Loading...
HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 05/03/1999 April 26, 1999 THE AGENDA COVER SHEET FOR THE 5/03/99 PUBLIC WORKS/PLANNING COMMITTEE MEETING • TITLE OF ITEM No. 1: YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FUNDING LEVELS CITY TARGET #4 COMMUNITY DEVELOPMENT ACTION: Proposed Motion: Recommend to the Full City Council to consider approval of the proposed Year 2000 Community Development Block Grant (CDBG) Funding Levels as outlined in the memorandum at its May 18, 1999 meeting, authorizing the Mayor to sign the County form indicating the City's desire for distribution of year 2000 funds. BACKUP MATERIAL: May 3, 1999 Memorandum titled"Year 2000 Community Development Block Grant(CDBG) Funding Levels" from Carolyn Sundvall. • County Form requiring the Mayor's signature PRESENTER: Carolyn Sundvall, Human Services Planner TIME: 5 minutes XENTENNIAI USERSTLANNINGIPMOTTRAMI USERDATA Public Works-PlanningCommittee1990503pwpc-cvrsht.doc • YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING LEVELS • Proposed Motion: Recommend to the Full City Council to consider approval of the proposed Year 2000 Community Development Block Grant (CDBG) funding levels as outlined in the memorandum at its May 18, 1999 meeting, authorizing the Mayor to sign the County form indicating the City's desire for distribution of year 2000 funds. CITY OF . Jim White, Mayor rNy1CTA Planning Department (253) 856-5454/Fax (253) 856-6400 James P. Harris, Planning Director CITY OF KENT PLANNING DEPARTMENT (253) 856-5454 MEMORANDUM MAY 3, 1999 MEMO TO: TIM CLARK, CHAIR, AND CITY COUNCIL PUBLIC WORKS AND PLANNING COMMITTEE MEMBERS FROM: CAROLYN SUNDVALL, HUMAN SERVICES PLANNER SUBJECT: YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) • FUNDING LEVELS City Target#4 Community Involvement BACKGROUND Recently the City received from King County its estimates of Community Development Block Grant Pass through funds for year 2000. The estimate of$528,223 is approximately $131,133 less that the City received for the 1999 program. The estimate at this time is based on the U.S. Department of Housing and Urban Developments (HUD)proposed year 2000 budget. The estimated amount may increase or decrease due to changes in the entitlement, program income and recaptured funds. The City Council needs to take three actions: 1. Receipt of funds The City of Kent needs to inform the County whether it elects to receive and administer the Pass through funds again next year. To date the City has not been notified by HUD of our eligibility to become an Entitlement City. Therefore by accepting the Pass through the City will be assured of continued HUD funding. The Planning Department recommends that the City accept the Pass through funds to: 1) Maximize local discretion in allocating the;funds 2) Guarantee a minimum . funding level, 3) Eliminate competition with other King County and small cities projects. If the City does not elect to take the Pass through funds, Kent is not guaranteed any CDBG funds, and would have to compete for all funds. 220 4th AVENUE SOUTH / KENT,WASHINGTON 98032-5895 Year 2000 Community Development Block Grant(CDBG)Funding Levels May 3, 1999 Page 2 2. Public (Human)Services Funding If the City chooses to accept Pass through funds, it can reserve the maximum of its fair share of public service dollars. If the City does not reserve the right to use this amount of funding for human services, another city can request the use of any unreserved ceilings. In order to retain the maximum of flexibility in the use of its CDBG funds, and to continue in its present support for human services, the Planning Department recommends that the City of Kent notify the County that it wishes to reserve the maximum dollars for human services. The estimated year 2000 Community Development Block Grant funding amount for human services is $85,597. 3. Planning and Administration Funds As with human services, the City has a maximum of its CDBG funds that can be spent for Planning &Administration. In 1999 the City reserved the maximum amount available. The Planning Department recommends allocating the maximum amount available in year 2000 to continue to fund salaries and other activities associated with the administration of the program. The maximum amount of year 2000 CDBG funds estimated to be available for Planning and Administration is $75,139. . The remaining funds, approximated at $367,487 would be used for capital projects. The City traditionally funds the Kent Home Repair Program out of this category and also any additional capital project requests that Council Approves. RECOMMENDED ACTION 1. Approval to accept the year 2000 Pass through funds. 