HomeMy WebLinkAboutlogged031 JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street
Port Townsend, WA 98368
STAFF REPORT TO
JEFFERSON COUNTY HEARING EXAMINER
RE: Application for Type III ) PROPOSED FINDINGS,
Zoning Conditional Use Permit ) CONCLUSIONS, AND
) RECOMMENDATIONS
File No: MLA17-00095 (ZON17-00028)
Applicant: Jefferson Transit
1615 W Sims Way
Port Townsend, WA 98368
Project Planner: Emma Bolin, Associate Planner
Development Review Division
Department of Community Development
Jefferson County, WA.
SUMMARY OF APPLICATION AND RECOMMENDATION
Date of Application: The Application was received on December 20, 2017 and deemed complete on May
18, 2018.
Open Record Hearing: Tuesday, June 26, 2018 2pm – First Floor Conference Room, Jefferson County
Courthouse.
Application: TYPE III CONDITIONAL USE PERMIT to utilize electronic changing message
technology which is an attribute of a sign previously installed at the Jefferson Transit Center. The
Department of Community Development (DCD) reviewed the location and size of the sign under building
permit, BLD14-00015, but said sign was not to include changing message capability. A Board of County
Commissioners Agreement authorized Jefferson Transit to install and test the sign but did not authorize
Transit to utilize the proposed changing message technology “until such time as County Code Section
18.30.150 is amended to reflect that location of such sign in a residential zone would be a lawful use.”
Since the agreement, Ordinance # 1-16 amended the Jefferson County Code allowing changing messages
signs which are also governmental signs through a conditional use permit process if the sign is placed or
installed within 150 feet of the logical outer boundary of a Local Area of More Intense Rural
Development (LAMIRD). The sign is within 150-feet to the logical outer boundary of the 4 Corners
LAMIRD. Because Transit installed the sign before ordinance approval, DCD denied BLD14-00015. A
building permit application will be required to formalize the final county building approval for the sign.
The project is exempt from SEPA review under WAC 197-11-800(2)(c).
Recommendation: Approve with Conditions
Staff Report to the Jefferson County Hearing Examiner
MLA17-00095 (ZON17-00028)
BACKGROUND INFORMATION
Owner/Applicant: Jefferson Transit
Representative: Jim Gibson
Legal Description and Location: Parcel number 001 332 009, Section 33, Township 30N, Range 1W,
WM, located at 63 Four Corners Rd, Port Townsend 98368
Site Conditions: The parcel is approximately 11 acres in size. It is accessed from Four Corners Road. There
is an existing bus maintenance facility, park and ride, employee offices, bike barn, bus stop, and gravel trail
for future connection to the Larry Scott Trail at this location. The sign is currently installed to the west of
the access on the subject property. The site is generally flat. The majority of the parcel is landscaped and
surrounded by the gravel trail and mature native vegetation. State Highway 20 borders the site to the west.
There is vacant land zoned RR1:5 to the north of the site. Existing single family residential development
exists to the east and to the south across Four Corners Road. There is also a parcel zoned
Neighborhood/Village Crossroads to the southwest where there is currently a gas station and convenience
store. The parcel containing the gas station is coincident with the outer limit of the Local Area of More
Intense Rural Development (LAMIRD). To the west of SR20 intersection and 4 Corners Rd, there is a UPS
distribution facility.
Comprehensive Plan Designation: Splits zoned: Rural Residential one dwelling units per ten acres
(RR1:10) and Rural Residential one dwelling unit per five acres (RR1:5).
Site Visit: Staff conducted a site visit and took photos on June 8, 2018 at approximately 10:15 p.m. It was
raining during the site visit (see site photos– log item 28).
State Environmental Policy Act (SEPA): The project is exempt from SEPA review under WAC 197-11-
800(6) Land Use Decisions and (2)(c) for installation of commercial on-premise signs, and public signs and
signals, including those for traffic control and wayfinding.
