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HomeMy WebLinkAboutMLA20-00061 DECISION BRINNON SIGNJEFFERSON COUNTY 621 Sheridan Street Port Townsend, VVA 98368 Brinnon School District #46 46 Schoolhouse Road Brinnon, WA 98320-9699 Golden Rule Signs Attn: Heather Mullin Joel Peterson, AICP, Associate Planner Type fl] conditional use permit to replace an existing 13 foot tall, pole mounted, 32 square foot, changeable letter, readerboard sign for the Brinnon School District with a 13 foot tall pole mounted, 31,5 square foot sign that includes a 21 square foot electronic readerboard area in the changing message sign. The site is parcel number 602353002, Section 35 - Township 26N - Range 2W, that is located at 46 Schoolhouse Road, Brinnon. SUMMARY OF DECISION: Request granted, subject to conditions. After reviewing the Jefferson County Department of Community Development Staff Report and examining available information on file with the application, the Examiner conducted a 1 X public hearing on the request as follows: Parties wishing to testify were sworn in by the Examiner. hearingprovided for the convenience of the parties, The official record is the recording the that can be t d for purposes of appeal. JOEL PETERSON appeared, presented the Department of Community Development Staff Report, and testified that the site is located just outside of a L.AMIRD center that the County refers to as a Rural Village Center. He referred to a zoning map that at the upper left hand corner shows the school located in a Rural Residential 1:5 zone classification. Government entities are often located in rural areas, and the goal is to locate them next to a LAMIRD. The sign code allows signs outside of the RVC for government entities. The code sets forth the criteria therefor. The school is within a flood zone, but the property can be developed and the sign will have no impact. The red color on the map shows the flood zone and the SMP jurisdiction. The Shoreline Master Program provides exemptions for replacement and repair, so the applicant needs to obtain only building and conditional use permits to install the sign. The existing sign measures 11 feet from the right-of-way and the applicant will propose the new sign in the same location. The existing sign has a spot light on the top to illuminate an adjacent flag and flagpole. The applicant proposes an LED sign that can be dimmed during evening and nighttime hours. The sign is limited to .3 foot candles above ambient light conditions. The sign manufacturer responded to the Walkers' letter of concern. They chose the type of sign due to the ease of dimming that will lower the light output during hours of darkness. He received no comments or issues from governmental entities, and the Walkers' comments expressed concerns regarding light trespass from the sign. He then discussed the applicable Comprehensive Plan policies. The sign will not affect the rural character of the area or the balance of the RVC. The sign meets all design standards. He then discussed the conditional use criteria and found that the sign meets all. The school initially considered a ground level sign, but were concerned about the flood elevation and children playing with the sign. GREG BROTHERTON, a Jefferson County Commissioner speaking on his own behalf, appeared and testified that he supports the project. He would have liked to work more with the neighbors and the school. He has worked with the neighbors, the community, and the school and hopes the dialogue will continue. TRISH BEATHARD appeared and testified that the school district has been working on the sign for 1.5 years. The present sign is unstable on a windy day and needs repairs. Workers must ascend a ladder to change the copy, which is also dangerous. The school is the hub of the community. Many in the community struggle to learn about community events. They have attempted to be respectful of neighbors with the lighting. Light presently comes from the current sign. The present sign has its own light plus a light on the top that illuminates the flagpole. Neighbors in the area also have lights on their houses. The school has been very careful about lighting. They will remove the light on the top of the sign that illuminates the flag. STEVE WALKER appeared and thanked staff, the school district, and the Hearing Examiner for the procedure and for hearing and considering his concerns. He has nothing more to add. Both property owners have a century of goodwill and he is happy that it will continue. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded at 2:30 p.m. NOTE: A complete record of this hearing is available in the office of Jefferson County Department of Community Development. 