HomeMy WebLinkAbout052208CITY OF PORT TOWNSEND
PLANNING COMMISSION MINUTES
MEETING OF May 22, 2008 7:00 PM
CITY HALL -CITY COUNCIL CHAMBERS
]Yleeting Materials:
EXH 1 Planning Commission Meeting Agenda -January 24, 2008
EXH 2 Drafr Sign Code Revisions (PTMC Chapter ] 7.76 Suns), May ] 5, 2008
EXII 3 R. Sepler and S. Wassmer, Memorandum: Measurement of Light Intensity and Brightness,
May 74, 2008
EXH 4 Garage Sale Signs: matrix comparison of several communities, May 75, 2008
EXH 5 DraII Cornmercia] Design Standards, May , 2003
I. CALL TO ORDER
Chair Steve Emery called the meeting to order at 7:00 PM.
ll. ROLL CALL,
A quorum of Planning Commission members was present. Steve Emery, Jerry Fry, Bill
LeMasicr. Kristen Nelson, Julian Ray
Excused: Monica Mickhager, George Unterseher
III. ACCEPTANCE OP AGENDA
The agenda was approved, as written, all in favor.
N. APPROVAL OF MINUTES
Minutes of Apri! 10, 2008: Julian Ray moved to upproi~e, as written, and Jerry Frv seconded.
The minutes gfApr'il 10, 2008 were approved cu nrrflen, all in ~dvor.
Minutes of April 24, 2008 -Corrections: Page 5, section 1, "...no more than 72 hours prior to or
after.. _' ; "hvo Commissioners were in favor ° (not failect7; Page 9, "Mr. Sepler (not Mr. Emery)
said he would..." Bi11 LeMaster moved to approve she minutes, as amended, and Kristen Nelson
seconded The minutes ofApril24, 2008 were approved, as amended, all in favor.
V. GENERAL PUBLIC COMMENT -None
Planning Commission Meeting Page 1 of7 May ZZ, 7008
VI. UNFINISHED BUSINESS
Continued Public Hearing -Proposed Revisions to Chapter 17.76 PTMC -Sign
Regulations
(Rick Sepler, Planning Director and Suzanne Wassmer, Land Use Development Specialist)
Mr. Sepler referred to Iluee documents: EXFI 2, the revised draft of the Sign Code dated May IS
that incorporates changes requested a[ the previous meeting; EXH. 3, a memorandwn describing
"measuring illumination' issues; and EXH 4, matrix comparing garage sale signage in various
communities.
Regarding EXH 2. the gray highlight indicates text changed since originally discussed.
On page 3, he noted the additions under sections A and C_ He pointed out, on page 4, the
requirement that all exterior lighting must be shielded. He reviewed all the other new additions,
deletions and clariftcations in the revised document.
On page 20-21, Mr. Ery asked for clarification on st:x feet verus si_r-root tall monument signs.
Ms. Wassmersaid six feet was specified in the original code. He also questioned the language
"monument signage as a Changeable Insert _.". Mr. Sepler said this should be "monument
signage such as Changeable Insert _..". Under E 2, Mr. Sepler confirmed the text was written as
intended.
Regarding section ] 7.76.100, he noted the addition ofitem S restricting fluorescent colors. Mr.
Ray questioned whether the language was too broad. Mr. Sepler said that the term of art might
be "high value, high chromal fluorescent colors', but that the text as presented would be
workable.
Regarding project signs; Mr. Sepler said that staff had prepared language that would clarify what
uses would qualify for this category and what length of time the signs could be left at the site. He
said that this is comparable to what would be allowed in otherjurisdictions. Mr. Ray said the
section covered his concerns, but he asked about the threshold of six residential units. Mr. Sepler
cited the 10,000 square foot that triggers building code changes and the SEPA review
requirements. Mr. Ray suggested deletion of the six wait stipulation, leaving all other
specifications, to give more flexibility to the developer. Mr. Sepler mentioned the possibility of
allowing signs in a mixed use zoning district_ He said staff would consider the suggestions.
Under 17.76200, he discussed the sun-setting issue raised by Commissioner Nelson at the prior
meeting. He pointed out the proposed provision that would allow six years for legal sandwich
board signs to be removed/retired (or to be voluntarily replaced by kiosk signs at an earlier date).
Mr. Sepler pointed out the information that had been found on garage sale signs in other
communities, EXH 4.
In addition, he discussed the effort to tlnd a repeatable mechanism to assess brightness. He said
that basically there are two ways. One is for a trained professional to measure the intensity of
light at night. The other is to iuspect the lumens shown on the bulbs. The three approaches by
other jurisdictions are: to advise that there must be no adverse affect and that there must
downward shielding; to use the lumen measurement method; to measure watts and candle power.
