HomeMy WebLinkAboutCOW 2003-06-09 Item 4A - Ordinance - Sign Code Regulations for Animated Signs in LDR / PRO Zones, Auto Rentals and Self-Storage FacilitiesCAS Number: 03-076
Agenda Item Title:
Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if lc/town):
Fund Source (if lmown):
Meeting Date
Meeting Date
06 -09 -03
COUNCIL AGENDA SYNOPSIS
Meeting Date
06 -09 -03
07G
Initials ITEM NO.
Prepared 1 Mayor's review 1 Council review
s.L /A)
ITEM INFORMATION
Council Admin.
Original Agenda Date: 06 -09 -03
Briefing on code amendments pertaining toanimated signs)height in LDR/PRO zones, auto
rentals and self storage facilities.
X
Briefing on code amendments pertaining to animated signs, height in LDR/PRO zones, auto
rentals and self storage facilities.
Review the Planning Commission's recommendations on the four proposed code
amendments.
CAP referred to the Planning Commission; March 25, 2003
None
Action
4(a)
Attachments
I Memo from Steve Lancaster dated 06- 03 -03.
Three proposed draft ordinances 1) ign code changes re: animated signs; 2) zoning code
changes re: height allowance in LDR/PRO zones; 3) zoning code changes re: auto rental and
self storage facilities.
CAP minutes 03 -10 -03
I CAP minutes 03 -25 -03
I Planning Commission meeting minutes April 24, 2003 and May 22, 2003(draft).
City of Tukvvila a Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
Background
MEMORANDUM
To: The Committee of the Whole
From: Steve Lancaster, DCD Director
Date: June 3, 2003
Re: Proposed Code Amendments, File Number L03 -010
On March 10 and 25, 2003 Community Affairs and Parks Committee was briefed on the four
proposed code amendments. Planning Commission held a public hearing on April 24, 2003 and
further discussed the four proposed code amendments on May 22, 2003. In the four sections
below, we have described each proposed amendment and provided the Planning Commission's
recommendation. Also attached are three separate ordinances; one addressing sign code changes,
second one addresses height issue in LDR/PRO zones, and the third one addresses auto rentals
and self- storage facilities.
A. Update Sign Code regulations dealing with animated signage.
On March 17, 2003, the City Council established a six -month moratorium on electronic signs for
the purposes of development of policy and associated code changes. The Planning Commission
was presented with two policy options, one was to ban the animated signs but allow electronic
signs, the other was to ban electronic signs altogether. They decided to ban animated signs but
allow electronic signs and restrict the maximum brightness levels.
Following code changes have been incorporated in the attached ordinance that implements the
Planning Commission's recommendations:
Definition of an animated sign has been changed to reflect the current technology and
changes in the sign display more than once every 24 hours are considered animation. Also,
the message content that is strictly limited to time, date or temperature but would change
more than once a day shall not be considered animation.
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 -431 -3665
An electronic sign has been defined and the maximum levels have been set for brightness.
Daytime maximum brightness levels shall be 5,000 nits and nighttime levels shall be 500
nits. Nits are an intemationaI unit of luminous intensity per projected area and are the
common units used to measure brightness levels for LED signs. Luminance may be described
in units of Candelas per square meter, or nits. The LED signs also have a contrast setting that
is defined as brightness of the white level divided by brightness of the black level. Two
identical signs set at the same Nit level can create two different effects by using different
contrast levels. The maximum brightness levels have been set at the lower end to account for
any manipulation of the contrast value to circumvent the brightness restrictions. Also, all
signs shall be required to have an ambient light monitor that will automatically adjust the
brightness level based on ambient light conditions. For non -LED signs that use incandescent
lamps, such lamps shall be no more than 15 watts.
Holographic displays that create three- dimensional image through projection along with the
animated signs have been listed under the prohibited signs section.
B. Increase the allowed height for structures located in the Low Density Residential
Zone where a Public Recreation Overlay applies.
The proposal for an increased height allowance within the LDR/PRO district was initiated by
staff in response to an agreement between the City of Tukwila and Starfire Sports for
redevelopment of Fort Dent Park. Starfire's intent is to improve several outdoor soccer fields and
build an athletic center containing two indoor soccer fields and ancillary facilities. Due to
clearance issues for the indoor fields, the facility cannot be built within the existing 30 -foot
height limitation. In its contract with Starfire, the City agreed to consider amending the zoning
code in order to accommodate the project.
