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Agenda 06/13/2013 p CITY ne Valle Y Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. June 13, 2013 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: May 23, 2013 VI. PUBLIC COMMENT: On any subject that is not on the agenda. VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS A. OLD BUSINESS: 1. CONTINUED DELIBERATIONS: CTA-2013-0004, Sign Code Amendments B. NEW BUSINESS: 1. STUDY SESSION: CTA-2013-0005, Outdoor Lighting Standards X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF BILL BATES -CHAIR JOHN HOHMAN,CD DIRECTOR KEVIN ANDERSON MARTY PALANIUK,PLANNER CHRISTINA CARLSEN ROBERT MCCASLIN ERIC LAMB, DEPUTY CITY ATTORNEY STEVEN NEILL JOE STOY-VICE CHAIR CART HINSHAW,SECRETARY MIKE PHILLIPS WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 12th, 2013 Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing ❑ information ❑ admin.report ❑ pending legislation FILE NUMBER: CTA-2013-0004 AGENDA ITEM TITLE: Continued Deliberations —Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: A city initiated text amendment to amend Spokane Valley Municipal Code (SVMC) 22.100, Sign Regulations-minor updates to sign regulations including number and type of temporary signs and permit submittal requirements. GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: Chapter 22.110, Sign Regulations, was amended by City Council on April 24,2012 (Ordinance No. 12-013). BACKGROUND: On April 24,2012, City Council adopted significant changes to the City's signage regulations. The changes being proposed here are minor in nature and address concerns raised by business owners since the adoption of the updated regulations. The Planning Commission conducted a study session on these proposed changes on March 28,2013 and public hearings on April 11,2013 and May 23,2013. RECOMMENDED ACTION OR MOTION: Move to recommend approval of CTA-2013-0004, minor changes to the signage regulations. STAFF CONTACT: John Hohman-Community Development Director ATTACHMENTS: A. Staff Report and Findings CTA-2013-0004 B. Proposed changes to Chapter 22.110 CTA-2013-0004 RPCA for Continued Deliberations ATTACHMENT A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Sjökane alle STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION STAFF REPORT DATE: March 19,2013 HEARING DATE AND LOCATION: April 11th, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. PROPOSAL DESCRIPTION: A city initiated text amendment to amend Spokane Valley Municipal Code (SVMC) 22.100, Sign Regulations- minor updates to sign regulations including number and type of temporary signs and permit submittal requirements. PROPONENT: City of Spokane Valley Community Development Department, 11707 E Sprague Ave, Suite 106, Spokane Valley,WA 99206 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION: The Planning Division recommends the Planning Commission approve the proposed amendment as put forth. STAFF CONTACT: John Hohman, Community Development Director, Community Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC 22.110 A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Pre-Application Meeting: N/A Application Submitted: N/A Determination of Completeness: N/A Published Notice of Public Hearing: 3/29/2013 and 4/5/2013 Sent Notice of Public Hearing to staff/agencies: 3/28/13 Staff Report and Recommendation CTA-2013-0004 2. PROPOSAL BACKGROUND: On April 24,2012,City Council adopted significant changes to the City's signage regulations. The changes being proposed here are minor in nature and address concerns raised by business owners since the adoption of the updated regulations. B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F)Municipal Code Text Amendment Approval Criteria i. The City may approve Municipal Code Text amendment,if it finds that (1) The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Comment: The proposed amendment is consistent with the applicable policies of the Comprehensive Plan: LUP-14.3: Establish standards for the scale and intensity of commercial, retail and industrial signage that protect views and minimize signage clutter while allowing adequate business identification. EDG-7-Maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. EDP-7.2-Review development regulations periodically to ensure clarity, consistency and predictability. (2) The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; Staff Comment: Public health, safety and welfare are furthered by providing sign regulations that respect the purposes of signs from the perspective of the community and business. The amendment recognizes business need to advertise, while preserving an attractive commercial environment for the public. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC. (3) Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Public noticing has not been initiated for CTA-2013-0004 as of this date. (4) Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. Page 2 of 3 Staff Report and Recommendation CTA-2013-0004 b. Conclusion(s): No concerns are noted. C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION The Planning Division, after review and consideration of the applicable approval criteria, recommends approval of the proposed sign code updates Page 3 of 3 Chapter 22.110 SIGN REGULATIONS Sections: 22.110.010 Purpose,intent and scope. 22.110.020 Prohibited signs. 22.110.030 Permit required. 22.110.040 Number,general regulations for permitted permanent signs. 22.110.050 Permitted temporary signs. 22.110.060 General provisions applicable to all signs. 22.110.070 Comprehensive sign plan. 22.110.080 Aesthetic corridors. 22.110.090 Sign location and front setbacks. 22.110.100 Sign area calculation. 22.110.110 Maintenance of signs. 22.110.120 Existing nonconforming signs. 22.110.130 Billboards. 22.110.010 Purpose,intent and scope. Signage regulations are intended to promote commerce,traffic safety and community identity while improving the visual environment of residential,commercial and industrial areas.This code regulates permanent,temporary,and portable signs.(Ord.07-015 §4,2007). 22.110.020 Prohibited signs. The following signs are prohibited: A. Signs which by coloring,shape,wording or location resemble or conflict with traffic control signs or devices; B. Signs that create a safety hazard for pedestrian or vehicular traffic; C.Flashing signs; D.Portable signs; except A-frame signs and reader boards specifically allowed pursuant to SVMC 22.110.050(_A1) and(E); E. Signs located within the public right-of-way,except official signs and except bus benches placed pursuant to an agreement with the City; F. Signs attached to or placed on a vehicle or trailer parked on public or private property;provided,that this provision shall not be construed as prohibiting the identification of a business or its product on a vehicle operating during the normal course of business; G. Signs obstructing visibility within any clearview triangle as established in Chapter 22.70 SVMC; H.Billboards except when permitted as provided in SVMC 22.110.130; I.Off-premises signs,except off-premises directional signs allowed pursuant to SVMC 22.110.040(D); J.Temporary signs unless specifically allowed pursuant to SVMC 22.110.050; K.Abandoned signs and sign structures.(Ord. 12-013 § 1,2012;Ord.07-015 §4,2007). 