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HomeMy WebLinkAboutMinutes 02/28/2007 I. II. III. IV. . V. VI. VII. VIII. . ~ORTANGELES WAS H I N G TON, U. S. A. AGENDA PLANNING COMMISSION 321 East Fifth Street February 28, 2007 6 p.m. CALL TO ORDER Pledge of Allegiance led by Chair ROLL CALL APPROVAL OF MINUTES: Regular meeting of February 14, 2007 PUBLIC HEARING: Conditional Use Permit - CUP 07-01 - Gase. KT Development. LLC. 108 Del Guzzi Drive: Request for an off-premise advertising sign in the Commercial Arterial Zone. COMMUNICATIONS FROM THE PUBLIC STAFF REPORTS REPORTS OF COMMISSION MEMBERS ADJOURNMENT ,',- ,h PLANNING COMMISSIONERS Chene Kldd (Chmr), Dave Johnson (Vlce Chalr), Kevm Snyder, John Matthews, Stanley Hams, Werner BeIer, Doc ReISS PLANNING STAFF Mark Madsen, DIrector, Sue Roberds, Plannmg Manager, Nathan West, Pnnclpal Planner, Scott Johns, ASSOCIate Planner . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 28, 2007 6:00 p.m. ROLL CALL Members Present: Dave Johnson, Kevin Snyder, John Matthews, Stanley Harris, Werner Beier, Doc Reiss Members Absent: Cherie Kidd Staff Present: Sue Roberds, Nathan West, Mark Madsen Public Present: Dan Gase, Cathy Love, Kent Thomas, Gred Woodland CALL TO ORDER Salute to the Flag was led by VIce Chair. Johnson '.' \1 APPROVAL OF MINUTES Commissioner Snyder moved to approve the February 14, 2007, regular meeting minutes as submitted. The motion was seconded by Commissioner Beier and passed 6 - 0 with Commissioner Reiss abstaining due to.absence at the meeting. PUBLIC HEARINGS: ,l I Vice Chair Johnson opened the public.h~aring portion of the meeting and indicated that those who testify must sign the "Sign In" log and affirm that their testimony will be truthful to the best of their knowledge. CONDITIONAL USE PERMIT - CUP 07-01 - THOMAS - 108 Del Guzzi Drive: Request to allow an off premise sign ~1.1 the Commercial Arterial zone. ,-.. 1, Planning Manager Sue Roberds. reviewed the Department report recommending approval of the conditional use permit subject to one condition. Lengthy discussion followed regarding the nonconforming sign and other similar signs in the area. The accumulation of free standing signs at the subject intersection was discussed, and it was noted that the Joshua's Restaurant sign was erected through a vm;:iance,process due to the business location not being readily visible from the arterial street. . '. . Staff responded to continued questions regarding the basis for the application, and in summation, answered that the issue of visi~ility is key to the continued success of the Best Western Olympic Lodge activity. Signage was not reviewed by the seller and buyer during the recent sale action, and the matter was not reviewed by staff prior to inquiries as to new sign age for the site. It was noted that the subject sign was legally permitted at the time of placement and only became nonconforming following the re~ent sale of the property. . . . Planmng CommISsIOn Mmutes February 28, 2007 Page 2 City Manager Mark Madsen added ttIat similar rationale as that proposed staff in this instance was used when the Joshua's Restaurantoff-premise signage was permitted. Vice Chair Johnson opened the public hearing. Dan Gase, 711 Diamond Vista, Port Angeles noted that while he is listed as the applicant on the application, he is actually the applicant's representative. Mr. Gase reiterated that although the sign is currently nonconforming, it was placed legally under the permitting process. The new property owner is planning a very attractive commercial center on the site, and has agreed to leave the pre existing sign,for use by the previous property owner who is also the adjacent Lodge owner. He described the proposed pedestal mounted signage planned for the new commercial site as being approximately fifteen (15') tall and said that it is intended to blend with the northwest environment of the area and complement other business development in the area. He hoped the Commission would act favorably on the request. Greg Woodland, 5052 Woodcock Road, Sequim, Washington, General Manager of the Best Western Olympic Lodge stated that Lodge owner Todd McClaskey could not be present. He would represent the Lodge interests. He stated that at least twenty-five (25%) of the Lodge customers are walk-ins that he believes is a direct result of the subject free standing sign. He stated that removal of the sign would resulhn a significant impact to the business. He asked that the permit be approved as proposed. " : : . In response to a question from the ~ Commission, as to possible consolidation of site signage that would include information regarding the Lodge location with the new commercial development, Mr. Woodland answered that,.,he ,did not believe such consolidation would not accomplish the intent of either property owner. The Lodge intent is to stand out independently from other uses. Kent Thomas, KT Development, 6212 Cascade Drive, Ferndale, Washington, is the developing company on the subject sIte. He provided further detail of the proposed pedestal SIgn for the current development of the site and l\loted that placement of the new sign would be approximately 150' west of the existing free ,standing sign and not clustered in the same area as the existing signs. The new sign would be approximately one-half the height of the existing free standing sign, and would consolidate all site signage on the single sign. As