Initially staff proposed an additional height allowance in the LDR/PRO district of 1 foot for
every 3 feet of excess setback, up to a maximum height of 80 feet. Planning Commission
members expressed concern over the potential impacts on surrounding properties. It was
suggested that staff consider holding maximum height to 45 feet, and that Board of Architectural
Review approval be required for any structures over 30 feet in height. Upon further review, staff
recommended that a maximum height of 50 feet with a reduced bonus ratio of 1 to 4 (rather than
1 to 3). Under this standard, a building would have to be set back 85 to 100 feet from all property
lines to achieve the maximum height of 50 feet. (For your information, the proposed Fort Dent
athletic center would be more than 300 feet from the nearest property line.) Also, staff suggested
that design review be required for structures over 30 feet except that the City Council may
approve a height bonus for structures that are subject to final construction approval by the City
Council (e.g. public or quasi- public facilities owned or otherwise controlled by the City of
Tukwila). However Planning Commission recommended design review for all structures above
30 feet in height.
The following changes have been incorporated in the ordinance:
2
When the underlying district in the PRO district is the LDR Low Density Residential district,
structures may be granted a height bonus of one (1) additional foot of height for every four
(4) feet of excess setback (i.e., setback over and above the LDR minimum standard), up to a
maximum height of fitly (50) feet. Structures for which a height bonus is requested shall be
subject to Board of Architectural Review under the "Commercial and Light Industrial Design
Review Criteria" provisions of Chapter 18.60.
As requested by CAP, an illustration of this height allowance has been attached to this memo.
C. Add automobile and truck rentals as separate land use categories in the Zoning Code.
The zoning code does not mention automobile or truck rentals as a use category. In the past we
have allowed auto rentals in any zone that allowed auto sales (RC, RCM, TUC, C/LI, LI, HI,
TVS). The Planning Commission agreed with CAP that companies renting vehicles not requiring
a commercial driver's license (including cars, sport utility vehicles, mini -vans, recreational
vehicles, cargo vans, trucks and some flat beds) be allowed in those zones where the sales of
automobiles, recreational vehicles, travel trailers and used cars are currently allowed (i.e., RC,
RCM, TUC, C/LI, LI, HI and TVS). However, the Planning Commission stated that they wish to
also include the MIC/L and MIC/H zones in this group.
The Planning Commission also agreed with CAP that commercial truck and fleet rentals
requiring a commercial driver's license be allowed in those zones where sales and rental of heavy
machinery and equipment are currently allowed (i.e., C/LI, LI, HI, MIC/L, MIC/H and TVS).
Staff has included Planning Commission's recommendation to include rental of vehicles not
requiring commercial driver's license in MIC/H and MIC/L zones along with other zones that
currently allow vehicle sales.
Following changes have been incorporated in the attached ordinance:
Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreation vehicles, cargo vans and certain trucks) are listed as
permitted use in the RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H and TVS zones.
Rental of commercial trucks and fleet rentals requiring a commercial driver's license is listed
as permitted use in C/LI, LI, HI, MIC/L, MIC/H and TVS zones.
D. Add self storage as a land use category in the Zoning Code
The Zoning Code does not mention "self- storage" as a use category. In the past we have allowed
self storage in any zone that allowed warehouse storage (RC, RCM, TUC, C/LI, LI, HI, MIC/L,
MIC/H and TVS). However the characteristics of these two uses are somewhat different. Self-
3
storage tends to have smaller, sometimes multi story, generating fewer truck trips and often
having an appearance more compatible with office or commercial surroundings than warehouse
storage.
CAP expressed some concern about the appearance of self storage facilities and lack of
pedestrian activity generated by this type of use. Pedestrian- oriented uses and development will
be studied during the development of the Tukwila Urban Center Plan. However, Design Review
is already required, as follows, for new developments in the following zones:
in RC, RCM, TUC, C/LI and TVS for all structures larger than 1,500 square feet in size.
in C/LI, LI, HI, MIC/L, MIC/H and TVS for all structures within 300 feet of residential
districts or 200 feet of the Duwamish.
in HI for all structures over 45 feet in height.
CAP suggested that "self- storage" be listed as an outright permitted use in any zone that
currently allows warehouse storage. The Planning Commission agreed with cap suggestion and
requested that a definition for "self- storage" be provided. The attached ordinance incorporates the
following changes:
Self Storage Facility has been defined as a building designed and used for the purpose of
renting or leasing individual indoor storage space to customers who are to have access to the
space for the purpose of storing or removing personal property on a self service basis.
It has been listed as a permitted use in RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H, and
TVS zones.
Summary
Staff will incorporate any revisions to the proposed ordinances that the Council may suggest
following their discussion. Public hearing is scheduled for June 23, 2003. The Council could then
adopt the ordinances at the special meeting scheduled on the day of the hearing.
4
-L'
30'
20' J front setback for
a 30' high structure 1 00'
i front setback for
R 50' high structure
One additional foot of height for
every four feet of excess setback
over and above the current minimum
setback requirements.