2. Allocate the City's maximum available of year 2000 CDBG funds for Public (human) Services ($85,597) 3. Allocate the City's maximum available of year 2000 funds for Planning and Administration ($75,139) 4. Forward this recommendation to the full City Council for consideration at its May 18, 1999 meeting authorizing the Mayor to sign the County form indicating the City's desire for distribution of year 2000 funds. CS:pm P.-)Human Services l CAROL YMpassthr.doc cc: James P. Harris,Planning Director Katherin Johnson,Human Services Manager THE CITY OF QUALIFIES FOR AN ESTIMATED IN 2000 KING COUNTY CONSORTIUM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, WHICH WILL BE AVAILABLE JANUARY 1, 2000. •Please check one: Our City does not elect to receive and administer the above estimated pass-through. We choose instead to apply for CDBG funding on a project by project basis through the County and Small Cities process. Our City elects to receive and administer the above estimated pass-through with the conditions outlined in the 1998 King County Community Development Block Grant Consortium Guide. Among other responsibilities, we recognize that in accepting a pass-through we are accepting the responsibility of identifying priority needs and allocating the pass-through funds in accordance with the Consortium's schedule for submission to the U.S. Department of Housing and Urban Development. Cities which accept the pass-through should check the following if applicable: Our City would like to allocate a portion of our funds for.public (human) service activities. Our City would like to allocate a portion of our funds for planning and administration activities. Our City is eligible to request the use of additional planning and administration ceiling. We would like to request additional funds for the following: • Our City would like to contribute a portion of our capital funds to the King County Housing Repair Program so that our residents may participate. We understand that 15% of the total amount allocated will be used for program delivery costs. The following lists our distribution of CDBG funds for 2000: (List amounts below). Public Planning and Additional j Housing Capital Total Funds Services Administration P&A Requested I Repair i Projects Available $ $ $ i $ $ $ Signature of Mayor or Authorized Person Date Please attach a copy of the City Council's authorization of the above and return to HCD by June 1, 1999. CDBG\OOptccrt.doc(04/01/99) April 26, 1999 THE AGENDA COVER SHEET FOR THE 5/03/99 PUBLIC WORKS/PLANNING COMMITTEE MEETING • TITLE OF ITEM No. 2: #ZCA-99-2 OFF-PREMISE SIGNS ZONING CODE AMENDMENT ACTION: Proposed Motion: Recommend to the Full City Council to approve the proposed #ZCA-99-2 Off-Premise Signs Zoning Code Amendment as outlined in the Staff Report of May 3, 1999. BACKUP MATERIAL: May 3, 1999 Staff Report titled"#ZCA-99-2 Off-Premise Signs Zoning Code Amendment'with revised proposed amendments. April 12, 1999 Staff Report titled"#ZCA-99-2 Off-Premise Signs Zoning Code Amendment' Original 15.02.430 code change recommendation from April 12, 1999 PRESENTER: Diana Nelson, Planner TIME: 5 minutes U.I USERDATAIPuhlicWorks-PlanningCommitteeS90503pwpc-cvrsht.doc • • #ZCA=99=2 OFF=PREMISE SIGNS ZONING CODE AMENDMENT i Proposed Motion: Recommend to the Full City Council to approve the proposed #ZCA=99=2 Off- Premise Signs Zoning Code Amendment as outlined in the Staff Report of May 3, 1999M Advertising Companies: Matt Minniger Frank Podany LUPB mailing for 4/12/99 P.H. Dynamic Sign Company A.K. Media Northwest Mai on April 2, 1999 Post Office Box 1480 3601 6th Avenue South Bellingham, WA Seattle, WA 98134 Nicole Rolfness Mr. Craig BermanAW&j /t;�til-f� Lamar Advertising Company A.K. Media Northwest 1191 Second Avenue, Suite 1500 10111 So.Tacoma Wy, Suite D-1 3601 6th Avenue South eattle, WA 98101 Tacoma, WA 98499 Seattle, WA 98134 Attn: Mr. Pat Selzer Dowell Company Mr. Keven Kelly Mr. Jerry Damen 760 N. Central Avenue Exhibition Auto K Kent, WA 98032 Kent,,757 WA 98032 Central Avenue 606 Washington Avenue North Ke Kent, WA 98032 END OF LIST U:IUSERDATAILUPMLABELSIO 41299PHMAILING.DOC ELL." -dais �s Sppri a U 09ov- CRAIG E. BERMAN ® VICE SEFO\E) -\ Pf BLICNI-E.aFT 1(RS �V 5'19l SEr'Ov1 dces,'E. EArTLE.'XA J8I01 F.1x: 206•hv9.8508 921 CAairnN 'V.