HomeMy WebLinkAbout06-14-17 YPC PacketRECORD/FILE
IoW a R %, DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
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Joseph Calhoun, Manager
129 North Second Street, 2"d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC MEETING
City Hall Council Chambers
Wednesday June 14, 2017
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe, Jacob Liddicoat
Council Liaison: Avina Gutierrez
City Planning Staff:
Joan Davenport (Community Development Director); Joseph Calhoun (Planning Manager);
Eric Crowell (Associate Planner); Colleda Monick (Assistant Planner); Rosalinda Ibarra
(Administrative Assistant); and Lisa Maxey (Planning Specialist)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of May 24, 2017
VI. Follow-up Discussion on Sign Code Amendments Remand
VII. Other Business
VIII. Adjourn
Next Meeting. June 28, 2017
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*PLEASE WRITE LEGIBLY'
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........................06/14/2017 YPC Meeting
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DEPARTMENT
200 South Third Street, 2nd Fl. I Yakima, WA 98901 P: 509.575.6030 1 F: 509.575.6160
MEMORANDUM
June 7, 2017
TO: Honorable Mayor and Members of the City Council
Cliff Moore, City Manager
Jeff Cutter, City Attorney
FROM: Sara Watkins, Senior Assistant City Attorney
SUBJECT: Status Update on Sign Code
On April 18, 2017, at your regular council meeting, you heard the staff report and testimony on
the proposed updates to the sign code. After deliberation concentrating on the proposed
prohibition of trailered signs, Councilmember Avina Gutierrez moved to remand the matter back
to the Planning Commission and set up a joint study session on the subject. This motion was
seconded and passed by a majority of the members.
The Planning Commission discussed the matter at its meeting on May 10, 2017, and further
reviewed a previous memo from staff regarding options in regulating trailered signs (see
attached). After discussion, the Planning Commission determined that it needed additional
information as to where such signs are located in the City, which companies are making these
signs, demand for these signs, and general dimensions of the signs.
Before the next meeting, staff took photographs of trailered signs within the City and contacted
five companies that create signs for customers. After reviewing information and continued
discussion on regulating trailered signs, the Planning Commission came to consensus that an
amendment to the Portable Sign provisions should be drafted and submitted to Council for
review.
The language that will be proposed and discussed at the June 14, 2017 Planning Commission
meeting (it has not yet been formally adopted as the recommendation to City Council) is as
follows:
1. Change to the definition of "trailered signs"
"Trailered sign" means any sign located on or affixed to a trailer or vehicle normally licensed by
the state as a trailer, or any sign that has its own wheels, or is located on or affixed to its own
wheels, capable of being used to move the sign from location to location. Trailered sign does
not mean signs that are permanently or temporarily affixed to motor vehicles other than trailers,
Honorable Mayor and Members of the City Council
Cliff Moore, City Manager
Jeff Cutter, City Attorney
June 7, 2017
Page 2
such as passenger cars, trucks, or recreational vehicles which would fall under
YMC 15.08.045(9).
2. Change in Portable Sign section to include trailered signs
15.08.155 Portable Signs. Portable signs, including sandwich board, trailered and portable
pole mounted signs, shall comply with the following standards:
A. Zone. Portable signs are allowed only in non-residential zones.
B. Design and Materials. Portable signs must be designed with durable materials,
otherwise they will be regulated as temporary signs under Section 15.08.110. Portable signs
must be designed to withstand wind and include a heavy weighted base for pole mounted signs,
and a heavy weight suspended between the opposing faces of a sandwich board sign.
Portable signs cannot be illuminated.
C. Size and Height. Portable signs shall be a maximum of four feet in height and
maximum of three feet in width. When measuring the height, measurement shall be from the
ground to the top of the sign, and shall include any support structure, such as a trailer. When
measuring the width, measurement shall include the full width of the sign and any support
structures.
D. Number. Not more than two (2) portable signs may be displayed per business,
per tenant space. The total square feet of the portable signs per business or tenant space shall
not exceed twenty-four (24) feet in the event two signs are displayed.
