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PZ Recs/Staff ReportSTAFF REPORT Hearing Date: TO: FROM: SUBJECT: January 22, 2013 Mayor & City Council Kristy Vigil, Assistant City Planner 208-884-5533 ~.~Vl E IDR IAN,^ , ~~ ZOA-12-003 -Sign Code Text Amendment 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the City of Meridian Planning Division, has applied for a Zoning Ordinance Amendment (ZOA) to amend the text of the Unified Development Code standards for signs. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the UDC text amendment (ZOA-12-003) based on the detailed analysis provided below and Findings of Facts listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on December 20, 2012. At the public hearing, the Commission moved to recommend approval of the subiect ZOA request. a. Summary of Commission Public Hearing: i. In favor: Josh Davidson with Rosauers, Tony Meade with Idaho Electric Signs, Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: Bill Fremgen with Pinnacle Sports Grill v. Staff presenting application: Kristy Vigil vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The difference between a message on a changeable copy sign changing more frequently than eight seconds and a changeable copy sign that is flashing. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number ZOA-12-003 as presented in the staff report for the hearing date of January 22, 2013 with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number ZOA-12-003 as presented during the hearing on January 22, 2013 for 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-12-003, 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 Community Development Department 33E. Broadway Avenue Meridian, Idaho 83642 c. Applicant's Statement/Justification: See applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will in fact constitute a Unified Development Code 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: November 19`" and December 3`a, 2012 (Planning & Zoning Commission); December 31, 2012 and January 14, 2013 (City Council . c. A public service announcement was broadcast faxed on November 21, 2012 (Commission) and January 7, 2013 (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. Staff finds that the subject Zoning Ordinance Amendment complies with and furthers the goals and objectives of the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this application and to be representative of the community's vision. Chapter VII: • Goal 7.O1.OlA -Keep current the Unified Development Code and Future Land Use map to implement the provisions of this plan. • Goal 7.01.01 D -Engage the public in land use planning processes by using a variety of methods to inform and solicit comments. 2 7. UNIFIED DEVELOPMENT CODE A majority of the amendments are to clean-up and/or clarify a standard. However, there are some key amendments to the City's sign code requested with this application. The key amendments include the following: to allow projecting signs in all districts, to allow neon tube illumination for building signs and freestanding signs, and to allow changeable copy signs to change more frequently than eight seconds. The Planning Division Staff is proposing to amend certain UDC sign code sections as follows: Item number Section Text Reason for Change 1 11-1-SB 7. The required landscaped area for To clarify the freestanding suns shall be computed by measurement of measuring the inside of the landscaped area, landscape area for excluding an~part of the support structure. sign structures not in a landscape buffer. 2 11-3D-2F 11. Any sign which is oriented only to the To allow the property on which it is located and is not construction of signs visible from public right of wad internal to a development without a permit. 3 11-3D-4B Any private signs «~~*'~~~ r~~'~'~^ ,.;R~,* ^{ «~°<~ = it d t<~ T'~~° °'~~" ^* To allow business r ith n or- ~-E 3~ne -~er th t ~tt *'~^r ~t -ic owne s w a a roved Use Zone y e- ~a~p e~R a- ~-Q~c ^ri< ~'^^~„° ~ ^'' ~ °~*<~ on publicly-owned property, including the pp Encroachment permit to have signs within public right of wa ~pt as otherwise the City Core right- . specificall~permitted, in writing, b~ of-way. authorized public a ency. 4 11-3D-4G Any benches with commercially available space for advertising:, except that the transportation authority a~place such To allow the transportation authority to install benches at a designated bus stogy benches with advertising. 5 11-3D-SB2 The maximum height of any subdivision To fix a typo in the identification sign shall not exceed six feet UDC. (6'). See section 11-1-SB45 of this title for architectural element standards. 6 11-3D-6 Marketing Signs: The following standards To clarify this section shall apply to signs on properties being applies to the sign on marketed for lease and/or sale: the property. 7 11-3D-7 Construction Signs: The following standards To clarify this section shall apply to si ng s on properties under applies to the sign on construction: the property. 