the property owner, he asked that the permit be approved. There being no further discussion, Vice Chair Johnson closed the public hearing. The Commissioners began a lengthy discussion of sign issues including the proliferation of free standing signs in the subject area. ComJ;ilissioner Harris believed that a consolIdated SIgn would be more appropriate and would pffer, the same message. Commissioners agreed that less signage is better but that signage is important to identify commercial actIvities. It was noted that much of the existing signage in the ,area, ,while serving an identification purpose, is then forgotten and tends to not be well planned 'or inaAntained. In response to a specific question,from Commissioner Snyder, Mr. Thomas responded that a maintenance agreement is in place that will allow maintenance and upgrade of the subject SIgn. Following continued discussion on signs and the City's expectations and existing regulations, Commissioner Beier moyed Jo ap,prove the conditional use permit with one condition, citing the following findings and conclusions in support of the action: , I ~ " ' . . . Plannmg CommISsIOn Mmutes February 28, 2007 Page 3 Condition: 1. The conditional use permit is to ailow' the existing Best Western Olympic Lodge free- standing, off premise sign to remain at T08 Del Guzzi Drive. The 35' tall sign shall not be increased in size or area, and shall be retained in like or similar condition as that identified in Conditional Use Permit application CUP 07-01. Any change in the SIgn, or its location, with the exception of:rlew facing as needed to ensure that the SIgn shall remain in good order, shall require review of, or a new, conditional use permit application review. Findings: 1. An application for a conditional use permit was submitted to the Department of Community & Economic Development by Dan Gase on behalf of KT Development, LLC, on February 10, 2007. The application is to allow an off-premise advertising sign to remain on a commercial site without change. 2. A free standing sIgn was permitted- on the subject property advertising a use on an adjoining property, the Best Western,Olympic Lodge, in the City's Commercial Arterial zone. Because of the contiguous' ownership, the sign was not considered to be off- premIse. ' ". ;, ;, 3. The subject property was recently sola to KT Development, LLC, with an agreement that the off premise advertising sign remain. This situation was brought to the attention of the City when sign inquiries for site development were made. 4. Section l4.36.070(B)(3)PAMC, provides that"One off-premise sign containing a commercial message unrelated to any'use or activity of the property on which the sign is located, including billboards' and other outdoor advertising signs not exceeding three hundred square feet in total sign area and thirty-five feet in height, may be permitted on any site that does not contain anv sign for bUSinesses located on sazd Site, subject to approval of a conditional use permlt,.. " 5. Section l4.36.070(B)(3) PAMC states that" Off Premise Signs... No billboard or other off-premise outdoor advertising sign shall be located within 1,000 feet of another such sign. " The subject area contains two .off-premise advertising signs that are not located approximately 200 feet apart. Prior ,to the sale of the subject property, the subject sign was not considered an off-premise sign. ::'" 71: " 6. Signage within the City limits is intended to be site specific to avoid confusion to the public. Signage is generally restricted to that advertising the activities of a specific site. Where the location of an off-premise sign is needed, special circumstances may be considered in the issuance of a conditional use permit for such use in the CA zone. 7. A conditional use is a use permitted, in ,a zone but which requires a special degree of control to make the use consis~ent an~ compatible with other existing or permissible uses ~; , -, ' " , . . . Plannmg CommISsIOn Mmutes February 28, 2007 Page 4 in the same zone. A condltional us~ is'reviewed for a particular location and shall not prove detrimental to surrounding properties, shall not be in conflict with the Comprehensive Plan, and shall not be contrary to the public interest. ,,' 8. Per SectIOn 17.96.050 P AMC, in the consideration of a conditional use permit application, the Planning Commission may impose whatever restrictions or conditions are consldered to be essential to protect the public health, safety, and welfare, and to prevent depreciation of neighboring property. In each application, the Planning Commission may grant said permits that are consistent and compatible with the purpose of the zone in which the use is located: '~ 9. The purpose of the Commercial Arterial zone is "This is a commerczal zone intended to create and preserve areas for businesses serving the entire City and needing an arterial location because of the nature of the business or mtenSlty of traffic generated by the business. Commercial uses that are largely devoid of any Impacts detrimental to the environment are allowed. Service statIOns with petroleum products and dry cleaning shops With hazardous materials are permitted uses. This zone provides the basic urban land use pattern for automobile. .orzented, commerczal uses with direct access on a prmcipal arterial street and design standards for greater automobile and truck traffic. " , , 10. With the sale of the subject property, the Best Western Olympic Lodge site no longer contains frontage on an arterial street, and cannot readily be seen from the arterial. The subject property is under construction as a commercial shopping center. 