�S. CrE_=91) OLYHEL�, WA 985W MWW/SAVITT PHONE:_6u•]36•L06a Stntegic Communications Counsel F.": 36U•?96.1621 Al sfww r.aory n,v.,�, E-Y1Aa:�berman@mww.C()m WCBS1TE. www.mwwPr..Om CITY OF Jim White, Mayor r.YViCTA Planning Department (253) 856-54541FAX(253) 856-6400 James P. Harris, Planning Director CITY OF KENT PLANNING DEPARTMENT (253) 859-3390 STAFF REPORT MAY 3, 1999 MEMO TO: TIM CLARK, CHAIR AND CITY COUNCIL PUBLIC WORKS AND PLANNING COMMITTEE MEMBERS FROM: DIANA C. NELSON, PLANNER SUBJECT: #ZCA -99-2 OFF-PREMISE SIGNS ZONING CODE AMENDMENT • INTRODUCTION In response to the City Council's directive to research the issue of billboard signs and traffic safety, the Planning Department staff presented information to the Land Use and Planning Board during several work sessions on February 8, March 8 and March 22, 1999. A public hearing was held on April 12, 1999 to consider a proposed amendment to the zoning code regarding off-premise signs. The staff report from the April 12, 1999 Land Use and Planning Board hearing is included as an attachment to this report. When this report refers to billboards, it is also referring to off-premise signs. BACKGROUND The existing sign regulations for off-premise signs were adopted in June 1973 and have remained virtually unchanged for nearly 26 years. The current City of Kent Zoning Code allows off-premise signs in zoning districts M1, M2 and M3 subject to certain standards. However, of the 45 existing billboards within the City of Kent, 20 billboards (over 44 percent) are located in commercial or other zones that do not allow billboard placement under the adopted sign code regulations. The Planning Department staff has created a photographic inventory of all existing billboards within the city limits as well as within the Potential Annexation Area. Billboard locations have been mapped and a database has been compiled on various sign • characteristics. This inventory provides specific information about the number, type, size, height and location of billboards in the City. 220 4th AVENUE SOUTH / KENT.WASHINGTON 98032-5895 I Off-Premise Sign Zoning Code Amendment May 3, 1999 Page 2 During the April 12, 1999 public hearing, the L Q and revised the proposed zoning code amendment language as (�,,�,�r\ ,n� ssues: 1. The definition of off-premise sign was revi �� ti id is generally available by means of rental to persons c (�� ie sign". This revision was in response to concern abou J wS� tion of certain types of signs, such as the one at the Ken '"� sign provides information or advertises activities other th �2 \q� site but has always been considered as an on-premise : "unction of the sign is to advertise the uses occurring on the not available for rent to others. The addition of the langu vv� of such signs emphasizes the difference between billboar ns as well as further clarifying the intent of these regulation 2. The text of Subsection 15.06.040 (R)(6) was c roject" before the phrase "permit application". This revision-5-dd_ressed the need to clarify that lease copies were not required for permits related to the off-premise sign, prior to development of the site and also to determine at what stage of site development that copies of the current billboard lease(s) are required to be submitted. The phrase "project permit" is used to describe any land use permit required by the City for a project action, such as building permits, land use preparation or site development permits, subdivisions, conditional uses or other development plan review processes. The proposed zoning code text amendment is attached to this staff report. The revisions made by the Land Use and Planning Board are shown in bold italic font for language added to the proposed amendment text and in double strike-through for language to be deleted from the proposed amendment text. The underlined text denotes language to be added to the current zoning code text and the single strike-through text indicates language to be deleted from the current zoning code text. RECOMMENDATION: The Land Use and Planning Board voted to recommend approval of the following amendments to the zoning code at their April 12, 1999 public hearing: Revised Zoning Code Amendment Kent Zoning Code Section 