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HomeMy WebLinkAboutReg 2008-05-19 Item 6B - Ordinance - Moratorium on Signage COUNCIL AGENDA SYNOPSIS Initials ITEm NO. X1 4 0 J Meeting Date Prepared b )J,� Mayor's review I Council muiew 1 +U/ s 05/12/08 1 BM ��.A Ai-- 1 1 05/19/08 1 BM KA ,4 1908 I iL i b ITEM INFORMATION CAS NUMBER: 08-053 I ORIGTAL AGENDA DALE: May 12, 2008 AGENDA 'TENT TITLE An ordinance renewing a moratorium on certain types of signage. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other IVItg Date 05/12/08 1LItg Date rbltg Date tlttg Date 05/19/08 Mg Date Md Date 05/12/08 _kftg Date SPONSOR Council (l Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S On June 4, 2007 the City Council adopted Ordinance 2165 which established a 180 -day SUMMARY moratorium on the installation of animated and electronic signs within the City. The moratorium was renewed by Ordinance 2180, passed 11/19/07 (with an effective date of 11/26/07). The current moratorium will expire on May 26, 2008 and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180 -days. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 1 1 Parks Comm. Planning Comm. DATE: 04/28/08 RECOMMENDATIONS: SPONSOR /ADMAN. Review and Approval COMMITTEE Unanimous Approval; Forward to the Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 06/04/07 Council adopted Ordinance 2165 establishing a moratorium on certain types of signs 11/19/07 Council adopted Ordinance 2180, renewing the moratorium for 180 days 05/12/08 Forward to Regular Meeting, with additional WHEREAS clause referencing 5/12/08 Public Hearing MTG. DATE ATTACHMENTS 05/12/08 Informational memorandum dated 05/07/08 Ordinance in draft form Ordinance #2180, adopted 11/19/07, renewing the moratorium Minutes from the Community Affairs Parks Committee Meeting of 4/28/08 05/19/08 Ordinance in final form N W C J s 4 G p i 2p �x r 6 s_ City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING FOR AN ADDITIONAL SIX -MONTH PERIOD A MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILl'1'Y; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage within the City of Tukwila; and WHEREAS, on June 4, 2007, the City Council passed Ordinance 2165, which established a six-month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City; and WHEREAS, on July 2, 2007, the City Council passed Ordinance 2170, adopting findings of fact to justify the moratorium established by Ordinance 2165; and WHEREAS, as part of the City's 2007 budget process the Department of Community Development identified the need to update Title 19, and $45,000 was earmarked for that purpose; and WHEREAS, as part of the update to Title 19, the City intends to study and amend its current regulations of electronic signs, animated signs, holographic displays and scoreboards, and study the traffic and safety concerns that may result from these types of signs; and WHEREAS, at a joint meeting held on October 25, 2007, the City Council and Planning Commission were updated by City staff regarding various sign code issues, and the Council concluded that additional time would be needed to complete the steps necessary for updating the City's sign code; and WHEREAS, on November 19, 2007, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the continuation of the moratorium on the filing of permits related to animated, electronic, and holographic signs, and adopted Ordinance No. 2180, renewing the moratorium for an additional six- month period; and WHEREAS, on February 4, 2008, the City Council adopted Resolution 1656, calling for the creation of a Sign Code Advisory Committee to assist the City in the sign code update process; and WHEREAS, the Advisory Committee members have been selected by the Mayor, and the first meeting of the Committee is scheduled for May 2008; and WHEREAS, the City has received and will continue to receive applications for signs that may conflict with the City's update to Title 19 and may pose a potential threat to public safety; and WHEREAS, the City desires to limit the number of signs that may be rendered nonconforming by an update to Title 19, thereby avoiding the need for a staged C:1Documents and Settings \All UsersIDesf, op`•Kelly\MSDATA;OrdinancesSian Moratorium Renewal.doc BM:ksn 5114/ 2008 Page 1 of 2 amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners and the City; and WHEREAS, on May 12, 2008, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the continuation of the moratorium on the filing of permits related to animated, electronic, and holographic signs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above and those adopted by Ordinance 2170 are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Moratorium Renewed. As established by Ordinance 2165, the moratorium is hereby renewed on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of any sign which would be classified as an "Electronic Sign" as defined under TMC 19.08.055; any sign which would be classified as an "Animated Sign" as defined under TMC 19.08.030; any sign which 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. Section 3. Term of Moratorium. The moratorium established by Ordinance 2165 and renewed herein shall take effect as set forth in Section 6 below, and shall continue in effect for six months thereafter unless repealed, modified or renewed by the City Council after a public hearing and entry of findings of fact. Section 4. Work Plan. The City is pursuing the preparation of the updated Tukwila Sign Code, using the additional time to receive input from the new Sign Code Advisory Committee, and to address and analyze various issues regarding signage. Section 5. 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 6. 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 five 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 2008. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C:lDocuments and SettineslAll Users\ DesktoplKetl yWISDATA \Ordinances\Sin Moratorium Renewal.doc sM:ksn 5/14/2 2008 Page 2 of 2