HomeMy WebLinkAboutPermit L05-044 - PIERSON FRED - SPECIAL PERMISSION SIGNLOS -044
ROBERT GEORGE
700 ANDOVER PK W
TO: Robert George, Applicant
33759 Ninth Avenue S
Federal Way, WA 98003
I. PROJECT INFORMATION
Project File Number: S05 -055, L05 -044
Applicant: Robert George
Type of Permit Applied for: Permanent Sign Permit
Location: 700 Andover Park West, Tukwila, WA, 98188
Comprehensive Plan
Designation/Zoning
District: TUC
Vicinity /Site Information
Decisional Criteria
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Cizy of Tukwila
NOTICE OF DECISION
Department of Community Development Steve Lancaster, Director
July 27, 2005
This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following
project and permit approval.
Project Description: Request Special Permission Sign Increase to increase the allowable sign area
from 68.51 SF to 90 SF.
The proposed sign will be located on the western face of the wall of the building located at 700
Andover Park West. The zoning into which this building falls is TUC, and the surrounding land
uses are commercial. The area of the exposed building face (EBF) is 1527 square feet. The
setback of the building from the street is 75 feet.
The required front setback in the TUC is 15 feet. Upon approval as a Type 2 decision, according
to TMC 19.32.140 (A), sign area may be increased 50% for each doubling of the required
minimum setback up to a maximum of 500 SF or 6% of the total EBF, whichever is less (TMC
19.32.150)
Steven M. Mullet, Mayor
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Per table 1 of TMC 19.32.140, the standard allowed sign area would normally be 68.51 SF for an
EBF of 1527 SF. Since the building setback is 75 feet (5 times the minimum setback required
within the TUC zone), this application qualifies for review as a Type 2 decision. Six percent of
the EBF for this building is 91.62 SF. The proposed sign area is 90 SF.
Conclusions
1. The building setback is a sufficient distance to allow an increase in the area of the wall sign.
2. The proposed sign area is takes up 5.8% of the total area of the EBF, which is within the 6%
maximum threshold of wall sign area to EBF area as required by TMC 19.32.150.
H. DECISION
SEPA Determination: The City SEPA Responsible Official has previously determined that this
application does not require a SEPA threshold determination because it is categorically exempt.
Decision on Substantive Permit: The Community Development Director has determined that the
application for a does comply with applicable City and state code requirements and has approved that
application, subject to any conditions which are set forth in the Decision based on the findings and
conclusions contained in the staff report.
M. YOUR APPEAL RIGHTS
The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal
Code §18.104.010. Other land use applications related to this project may still be pending.
A party who is not satisfied with the outcome of the administrative appeal process may file an appeal
in King County Superior Court from the Planning Commission decision.
IV. PROCEDURES AND TIME FOR APPEALING
In order to appeal the Community Development Director's decision on the Permit Application, a
written notice of appeal must be filed with the Department of Community Development within 14
days of the issuance of this Decision, that is by August 10, 2005.
The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal
materials shall be submitted to the Department of Community Development. Appeal materials
MUST include:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing party is a
corporation, association or other group, the address and phone number of a contact person
authorized to receive notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors in the decision,
including any specific challenge to an MDNS.
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4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of
the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant,
and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised
in the Notice of Appeal.
V. APPEAL HEARINGS PROCESS
Any administrative appeal regarding the Permit shall be conducted as an open record hearing
before the Planning Commission based on the testimony and documentary evidence presented at
the open record hearing. The Planning Commission decision on the appeal is the City's final
decision.
Any party wishing to challenge the Planning Commission decision on this application must file
an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal
challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the
Planning Commission decision is properly filed in Superior Court within such time limit, the
Decision on this permit will be final.
The City's decision to issue a DNS, an MDNS or an EIS is final for this permit and any other
pending permit applications for the development of the subject property.
VI. INSPECTION OF INFORMATION ON THE APPLICATION
Project materials including the application, any staff reports, and other studies related to the permits
are available for inspection at the Tukwila Department of Community Development, 6300
Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between
8:30 a.m. and 5:00 p.m. The project planner is Jaimie Reavis, who may be contacted at 206 -431-
3659 for further information.