50'
and
11
Q 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1274, 1892, 1913 AND 2004;
AND VARIOUS CHAPTERS OF THE TUKWILA MUNICIPAL CODE, TITLE 19,
"SIGN CODE," RELATING TO ANIMATED OR ELECTRONIC SIGNS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN tnECTIVE
DATE.
WHEREAS, the City Council of the City of Tukwila established a six-month moratorium on
electronic signs on March 17, 2003, to consider policy issues related to regulation of electronic
signs; and
WHEREAS, the City of Tukwila desires to update the sign code language to reflect current
technology, while retaining existing restrictions and the ban on movement and flashing; and
WHEREAS, the City of Tukwila desires to increase safety and minimize driver distractions;
WHEREAS, the City of Tukwila wishes to regulate the electronic signs in order to enhance
the visual environment of the city; and
WHEREAS, on April 24, 2003 the Tukwila Planning Commission, following adequate
public notice, held a public hearing to receive testimony concerning amending the sign code
regarding animated signs, and on May 22, 2003 adopted a motion recommending the proposed
changes; and
WHEREAS, on June 23, 2003, the Tukwila City Council, following adequate public notice,
held a public hearing to receive a testimony concerning the recommendations of the Planning
Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1274 §1 (part), as codified at TMC 19.08.030, is hereby amended to
read as follows:
19.08.030 Animated Sign.
"Animated sign" means any sign or portion of which physically moves, annears to flash,
undulate. pulse or nnrtrav explosions. firewnrks, flashes of light, or blinking or chasing lights, or
which annear to mnve Inward nr away from the viewer. to exnand or contract. bounce, rotate,
snin. twist. scroll. travel nr otherwise nortrays movement or animatinn at a freouencv more
rapid than once every 24 hours. including rotation or on which lettering or figures appear to
move due to flashing lights. E_t
a rate of no more than tcn times r L
ate classified as n... Signs or norfons of signs display' a charvikig
message content that is strictly limited to time. date or temnerature shall not he construed to he
animated.
Section 2. A new definition is hereby added to TMC Chapter 19.08, "Definitions," as
follows:
Animated signs -1 6/6/03
1
19.08.055 Electronic Sign.
"Electronic .Sion" means a sign containing a dish lav that can he changed, by electrical electronic
or comnuterized nrocess.
Section 3. A new definition is hereby added to TMC Chapter 19.08, "Definitions," as
follows:
19.08.105 Holographic Display.
"Ralagranhic disnlav" means any disnlav that creates a three dimensional image through
prniection.,
Section 4. Ordinance 1274 as codified at TMC Chapter 19.16, 'Design and Construction,' is
hereby amended to add regulation for electronic signs as follows:
19.16.035 Electronic Sign Light Levels.
A. All signs shall have installed ambient light monitors and shall at all times allow
such monitors to automatically adiust the brightness level of the electronic sign based on
ambient light conditions.
8. Maximum brightness levels for electronic signs shall not exceed 5.000 nits when
measured from the sign's fare at its maximum brightness, during daylight hours, and 500 nits
when measured from the sign's face at its maximum brightness between dusk and dawn, i.e. the
time of the day between sunrise and sunset. For signs using incandescent lamps, such lamns
shall he no more than 15 watts.
Section 5. Ordinance 2004 §1, and Ordinance 1913 §1, as codified at TMC 19.12.050, are
amended as follows:
19.12.050 Exceptions Permits Not Required.
A. The following shall not require a permit (these exceptions shall not be construed as
relieving the owner of any sign from the responsibility of its erection and maintenance and its
compliance with the provisions of this code or arty other law or ordinance regulating the same):
1. The changing of the advertising copy or message on a theater marquee,
readerboard, billboard, and similar signs specifically designed for the use of replacement copy,
or the changing of the advertising cony or message on an electronic sign so ling as the
advertising rnnv or message is not changed at a frenuenry more ranid than once every 24 hours.
A change in the advertising cony or message that occurs more ranidly than once every 24 hours
will cause the sign to he considered to he an animated sign under TMC 19118.030 and is
prnhihited under TMC 19.28.010(31.
2. Repainting of an existing sign when there is no other alteration.
3. Temporary signs and decorations customary for special holidays, such as
Independence Day and Christmas, erected entirely on private property.
4. Real Estate Signs:
a. Real estate signs 16 square feet or less in area offering the inunediate premises
for sale, lease or rent, except in LDR, MDR and HDR zones where the maximum sign area
allowed is six square feet.
b. Portable real estate directional signs (such as "A" boards), provided they are
used only when the real estate company representative, agent or seller is in attendance at the
property for sale.
c. Rigid real estate directional signs provided they are used to advertise a
property that is currently for sale
5. Signs not exceeding four square feet in area and advertising acceptance of credit
cards, provided these are located on the face of a building or upon another larger sign
background area for which a permit has been obtained.
