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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 04/12/1999 CITY OF �L J� Jim White, Mayor Planning Department (253) 856-5454/FAX(253) 856-6454 James P Harris, Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing April 12, 1999 The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron 1 Kent I Ha Harmon at 7 00 m on Monday, April 12, 999 m Council Chambers of nt City 11. P Y p Y LAND USE & PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT James P Hams, Planning Director Ron Harmon, Chair Diana Nelson, Planner Terry Zimmerman, Vice Chair Laurie Evezich, Assistant City Attorney Brad Bell Pamela Mottram, Administrative Secretary Steve Dowell Jon Johnson David Malik Sharon Woodford APPROVAL OF MINUTES Brad Bell MOVED and Steve Dowell SECONDED to approve the minutes of March 22, 1999. Motion carved. ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS Planning Director James Harris announced that a hearing would not be held on Monday, April 25, 1999. He stated that the next meeting would be a Land Use and Planning Board workshop on May 10. ZCA-99-2 BILLBOARD REGULATIONS AMENDMENT Planner Diana Nelson stated that this Issue pertains to off-premise signs zoning code amendment. She indicated the following typing corrections and language changes in her staff report. 1. In the second paragraph under`BACKGROUND"the City of Kent Zoning Code Section was typed as "Section 4-2 06 040(R)" and should have read"Section 15 06 040(R)." This same error occurred in the first line under"NEED FOR POSSIBLE AMENDMENTS." 220 4th AVE SO, I KENT,WASHINGTON 98032-5895 1 TELEPHONE (253)856-5200 . Land Use and Planning Board Minutes April 12, 1999 Page 2 2. On the first page of the text amendment, the last sentence under"R. Off-Premise signs. (1)" should be underlined as an additional new sentence to be added to the current code 3. Item number six on the second page of the text amendment should read "Off-premise signs located on vacant land that is being developed shall be removed the-e€f-pfeffifse stgf3 upon expiration of the lease(s) " 4. Item number eight has an additional phrase added after the word"Ordinance"that says"or which were in existence prior to June 20, 1973 .." Diana Nelson stated that in June 1973 the Kent City Council approved Ordinance 1827 adopting a new zoning code that included a subsection on off-premise signs She stated that this section has remained virtually unchanged for 26 years. Ms. Nelson said that the Kent Zoning Code categorizes off-premise signs as signs not located on the same premises as the business, product, and activity or service identified or advertised by such sign. Ms Nelson stated that the current Kent Zoning Code allows off-premise signs in the M-1, M-2 and M-3 zoning districts only. She stated that the Planning department staff created a photographic inventory of all existing billboards within the city limits and the potential annexation area including i a map of all sites and a database with sign characteristics Ms.Nelson stated that the inventory identifies 18 billboards in commercial zones and one in a multi- family residential zone She stated that of the 45 billboards identified, 58 percent were double sided. Ms Nelson stated that billboards are designed,built and the space leased in order to attract public attention, particularly that of drivers. Ms. Nelson stated that state and federal courts have consistently ruled that billboards pose or contribute to traffic hazards She stated that an ordinance that limits or eliminates billboards viewed from roadways relates to traffic safety. Ms Nelson stated that the ongoing development of two new major traffic corridors, as well as the conditions along existing major artenals through the city, prompted discussion by city officials Ms Nelson stated that the City Council had concerns about additional billboards being placed in industrial zones along the new corridors Due to their size, height and nature they are distracting to traffic and contribute to visual clutter of the city landscape She stated that this issue was referred by the City Council to the Land Use and Planning Board and planning staff for study, review and development of an ordinance addressing these concerns Ms Nelson stated that planning staff surveyed a number of other cities in the Seattle Metro area and staff discovered that most of these cities prohibit new billboards She stated that some cities have specific deadlines for removal of all billboards amortization over a period of years,while most others have grandfathered existing billboards and given them legal nonconforming status Ms. Nelson stated that these cities allow repair but not replacement or relocation of existing billboards. She Land Use and Planning Board Minutes April 12, 1999 Page 3 stated that based on the City of Kent's inventory and the survey of other cities as well as discussion with the Land Use and Planning Board, Planning staff has developed a text amendment to Section 15.06.040, Subsection R Off-Premise Signs and Section 15.02.430. definition of Off-Premise Signs. Ms Nelson stated that the proposed sign definition would read "Off-premise sign means a sign which contains a message or directs attention to a business, profession,product, activity, or service that is unrelated to any use or activity conducted or offered on the premises or at the location where the sign is located, excluding road directional signs". Ms Nelson stated that No. 1 of the proposed text amendment indicates a no net gain policy prohibiting