Loading...
Resolution No. 91-64 -- a1suffilmm CITY OF TIGARD, OREGON // RESOLUTION NO. 91-/2f IN THE 14ATTER OF THE ADOPTION OF FINDINGS UPON CITY COUNCIL REVIEW OF AN APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A SIGN CODE EXCEPTION APPLICATION AND DENY A VARIANCE APPLICATION (SCE 90- 05/VAR 90-27) PROPOSED BY SHERWOOD INN (H. E. FERRYMAN) . WHEREAS, the Planning Commission reviewed the case at its meeting of Octobier 16, 1990; and WHEREAS, the Commission denied the Sign Code Exception and Variance as requested and approved a modified Sign Code Exception subject to conditions (Final Order No. 90-25 PC); and WHEREAS, this matter came before the City Council upon the appeal of the applicant and was concluded at the July 23, 1991 public hearing; and WHEREAS, the Council has reviewed the evidence related to the applicant's appeal. THEREFORE BE IT RESOLVED that the City Council REVERSES the Planning Commission's approval of SCE 90-0005 and APPROVES a Variance for additional sign area; the City Council also REVERSES the Planning Commission's denial of VAR 90-0027 to allow for additional sign height and APPROVES a modified sign height Variance subject to conditions. This resolution is based upon the facts, findings, conclusions and conditions of approval noted in Exhibit npw The Council further orders that the City Recorder send a copy of this final order to the applicant as a notice of the final decision in this matter. PASSED: This 1))0day of September, 1991. APPROVED: This �7 day ofSept 1 Gerald R. Edwards, Mayor City of Tigard ATTEST:. L n Tigard City Recorder SCE 90-05.RES/rp //-- RESOLUTION NO. 64 PAGE 1 EXHIBIT "A" A. FACTS 1. General Information CASE: Sign Code Exception SCE 90-0005, Variance VAR 90-0027 REQUEST: Request to allow two freeway oriented freestanding signs where only one sign is permitted. Also requested is approval to retain one sign of approximately 1,180 square feet per sign face with a height of approximately 65 feet and a second sign of approximately 698 square feet per sign face with a height of approximately 69.75 feet where the Code specifies a maximum allowable sign area of 160 square feet per sign face and a maximum allowable height of 35 feet. APPLICANT: Greenhill Assoc., Ltd. Hal Hewitt 9999 SW Wilshire Portland, OR 97225 OWNER: H. E. Ferryman 9106 NE Highway 99 Vancouver, WA 98665 LOCATION: 15700 SW Upper Boones Ferry Road (WCTM 2S1 12DD Tax lots 100, 900, and 1100) COMPREHENSIVE PLAN DESIGNATION: Commercial General ZONING DESIGNATION: C-G (Commercial General) 2. Background Information In question are two nonconforming signs. One sign includes a Restaurant/Motel/Best Western Logo message. The other sign includes a Sherwood Inn/Chevron message. Chevron is not a part of this action. The existing Sherwood Inn Motel and restaurant were constructed prior to annexation of the subject site and adjoining properties in 1976. Also in 1976, the City Planning Commission approved a Variance to allow the SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 1 continued use of the existing signs that exceeded the City's size, and height requirements. In 1977, the City amended the sign code to reduce the maximum sizes permitted and in 1978, a new 10 year sign amortization period was begun for those signs which did not conform with the new standards. The property owner was notified in 1988 that the two freeway oriented signs advertising Sherwood Inn and restaurant were subject to the City's Sign amortization program and that the signs would have to be brought into conformity with the sign code or a Sign Code Exception or Variance would have to be granted by the City in order to retain the use of these signs. Site Development Review SDR 12-81 approved expansion of the parking area in 1981. In March, 1990, the Planning Director granted Site Development Review approval (SDR 89--23/V 89-40) to expand the existing motel. One condition of approval required the resolution of the pending sign issue. Also in March 1990, Ken Fox of the City Attorney's office responded to the issue of the sign Variance granted by i the City and its relationship to the following amendments of the City's sign code. Mr. Fox concluded that after the Variance was granted, the signs were regarded to be conformity with the code. However, after the City standards were amended in 1978 to be more restrictive, ` they became nonconforming signs as did all other legal signs which did not meet the new standards. As such, the signs are subject to the Sign Code Amortization provision of the Development Code. A letter from the City Planner Mr. Jerry Powell to Mr. Marko A. Susnjara indicated that the 1976 Variance would have the effect of permanent permission by the City to retain the sign, and the use of that sign as long as that sign stands. This person had no authority to bind the City_ In addition, the City does not recognize estoppel as a basis for granting a permit. This current sign code exception and variance application was heard before the Planning Commission on October 16, 1990. The Planning Commission denied the sign code exception and variance as requested and approved an amended sign code exception with conditions. This decision was appealed to the City Council by the applicant and is the subject of this current review. Vicinity Information The subject property is located in the southwest quadrant of the intersection of I-5 and SW Upper Eoones Ferry SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 2 F Road. Two service stations flank the driveway from SW Upper Boones Ferry Road to the Sherwood Inn. The service station properties are also zoned C-G. Properties to the north and west of the site are zoned I-P (Industrial Park) . The Pacific Corporate Center subdivision is currently under development to the north across SW Upper Boones Ferry Road. The subdivision is presently vacant except for two buildings under construction along SW 72nd Avenue. 