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PC 08.20.2024 WSCHANHASEN PLANNING COMISSION WORK SESSION MINUTES August 20, 2024 The work session was called to order at 6:00 p.m. COUNCIL MEMBERS PRESENT: Commissioner Steve Jobe, Commissioner Ed Goff, Chair Eric Noyes, Commissioner Jeremy Rosengren, Commissioner Perry Schwartz COUNCIL MEMBERS ABSENT: Commissioner Ryan Soller, Commissioner Katie Trevena STAFF PRESENT: Eric Maass, Community Development Director; Rachel Arsenault, Associate Planner; Rachel Jeske, Planner Signage Code Discussion Eric Maass, Community Development Director, started by reviewing the work plan for 2024 and the reason for working on the sign code. He began the presentation by reviewing the legal implications of the Supreme Court case Reed v. Town of Gilbert, Arizona. He continued by reviewing the existing relevant code definitions and proposed staff changes. The Commissioners provided comments on the definition content and grammar, and posed clarifying questions. Mr. Maass took notes regarding the comments, responded, and moved into reviewing the purpose section of the sign code. The Commissioners pointed out redundancies within the code and potential legal issues with the judgment of certain signage. Mr. Maass noted the concerns on the working document and continued through sign fees and variances. Mr. Maass highlighted the potential request the Planning Commission could make to City Council for all sign requests beyond what is allowed within code. Chair Noyes mentioned past variances for signage were reviewed by the Planning Commission, but the ordinance states that sign variances require City Council approval. He recommended staff review if sign variance approval is currently deferred to the Planning Commission based on these past cases. Mr. Maass continued presenting the sign code working document. PUBLIC PRESENT: None The Commissioners asked clarifying questions regarding process, legal, and state statutes. Commissioner Rosengren inquired about First Amendment carve-outs, such as yelling fire in a crowded room, and if such carve-outs are explicitly or implicitly implied in city sign code. Mr. Maass responded that will have to be verified with the attorney. He continued forward through review of the sign code. The Commissioners proposed changes to sign code such as listing examples with the phrase “included but not limited to” and adding the word “contiguous” to code regulating the number of days signs can be posted. Mr. Maass noted these changes in the document and continued reviewing proposed changes such as staff’s proposal to move the Temporary Development Project Signs section from Signs Allowed Without a Permit to Permitted Temporary Signs. The Commissioners continued noting proposed changes to the code. Commissioner Noyes recommended that staff explore the recent court case on a city attempting to limit flag size prior to finalizing the changes to the sign code. Mr. Maass finished presenting the working document of the sign code and stated the next steps would be for staff to make the noted changes, send the code for attorney review, bring it forward for review at Planning Commission, then bring it back for Planning Commission’s official recommendation, and finally City Council vote. He hopes to have this project wrapped up prior to the end of 2024. The meeting was adjourned at 8:23 p.m. Prepared by Rachel Arsenault, Associate Planner, and Rachel Jeske, Planner