Critical Area Review: The proposal received consistency review pursuant to the Jefferson County Unified
Development Code, including review and consideration of any existing on-site critical areas. The following
Critical Areas mapped by GIS on the subject property: Special Aquifer Recharge Protection Area (SARPA),
susceptible aquifer recharge area, and seismic hazard area.
APPLICATION NOTICE
(see Certification of Mailing – log item 26)
Public Notice was published in the Port Townsend-Jefferson County Leader newspaper:
Notice of Type III Application: May 23, 2018.
Notice was posted on the property:
Notice of Type III Application: May 21, 2018.
The applicant, the project representative, and all property owners within 300 feet were notified by mail:
Notice of Type III Application mailed: May 22, 2018.
Relevant Agencies
Notice of Type III Application, permit application with site and building plans mailed or routed: May 22,
2018 to the following agencies:
Jefferson PUD
Jefferson County Environmental Health
Jefferson County Public Works
Jefferson County Sheriff
School District 49
Fire District 1
Port or Port Townsend
Public Comments:
DCD did not receive any public comments regarding the project.
Agency Comments:
DCD did not receive any agency comments regarding the project
Public Notice Hearing: A public open record hearing before the Jefferson County Hearing Examiner is
scheduled for June 26, 2018 at 2pm in the First Floor Conference Room of the Jefferson County Courthouse.
Public Notice for the Open Record Hearing was published in the Port Townsend-Jefferson County
Leader newspaper:
Notice of Open Record Hearing: June 13, 2018.
Notice was posted on the property:
Notice of Open Record Hearing: June 11, 2018
The applicant, the project representative, and all interested parties from the notice of application were
notified by mail/email:
Notice of Open Record Hearing: Email: June 12, 2018 – U.S. Mail: June 12, 2018
STAFF FINDINGS
This section constitutes Staff findings regarding consistency of the application with the Jefferson County
Comprehensive Plan, and the Jefferson County Unified Development Code.
1. Proposal Summary: The proposal is for a Type III conditional use permit to utilize electronic
changing message technology which is an attribute of a sign previously installed at the Jefferson
Transit Center. The sign location and size was reviewed under building permit, BLD14-00015. Sign
Installation and testing was authorized by a Board of County Commissioners Agreement; however the
Agreement did not authorize the proponent to utilize the proposed changing message technology until
such time Jefferson County Code Section 18.30.150 would be amended to reflect that location of such
sign in a residential zone would be a lawful use. Since the agreement, Ordinance # 1-16 amended
Jefferson County Code to require a conditional use permit for governmental signs in residential zones.
The sign is within 150-feet to the logical outer boundary of a Local Area of More Intense Rural
Development (LAMIRD).Because the sign was installed before the ordinance was approved, BLD14-
00015 approval was denied. A building permit application will be required to formalize the final
county building approval for the sign. The project is exempt from SEPA review under WAC 197-11-
800(2)(c).
2. Jefferson County Comprehensive Plan: The proposed project is subject to the goals and policies of
the Jefferson County Comprehensive Plan. The Jefferson County Comprehensive Plan was adopted in
1998 to implement the Washington State Growth Management Act (GMA).
a) The Jefferson County Comprehensive Plan, 1998, Land Use and Rural Policy 5.5 states: “Ensure
visual compatibility and traditional design elements for Rural Crossroads commercial infill
development with the surrounding rural area through the creation and implementation of
Staff Report to the Jefferson County Hearing Examiner
MLA17-00095 (ZON17-00028)
community based design and development standards. Uses within Rural Crossroads shall be scaled
and sized to protect the rural character of the natural neighborhood.
Staff Comment: Jefferson County developed regulations for permitting changing message signs
within a rural residential district through a public process which considered what zones and process
would be allowed for this use. The regulations are codified and regulated in the Unified
Development Code (UDC) of the Jefferson County Code (JCC 18.30.150(6)(c)). This process
found that the LAMIRD had [seen] some redevelopment of the gas station with an illuminated sign
and a proposal by UPS for a small expansion to their package transfer facility. The ordinance
included a finding that the sign is consistent with the adjacent LAMIRD and that the conditional
use permit review would allow the public to appropriately evaluate specific impacts.
b) The Jefferson County Comprehensive Plan, 1998, Land Use and Rural Goal 17.0 Ensure that
transportation is safe, efficient, multi-modal, and based on levels of service that correspond to the
land use densities in the Comprehensive Plan.
