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HomeMy WebLinkAbout3041 Interim Upper Sims Way SignageOrdinance 3041 Page 1 of3 Ordinance No. 3041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, ADOPTING ON AN INTERIM BASIS A PROGRAM FOR UPPER SIMS WAY SIGNAGE; 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 adopt a program that would allow business signs in the upper Sims Way right of way subject to program limitations and standards. The program, which results from a consultant study, addresses in a coordinated manner businesses whose signage has been impacted by project improvements. B. During the construction of improvements to Upper Sims Way (SR 20) several business owners expressed concerns regarding the proposed relocation of private signs currently located within the public Sims Way (SR20) right-of--way (ROW). These owners felt that the relocation of their signs coupled with the new landscaping that has been installed would adversely impact the visibility of their businesses to potential customers. C. In response to these concerns, the City engaged a consultant with demonstrated expertise in signage -Kelly Brandon of Kelly Brandon Design. Mr. Brandon was chazged with independently assessing (using national standards) which, if any, of the businesses located within the Upper Sims Way project azea would be adversely impacted by the proposed relocation of their signage. Should a potential impact be identified, Mr. Brandon was further directed to propose an appropriate strategy to mitigate the impacts. Staff also noted that if Mr. Brandon believed that revisions or modifications were required to the existing sign code, then he should address potential impacts for the City's consideration. D. Initially, Mr. Brandon performed a detailed site visit to review existing signage within the right-of--way (ROW) fronting Sims Way businesses located within the project azea. Mr. Brandon then used national signage standazds for legibility to prepare objective criteria with which to evaluate the effect of the proposed relocation of these signs. A series of nine individual meetings were then held with affected business owners. After meeting with the business owners and applying the identified criteria, Mr. Brandon preliminarily identified six businesses that would be impacted by the relocation of their signage. A coordinated signage approach was then prepared to address the impacts to these identified businesses; Additionally, a process was proposed that would. allow for the. fair assessment of future impacts on other business signage when landscaping matures. E. In-order to ensure consistency and enhance the streetscape in the Upper Sims Way project area, Mr. Brandon recommended that the City provide a standardized sign frame for each Ordinance 3041 Page 2 of 3 location within the ROW, as well as determine their placement. The participating businesses would provide individual faces to be inserted in the sign frames. These faces would be prepared to a common City-established standard and would count toward the total amount of signage allowed by the current code for the business. As proposed, the City would pay for the frame (approximately $2,000 per frame) and the business would provide the faces (approximately $500 total cost for faces for both sides of the sign). The City would retain ownership of the sign frame. The right to use the sign would run with the business not the building. Future businesses located in existing or redeveloped/new buildings would be subsequently assessed to see if they met the criteria established for this program and could be eligible for participation. F. Mr. Brandon has meet with the owners of the six businesses that were identified as being eligible for participation in this program. Five of the six owners have expressed interest and support for the concept. It is important to note that as proposed, the signage program is not mitigation for construction impacts, but a scheme to fairly address in coordinated manner the identification of business whose signage has been impacted. G. The proposed Upper Sims Way Coordinated Signage Plan establishes the following: 1. Criteria with which to evaluate when businesses warrant signage in the ROW. 2. A coordinated design for signage to be used in the ROW. H. The Upper Sims Way project is nearing completion. Without interim regulations addressing signs, there will be delay in project close out, with additional cost to the City, thereby justifying the immediate adoption of the interim regulations. Moreover, it is in the City's interest to ensure that impacts due to signage legibility are minimized for the six identified businesses. As such, staff recommends that the Upper Sims Way Coordinated Signage Plan and its implementing regulations be adopted on an emergency, interim basis. Full discussion on the proposed revisions can be facilitated through their inclusion in the forthcoming sign code hearing tentatively scheduled for August 9s', 2010. I. The City Council will review the issue of sign regulations on upper Sims Way as part of an ongoing review and update to sign regulations. The City needs additional time to consider properly and cazefully sign regulations for upper 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 aze considered and prepazed. NOW THE$EFORE, 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 Exhibit A (incorporated by reference) Ordinance 3091 Page 3 of 3 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 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 hemming, the City Council shall adopt fmdings 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. Publicatiou. 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 welfaze. 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 19"' day of July 2010. Attest: Pamela Kolacy, MMC, City Clerl i (`~'1.~.~c' . Michelle Sandoval, Mayor Approved as to Form: John P. Watts, City Attorney Exhibit A Interim Srgn Regulation -Upper Sims R'ay Page 1 of 3 F~chibit A '117.76.100 Special category signs. The following regulations shall apply to the special categories of signs set forth ;below, in addition to all the other requirements of this chapter which may be japplicable: ,j A. Parking Lot Identification Signs. Parking lot identification signs may be erected without a sign permit if restricted to posting regulations regarding the use lof the lot and to identifying a parking lot with its owner, operator, or name of the ':business providing the lot. No advertising other than the name of the business 'may be included. The total sign area for parking lot identification signs shall not 'exceed sign square feet for each 1,000 square feet of parking lot area and each ;sign face shall not exceed six square feet; provided, that each lot shall be ;allowed at least one parking lot identfcation sign; and provided further, that (these restrictions may be exceeded to the extent required by any applicable laws !of the state. Parking lot identification signs shall not exceed a sign height of six ,feet. B. Community Announcement Signs. Community announcement signs are ;signs erected or authorized by the city on or over public right-of-way. Such signs (shall be limited to 75 square feet per sign face; provided, however, that the ,'ground clearance, vision clearance and methods of construction in suspension Flare approved by the director. Erection of signs over public rights-of-way shall be jby or under the supervision of the city, and all costs incurred by the city relating ithereto shall be reimbursed to the city by the permittee. Community announcement signs require a sign permit, are permitted in any zoning district, land are limited to a 42-day display. Signs announcing an upcoming event shall be removed within 48 hours after the event. C. Service Club Signs. Service club signs are signs which display the !recognized shield, logo or symbol of an international service club which has an ',established chapter in Port Townsend, has regularly scheduled meetings, but does not own or lease premises within the city. Each such sign may not exceed ;five square feet. Service club signs require a sign permit and may be displayed ''only at a single location which has been approved by the director. D. Garage or Rummage Sale Signs. Garage or rummage sale signs are itemporary signs not to exceed three square feet per sign face which provide :.direction to a household sale. Up to three such signs may be placed without a ;sign permit on the property on which the sale is held and/or in nearby public ',rights-of-way. Signs placed in public rights-of--way must be self-supported by a (stake or similar device and may not be attached to utility poles or traffic signs. ;Care must be taken to assure that the placement of such signs will not create a hazard to the public by obstructing the view or passage of pedestrians, cyclists or' ,motorists. Garage or rummage sate signs may not be displayed for longer than (three days and must be removed within 24 hours after the sale. Garage or !rummage sale signs may not be displayed more than once during any 12-month ',period for direction to a sale on the same premises. Exhibit A Interim Sign Regulation -Upper Sims Way Page 2 of 3 E. Special Purpose Sign. A special purpose sign is a temporary sign to be displayed less than 60 consecutive days for a purpose not anticipated by this chapter, but not in conflict with it, or in a unique situation as determined by the director. The total area of all special purpose signs intended to be displayed on any one premises shall be determined by the director; provided, however, that the total area shall not exceed 32 square feet. All special purpose signs shall require a sign permit. (Ord. 2571 ยง 2, 1997). New Section: Exhibit A Interim Sign Regulation -Upper Sims Way Page 3 of 3