15.02.430. Sign, off-premises. .,rl, ,.bore by n„nh aigA OF an adyeFtising sign". • "Off-premises sign means a sign whi@14 that contains a message or directs attention to a business, profession, product, activity, or service that is not tmrelated to afly use or activity conducted or offered on the premises or at the location where the sign is r Off-Premise Sign Zoning Code Amendment May 3, 1999 C- Page 2 During the April 12, 1999 public hearing, the Land Use and F �� ,��� proposed zoning code amendment language as follows to addr 1 . The definition of off-premise sign was revised to add the available by means of rental to persons other than the revision was in response to concern about the possible dK( types of signs, such as the one at the Kent Commons. ' information or advertises activities other than those occu N� < _V_Iaa always been considered as an on-premise sign because ti sign is to advertise the uses occurring on the site and the s ao for rent to others. The addition of the language addressin, emphasizes the difference between billboards and these we as further clarifying the intent of these regulations. 2. The text of Subsection 15.06.040 (R)(6) was changed to add the word "project" before the phrase "permit application". This revision addressed the need to clarify that lease copies were not required for permits related to the off-premise sign, prior to development of the site and also to determine at what stage of site development that copies of the current billboard lease(s) are required to be submitted. The phrase "project permit" is used to describe any land use permit required by the City for a project action, such as building permits, land use preparation or site development • permits, subdivisions, conditional uses or other development plan review processes. The proposed zoning code text amendment is attached to this staff report. The revisions made by the Land Use and Planning Board are shown in bold italic font for language added to the proposed amendment text and in double strike-through for language to be deleted from the proposed amendment text. The underlined text denotes language to be added to the current zoning code text and the single strike-through text indicates language to be deleted from the current zoning code text. RECOMMENDATION: The Land Use and Planning Board voted to recommend approval of the following amendments to the zoning code at their April 12, 1999 public hearing: Revised Zoning Code Amendment Kent Zoning Code Section 15.02.430. Sign, off-premises. n} nn }hn mn nr n he bu n nrnrl�� nnniinn nr nn}ivity heron 166ucedvn-m�Samc-prer�rSeSz�S-trrc-vvSfflc6S,�waC�, i rinn}i}inr! nr nr7inr}innrJ hY nUnh sign nr nn nrl�ini-}ininn ninn" . "Off-premises sign means a sign which contains a message or directs attention to a business, profession, product, activity, or service that is not unrelated to af!Y use or activity conducted or offered on the premises or at the location where the sign is Off-Premise Sign Zoning Code Amendment May 3, 1999 Page 3 • located excluding road directional signs, and is generally available by means of rental to persons other than the owner of the sign". Kent Zoning Code Section 15.06.040 R. Off-premises signs. 1. 1^T/a h Net FneFe than fO r (4) sign GtF G_t FeG peF ene the sand (1,000) lineal ^^+ aFG permitted No new off-premise signs shall be constructed or installed within the city. The total number of off-premise sign structures and faces allowed within the incorporated city limits of Kent shall not exceed the total number of legally existing_off-premise sign structures and faces as of the effective date of this code and listed in the City of Kent Off-Premise Sign Inventory. Off-premise signs in existence as of the effective date of this rr/eq^�}uirr�eyyment shall be inventoried. 2. tY1skletrJ-�rherei'peFmitted. Off premises signs nrn permitted in M! M2 and . Except as provided in Subsection 15.06.040(R)(3), off-premise signs shall not be altered with regard to size, shape, orientation, height, or location without the • prior issuance of a sign permit. Alterations or replacements of off-premise signs shall comply with the design and location standards of this section. 