HomeMy WebLinkAboutReg 2010-06-21 Item 7 - Ordinance - Emergency Moratorium on Signage!CAS NUMBER: 10-072
AGENDA ITEM TITLE Moratorium on certain types of signage.
CATEGORY
SPONSOR Council Ma n Adm Svcs DCD n Finance n Fire 1 1 Legal U P&R Police n PTV
SPONSOR'S
SUMMARY
REVIEWED BY
Mtg Date 06/21/10 Mtg Date
MTG. DATE
06/21/10
Discussion
Adoption of a moratorium on the acceptance of applications for electronic signs, signs that
utilize holographic displays, animated signs, billboards, freeway interchange signs, and
freestanding signs taller than six feet in height.
II
COW Mtg.
Utilities Cmte
I
COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by Mayoj view 1 Council review
06/21/10 BM I (,JLR
1
Motion n Resolution Ordinance 1 1 Bid Award I I Public Hearing 1 1 Other
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ITEM INFORMATION
ORIGINAL AGENDA DATE: JUNE 21, 2010
Mtg Date
CA &P Cmte
Arts Comm.
Lzitials
Mtg Date 06/21/10 Mtg Date
F &S Cmte
Parks Comm.
DATE: No Committee assisgnment due to emergency
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt moratorium as presented.
COMMIT EE No Committee assignment due to emergency
COST. IMPACT f FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments: N/A
RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
06/21/10 Informational Memorandum dated June 14, 2010
Ordinance in Final Form
ITEM No.
Mtg Date Mtg Date
n Transportation Cmte
Planning Comm.
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Regular Council
FROM: Nora Gierloff, Community Development Deputy Director
DATE: June 14, 2010
SUBJECT: Sign Code Moratorium
ISSUE
The moratorium that the City previously had in place prohibiting the construction of certain types
of signs has expired. The Department of Community Development (DCD) staff is requesting
that the moratorium be readopted for six months to allow sufficient time to adopt the new sign
code.
TO:
BACKGROUND
In the fall of 2008, DCD staff determined that the Sign Code Advisory Committee
recommendations would prohibit some sign types allowed under the existing sign code. In
October of 2008, the City Council adopted a moratorium on the installation of these signs within
the City to prevent businesses from investing in signs that could become non conforming under
the new Sign Code.
The following sign types were covered under the moratorium:
1. Animated and electronic signs
2. Freestanding signs taller than six feet.
3. Freeway Interchange Signs.
4. Billboards
Throughout the past year, the City has been working extensively to write a new sign code. In
the fall of 2009, the Planning Commission conducted several work sessions on the new code,
and in the spring they forwarded a draft sign code to the City Council for the Council's review
and consideration.
The current moratorium has expired and staff would like to readopt it until the sign code update
process is complete. At the Community Affairs and Parks Committee meeting on June 14,
2010, the City Council received their first briefing on the draft code forwarded to them by the
Planning Commission. Staff is anticipating that adoption of the sign code could occur by the
end of the summer; thus the entire six month moratorium may not be needed. If the new sign
code is adopted before the end of the six month period, staff will bring an ordinance repealing
the moratorium to the Council.
ANALYSIS
The moratorium has prevented the installation of new signs that may be rendered non-
conforming when the new sign code is adopted and for this reason should be renewed.
RECOMMENDATION
The City Council is being asked to adopt the attached Ordinance. The City is required to hold a
public hearing within 60 -days of adoption of an emergency moratorium. Staff is proposing that
the public hearing be held no later than August 16, 2010.
ATTACHMENTS
Ordinance in Final Form
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ty of Tukwii
Washington
Ordinance No.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND
ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE
CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; DECLARING AN
EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title 19 of the Tukwila Municipal Code the Sign Code regulates
signage within the City of Tukwila; and
WHEREAS, the City Council has identified that the City's current Sign Code is out
of -date and needs to be updated in order to address the complexity of development
issues within the City; and
WHEREAS, the City desires to limit the number of signs that might be rendered
non conforming by the Sign Code update, thereby limiting the financial burden to
business owners, property owners and the City that would result from a staged
amortization program; and
WHEREAS, on June 4, 2007, the City Council passed Ordinance No. 2165,
establishing a six -month moratorium on the filing of sign, development and electrical
permits for certain types of electronic signage within the City; Ordinance No. 2170
adopted the Findings of Fact; the moratorium was renewed by Ordinance Nos. 2180
and 2202, expanded by Ordinance No. 2208, and renewed again by Ordinance Nos.