11. Prior to the sale of the subject property, one off-premise advertising sign existed in the area. The off-premise Joshua's sign (160 sq.ft.) was placed through a variance granted in 1994. Similar circumstances relating to sight limitations were reasons cited for the variance approval. The distance betw:een the Joshua's sign and the subject sign is approximately 200'. I ' 12. The subject sign is well built and. simple in design advertising only the locatIOn of the Best Western Olympic Lodge location., The sign does not contain a reader board and is constructed to a maximum 35' in height. ' ~ ' 13. The City's Comprehensive Plan supports the retention of businesses and promotes planned economic development. 14. Notification of the proposed action was placed in the Peninsula Daily News on February 16, 2007, and mailed to property ~wners within 300 feet of the subject property on February 12, 2007. No written comments were received from the public during the written public comment period which ~xpires on February 27,2007. : 'I' Conclusions: l ~' , , ~v -.I ~ , 1. Uses developed by conditional use permit must remain in continual compliance with specific conditions of approval or the permit may be revoked, thereby ensuring that the Commission's intent in approval ofthe,p~rmit is enforced. . . . Plannmg CommISSiOn Mmutes February 28, 2007 Page 5 2. The resulting sale of the subject property will result in the construction of a commercial shopping center located between th'e "OlympIC Lodge location and the arterial street. The off-premise sign is needed because 'the new site development presents a significant change in circumstances that will restrict visibility of the Lodge location without the off- premIse sIgn. On-site signage will be increased beyond that permitted in the Commercial Arterial zone due to retention of the nonconforming sign. The sign location will not conform to the separation requirements of 14.36.070(B)(3) PAMC for off-premise signs. However, the Best Western Olympic Lodge 'sign is well constructed and should complement other commercial development in the area. The nonconforming sign has been in place for some time and it is likely that further site design will blend in with the sign development. The off-premise sign message is simple, and does contain extraneous informatIOn and will not detract nor compete with other off-premise signage. The sign simply offers a directional message. 3. 4. As conditioned, approval of the conditional use permit will not be materially detrimental to the public welfare, and will in fact, ,be in the interest of the general public by providing a directional message. Approval' of the permit will not be injurious to property or improvements in the vicinity and zone as the zone is intended to handle and inform the traveling public as well as visitQrs to the area. Commissioner Matthews seconded: the motion, which passed 6 - 1. Commissioner Harris noted that his objection was not specifically regarding a free standing sign but that the information should be consolidated into one, sign. COMMUNICATIONS FROM THE PUBLIC '-. !~' None ST AFF REPORTS None REPORTS OF COMMISSION MEMBERS Commissioner Reiss handed out a fee an~ impact fee schedule from the City of Kirkland. Discussion followed regarding the vari,ety of fet\s established by the schedule. Staff noted that, while development fees and impact fees can, be an effective tool in mitigating the impacts of development, the City is in the unique position of nearly being "built out", in which case, large developments that would normally require mitigation, will not happen. The City always requires development of streets and infrastructure of a developer, and will continue to do so. However, to require a single family resident to pay extraordinary impact fees at this point is not appropriate, and has not been supported by the City Council. Additionally, the City has struggled with the after fact . . . Plannmg CommISsIOn Mmutes Febniary 28, 2007 Page 6 effects of requiring particular development in "that maintenance has been an issue. It is not practical to develop a park and then have no ab~lity to maintain the park. Staff recommended that the Planning C(i)mmission make a statement through its minutes of concern that a mechanism be found to develop sidewalks and other public amenities such as parks, and that direction be requested from Council in this matter. ADJOURNMENT The meeting adjourned at 7:15 p.m. PREPARED BY: S. Roberds r'. 120RTANGELES WAS H I N G TON, USA . PLANNING COMMISSION ATTENDANCE ROST~K AND TESTIl\10NY SIGN-UP SHEET FLEASE SIGN IN Meeting Agenda of: 4.J. ~ ~ ';;00 7 To help us provide an accurate record of those in attendance, please sign in. Your signature acknowledges your presence. lf you plan to testify, by your signature below, you certify that the testimony given is true and correct under penalty of perjury by the laws of the state of Washington. Signature below DOES NOT REQUIRE you to testify. . NAME: ADDRESS: Agenda Item No. ~c., -I, ._d <' ~"';2 .. J "t:. L.a.J ~f'W\. 'JIJ .l~~~~ ,oIJj) Z//'] fA- ~,n-'11bI\\A!7 5' f D 1.., ^."'~ ~:-( va,- J3e 11, '" ~J\d:-(/v\- KAn+~ ~~I L/5~t- {JV. :l!A, - "0\1 € . , c: \My Files\FORMS\Mtgrostpc. wpd