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HomeMy WebLinkAboutMLA17-00095 Hearing Examiner's DecisionFILE NO.: APPLICANT: PROJECT PLANNER: JEFFERSONJ-EFFERSON COUNTY 621 Sheridan Port Townsend, I1..: OFFICE OF THE HEARING EXAMINER SUMMARY OF REQUEST: REPORT AND DECISION MLA17-00095 (ZON17-00028) ZONING CONDITIONAL USE PERMIT Jefferson Transit Attn: Jim Gibson 1615 West Sims Way Port Townsend, WA 98368 Emma Bolin, Associate Planner Type III conditional use permit to utilize the electronic changing message technology on a sign previously installed at the Jefferson Transit Center. The Department of Community Development approved the location and size of the sign under building permit, BLD14- 00015, but said sign could not use its changing message capability. Ordinance # 1-16 amended the Jefferson County Code to allow changing messages signs that 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 Four Corners LAMIRD. The parcel is number 001 332 009, Section 33, Township 30N, Range 1 W, WM, and is located at 63 Four Corners Road, Port Townsend. SUMMARY OF DECISION: Request granted, subject to conditions. 1X PUBLIC HEARING: After reviewing the Jefferson County Department of Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on June 26, 2018, at 2:00 p.m. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows SEE ATTACHED INDEX LIST The Minutes of the Public Hearing set forth below are not the official record and are provided for the convenience of the parties. The official record is the recording of the hearing that can be transcribed for purposes of appeal. EMMA BOLIN appeared, presented the Department of Community Development Staff Report, and testified that in 2014 the applicant applied for a building permit for a sign of the same size at the same location. However, the County denied the application as the code did not allow changing message signs within the applicable zone classification. The Jefferson County Code allowed installation of such signs, but did not allow their use. The new code amendment recently adopted by the commissioners allows government al agencies to install changing message signs within a residential zone if located within 150 feet of a LAMIRD. The County provided proper notice and received no comments from the public or agencies. She introduced Log Item 32, an affidavit of publication. She then reviewed conditions of approval and noted Condition 3,that requires testing for three years. TAMMI RUBERT appeared on behalf of the request and testified that the sign provides the ability to adjust the timing and light intensity. They want the sign to inform the public about road closures, snow, and other potential hazards. She has no questions regarding conditions of approval. JIM GIBSON, professional engineer, appeared and testified that he agrees with the Staff Report and conditions. They are very happy with the project. The building permit will be through an administrative process. He then referred to ambient light sensitivity, and Ms. Bolin asked whether the sign could be darkened on one side. Mr. Gibson responded that they cannot adjust the intensity on just one side of the sign. MS. BOLIN responded by testifying that the staff would like to see all of the intensity positions so that they can determine the appropriate intensity for the area. 2X No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded. NOTE: A complete record of this hearing is available in the office of Jefferson County Department of Community Development. FINDINGS. CONCLUSIONS, AND DECISION: FINDINGS: The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The project is exempt from review pursuant to the State Environmental Policy Act (SEPA). See Section 197-11-800(6) Land Use Decisions and (2)(c) of the Washington Administrative Code (WAC) that address installation of commercial on - premise signs and public signs and signals, including those for traffic control and wayfinding. 3. 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. 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 4. The applicant, Jefferson Transit, has a possessory ownership interest in an "L" shaped, 10.63 acre parcel of property located at the northeast quadrant of the intersection of Four Corners Road and State Route (SR) 20 in the Port Townsend area of unincorporated Jefferson County. Improvements on the site include a bus maintenance facility, park and ride, offices, bike barn, bus stop, and gravel trail. The applicant also installed a monument type sign west of the entrance to the 3X parcel on Four Corners Road. 5, In 2014, the applicant acquired a building permit for the sign presently located on the premises, approximately 42 feet west of the entrance drive. The sign includes an internally lit, cabinet sign at the top of the monument that reads "Jefferson Transit Authority" and includes a transit logo. The section of the sign below the cabinet sign measures 68.5 feet in width and 28.75 feet in height. This portion of the sign consists of an electronic changing message sign. Due to limitations in the Jefferson County Code (JCC) in 2014 the applicant could not activate the changing message sign, but could install it and test it. The overall sign is supported by a pedestal or monument that matches the material of structures on the site. 6. In 2015 the applicant and the Jefferson County Board of Commissioners reached agreement regarding installation of the sign (Log Item 2). The parties agreed that JCC 18.30.150(6)(c) did not authorize a changing message sign at the applicant's Four Corners Road location, as the parcel was located within the Rural Residential one dwelling unit per acre (RR: 10) zone classification and the JCC did not authorize such signs therein. However, the parties agreed that the applicant could install the changing message sign; could test said sign to ensure its proper