6. One, on- premises sign not electrical or illuminated, four square feet in area or less,
which is affixed permanently on a plane parallel to the wall that is located entirely on private
property.
Animated signs-2 6/6/03 2
7. Traffic signs and/or markings, for the purpose of regulating, warning, or guiding
traffic, whether on public or private property. Such signs and markings shall comply with the
Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published
by the U.S. Department of Transportation, Federal Highway Administration.
8. Bulletin boards not over twelve square feet in area for each public, charitable or
religious institution when the same is located on the premises of said institution.
9. Temporary signs denoting the architect, engineer or contractor, when placed upon
work under construction and not exceeding 32 square feet in area.
10. Memorial signs or tablets, names of buildings, and dates of erection, when cut into
any masonry surface or when constructed of bronze or other non material.
11. Signs of utilities indicating danger and service or safety information.
12. A maximum of four internal information signs as defined in TMC 19.08.120 and as
regulated by TMC Section 19.22.
13. Political signs, posters, or bills shall not exceed 32 square feet in area (if single faced)
or 64 square feet (if multi-faced); and, if located on private property, must have the consent of
the property owner or the lawful occupant thereof. Each political sign shall be removed within
10 days following an election, except that the successful candidates of a primary election may
keep their signs on display until 10 days after the general election, at which time they shall be
promptly removed. Signs of a more general political nature (not related to an election) are not
subject to time restrictions. It is unlawful for any person to paste, paint, affix or fasten onto the
surface of any utility pole, bridge, sidewallc, or City-owned or operated vehicle, or any public
facility of any kind any such sign, poster, bill or advertising device when such facilities are
located on public property or within public easements.
14. Window signs which are of a temporary nature for commercial businesses and
which occupy less than 25% of the window surface. Signs on or in the window which occupy
more than 25% of the window surface are permanent and will be considered part of the overall
signing permitted for the business. Such permanent window signs shall require permits.
15. Signs of community service and fraternal organizations, including notation of place
and date of regular activity meetings.
16. Temporary signs displayed on City of Tukwila parks property. Said signage must
be pre-approved by the Director of the Tukwila Parks Department prior to display.
B. The provisions of this section shall be narrowly construed so as to effectuate the
purposes of this Title, as enumerated in Section 19.04.020.
Section 6. Ordinance 1892 §3, and Ordinance 1274 §1 (part), as codified at TMC 19.28.010,
are amended as follows:
19.28.010 Designated.
The following signs or devices are specifically prohibited:
1. Signs adjacent to State roads and not complying with Washington State
Department of Transportation regulations.
2. Signs using the words "stop," "look" or "danger", or any other word, symbol,
character or color which might confuse traffic or detract from any legal traffic control device.
3. Animated signs as defined in TMC 19.08.030. rttftles-rafeethealtly-tappreverlea
f%10h-SigEIL5 i ...caned t
cflapeise:
Ciara signing convicts of a f fixture, and symbols or letters of
Iwincaa hours.
4. Rooftop signs supported by exposed trusswork and wall-mounted signs extending
above the parapet line.
5. Unique signs unless specifically approved as a Type 4 decision; permits may be
approved if in the judgment of the Planning Commission or, on appeal, the City Council, the
effect of the proposed sign would not contribute to a cluttered, confusing or unsafe condition.
6. Permanent off-premises signs, except shared directional signs as provided in TMC
19.32.020, billboards as provided in TMC 19.32.040, freestanding signs for City of Tukwila or
Tukwila School District buildings, facilities, parks or properties, public libraries, freestanding
signs for cemeteries, public parks, historic sites, and planned shopping centers (mall) signs as
Animated signs-3 6/6/03
3
provided in TMC 19.32.150. Any signs permitted under this section must meet all underlying
height, setback or area requirements, except for those signs specifically provided for in other
sections of this code, and must obtain a permit from the Department of Community
Development.
7. Strings of pennants, banners or streamers, festoons of lights, clusters of flags, wind
animated objects, balloons and similar devices of a carnival nature except as specifically
provided in TMC Chapters 19.12 and 19.24. Not prohibited are national, State, and institutional
flags properly displayed or temporary signs and decorations customary for special holidays,
such as Independence Day, Christmas, Tukwila Days, and similar events of a public nature.
8. Portable signs or any sign which is not permanently mounted, including sandwich
or "A" boards, except as provided in TMC 19.24.050 and TMC 19.32.160.
9. There shall be no signs or sign supports which shall obscure vision between the
height of three feet and ten feet of the street or driveway grade allowed within 40 feet of the
in:c. .,,-...ions of streets and /or driveways.
10. Signs mounted or painted on stationary motor vehides, trailers and related devices
in order to circumvent the intent of this code.
11. Off premises signs located within the "shoreline zone" as described in Chapter
18.44; on- premises, permanent signs located within the shoreline zone and specifically oriented
to be visible from the "river environment," TMC 18.44.130.
