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HomeMy WebLinkAboutCOW 2009-02-23 Item 5B - Ordinance - Ordinance Renewing Moratorium on SignageCAS NUMBER 09-025 MTG. DATE 2/23/09 Discussion Motion lIt; Date 02/23/09 !lltg Date COUNCIL AGENDA SYNOPSIS ITEM INFORMATION Initials rbleetuta Date Prepared by tblay9r'.r review Council review 02/23/09 BM 1 03/02/09 BM 1 I ORIGINAL AGENDA DATE. FEBRUARY 23, 2009 Ac;l,ND.\ Iiv.mTriu Renewing the City's Moratorium on the installation of certain types of signage. Resolution Ordinance n Bid Award Public Hearing Other Mtg Date bItg Date 03/02/09 lltg Date RECORD OF COUNCIL ACTION ITEM No. dltg Date 03/02/09 ill 2 Date SPONSOR I Council Mayor Adm Svcs DCD Finance Fire Legal I I P &R n Police PW SPONSOR'S On October 6, 2008 the City Council adopted Ordinance 2208 which established a 180 -day SUMMA R) moratorium on the installation of certain signage types within the City. The sign types included billboards, freeway interchange signs, dynamic signs, and freestanding signs taller than six feet. The moratorium will expire in April and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180 -days. RI v ;WIT) BY COW Mtg. CA&P Cmte (J F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planiung Comm. DA IL: 2/9/09 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI .,N DrI'URI i REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments N/A MTG, DATE 1 ATTACHMENTS 02/23/09 Informational Memorandum dated February 17, 2009 Ordinance in Draft Form Ordinance #2208 Minutes from the Community Affairs and Parks Committee meeting of 2/9/09 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM FROM: DATE: SUBJECT: Mayor Haggerton Committee of the Whole \. Jack Pace, DCD Directo},\~. \ \~ February 17, 2009 \) Renewal of Sign Code Moratorium TO: ISSUE The moratorium that the City has in place regarding the placement of certain signage types will expire in early April. DCD staff is requesting that the moratorium be renewed and extended an additional six months to allow sufficient time to complete the sign code update. BACKGROUND In the fall of 2008, DCD staff realized that Sign Committee recommendations may conflict with the existing sign code. In October of 2008, the City Council adopted a moratorium on the installation of certain sign types within the City. 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. During the summer, the Sign Code Advisory Committee met a total of six times to review the various issues associated with sign regulations. On January 29, 2009, the City Council and Planning Commission were briefed on the recommendations of the Sign Code Advisory Committee. These recommendations included new standards for freestanding signs and prohibiting certain types of signage that is currently allowed under the existing sign code. The current moratorium is set to expire on April 4, 2009 and the new sign code will likely not be ready for adoption until the end of summer. The Community Affairs & Parks Committee was briefed on the proposed renewal at their February 9, 2009 meeting. The Committee was supportive of the renewal and forwarded the matter to full Council for consideration. ANALYSIS DCD noted the complexities associated with dealing with non-conforming signs at the joint meeting. The new sign code will render dozens of existing signs non-conforming and DCD staff is hoping to work with these property and business owners to reduce the impacts of the new code. 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 Council is being asked to approve the ordinance renewing the moratorium an additional six months. The Ordinance has been scheduled for public hearing on March 2, 2009 and adoption could occur on that date. ATTACHMENTS A: Ordinance in Draft Form B: Minutes from February 9,2009 CAP Meeting DRJl\FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMEf\T'f, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NO. 2208; PROVIDING FOR SEVERABILITY; Ai\JD ESTABLISHING AN EFFECTIVE DATE. vVHEREAS, 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- dated 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 nonconforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City imposed by 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, passed July 2, 2007, adopted the Findings of Fact; the moratorium was renewed by Ordinance Nos. 2180 and 2202; and expanded by Ordinance No. 2208; 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 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 vVHEREAS, since July of 2008 the Committee has met five 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, since January 29, 2009, the Planning Commission and the City Council were briefed on the recommendations of the Sign Code Advisory Committee. The recommendations, if included in the new sign code, will prohibit the installation