2225 and 2246; and
WHEREAS, the City Council and Planning Commission were briefed on various
Sign Code issues at a joint meeting on October 25, 2007; and
WHEREAS, on February 4, 2008 the City Council adopted Resolution No. 1656,
which called for the creation of a Sign Code Advisory Committee to assist City staff in
the creation of a new Sign Code; and
WHEREAS, since July of 2008 the Committee has met a total of six times to discuss
the various issues associated with the creation of a new Sign Code, and has developed
recommendations to limit certain types of signage, in order to improve the visual
appearance of the City; and
WHEREAS, on January 29, 2009, the City Council and Planning Commission were
briefed at a joint meeting on the recommendations of the Sign Code Advisory
Committee; and
WHEREAS, in the Fall of 2009, the Planning Commission conducted work sessions
to review in detail the recommendations of the Sign Code Advisory Committee; and
WHEREAS, on March 18, 2010, the Planning Commission, conducted a public
hearing, on the proposed draft Sign Code; and
WHEREAS, on April 22, 2010, the Planning Commission, adopted a motion
recommending that the City Council adopt a new Sign Code; and
WHEREAS, on June 14, 2010, the Community Affairs and Parks Committee received
their first briefing on the new Sign Code; and
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WHEREAS, the entire City Council will likely begin their review of the new Sign
Code in the summer of 2010; and
WHEREAS, the current moratorium has since expired before the new Sign Code has
been adopted; and
WHEREAS, the City has received and will continue to receive applications for a
variety of signs that may conflict with the City's update to TMC Title 19, "Sign Code,"
and could potentially pose a threat to public safety and add visual clutter to the City
streets; and
WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the
City may adopt an emergency moratorium for a period of up to six months, providing it
holds a public hearing on that moratorium within 60 days after its adoption;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by
reference as the City Council's Findings of Fact, as if fully set forth herein.
Section 2. Purpose. The purpose of this moratorium is to allow the City adequate
time to study and adopt regulations to update TMC Title 19, "Sign Code."
Section 3. Moratorium Imposed.
A. A moratorium is hereby established on the filing of sign, development and
electrical permits for the erection, re- erection, construction or alteration of any sign that
would be classified as an "Electronic Sign," as defined under TMC Section 19.08.055;
any sign that would be classified as an "Animated Sign," as defined under TMC Section
19.08.030; any sign that displays a "Holographic Display," as defined under TMC
Section 19.08.105; and any sign considered a "Scoreboard," under TMC Section
19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of
an existing sign, provided the maintenance is consistent with the limitations specified in
TMC Section 19.12.050, "Exceptions- Permits Not Required," and TMC Chapter 19.30,
"Staged Compliance Sign Amortization Program." This moratorium shall not apply to
any sign permit that was vested prior to the moratorium's enactment.
B. A moratorium is hereby established on the filing of sign, development and
electrical permits for the erection, re- erection, construction or alteration of any sign that
would be classified as a billboard under TMC Section 18.08.050. Existing billboards may
continue to replace their existing copy, pursuant to the limitations established under
TMC Title 19.
C. A moratorium is hereby established on the filing of sign, development and
electrical permits for erection, re- erection and construction of any sign, taller than six
feet in height that would be classified as a "freestanding sign," as defined under TMC
Section 19.08.070. Height shall be determined pursuant to TMC Section 19.08.100.
Nothing in this moratorium shall be construed to prevent the maintenance of an
existing freestanding sign, provided the maintenance is consistent with the limitations
specified in TMC Section 19.12.050, "Exceptions- Permits Not Required," and TMC
Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding
signs that comply with TMC Title 19 may have face changes and install panels, subject
to the permit requirements of TMC Section 19.12.010 and other applicable sign
development standards found in TMC Title 19.
D. A moratorium is hereby established on the filing of sign, development and
electrical permits for the erection, re- erection, construction, or alteration of any
"freeway interchange sign," as permitted under TMC Section 19.32.140(E)(2). Nothing
in this moratorium shall be construed to prevent the maintenance of an existing freeway
interchange sign, provided the maintenance is consistent with the limitations specified
in TMC Section 19.12.050, "Exceptions- Permits Not Required." Existing freeway
interchange signs shall not be permitted to install new sign panels or change the copy of
the freeway interchange sign until the moratorium is no longer in effect.
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Section 4. Effective Period of Moratorium. The moratorium established by this
ordinance shall be effective as set forth in Section 7 below, and shall continue in effect
for six months thereafter unless repealed, renewed or modified by the City Council
after subsequent public hearing and entry of findings of fact.
Section 5. Public Hearing to be Held. A public hearing on the issues of the
moratorium shall be held not later than 60 days after the date of adoption of this
ordinance.
Section 6. 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 7. Effective Date. The Tukwila City Council hereby declares an emergency,
necessary for the protection of the public health, public safety, public property and public
peace. This public emergency ordinance shall take effect and be in full force immediately
upon adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn.
App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency
declaration are included in the "Whereas" clauses above, all of which are adopted by
reference as Findings of Fact as if fully set forth herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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