12. Holneranhic disnlays.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 8. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force and effect five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2003.
ATTEST AUTHENTICA 1 ED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Animated signs- 6/6/03
Filed with the City Clerk-
Passed by the City Council:
Published:
Effective Date.
Ordinance Number:
Steven M. Mullet, Mayor
4
Community and Parks Committee
March 10, 2003
Present: Joan Hernandez, Chair; Joe Duffle, Pam Linder
Rhonda Berry, Bruce Fletcher, Nora Gierloff, Steve Lancaster, Lucy Lauterbach;
Dennis Robertson
1. Freedman. Tung and Bottomlev Design Review Contract A contract similar to this one
was at the committee's last meeting. The Freedman, Tung and Bottomley firm will most likely
be awarded the contract to study the Tukwila Urban Center and Transit Oriented Development.
This contract at committee this week is a separate contract in the amount of 549,405 that would
include design review of the Westfield Mall at Southcenter and Penney's Warehouse
developments. Steve said adding these major projects will give the City the best chance of
coordinating the total development of the TUC. It will create some efficiencies to work on both
of these contracts, as they can talk to the Mall and Penny's site developers at the same time
they're up here talking to other land owners. It is a time and materials contract. Funding will
come from DCD's 2003 professional services budget. The TUC /TOD study is being funded by
a grant.
One of the things that will be studied is the best use of land in particular areas of the CBD.
Transportation will be a part of decisions about uses. Steve talked about possible restrictions on
the large -scale plans at the Mall and Penney's. The largest problem may be the wetlands that are
on a part of the Penney's 19 -acre site. Circulations through the TUC will be part of the study.
Joan asked how the Mall and Penney's could affect the TUC redevelopment plans. Steve pointed
to several corners of the Mall site, saying what was developed at the Mall could affect the
intersections and adjoining spaces. The committee also asked if Michael Freedman will have
enough time for both contracts. Steve thought he would, especially by working on the two
contracts together. Recommend contract to Regular Meeting for discussion and adoption.
2. Proposed Comprehensive Plan Amendments Nora and Steve led the committee through
the five draft amendments being proposed. The first was to increase the allowed height for public
facilities in Low Density Residential (LDR) zones. Nora said public buildings from the
community center to Thorndyke school have had problems meeting the current 30' height limit.
Staff proposed allowing taller buildings if the public building had larger setbacks from their
property lines. The current issue is that Starfire wants the grandstand at Fort Dent with a roof
covering, to be larger than 30'. Thus far buildings that need to be higher have gone through the
variance procedure, but that decision is made by the hearing examiner, and is generally not
favored as an ongoing way to do business. Examples of the types of buildings that would be
allowed higher rooftops were given as public facilities such as community centers, schools, and
recreation centers. The committee wanted to know what else could be included if they approved
the height increase in LDR, and if any undesirable uses could benefit from this. Because Starfire
has said this is one deal maker they really need, the question was raised whether Starfire is a
public or private facility and whether they could benefit from this even if the height change were
made to the code.
A second issue was recommended by the City Attorney, and addressed definition changes of
"lot" and "site The committee had no comments on that proposal.
The third issue was where to allow automobile rentals as a use in the zoning code. Because the
city code does not address this, businesses want to put rental sites in NCC, for example. The
committee first said to separate truck rentals and sales from car rentals and sales. One of their
proposals is to allow car rentals where car sales are allowed. However, whether they would fit in
the TUC or RC was debatable. Staff will work on this issue before the next meeting.
A fourth issue was adding mini storage to the zoning code. Again, staff has generally allowed
them where warehouses are allowed in the city, which includes RC and TUC. Whether self
storage buildings would be good in those zones was questioned. RC, RM and TUC have design
review, so units could look better than a normal warehouse, but they would be the same kinds of
warehouse storage as everywhere else in the industrial or manufacturing zones. Staff said this is
a popular business now, since it costs little to put up the buildings, and little maintenance is
needed, with a good revenue stream resulting from the buildings. Staff will also work on this
issue.
The final proposal was about animated signs, which are becoming more popular with sign
makers. The Grand Casino has a sign that could be animated, though staff told them that would
be illegal under our current code. The committee talked about the frequency of sign changes,
agreeing that the signs on I -5 near Fife are distracting and generally bad. This is one issue where
action is needed fairly quickly, as companies want flashing signs and our code only addresses old
technology, not current LED and electronic lights. Reschedule.
