HomeMy WebLinkAboutReg 2008-11-03 Item 5 - Public Hearing - Ordinance Establishing Moratorium on Signage CO UNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 08-117 I ORIGINAL AGENDA DATE: OCTOBER 6, 2008
AGENDA ITEM TITEB Moratorium on certain types of signage.
CA rEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 10/06/08 Mtg Date Mtg Date Mtg Date 10/06/08 Mtg Date Mtg Date 11/03/08 Mtg Date
(SPONSOR Council 11fayor Adnr Svcs DCD Finance Fire Legal P &R Police PTV
SPONSOR'S Public Hearing for the moratorium on the placement of animated, electronic, and
SUMMARY holographic signs; billboards; freestanding signs taller than six feet in height; and freeway
interchange signs.
Ordinance 2208 established the moratorium on October 6, 2008; a public hearing is
required within 60 days after its adoption.
REV LEAVED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: No committee assignment due to emergency
RECOMMENDATIONS:
SPONSOR /ADMLN. Hold Public Hearing on moratorium that was adopted on 10/06/2008.
CO1DEITEE N/A
CO ST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A
Fund Source: N/A
Comments: N/A
I MTG DATE RECORD OF COUNCIL ACTION
10/06/08 1 Emergency moratorium adopted; Public Hearing forthcoming
11/03/08
I I
MTG. DATE_ ATTACHMENTS
10/06/08 Informational Memorandum dated September 30, 2008
Ordinance in final form
11/03/08 Informational Memorandum dated October 24, 2008
1 Ordinance 2208, that established the emergency moratorium
1
O' City of u l Jim Haggerton, Mayor
fy: Department of Community Development Jack Pace, Director
/908
TO: Mayor
City Council
FROM: Jack Pace, Director
RE: Sign Code Update
Sign Code Moratorium
DATE: October 28, 2008
Issue
On October 6, 2008 the City Council adopted an emergency six month moratorium on the
acceptance of land use and building permit applications for the installation of certain
signs within the City.
The following signs were included in the moratorium:
1. Animated, Electronic, and Holographic Signs;
2. Freeway Interchange Signs;
3. Freestanding Signs taller than six feet in height; and
4. Billboards
Under Washington State law the City must conduct a public hearing within 60 -days of
adoption of an emergency moratorium. At tonight's Council meeting a public hearing
will be conducted and the City Council will be asked to reaffirm the City's previous
ordinance, which enacted the moratorium.
Background
Update on Sign Code Advisory Committee
The City has been working extensively in 2008 to update its current sign code. As the
Council is aware, the current sign code was adopted in 1982. A further review of the
legislative history revealed that the current sign code is much older and was simply
readopted in 1982.
Staff conducted a joint meeting of the City Council and Planning Commission on
October 25, 2007 to discuss issues and concerns with the existing sign code. On
February 4, 2008 the City Council adopted Resolution 1656 which created a Sign Code
B. Miles Page 1 10/29/2008
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6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206- 431 -3665
Advisory Committee. The purpose of the Sign Code Advisory Committee was to provide
a forum for interested parties and citizens to discuss their concerns with the City's
existing sign code and what measures the City should consider under a new sign code.
Sign Code Advisory Committee Membership:
Pam Linder (Chair) Councilmember
Verna Griffin (Vice- Chair) Councilmember
Allan Ekberg Planning Commission Member
Thomas McLeod Resident
Betty Gully Resident
Ricardo Frazer Resident
Andrew Ciarrocchi Business Rep, Westfield Southcenter
Mike Hansen Business Rep, Sabey Corporation
From July through October, the Sign Code Advisory Committee conducted six meetings
and discussed a wide range of issues including freestanding signs, building mounted
signs, billboards, freeway interchange signs, and dynamic (animated) signs. All meetings
were open to the public and the City utilized a website to keep citizens and businesses
informed of the Committee's work and upcoming meetings. Individuals with knowledge
in specific areas related to sign regulations such as billboards and dynamic signs were
invited by staff to participate in the Committee's meetings.
The Committee has provided recommendations that if enacted as part of the new sign
code may render certain signs that are permitted under the current sign code as mil-
1 conforming. The moratorium adopted on October 6, 2008 addresses the possibility that
certain types of signage may not be permitted under the new code.
Next Stens and Public Participation
The Sign Code Advisory Committee was very productive in providing a vision for the
City regarding signage. The Committee expressed a desire to no longer permit pole signs
within the city; that billboards should not be allowed in most zones; that freeway
interchange signs are no longer appropriate in the city; and that the City's regulations
regarding dynamic signs need to be updated.
Early next year, Planning staff will conduct a joint meeting of the City Council and the
Planning Commission to review the work of the Sign Code Advisory Committee. Staff
hopes to get further input from the City Council and the Planning Commission on some
major issues before starting the task of completing a draft sign code.
Planning staff has been working extensively with the public and businesses on the update
process. Earlier this year, Planning Staff conducted a briefing for the Highway 99 Action
Committee to discuss sign concerns along Tukwila International Blvd. Public
participation and public outreach will continue throughout the sign code update process.
B. Miles Page 2 10/29/2008
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Planning staff plans to use the Business Journal and other publications to further
encourage public participation in the update.
Remaining public involvement events include:
1. Briefing of the Chamber of Commerce, tentatively scheduled for January of 2009;
2. Briefing of the Highway 99 Action Committee; and
3. Two public open houses scheduled for winter /spring of 2009.
Once the public involvement portion of the Sign Code update is complete, Planning Staff
will begin drafting the new sign code. Planning Staff is anticipating having the new sign
code reviewed by the Planning Commission in spring of 2009 and then forwarded to the
City Council by July for possible adoption in August. Both the Planning Commission
and the City Council will conduct their own public hearings on the proposed changes.
Discussion
The moratorium is needed to allow the City adequate time to complete the update and
public participation process. Without a moratorium signs that may not be permitted
under the new code could still be installed. The moratorium prevents property owners
and businesses from investing in signs that may become non conforming after the new
sign code is adopted.
Conclusion
Staff recommends that the public hearing be conducted. No action is needed by the City
Council if they choose not to make changes to the moratorium that was adopted on
October 6, 2008.
B. Miles Page 3 10/29/2008
E: \Sign Code Update\Mort\Memo, 2008.10.22.doc
so
ryas,"
City of Tukwia
Washington
Ordinance No. Aa0e7
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;
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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.
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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 O�F TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of U/t' t (-VI .2008.
ATTEST/ AUTHENTICATED: 1
9 i k „gerr& b-01 1 r.t l aggertjsvrSayor
t r Christy O'Flaherty, CMC, City Clerk 3
`7�° Filed with the City Clerk: /0e,
v APPROVE FO BY: Passed by the City Council: N/0/0e)
Published: it; (q /oP
0 Effective Date: inIinI o?
(Office of-the Ciy Ordinance Number: o
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