'Tne property to the west is part of the Oregon Business Park. The parcel immediately west of the subject site .4s currently developed with a children's day care center and various industrial uses. To the south are other buildings within the Oregon Business Park which are developed with a variety of industrial uses and are zoned I-L (Light Industrial) . The properties to the south and west of the site are approximately 20 to 30 feet lower in elevation than the subject site. 3. Site information and Proposal Description The 2.5 acre site consists of three tax lots set back from Upper Boones Ferry Road by approximately 130 feet. A 40 foot wide accessway located between the neighboring service station parcels connects the Sherwood Inn development to Upper Boones Ferry Road. The site abuts I-5 on the east. A number of mature Douglas fir trees f, are located between the mote]. and the freeway, both on the site and within the freeway's right-of-way. The slopes between these parcels are covered with grasses, shrubs, and several small trees. The subject property is presently developed with the 56 unit, three story Sherwood Inn motel, the single story 4,200 square foot restaurant, and paved parking for 135 autos. Access to the property is provided by a paved driveway shared with the adjacent service stations. The two nonconforming freestanding signs, which are the subject of this application, are located near the property boundary of the adjacent service station parcels. The applicant proposes to retain the existing signs and states that it is appropriate for the City to continue to recognize the 1976 Variance approval. The Sherwood Inn sign is part of a larger sign structure that includes an oversize sign for the Chevron station. This application does not apply to the Chevaon sign. The Chevron Corporation has been also notified of the sign amortization program and the City's requirement to bring this sign into conformity with the Code. An application from Chevron is anticipated in the near future. `, SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 3 VAR- 4. Agency and NPO Comments The Engineering Division, State Highway Division, and the Building Division have no objection to the proposal. No other comments have been received. B. FINDINGS AND CONCLUSIONS As proposed, a Variance is necessary to approve this proposal because this request proceeds beyond the basic Code requirements for number, height and size of signs, as well as the allowances that are available through the Sign Code Exception process; specifically, the Sign Code Exception process may permit up to a maximum of an additional 25 percent of sign area or height above that which is normally permitted. Prior to the April 9th City Council meeting, the applicant offered an alternative proposal for approval; specifically, to retain only one 65 foot tall freestanding freeway oriented sign with a sign area of 1,194 square feet per face. The Variance criteria which are relevant are listed in Section 18.134.050 (A) cf the Community Development Code: 1. The proposed variance will not be materially detrimental to the purpose of this title, be in conflict with the policies o_f the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; 2. There are special circumstances that exist which are particular to the lot size or shape, topography, or other circumstances which the applicant has no control and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent "that is reasonably possible while permitting some economic use of the land; 4. Existing physical and natural systems, but not limited to traffic, drainage, dramatic lard,forms, or parks will not be adversely affected anymore than would occur if the development were located as specified in this title; and 5. A hardship is not self imposed and the variance requested is minimum variance which would alleviate the hardship. SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 4 The City Council finds that the proposal as requested is not consistent with the above variance criteria for the following reasons: 1. The purpose of the sign code and the sign amortization Program is to reduce the amount of sign area and numbers of signs within the City limits in order to provide for an aesthetically pleasing environment. This proposal to retain the existing signs is not consistent with the intent of the Code because the applicant is requesting twice the number and approximately 12 times the total sign area that would normally be permitted, in addition to an 85% increase in sign height above that which is normally allowed. The proposal is also not consistent with the sign programs which have been approved for other commercial properties in similar circumstances. The retention of signs this size would clearly be contrary to the purpose of the Code which is intended to "prevent proliferation of signs and sign clutter". However, this is not to say that additional sign area and/or height is not warranted. Toward this end, staff has investigated and presented a professional third--party recommendation as to the sign area necessary to achieve the applicant's this appeal. purpose for 2. There are no special circumstances with respect to this Property which justify the continued use of two signs with f, orientation towards I-5. View of the property and