installation and operation; but could not utilize said sign until the Board amended the JCC. 7. On February 1, 2016, the Board of Commissioners adopted Ordinance 01-0201-16 that amended JCC 18.30.150(6)(c). Adoption of the Ordinance followed public meetings by the Jefferson County Planning Commission, a public hearing by the Board of Commissioners, and briefings by staff (Log Item 3). The amendments authorized governmental changing message signs on a government owned parcel within Residential zones if within 150 feet of the "logical outer boundary of a LAMIRD", subject to a conditional use permit. The Ordinance also authorizes a changing message sign within 200 feet of a Residential zone if proposed by a governmental entity, subject to "review and approval through a conditional use permit (C) process..." The applicant has therefore properly applied for a conditional use permit to retain and operate its message changing sign. 8. In addition to the conditional use permit criteria, the applicant must also show that the sign meets the exterior lighting criteria set forth in JCC 18.30.140(1). Said section restricts the height of exterior lighting facilities to 20 feet for residential uses and 30 feet for commercial and industrial uses. The applicant's sign measures less than six feet in height. Furthermore, said section prohibits direct glare and reflection onto other parcels and public rights-of-way. The applicant proposes Light Emitting Diode (LED) bulbs that will only blink or flash when the sign message text changes. The sign lighting will have a single color and will only display texts with no animated graphics. The applicant's representatives testified at the hearing that the sign allows adjustment of intensity, and staff will determine compliance with light intensity by inspections in July, 2018, and December, 2018, 2019, and 2020. If the sign exceeds the maximum foot candle limit, the applicant must darken the sign between 4X the hours of 10:00 p.m. and 4:00 a.m. 9_ The sign satisfies all requirements of the JCC as it measures approximately 144 feet from the outer boundaries of the Four Corners LAMIRD. The sign is oriented east to west along Four Corners Road and therefore directed away from the residential property to the south of the Four Corners right-of-way. Furthermore, existing lighting from a gas station, the park and ride facility, and possibly the UPS facility already impact nearby residences. No open space zones exist in the vicinity. 10. Prior to gaining approval of a conditional use permit, the applicant must show that the request satisfies the criteria set forth in JCC 18.40.530(1). Findings on each criterion are hereby made as follows: A. The proposed sign is harmonious and appropriate in design character and appearance with the existing character of the area. Uses in the LAMIRD, all of which have erected their own signs, consist of a UPS facility, mini -storage facility, park and ride, and gasoline station. Existing lighting is more intense than the proposed sign and has greater impacts on residential uses than will the activated sign. B. Adequate infrastructure exists to serve the sign, which is limited to electricity. C. The sign will not materially, detrimentally impact uses or property in the vicinity. Compliance with sign code requirements will ensure little, if any, lighting impacts. Conditions of approval will require darkening of the sign between the hours of 10:00 p.m. and 4:00 a.m., should the sign not comply with illumination intensity limitations. D. The conditional use will not introduce noise, smoke, dust, fumes, vibrations, odors, or other impacts to the area, assuming compliance with conditions of approval and JCC requirements. E. The six foot tall sign will not unreasonably interfere with allowable development or use of neighboring properties. F. The sign will not generate pedestrian and vehicular traffic. Furthermore, the applicant has already installed the sign, and the changing message should create no additional impacts. G. The changing message sign complies with all applicable criteria and standards of the JCC, Federal, and State law. K The sign will not impact the Jefferson County Airport. 5X The sign will not significantly impact human or natural environments, assuming compliance with conditions of approval. The message sign has merit and value for the community as a whole as the applicant will use the sign to provide transit information to the general public. The sign will also alert the public to dangerous conditions such as road closures, flooding, snow, and inclimate weather. K. The conditional use is consistent with all relevant goals and policies of the Comprehensive Plan. L. The public interest will suffer no substantial detrimental effect. Said section requires consideration of the cumulative impacts of similar actions in the area. In the present case no evidence was presented that other governmental entities own property in the area. Furthermore, while private entities might request a message changing sign, any cumulative impacts would be limited due to existing bright lights and uses already in the area. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for a conditional use permit satisfies all criteria set forth in JCC 18.40.530(1) and therefore said permit should issue subject to the following conditions: 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 Four Corners Road. 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 M/ permit within three years of the effective date (the 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. DECISION: The request for a conditional use permit to allow activation of a previously installed, changing message sign located at 63 Four Corners Road, Port Townsend, is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 9th day of July, 2018. S EPHEN K. CAUSSEMUX, JR. Hearing Examiner 7X