placement of any new off-premise signs and defines legal signs within the city limits (with the exception of signs annexed from King County) as indicated in number eight of the text amendment. Ms Nelson stated that the amendment would allow for legally existing off-premise signs to remain, be repaired and allow legally existing off-premise signs to be altered or replaced subject to certain standards She stated that the amendment would not allow for relocation of existing signs. Ms. Nelson said that these issues are covered in No. 2 and 5 of the text amendment. Ms. Nelson stated that the proposed amendment would create additional standards for off-premise signs as indicated in number three and would clarify penmtting requirements discussed in No. 2 and . No 3 j. She stated that the amendment would require amortization of moving sign faces over a period of five years. Ms. Nelson stated that this amendment would require signs on vacant land to be removed upon development of the sites as indicated in No 6 and would restrict cutting and removal of public vegetation or required landscaping to improve the visibility of the sign as indicated in No 7. Board member Brad Bell stated that according to the definition of off-premise signs that would appear to include real estate and campaign signs Ms Nelson stated that those types of signs are j specifically excluded elsewhere in the sign code and would not fall under this definition. Chair Ron Harmon questioned if it would be possible to change the five-year time frame for compliance in removing moving sign faces as indicated in No 4. Ms. Nelson indicated that the Planning Director set the five-year time frame, although consideration would be made for alternate time frames if the Board desired Ms. Nelson stated that the Board might wish to consult with Counsel as to an appropriate length of time for meeting the compliance standards She stated that a shorter period of time could be construed as restricting the businesses ability to amortize over a reasonable period of time; however, there would be no restrictions in lengthening the time frame beyond five years. Planning Director James Harris stated that the City of Kent allows 300 square feet of total advertising space per sign He stated that moving face signs use more square feet of advertising space per sign as they are multi-purpose and multi-dimensional Ron Harmon commended Planning staff for their effort in obtaining an inventory of signs within the city of Kent. Ron Harmon requested clarification that if owners did not hold valid permits for their Land Use and Planning Board Minutes April 12, 1999 Page 4 signs that they would be requested to tear them down. Mr Harris concurred with Ron Harmon with the exception that if signs existed prior to implementation of the 1973 zoning code they could remain in place. Board member Steve Dowell revealed that he had a sign that had been inventoried by Planning Staff and expressed his belief that he could make an objective decision as he is familiar with the proposed amendment He stated that he would be glad to excuse himself from the vote if anyone objected to his involvement with this issue. Assistant City Attorney, Laurie Evezich responded to an inquiry by one of the Board members regarding the limitation to local business advertising for off-premise signs She stated that limiting business advertising for off-premise signs would violate the Interstate Commerce clause of the Federal Constitution, circumvent the goal of protecting, promoting and furthering public traffic safety interests and the prevention of esthetic blight and preservation of the distinction between off and on premise signs. David Malik MOVED and Steve Dowell SECONDED to open the public hearing. Motion carried. Nicole Rolfness, 5626 Evergreen Lp SE,Auburn, WA thanked Planning staff for the opportunity to speak in front of the Board members. She stated that she represents A.K. Media Northwest (one of the leading billboard companies in the area) as their community relation's director Ms Rolfness stated that she has worked with many organizations that serve the Kent area. Ms Rolfness stated that A K. Media has contributed free advertising space to the Puget Sound Blood Center, Junior Achievement, Child Haven in Auburn,Northwest Burn Center, Toys for Tots and the Kent Downtown Partnership and supports the Fourth of July celebration,the summer concert series, Canterbury Faire and the holiday bazaar. She stated that A K Media donated over 7.5 million dollars last year in advertising space in the Northwest. Ms. Rolfness submitted Washington State contest drawing's received from second grade students at Sunny Crest Elementary School for the record as Exhibit 1 She stated that these students participated in an art contest on how to make Kent's community safer Ms. Rolfness stated that she is working with the National Highway Traffic Safety Administration and with the Washington Traffic Safety Administration on a billboard campaign She expressed her believe that the use of billboards must not pose a traffic safety hazard as they are supported by the National Highway Traffic Safety Administration. • • Land Use and Planning Board Minutes Apnl 12, 1999 Page 5 Ms. Rolfness stated that billboards provide affordable advertising for local businesses. She stated that A.K. Media advertises with the University of Washington Physicians, the Kent Clinic, Interwest Bank, Kent's Cameras,Aqua Quip and Boeings. Ms Rolfness stated that some national advertisers such as Coke and the Washington Diary