3 Standards. a. h46*09um size. Maximum size is three hundred (300) square feet for a total of all sign faces on one structure. b. h4ax4mum height. Maximum height is thirty-five (35) feet. C. . Signs shall be located a distance of three hundred (300) feet from any street intersection. d. . Back-to-back and V-type sign structures shall be considered one (1) sign structure. e. No off-premise sign shall extend beyond the property line of the sign site. f. Off-premise signs shall observe the same setbacks as buildings within the zone. g. Off-premise signs shall not rotate or have parts that move, revolve, or rotate. h. Off-premise signs shall not utilize interior illumination, electronic, or digital video displays including, but not limited to flashing, blinking, or scrolling lights, animation, or other moving messages or display. i. Off-premise signs may utilize stationary exterior lighting focused on • the sign face. i. Repair, alteration, or replacement of an existing off-premise sign structure requires a building and zoning permit. Replacement of off- Off-Premise Sign Zoning Code Amendment May 3, 1999 Page 4 • premise sign face copy may occur at any time and is exempt from the requirement for a permit provided that the size of the face copy does not exceed the previous face copy and is no greater than 300 square feet in size, and provided that the number of sign faces does not exceed the previous number of sign faces. 4 Sign faces that contain moving parts and that are located on a legally existing sign structure shall be considered non-conforming and the sign face(s) with moving parts shall be removed or rellaced with a stationary sign face in compliance with the standards of subsection 15.06.040(R)(3), within five (55)years of the effective date of this ordinance. 5 Off-premise signs shall not be relocated to another parcel of land. Off- premise signs can only be relocated to another portion of the parcel on which the sign is located, only in response to the design standards required in subsection 15.06.040(R)(3) and with approval of the Planning Director. 6 Off-premise signs located on vacant land that is being developed shall be removed upon expiration of the lease(s), which are in effect at the time of project permit application for the site. A copy of the current lease(s) shall be provided to the Planning Department as part of the project permit • application materials. 7 No removal, cutting or other alteration of any vegetative screening on public property or private landscaping required by code or as a condition of permit approval is permitted in order to improve the visibility of a nearby off-premise sign. This regulation shall not prohibit the normal maintenance of trees and landscaping_ 8 All off-premise signs, which have a permit as of the date of this Ordinance or which were in existence prior to June 20, 1973, shall be considered legal, and may be rebuilt in the case of destruction by natural cause or accident or for safety purposes. Staff from the Planning Department will be prepared to present this issue and answer questions at the May 3, 1999 meeting. If you have any questions prior to the meeting, please contact Diana Nelson at (253) 856-5437. DN:pm P.IADMftbillbcardstaff4.doc Enclosure cc: Brent McFall, Director of Operations • James P. Harris, Planning Director Fred N. Satterstrom, Planning Manager Kevin O'Neill, Senior Planner—Long Range Charlene Anderson, Senior Planner—Current Planning CITY OF�LE!2 • Jim White, Mayor �NVICTA Planning Department (253) 859-3390/FAX(253) 850-2544 James P. Harris, Planning Director CITY OF KENT PLANNING DEPARTMENT (253) 859-3390 STAFF REPORT APRIL 12, 1999 MEMO TO: RON HARMON, CHAIR AND MEMBERS OF THE LAND USE AND PLANNING BOARD FROM: DIANA C. NELSON, PLANNER SUBJECT: #ZCA -99-2 OFF-PREMISE SIGNS ZONING CODE AMENDMENT i INTRODUCTION Over the past year, concern has been expressed by members of the City Council about the potential for proliferation of billboards along the new 272"d/ 277th and 192"d/ 196tn Street corridors as well as State Route 167 and other major arterials in the City. The City Council requested that the Planning Department research the issue of billboard signs and prepare information for review by the Land Use and Planning Board. The Planning Department staff has presented information to the Land Use and Planning Board during Board work sessions on February 8, March 8 and March 22, 1999. Subsequently, the Land Use and Planning Board scheduled a public hearing for April 12, 1999 to consider proposed amendments to the zoning code regarding off-premise signs. When this report refers to billboards, it is also