22.110.030 Permit required. A.Other than for those uses listed in subsection(B)of this section,a sign permit is required for all allowed permanent signs,temporary signs,unless otherwise specified,and billboards. B.Permits are not required for on-premises official signs;seasonal decorations;merchandise displays;point-of- purchase advertising displays;national and state flags;flags of a political subdivision;notice signs,inflatables;flags with copy;reader boards;temporary signs as listed in 22.110.050 pennants and streamers without advertising copy; symbolic flags of nonprofit institutions dedicated to public service;legal notices required by law;barber poles; historic site designations;commemorative monuments/plaques;gravestones;advertising copy affixed to phone booths;donation and recycling containers;lettering or symbols applied directly onto or flush-mounted magnetically to a motor vehicle operating in the normal course of business;political signs supporting political issues,candidates or ballot measures;replacement of copy on signs otherwise permitted;name plates with less than four square feet of copy area;directional signs with less than four square feet of copy area;and murals containing no copy. C.Permit applications shall include a site plan that provides the following information: 1.The location of the affected lot,building(s)and sign(s); 2.The scale of the site plan; 3.The location of all existing signs for the subject applicant including size and height:A scaled drawing of the proposed sign or sign revision,including size,height, copy, structural footing details,method of attachment and illumination; 4.For signs subject to spacing regulations,the location of neighboring signs on adjacent propertiesThe location of all existing signs on the site including size and height; 5.Approved sign plan,if applicableFor signs subject to spacing regulations,the location of neighboring signs on adjacent properties,and 6.Tax parcel number where proposed sign will be located.Approved sign plan,if applicable; and 7. Tax parcel number where proposed sign will be located. (Ord. 12 013 § 1,2012; Ord. 09 010 § 1,2009; Ord. 07 015 § 1,2007). D. Permit applications shall include construction drawings that provide the following information: 1. Two complete sets of scaled drawings of the proposed sign or sign revision,including copy,structural footing details;method of attachment and illumination. A Washington State licensed engineer's design, stamp and signature is required on each construction drawing for signs over 30 feet in height,pole and monument signs over 100 square feet in sign area regardless of height,flag signs over 10 feet in height regardless of sign area and wall signs where it is determined the size and weight of the sign is a factor on the structural integrity of the building or structure. Where special conditions exist for any type of sign,the Building Official is authorized to require additional construction documents to be prepared by a Washington State licensed engineer and/or special inspections if deemed necessary. 22.110.040 Number,general regulations for permitted permanent signs. A.Permitted permanent signs shall comply with the requirements of Table 22.110-1.No more than the maximum numbers of either freestanding pole signs or monument sign structures are allowed per parcel. Table 22.110-1—Location,Height and Copy Area Requirements Maximum Copy Copy Side Zoning Number Copy Area Area Yard Permit Additional Land Use Height District per Area (ft�)/Lot (ft2)/Lot Setback Required Provisions (ft.) Parcel (ft2) Frontage Frontage (ft.) <100 ft. > 100 ft. Attached Wall Signs I I I One sign up to 20 Multifamily Complex All Zones * * * * * * sq.ft. Residential *25%of wall Institutional' * * * n/a n/a n/a Y Zones area Residential Single Business 1 n/a 60 n/a n/a n/a Y Zones All Mixed Use and *25%of wall Nonresidential * n/a n/a n/a n/a Nonresidential area per building Zones Freestanding Signs Subdivision/Area *One per 200 ft. Name/Multifamily All Zones 1* 10 32 n/a n/a n/a 1' of street frontage Complex/Institutional' and 1 for each Single Business Neighborhood 1 20 100 n/a n/a 5 y additional 200 ft. Multi-Business Business(NC) or fraction 1* 20 n/a 100 n/a 5 Y Complex Zones thereof in Single Business 1* 30 n/a 100 200 5 y nonresidential zones.Additional signs allowed on a multi-business Mixed Use complex site may and all be free- Multi-Business Nonresidential 1* 40 250 n/a n/a 5 Y standing; Complex Zones(except additional signs NC) allowed on a single business parcel shall be monument signs All Nonresidential *Adjacent to I-90 Nonresidential 1 50 250 n/a n/a 5 Y Freeway* only Zones "NM Monument Signs Subdivision/Area Name/Multifamily All Zones 1 10 32 n/a n/a n/a Y Complex/Institutional' *Per street Single Business Neighborhood 1* 7 75 n/a n/a 5 Y frontage Multi-Business Business(NC) Complex Zones 2* 7 90 n/a n/a 5 Y Single Business All Mixed Use 2* 7 90 n/a n/a 5 Y and *Per street Multi-Business Nonresidential 2* frontage 2 7 150 n/a n/a 5 y g Complex Zones k Other Signs i lirm.11111 —1 Directional All Zones n/a n/a 4 n/a n/a n/a N Name Plates All Zones 1 n/a 4 n/a n/a n/a N 1.Institutional includes nonprofit,religious or public uses,such as a church,library,public,or private school,hospital,or government owned or operated building,structure,or land used for public purposes. B.In addition to the permanent signs allowed pursuant to Table 22.110-1,a single decorative emblem(or standard) constructed of durable vinyl with a thickness of not less than 13 mil for every 50 feet of frontage shall be allowed. The lowest horizontal member of the bracket shall be located at a height of not less than seven feet above the adjacent grade. C.Where three or more single businesses agree to share a single sign structure,an additional 20 percent of copy area shall be allowed up to a maximum of 250 square feet. D.Off-Premises Directional Signs.It is the intent of this subsection to allow the limited placement of off-premises directional signs by co-locating on an existing conforming monument sign,freestanding sign,or building wall.The A business locating placing this type of sign on an existing sign must shall conform to the following criteria: 1.The business must shall be located on a private easement or local access street; 2.The business and proposed sign must shall be located in a commercial,office,industrial or mixed zone area; 3.Text shall be limited to the business name,logo,and a directional arrow and may include certain advancing language as"next right"; 4.The sign must shall be located on the nearest collector or arterial.If a business has double frontage, staff will review this unique situation to determine if two directional signs are warranted; 5. Sign area is-shall be limited to 15 square feet;this shall not be construed to allow the on-premises sign to increase its sign area;and 6.If the business using an off-premises directional sign leaves its location,the business must shall remove the sign within 60 days. 7.If the site has no existing signage or buildings,then a freestanding sign meeting the requirements above may be allowed.(Ord. 12-013 § 1,2012;Ord.09-010§ 1,2009;Ord.07-015 §4,2007). 22.110.050 Permitted Ttemporary signs. Except as otherwise described under this section,no permit is necessary for temporary signs.Temporary signs are not allowed to continually advertise goods, services or events on a site;permanent signs shall be used for that ptwpas- A.A temporary sign advertising a special event, sale,promotion,opening of a new business or opening of a business under new management may be displayed and must be removed at end of use, event or condition. AB.Number of Temporary Signs.No more than two of the followingene seen signs shall be allowed at any one time for a use,except as permitted in subsection E below: 1. One Banner,or 2. One Reader board,or 3. One Flag with copy BC.Each signSignage shall be limited to 32 square feet in size. D.All temporary signs must be made of durable materials and shall be well maintained. Signs are not well maintained if they are frayed,torn, or broken,or the legibility thereof has materially deteriorated.Unmaintained signs will be required to be removed. E.Banner signs must be attached to the facade,wall or window of the building which includes the business which they advertise. CF.Additional banners or temporary signs advertising a special event,sale,promotion,opening of a new business or a business under new management,including banners,balloons,pennants,flags with copy,streamers,seachlights and inflatables are allowed by temporary permit for a period of time not to exceed 60 days a maximum of two times in any calendar year. G.Pennants,balloons, and streamers may be displayed in conjunction with the special event signage allowed in subsection F of this section,but must be removed at the conclusion of the event or within 60 consecutive days. Dll.Temporary signs shall not endanger the public safety and shall be removed or relocated if the building official determines that a sign is unsafe. El.A-Frame Signs. Each bgusiness will be allowed a maximum of one sandwich board or A-frame sign.These signs are in addition to other temporary signs allowed through subsections A through Hand C of this section,and are subject to the following conditions: 1. Size.The area of the sign shall not exceed nine square feet per side in size and shall not exceed three feet in any dimension. 