Commission encourage Kent citizens to drink coke or milk leading to patronization of local businesses. Ms Rolfness stated that she would like to encourage the Board to see A K Media as a business that gives to the community in a manner that many companies can not surpass. Brad Bell asked Ms. Rolfness to express A K Media's position on planning staff s proposal. Ms. Rolfness stated her believe that the Board was not equipped to make a decision based only on a staff report and that the Board should be presented with an industry report. She stated that industries were not given opportunity for input on this proposed amendment and felt it would benefit the community to work further with staff concerning this issue Ms. Rolfness stated that A K Media would like to see the amendment tabled to allow for further discussion between industry and the city. Craig Berman,23409 NE 19th Drive, Redmond,WA stated that he is employed by MWW/Savitt a strategic communications firm in Seattle and represents A.K. Media Northwest. He reiterated some of Nicole Rolfness's concerns pertaining to code changes affecting billboard usage. Mr. • Berman stated that only two structures have been erected in the City of Kent within the last two or three years (on behalf of A.K. Media) which does not contribute to the proliferation of billboard signs in Kent. Mr. Berman stated that rather than having to work from a code, MWW/Savitt would prefer the opportunity to work with planning staff and the Planning Board to look at community concerns and AX Media's goals and objectives in order to reach an amiable solution. Mr. Berman stated that the King County Board of Health proposed strict setback requirements (about 2 years ago) for tobacco advertising around playgrounds, schools and churches. He stated that the setbacks impacted how MWW/Savrtt could carry out business as the implementation timeframe interfered with their contracts and business practices. Mr Berman stated that MWW/Savitt negotiated with the Board of Health He stated that as a result, his company voluntarily removed tobacco advertising from their billboards one and one half years before results of the national settlement went into affect Mr Berman stated that working with the Board of Health indicates their company's willingness to work with municipalities within the context of their sign codes. Mr Berman commended Planning staff on their Herculean efforts in compiling the inventory of signs in Kent He stated that if his company was allowed to bring their knowledge to the table and staff could recognize that some potential outcomes might not be reality Mr. Berman indicated that state regulations have not been accounted for in the staff report section on "Need for Possible Amendments"pertaining to the number of allowable build-out for off-premise signs. He stated that . state regulations require that a structure can be no closer than 3,000 feet to an exit ramp with 1,000 feet for spacing between each structure Land Use and Planning Board Minutes Apnl 12, 1999 Page 6 Mr. Berman stated that the paragraph in the staff report allowing four billboard spaces within every 1,000 lineal feet area in the Kent valley's industrial area does not account for nonconforming billboards. He stated that Kent's current code require that one structure have one face with four spaced within every 1,000 feet. Mr Berman suggested that their company be allowed to back up that structure with another billboard on the back of an existing structure, allowing them to put four billboards per 1,000 feet but only have two structures Mr. Berman addressed Planning staff s concerns regarding rotating shutter type billboards. He stated that the State Department of Transportation(DOT) has produced guidelines stipulating shutters shall turn no more than eight revolutions per minute which match the city of Kent's on-premise sign code pertaining to signs with shutter mechanisms Mr Berman defined a revolution as going from sign one all the way back to sign one He stated that their companies signs take 25 to 30 seconds to complete one revolution which is approximately one-third less time then what the DOT and the city of Kent's on-premise sign code indicates. Mr. Berman spoke at length on how industry looks at billboard size. He stated that there are two standardized billboard sizes a 300 square foot poster panel billboard and a 672 square foot bulletin billboard. Mr. Berman stated that the square footage signifies the actual space one advertisement • fits on. He stated that though signs rotate, the copy space does not increase beyond the 300 square foot structure except where allowed by the code for lettering. Mr Berman stated that his company would like to be given the opportunity to discuss all facets of the sign industry with the Land Use and Planning Board He suggested creating an open forum to evaluate their goals for establishing quality sign locations vs amassing large numbers of sign locations throughout the City of Kent in order to correspond with the city of Kent's goals. Board member Terry Zimmerman asked Mr. Berman if his company intended to place billboards along the light rail route into Seattle and Tacoma from Kent Mr. Berman indicated that his company is only allowed to erect signs in the city of Kent's industrial zones that are relatively restrictive in comparison to other municipalities where their signs are allowed in commercial or light commercial zones He stated that he would research Ms Zimmerman's request Diana Nelson addressed Steve Dowell's concerns about rotating on premise