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Home My WebLink AboutUDC Text Amdmt RecommendationsSTAFF REPORT Hearing Date: September 1, 2009 .~ TO: Mayor and City Council ~ E I~~L71 ~! FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: ZOA-09-002 -Temporary Signs Text Amendment 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the City of Meridian Planning Department, has applied for a Zoning Ordinance Amendment (ZOA) to amend UDC 11-3D-6A.6. The proposed ZOA will extend the amount of time a temporary sign maybe displayed from 90 days to 180 days. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the UDC text amendment (ZOA-09-002) based on the analysis provided below and Findings of Facts listed in Exhibit: B. The Meridian Planning & Zon_i_n~ Commission heard this item on August 6, 2009. At the public hearing the Commission voted to recommend denial of the subject ZOA request. a. Summary of Commission Public Hearing: i. In favor ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Pete Friedman vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Timeframe for the adoption of the new sign ordinance. ii. The temporary sign requirements proposed in the nevv_ sign ordinance. iii. The current temporary sign standards. iv. The impacts on the community and the businesses if tlhe display times are increased. c. Ke_y Commission Change(s) to Staff Recommendation: i. The Commission recommended denial of the subject ZOA because they felt there was not a benefit to the city or to businesses for increasing the temporary display times as this is an interim measure. d. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number ZOA- 09-002 as presented in the staff report for the hearing date of September 1, 2009 with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number ZOA-09- 002 as presented during the hearing on September 1, 2009 fo:r the following reasons: (You should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number ZOA- 09-002, to (insert specific hearing date), and direct staff to make the following changes: (insert comments here.) 4. APPLICATION FACTS a. Site Address/Location: City-wide. b. Applicant/Representative: City of Meridian Planning Department 33E. Broadway Avenue Meridian, Idaho 83642 c. Applicant's Statement/Justification: "In response to several business owners who are having difficulties in the current economic climate, the City of Meridian Planning Department is requesting an amendment to the standards for temporary siigns listed in UDC 11-3D-6A.6." See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a Unified Development Code/Zoning Ordinance amendment as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: July 20 and August: 3, 2009 (Commission); August 10, and 24, 2009 (City Council) c. A public service announcement was broadcast faxed on Jury 10, 2009 (Commission) and August 7, 2009 (City Council) regarding this application. 6. COMPREHENSIVE PLAN POLICIES AND GOALS The City's Comprehensive Plan is a vision and policy document for guiding development and the transportation needs in the City of Meridian. The specific objectives and actions that support the proposed amendment are listed below: Chapter VII • Goal II, Obj. A, #5 -Amend the zoning ordinance and map to implement the provisions of this plan (referring to comprehensive plan). The proposal is an amendment to the UDC which implements the Comprehensive Plan. The proposed change is in response to the business community's desire for additional signage to promote and generate traffic to their establishments. The extended time period for temporary signs may contribute to the success of local businesses thus furthering the goals of the Comprehensive plan by supporting business owners in the community. 7. UNIFIED DEVELOPMENT CODE/ZONING ORDINANCE The Planning Department has initiated the proposed Zoning Ordin;~nce Amendment in response to comments from the business community and is meant as an interim measure. Currently, City Staff is in the process of re-writing the entire sign code and temporary sign standards will be reviewed in a future ZOA slated for later this year. The section proposed for amending includes the standards that govern temporary signs. More specifically the display times for temporary signs are proposed to increase from 90 days to 180 days. The Planning Department Staff is recommending to amend UDC 11-3D-6A.6 as follows: 6. The following additional standards shall apply to temporary signs that require a permit as set forth in subsection C of this section: a. A temporary sign permit maybe obtained through the planning department for fifteen (15), thirty (30), sixty (60), or ninety (90) day time periods. (1) In no instance shall a temporary sign requiring a pern-ut be displayed for more than y (99) one hundred eighty (180~days per year per business. (2) A permit must be obtained for every new temporary sign to be displayed. (3) If a permitted sign is removed for any portion of the permitted time period, the time shall be forfeited and shall not accrue or be added to the allowable display period for a temporary sign. ~e~e~ ..,~io ;~-„ ~..,~;.,o~~ „ o ~~,.uinJ „ o...,.;. ~ .- ~ o,., inns a.,.,~ ~r ~ buy rer ~ .~,.,. , „ia~i,o .~,o ,,.,i...o .,ii~...oa .i,,,* . o ~..o., :~.t,.,. u ~ ", b;:si .ess o 0 0 0 .,, ro o .~.o ~..,~~o.. ~ r. .i.:..f.. ~zm a,,..~ .i,.,. ~.„~;~o.,., < .,ia b. The temporary sign permit shall be attached to the approved sign so that it is visible from the nearest public right of way. c. All signs to be placed on private property shall obtain the written consent of the property owner and file that consent with the planning department prior to issuance of a permit. 8. EXHIBITS A. Agency Comments B. Required Findings from the Unified Development Code Exhibit A. Agency Comments A comments meeting was not held because the proposed ZOA does not impact the development of a site. Exhibit B. Required Findings from Unified Development Code 1. Unified Development Code Text Amendments: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: 1. The text amendment complies with the applicable provisions of the comprehensive plan; The Commission finds that the Comprehensive Plan does not specifically address the proposed zoning ordinance amendment. ~;tarrr;..a~ *'~°* *'~° ~r°~°~°a '°~~~° ~~ ~p 2. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and The Commission finds that the proposed text amendment could nat be detrimental to the public health, safety or welfare as the new display time may create uncertainty_ regarding enforcement of Code violations. ~,,.,:a°a ~~°~°~*-~ ~~.~~er ~'~~ ~~''~ '''° ~*° a a. The Commission finds the proposed amendment is unnecessary because a new sign ordinance is to be reviewed later this year. It is the opinion of the Commission, increasing the display times from 90 days to 180 days is not a benefit to the City of Meridian or the business owners as this standard is an interim measure. 3. The text amendment shall not result in an .adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school diistricts. The Commission finds that the proposed te~:t amendment does not propose any significant changes to how public utilities and services are provided to developments. All City departments, public agencies and service providers that currently review applications will continue tee do so. Please rely on any written or oral testimony provided by any public service provider(s) when making this finding.