of some sign types that are currently permitted within the City; 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 Title 19 and could potentially pose a threat to public safety and add visual clutter to the City streets; and WHEREAS, on March 2, 2009, the City Council conducted a public hearing on the renewal of the moratorium; C:\Documents and Settings\A1l Use13\Desl..'1:op\Kelly\MSDA T A\Ordinances\Sign Code Moratorium.doc ksn 211912009 Page 1 on NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN 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 Title 19 of tl1e Tukwila Municipal Code. Section 3. Moratorium Renewed. As established by Ordinance No. 2208, dated October 6, 2008, the moratorium is hereby renewed on the filing of sign, development and electrical permits for the erection, re-erection, construction, or alteration of: 1. Any sign that would be classified as an "Electronic Sign" as defined under TMC 19.08.055, any sign that would be classified as an "Animated Sign" as defined under TMC 19.08.030, any sign that displays a "Holographic Display" as defined under TMC 19.08.105, and any sign considered a "Scoreboard" under TIvlC 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 19.12.050, "Exceptions-Permits Not Required," and 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. 2. Any sign that would be classified as a billboard under TMC 18.08.050. Existing billboards may continue to replace their existing copy pursuant to the limitations established under Title 19. 3. Any sign, taller than six feet in height, that would be classified as a "freestanding sign" as defined under TMC 19.08.070. Height shall be determined pursuant to TMC 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 19.12.050, "Exceptions-Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply V\~th Title 19 of the Tukvvila Municipal Code may have face changes and install panels subject to the permit requirements of TMC 19.12.010 and other applicable sign development standards found in Title 19. 4. Any "freeway interchange sign" as permitted under TMC 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 TIvlC 19.12.050, "Exceptions-Permits Not Required." Installation of new sign panels on existing freeway interchange signs or change of copy of the freeway interchange sign shall not be permitted until the moratorium is no longer in effect. Section 4. Repealed. Ordinance No. 2208, dated October 6, 2008, is herebv repealed. Section 5. 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 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 fue remaining portions of this ordinance or its application to any other person or situation. C:\Documents and Setting:s\AII Users\Desh.1:op\Kelly\lv1SDA T A\Ordinances\Sign Cede Moratorium.doc !Gn 2/1912009 Page 2 of3 Section 7. Effective Date. This ordinance or a summary thereof shall be published in the oHicial newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKW1LA, WASHINGTON, at a Regular Meeting thereof this day of ,2009. ATTEST! AUTHENTICATED: Jim HaggertoTI, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPROVED AS TO FORM BY: Office of the City Attorney C:\DocumenlS and Settings\AJI Users\Desk"1op\KellyiMSDA T A\Ordinances\Sign Code Moratcrium.doc ksn 2/1912009 Page 3 of3 City of Tukwila Washington Ordinance No. &c o b AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SIX -MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NOS. 2165, 2170, 2180 AND 2202; 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- dated 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 nonconforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City imposed by 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, and that moratorium was renewed by Ordinance Nos. 2170, 2180 and 2202; 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 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 five 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, the City has received and will continue to receive applications for a variety of signs that may conflict with the City's update to Title 19 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; C:\Documents and Settings\All Users\ Desktop \Kelly \MSDATA \Ordinances \Sign Code Moratorium.doc Page 1 of 3 ksn 10/1/2008 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN 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 Title 19 of the Tukwila Municipal Code. Section 3. Moratorium Imposed. A moratorium is hereby established on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of: 1. Any sign that would be classified as an "Electronic Sign" as defined under TMC 19.08.055, any sign that would be classified as an "Animated Sign" as defined under TMC 19.08.030, any sign that displays a "Holographic Display" as defined under TMC 19.08.105, and any sign considered a "Scoreboard" under TMC 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 19.12.050, "Exceptions- Permits Not Required," and 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. 