2.Maintenance Standards. Signs shall be constructed out of materials able to withstand extreme weather conditions. Such materials may be metal,finished wood,chalkboard,whiteboard or plastic. Signs and copy should be of professional quality.Permanent lettering for the business name and logo are required on the sandwich boards.Owners of sandwich board signs shall be required to keep their signs in an intact, reasonably legible,and well maintained manner. Sandwich boards are not well maintained if any part thereof is broken;letters or graphics are completely or partially missing or obstructed;or the legibility thereof has materially deteriorated. 3.Display Time. Signs may only be displayed during business hours.If business hours continuelf the sign is displayed past daylight hours,precautions should be taken to place the sign in a lighted area.This shall not be construed to allow the wiring of a sign for lighting. 4.Location. Signs shall not be placed in a location which is within the clearview triangle,as defined in SVMC 22.70.020(C),or any other location which will impede vehicular traffic.Further,such signs shall not be placed in a manner which will block or otherwise obstruct the safe use of sidewalks,building entrances or stairs by pedestrians. F4.Temporary on-premises commercial signs are allowed without permit when posted in conjunction with the alteration,construction,sale or lease of real property. Such signs shall not exceed 16 square feet in copy area or seven feet in height.All such signs shall be affixed to either the ground or a permanent structure by rope,wire,or a mechanical device. G .Open House/Directional Signage.A-frame signs may be used as open house/directional signs and shall be allowed on each access street to the property. Signs shall be placed so as not to interfere with vehicular or pedestrian traffic,shall be used only when the property is open for inspection,shall be unlit,and shall be limited in size to five square feet and limited in height to three feet above grade.(Ord. 12-013 § 1,2012;Ord.07-015 §4,2007). 22.110.060 General provisions applicable to all signs. A.All signs illuminated with exterior lighting shall have lighting confined to the sign,and positioned and shielded to minimize impacts to the surrounding area(s).Gooseneck reflectors and lights are permitted on permanent freestanding and wall signs;provided,that lighting or glare does not extend beyond the property line. B.Electronic signs shall be permitted on the same basis as other signs,subject to the requirements of Table 22.110- 1.All electronic message centers(EMCs)are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night.Written documentation that the EMC is equipped with the automatic dimming device shall be submitted with the sign permit application. C.A roof-mounted sign may be substituted for an allowed freestanding sign;provided,that the height of the sign structure may not exceed the maximum height requirements of the zoning district in which the sign is located. D. Signs located within the airport hazard area shall conform to the location and height regulations set forth in SVMC 19.110.030,Airport Hazard Overlay zone. E.No sign shall be erected,relocated or maintained in a manner that prevents the free ingress or egress from any door,window or fire escape. F.No sign shall be attached to a standpipe or fire escape except official signs. G.Any sign erected or maintained within five feet of public rights-of-way shall be smooth and free of nails,tacks and wires. H.All signs shall be maintained in good repair pursuant to SVMC 22.110.110. I.No sign shall block the view of fire protection equipment from approach.(Ord. 12-013 § 1,2012;Ord.07-015 §4, 2007). 22.110.070 Comprehensive sign plan. Commercial development,shopping centers,industrial parks,mixed use developments,and hotel conference centers exceeding five acres in size may seek approval of a sign plan specific to the proposed development.The director may approve a comprehensive sign plan that allows deviations from the strict interpretation of spacing,height and area requirements when the following is demonstrated: A.The plan provides adequate signage for all proposed uses;and B.The plan limits the number of freestanding sign structures;and C.The total copy area of all signage does not exceed the amount which would otherwise be permitted. Any conditions imposed to secure approvals shall be binding on the applicant,his successors and assigns. Modifications/amendments to the approved sign plan shall require reapplication and approval by the director.If the applicant and director cannot come to an agreement as to a comprehensive sign plan or a modification/amendment to the same,the director's decision may be appealed to the hearing examiner pursuant to Chapter 17.90 SVMC.(Ord. 07-015 §4,2007). 22.110.080 Aesthetic corridors. A.The standards applicable to monument signs shown on Table 22.110-1 shall apply to parcels adjacent to aesthetic corridors designated in the Spokane Valley Comprehensive Plan: 1. State Route 27(16th Avenue south to City limits); 2. State Route 27(Mansfield Avenue to Trent Avenue); 3.Appleway Boulevard(south side only from Park Road to Dishman Mica Road); 4.Appleway Avenue(Barker Road to Hodges Road); 5.Dishman Mica Road(8th Avenue south to City limits); 6. 32nd Avenue within the City limits; 7.Mirabeau Parkway(Pines Road to Indiana Avenue). B.Only monument signs as shown on Table 22.110-1 shall be allowed with designated aesthetic corridors.(Ord.07- 015 §4,2007). 22.110.090 Sign location and front setbacks. A.Monument signs exceeding three feet in height shall be setback 10 feet from the front property line and outside any border easement;provided,that the requirements of Chapter 22.70 SVMC,Fencing, Screening and Landscaping,(clearview triangles)have been met. B.Freestanding signs with structural supports less than two feet in width,with copy area placed at a height of seven feet or more above grade,may be located at the property line;provided,that the requirements of Chapter 22.70 SVMC,Fencing,Screening and Landscaping,(clearview triangles)of the Spokane Valley ttnifefm d° Muncipal-eCode have been met.Freestanding signs with structural supports of more than two feet shall be set back not less than 10 feet from the front property line or border easement. C.All temporary signs,except inflatable signs,shall be located at least five feet from public rights-of-way. D.Inflatable signs shall be set back at least 10 feet from public rights-of-way. E.All signs shall meet the vertical and horizontal clearance requirements of electric utilities. F.All new freestanding signs shall be located in a landscaped area in accordancecomply with SVMC 22.70.030(J). Landscaping should ensure that signs are not blocked or obscured by trees or bushes. (Ord. 07 015 § 1,2007). 