Staff Comment: The proposed sign messaging is for public service announcements, which
contributes to transportation safety and efficiency. Examples of announcements include “Be careful
icy roads,” “Drive carefully” etc. During the site visit, Jefferson Transit displayed a message stating
the time and temperature.
c) The Jefferson County Comprehensive Plan, 1998, Land Use and Rural Policy 18.2 (p. 3-61)
states: “Environmental quality is critical to the preservation of rural character.”
Staff Comment: The proposed project is located outside of all existing wetland, stream and fish
and wildlife habitat conservation areas and their associated buffers. The proposed use is not listed
as prohibited in a Special Aquifer Recharge Protection Area. The sign location has already been
reviewed for critical areas and received installation authorization from the Board of County
Commissioners.
d) The Jefferson County Comprehensive Plan, 1998, Environment Goal 8.0 (p. 8-25) states:
“Protect the habitability, environmental quality and natural beauty of Jefferson County from the
adverse impacts of development with respect to viewsheds and noise and mitigate impacts based
on the conditions.”
Staff Comment: The applicant shall comply with JCC 18.30.150(3)(i) Changing Message Sign
definition to ensure that ambient light emitted from the changing message sign does not alter the
nighttime viewshed. Existing development within the LAMIRD features bright lights from the
adjacent gas station and the park and ride that already alter the night sky. The applicant proposes
to test the sign annually to ensure compliance with changing message sign ambient light limits. If
annual testing reveals that the sign does not comply with ambient light limits, JTA will set the sign
timer to turn the sign off between the hours of 10pm and 4am. The proposal will not introduce any
noise impacts. The project location is proposed on a site previously approved and intensively
developed for the Transit Center and is landscaped such to preserve the natural beauty of the County
with mature vegetation surrounding the park and ride facility, which also provides a layer of canopy
directly above the sign.
e) The Jefferson County Comprehensive Plan, 1998, Environment Policy 8.3 (p. 6-25) states:
“Establish standards to limit the glare from outdoor lighting.”
Staff Report to the Jefferson County Hearing Examiner
MLA17-00095 (ZON17-00028)
Staff Comment: The proposed lighted is limited to that for the changing message sign function and
shall comply with JCC 18.30.150(3)(i) Changing Message Sign definition. Lighting is an integral
function of the sign. The lighting will flash when messages are changed and will be visible from
adjoining properties and public rights-of-way; however the lighting will be energy-efficient and
adjustable to minimize glare and reflections off site. The lights provided by the existing gas station
to the southwest and the park and ride facility to the north emit bright ambient light. The sign does
not provide any additional glare. During the rainy evening on the staff site visit, the sign did not
appear to provide any noticeable light impacts.
f) The Jefferson County Comprehensive Plan, 1998, Transportation Goal 2.0 states “Promote a
coordinated and integrated public transportation system available to all residents, guests, and those
without personal transportation options in Jefferson County.”
Staff Comment: The proposed sign would promote use of public transportation and would provide
the necessary information to all residents, guests and those without personal transportation options
regarding public transportation systems integration and coordination.
g) The Jefferson County Comprehensive Plan, 1998, Transportation Policy 3.7 states “Support
educational opportunities for children and adults that will encourage safe use of roadways, trails,
and sidewalks for all transportation modes.”
Staff Comment: The proposal will provide information for county residents and visitors to facilitate
public transit use and other public service announcements relating to regional travel and safety.
Jefferson County Code: The proposal is subject to all applicable sections of the Jefferson County Code.
