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01/05/2004 - Minutes CI AGENDA 4 222 City of Tigard anrs„rty DEthop»vr aping TIGARD PLANNING COMMISSION siA S � �� JANUARY 5, 2004 7:00 p.m. TIGARD CIVIC CENTER— RED ROCK CREEK CONFERENCE ROOM 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS 4. APPROVE MINUTES 5. ELECTION OF VICE-PRESIDENT 6. PUBLIC HEARINGS 6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00002 TEMPORARY A-FRAMES IN RESIDENTIAL ZONES SIGN CODE AMENDMENT REQUEST: A Zone Ordinance Amendment to amend the sign regulations to allow temporary A-frame signs in residential zones without a permit subject to size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780. 6.2 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of"Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, 18.390 and 18.780. 7. GOAL 5 SITE SPECIFIC ESSE ANAYLSIS UPDATE/RECEIVE PLANNING COMMISSION COMMENTS 8. OTHER BUSINESS 9. ADJOURNMENT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 5, 2004 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Bienerth, Buehner, Caffall, Haack, Munro, and Sutton Commissioners Absent: Commissioners Mores and Webb Staff Present: Dick Bewersdorff, Planning Manager; Morgan Tracy, Associate Planner; Brad Kilby, Associate Planner 3. PLANNING COMMISSION COMMUNICATIONS Rex Caffall was welcomed as a new Planning Commissioner; the new Planning Commission alternate, Kathy Meads, was introduced. 4. APPROVAL OF MINUTES It was moved and seconded to approve the December 1, 2003, meeting minutes as submitted. The motion passed unanimously. It was moved and seconded to approve the December 8, 2003, meeting minutes as submitted. The motion passed by a vote of 5-0. Commissioners Padgett and Sutton abstained. 5. ELECTION OF VICE-PRESIDENT Judy Munro was elected as Vice-President of the Planning Commission. 6. PUBLIC HEARINGS 6.1 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00002 TEMPORARY A- FRAMES IN RESIDENTIAL ZONES SIGN CODE AMENDMENT REQUEST: A Zone Ordinance Amendment to amend the sign regulations to allow temporary A-frame signs in residential zones without a permit subject to size and placement restrictions. LOCATION: Residential Zones. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.780. PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page I ( , STAFF REPORT Associate Planner Morgan Tracy presented the staff report. He reported that this amendment has been proposed by a private citizen on behalf of several in the real estate profession. The issue at hand is that A-frames are prohibited forms of signage in residential zones. A-frames used to advertise open houses in other areas, (or sometimes even within Tigard, although they shouldn't have been there). This is a fairly common practice of real estate agents to direct potential clients and "Sunday drivers" to their showings. Staff has routinely impounded signs and cited people who place A-frames in residential zones (more often though, this has been the result of those signs being placed in the right-of-way). To address the needs of real estate agents, the applicant met with staff to develop some preliminary text revisions. Staff suggested that certain limitations be added to protect neighborhoods from sign accumulation and clutter. The proposed amendment language is the result of that collaboration. Staff has since discovered that due to the construction of the sign code and the manner in which one of the definitions is written, A-frame signs would have no longer been allowed in commercial zones. A revision is suggested to change the definition of Lawn Sign: c. Lawn Sign - temporary signs placed on private property supported by one stick, post, rod, or A-frame in or on the ground. A lawn f-^^ anding sign in residential zones which is exempt from sign permit requirements provided the size requirements in Subsection 18.780.060 1624 can be met. A lawn sign in commercial or industrial zones is subiect to temporary permit requirements as provided for in Subsection 18.780.100. This resolves the issue with allowing A-frames in commercial zones, however, there remains a disparity between the two zoning classifications in that commercial zoned properties are required to obtain a $15 permit good for 30 days to place their signs, while residentially zoned properties do not. Considering the amount of time most residential A-frames would be used (for garage sales, estate sales, open houses) staff feels that a permitting process for these signs would be burdensome to property owners and staff alike. The City's code enforcement officer notes that the majority of sign enforcement is due to placement of signs in the right-of-way, and that this amendment will not resolve those problems. Other issues, such as monitoring when signs are removed, may also be problematic, although it is acknowledged that this provision is intended to discourage signs from being left out for"extended" PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 2 periods of time. Staff recommends that the Planning Commission amend the sign regulations as proposed by the applicant, with the change previously noted along with any other alterations as determined through the public hearing process and make a final recommendation to the Tigard City Council. Tracy advised that A-frames are generally allowed in most jurisdictions. He also advised that there are specific sign regulations with home occupation permits. APPLICANT'S PRESENTATION Heather Adams, 12655 SW North Dakota St., Tigard, OR 97223, testified that homeowners are upset that realtors cannot use A-frame