1211,2109:111"M The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. This application is exempt from review pursuant to the State Environmental Policy Act (SEPA. 3. Public Notice was published in the Peninsula Daily Newspaper: Notice of Type III Application: July 7, 2020. Notice was posted on the property, Notice of Type III Application- July 7, 2020, The applicant, the project representative, and all property owners within 300 feet were notified by mail: Notice of Type III Application mailed: July 7, 2020. Public Notice for the Open Record Hearing was published in the Peninsula Daily Newspaper: Notice of Open Record Hearing: October 15, 2020 Notice was posted on the property: Notice of Open Record Hearing- October 15, 2020 3X The applicant, the project representative, all interested parties, and mailing addresses within 300 feet of the proposal, received Hearing Notice by mail/email: Notice of Open Record Tearing: Email: October 15, 2020; US. Mail: October 14, 2020. 4. The applicant, Brinnon School District#46, owns and operates Brinnon School that is located on a 7.5 acre campus at the southeast quadrant of the intersection of Dosewallips Road and Schoolhouse Road within the Brinnon community of unincorporated Jefferson County. Brinnon School accommodates kindergarten through 8tn grade students and has an address of 46 Schoolhouse Road, Brinnon. 5. Improvements on the school site include a pole mounted, 13 foot tall, 32 square foot, changeable letter, reader board sign located approximately 11 feet from the Schoolhouse Road right-of-way and 181 feet from the intersection of Schoolhouse Road and Dosewallips Road. Messages on the reader board must be changed manually. The sign is wobbly, and climbing a ladder to change the letters is hazardous. The applicant therefore requests a conditional use permit to allow replacement of the existing sign with a 13 foot tall, pole mounted, 31.5 square foot sign that includes a 21 square foot, electronic, reader board area that will provide changing messages electronically. 6. According to the plans the bottom of the sign will measure 8.5 feet from the ground, and the sign cabinet will extend upward an additional 4.5 feet. The cabinet will measure seven feet in width, and a 6.625 inch, diameter, steel pole will support the sign. The top 1.5 feet of the cabinet will identify the school and will read "Brinnon School -Home of the Bobcats". The bottom 36 inches of the cabinet will provide space for the changing messages. 7. The applicant proposes to use the sign to communicate messages from the school to the surrounding community. The sign will have no flashing, blinking, or video messages, but can change the message every three seconds. The sign is considered a governmental sign due to its ownership by the Brinnon School District. Mr. Steve Walker who resides east of the school expressed concerns regarding negative aesthetic impacts, light trespass, luminosity; and brightness. He also suggested LCD sign technology as a better alternative than the proposed LED lit sign. The production manager for the sign contractor, Impact LED, responded to Mr. Walker's letter as follows: A. LEDs emit light while LCDs do not. LCDs require a lit image with the help of an LED backlight. B. A digital sign must emit light greater than the ambient light around it to be seen. Therefore, during the day the sign must be very bright to m compete with the sure. However, during the evening hours the sign will dire automatically to a very low output commensurate with decreases in ambient light. The contractor will equip the light with a sensor that will set the light to a very low output during hours of darkness. C. The present sign includes a light attached to the top of the sign that illuminates an American flag above the school. A school district representative testified that the District will not attach such a light to the new sign, which should reduce nighttime lighting. D. Consistent with the existing sign, the new sign will be installed perpendicular to Schoolhouse Road in a north -south orientation. The face of the sign will be oriented away from the Walker parcel to the east. 8. The school parcel is located within the Rural Residential one dwelling unit per five acres (RR1:5) designation of the Jefferson County Comprehensive Plan. The parcel is also located within the RR 1:5 zone classification of the Jefferson County Code (JCC). 9. The proposed sign is consistent with applicable policies of both the Comprehensive Plan and the Brinnon Subarea Plan as set forth on pages 4 and 5 of the Staff Report. The Subarea Plan supports mixed use and light industrial development within Brinnon, but also supports maintaining the rural character of the area. In the present case the District proposes to replace an old sign that requires changing messages manually with a modern, LED sign that can communicate multiple messages from the District to parents and residents alike. Policy EN-P-5 of the Comprehensive Plana encourages civil dialogue and neighborhood level conversation to resolve conflicts associated with environmental nuisance factors to include lighting. Based on testimony at the hearing, it is apparent that Mr. Walker, the District, and the County have engaged in such conservations. The parties expressed their desire to continue said conversations regarding the new light. 