The following sections of the JCC are specifically applicable to the proposal:
15.05.060 Building Permits – Department of Community Development
18.30 Development Standards
18.30.140 Lighting
18.30.150 Signs
18.40 Permit Application and Review Procedures
18.40 Article VIII Conditional Uses
3. Jefferson County Code – 15.05.060 Building Permits – Community Development
(1) Development Review Division. No building permit shall be issued unless and until the application
for the permit has been approved by the Jefferson County department of community development –
development review division when such approval is required by ordinance.
Staff Comment: The Development Review Division reviewed and approved the sign application under
BLD14-00015. The proponent submitted a revision changing the location and the type of sign to an
electronic changing message sign. The building permit was denied because a ch anging message sign
was prohibited in a rural residential zone. However, the sign location and dimensions were reviewed
by the Development Review Division and the Board of County Commissioners formalized approval
via Agreement to Jefferson Transit, which stated that the sign must remain turned off until the board
approved an ordinance allowing changing message technology in a rural residential zone. Thus, a new
building permit is still required to formalize the conditional use approval. Also, JCC 18.40.560
Effective Period – Expiration states “that a conditional use permit automatically expires and becomes
void if the applicant fails to file for a building permit or other necessary development permit within
Staff Report to the Jefferson County Hearing Examiner
MLA17-00095 (ZON17-00028)
three years of the effective date.” A new building permit consummates a conditional approval. This
approval is conditioned accordingly.
4. Jefferson County Code – 18.30.140 Lighting.
JCC 18.30.140(1) Exterior Lighting. Exterior lighting shall not exceed 30 feet in height from the
finished grade for commercial and industrial uses, and 20 feet for residential uses (except when such
lighting is an integral part of the building). Exterior lighting shall be energy -efficient and shielded or
recessed so that direct glare and reflections are contained within the boundaries of the parcel. Exterior
lighting shall be directed downward and away from adjoining properties and public rights -of-way. No
lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be
appropriate in scale, intensity, and height to the use they are serving. Any lighting installed in parking
areas shall be of direct cutoff design so that the source is not visible from adjacent property.
Staff Comment: This is a condition of approval. The sign is less than 6 feet tall and does not exceed the
height limit. The sign is comprised of Light Emitting Diode (LED) bulbs, which is energy efficient.
The lights comprising the sign will be static most of the time and will only blink or flash when the sign
message text changes. In order to avoid blinking or flashing, the message must remain fixed for at least
three seconds in compliance with JCC 18.30.150(3)(i) Changing Message Sign Definitions. The light
will be a single color. The sign may only display text. Animated graphics may not be displayed. With
mitigating conditions in this approval, the light will not be of unusually high intensity or brightness.
The lights from the changing message sign will not be directed downward and will be visible from
public rights-of-way and adjoining properties; however, the sign has 64 levels of display dimming
capability to reduce impacts and ensure the sign’s light is appropriate in scale and intensity for
surrounding uses. The surrounding uses already contribute to an existing bright area flooded with light.
Parking lot lighting is not part of this proposal. As conditioned, the proposal complies with this section.
5. Jefferson County Code – 18.30.150 Signs
(3) Definitions.
(i) “Changing message sign” means a type of “moving sign” where only the display of words,
symbols, graphics or images can be electronically or mechanically changed by remote or automatic
means, and where the image and/or message remains fixed for at least three seconds, and where
only the changing message exhibits movement and where the brightness or illuminance of the sign
does not exceed 0.3 foot-candles above ambient light as measured during the night between the
hours of 10:00 p.m. to 2:00 a.m. using a foot-candle meter at a preset distance depending on sign
size. The measuring distance in feet shall be determined by the product of the square root of the
sign area and 100. In addition, illuminated moving signs with changing messages shall be equipped
with automatic dimming technology which automatically adjusts brightness due to ambient light
conditions.
Applicant Comment: Control of the light intensity can be done in 3 ways. The sign is controlled
by a computer running a software called Venus 1500. This software has two modes of
controlling the intensity.