signs versus off-premise signs. Ms. Nelson stated that a section in the zoning code addresses general requirements for on- premise signs as follows: • prohibits blinking, flashing signs and signs rotating more than eight revolutions per minute within 75 feet of a public right-of-way. • a sign can rotate more than eight revolutions per minute beyond 75 feet of a . public right-of-way. • Land Use and Planning Board Minutes Apnl 12, 1999 Page 7 Ms. Nelson stated that more allowances are made for on-premise signs than off-premise signs. She stated that on-premise signs tend to be smaller as their size is based on allowable street frontage for the business. Mr. Berman stated to Sharon Woodford that he has communicated with the cities of Des Moines, Sea-Tac, Renton and Federal Way pnor to those cities implementation of their amortization ordinances disallowing billboard signs. Mr Berman spoke at length on no net gam for signboards. Sharon Woodford stated that planning staff s proposal is quite liberal compared to surrounding city policies. Ms. Woodford asked Mr Berman what he objected to in Kent's proposal and Mr Berman was unable to testify to what type of off-premise signs would work within Kent at this time. David Malik MOVED and Terry Zimmerman SECONDED to close the public hearing Motion carried. Planning Director James Hams stated that the City Council has new operating procedures. He stated that recommendations made by the Land Use and Planning Board are forwarded to the Public Works and Planning Committee first Mr Hams stated that after the Committee reviews the Board's decision, they would make their recommendation to the Council as a Whole. Mr. Hams stated that he is ending his 30-year career as the City of Kent's Planning Director in the year 2000. He stated that with only one other staff person, they literally wrote the zoning code adopted by the city of Kent in 1973 Mr. Hams stated that if he were part of the sign industry, he would react in the same manner as Mr Berman's company has in their attempt to delay implementation of this proposal. Mr. Hams commended Planning staff for their thorough research and stated that the proposed off- premise sign amendment is fair to the industry. Mr. Hams stated that the city allows signs to be repaired or rebuilt by owners on existing sites. He stated that he is not opposed to off-premise signs and commends advertising of a public notice nature. Mr. Hams stated that Plammng staff advocates no net gain and encouraged the Board to move on the recommendation before them He stated that the city's current sign inventory will remain the same and any signs that are not legal will be removed Mr Hams stated that staff would work with industry to ensure that older existing signs will remain in place. He stated that staff does not want to encourage opportunities for off-premise signs on new corridors or artenals. Brad Bell asked Diana Nelson if she recognized that on-premise and off-premise sign could exist on the same site. Ms Nelson concurred and stated that Planning staff classifies the Kent Common's sign as an on-premise sign as it relates to recreational activity even though it provides information • related to time and temperature. Land Use and Planning Board Minutes April 12, 1999 Page 8 Brad Bell voiced objection to the definition referencing Poppa's Pub sign. He stated that Poppa's Pub periodically places "Go Manners"on their sign and by definition their sign becomes a billboard. Brad Bell stated that an on-premise sign; advertising a message, directing attention to a business, profession, product, activity or service that is unrelated to any use or activity conducted or offered on the premises, or at the location where the sign is located, excluding road directional signs becomes a billboard under this definition Mr. Bell asked Diana Nelson to clarify if this definition was what she intended to convey Nelson stated that the word"unrelated"existed from another sign code possibly from King County. Ms Nelson voiced her concern over the word "unrelated" and stated that it could be changed to "advertised" because Go Mariners is not really an advertisement, it is a sentiment. Brad Bell stated that it is an advertisement for a public corporation profit making company Diana Nelson stated that the City of Kent has generally allowed reader boards where the language changes. She stated that these signs have been regarded as on premise signs because they relate to the business even though a national product may be referred to. Mr Harris concurred that the sign under discussion is an on-premise sign. • Mr. Bell stated that he was moved by Mr. Harris's presentation. He stated that this proposal offers a compromise to protect the advertising industry and the interests of the city of Kent He stated that he finds the proposal to be less restrictive than some surrounding municipalities and supports the proposal. Steve Dowell suggested changing the terminology regarding removal of signs at the time of property development in Paragraph 6 to read "A copy of the current lease shall be provided to the Planning Department as part of the development permit application materials " Laurie Evezich asked Mr Harris to clarify if a"development permit application"is terminology used in the zoning code. She stated that if the intent of the definition is specific to off-premise sign applications, it could possibly be changed to read "shall be provided to the Planning Department as a part of the off-premise sign permit application process". Mr. Hams stated that he