Property owners affected by this decision may request a change in valuation for their property tax
purposes. Contact the King County Assessor's Office for further information regarding property tax
valuation changes.
t}� evelo
Department of Communi pment
City of Tukwila
City of'tukwila
Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670
Parcel No.: 2623049124
Address: 700 ANDOVER PK W TUKW
Suite No:
Business
Name: TUESDAY MORNING Phone:
Address:
Property Owner:
Name: VON ELTZ - RUBENACH ROBIN K F
Address: C/O METZLER REALTY ADVISORS
Contact Person:
Name: ASHLEY MINDENHALL
Address:
Contractor:
Name: SIGN -TECH ELECTRIC LLC
Address: 33759 NINTH AVE S
PERMANENT SIGN PERMIT
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Permit Number: S05 -055
Issue Date: 07/28/2005
Permit Expires On: 01/24/2006
Phone:
Phone: 253 952 -6559
Phone: 253 952 6559
DESCRIPTION OF WORK:
Special Permission for a 90' WALL SIGN "TUESDAY MORNING" to increase allowable sign area from 68.51
sf to 90 sf.
Fees Collected: $400.00
PERMANENT SIGN:
Zoning: TUC Sign Type:
Wall Sign #1 Wall Sign #2 Wall Sign #3 Wall Sign #4
Wall Area (sq. feet): 1520 0 0 0
Wall Sign Size (sq. feet): 90 0 0 0
Sign Lighting:
Face Residential Land: N N N N
Freestanding Sign #1 Freestanding Sign #2
Street Frontage for Entire Lot: 0 0
Building Height (feet): 0 0
Sign Size (sq. feet): 0 0
Sign Height (feet and inches): 0' 0" 0' 0"
Setback (feet): 0 0
Number of Sign Faces: 0 0
Planning Division Authorized Signature: Date:
I hereby certify that I have read and examined fhis permit and know the same to be true and correct. All provisions of law and
ordinances governing this work will be complied with, whether specified herein or not.
THIS PERMIT SHALL BECOME NULL AND VOID IF THE WORK IS NOT COMMENCED WITHIN 180 DAYS FROM THE DATE OF
doc: Permsign
S05 -055 Printed: 09 -06 -2005
FOR STAFF USE ONLY Sierra Type: P -SP
Planner:
File Number: 0 _ 044 4
Application Complete (Date:
)
Project File Number: p 0 £ _ 7 S
Application Incomplete (Date:
)
Other File Numbers: 60_05
APPLICATION
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CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E - mail: tukplan@ci.tukwila.wa.us
NAME OF PROJECT/DEVELOPMENT: I UE 5 ' DA \/ Pia /t/" 6
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and
subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS.
Signature:
7 o 1vf/EZ 7 , 4Rk )E3
Quarter: Section: Township: Range:
(This information may be found on your tax statement)
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping development
standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name: F UT /e s0A/
Address: 22,E X /4/ Z, b Ay/ /V X4 l% 4/) ��—
Phone: 2 '&93 . d 20 FAX: 2 ,P93- '?�
E -mail: /l!
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JO / ;
SPECI 2045
PER1VIISgtak,
DIRECTOR
Check items
submitted
with
application
Information Rered. May be waived in unusual cases, upfripproval of both Public Works
and Planning
SENSITIVE AREA ORDINANCE DEVIATIONS
11. Site Plan — two (2) copies showing all buildings, parking areas, walkways, property lines,
planting areas, sensitive areas, their buffers and setbacks.
12. Sensitive area studies and enhancement plans to justify a requested buffer or setback
reduction and demonstrate that the reduction will not result in a direct or indirect short -term
or long -term adverse impact to the sensitive area.
SIGN CODE APPROVAL/DEVIATION '
13. Complete "Permanent Sign Permit Application" with all supporting materials and fees
$ - \ O.O3
14. The following information should be given on the plans:
North arrow, title, scale and date;
Vicinity map showing location and names of adjacent roads;
Property lines;
Locations of all buildings on site;
Dimensioned elevations of building drawn to scale (for wall signs);
Elevations, dimensions and materials of proposed sign(s) including advertising copy;
Color elevation of proposed sign.
CARGO CONTAINER APPROVAL
15. Site plan showing the location of the container(s) in relationship to parking areas, property
lines, buildings, streets, trails, landscape areas and setbacks.
16. Description of the proposed screening.
17. Dimensions of proposed cargo container.
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PARKING DEVIATION
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REVIEW CRITERIA
Please consult the Zoning Code or Sign Code as to the appropriate criteria for your specific
proposals. In addition all approvals must be consistent with the Tukwila Comprehensive Plan
(TMC 18.100.030).
Planning Division staff are available to discuss the decision criteria you must respond to and
necessary supporting materials.