signs in the City of Tigard and that she has received citations when she used the signs. She showed signs that the realtors are hoping will be approved. She stated the realtors were not asking to put the signs in the right-of-way. Martha Brooks, 5331 SW Macadam Ave., Suite 207, Portland, OR 97239, spoke on behalf of the Portland Metropolitan Association of Realtors. Her testimony is attached as Exhibit A. Commissioner Sutton asked about the importance of an A-frame sign as opposed to a sign on a stick. It was acknowledged that off-site directional signs are easier to place if they are A-frame signs. PUBLIC TESTIMONY— IN FAVOR Rob Blakely, 11645 SW Hazelwood Loop, Tigard, OR 97223, said he is embarrassed that Tigard has such a restrictive sign code and urged the Commission to approve the proposed amendments. Pat Savage, 16902 SW Steele Way, Beaverton, OR 97006, testified that she has had directional signs removed that were not in the right-of-way. She asked why signs couldn't be placed in the right-of-way if they weren't in anyone's way. Melvin Broadous, 7885 SW Fanno Creek Dr., Tigard, OR 97224, noted the difficulty in complying with regulations and still being able to do business. He encouraged the proposed changes to allow more signage area. Michael Curtis, 12549 SW Main St., Tigard, OR 97223, said this is an issue in every municipality. He reported that signage is best way to advertise. He believes at least 50% of his business comes from advertising with signs. Bill Barry, 7535 SW Greenwood Dr., Portland, OR 97223, asked the Commissioners if they had ever sold a home and, if so, did signs help in the sale. Mike Lavios, 2450 Glen Haven Rd., Lake Oswego, OR 97034, said other speakers had already addressed his issues. PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 3 Richard Boyce, 7800 SW Bond St., Tigard, OR 97224, spoke on behalf of the Business Advocacy Committee to the Tigard area Chamber of Commerce. This issue has been discussed by their group several times. They are in support of this ordinance amendment. Commissioner Buehner noted that people have differing opinions about the number of signs (too many or not enough) in Tigard. Jim Poison, 14400 SW McFarland Blvd., Tigard, OR 97224, said he would personally like to see directional signs disappear, but A-frames are essential to doing business. Bill Hester, 15962 SW Enna Ct., Tigard, OR 97224, complained about the Code Enforcement Officer. PUBLIC TESTIMONY— IN OPPOSITION None PUBLIC HEARING CLOSED After discussion, Commissioner Buehner moved to recommend to Council to amend all of the subsections related to application ZOA 2003-00002, to amend the code to provide that the sign code allow signage up to 24 square feet in residential zones and specifically allowing A-frame signs (to delete them from the ban) and putting them under "Temporary Signs", but only on the property of the owner. There was no second to the motion. The motion failed due to a lack of a second. Commissioner Sutton moved that the Planning Commission recommend to Council that they approve the sign ordinance amendment, ZOA 2003-00002, as written, with the exception in section 18.780.060 that the total of 24 square feet include all signs, including the 4"x24" riders (strike the "plus one sign not to exceed 4 inches by 24 inches may additionally be attached to a lawn sign") and a further exception that instead of 6 square feet per face, that it be 4 square feet per face on any of the signs within that 24 square feet, to apply to all residential zones. There is no point in distinguishing between A-frames and stick signs; the maximum shall be 4 square feet per face on any of the signs, with a maximum of 24 square feet per property. Commissioner Haack seconded the motion. The motion passed by a vote of 4-2 with one abstention. 6.2 ZONE ORDINANCE AMENDMENT (ZOA) 2003-00003 BILLBOARDS & FREESTANDING FREEWAY ORIENTED SIGNS CODE AMENDMENT REQUEST: To review and amend the Tigard Sign Code Chapter 18.780 to clarify language regarding "Billboards" and "Freestanding Freeway Oriented Signs," and to amend the language of Section 18.230.030 to make the definition of"Responsible Party" consistent with Tigard Municipal Code Section 18.740.020(A)(1-3). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.230, 18.380, PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 4 18.390 and 18.780. STAFF REPORT Associate Planner Brad Kilby presented the staff report. He reported that in April 1993, the Tigard City Council agreed to prohibit billboard signs in the Tigard city limits, but in the course of writing code, there were some terms that were left vague. Earlier this year, two companies applied for building permits to construct billboards along Hwy. 217. The City denied the permits based on the size and heights of the signs. The companies filed appeals with the Oregon Land Use Board of Appeals. The City prevailed with the appeals, however, LUBA thought we needed to clarify our code. The proposed amendments will accomplish the following objectives: • Amend the definition of"Responsible party" in Section 18.230.030 to be consistent with the definition of"Responsible party" in the Tigard Municipal Code. • Amend the Purpose statement of the Tigard Development Code (TDC) Chapter 18.780 to delete the adoption of the Oregon Motorist Information Act (OMIA) by reference. • Amend the definition of"Billboard" to mean signs larger than the maximum size allowed. • Delete the term "Billboard structure." • Delete the term "Public sign." • Require that OMIA permitted signs be reviewed by City of Tigard staff through a type I process. • Delete the requirement for a sign code exception by the Commission in order to allow freeway-oriented signs. • Delete the amortization clause for Billboards along Highway 99W with the amortization date of June 10, 1998. PUBLIC TESTIMONY None PUBLIC HEARING CLOSED After discussion, Commissioner Buehner, with regard to ZOA 2003-0003, moved that the Commission recommend to City Council approval of the proposed changes to the sign code amendment and section 18.280 as submitted, based on findings in the staff report and discussion held. Commissioner Caffall seconded the motion. The motion passed unanimously. 