10. Section 18.30.150(5) JCC sets forth the design standards for all signs. Subsection (c) provides that changing message signs (as proposed) are allowed only in rural commercial, rural industrial, urban commercial, and master planned resort commercial zones. Such signs must be directed away from properties zoned residential or open space. However, said section provides an exception for governmental message signs and allows them in other zones to include the RR 1:5 subject to acquisition of a conditional use permit. Such signs must be installed within 150 feet of the logical outer boundary of a Local Area Of More Intense Rural Development (LAMIRD). In the present case the sign is located approximately 60 linear feet from the logical outer boundary of the Brinnon LAMIRD. Furthermore, JCC 18.30.150 authorizes a governmental, changing message sign closer than 200 5X feet to a residential zone subject to acquisition of a conditional use permit. The sign measures approximately 65 feet from the outer boundary of the Brinnon Rural Village Center (LAMIRD) and is oriented away from commercially zoned property to the east that is currently improved with a single-family dwelling. The automatic dimming feature and the removal of the flag sign should ensure that the new sign will not cause significant, additional light and glare. In fact, removal of the flag sign might lower the light intensity. 11, The request satisfies the balance of the design standards set forth in JCC 18.30.150(5) as the applicant will direct the sign in a manner that will not adversely affect nearby properties or create a hazard or nuisance to the traveling public. Furthermore, the sign will not consist of rotating, revolving, or moving parts; will not consist of banners, streamers, or spinners; nor will it include flashing, blinking, or alternating lights. 12. Prior to obtaining a conditional use permit the applicant must show that the request satisfies the criteria set forth in JCC 18.40.530(1)(1). Findings on each criterion are hereby made as follows. - A. The proposed sign is harmonious with the character of the Brinnon Rural Village Center. The permit process has allowed the public to participate in evaluating its impacts. The sign is appropriate for a 7.5 acre, school site. B. The sign will not require service by infrastructure with the exception of electrical service. C. The sign will not be materially detrimental to either uses or property in the vicinity. While neighbors and the motoring public will definitely see the sign at night, due to the restrictions of light emissions to .3 foot-candles above ambient light, the site will not "materially" impact adjacent properties, D. The conditional use will not introduce noise, smoke, dust, fume, vibrations, odors, or other conditions that will unreasonably impact existing uses in the vicinity. The automatic dimming of the light during nighttime hours will assure no unreasonable lighting impacts. The proposed 13 foot height of the sign is substantially lower than the allowed maximum sign height of 30 feet for commercial and industrial uses and 20 feet for residential uses as set forth in JCC 18.30.140(1), E. The sign will not impact pedestrian and vehicular traffic, F. As found above the conditional use complies with applicable criteria and standards of the JCC. G. The sign site is not adjacent to an airport or airfield. 6X H. The dimming features of the light will ensure no significant adverse impacts to humans or the natural environment. The conditional use has merit and value for the community as a whole as it will provide information to the Brinnon community more clearly, efficiently, and safely than the existing sign. J. As described above the conditional use is consistent with relevant goals and policies of both the Comprehensive Plan and the Brinnon Community Plan. K Installation of the sign will cause no substantial detrimental effect to the public interest. Future applications for -similar signs will require conditional use permit review and sign code review as well as a determination of cumulative impacts. Furthermore, the present sign is a governmental sign that serves the public use and interest and is not a commercial sign attempting to attract customers. �"QSJA 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 should be approved subject to the following conditions: The sign image or message shall remain fixed for a minimum of at least three seconds before changing to a different message, 2. Animated graphics shall not be displayed on the sign. 3. The sign shall not exceed the 0.3 foot-candle limit above ambient light. Brinnon School District shall measure from a point 120 feet away from the north and south of the sign. The measurement shall be taken between 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 of the permit. Extensions to the duration of the original permit approval are prohibited, 7X 5. Following installation of the sign, the applicant shall contact Steve Walker to determine whether any "tweaking" of the sign could further reduce any impacts. NamUl The request for a conditional use permit to allow a 13 foot tall, 31.5 square foot, electronic changing message, reader board sign at the Brinnon School located at 46 Schoolhouse Road, Brinnon, is hereby granted subject to compliance %,�Afh the conditions contained in the conclusions above. M