referring to off-premise signs. BACKGROUND In June 1973, the Kent City Council approved Ordinance 1827, adopting a new zoning code for the City. The new zoning code became effective on June 20, 1973 and included a section on sign regulation and a subsection specifically addressing off-premise signs. This subsection has remained virtually unchanged since adoption, nearly 26 years ago. • The current City of Kent Zoning Code classifies billboards as off-premise signs and Kent City Code (KCC) Section 15.06.040(R) allows off-premise signs only in zoning districts M1, M2 and M3 subject to certain standards. However, there are a number of billboards located in the commercial zones and one located in a residential zone in the City. 220 41h AVENUE SOUTH I KENT,WASHINGTON 98032-5895 Billboard/Off-Premise Sign Code Amendment April 12, 1999 Page 2 • The Planning Department staff has created a photographic inventory of all existing billboards within the city limits as well as within the Potential Annexation Area. Billboard locations have been mapped and a database has been compiled on various sign characteristics. This information provides specific data about the number and type of billboards in the city, thereby helping to better understand the impacts of billboards on the community. BILLBOARD IMPACTS Billboards are designed, built and leased in order to attract public attention. When billboards are located within the visibility of a roadway, the effect is to draw drivers' attention to the outdoor advertising, thereby distracting their focus away from the road. A 1980 Federal Highway Administration study on the effects of billboards on highway safety found a positive correlation between the existence of billboards and accident rates. Federal and state courts have consistently ruled that traffic safety is a legitimate basis for billboard regulation. The U.S. Fourth Circuit Court of Appeals stated that " No empirical studies are necessary for reasonable people to conclude that billboards pose a traffic hazard, since by their very nature they are designed to distract drivers and their passengers from maintaining their view of the road"--Major Media of the Southeast v. City • of Raleigh, 621 F. Supp 1446, 1451 affd 792 F. 2d 1269 (41h Cir. 1986) cert denied, 107 S. Ct. 1334 (1987). The California Supreme Court said, "We hold as a matter of law that an ordinance which eliminates billboards designed to be viewed from streets and highways reasonably relates to traffic safety."--Metromedia v. San Diego, 610 P. 2d 407. In the decision of Ackerley Communications of the Northwest v. Krochalis relating to the City of Seattle sign code, the US Court of Appeals stated "It is beyond cavil that billboards contribute to visual blight and traffic hazards."--Ackerley Communications of the Northwest v. Krochalis, US Court of Appeals, Ninth Circuit, March 7, 1997: 108 F.3d 1095, 49 ZD 252, Washington. Based on these and other court rulings, it appears that a jurisdiction is not required to document the specific negative impacts of billboards in their community in order to regulate, restrict or prohibit billboards, provided that the intent of the ordinance is to further the community's interests in traffic safety and aesthetics. NEED FOR POSSIBLE AMENDMENTS The current City of Kent Zoning Code Section 15.06.040(R) allows new billboards (off- premise signs) to be located in the M1, M2 and M3 industrial zones at a spacing of 4 billboards per 1,000 lineal feet. The implications of this provision is that under maximum potential "build-out" for off-premise signs, approximately 44 billboards could be placed along the 192"d/ 196th Street corridor, 72 billboards along the west side of State Route 167 between 180th and James Street and another 36 billboards along the east side of SR 167 tn between SR 516 and the city limits at 277 Billboard/Off-Premise Sign Code Amendment April 12, 1999 Page 3 • In addition, approximately 72 billboards could be placed along West Valley Highway, 40 billboards along East Valley Highway between 212th and the city limits at 180t , 44 billboards along the 212th corridor and 6 billboards along S. 277th between the Union Pacific Railroad tracks and SR 167. The current code allows the potential for the placement of 314 billboards along 6 major transportation arterials within the City. This enormous number of potential billboards does not take into consideration