7. GOAL 5 SITE SPECIFIC ESSE ANAYLSIS UPDATE/RECEIVE PLANNING COMMISSION COMMENTS This agenda item was cancelled. It will be rescheduled for a later date. PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 5 ( 8. OTHER BUSINESS The Commission will meet on January 26th for a Comprehensive Plan workshop. 9. ADJOURNMENT The meeting adjourned at approximately 9:10 p.m. er ,ii, Jer -- I aynor, PI ning `.i mission Secretary ATTES : Presi nt Mark Padgett PLANNING COMMISSION MEETING MINUTES -January 5,2004-Page 6 CPortland Metropolitan 6-, P M A R /EAil2,+ Association of Realtors® \ 14" TESTIMONY BEFORE THE CITY OF TIGARD PLANNING COMMISSION JANUARY 5, 2004 ON CODE AMENDMENT TO ALLOW THE PLACEMENT OF TEMPORARY A-FRAME SIGNS IN RESIDENTIAL ZONES ZOA 2003-00002 Good evening. I am Martha Brooks, vice president of Governmental Affairs for the Portland Metropolitan Association of Realtors°located at 5331 SW Macadam Avenue, Suite 207, Portland, Oregon 97239. In addition to serving in this capacity, I am also a Realtor®, with more than 16-years of experience, with an office in the Tigard Triangle. On behalf of the 5700 members of the Portland Metropolitan Association of Realtors®, I urge your support of the Zone Ordinance Amendment (ZOA 2003-00002)to allow temporary a-frame signs in residential zones. The proposed amendments before you are the result of Realtors° sitting down with City Staff to fmd a way that will allow Realtors°to adequately market the citizen's of Tigard's homes without seriously compromising the appearance of the City. We appreciate being able to work with City Staff on drafting the amendments. Dick Bewersdorff and Morgan Tracy were easy to work with and accessible through out the process. They should be complemented The proposed amendments to the City's Development Code will facilitate active home sales to the benefit of the entire community. No one—the seller,the neighbors, or the police—want a home on the market or sitting vacant for an unnecessarily long period of time. A-frame signs properly direct prospective homebuyers to the homes for sale or rent and underscore a vibrant marketplace. Every day, individuals and families are buying and selling homes in Tigard. In 2002, Realtors° helped sell more than$286 million worth of property in the City. In 2003, Realtors°were part of transactions totaling more than$329 million. The benefit to the community of home sales is extensive. It is estimated that roughly 30-percent of the new home occupant's income is spent on items produced by local businesses, such as medical care, daycare, and services such as dry cleaning and auto repair(source: The Importance of America's Housing Sector to the Economy, David Lereah,National Association of Realtors°, Winter 2003). 5331 SW Macadam Avenue, Suite 207 P Portland, OR 97239 503.228.6595 REALTOR' Fax 503.228.4170 Portland Metropolitan AsCation of Realtors® C Before the City of Tigard Planning Commission January 5, 2004 Page 2 Helping maintain the vitality of a city—a community—is what Realtors® do. Realtors®are business people who serve the community; assist the residents and tax payers of the city. We help people realize the American Dream of homeownership. One of the tools we use in our business is signs. We place signs on the property to communicate to potential buyers. We use signs to assist people in finding homes in this community that are for sale. Our clients ask us to use,and want us to use, signage to market their home. We fully support the proposed changes to the City's code that will increase the allowed square footage of sign and allow A-frame style signs on private property in residential zones. The increase in allowed square footage allows the home seller to convey a message as to the value of the home to the potential buyer. It can also lei a potential buyer know when the house will be open for viewing. A-frame signs—simply a four-sided sign with a message on two sides—are an industry standard which are easily recognized by the public as a communication tool used by Realtors®. A-frames are less intrusive to the environment in that they are not stuck into the ground where damage can be done to irrigation systems and vegetation. A-frames are temporary in nature being put up and removed frequently. And, moved from location to location. It is not practical that they be a stick-sign. We agree that the hours of allowed use should be limited to 8:00 a.m. to 6 p.m. Real estate open houses, garage and estate sales, Christmas tree recycling and the like are events that do not extend into the evening hours. Thus there is no need for the a-frame sign to remain standing beyond 6 p.m. In conclusion,the members of the Portland Metropolitan Association of Realtors° ask you support of the sign code amendments before you and ask that you recommend to the City Council adoption of the changes. I appreciate your consideration of these comments and am available to answer any questions. Thank you.