22.110.100 Sign area calculation. A. Sign area for wall signs shall be no more than 25 percent of the two-dimensional area of a building's elevation, excluding eaves and gables.Refer to Table 22.110-1. L PETE'S PRO GOLF _-_. .--. ---- Figure 22.110-1 SIGN Maximum Height Minim Lim Height lir Prwery Line Figure 22.110-2 II 4 ra,xsr,inI-N gh1 ScFDp_Y, q— Prep my Lm Figure 22.110-3 B.The sign area of a freestanding sign for a single business shall be calculated as shown in Figure 22.110-2.The sign area of a freestanding sign identifying multiple businesses shall be computed by adding together the total area(s)of all signs as shown in Figure 22.110-3.Refer to Table 22.110-1 for minimum and maximum height requirements. C.The sign area for multiple-sided signs shall be calculated as follows: 1.The total sign area for a two-sided sign shall be calculated using a single surface of a sign with messages on both sides; 2.The sign area for a three-sided sign shall be the sum of all surfaces where two or more signs share a single structure; 3.The gross surface area of both faces of a V-shaped sign; 4.The copy area of a monument sign. D.For irregularly shaped signs,the sign area is calculated by enclosing the extreme limits of the sign by no more than four rectangles.The sum of the area of the rectangles shall be the gross surface area.The maximum allowable area is reduced by 10 percent for the second and each subsequent rectangle used in the calculation,illustrated below. 8 A -slue D 1.Conventional Measurement.Total area=a times b. 2. Sum of Rectangles.Total area=(Area A+Area B+Area C+Area D). (Ord. 07-015 §4,2007). 22.110.110 Maintenance of signs. A.All signs shall be maintained in good repair.The director shall have the authority to revoke any permit for signs that are tattered,torn,faded or otherwise in disrepair,and may require the removal of banners,flags,reader boards, pennants and streamers which are torn,discolored or in disrepair. B.All signage shall be maintained by the business owner,or person in possession of the property on which the sign is located.Maintenance shall be such that the signage continues to conform to the conditions imposed by the sign permit. C.Any damaged sign structure shall be repaired within 30 days of notice. D.Any signage which has been damaged to such extent that it may pose a hazard to passersby shall be repaired or removed within 48 hours of notice. E.Any abandoned sign shall be removed by and at the expense of the property owner within 60 days of notice. F.Any abandoned sign support structure shall be removed within 36 months by the owner or lessee of the premises upon which the sign is located.(Ord.07-015 §4,2007). 22.110.120 Existing nonconforming signs. Any permanent sign made nonconforming as a result of the adoption of these regulations may be repaired,but not structurally altered or made more nonconforming in any way.If the sign is removed in order to make repairs,it shall be replaced within 60 days,or any nonconforming rights are terminated.Thereafter,the sign shall conform to the requirements of this chapter. Notwithstanding other provisions of this section,any sign or signs for which a temporary permit has been issued by the City shall be permitted to remain at the location or locations authorized by the permit for as long as the permit is valid and all the requirements of the permit have been met.(Ord.07-015 §4,2007). 22.110.130 Billboards. A.New billboards shall be prohibited;provided,however,that existing billboards may be replaced at another location with a structure and copy area of equal or smaller size in mixed use and nonresidential zoning districts except(NC)Neighborhood Commercial zoning districts as follows: 1.Replacement billboards shall not exceed the height limit in the underlying zoning district,with a maximum height limit of 50 feet in any zone; 2.No replacement billboard shall exceed 672 square feet in copy area; 3.Any replacement billboard may not be placed less than five feet from the property line.No portion of the sign shall extend beyond the property line; 4.No billboard may be located within 1,000 feet of another billboard on the same side of the street.Any replacement billboard shall be offset from any billboard on the opposite side of the street by not less than 250 feet.Offset distance shall be measured from a point perpendicular to and along the alignment of the roadway; 5.The owner of the billboard shall file a complete inventory of all billboards located within the City, including date erected,height,size and location; 6.Issuance of a permit for billboard replacement shall be accompanied by a permit for the destruction or removal of the billboard to be replaced;and 7.Any billboard that is not replaced within 5 years64-menths following the issuance of a demolition/removal permit shall not be replaced. B.Replacement billboards shall not be permitted along designated aesthetic corridors.(Ord. 07-015 §4,2007). Home LIL CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 13,2013 Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ® admin.report ❑ pending legislation FILE NUMBER: CTA-2013-0005 AGENDA ITEM TITLE: Study session—Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: A city initiated text amendment proposing to amend Spokane Valley Municipal Code (SVMC) 22.60 to streamline the outdoor lighting standards by eliminating the watts per square foot lighting limit, eliminating redundant provisions, eliminating the requirement for a photometric plan, adding a requirement for a lighting plan, more clearly addressing outdoor recreation facility lighting and adding two additional exemptions. GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: None. BACKGROUND: The proposed amendment addresses the following areas in the SVMC: 1. Eliminates redundant references to the Washington State Energy Code; 2. Eliminates the watts per square foot standard as a means to limit luminosity; 3. Eliminates the height restrictions on light poles; 4. Eliminates the requirement for a photometric plan; 5. Establishes the requirement for a lighting plan; 6. Establishes additional recreational facility lighting standards; 7. Establishes two new outdoor lighting exemptions. Draft amendment language to SVMC 22.60 has been included in Attachment A of the Request for Planning Commission Action (RPCA). RECOMMENDED ACTION OR MOTION: No action recommended at this time. The Planning Commission will conduct a public hearing and consider the proposed amendment on June 27,2013. STAFF CONTACT: Martin Palaniuk,Planner ATTACHMENTS: A. Staff Report and Findings CTA-2013-0005 CTA-04-12 RPCA for Study Session ATTACHMENT A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION SjOkane alle STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA-2013-0005 STAFF REPORT DATE: June 5,2013 HEARING DATE AND LOCATION: June 27, 2013, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. PROPOSAL DESCRIPTION: A city initiated text amendment proposing to amend Spokane Valley Municipal Code (SVMC) 22.60 to streamline the outdoor lighting standards by eliminating the watts per square foot lighting limit, eliminating redundant provisions, eliminating the requirement for a photometric plan, adding a requirement for a lighting plan if deemed necessary by the building division, and adding two additional exemptions. PROPONENT: City of Spokane Valley Community Development Department, 11707 E Sprague Ave, Suite 106, Spokane Valley,WA 99206 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION: The Planning Division recommends the Planning Commission approve the proposed amendments as put forth. STAFF PLANNER:Martin Palaniuk,Planner,Community Development Department REVIEWED BY: Scott Kuhta,AICP, Planning