3. Grandmother's Hill Grant Bruce asked the committee to support staff's request for an
Interagency Committee for Outdoor Recreation (IAC) grant. He said the project fits well with the
Park and Open Space Plan of the City. The resolution is needed by April 30` The committee
supported the resolution. Recommend resolution to Regular Meeting.,
Committee Chair approval
Community and Parks Committee
Tuesday, March 25, 2003
Present: Joan Hernandez, Joe Duffle, Jim Haggerton, Rhonda Berry, Steve Lancaster, Deb
Ritter, Dennis Robertson,
1. Discussion on Proposed Sign and Zoning Code Amendments: Deb presented the staff
report detailing amendments to the Sign and Zoning Codes. These proposed amendments were
discussed at the committee meeting on March 10, with staff having been directed to further
refine the options for consideration. After a fair amount of discussion the committee
recommended the following policy options be referred to the Planning Commission: I. Update
the sign code language to reflect current technology while retaining existing content restrictions
and the ban on movement and flashing; II. Determine allowable building heights (for those
structures allowed in the Public Recreation Overlay) via a sliding scale which calculates height
in proportion to the building's distance from property lines; the committee also requested that
staff recommend a maximum allowable height, and that illustrative diagrams be included when
this matter comes back for Council deliberation; III. Add automobile and truck rentals as
separate use categories in the Zoning Code; that companies renting vehicles not requiring a
commercial driver's license (including cars, sport utility vehicles, mini -vans, recreation vehicles,
cargo vans, trucks and some flat bed) be allowed in those zones where the sales of automobiles,
recreations vehicles, travel trailers and used cars are currently allowed, irther, that commercial
truck and fleet rentals requiring a commercial driver's license be allowed in those zones where
sales and rental of heavy machinery and equipment are currently allowed. IV. Add self storage
as a use category in the zoning code, and that "self- storage" or "mini- storage" be allowed as an
outright permitted use in any zone (i.e. RC, RCM, TUC, C /LI, LI, HI, MIC /L, MICH, and TVS);
that currently allows warehouse storage.
2. Other Joe inquired as to what could be done to prohibit the ongoing car sales on residential
streets. Staff will pursue options with City Attorney and MSRC and report back to committee.
Dennis questioned parking requirements for some of the big box stores such as Home Depot
and Lowe's, and how outdoor storage has affected those stores' compliance with zoning
requirements. Steve responded that in many cases those establishments have excess parking and
have made business decisions to use the extra parking spaces for storage rather than for customer
parking. In some cases this has resulted in available parking being temporarily reduced below the
minimum specified by the Zoning Code. We may revisit this issue of parking minimums and
outdoor sales /storage as part of the Tukwila Urban Center plan update.
Joan and Jim asked if anything could be done about the "Human Signs" i.e. people wearing
sandwich boards advertising businesses and waving to passers -by. Steve noted a recent court
case in which the City of Bremerton's prohibition against such signs was upheld. We will
continue to monitor that case as it wends through the appeal process.
Committee Chair Approval
The Public Hearing was called to order by Chair Whisler at 7:00 p.m.
Present: Chair, Kirstine Whisler, Vice Chair, George Malina, Commissioners: Vem Meryhew, Bill Arthur,
Henry Marvin, and, Allan Ekberg.
Excused Absence: Margaret Bratcher
Chair Whisler swore in those wishing to provide testimony.
PLANNING COMMISSION
PUBLIC HEARING
MINUTES
APRIL 24, 2003
Representing City Staff: Jack Pace, Minnie Dhaliwal, Deb Ritter, and Wynetta Bivens.
GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM FEBRUARY 24,
2003. VERN MERYHEW SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED.
CASE NUMBER: L03 -005
APPLICANT: Justin Abbott for T- mobile/Voicestream
REQUEST: Conditional Use permit for a rooftop wireless facility.
LOCATION: 1224 Andover Park East
Bill Arthur made a declaration, he stated his spouse and daughter are employed by competitors of T- mobileNoicestream.
He stated his objectivity would not be effected and asked if anyone objected to him participating in the hearing?
Justin Abbot for the applicant had no objections to Commissioner Arthur hearing the case.
Minnie Dhaliwal gave the presentation for staff. Staff recommends approval of the Conditional Use Permit with the
following conditions:
1. The fiberglass screening around the antennas must be painted to match the existing building.
2. Prior to issuance of construction permit, applicant shall provide a letter from the owner stating the easement to the
Railroad Company has been rescinded.
Prior to the hearing the applicant submitted a letter to staff regarding the easement to the Railroad Company, which was
passed around among the Commissioners for review.
After the easement to the Railroad Company was discussed at some length Commissioner Meryhew suggested the City
Attorney should review the documentation that was submitted.
Justin Abbott, for the applicant, commented on the easement issue stating when the property was purchased the rail road
tracks had been removed. He stated an attorney had reviewed the title report and declared the rights had ceased. Mr. Abbot
continued with an overview of the project. Mr. Abbott explained that he had construction drawings that were more detailed
then the zoning drawings that the Commission received in their packets. The construction drawings show an additional
access ladder that will be located within the fenced area. This addition is necessary because the ladder physically inside of
the structure does not meet required standards. The maintenance crew will use the ladder to gain access to the antennas to do
maintenance once a month. Mr. Abbott also answered questions for the Commission,
There were no further comments.