believes off-premise signs located on vacant land being developed will be removed upon expiration of the twenty-year leases in affect at the time the signs were placed on the land. Land Use and Planning Board Minutes April 12, 1999 Page 9 Board member Terry Zimmerman voiced her concern in proceeding with this item too quickly She suggested that staff should set down with industry experts in order to get their view on what would " be appropriate for off-premise signs in the city of Kent She stated that it is reasonable to look at the City of Kent as a center of commerce in South King County and at the ethics of supporting businesses in this area as well as throughout our region with advertising Ms. Zimmerman stated that she had anticipated more citizen input at the hearing and questioned if enough time had been given to this proposal in order to notify a broader citizen base. Ms. Zimmerman stated that she could form a better decision if she understood the State DOT regulations and stated that she did not favor moving this on to committee at this time. Brad Bell recommended that #ZCA-99-2 Billboard Regulations Amendment be approved as proposed by Planning staff with consideration given to clearly defining "on-premises" and "off- premises signs" and to include the underlined word rp oL before the phrase "permit application" in Paragraph 6. Steve Dowell recommended that a moratorium be placed on this issue until it clears the proper committee. James Hams stated that the Council will be issuing a moratorium on Tuesday, April 20 and that this off-premise sign amendment is on the Council's consent calendar and agenda. He stated that a public hearing would be held within sixty days of the moratorium. Mr. Hams stated that the next Public Works Planning Committee meeting would be held Monday, April 19, although the deadline for preparing the material for this proposal is past. This item will be presented to the Public Works Planning Committee Monday, May 3 to recommend approval to the City Council on Tuesday, May 4. Sharon Woodford stated that she appreciates all the work generated by planning staff and believes this is a liberal proposal compared to our sister cities. She stated that businesses could get involved at the City Council level and voiced her approval of this proposal. Diana Nelson suggested the following modification to the off-premise sign definition: "off- premises" sign means a sign whieh that contains a message or directs attention to a business, profession, product, activity or service that is unrelated not related to "Y a use or activity conducted or offered on the premises or at the location where the sign is located, excluding road signs,and is generally available by means of rental to persons other than the owner of the sign•„ Land Use and Planning Board Minutes April 12, 1999 Page 10 Jon Johnson MOVED and David Malik SECONDED to accept staff's recommendation of#ZCA-99- 2 Billboard Regulations Amendment with the following modification to Section 15.02 430 in addition to the previous modifications in Section 15 06.404(R) identified by staff as indicated on Page two of the minutes, Items#2-4: "Off-premises" sign means a sign whieh that contains a message or directs attention to a business,profession,product, activity or service that is univMted not related to arty a use or activity conducted or offered on the premises or at the location where the sign is located, excluding road signs, and is generally available by means of rental to persons other than the owner of the sign." Motion CARRIED six to one with Terry Zimmerman opposed. Laurie Evezich asked the Board if their recommendation is based on their belief that approval of the off-premise signs zoning code amendment will further public safety promote public interest and preserve aesthetics in the city of Kent. The Board members concurred ADJOURNMENT Brad Bell MOVED and Jon Johnson SECONDED to adjourn the public hearing. Motion carried. The meeting adjourned at S.10 p.m. sp ctfully Submitted, Jan s P Hams cretary ckfiV'OF • d1PVIC'rN Jim White, Mayor Planning Department (253) 856-5454/F,4X(253) 856-6454 James P Hams, Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing June 28, 1999 The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at 7.00 p.m. on Monday, June 28, 1999 in Council Chambers of Kent City Hall. LAND USE & PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT James P. Hams, Planning Director Ron Harmon, Chair Fred Satterstrom, Planning Manager Terry Zimmerman, Vice Chair Kevin O'Neill, Senior Planner Steve Dowell Tom Brubaker, Assistant City Attorney Sharon Woodford Pamela Mottram, Administrative Secretary LAND USE & PLANNING BOARD • MEMBERS ABSENT Brad Bell, Excused Jon Johnson, Excused David Malik, U APP VAL OF MINUTES Stev Dowell MOVED and Terry Zimmerman SECONDED to approve the minutes of nl 12, 199 with the following correction to change the tern "proper council" to "proper commit e" as indi ted on page 9, fourth paragraph of the minutes Motion Carved. ADDE EMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None ZCA-99-6 VIEW REGULATIONS Senior Planner Kevin O'Neill stated that this recommendation is to consider potential amendments to Section 15 08 060 of the Kent Zoning Code pertaining to regulations for hillside development. Mr. O'Neill stated that view regulations have been in affect in the City since the 1973 zonmg code was adopted and said these regulations regulate the height of buildings located downslope from 220 4th AVE SO. /KENT.WASHINGTON 98032-5895 1 TELEPHONE (253)856-5200