Manager, Community Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC 22.60 A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Pre-Application Meeting: N/A Application Submitted: N/A Determination of Completeness: N/A Published Notice of Public Hearing: 6/7/2013 and 6/14/2013 Sent Notice of Public Hearing to staff/agencies: 6/7/2013 Staff Report and Recommendation CTA-2013-0005 2. PROPOSAL BACKGROUND: The proposal is to modify Spokane Valley Municipal Code (SVMC) Chapter 22.60, Outdoor Lighting Standards. The intent is to streamline the development review process and remove unwarranted lighting requirements. The proposed amendment will eliminate the lighting limits for covered parking,open parking and outdoor areas. These areas were limited to 0.20 watts per square foot of lot area. Newer lighting fixture technology has made the use of input wattage as a measure of brightness,or luminosity, outdated. New lighting fixtures have increased the lumens, a measure of the amount of brightness a light fixture emits,while reducing the amount of watts required. Limiting the watts per square foot is an inconsistent method of limiting the brightness emanating from a site. The amendment will also remove the lighting limits on building exterior and landscape lighting. The current code limits the watts per square foot of building façade or per linear foot of building perimeter. Restrictions on the maximum height of pole-mounted outdoor lighting fixtures are removed as part of the proposed amendment. This requirement did not seem reasonable based on a new proposed standard of not allowing any unshielded light trespass to occur between incompatible uses. In order to meet the new standard,development should self-limit the height of light poles. The proposed amendment changes the previous standard of no light trespass across any bounding property line between incompatible uses or into the public right-of-way. It is difficult for development to completely eliminate all light trespass. Staff is not trained or educated to evaluate or measure whether proposed development is meeting the no light trespass standard. The new standard will require that no unshielded light trespass may occur across the boundary, seeking to eliminate the glare from outdoor lighting while allowing some light trespass to occur. This standard appears to be consistent with surrounding jurisdictions. Development is required to meet all the requirements of the Washington State Energy Code. Restating the requirements in the SVMC is redundant. The amendment will remove these redundant references. The current SVMC requires any application for development to submit a photometric analysis of the lighting effects prepared by a qualified engineer. The reason was to determine if any lighting trespass would occur across the bounding property lines. The proposed amendment will require the building division to evaluate the development application during the pre-application phase of the permit process and determine if a lighting plan will be required. If a lighting plan is required then it must show the location of the fixtures and type of shielding being used. A photometric analysis will not be required because the new applicant no longer must show that no light trespass will occur on adjacent properties. The proposed amendment removes the restriction on the height of walkway lighting. Walkway lighting will still require shielding to eliminate off-site glare. The proposed amendment will eliminate the requirement for outdoor arenas, stadiums and playfields to turn off lighting within 30 minutes of completing an event. This requirement has not been actively enforced and no compliance issues have arisen. Two additional exceptions to the outdoor lighting standards will be added as part of the proposed amendment; in-pool lighting for private swimming pools and holiday decorations. B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions)of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F)Municipal Code Text Amendment Approval Criteria Page 2 of 4 Staff Report and Recommendation CTA-2013-0005 i. The City may approve Municipal Code Text amendment,if it finds that (1) The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Analysis: The proposed amendment is consistent with the applicable policies of the Comprehensive Plan. The amendment is consistent with the Comprehensive plan goals for encouraging a mix of commercial and residential uses, providing affordable housing options, maintaining a flexible and consistent regulatory environment, and preserving and protecting neighborhoods. Relevant Comprehensive Plan goals and policies are shown below: Land Use Policy-1.2 Protect residential areas from impacts of adjacent non- residential uses and/or higher intensity uses through the development and enforcement of the City's land use regulations and joint planning. Land Use Policy -13.1 Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Housing Policy HP-1.1: Consider the economic impact of development regulations on the cost of housing. Housing Policy HP-1.2: Streamline the development review process and strive to eliminate unnecessary time delays and expenses. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. Economic Policy EDP-7.1: Evaluate,monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable,cost-effective, and expeditious. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity,consistency and predictability. Neighborhood Goal NG-2: Preserve and protect the character of Spokane Valley's residential neighborhoods. Neighborhood Policy NP-2.1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. Neighborhood Policy NP-2.2: Review and revise as necessary,existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units, and in-fill development. (2) The proposed amendment bears a substantial relation to public health, safety, welfare,and protection of the environment; Staff Analysis: The amendment bears substantial relation to public health, safety, welfare and protection of the environment. The proposed amendment will streamline the outdoor lighting development review process and provide flexibility in lighting choices. The requirement to shield lighting trespass will minimize glare and mitigate off-site impacts. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC. Page 3 of 4 Staff Report and Recommendation CTA-2013-0005 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Public noticing has not been initiated for CTA-2013-0005 as of this date. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): No concerns are noted. C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION The Planning Division, after review and consideration of the applicable approval criteria, recommends the approval of the proposed amendment to eliminate the maximum watts per square foot requirement, eliminate references to the Washington State Energy Code, remove height restrictions on pole-mounted and walkway lighting, eliminate the no light trespass standard and replace it with a no unshielded light trespass standard, eliminate the requirement for a photometric analysis and replace it with a lighting plan if required by the building division, eliminate the 30 minute turn-off after an event requirement for outdoor arenas, and except in-pool swimming pool lighting and holiday decorations from the outdoor lighting standards. Page 4 of 4 Chapter 22.60 OUTDOOR LIGHTING STANDARDS Sections: 22.60.010 Purpose. 22.60.020 Application. 22.60.030 General requirements. 22.60.040 Prohibited lights. 22.60.050 Exceptions. 22.60.060 Temporary lighting. 22.60.010 Purpose. The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages energy conservation and prohibits lighting creating a nuisance for adjacent property owners. (Ord. 07-015 §4, 2007). 