❑ Covenant Parking: where required parking is provided off -site (TMC 18.56.070(B));
❑ Complementary Parking: where up to 10% of a development's useable floor area is
determined to be linked to remaining area, such that it need not provide the normally
required parking (TMC 18.56.070(D));
❑ Reduction of the minimum required parking of up to 10 %, through an administrative
variance (TMC 18.56.140).
A parking reduction may be allowed after:
a. All shared parking strategies are explored.
b. On -site park and ride opportunities are fully explored.
c. The site is in compliance with the City's commute trip reduction ordinance or, if not
an affected employer as defined by the City's ordinance, agrees to become affected.
d. The site is at least 300 feet away from a single - family residential zone.
e. A report is submitted providing a basis for less parking and mitigation necessary to
offset any negative effects.
In addition to the above requirements, the Director may require specific measures not listed
to ensure that all impacts with reduced parking are mitigated. Any spillover parking that
cannot be mitigated to the satisfaction of the Director will serve as the basis for denial.
LANDSCAPE DEVIATIONS
❑ The landscape perimeter may be averaged if the total required square footage is achieved,
unless the landscaping requirement has been increased due to proximity to LDR, MDR or
HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission
decision if all of the following criteria are met:
1. Plant material can be clustered to more effectively screen parking areas and blank
building walls.
)
2. Perimeter averaging enables significant trees or existing built features to be retained.
3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allow
joint use of parking facilities between neighboring businesses.
4. Width of the perimeter landscaping is not reduced to the point that activities on the site
become a nuisance to neighbors.
5. Averaging does not diminish the quality of the site landscape as a whole.
❑ In the MDR and HDR zones up to 20% of the minimum required front yard landscaped area
may be developed for pedestrian and transit facilities.
❑ In the RCC and TUC zones required landscaping may include a mix of plant materials,
pedestrian amenities and features, outdoor cafe -type seating and similar features. Required
plant materials will be reduced in proportion to the amount of perimeter area devoted to
pedestrian oriented space.
TREE REGULATION DEVIATIONS
❑ The Director may grant exceptions from the requirements of chapter 18.54 when undue
hardship may be created by strict compliance with the provisions of this chapter. Any
authorization for exception may prescribe conditions deemed necessary or desirable for the
public interest, or necessary to meet the intent of this chapter. An exception to this chapter
shall not be granted unless all of the following criteria are met:
1. Strict compliance with the provisions of this code may jeopardize project feasibility or
reasonable use of property.
2. Proposed vegetation removal, replacement, and any mitigation measures proposed, are
consistent with the purpose and intent given in this chapter.
3. The granting of the exception or standard reduction will not be detrimental to the public
welfare or injurious to other property in the vicinity.
In addition to the above criteria, the Director may also consider any of the following in
reviewing an exception request:
a. Whether the recommendation of a certified arborist supports the exception.
b. Evidence that the size of the site or project cannot support the number of required
replacement trees, and off -site tree planting is proposed which furthers the goals of this
chapter and other City policies.
c. On -site planting of all required replacement trees is not feasible, and the project includes
an equivalent contribution in funds and/or labor and materials for off -site tree planting
as jointly agreed by the applicant and Director.
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d. Smaller -sized replacement plants are more suited to the species, site conditions, atitiq,ty
the purposes of this chapter, and are planted in sufficient quantities to meet the intent o fT
this chapter.
❑ Retention and Replacement of Canopy Cover - on undeveloped sites or sites with dense
stands of trees, where the cost of identification of individual tree species and sizes is
inordinate relative to the project, the Director may allow the applicant to use the tree canopy
cover approach outlined below to calculate retention and replacement of trees:
1. The site shall have a minimum canopy cover equal to 20% of the site area, or equal to
the existing canopy cover whichever is less.
2. To meet the requirements for site canopy cover, canopy cover may consist of any
combination of existing trees and replacement trees. Canopy cover of each new tree
shall be calculated at 314 square feet.
SENSITIVE AREA ORDINANCE DEVIATIONS
❑ Setbacks.
All commercial and industrial developments shall be set back 15 feet and all residential
development shall be set back ten feet, measured from the foundation to the buffer's edge.
The Director may waive setback requirements when a site plan demonstrates there will be
no impacts to the buffer zone.