8 11-3D-8A3 Setbacks And Location of Freestanding To exclude limited T ~~~*°a r,.,,.,,*~°„ Signs: In all districts, no duration signs from part of a freestanding ~~a~~r ~;r..,:*°a a,,,.,,*~~~ the one-foot setback sign, including the footing, shall be located requirements. closer than one-foot feet (1') from any street property line and twelve and one-half feet (12.5') from any rear or interior side property line, unless greater separation is required. 9a 11-3D-8A8 b. Awning signs s#a1-1 may be nonilluminated The next two changes or may have indirect, er internal, or direct allow for greater illumination. ~e Neon tube flexibility in awning illumination ire is prohibited. sign lighting solutions and promotes increased consistency between City documents. 9b c. Where awning signs use direct illumination, such direct illumination shall be targeted only to the copy area of the sign, and shall conform to elements of Traditional Neighborhood Desi n. 9c E d. No ~~y awning sign shall r}et extend above the top of the awning structure. 9d ~ e. A permit is required for any awning sign. 10 11-3D-8A14 a. Freestanding signs may be nonilluminated . To allow neon tube illumination. Nee~~ dDirect illumination for illumination a~ is prohibited. freestanding signs as allowed for each c. All freestanding signs an adjacent zoning district. structure. All landscaping shall be maintained as set forth in UDC 11-3B-13. To add landscape maintenance requirements for sign bases designed with landscaping. 11 11-3D-8A18 ~ ° ~"~~~~r~t i ~ 'n b ~ T all w n n t b ee~ - a -- e e ~-,ns o o eo u e ~ h limit°~th °° z h ill min ti n f r ll r ~~quir~c ~~:.,-~ ~ R u a o o wa si ns as allowed for g €e. A permit is required for any wall sign. each zoning district. 12 11-3D-8A19 d. A permit is not required for window signs. To clarify a permit is not required for window signs. 13 11-3D-8C Business Signs For Multi-Family To add allowed Developments And Allowed Nonresidential nonresidential uses to Uses: In addition to the general standards for the initial standard business identification signs set forth in this for this section. section, the following standards shall apply to business identification signs for multi-family developments and allowed non-residential uses (R-2, R-4, R-8, R-15, R-40, and TN-R), excluding accessory uses: 14 11-3D-8D6 Projecting signs are ~ allowed and To allow projecting 11-3D-8E6 shall meet the standards set forth in subsection signs in commercial 11-3D-8F6 A17 of this section. and industrial 11-3D-8H6 districts. 15 11-3D-8Dld ~' ` ^,,., „~,.,,,,.°~'''° ° -'~~~~'~'~^° ~ ~~'~'° To remove the ei ht g 11-3D-8Eld €~o - ~ ~~ ~ l ~" ~ d i . u p . ~e -s ~ ~~~g-~.~n secon requ rement 11-3D-8F1d €elle~~ ~; d i l ~ ~~' '' ~ f h bl ., - - ~p -ay, re or c angea e copy 11-3D-8Gld ~~~' --* e ''' ' « o ~ b ildi i Thi ~ a , , ~ ers~ ~-ee u ng s gns. s 11-3D-8Hld :u!~r ter' ~* ~~~>> ~ ^~~ oa ~ ~ i " h b d b ~ ~., ~. b.,~ ~e as een requeste y u ~ i~ = ~~-e~~~ ~4~ l ~tl t M idi b i ~ . ~ ~ ~ ~eeenf s, exE~ ~ a er an us ness e,,n~~- +'~.,~ ~„ tl ti ages rrg~ ~,-- e cc " owner. ui.~Niuy u J ~,,7~~~,~7,~~~ i-~ i t ~1 r ~G~~.Si s @~Ct['YGYrtG3C ^^iiiuiin~r 16 11-3D-8D4c A maximum of one freestanding sign is To clarify the 11-3D-8E4c allowed per one hundred fifty feet (150') of freestanding sign is 11-3D-8F4c linear street frontage per property. Properties one per property. with less than one hundred fifty feet (150') of linear street frontage shall be allowed a maximum of one such sign per property. 17a 11-3D-8D4d Properties exceeding seven hundred fifty feet To clarify the number (750') of linear street frontage may be allowed of allowed an additional sign height and background area freestanding signs. allowance. Such signs shall not exceed fifteen feet (15') in overall height and eighty (80) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear street frontage. Such freestanding signs shall be in lieu of, and not in addition to, signs which mawpermitted by the district provisions set forth in this section 17b 11-3D-8E4d Properties exceeding seven hundred fifty feet To clarify the number (750') of linear street frontage may be allowed of allowed an additional sign height and background area freestanding signs. allowance. Such signs shall not exceed twenty feet (20') in overall height and one hundred fifty (150) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear street frontage. Such freestanding signs shall be in lieu of, and not in addition to, suns which mawpermitted by the district provisions set forth in this section. 17c 11-3D-8F4d Properties exceeding seven hundred fifty feet To clarify the number (750') of linear street frontage may be allowed of allowed an additional sign height and background area freestanding signs. allowance. Such signs shall not exceed thirty five feet (35') in overall height and two hundred (200) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear street frontage. Such freestanding signs shall be in lieu of, and not in addition to, signs which mawpermitted by the district provisions set forth in this section. 