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HomeMy WebLinkAbout3064 Interim Sign Code Pilot Sign Project Sims Way Ordinance 3064 Page I of 3 Ordinance No. 3064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, AMENDING ON AN INTERIM BASIS PTMC 17.76.113 PILOT PROJECT — SIMS WAY (SR20) LOCAL INFORMATION SIGNS TO PROVIDE FOR TWO LOCAL INFORMATION SIGNS ON SIMS WAY TO ENHANCE ECONOMIC VITALITY FOR BUSINESSES LOCATED OFF SIMS WAY; SUCH INTERIM REGULATIONS TO BE EFFECTIVE IMMEDIATELY, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD UNTIL THE COUNCIL PUBLIC HEARING ON THE CONTINUED MAINTENANCE OF THE INTERIM REGULATIONS, AND DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF INTERIM REGULATIONS RECITALS: A. The City Council determines it appropriate to amend PTMC 17.76.113 to allow certain business signs in the upper Sims Way right of way as set forth in this Ordinance. B. Certain businesses in the upper Sims Way area are at a disadvantage by not being visible to the public traveling Sims Way. This is similar to the disadvantage of businesses not located on Water or Lawrence Streets. In that case, the Sign Code PTMC 17.76.080 allows sandwich board signs on Water and Lawrence Streets for those businesses on other streets or below, above or behind street-level businesses. C. The Local Information Sign (LIS)pilot program between Haines and Kearney(PTMC 17.76.113) aims to provide a compact yet professional way for multiple businesses to advertise on one sign, similar to the signs placed along highways to alert the public about food and lodging opportunities at the next exit. Amending this section to allow a similar Pilot Project in two locations in the Upper Sims area would allow multiple businesses to advertise on one sign (see Attachment 1). Each sign would allow advertising opportunities for four businesses (see Attachment 2). D. A sign facing west to catch visitors coming into town is proposed for Sherman and Sims Way. A sign placed on the south side of Sims Way prior to the comer of Sherman and Sims would not only allow the Creamery retail store to advertise, but other businesses such as Don's Automotive, The Drawing Board, and Port Townsend Art and Frame. A sign at the southwest or northeast corner of the Howard and Sims roundabout would allow not only The Car Wash to advertise, but also the Port Townsend Business Park and future Howard Street corridor businesses. E. Like the Haines to Kearney LIS program, placement on a particular sign would be on a first-come, first-serve basis. The process would be the same as the LIS program now: each business would complete an application, submit a mock-up drawing from a professional sign maker for pre-approval, and sign an agreement. After approval, the City would provide an 18"high by 47" wide aluminum panel for the sign maker to prepare the sign to specific guidelines. City staff would install the monument signs and affix each business panel onto the background panel. Sign permit fees would be waived for Ordinance 3064 Page 2(?f 3 businesses that sign up prior to January 2, 2012; however, all businesses would pay a nominal annual fee based on the cost to the City to maintain, install and in some cases remove (should a business leave the area) the LIS and business signage. At this time, staff estimates the annual charge to be $25.00 per business. After the Pilot Project has been in place for two years, the City can decide if the program is successful enough to continue it. F. These two locations are based on pre-existing development patterns found at Shennan and Sims and future uses on Howard Street. Sign Consultant Kelly Brandon stated in an August 11, 2011 meeting with staff that these signs would be an outgrowth of wayfinding in helping the public locate businesses. G. Initial draft standards would be as follows: L The business must be located within 250 feet of Sims Way. However, after Howard Street is constructed, this stipulation would need to be amended to include future businesses further away on Howard Street; 2. The business must be a retail-oriented business; 3. Businesses in a multiple-business complex such as the Port Townsend Business Park shall not be allowed individually. However, a complex may be included, such as a sign for"Port Townsend Business Park." H. Should these signs succeed after an initial period, Council would consider amendments to PTMC 17.76.113 Pilot Project— Sims Way(SR20) Local Information Signs to expand the area between Kearney and Haines Place to include the area between Kearney and west of Howard Street concurrent with anticipated Wayfinding program revisions. 1. The City needs additional time to consider properly and carefully sign regulations for Sims Way. J. RCW 35A.63.220 relating to Code cities like Port Townsend and 36.70A.390, a section of the Growth Management Act (Ch. 36.70), authorizes the City to adopt interim regulations while new plans or regulations are considered and prepared. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ORDAINS AS FOLLOWS: Section 1. Enactment. For the reasons set forth in the Recitals (above), which are hereby approved, there is hereby enacted on an interim basis the following (underline is new, strike is deleted): See attached Attachment 1 and 2 (incorporated by reference) Section 2. Duration of Interim Regulation. The interim regulations imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the interim regulations and adopts findings and conclusions in support of the interim regulations (as contemplated by this Ordinance), the interim regulations shall not Ordinance 3064 Page 3 of 3 terminate until six (6) months after the date of adoption, or at the time all of the tasks described herein have been accomplished, whichever is sooner. The Council shall make the decision to terminate the interim regulations by ordinance, and termination shall not otherwise be presumed to have occurred. Section 3. Public Hearing on Interim Regulations. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on these interim regulations within sixty(60) days of its adoption. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of these interim regulations and either justify its continued imposition or cancel the interim regulations. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 6. Effective Date. This Ordinance shall take effect immediately after passage if adopted by a majority plus one of the City Council, and this ordinance shall thereby be designated as a public emergency ordinance necessary for the protection of the public health, safety, property and welfare. Otherwise this ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Publication of this ordinance shall be by summary thereof consisting of the title. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 12th day of September 2011. 4 J alt Michelle Sandoval, Mayor Attest: Approved as to Form: L:�� Pamela Kolaey, MMC, City Clei�k John P. Watts, City Attorney Attachment 1 to Ordinance 3064 Page 1 of 3 Draft Interim Changes to PTMC 17.76.113 (Sept. 8, 2011) 17.76.113 Pilot project—Sims Way (SR20) local information signs. This pilot program evaluates the effectiveness of establishing a uniform off-premises signage program along Sims Way(SR20)for food and lodging businesses located within portions of commercially zoned land off Sims Way(SR20) between the Kearney Street and Haines Place intersections (referred to as the"lower Sims Way defined area or study area"), and along Sims Way for retail businesses located in the vicinity of Sherman and Sims and Howard and Sims (referred to as "the upper Sims Way defined area"). The pilot program will allow food and lodging businesses located within the lower Sims Way study area and retail-oriented businesses located within the upper Sims Way defined area)to advertise on city-approved and installed off-premises signage within a section of lower Sims Way and upper Sims Way(SR20) as set forth in this section. The off-premises signs will be strategically placed along the road at an intersection or parallel street to alert travelers about the nearby food and lodging services available off lower Sims Way defined area and retail services off the upper Sims Way defined areas. For lower Sims Way, Llocal information signs (LIS)will be blue panels with directional arrows and individual business logos and/or names. A maximum of fourthree business logo signs may be installed on each back panel of the two-sided LIS. For upper Sims Way, local information signs (LIS)will be similar to the sign depicted in Attachment 2—Local Information Sign Plan. A maximum of four business logo signs may be installed on each sign. A. Applicability. A business located off of Sims Way(SR20) on a side street or parallel street within the lower Sims Way study area between Kearney and Haines Place or the upper Sims Way defined area may apply for standardized signage on a city-installed and -maintained back panel; provided, that all of the following are met: 1. For lower Sims Way, Tthe business is located within the designated program area as indicated on the Sims Way(SR20) local information sign project area map as adopted by city council. For upper Sims Way, the business is located within 250' of either the intersection of Sims and Howard or Sherman and Howard. 7 For ironer SiD \AL+ i Tjh business was legally established prior to july 19 2nd 3. Only one sign shall be permitted per parcel, lot or site. 4. For lower Sims Way only, Tthe business was identified as being eligible for participation in the program in the Sims Way(SR20) local information sign assessment and plan that was adopted by council, or circumstances have changed that would now allow the Attachment 1 to Ordinance 3064 Page 2 of 3 business to meet the evaluation criteria as identified in the Sims Way(SR20) local information sign assessment and plan. B. Criteria. To participate in the coordinated signage program, a business must meet all of the following criteria: 1. The parcel, lot or site on which the subject business is located does not abut Sims Way (SR20). For upper Sims Way, the business is located within 250' of either the intersection of Sims and Howard or Sherman and Howard. 2. For lower Sims Way only, Tthe main source of income for the business must be from food and/or lodging services. For Upper Sims the main source of income must be from retail-oriented services. 3. The subject business must have adequate unused sign area available to accommodate the additional sign area that would be provided by the new signage established through this program. 4. The program has a first-come, first-served policy. For lower Sims Way only, cif an existing back panel is full, a qualified business wishing to join the program will be put on a waiting list. When a business leaves the program, the first business on the waiting list will be given the chance to join. 5. A seasonal business may participate, but must pay a fee for the sign to be covered or removed during the time the business is not in operation. C. Standards. Signage shall be subject to the following standards: 1. The location of signage permitted by this program within the Sims Way(SR20) right-of- way shall be determined by the city. 2. Participation in this program does not establish any opportunity for the participating business to maintain signage within the right-of-way except as provided by the program. 3. The city reserves the right to modify or terminate the program. The city reserves the right to relocate and/or remove any and all signage established through this section should its relocation and/or removal be warranted to accommodate an identified public need. Sign removal and/or relocation shall not be compensable to the business. 4. Signage established consistent with this program shall be associated with a specific business and not a building. Businesses in a multiple-business complex such as Port Townsend Business Park shall not be allowed to participate individually. Should a business that is participating in the program close or relocate, the signage provided through Attachment 1 to Ordinance 3064 Page 3 of 3 the program shall be removed. Subsequent businesses that occupy the same space may reapply for participation in the program if they meet the criteria contained in subsection A of this section. D. Application. A business that meets the criteria identified in subsection A of this section may apply for inclusion in the program by submitting the following materials: 1. A completed application on a form as prepared by the development services department. 2. A scaled drawing of the proposed logo sign prepared by a licensed sign maker consistent with the size and materials standards contained in the Sims Way(SR20) local information sign assessment and plan. 3. A signed letter of agreement between the business and the city prepared in a standardized format as approved by the city attorney. 4. The annual fee will be based on the actual cost to the city for constructing the local information signs. All businesses will be required to provide two business logos, one for each direction of travel, if there is space on the back panel to do so. The business is responsible to pay the sign maker for the cost of the finished logo sign. E. Review Process. The subject application shall be subject to a Type I review and appeal process. (Ord. 3012 § 1 (Exh. A), 2010).