01/05/2004 - Minutes CI
AGENDA
4 222
City of Tigard
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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
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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
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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.