❑ Buffers
The Director may reduce the standard wetland/watercourse buffers on a case -by -case basis,
provided the buffer does not contain slopes 20% or greater. The approved buffer width
shall not result in greater than a 50% reduction in width, and the reduced buffer shall not be
less than 15 feet for wetlands and ten feet for watercourses. Any buffer reduction proposal
must demonstrate to the satisfaction of the Director that it will not result in direct or
indirect, short-term or long -term adverse impacts to wetlands or watercourses, and that:
1. The buffer is vegetated and includes an enhancement plan as may be required to
improve the buffer function and value; or
2. If there is no significant vegetation in the buffer, a buffer may be reduced only if an
enhancement plan is provided. The plan must include using a variety of native
vegetation that improves the functional attributes of the buffer and provides additional
protection for the wetland or watercourse functions and values.
SIGN DEVIATIONS
❑ In the single family zone (LDR): signs for all conditional uses and public facilities (TMC
19.32.080);
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❑ Signs of conditionally permitted uses, all public facilities and all free - standing signs, that
abut or face single family zones (TMC 19.32.120) and multi - family zones (TMC
19.32.130);
❑ Any multi -tenant office building sign which has over 50% of the total allowed wall sign
area (TMC 19.32.140(B)(4));
A 50% increase in wall sign area for each doubling of the Zoning Code maximum building
setback up to 6% of the wall area upon which the sign will be mounted up to a maximum of
500 sq. ft. (TMC 19.32.140(A)(2) and (C)).
❑ In multi - family zones where signs face multi - family, commercial and industrial zones: signs
of conditionally permitted uses, all public facilities and freestanding signs (TMC
19.32.100).
In Commercial and Industrial (TMC 19.32.170) Zones:
Shopping Mall business wall signs (TMC 19.32.150(A)):
❑ To allow one wall sign to have more than 50% of the business's total allowable sign area in
one sign.
❑ To allow one freestanding sign to have more than 50% of the site's total allowable sign area
in one sign.
CARGO CONTAINERS
Approval criteria for cargo containers to be installed in the LDR, MDR, and HDR zones for
institutional uses and in the RC, RCM, TUC or C/LI zones for permitted or conditional uses:
❑ Only two cargo containers will be allowed per lot, maximum length 30 feet.
❑ The container is located to minimize the visual impact to adjacent properties, parks, trails and
rights -of -way as determined by the Director.
❑ The cargo container is sufficiently screened from adjacent properties, parks, trails and rights -
of -way, as determined by the Director. Screening may be a combination of solid fencing,
landscaping, or the placement of the cargo containers behind, between or within buildings.
❑ If located adjacent to a building, the cargo container must be painted to match the building's
color.
❑ Cargo containers may not occupy any required off- street parking spaces.
❑ Cargo containers shall meet all setback requirements for the zone.
❑ Outdoor cargo containers may not be refrigerated.
❑ Outdoor cargo containers may not be stacked.
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CITY TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431- 3665
E -mail: tukplanaci.tukwila.wa.
The Tukwila Zoning Code and Sign Code have established "Special Permission" decisions, which are more complex than
straightforward applications of code standards, but do not require a public hearing
REQUIREMENTS: Special permission approval by the Director is required in the following situations.
Parking Deviations (Zoning Code, TMC 18.56)
• Covenant Parking: When required parking is provided off -site.
• Complementary Parking: When up to 10% of a development's useable floor area is determined to be linked to
remaining areas such that it need not provide the normally required parking.
• Administrative Variance: Reduction in the minimum number of required parking spaces of up to 10%.
Landscape Deviations (Zoning Code, TMC 18.52.020
• Landscape perimeter averaging
• Developing pedestrian and transit facilities within the required front yard landscape area in MDR and HDR
zones.
• Substitution of pedestrian oriented space for landscaping in RCC and TUC zones.
Tree Regulation Deviations (TMC 18.54.140)
Request for exception from Tree Permit requirements.
Sensitive Area Ordinance Deviations (TMC 18.45.040)
Request for setback waiver or buffer reduction.
Sign Deviations (Sign Code, Title 19)
• Signs for conditional uses or public facilities located in or adjacent to residential zones.
• Freestanding signs in commercial zones that are located within 100 feet of a residential zone.
• Request for increase in wall sign area due to doubling of required building setback.
• Any multi -tenant office building wall sign which has over 50% of the total allowed sign area for that building face.
• Any shopping mall business wall sign which has over 50% of the total allowed sign area for that building face.
• Any shopping mall business freestanding sign which has over 50% of the total allowed sign area for the site.