1. The first is called AUTOMATIC MODE. This mode senses the outside light levels adjacent
[to] the sign location and can automatically dim the sign to a preset level. The software has a
setting where we can enter the level to maintained over/under the measured light level of the
ambient and surrounding light levels.
Staff Report to the Jefferson County Hearing Examiner
MLA17-00095 (ZON17-00028)
2. The second is MANUAL MODE where the light levels are set based on date and time. This
will change the sign intensity every day at a desired time.
3. The final option for controlling the sign intensity is to set the program to turn off the sign
from 10:00 pm to 2:00am each day. However this is not the desired option. Given we have
the Automatic settings that will regulate the intensity JTA intends to operate the sign in the
Automatic mode and verify the light levels annually.
Staff Comment: The sign illumination is automatically or manually adjustable and can emit a
maximum of 418.1 foot candles. The sign is equipped with an automatic dimming technology to
adjust brightness based on a preset to be maintained over or under ambient light conditions.
While the sign is already installed, the applicant stated that a not yet installed sign would have
difficulty demonstrating compliance with the ambient night limits prior to approval. The
proponent is confident that the sign can be operated to meet these limits and proposes to test the
sign annually in July and submit testing results to Jefferson County of the foot-candle
measurement. If the sign exceeds the 0.3 foot candle limit above ambient light from 316 feet
away, which is the product of the square root of the sign area (approx. 10 square feet) and 100,
between the hours of 10:00 p.m. and 2:00 a.m., Jefferson Transit Authority will program the sign
timer to turn off during those hours. The test reading should be taken off of 4 Corners Rd to the
east and west of the sign as well as from the right of way adjacent to 40 4 Corners Rd. This is the
residence directly across from the sign.
Staff accepts this provision to test the sign initially in July; however, staff recommends changing
the annual testing date to December, which will ensure an accurate depiction of the sign’s
brightness compared to ambient light. December is the darkest month of the year with the shortest
days; therefore, the ambient light will be darker in comparison to the sign. Also, December is
more likely to have wet weather and relative humidity during the rainy season, which can amplify
the reflection of sign light. The testing should be conducted annually for three years, with final
test submittal in December 2020. After three years of testing during the darkest time of the year
staff expects that data would be sufficient to determine the sign’s compliance with the foot candle
limit. If the sign fails to comply, staff recommends the sign be turned off between 10pm and 4am,
which is when impacts are likely to occur. The 10 p.m. to 2 a.m. timeframe was designed for
testing purposes only. As conditioned, the sign shall comply with this requirement.
6. Design Standards. All signs must meet the following standards: *Note that design standards
regarding size and placement were reviewed and approved based on the Board of County
Commissioners memo.1
(a) The illumination of signs shall be shaded, shielded, or directed so the light intensity or brightness
shall not adversely affect surrounding properties or public and private rights-of-way or create a
hazard or nuisance to the traveling public, or to surrounding properties.
Staff Comment: The surrounding light from the existing uses already creates a very bright area.
Therefore the sign itself does not create a hazard or nuisance to the traveling public or to
surrounding properties. The light intensity is adjustable. The proponent committed to annual
testing to ensure that the illumination is within changing message sign limits. As conditioned, the
proposal complies with this requirement.
1 Design standards regarding size and placement were reviewed and approved based on the Board of
County Commissioners memo (Log Item #2).
Staff Report to the Jefferson County Hearing Examiner
MLA17-00095 (ZON17-00028)
(b) No sign or part thereof shall consist of rotating, revolving, or moving parts; consist of banners,
streamers, or spinners; or involve flashing, blinking, or alternating lights; provided, that
exceptions to this standard are temporary signs associated with local festivals, fairs, parades, or
special events pursuant to subsection (8)(b) of this section; moving signs where the movement is
induced wholly by naturally occurring causes, such as wind or human power; and changing
message signs allowed pursuant to subsection (6)(c) of this section.
Staff Comment: The proposal does not include any moving parts. The lights will not blink or
flash other than to change the message consistent with the exception provided for changing
message signs.