E. Location. Portable signs must be located no further than ten (10) feet from the
primary building of the business, or located not farther than ten (10) feet from the site's
driveway entrance. No portable sign may be located on the City right-of-way, which includes
the sidewalk, without a right-of-way use permit or other permit allowing such use issued by the
City. No portable sign may be located in a clearview triangle or obstruct pedestrian or vehicular
traffic.
F. Display Hours. Portable signs may be displayed during business or operating
hours only.
No other concerns were specifically outlined by the Council at the April 18, 2017 meeting.
Therefore, if the only concern was the proposal to prohibit trailered signs, it may not be
necessary to have a joint study session, as the Planning Commission has addressed that issue
and will be supplementing its recommendation to you in June. However, if you prefer to have a
joint study session with the Planning Commission on this issue, we will schedule it in the near
future.
Ai M alk% DEPARTMENT OF COMMUNITY DEVELOPMENT
ANJoan Davenport, AICP, Director
W1 OF Y A K W A129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
YAKIMA PLANNING COMMISSION
SUPPLEMENTAL RECOMMENDATIONS TO THE YAKIMA CITY COUNCIL
FOR
AMENDMENT TO YAKIMA MUNICIPAL CODE TITLE 15.08 SIGNS OF THE URBAN AREA
ZONING ORDINANCE
JUNE 14, 2017
WHEREAS
The City of Yakima last amended its Title 15 Urban Area Zoning Ordinance on April 18, 2017;
and
WHEREAS
Proposals to amend the City of Yakima's Urban Area Zoning Ordinance follow the City's
established process in YMC § 15.23.020(B) and YMC Title 16; and
WHEREAS
Pursuant to RCW 36.70A.130(1) the City is required to take legislative action to review and
revise its development regulations in accordance with the Growth Management Act; and
WHEREAS
March of 2016, the City of Yakima Legal Department notified the City Planning Division that due
to a Federal Court case (Reed vs. the Town of Gilbert), various changes to its sign code were
necessary to comply with Federal law; and
WHEREAS
Under the provisions of YMC 1.42 the Yakima Planning Commission is responsible for the
review of amendments to the City's Yakima Urban Area Zoning Ordinance and for
recommending the approval, modification, or denial of each amendment; and
WHEREAS
On April 27th, October 26th, November 9th, November 16th, and December 14, 2016, the Yakima
Planning Commission held study sessions to review the proposed sign code amendments and
held an open record public hearing on February 22, 2017; and
WHEREAS
At its February 22, 2017 public hearing, the Yakima Planning Commission heard the staff
presentation regarding the proposed sign amendments to YMC Title 15.08 Signs, considered
public testimony in both written and verbal forms from James B Carpentier of the International
Sign Association, and unanimously approved the sign code amendments and draft ordinance
subject to incorporation of the suggested changes by the International Sign Association; and
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WHEREAS
All required public notice for these amendments were provided in accordance with the
provisions of YMC § 15.11.090, and YMC §§ 16.05.010 — 050; and
WHEREAS
These amendments are considered to be a non -project application without a specific use or site
plan to be considered, and State Environmental Policy Act (SEPA) review was completed for
this application, and a Determination of Non -significance (DNS) was issued on February 2,
2017. (File No. SEPA #002-17); and
WHEREAS
The recommendation for this Text Amendment is based upon the criteria specified in YMC §
16.10.040; and
WHEREAS
The Yakima Planning Commission concluded its consideration of this amendment on February
22, 2017; and
WHEREAS
The City Council, after public hearing and deliberation remanded the proposed Text
Amendment regarding trailered signs back to the Yakima Planning Commission for further
consideration and deliberation and approved a joint study session with the Yakima Planning
Commission; and
WHEREAS
The Yakima Planning Commission re-evaluated its proposal to prohibit trailered signs at its May
10, 2017, May 24, 2017, and June 14, 2017 regular meetings, discussed regulations for
trailered signs and was provided information obtained from sign manufacturers in Yakima; and
WHEREAS
After further evaluation, evidence and deliberation, the Yakima Planning Commission wishes to
supplement its findings of fact and provide an amendment to the proposed Definitions and
Portable Signs code provisions to allow trailered signs.