Public Hearing closed by Chair Whisler.
Planning Commission
Page 2
The Commission deliberated.
GEORGE MALINA MADE A MOTION TO APPROVE STAFF'S FINDINGS, CONCLUSIONS,
RECOMMENDATIONS, AND CONDITIONS (AMENDING CONDITION #2 BY REQUESTING IT IS
REVIEWED BY THE CITY ATTORNEY) FOR CASE NUMBER L03 -005 FOR A CONDITIONAL USE PERMIT.
VERN MERYHEW SECONDED THE MOTION, ALL VOTED IN FAVOR.
CASE NUMBER:
APPLICANT:
REQUEST: 1.
2.
3.
4.
LOCATION:
L03 -010 Code Amendments
City of Tukwila
Update Sign Code regulations dealing with animated signage.
Increase the allowed height for structures located in the Low Density Residential Zone
where a Public Recreation Overlay applies.
Add automobile and truck rentals as separate land use categories in the Zoning Code.
Add self storage as a land use category in the Zoning Code.
Various
Deb Ritter gave the presentation for staff. She gave an overview of each of the four proposed Code Amendments, including
the options that City Council forwarded to the Planning Commission for consideration.
There was no one present that wished to give testimony.
There were no further comments.
Public Hearing closed by Chair Whisler.
The Commission deliberated.
There was extensive discussion on the proposed Code Amendments. The Commissioners deemed it necessary to have a
definition of self storage before they could make a decision on the self storage code. The Planning Commission decided car
and truck rentals should also be allowed in the MIC/L and MIC/H zones. They were particularly concerned with the potential
of 80 -ft. structures in a residential area. They were also strongly opposed to animated signs and the consensus was to
continue the ban currently in effect.
Below is the list of the proposed codes with the Planning Conunission request or recommendations. In order to complete the
Planning Commission's requirements staff will need to make some revisions and provide the Planning Commission with
some additional information.
Proposed:
Proposed:
Add self storage as a land use category in the Zoning Code
Staff needs to retum to the Planning Conunission with a definition of mini storage and self storage
before a decision can be made.
Add automobile and truck rentals as separate land use categories in the Zoning Code
Change verbiage for codes 18.36.020 and 18.38.020 on page 7 of the staff report to read the same as
code 18.34.020, so there is consistency across the districts
Proposed: Increase the allowed height for structures located in the Low Density Residential Zone where a Public
Recreation Overlay applies.
Recommendation to the City Council that the Board of Architectural Review will review structures over
30 -ft in height when located in the Public Recreation Overlay in the LDR zone.
Q:\PLANCOMVIINUTES41- 24- 03.doc
Planning Commission
Page 3
Proposed: Update Sign code regulations dealing with animated signage.
Continue to ban all animated signs
Staff will continue to research and provide information to the Planning Commission on how brightness is
measured.
The Code Amendments will come before the Planning Commission again on May 22nd in a worksession.
Directors Report
Update on upcoming projects Sensitive Area Ordinance JC Penney's Mall Expansion Report on updating Comp
Plan
Chair Whisler requested a meeting calendar be established for the summer to help with vacation scheduling.
Adjourned at 8:48 PM
Respectfully Submitted
Wynetta Bivens
Administrative Secretary
Q:\PLANCOM\M!NUTES \4- 24- 03.doc
The Public Hearing was called to order by Chair Whisler at 7:00 PM.
Present: Chair, Kirstine Whisler, Vice Chair, George Malina, Commissioners: Vern Meryhew, Bill Arthur,
Margaret Bratcher and Allan Ekberg.
Excused Absence: Henry Marvin
Representing City Staff: Steve Lancaster, Minnie Dhaliwal, and Wynetta Bivens.
GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM APRIL 24, 2003.
BILL ARTHUR SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED.
pI Deliberation continuation on Code Amendments from the 4/23/03 Public Hearing.
�lk� CASE NUMBER: L03 010 Code Amendments
1 APPLICANT: City of Tukwila
REQUEST: 1. Update Sign Code regulations dealing with animated signage.
2. Increase the allowed height for structures located in the Low Density Residential Zone where a
Public Recreation Overlay applies.
3. Add automobile and truck rentals as separate land use categories in the Zoning Code.
4. Add self storage as a land use category in the Zoning Code.
LOCATION: Various
Steve Lancaster, Director of Community Development, gave an overview of each of the revised Code Amendments. Staff
recommended forwarding these proposed changes to the City Council. Mr. Lancaster also read comments for consideration
provided by Commissioner Ekberg via e-mail in his absence.
