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HomeMy WebLinkAboutReg 2007-11-19 Item 5A - Public Hearing - Ordinance Renewing Moratorium on Signage COUNCIL AGENDA SYNOPSIS _uu____________________________ Initials --------------------------------- ITE.kI No. lvleetill Date 11/19/07 5.0. C:}.- 10. A.. ITEM INFORMATION CAS NUMBER: 07-131 I ORIGINAL AGENDA DATE: 11/19/07 AGENDA lTE1"\I nTLE An ordinance renewing a moratorium on certain types of signage. CATEGORY rgJ Disctlssion D Motion D Resolution rgJ Ordinance D Bid Award rgJ Public Hearing D Other IHtg Date 11/19/07 IHtg Date lvItg Date IHtg Date 11/19/07 lvItg Date IHtg Date 11/19/07 iHtg Date SPONSOR D Council D i\t1qyor DAdmSvcs rgJDCD D Finance D Fire D Legal D P&R D Police DpW SPONSOR'S On June 4, 2007 the City Council adopted Ordinance 2165 which established a 180 day SlThIMARY moratorium on the installation of animated and electronic signs within the City. The moratorium will expire at the end of November and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180 days. REVIEWED BY D COW Mtg. rgJ CA&P Cmte D F&S Cmte D Transportation C;:mte D Utilities Cmte DArts Comm. D Parks Comm. D Planning Corom. DATE: 10/23/07 RECOMMENDATIONS: SPONSOR/ ADNIIN. Review and Approval COMMITTEE Unanimous Approval; Forward to Regular Council COST IMPACT I FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: NjA MTG.DATE RECORD OF COUNCIL ACTION 11/19/07 MTG.DATE ATTACHMENTS 11/19/07 Informational Memo dated 11/07/07 Ordinance #2165 establishing moratorium & Ord. 2170 adopting findings Ordinance in Final Form Minutes from the Community Affairs & Parks Committee Meeting of 10/23/07 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: Mayor Regular Council Jack Pace, Direct~ Brandon Miles, se~r Planner Renewal of moratorium on certain types of signage FROM: RE: DATE: November 7, 2007 Issue Renewal of a six-month moratorium on the acceptance of sign permit applications for the installation of animated and electronic signs. Background On June 4,2007 the City Council adopted Ordinance 2165 which established a l80-day moratorium on the installation of animated and electronic signs within the City. The moratorium will expire at the end of November and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180- days. The City is in the process of updating the City's sign code. As part ofthe update, the regulations for animated and electronic signs will be evaluated. Planning staff has briefed Council on the proposed update and a joint meeting of the City Council and Planning Commission was held on October 25,2007. The matter was presented to Community Affairs and Parks (CAP) Committee on October 23, 2007. There was general consensus from CAP to allow the ordinance renewing the moratorium to go directly to a Regular Meeting for possible adoption. Next Step A public hearing is scheduled for this evening's meeting. Staff recommends that the public hearing be conducted and the ordinance, renewing the moratorium, be adopted as presented by staff. 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 City of Tukwila Washington Ordinance No. ~~) letS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; ESTABLISHING A SIX-MONTH MORATORIUM ON THE FILING OF SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF ELECTRONIC SIGNAGE WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; A1"'\TJJ ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code regulates signage within the City of Tukwila; and WHEREAS, as part of the City's 2007 budget process the Deparhnent 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 will study and amend its current regulations of electronic signs, animated signs, holographic displays and scoreboards, and study the traffic and safety concerns that these types of signs may have; 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 amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners and the City; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A63.220 and RCW 36.70A.390, the City may adopt a moratorium for a period of up to six months, providing it holds a public hearing on that moratorium within 60 days after its adoption; and WHEREAS, RCW 35A.12.130 authorizes an ordinance to take effect immediately if a majority plus one of the Council deem the ordinance necessary for the protection of public health, public safety, public property or the public peace; and WHEREAS, without an immediate effective date, applications for sign permits could continue to be received by the City, which could establish vested rights that are inconsistent with the City's update to Title 19 and present legal challenges to the City's sign regulations; 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. C:\Documcnts and SettingsWI UsersIDesk-top\.lCellyTh1SDATA\Ordinances\Sign Moratorjum .doc BM:ksn 5i3112007 Page 1 of2 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 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 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. 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 COUNC~ THE CITY O~ Tl;JKWILA, WASHINGTON, at a Regular Meeting thereof this ~ 1 day of ~JZ J , 2007. &I ATTEST/ AUTHENTICATED: e>\ J ~c, fV\ fV)\.