Now therefore, the Yakima City Planning Commission presents these supplemental
findings and recommendation to the Yakima City Council to supplement the findings and
recommendations previously provided on this issue:
Based upon a review of the additional information provided by staff, exhibits, testimony, and
other evidence presented during public discussions of trailered signs and regulation thereof, the
Planning Commission makes the following supplemental statements regarding trailered sign
provisions:
PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENTS REGARDING TRAILERED
SIGNS:
In addition to the purposes mentioned in the prior set of Findings, which are not overruled or
superseded by this supplement other than specifically regarding trailered signs, the purpose of
the proposed amendments regarding trailered signs is to provide regulation on a content -neutral
basis and regulate trailered signs as portable signs under the code.
Proposed Amendments:
The amendments to YMC 15.08 Signs will:
a. Amend YMC § 15.08.020 Definitions to modify the proposed definition of trailered signs
to be more clear that the regulations only apply to those signs which are affixed to a
trailer or wheels, but not signs that are affixed to motor vehicles, trucks or recreational
vehicles;
b. Add YMC § 15.08.155 Portable Signs providing content neutral regulation for the
location, zone, design and materials, size, height, number, and hours of display of
portable signs, including trailered signs; and
c. Bring the City of Yakima's sign code into conformance with the content neutral provision
of Federal law.
SUPPLEMENTAL FINDINGS OF FACT
1. The prior findings of fact are incorporated herein.
2. On April 18, 2017, the Yakima City Council held a public hearing on the text
amendments to Yakima Municipal Code section 15.08: Signs.
3. Public notice was properly provided for the public hearing.
4. The Yakima City Council at that hearing heard the staff presentation regarding the
proposed sign amendments to YMC Title 15.08: Signs, which included a staff report and
power point presentation regarding changes in regulations. The City Council also
considered public testimony from three members of the public.
5. During deliberation the only section that was specifically addressed was the trailered
signs prohibition.
6. After hearing testimony and the staff report, and further deliberation, the City Council
moved that the proposal be remanded to the Yakima Planning Commission and a joint
study session be scheduled.
7. On May 10, 2017, May 24, 2017, and June 14, 2017, the Yakima Planning Commission
held study sessions to review the proposed sign code amendments dealing specifically
with trailered signs, in light of the Yakima City Council deliberations and remand.
8. The Yakima Planning Commission heard and reviewed the staff presentation regarding
the proposed sign amendments to YMC Title 15.08 Signs, with regards to trailered signs
and unanimously voted to recommend approval of the supplemental sign code
amendments and updated draft ordinance which change the definition of "trailered sign"
and regulates trailered signs as "portable signs" under the proposed code language
9. The commission found that the amendments to YMC Title 15.08 Signs with regards to
trailered signs will:
1. Correct the City's sign code to be compliant with Federal law so that it is content
neutral; and
2. Add development regulations to ensure that trailered sign standards are
consistently applied on a content neutral basis, which address all impacts
created by the change in development regulations.
YAKIMA PLANNING COMMISSION'S CONCLUSIONS
1. The text amendments are minor in nature;
2. The amendments correct the City's sign code to be compliant with Federal law so that it
is content neutral;
3. No adverse impacts have been identified by the approval of the amendment request;
4. The proposed text amendments underwent Environmental Review;
5. The requested text amendments are supported by the City of Yakima's Comprehensive
Plan 2025; and
6. The regulation of trailered signs as portable signs is sufficient to provide for adequate
regulation while still allowing trailered signs within the City of Yakima.
MOTION
Based upon the analysis, findings and conclusions outlined above, it was moved and seconded
that the Yakima Planning Commission recommend APPROVAL of the supplemental text
amendments concerning trailered signs to the Yakima Municipal Code (YMC) Title 15.
Having made the above Findings of Fact and Conclusions, the Planning Commission hereby
renders its
RECOMMENDATION TO CITY COUNCIL
The Planning Commission of the City of Yakima, having received and considered all evidence
and testimony presented at the public hearing, and having received and reviewed the record
herein, hereby recommends that the City Council of the City of Yakima APPROVE the sign Text
Amendment application (TXT #001-17), with the changes to the definition of "trailered sign" and
the regulation of "trailered signs" as "portable signs" in the code provisions, and forwards the
proposed ordinance to the Yakima City Council.
RECOMMENDED this 14th day of June, 2017,
By:
Scott Clark, Chairman
Yakima Planning Commission