He noted that the Indiana Council on Outdoor Light Education has become the basis for many
P/arming Commission Meeting Page 2 of7 May ZZ, 2008
codes in existence. He said that having reviewed tlvs material, he would advise that the emphasis
should be on downward facing and shielded fixtures.
Mr. Fry said he would like to discuss the memo on illumination. He suggested that the best
approach would be to simply prohibit the adverse affect. Even though the measurement
techniques are presently not ideal, he feels that the light measurement technology is changing
rapidly and he expects less labor intensive solutions shortly. He suggested trying the simplest
approach. Ms. Wassmer said she could not recall any problems with sign illumination during the
past several years. Mr. Emery said he had tried, without success, to find a simple formula online.
He said he would not support using wattage as an indicator, but was agreeable to having just a
reasonable assessment.
Mr. Ray also voiced his agreement with the simple approach. Mr. Pry noted the progress [hat has
been made in measuring noise and the availability of inexpensive equipment to do so. He
expects light measurement to follow that same course.
Mr. LeMaster requested clarification that the topic under consideration was luminosity associated
with signs, not with design standards for lighting in residential and other communities. Mr.
Sepler confirmed that was the case.
Mr. LeMaster eonnnented that the garage sale sign provisions seemed too restrictive. He
mentioned that such sales can be rained out and may need to be postponed. He noted that one
could technically be non-compliant if a garage sale was postponed and signs had to be kept up
longer or reported.
Mr. LeMaster questioned why the sandwich board signs had to be taken in nightly. Ms. Nelson
also questioned the origin of that provision. There was some discussion about the intention. Mr.
LeMaster said that if included, it may need to have some additional specificity with regard to
hours of operation and closure times of businesses
Mr. Pry asked if the regulations related to Advertising Vehicles apply to rental RVs. Mr. Emery
also mentioned U-Hauls. Mr. Sepler clarified that the intent was to prohibit a business from
regularly parking a vehicle with advertising/signage in front or near its location for the pwpose of
adding additional sign space. Several examples were discussed.
Ms. Nelson referred to page 30, line 9 and asked why this genera] provision was included. She
asked why the statement was needed_ Mr. Sepler said that this would be the starting point for any
enforcement action. There is a legal requirement that there be a statement in the code to the
effect that compliance with the code is necessary. Ms. b[%assmer noted that that section was
already part of the code, and not a change.
Ms. Nelson asked what the final decision had been regarding the height restrictions on canopy
signs and lettering. Mr. Sepler said that where changes in the code that caused certain signs to
become pre-existing legal non-conforming, those signs can remain. Other pre-existing, illegal
signs may need to submit to a design review process.
Mr. LeMaster asked for clarification on what had been decided on banters and flags. Ms. Nelson
and Mr. Sepler noted that the term batmer had been stricken from the definition of streamers.
Planning Commission Deliberations
Planning Commission Meeting Page 3 of 7 May 22, 2008
Chair Emery noted an error in the existing code on page 23, section 1: there is a truncated
sentence. This should read: "...signs attached to franchised vehicles, buses or taxis."
Ms. Nelson again referred to page 8, line 7. She was concerned about the purpose and the need
for a paragraph such as this to cover anything that was not specifically mentioned otherwise.
After a brief discussion, it was agreed that the paragraph should remain unchanged.
Mr. Sepler offered rewritten text for E 3, page 20, lines l3 through 15: " ... 4. .9 Changeable
Insert sign that advertises seafood sold within the Port of Port Townsend Boat Haven is allowed,
provided that a nzanagerrtent and maintenance plan prepared by the Port ofYort 1'ownsencl is
approved by City Council.. ° Commissioners mere in agreement with this change.
Mr. LeMaster cited the example of a property on San Juan Avenue where the designation "Red
Dragon` hangs above a driveway onto the property. He asked if that lettered wooden structure
would be considered a sign, and if so what code would apply to it. Mr. Sepler discussed mural
signs and works of art. After a brief discussion about the known history and the possible
interpretation that could be applied. it was agreed that it is not considered a sign if it does not
include a business name.
Ms. Nelson suggested that line 3 on page 1 a be eliminated: i.e. "Sandwich board signs must be
taken in each night." There was consensus among the Commissioners on that point.
Mr. Nelson suggested that the time restriction on Garage Sale Signs be eliminated. Chair Emery
determined that there was not irmnediate consensus, and asked for a motion for discussion
purposes. Mr. LeMaster moved that the frequencv ofgarage sale signage be non-specifrerl rather
than specified as allowed only once in ]2 month period. Mr-. Emery seconded Mr. Ray asked if
Mr. LeMaster would accept a friendly amendment allox~ing two or three sales per year: Mr.