22.60.020 Application. The requirements of this chapter and the Washington Energy Code(Chapter 51 11 WAC) apply to outdoor lighting requirements for all developments except one- and two-family dwellings and public street lighting. (Ord. 07-015 § 4, 2007). 22.60.030 General requirements. The installation of new outdoor lighting or the extension, modification or expansion of existing outdoor lighting is subject to the following requirements: A. The lighting allowance for covered parking, open parking and outdoor areas shall not exceed 0.20 e._. per square foot for covered residential parking when ceilings and walls are painted or stained with a reflectance value of 0.70 or higher. B. The lighting allowance for building exteriors, including landscaping lighting, shall not exceed either 0.25 watts per square foot of building facade or 7.5 watts per linear foot of building perimeter. C. The maximum height of pole mounted outdoor lighting fixtures shall not exceed /12 feet in Regional Commercial and industrial zoning districts and 35 feet in all other districts. A. All outdoor lights shall include a light source and reflector that controls the light beam so that unshielded na light does not extends across any bounding property line between incompatible uses or into the public right-of-way, CTA-2013-0005 Proposed Text Amendment Page I 1 II 9-rtirSf cKp TA19LE - v ysi^ - V...,, Pi ee'0I4 . .N..I;hbyr. rrnp.rty IrrACCLF'I'AfI.F. -. .,, xnEdxT 13-. --' - d M airy Ica, Yeul 1-....r11!+ ry•tigh4.nr• Frny. -'+ E. Outdoor lighting fixtures shall be designed so that the light source is shielded at any bounding property line except where topographical characteristics make this impossible. L!'VAC::[1F.FTr1E3Z,F. ACCEFTAIZI,'; it�l.u,__mi7l{I, wud , � rr• AMU,F W11111111111{11411!0 'pI1111 a Y III I! �I{11l Fluk F. All outdoor lighting systems shall be equipped with automatic switches conforming to the requirements • -:- _• - -.c. e •= Washington Energy Code. G. A4�Aapplications for building permits for commercial development will be evaluated by the city to determine if a lighting plan is required. If required, the plan will include the following: shall be 1. A site plan showing the location of all outdoor light fixtures 2. The type and method of shielding for each light fixture. CTA-2013-0005 Proposed Text Amendment Page 12 H. The mounting height of walkway lighting shall not exceed 12 feet and all fixtures mounted at a height of more than eight feet shall be fully shielded. I. Lighting designed to accent landscaping features or architectural elements, including the illumination of pole-mounted flags of the United States, shall be concealed or positioned so that the light source is not visible at adjacent property lines. J. Lighting for outdoor arenas, stadiums and playfields shall not remain on longer than 30 minutes following the end of the event. (Ord. 07 015 §/1, 2007). 22.60.040 Prohibited lights. The following lights are prohibited unless a temporary permit is obtained for specific events with specific times of operation: A. Laser source light, strobe lights and similar high intensity light sources, except those associated with approved activities of the City of Spokane Valley. High intensity lights for which a temporary permit is issued shall not project above the horizontal plane nor extend into the public right-of-way. B. Searchlights. (Ord. 07-015 § 4, 2007). 22.60.050 Exceptions. A. Navigation and airport lighting required for the safe operation of boats and airplanes. B. Emergency lighting required by police, fire, and rescue authorities. C. Lighting for state and federal highways authorized by the Washington State Department of Transportation. D. Internal lighting of permitted signs. E. Outdoor lighting for public monuments. F. In-pool lighting for private swimming pools G. Holiday decorations (Ord. 07-015 §4, 2007). 22.60.060 Temporary lighting. The building official may authorize temporary exceptions not to exceed 30 days for good cause shown. (Ord. 07-015 §4, 2007). CTA-2013-0005 Proposed Text Amendment Page 13 Spokane Valley Planning Commission DRAFT Minutes Council Chambers— City Hall, 11707 E. Sprague Ave. May 23, 2013 I. CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates-Chair x John Hohman, Com Development Director Joe Stoy—Vice Chair x r Erik Lamb,Deputy City Attorney Steven Neill x r Kevin Anderson x r Mike Phillips x r Robert McCaslin x r Christina Carlsen x r Cari Hinshaw, Secretary IV. APPROVAL OF AGENDA Commissioner Stoy moved to approve the agenda as presented, a second was made and the motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Stoy moved to approve the May 9, 2013 minutes as presented, a second was made and the motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Carlsen reported that she attended the open house for the proposed park and library concept. She stated there was a large turnout and there was a lot of good information for the public. Planning Commission Minutes Page 1 of 7 Commissioner Bates reported that he attended the dedication ceremony for the Gateway Sign on May 15, 2013. He commented on the big improvement to that area. On May 16, 2013, he also attended the Smartgov presentation for the City's permitting software. He stated it was very interesting and well attended. VIII. ADMINISTRATIVE REPORTS Community Development Director John Hohman gave an update on the Shoreline Management program. He stated that they are working diligently on the development regulations and getting closer with a much better draft. He explained that the draft needs to be sent out to the Department of Ecology (DOE) by next week in order to be in compliance with the grant that the City has with DOE. Mr. Hohman also stated that they are looking to start the adoption process. He suggested that there be a combined City Council/Planning Commission meeting with just the Shoreline Management topic on the agenda, which would be an Administrative Report by staff, the consultant team, and Tadas Kisielius. Mr. Hohman stated that they would have to look at some dates and he would get back with the Planning Commissioners. IX. COMMISSION BUSINESS A. Unfinished Business: Findings of Fact: 2013 Comprehensive Plan Amendments Commissioner Neill moved to approve the Findings of Fact for the 2013 Comprehensive Plan Amendments as presented, a second was made and the motion passed unanimously. B. New Business: Public Hearing: CTA-2013-0004, Amendment to the Spokane Valley Municipal Code, Amending Sign Regulations. Commissioner Stoy made a motion to withdraw the Planning Commission's previous motion "to proceed with CTA-2013-0004 to City Council," which was originally voted on April 11, 2013 and passed unanimously by the Commissioners then present. A second was made and the motion was passed unanimously. Chair Bates opened the Public Hearing at 6:18 PM Community Development Director John Hohman provided a brief overview of the materials for CTA-2013-0004 sign code amendments and went over the changes as attached in the draft materials for the sign regulations. Questions and Comments: Under 22.110.090 section F: (Signs shall not be blocked or obscured by trees or bushes.) Commissioner Stoy stated that after about five or six years after initial planting, trees are going to become bigger trees and those signs will probably end up being blocked by the trees. Commissioner Carlsen asked if Mr. Hohman found out about any other jurisdictions and their sign ordinances. Mr. Hohman stated that Spokane County prohibits most temporary signage although there is not a lot of enforcement on reader boards and other temporary signs. He said that the City of Spokane is flexible and does not regulate much temporary signage, while the City of Liberty Lake does. Regarding 22.110.050 section C: (Additional banners or temporary signs advertising a special event, sale, promotion, opening of a new business or a business