the remaining 4,000+ acres of M1 , M2 and M3 industrial zoned land in the valley that could have 4 billboards spaced within every 1,000 lineal feet area, nor does it account for those non- conforming billboards located in the commercial zones around the City. The negative effects on traffic safety and community aesthetics of the placement of this potential number of billboards along major arterials and highways cannot be disputed since by their very nature and intended purpose, billboards are distracting to drivers' attention to traffic. The size and height of billboards and the currently allowed density of placement significantly contributes to visual clutter throughout the city. The Planning staff surveyed a number of cities in the Seattle metropolitan area regarding their land use policies on billboards. Most of the cities now prohibit new billboards including Renton, Des Moines, Federal Way, Sea Tac, Seattle, and King County. While some cities such as Federal Way and SeaTac have specific deadline dates for removal of • all billboards, many cities have "grandfathered" existing billboards, including Renton, Des Moines, Tumwater, Bellevue, Issaquah, Edgewood, Lacey, and Mountlake Terrace. While these cities do allow repair of existing billboards within certain parameters, they do not allow replacement or relocation. Cities such as Bellingham and Lakewood as well as King County allow replacement and/or relocation of billboards within strict limitations. All of these cities have taken either a "cap" or "no net gain" approach to billboard advertising signs; thereby placing a limit on the total number of billboards allowed to exist in their jurisdiction. Legal counsel is currently researching several issues, which have been raised during work session discussions including the possibility of a billboard moratorium during the amendment process and the legality of restricting off-premise sign messages to local businesses only. Legal counsel will be present at the public hearing to provide this information. PLANNING RECOMMENDATION: The Planning Department recommends approval of the attached zoning code amendment to address concerns about the proliferation of off-premise signs and the negative impacts on traffic safety and aesthetics associated with billboards. The definition of off-premise sign in Section 15.02.430 is somewhat confusing and the . characteristics of off-premise signs should be more accurately described. The current language states "Off-premise sign means a sign not located on or supported by a Billboard/Off-Premise Sign Code Amendment April 12, 1999 Page 4 • structure not located on the same premises as the business, product, service or activity being identified or advertised by such sign or an advertising sign". The Planning staff recommends that the definition continue to use the title of"off-premises sign" rather than "billboard" because off-premise signs not only include billboards but also other kinds of signs not typically considered to be billboards. It is further recommended that the definition be amended to state: "Off-premises 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. The Planning staff recommends that the City of Kent adopt a "no net gain" policy as specified in the proposed amendment which would prohibit the placement of any new off- premise signs in the City but would allow legally existing off-premise signs to remain, be repaired and be altered or replaced subject to certain standards. Relocation of off- premise signs would not be allowed. The amendment would also add standards relating to setbacks from property lines, lighting and allowable types of display mediums, and permit requirements. Other provisions in the amendment prohibit moving or electronic off-premise signs and require shutter-type billboard sign faces to be replaced with a stationary sign face, restrict the • relocation of off-premise signs, and prohibit the cutting or removal of private landscaping or public screening to improve visibility of an off-premise sign. Numerous other local cities have already adopted similar versions of this "no net gain" amendment. The proposed amendment would effectively address the issues of traffic safety, aesthetics and visual blight relating to billboard placement within the accepted parameters set by the courts for billboard regulation. Staff from the Planning Department will be prepared to present this issue and answer questions at the April 12, 1999 public hearing. If you have any questions prior to the hearing, please contact Diana Nelson at (253) 859-2793. DN:pm PA4DM/NlbiNboardstaff2.doc Enclosure cc: Brent McFall, Director of Operations James P. Harris, Planning Director Fred N. Satterstrom, Planning Manager Kevin O'Neill, Senior Planner—Long Range Charlene Anderson, Senior Planner—Current Planning t Zoning Code Section 15.02.430. Sign, off-premises. adyeFt*6;..g-sib "Off-premises 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". Kent Zoning Code Section 15.06.040 R. Off-premises signs. 