Modified Proposed Code Amendments:
1. Update Sign Code regulations dealing with animated signage.
Staff presented the Planning Commission with 2 options:
Option #1 Ban animated signs but allow electronic signs.
Option #2 Ban electronic signs altogether.
The Planning Commission is not interested in banning electronic signs but they want to regulate the level of brightness and
prohibition on animation. Therefore, staff is recommending that the daytime brightness level be limited to 5,000 nits and
nighttime brightness to 500 nits. To administer the proposed revisions the City would attempt to purchase the necessary
equipment out of the 2004 budget.
The Planning Commission had questions regarding what a nit is and what it is in relationship to a watt. Mr. Lancaster stated
it is difficult grasping with just a number the relative brightness. He compared the City of Sea Tac standards to Tukwila's
proposed standards and Tukwila's standards will be considerably less.
Q:\PLANCOM\ IINUTES\5- 22- 03.doc
DRAFT
PLANNING COMMISSION
PUBLIC HEARING
MINUTES ON CODE AMENDMENTS
MAY 22, 2003
3.
4
Planning Commission
Page 2
The Commissioners were in consensus with Option #1.
Mr. Lancaster read Commissioner Ekberg's comments for consideration in his absence. Commissioner Ekberg elected to go
with Option #1.
2. Increase the allowed height for structures located in the Low Density Residential Zone where a Public
Recreation Overlay applies.
At the April 23' public hearing the Commission voiced a concern regarding having the ability to go up to a maximum of 80-
feet. After further review it was determined standards could be reduced to 50 -feet and still work for the Starfire project and
other similarly zoned projects. Staff is also suggesting as a way to modify the potential impact for increase height, more of a
set -back requirement. The original proposal was one foot of additional height for every 3 -feet of additional set -back, staff is
now proposing 1 foot for every 4 -feet. Under this standard it was determined the building would have to be set -back from
85 -feet to 100 -feet in order to achieve the maximum 50 -feet. For structures more than 30 -feet in height Design Review will
be a requirement. Staff suggested that projects that otherwise do not require City approval come before the BAR. Projects
that City Council has final review on do not need to come before the BAR.
Mr. Lancaster read Commissioner Ekberg's comments for consideration in his absence. Mr. Ekberg concurred with staff.
Mr. Lancaster addressed questions raised by the Commission.
The Commissioners were in consensus that structures over 30 -feet needed to come before the BAR with a maximum of 50-
feet and with a set -back of 1 foot for every 4 -feet.
Mr. Lancaster stated there may be some vesting issues on the Starfire project because they have already submitted
applications under the current codes. If the City Council adopts the proposed recommendation he will keep the Commission
posted on the timing of how things will come before the Commission.
Add automobile and truck rentals as separate land use categories in the Zoning Code.
At the April 23r public hearing the consensus were, change verbiage for codes 18.36.020 and 18.38.020 on page 7 of the
staff report to read the same as code 18.34.020, so there is consistency across the districts.
Add self storage as a land use category in the Zoning Code.
Staff provided a defmition of self storage per the Commission's request at the public hearing on 4/23/03. It read, "Self
Storage Facility" means a building designed and used for the purpose of renting or leasing individual indoor storage space to
customers who are to have access to the space for the purpose of storing or removing personal property on a self service
basis.
The Commission concurred with the districts in which self storage would be allowed.
Mr. Lancaster read Commissioner Ekberg's comments for consideration. He had one question, which was addressed and
had no issues with staff' s recommendation.
RECOMMENDATIONS TO BE FORWARDED TO THE CITY COUNCIL:
1. Sign Code Regulations Adoption of Option #1 as proposed in the staff report.
2. Increase in allowed height for structure.... Adoption of the proposed changes in the staff report with the exception of
the provision those projects that require City Council approval do not need to go to the BAR.
Planning Commission
Page 3
3. Automobile and truck rentals Commercial truck and fleet rentals that do not require commercial driver's licenses
should be allowed in the (RC, RCM, TUC, C/LI, HI and TVS, MIC/L and MIC/H) zones. Rentals that require
commercial driver's licenses should be allowed in the (C/LI, LI, HI, MIC/L, MIC/H and TVS) zones.
4. Self Storage New definition of "Self Storage" as written in the staff report be adopted and the self storage facility
be a permitted use in (RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H and TVS) zones.
BILL ARTHUR MADE A MOTION TO ADOPT THE RECOMMENDATIONS AS RECITED BY DIRECTOR
LANCASTER. GEORGE MALINA SECONDED THE MOTION, ALL VOTED IN FAVOR.
Adjourned at 8:10 PM
Respectfully Submitted
Wynetta Bivens
Administrative Secretary
Q:\PLANCOM\MINUTES\5- 22- 03.doc