevin Snyder indicated that Planning and Legal staffs have different points of view to present to the Commission with respect to temporary and portable signs in the public right of way, and whether they should be subject to a permit. Assistant City Attorney Steve King will present the Legal DepartmenYs views to the Commission. Assistant Director Snyder stated that the Planning Department recommends that temporary and portable signs allowed by the amendments not be subject to a permit. The Department has concerns in finro areas: the first issue is the amount of staff time that could be required to process permits for, and monitor temporary signs in the right of way if many temporary sign permit applications are submitted. PLANNING COMMISSION MEETING MINUTES AUGUST 25, 2009 The second issue is that from an economic development perspective and the objective of making the opportunity for increased temporary and portable signage as easy as possible for businesses, requiring businesses to apply for a permit and pay permitting fees for signs in the right of way may not be economic development friendly. Staff recommends that if a permit is required, there either there be no fee or a low fee. Assistant City Attorney Steve King stated that the City Legal DepartmenYs recommendation is that the authorization for businesses to place temporary signs in the public right of way should be subject to a permit. The concern is that if a temporary sign permit is not required, business owners might be able to make an argument that they have a vested right under the code to continue placing their sign in the public right-of-way after the sunset date of the temporary amendments. If the permit had a specific expiration date, this argument could not be raised. Assistant City Attorney King suggested that one-page form, signed by the owner, acknowledging that permission to place their sign in the public right-of-way was for a limited time, could be sufficient. He stated that the City Attorney's Office does not have any issues with the implementation of the temporary signs or their continued use, but rather that some business owners may feel that they would have a legal basis to be able to continue using the temporary and portable signs after the sunset of the temporary amendments as a legal nonconforming use. Assistant Director Snyder stated that staff is also seeking guidance on the duration of the temporary sign amendments. Assistant Director Kevin Snyder offered some options for the Commission's consideration. One would be to have an initial six month period with an opportunity to extend another 6 months as well as limiting the number of times it could be extended. The other would be to set the sunset clause for a specific amount of time, i.e., 18 months, after which the sign code would revert back to the current requirements. There being no one present to speak regarding amendments to ACC 18.56 (Signs), Chair Roland closed the public hearing at 7:58 p.m. Commission expressed concern about the City reverting back to current code and the business community being upset or not complying with the code after the temporary amendments have expired. Staff clarified that as drafted, the amendments would require that A-frame portable signs be taken in at the end of the business day. Commission discussed and deliberated the length of time for the temporary sign code. Staff clarified that extending the duration of the temporary signs could be administrative where another public hearing would not be required. Commission discussed limiting the number of signs allowed by each business owner. Staff related that limitation to size and number of signs for both single-tenant and multi-tenant buildings have been written into the draft language (18.56.030.1). The Planning Director has the discretionary authority to authorize additional portable signs along a public or private street frontage if it will not result in substantive visual and/or aesthetic impacts to the City, and allowance is warranted by physical site conditions. 3 PLANNING COMMISSION MEETING MINUTES AUGUST 25, 2009 Commission agreed that the sunset time period would be one year from effective date of the ordinance, with the option of a six month administrative extension. Commission was supportive of a limited permit process and fee structure for temporary signs in the public right-of-way. Commissioner Peace moved and Commissioner Copple seconded to recommend to City Council adoption of the amendments to sign code as drafted, with the following modifications: 1. Period of temporary amendments to be 12 months, with an option for up to two administrative extensions of 6 months; and 2. That permits be required for signs in the public right-of-way, with a simple application process and low or no fee. MOTION CARRIED UNANIMOUSLY 5-0 III. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjourned the meeting at 8:20 p.m. 4