the existing signs from I-5 is partially obstructed; however, the request to retain the number of signs, sign area, and sign height is root justified in this regard. While two signs are not justified, one sign may be. The situation of Sherwood Inn and the restaurant is similar to latin. many other freeway oriented businesses in Tigard and Tua Many have less than perfect visibility from the freeway due to their distance from the freeway, terrain, and trees. These businesses have dealt with this problem by utilizing informational signs provided by the State Department of Transportation. These blue signs indicate businesses and or services that are available tat the he specific exit. Conditions relative to the site being lower than the freeway and the existing roofline are partially mitigating circumstances. Sherwood Inn has the benefit of traffic. two such signs for southbound The first is located immediately south of the Highway 217 exit and it advertises Sherwood Inn and Chevron specifically. The second is located near the Bonita Road overpass and it indicates that gas, food, and lodging are available at the Upper Boones Ferry Road exit. The applicants have indicated that a similar sign for north bound traffic SCE 90-0005/VAR 90-0027 FERRYMAN PAGE cannot be obtained from the Oregon Department of Transportation. With reference to topographic concerns which are specific to this site, additional sign height and sign area should be granted since visibility from I-5 to the property and the existing signs would be obstructed if the standard maximum height of 35 feet and standard sign area of 150 square feet per sign face was required. Whereas there is not sufficient justification for the allowance of two freestanding freeway oriented signs, one freestanding freeway oriented sign should be permitted as allowed by code section 18.114.090(E) . 3. The proposed signage greatly exceeds Code standards and therefore it is not the same as what would normally be permitted under this Code and the staff finds that this proposal would not maintain the Code to the extent reasonably possible. Conversely, staff has presented findings by the Bailey/Warner Group to demonstrate the minimun sign area which would be necessary to achieve the intent of this application. 4. Existing physical and natural systems would not be affected by this proposal. / 5. The hardship is not self imposed because the signs in question were erected legally and have become nonconforming and subject to the sign amortization program due to changes in applicable sign regulations. However, the variance is not the minimum deviation from Code requirements that would alleviate the hardship. Additional sign height should be granted since visibility from 1-5 to the property and the existing signs would be obstructed if the standard maximum height of 35 feet was required. The additional height is necessary because the roof line of the motel blocks sight lines for north bound freeway traffic. Based upon the testimony presented a Sign Code Variance allowing a sign height of 65 feet is necessary for a sign to be visible from both directions on 1-5. Approximately 470 percent of the allowable sign area will yield a sign with 750 square feet per face (1,500 square feet for all sign faces combined). Because of the necessary height of the sign and the distance from 1-5 and Upper Boones Fer-,y Road, this Variance is justified in order to ensure the sign's legibility. The report from the Baily/Warner Group suggests that a mini,-num of 650 square feet is necessary for the retention of existing message. This would allow a minimum letter height of 40 inches. An additional 100 square feet per sign face will allow marginally larger letters to ensure legibility. SCE 90-0005/VAR 90-0027 FERRYMAI, PAGE 6 The applicant provided evidence that they had a lease agreement for the existing sign that expired July 8, 1993 and requested the City Council make the date for compliance coincide with the date of the expiration of the lease. C. DECISION The City Council REVERSES the Planning Commission's approval of SCE 90-0005 and APPROVES a Variance for additional sign area. The City Council also REVERSES the Planning Commission's denial of VAR 90- 0027 to allow for additional sign height and APPROVES a modified sign height Variance subject to the following conditions.: I. One freeway oriented (freestanding) sign. with a maximum area of 750 square feet per face and a maximum height of 65 feet shall be permitted. *2. The two nonconforming signs shall be removed by July 1, 1993- 3. Prior to erecting any signs, permits shall be issued by the Planning Division. STAFF CONTACT: Ron Pomeroy, Planning Division, 639-4171. THIS APPROVAL SHALL BE EFFECTIVE ON AND AFTER THE 30TH DAY AFTER ITS PASSAGE BY THE COUNCIL, APPROVAL BY THE MAYOR AND POSTING BY THE RECORDER. THIS APPROVAL IS VALID IF EXERCISED WITHIN 18 MONTHS OF THE FINAL APPROVAL DATE NOTED BELOW It is further ordered that the applicant be notified of the entry of this order. PASSED: By U r7 Q r-6 rrt v(.(S vote of all Council members present after bein read by number and title only, this 1Dtk1 day of �n_�3=b-el ; 1991.Catherine Wheately, City ecorder APPROVED: This — day of pt r , 1991_ raid R. Edwards, Mayor Approved ....s to form: City Attorney SCE 90-0005/VAR 90-0027 FERRYMAN PAGE 7 *This wording reflects the amendment approved by Council on 9/10/91. The purpose of the amendment was to coincide removal date of signs with expiration date of lease for the signs, and as referred to in testimony by Mr. Steve Abel, Mr. Ferryman's legal counsel. C. tDA&d-tom, c4j (&16-1&1-A- i