LeMaster accepted three per-year. The motion to allo~a~ up to three garage sales/signs per year
was approved, all in favor.
Ms. Nelson objected to the statement under 17.76.1 ~0 that reads: "11ie absence of such affixed
label shall be evidence at first view that the sign has been installed in violation of this chapter.'
Mr. Sepler agreed that the intention was to acknowledge the options of an affixed lobe] or a label
displayed in another location approved by the City. Ms. Wassmer suggested that the entire
sentence could be deleted without loss of meaning or operational efficacy, Commissioners agreed
and the sentence was eliminated_
Ms. Nelson brought up the topic of'sun-setting fbr (sandwich board) signs. She asked For
clarification as to why staff had advised aeainst sun-setting provisions for signs at previous
meetings and were now in favor. Mr. Sepler explained that the actual number of all signs that
would become non-compliant as a result of the proposed code changes had been unknown and
could possibly have numbered in the hundreds. He said that since then he had consulted the City
Attorney and determined that, if narrowly structured and applied to only to sandwich boards, sun-
settingwould be defensible. After some discussion, the actual number of signs affected was
estimated at about 4~ signs. Chair Emery requested a motion, for the purposes of discussion.
Kristen Nelson said that she was not proposing a change, but wished to understand the shifr in
position from the previous meeting to the current meeting.
After additional discussion, Mr. LeMaster said that it was his understanding that, currently,
sandwich board signs are not allowed outside the historical district, are non-conforming, and
should be removed. He said he wished to understand what is being changed from the existing
code. Mr. Sepler said that the ad hoc Sign Committee had recommended elimination of all
P/arming Commission Meeting Page 9 of 7 May 22, 1008
sandwich board signs. The Planning Commission had recommended their preference to allow
sandwich boards for businesses on side streets, and above and below street level on Water Street.
fhe illegal signs in the historic district should be removed. The legal signs should be subject to
the sun-setting (6-year) provision. There may be only one sandwich board per entrance, and only
for non-street ]eve] businesses- He reviewed, as an example, the Public IIouse, which has a legal
sandwich board sign, a wall sign, window and door sigms. If adopted as proposed, within six
years they would need to retire their sandwich board silm. The intent as proposed is not to
provide an additional means of advertising; it is to provide the side street and non street level
business with some means of advertising on Water Street.
Mr. Fry said he realized that some compromise is necessary, but believed six years was too long,
considering [he cost of the signs. Others pointed out that the six year period was already in the
code. They noted that the approximate cost was about $500 per sign.
Mr. Ray noted that this compromise may not be perfect but, along with the kiosk program, would
perhaps serve to move things in the right direction. Mr. LeMaster asked if Swain's shopping
complex was included in the Historic District; Mr. Sepler confirmed that it is (to the Ferry Dock).
1'wo reasons given for retaining the six year time frame was to improve the chances for the
ordinance to pass through City Council and to allow time for the Kiosk program to develop. Mr.
Fry said he would accept the six year time allowance.
Ms. Nelson questioned the wording of the paragraph 17.76200 r1 1. and the designation `non-
conforming six years after .....". Mr. Sepler verified the difference between "legal non-
conforming" and "non-conforming'; there were no additional wording changes.
Since there were no further comments or questions, Mr. Rqv moned do ~~ecommend approval of
zhe draft revisions ao the Sign Code as amended by the Planning Commission during this
meeting, and to f rrdier direct staff to prepare Findings !o be signed by the Planning Commission
Chair. The motion rr-as' seconded by Mr. Fr-y and approi~ed by a vote of 4/0/0 (4 in favor, 0
opposed, 0 abstaining. Mr-. Led~7aster explained that he had recused himself because of hrs
interest as a dowmown business owner and holder of a sandn~ich board sign permit.
There was a brief discussion about both the disclosure and recuse] processes and requirements.
Mr. Sepler said any Commissioner may recuse himse]fihersclf, and is not required to give a
reason. Ms. Nelson noted that although she is also a downtown business owner, she had not seen
the need to recuse herself since she did not stand to gain from the Sign Code revisions.
Chair Emery closed the Sign Code hearing at 8:19 PM_ Suzanne Wassmer left the meeting at this
time.