2. Any sign that would be classified as a billboard under TMC 18.08.050. Existing billboards may continue to replace their existing copy pursuant to the limitations established under Title 19. 3. Any sign, taller than six feet in height, that would be classified as a "freestanding sign" as defined under TMC 19.08.070. Height shall be determined pursuant to TMC 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 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply with Title 19 of the Tukwila Municipal Code may have face changes and install panels subject to the permit requirements of TMC 19.12.010 and other applicable sign development standards found in Title 19. 4. Any "freeway interchange sign" as permitted under TMC 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 19.12.050, "Exceptions- Permits Not Required." Installation of new sign panels on existing freeway interchange signs or change of copy of the freeway interchange sign shall not be permitted until the moratorium is no longer in effect. Section 4. Repealed. Ordinance No. 2165 dated June 4, 2007, No. 2170 dated July 2, 2007, No. 2180 dated November 19, 2007, and No. 2202 dated May 19, 2008 are hereby repealed. Section 5. Effective Period of Moratorium. The moratorium established by this ordinance shall be effective as set forth in Section 8 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 6. 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. C:\Documents and Settings\All Users \Desktop\Kelly\MSDATA \Ordinances \Sign Code Moratorium.doc Page 2 of 3 ksn 10/1/2008 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. Emergency Declared 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 In 41 day of l( I Q 2008. ATTEST/ AUTHENTICATED: 44 hristy O'Flaherty, CMC, City APPROVE Office BY: )4/f aggere/ ayor Filed with the City Clerk: /oe, Passed by the City Council: /dl(P ©v Published: /0 (Q /oS Effective Date: Jo 10104, Ordinance Number: 0?) C:\Documents and Settings\AII Users \Desktop\Kelly\MSDATA \Ordinances \Sign Code Moratorium.doc Page 3 of 3 ksn 10/1/2008 City of Tuhwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes February 9, 2009 - 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair (filling in for Verna Griffin); Joe Duffie and Kathy Hougady Staff: Jack Pace, Brandon Miles, Ryan Larson, Jim Morrow, Rhonda Berry and Kimberly Matej CALL TO ORDER: Council President Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. ll. BUSINESS AGENDA A. Renewal of Sign Code Moratorium The current moratorium on certain types of signage throughout the City (animated and electronic, free standing taller than six feet, freeway interchange signs and billboards) will expire in April 2009. "..... // Staff is requesting that the moratorium be extended for an additional 180 days ( 6 months) to allow ./f' for completion of the Sign Code update. The moratorium prevents new signs from being installed that may be in conflict with the updated code once it is complete. A public hearing, as required for this issue, is tentatively set for the March 2, 2009, Regular Council meeting. UNA1~IOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. B. Amendment to Interlocal Agreement for Conservation Futures for Duwamish Gardens Staff is seeking full Council approval for an amendment to the Conservation Futures Interlocal Agreement between King County and the City of Tukwila. This amendment will provide for two Conservation Fund Levy allocations for the Duwamish Gardens acquisition project. Once this amendment has been made, the City will be able to receive reimbursement through Conservation funding for the project totaling $700,000 for the 2007 and 2008 funding cycles. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. C. Riverton Flap Gate Removal Project - Consultant Selection Staff is seeking full Council approval to enter into a consultant agreement with Berger/ Abam Engineers, Inc. in the amount of $121,842.00 for the preliminary design of the Riverton Creek Flap Gate Removal Project. The City was previously awarded $72,500 in grant funding from the State of Washington Recreation and Conservation Office and the People for Puget Sound for project feasibility and preliminary design work. The additional money required for this consultant agreement will be funded though the City's 301 Fund. This project will improve fish access to the Creek by removing pipes and flap gates, providing an open water connection to the river and habitat improvements. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:38 p.m. Next meeting: Monday, February 23,2009- 5:00 p.m. - Conference Room #3 ~ Committee Chair Approval mutes by KAM. ReViewed by 8M and RL.