(c) Changing message signs are allowed only in rural commercial, rural industrial, urban
commercial, and master planned resort commercial zones and must be directed away from
adjacent property zoned residential or open space, including properties across a public right-of-
way; except that changing message signs which are also governmental signs, as defined
elsewhere in this code, are allowed in other zoning designations not listed here, through a
conditional use permit (C) process, if the parcel where the proposed changing message sign
would be built, installed or placed is owned by a municipal corporation or other public entity, and
the sign is placed or installed within 150 feet of the logical outer boundary of a LAMIRD. No
changing message sign may be located closer than 200 feet from adjacent property zoned
residential or open space, as measured from the sign location to the nearest property line of the
residential or open space zoned property; provided, that a changing message sign may be closer
than 200 feet to a residential or open space zone with review and approval through a conditional
discretionary use permit process (C(d)) if proposed by a nongovernmental entity, or with review
and approval through a conditional use permit (C) process if proposed by a governmental entity
as described above.
Staff Comment: The applicant, Jefferson Transit Authority is a municipal corporation as
established in the Jefferson Transit Authority Bylaws. The sign is approximately 144 feet from
the outer boundary of the Four Corners LAMIRD. The applicant applied for a conditional use
permit as required. The sign is oriented east to west and is therefore directed away from the
residential property south of the 4 Corners right-of-way located at 40 4 Corners Rd. The light
from the sign does not contribute to any additional glare than what is currently shining towards
the right-of-way and adjacent residential properties from the gas station and park and ride facility
parking lot lighting. There are no open spaces zones in the vicinity.
7. JCC 18.40.530(1) The county may approve or approve with modifications an application for a
conditional use permit (i.e., uses listed in Table 3-1 in JCC 18.15.040 as “C(a),” “C(d)” or “C”) if all
of the following criteria are satisfied:
(a) The conditional use is harmonious and appropriate in design, character and appearance with
the existing or intended character and quality of development in the vicinity of the subject
property and with the physical characteristics of the subject property;
Staff Comment: The conditional use is harmonious with the character of the surrounding area,
which is within 144 feet to the outer boundary of a LAMIRD. The LAMIRD consists of a gas
station, which contains its own lighted sign, a UPS facility, a mini-storage facility, and a park and
ride facility at the site. The intensity of the existing outdoor lighting is more than the proposed
sign. The Planning Commission’s findings are included in the ordinance, which state that the sign
Staff Report to the Jefferson County Hearing Examiner
MLA17-00095 (ZON17-00028)
is consistent with the adjacent LAMIRD and that the conditional use permit review would allow
the public to appropriately evaluate specific impacts.
(b) The conditional use will be served by adequate infrastructure including roads, fire protection,
water, wastewater disposal, and stormwater control;
Staff Comment: The only infrastructure needed for the changing message sign technology is
electrical, which is provided at the site.
(c) The conditional use will not be materially detrimental to uses or property in the vicinity of the
subject parcel;
Staff Comment: The applicant will be testing the sign annually to ensure the illuminance does not
exceed the threshold for a changing message sign. If it does not, the applicant will turn t he sign
off from 10:00 p.m. to 4:00 a.m. “Materially detrimental” means causing damage or harm;
injurious to a significant extent or degree. With compliance to the proposed conditions of
approval, this proposal will not be materially detrimental to other uses or property in the general
vicinity. The proposal meets this criterion.
(d) The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other
conditions or which unreasonably impact existing uses in the vicinity of the subject parcel;
Staff Comment: The only impact due the changing message sign technology is light. The
applicant will test the sign annually to ensure it is within illuminance limits. Otherwise, the
applicant will turn the sign off from 10:00 p.m. to 4:00 a.m. to avoid unreasonable impacts to
existing uses in the vicinity. The proposal meets this criterion.
(e) The location, size, and height of buildings, structures, walls and fences, and screening
vegetation for the conditional use will not unreasonably interfere with allowable development or
use of neighboring properties;
Staff Comment: The changing message technology for the sign will not unreasonably interfere
with allowable development or use of neighboring properties. The proposal meets this criterion.