under new Planning Commission Minutes Page 2 of 7 management, including banners, balloons, pennants, flags with copy, streamers, seachlights and inflatables are allowed by temporary permit for a period of time not to exceed 60 days a maximum of two times in any calendar year.) Commissioner Carlsen asked if the balloons are meant for places like car lots. Mr. Hohman stated that it would cover something like a big event, not every day balloons in a car lot. Commissioner Bates commented on banners and different businesses such as the gas station at the Fred Meyer location on Sullivan, and asked Mr. Hohman if that location counted as one business or more than one business. Mr. Hohman responded it would be counted as separate functions which would allow banners for both locations. Public Comments: Steve Wineinger 1124 N. Freya Spokane WA 99202. Mr. Wineinger stated the following concerns: 1. Section 22.110.030 Permit required. Section C, line 3. (The location of all existing signs on the site including size and height.) Mr. Wineinger proposes that that requirement would be limited to freestanding signs. He stated whenever a wall sign permit is pulled for a business that is in a strip mall or shopping center, that business gets 25% of the wall area in their lease space. Therefore, if a place such as the Valley Mall has a business that has an exterior space, under the requirement the sign company would have to survey every sign on that property. In addition, the business may only be leasing a portion of the area. He stated that when he pulls a permit, he has to give the square footage of the wall, when they are allowed only 25% of that area. Mr. Wineinger stated the way that the amendment above is worded, it would require the sign companies to measure every sign on the entire property, which would add hours of work to each permit. He stated it would be irrelevant and unnecessary. 2. Section 22.110.030 Section D, paragraph 1. (signature is required on each construction drawing for signs over 30 feet in height, pole and monument signs over 100 square feet in sign area regardless of height, flag signs over 10 feet in height.) Mr. Wineinger, asked that the Planning Commission strongly consider passing this new addition. He said his concern is with paragraph 2. (Special inspection agency agreements, signed by the owner and special inspection agency are required for sign construction with concrete over 2500 psi, on site welding, or high strength bolting.) Mr. Wineinger said he wants to propose there be a stamp that puts the verbiage on the permit apps it shows as follows: (If there is high, strength concrete/bolts required that the customer must conform to the requirements as called out by the engineer, all welds must be conformed to spec.) He also stated that you could also require that a receipt from the concrete truck be turned in with the permit. The reason for his request is that five percent of signs are match plate welded to the pipe, like a bolt together kit. This way is very expensive. In addition, 95% of signs are a pole in the ground, with the sign built on it. The sign in the middle has steel pipe pockets. The sign is slid over the pipe, it's squared, leveled and than welded into place. Commissioner Anderson stated he does not see any reason for high strength bolting, but if an engineer required it, there are only two options: One is the turn of the nut method, where they have to watch you bolt it down; and the other is the spline sacrifice bolt. The spline snaps off when the torque is at a certain level and he said that nobody does Planning Commission Minutes Page 3 of 7 that unless they can afford the machine that does it. He also stated there is an area in there where inspection can be very expensive and produce zero net gain in the steel side of it. Commissioner Anderson stated he agrees with Mr. Wineinger and stated he has experience in this area. Commissioner Stoy stated that if an engineer that requires high strength bolting in the structural plans than why you wouldn't incorporate those cost at that point. Mr. Wineinger stated that in the sign business he has never been required to have high strength/bolts concrete, except for the main stadium scoreboard for WSU. Community Development Director Hohman stated he will need to consult with the building official for this section. He said they would evaluate Mr. Wineinger's comments and provide additional information for the Planning Commission. 3. Section 22.110.090 Paragraph F. (All new freestanding signs shall be located in a landscaped area in accordance with SVMC 22.70.030.) Mr. Wineinger stated he does not know of any other municipalities that he pull permits in, when landscaping is required to get a sign permit. He proposed that paragraph (F) be removed. He commented if you have a business that does not have landscaping and has no area for landscaping, than the sign has to go in the parking lot because that is all they have. Mr. Hohman said he wanted to discuss Mr. Wineinger comments on the first section. He stated that he understands Mr. Wineinger comments, but he would like to focus on the individual site. He stated if the item is changed to only free standing than you would be missing out on a lot of information, so maybe it should be clarified such that it would direct them to the specific businesses that are coming in and for the specific permit application. Regarding the welding and special inspections, Mr. Hohman stated he would get back to the Planning Commission with more information. On the landscaping portion he stated that has been in the code previously and the language on the second line was to clarify that. Mr. Hohman explained that Planning Commission might just want to remove that second sentence (Signs shall not be blocked or obscured by tress or bushes) since it is not necessary to include in that section. There were no further comments and Commissioner Bates closed the Public Hearing at 7:10 PM Motion: Commissioner Stoy moved to approve and forward to the City Council CTA-2013- 0004 as presented, a second was made. Discussion: Commissioner Anderson commented on the verbiage in item C, 3. He asked if it could be solved by just putting: (The location of all existing signs on the business's possessive site.) so if you have a strip mall of businesses maybe that would apply. Commissioner Stoy disagreed. He stated he thinks it's asking if there is more than one sign at that particular site and not necessarily a mall sign where there are ten or twelve tenants. Concerning multiple signs on the site, he stated that it should stay in there. Commissioner Anderson stated if you have one business then it's irrelevant because it is one business per site, and asked if you have a mall with multiple tenants does the sign code apply to each tenant or does it apply to the mall owner? Commissioner Stoy stated that it is asking for a sign site plan. Deputy City Attorney Lamb and Community Development Director Hohman recommended that the Planning Commission could deliberate further to modify the language to say (The location of all existing signs on the site for the subject business, including size and height.) Planning Commission Minutes Page 4 of 7 There was discussion to have business removed and replaced with applicant. Everyone agreed. Commissioner McCaslin commented about the specifics of the special inspection section and wanted to know who does the special inspection agency agreements. Commissioner Stoy responded that there are several in the City like GEO Tech Engineers, Budinger and a few more; and said they are very expensive. Commissioner Stoy stated that if special inspections are not required by the engineer and the plans state that the welds are as per AWS or per WABO he is fine with that, but he stated it needs to say something like: (if special