17d 11-3D-8H4d Properties exceeding seven hundred fifty feet To clarify the number (750') of linear street frontage may be allowed of allowed an additional sign height and background area freestanding signs. allowance. Such signs shall not exceed twenty five feet (25') in overall height and one hundred fifty (150) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear street frontage. Such freestanding suns shall be in lieu of, and not in addition to, signs which made permitted by the district provisions set forth in this section. 18 11-3D-8D4e ~c~an ~7 ~~ ; T h i h g ~-~ep~~ } ~ ~,z o remove t g e e t 11-3D-8E4e ~~-s~~~re~-- 1 1~t ~ '~ ' l ~ d i -a--p~t 3 re~ ~~ - ~ secon requ rement 11-3D-8F4e ~e~ i--- irr' ^« ~ ~n~ d f h bl p g ~}eE ~ s ~. s -- - or c angea e copy 11-3D-8G4e a ~ -1 ~ t ^ 1 i~ ~t ^ ~ l ~t f t di i -t~tttir e v~ ~ ~- - ~ e, g~~ s- ~ e~ rees an ng s gns. 11-3D-8H4e ~ u m ~ r~ ^~^ „a~^r ~~ ^~*~ ~~~~~ Thi h b . ~ ~ , s een as ~ ~-r d d ^~ l t t 8 t d b n age e - er 3~ e g --~ 7 reques e y a ° ~'~ °~+ *~^+ ^ ~ +°~~+ ,r ~ +~^+ ^ sec~~ M idi i b ~ ~ er an ness us i^~,~^.. +~,~„ +~,° a;~~i,,.. „ ° „a ,a^ ~^+ ,. .,+,,;~ .~~~~~ owner. 19 11-3D-8H4 a. The maximum background area of any To allow approved freestanding sign shall not exceed seventy accessory uses in the (70) square feet. Except that for properties Light Industrial with an approved accessory use, the maximum zoning district an background area of any freestandin 7 si ng shall additional sign not exceed eight ~ (80) square feet of allowance. _ background area. b. The maximum height of any freestanding sign shall not exceed fifteen feet (15'). Except that for properties with an approved accessory use, the maximum height shall not exceed twent feet 20') in overall height. 20 11-3D-9E 2. No limited duration sign shall be located To establish setbacks closer than five feet (5') from any street for limited duration property line and twelve and one-half feet signs. (12.5' from any rear or interior side property , line. ~3. No limited duration sign shall be illuminated. Illumination is prohibited. ~4. No limited duration sign shall be located within a public right of way. 45. All limited duration signs shall be weatherproofed and kept in a state of good appearance, safety, and repair. Any damaged or potentially hazardous sign shall be repaired or removed immediately. ~6. A maximum of one such sign shall be displayed per business at any one time. 67. Limited duration signs shall maintain a minimum fifty feet (50') of spacing from any and all other approved freestanding and limited duration signs. ~8. The background area for limited duration banner signs located on an exterior of a building shall not exceed thirty-two (32) square feet per business, except that businesses having over one hundred thousand (100,000) square feet of gross floor area shall be allowed sixty-four (64) square feet for such sign. ~9. The background area for freestanding limited duration signs, shall not exceed twenty (20) square feet. 110. Balloons and other inflated devices that are limited duration signs shall be no greater than one and one-half (11/2) times the maximum building height within the district. -x-011. Electrical components shall be prohibited as part of a limited duration sign, except electrical pumps may be allowed for balloons and other inflated devices. 8. EXHIBITS A. Agency Comments B. Required Findings from the Unified Development Code 10 Exhibit A. Agency Comments On November 1 S, 2012 a joint agency and department meeting was held with service providers in the area. The agencies and departments present include: Meridian Fire Department and Meridian Police Department. The following the comments were received.• 1. Fire Department 1.1 The Fire Department has no concerns related to this application. 2. Police Department 2.1 The Police Department has no concerns related to this application. 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 shalt, 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 proposed zoning ordinance amendment complies with the applicable (limited) provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 6, of the Staff Report for more information. 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 will not be detrimental to the public health, safety or welfare. Planning staff has worked with the sign company representatives, Legal staff, Building staff and Code Enforcement staff to ensure that the proposed text amendments provide for the safety of our residents when installing and maintaining signs within the City. 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 districts. The Commission finds that the proposed text amendment does not propose any significant changes to how public utilities and services are provide to developments. All City departments, public agencies and service providers that currently review applications will continue to do so. Please rely on any written or oral testimony provided by any public service provider(s) when making this finding. 12