VII. NEW' BUSINESS
Discussion: Uptown Commercial Design Standards /Uptown Parking Standards
(Rick Sepler, Planning Director)
Mr. Sepler distributed copies of a draft ordinance, EXI 15. Mr. Sepler reviewed the work of the
Uptown Commercial Design Standards Committee and the Uptown Parking Standards
Committee. He said they had framed a recommendation that had gone forward to the City
Council and was presented in a joint workshop. Council had directed staff to proceed with
Planning Commission process. 'this would normally be the next matter for the Planning
Commission to address. However, since Council has adopted hrterim controls To deal with house
size and form, that will becrome the next work project. However, he said there is an element of
the Uptown project that can be resolved in short order. One result of the Uptown Parking study
was the conclusion that the elimination of off-street parking for residential uses in the C-III zones
P/arming Commission Meeting Page 5 of 7 May 22, 2008
had not had a net benefit. That is, it allowed buildings to increase in size without any net
decrease in cost and affordability. The original purpose was to promote greater density and more
affordability. Mr. Emery added that the intentions had included inlill, and there had been more
emphasis and anticipation on the downtown relaxation of parking; less attention had been paid to
the uptown area. Mr. Sepler said the results uptown had been an unintended consequence. City
Council then adopted an Interim control requiring one off street parking space for each
residential unit in the C-III zone. After holding a Charette, the Parking Committee determined
that there was a need for work on parking demand and management, which required a peak
season inventory. He said that work would resume within a few weeks. Meanwhile, it would be
possible to advance the Interim Control by making the off-street parking requirement permanent.
He said that EXH 5 is the draft ordinance that would make the Interim standard a permanent
standard, which is the recommendation of the parking committee. Section 1 clarifies review
language that applies to C-111 zone portions of the uptown National Historic Landmark Historic
District. He said if the Planning Commission agrees, this particular Interim Control can he made
permanent before moving to the bulk and scale issues, which will require extended consideration.
Bill LeMaster inquired if the meaning was '`one space per residential unit" only and Mr. Sepler
confirmed that was the case. Mr. Fry asked for a description of the C-III areas. Mr. Sepler said
that was the Lawrence Street frontage, where the 50 foot height limit applies. Ms. Nelson asked
about the parking requirements for the other residential zones. He said that Cor R-I and R-17, two
off street spaces are required, driveway or garage. F'or R-III, ] .5 ofl=street spaces are required for
each unit; some discounts and minor credits can be applied for mixed use for on street spaces.
He said the challenge is that people are not actually reducing the number of cars, as anticipated.
Mr. Fry asked about the Fillmore Garage zoning. It was confirmed via the zoning map that the
Filhnore Garage is R-III; the property next to it is C-Ill.
Mr. Sepler noted that one off-street parking space is actually less than the fom~er requirement.
Mr. Emery noted that the HAPN group wishes to see encouragement for the use of upper story
Iloors as affordable housing. Mr. Sepler said that unless building is purposefully done as
affordable housing, it will not be affordable. Mr. Emery said it was his wrderstanding via the
affordable housing Taskforce that Congress may expand the HUD budget but not for new
construction; it will be applied to saving existing HUD housing and encouraging revitalization
projects. That is, obtaining funding for refurbishing an existing building will be considerably
easier than for building new_
Mr. Sepler suggested that, if the Planning Commissioners were in agreement with the direction,
he would schedule a public hearing for June 12. Chair Emery noted that there was consensus on
this point. Mr. Sepler noted that he would not be present on June 12; the hearing would be
handled by Judy Surber. He said they would also schedule presenters to speak about issues
associated with historic structures and what prompted some of the htterim Controls.
Commissioner Nelson brought up the topic of the third Town Meeting. The plans for the June 5
Town Meeting were briefly discussed. Packets will be sent out in advance. Planning
Commissioners and other facilitators will meet briefly beforehand at 5:30 PM. Mr. LeMaster
raised the question of whether the conversation at the Town Meeting may include building codes
which now restrict alternative styles of building for safe and habitable homes. Mr. Sepler said
there would likely be support for truly creative alternatives that make housing more affordable,
but not for using affordability as an excuse for circumventing standards. He acknowledged the
challenge of meeting health safety and aesthetic needs, as well as making housing affordable.
Mr. Emery mentioned that HUll web site has a link to design standards for multi-family
affordable housing complexes. Mr. LeMaster mentioned a town in northern California that had
recently changed their zoning code regarding the types of structures that may be built. Mr.
Emery noted that the many of the HUD recommendations were also Green practices.
Planning Commission Meeting Page 6 of 7 May 22, 2008
V1I1. UPCOMING MEETINGS
June 12: Public Hearing-Proposed Uptown Commercial Parking Standards. (This meeting was
subsequently postponed until June 26.)
June 26: Workshop -Uptown Corrnnercial Design Standards and Ileight, Bulk and Scale Issues.
(This meeting was subsequently rescheduled until a date in July to be determined.)
IX. COMMUNICATIONS (None)
X. ADJOURNMENT
Mr. Ray moved that Lhe meeting be adjourned,' the rnot(on was seconded by Mr. LeMasder. Chair
Emery adjourned the meeting a1 8: 38 YM.
i`1~2
Gail Bernhard, Recorder
Planning Commission Meeting Page 7 of 7 May 2Z, 2008