inspections are required by the engineer.) Commissioner Carlsen commented on the temporary signs section A. She stated that she likes the old verbiage better and that the new verbiage brings too much clutter, and said that taking into account the size of the parking area, might be good. Commissioner Carlsen also stated with a strip mall, it's too many signs. Commissioner McCaslin disagreed with Commissioner Carlsen and said he does not want this to set a precedent to have to legislate it, when private citizens should be the ones to make their formal complaints with the businesses if there are too many signs. Commissioner Neill stated that he agrees with the new changes and that if business don't like so much sign clutter than they can make a complaint. Commissioner Bates stated he is pro-business and that they need to do everything they can to make the City business friendly. He stated that some will abuse this, but feels comfortable with the City's Code Enforcement employees. He stated that most businesses are abiding by the rules. Commissioner Bates shared that overall it's very good, and the business friendly sign regulations that will be enforced by the City's code enforcement officers. Commissioner Bates also commented on the display times for frames. Concerning Temporary Signs number 3, he stated he does not believe that it's abused very much, and would like number three taken out. He said he does not think business owners are taking the sign in and don't need to. Commissioner Phillips stated that in downtown Issaquah they don't have any signs, it's very laid back. He commented that he would not go into Issaquah because he does not know where anything is without the business signs. He is for the new sign code and believes we do not need to police the clutter. Planning Commissioners discussed the wording under temporary signs, paragraph A. Six Planning Commissioners wanted to keep the two signs verbiage and one Planning Commissioner wanted it to stay with one sign shall be allowed at any one time. Under 22.110.090 paragraph, F. Planning Commissioner Stoy stated that the second sentence should be stricken. (Signs shall not be blocked or obscured by trees or bushes.) He explained when a sign is placed in the landscaping strip, five to ten years later, the trees will have grown and you will not be able to see the sign, so they will be cutting the trees off at twenty feet. Commissioner Carlsen asked about the procedure for striking an ordinance. Deputy City Attorney Lamb explained that if they strike the second sentence, then it would show up as an amendment, and that the ordinance just references the provision. Commissioner Bates called for a five-minute break; he resumed the meeting at 7:42 PM Community Development Director Hohman displayed the actual code provision that was referenced in the sign code. Mr. Hohman stated that the sentence that is being discussed in the sign code is just a reference to the landscaping code provision, which shows the requirements for free standing signs, and is not in the scope of what was being discussed. He stated if the provision is stricken, the landscaping code still applies. Commissioner Stoy expressed concern about signs being placed and then being blocked five years later. Mr. Planning Commission Minutes Page 5 of 7 Hohman stated the purpose for a review for landscaping is to make sure that any signage and street trees do not conflict; also reviewed are site triangles at driveways to make sure the landscaping does not interfere with the public's ability to get in and out of that business without getting into an accident. Commissioner Stoy asked if a remodel is classified a new development. Mr. Hohman stated, not according to what they are doing. He stated that his interpretation is (new freestanding signs, serving a new development), which is a new building in a new development would follow the proposed code. Mr. Lamb asked the Planning Commission to look at (F) in the sign code regulations (requires that new signs be located in accordance with 22.70.030 (J)), particularly to look at (J4) (new sign structures on a fully developed site are exempt from landscaping). Mr. Lamb commented that he reads that as (J) provides for that instance and if you had an existing building and they wanted to put a new sign on there, it would not be required to meet the landscaping requirements. Commissioner Phillips stated if it read (all new freestanding signs shall be located in accordance with 22.70.030 (J)) than that solves the problem, but not as long as it reads (shall be located in a landscape area in accordance with). He stated that once you have a landscaped area then you're fighting a battle to prove that you don't have to have a landscaped area and he said he would like the landscaped area taken out. Commissioner Carlsen stated that maybe it should state (shall be located in areas in accordance) and (just take out the landscape). Mr. Lamb stated that since (J) does not address where to locate the sign, rather than modifying it to state (located in accordance) perhaps it should read (all new freestanding signs shall comply with SVMC 22.70.030 (J)). He said that accomplishes what Commissioner Phillips wants and there would be no confusion to where the sign is located. All Planning Commissioners agreed. Mr. Hohman asked for clarification from the Planning Commission on Section 22.110.090 Paragraph F. Mr. Hohman asked if the Planning Commission wanted to leave the sentence as stated. (sign shall not be blocked by trees or bushes). Through discussion the Planning Commission decided to leave the sentence in the ordinance. Commissioner Bates said there needs to be some clarification on Special inspections agency agreement. Mr. Hohman recommended to continue deliberations to the next meeting. Mr. Lamb stated to Commissioner Bates that he had mentioned about the display time for the (A) frames. He stated he wanted to make sure what the Commissioners consensus was on that. Temporary Signs, section E,paragraph 3. (Display Time. Signs may shall only be displayed during business hours. If business hours continue past daylight hours, precautions should be taken to place the sign in a lighted area. This shall not be construed to allow the wiring of a sign for lighting.) Mr. Phillips asked about the word (may) instead of replacing it with (shall). Mr. Lamb stated that (shall) was to bring it into conformity with how they provide mandates with the rest of the code. Commissioner McCaslin asked about the words (only out) and have (may) by itself. Mr. Lamb responded it would not make it a mandate, it would then be optional displayed and you would still have the after daylight hour precautions being in a lighted area after dark. Mr. Lamb stated that the consideration would be the next section 3, take out the first sentence, and rework the second sentence to read(if the sign is displayed passed daylight hours, precautions should be taken to place the sign in a lighted area). Planning Commissioners agreed to take out the first sentence. In addition, they all agreed to replace with (Display Time. If the Planning Commission Minutes Page 6 of 7 sign is displayed past daylight hours, precautions should be taken.) Planning Commission all agreed. Commissioner Bates asked if there were any more questions. Commissioner Bates stated the Special inspections discussion would resume at the next meeting. Commissioner Stoy thanked Mr. Lamb for his insight during the meeting. X. GOOD OF THE ORDER There was nothing for the good of the order. XI. ADJOURNMENT Commissioner McCaslin moved to adjourn, a second was made, and the motion was passed unanimously There being no other business the meeting was adjourned at 8:00 p.m. Bill Bates, Chairperson Cari Hinshaw, PC Secretary Date signed Planning Commission Minutes Page 7 of 7