(f) The pedestrian and vehicular traffic associated with the conditional use will not be hazardous
to existing and anticipated traffic in the vicinity of the subject parcel;
Staff Comment: The applicant has already constructed pedestrian, vehicular, and parking areas
for the park and ride facility, which will not be impacted by the sign’s changing message
technology. The pedestrian and vehicular traffic will not be hazardous to existing and anticipated
traffic in the vicinity. The proposal meets this criterion.
(g) The conditional use complies with all other applicable criteria and standards of this code and
any other applicable local, state or federal law; and more specifically, conforms to the standards
contained in Chapters 18.20 and 18.30 JCC;
Staff Comment: The proposed project is in compliance with all applicable criteria and standards
of the Jefferson County Code, federal and State law. The proposal meets this criterion.
(h) The proposed conditional use will not result in the siting of an incompatible use adjacent to an
airport or airfield;
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MLA17-00095 (ZON17-00028)
Staff Comment: The proposal meets this criterion; it will not result in the siting of an
incompatible use adjacent to an airport or airfield.
(i) The conditional use will not cause significant adverse impacts on the human or natural
environments that cannot be mitigated through conditions of approval;
Staff Comment: The proposed annual sign testing is formalized through conditions of approval. If
the sign fails to stay within illuminance thresholds, the sign must be turned off at night between
10:00 p.m. and 4:00 a.m. The proposal meets this criterion.
(j) The conditional use has merit and value for the community as a whole;
Staff Comment: The proposed conditional use will provide transit information to the general
public, which will maximize efficiency and safety. The proposal meets this criterion.
(k) The conditional use is consistent with all relevant goals and policies of the Jefferson County
Comprehensive Plan; and
Staff Comment: As stated in sections 2a thru 2g above, the proposal meets this criterion.
(l) The public interest suffers no substantial detrimental effect. Consideration shall be given to the
cumulative effect of similar actions in the area.
Staff Comment: “Substantial detrimental effect” means of considerable importance, size, or
worth, causing damage, harm or injury. With compliance to the proposed conditions of approval,
this proposal will not be materially detrimental to other uses, property or the public interest.
Cumulative effects for similar actions in this area are limited due to existing bright lights. Future
changing message signs would need a conditional discretionary or conditional use permit
approval to site a changing message sign closer than 200 feet to a residential or open space zone.
Future applications for similar actions would be reviewed under the same criteria for cumulative
effect and a determination of cumulative impacts made at that time. The proposal meets this
criterion.
STAFF RECOMMENDATIONS
Based on the preceding findings, the applicant has satisfied conditional use crite ria. Staff recommends
Approval with Conditions of the Type III Conditional Use application ZON17-00028. The following
conditions of approval are recommended by Staff:
1. The sign image or message shall remain fixed for at least three seconds before changing to a
different message.
2. Animated graphics shall not be displayed on the sign.
3. The proponent shall test the sign, initially in July, and annually in December thereafter with the
final test submitted in December 2020, and shall submit testing results to Jefferson County of the
foot-candle measurement. If the sign exceeds the 0.3 foot candle limit above ambient light,
Jefferson Transit Authority shall program the sign timer to turn off from 10:00 p.m. to 4:00 a.m.
The measurement shall be taken from a point 316 feet away from the east and the west of the sign
as well as from the right of way adjacent to 40 4 Corners Rd. The measurement shall be taken
during the hours of 10:00 p.m. and 2:00 a.m.
4. A conditional use permit automatically expires and becomes void if the applicant fails to file for a
building permit or other necessary development permit within three years of the effective date (the
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MLA17-00095 (ZON17-00028)
date of the decision granting the permit) of the permit unless the permit approval provides for a
greater period of time.
5. Extensions to the duration of the original permit approval are prohibited.
6. The Department of Community Development shall not be responsible for notifying the applicant
of an impending expiration.
Date: June 15, 2018
Author: Emma Bolin, Associate Planner