Cargo Containers as accessory structures (TMC 18.50.060 and 18.70.130)
Request to install a container in the LDR, MDR, HDR, RC, RCM, TUC or C/LI Zones.
PROCEDURES: Within 28 days of receiving your application, City staff determines if it is complete, based on
the following "Complete Application Checklist ". If not, you will be mailed a letter outlining what additional
information is needed.
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Check items
submitted
with
application
Informah un Required. May be waiv In unsaid cues, r 3 a oval of both Public Works
and Planni
APPLICATION MATERIALS:
1. Application Checklist one (1) copy, indicating items submitted with application.
2. Permit Fee (LDR = $200, Other zones = $300).
3. Written description of the project, the deviation being requested and response to the
applicable decision criteria.
ZONING CODE PARKING DEVIATION
4. A complete description of the proposed construction relative to parking areas, and all
supporting agreements.
5. Dimensional site plan(s) to demonstrate parking area consistent with Zoning Code
requirements.
6. Parking studies as needed to demonstrate adequate parking is provided.
LANDSCAPE DEVIATION
7. Landscape plan — two (2) copies showing size and species of existing and proposed plant
materials, required perimeter landscape types, parking areas, buildings, walkways, transit
facilities, property lines, dimensions and area of planting beds and any calculations
necessary to demonstrate compliance with review criteria.
TREE REGULATION DEVIATION
8. Tree survey showing size and species of existing trees, with trees to be removed and trees to
be retained noted (unless request is for use of canopy cover method)
9. Tree replacement calculations per TMC 18.54.130.3 B or canopy cover calculations per
TMC 18.54.140 B.
10. Description of the nature of the undue hardship caused by strict compliance with the Tree
Regulations, proposed mitigation measures and justification for the deviation from Tree
Regulations.
The materials listed below must be submitted with your application unless specifically waived in writing by the
Public Works Department and the Department of Community Development. Please contact the Department if you
feel that certain items are not applicable to your project and should be waived, or should be submitted in a later
timely manner for use at the Public Hearing (e.g., revised colored renderings). Application review will not begin
until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED.
The initial application materials allow starting project review and vesting the applicant's rights. However, they in
no way limit the City's ability to require additional information as needed to establish consistency with development
standards.
Department staff are available to answer questions about application materials at 206 -431- 3670.
COMPLETE APPLICATION CHECKLIST TABLE
Check items
submitted
with
application
Information hired. May be waived in unusual cases, uapproval of both Public Works
and Planning
SENSITIVE AREA ORDINANCE DEVIATIONS
11. Site Plan — two (2) copies showing all buildings, parking areas, walkways, property lines,
planting areas, sensitive areas, their buffers and setbacks.
12. Sensitive area studies and enhancement plans to justify a requested buffer or setback
reduction and demonstrate that the reduction will not result in a direct or indirect short-term
or long -term adverse impact to the sensitive area.
SIGN CODE APPROVAL/DEVIATION
13. Complete "Permanent Sign Permit Application" with all supporting materials and fees
•(46.0t icre
14. The following information should be given on the plans:
North arrow, title, scale and date;
Vicinity map showing location and names of adjacent roads;
Property lines;
Locations of all buildings on site;
Dimensioned elevations of building drawn to scale (for wall signs);
Elevations, dimensions and materials of proposed sign(s) including advertising copy;
Color elevation of proposed sign.
CARGO CONTAINER APPROVAL
15. Site plan showing the location of the container(s) in relationship to parking areas, property
lines, buildings, streets, trails, landscape areas and setbacks.
16. Description of the proposed screening.
17. Dimensions of proposed cargo container.
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EXECUTED at
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CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E - mail: tukplan @ci.tukwila.wa.us
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
STATE OF WASHINGTON
COUNTY OF KING
The undersigned being duly sworn and upon oath states as follows:
I . I am the current owner of the property, which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3. The application is being submitted with my knowledge and consent.
4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real
property, located at
for the purpose of application review, for the limited time necessary to complete that purpose.
5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the
City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City.
6. Non - responsiveness to a City information request, for ninety (90) or more days, shall be cause to cancel the application(s) without
refund of fees.
(city), (state), on
(Print Name)
(Address)
(Phone Number)
(Signature)
On this day personally appeared before me to me known to be the individual who
executed the foregoing instrument and acknowledged that he /she signed the same as his/her voluntary act and deed for the uses and
purposes mentioned therein.
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF
NOTARY PUBLIC in and for the State of Washington
residing at
My Commission expires on
0 C°4*- /Il:i