1. Number-. Net m e than F^..F (4) sign n+.•, rAUFeo nBr GRe thewsand (1,000) lineal feet We peffRitted.No new off-premise signs shall be constructed or installed within the city. The total number of off- premise sign structures and faces allowed within the incorporated city limits of Kent shall not exceed the total number of legally existing off-premise sign structures and faces as of the effective date of this code and listed in the City of Kent Off-Premise Sign Inventory. Off-premise signs in existence as of the effective date of this requirement shall be inventoried. not peffnitted on any etheF do Except as provided in Subsection 15.06.040(R)(3), off-premise signs shall not be altered with regard to size, shape, orientation, height, or location without the prior issuance of a sign permit. Alterations or replacements of off-premise signs shall comply with the design and location standards of this section. 3 Standards. a " ax4mum size sizeT Maximum size is three hundred (300) square feet for a total of all sign faces on one structure. b. h4a*imum hei Maximum height is thirty-five (35) feet. c. Signs shall be located a distance of three hundred (300) feet from any street intersection. d. Back-to-back and V-type sign structures shall be considered one (1) sign structure. e. No off-premise sign shall extend beyond the property line of the sign site. f. Off-premise signs shall observe the same setbacks as buildings within the zone. g. Off-premise signs shall not rotate or have parts that move, revolve, or rotate. h. Off-premise signs shall not utilize interior illumination, electronic, or digital video displays including, but not limited to flashing, blinking, or scrolling lights, animation, or other moving messages or display. �i. Off-premise signs may utilize stationary exterior lighting focused on the sign face. j Repair alteration or replacement of an existing off-premise sign structure requires a building and zoning permit. Replacement of off-premise sign face copy may occur at any time and is exempt from the requirement for a permit provided that the size of the face copy does not exceed the previous face copy and is no greater than 300 square feet in size, and provided that the number of sign faces does not exceed the previous number of sign faces. 4 Sign faces that contain moving parts and that are located on a legally existing sign structure shall be considered non-conforming and the sign face(s) with moving parts shall be removed or replaced with a stationary sign face in compliance with the standards of subsection 15.06.040(R)(3). within five (5) years of the effective date of this ordinance. 5 Off-premise signs shall not be relocated to another parcel of land. Off-premise signs can only be relocated to another portion of the parcel on which the sign is located, only in response to the design standards required in subsection 15.06.040(R)(3) and with approval of the Planning Director. 6 Off-premise signs located on vacant land that is being_developed shall be removed upon expiration of the Iease(s), which are in effect at the time of permit application for the site. A copy of the current lease(s) shall be provided to the Planning Department as part of the permit application materials. 7 No removal, cutting or other alteration of any vegetative screening on public property or private landscaping required by code or as a condition of permit approval is permitted in order to improve •the visibility of a nearby off-premise sign. This regulation shall not prohibit the normal maintenance of trees and landscaping 8 All off-premise signs, which have a permit as of the date of this Ordinance or which were in existence prior to June 20. 1973, shall be considered legal, and may be rebuilt in the case of destruction by natural cause or accident or for safety purposes.