&Ck,~ ~ ~ &L---v~ Steven M. Mullet, Mayor JarJ E. Cantu, C C, City Clerk Filed with the City Clerk: S- :3 / - c 7 Passed by the City Council: t? - 04 - u'i Published: b - 0 7 - () '7 Effective Date: ,b -0 Lj-- oj Ordinance Number: c.2 / (p .s- C:\Documents and SettingsWI Users\Desktop\Kelly\I'JSDATA\Ordinances\Sign Moratorium .doc BM:ksn 5/3 112007 Page 2 of2 ~ .#0~:::~~..~~" ~)~"""'~1 ~~i~,,\r:GJ !-;} \'~:...._..".!.~....~OI City of Tukwila Washington Ordinance No. d.- \ fl D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE FILING OF PERMITS FOR ANIMATED, ELECTRONIC, AND HOLOGRAPHIC SIGNS, ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2165; PROVIDING FOR SEVERABLITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 4, 2007, the Tukwila City Council passed Ordinance No. 2165, which declared an emergency necessitating the immediate imposition of a moratorium on the filing of sign, development, and electrical permits for signs that are electronic, animated, holographic, and/or are a scoreboard by the City's Sign Code; and WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390 the City is required to hold a public hearing within 60 days of adoption of a moratorium and adopt Findings of Fact; and WHEREAS, the City Council conducted a public hearing regarding the moratorium on July 2, 2007; and WHEREAS, Title 19 ("Sign Code") of the Tukwila Municipal Code regulates signage within the City of Tukwila; and WHEREAS, as part of the City's 2007 budget process the Department of Community Development (DCD) identified the need to update the Sign Code, and $45,000 was earmarked for that purpose; and WHEREAS, as part of the update to the Sign Code, the City will study and amend its CUT- rent regulations of electronic signs, animated signs, holographic displays, and scoreboards, and study the traffic and safety concerns that these types of signs may have; and WHEREAS, the City has and will continue to receive applications for signs that may conflict with the City's update to the Sign Code 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 the update to the Sign Code, thereby avoiding the need for a staged amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners, and the City; and WHEREAS, pursuant to RCW 35A.63.220, the City adopted Ordinance No. 2165 establishing a six-month moratorium to allow the City adequate time for studying this issue, and adopting a revised Sign Code that would regulate electronic, animated, and holographic signs; and WHEREAS, DCD staff has presented a staff report to the City Council that outlines a tenta- tive schedule for updating the Sign Code; and WHEREAS, the City Council has considered the foregoing facts, materials, and testimony; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWlLA, WASHINGTON, DO ORDAIN AS FOLLOWS; Section 1. Adoption of Findings of Fact. The "Whereas" clauses presented above shall constitute Findings of Fact to justify the moratorium adopted by Ordinance No. 2165. Section 2. 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 uncon- stitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shali not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the CiVI, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CuY CQUNCIL OF THE CITYLOF TUKWlLA, WASHINGTON, at a Regular Meeting thereof this d0d:' day of , J 1..1,~ ' 2007. A~TTT/AUTHENTICATED: %'" vV',\'\.J".,~-\-- f1rm rJ T~, )) ~lA-JJ Steven M. Mullet, Mayor VV I Jane E. C , CMC, City Clerk Filed with the City Clerk: ~ - ~ IJ -0 '7 APPROVED BY: Passed by the City Council: ' - -() 17 Published: ~-~~~1 Effective Date: - 0 ' ! Ordinance Number: ~ \ if f) 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 TUKWILAj PROVIDING FOR SEVERABILITYj AND ESTABUSHING 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 Cityj 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 Co=unity 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 will 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 believes that additional time is needed to complete the steps necessary for updating the City's sign code; 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 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 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; 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 Fmdings of Fact, as if fully set forth herein. Macintosh HD:Users:sfacia:Des.ktop:Sign Moraloriurn Renev."aJ.doc BM:ksn 11/1512007 Page 1 of2 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 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 offidal 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 , 2007. ATTEST/AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Office of the City Attorney FIled with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPROVED AS TO FORM BY: Macintosh HD:Users:stacia:Desktop:Sig.n Moratorium Rene\'r'al.doc BM:ksn 1111512007 Page 2 of2 City of Tukwila Community Affairs & Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes October 23,2007- 5:00 p.rn; PRESENT Councihnembers: Staff: Pam Linder, Chair; Pam Carter and Dennis Robertson Rhonda Berry, Kevin Fuhrer, Jack Pace, Sandra Whiting, Bruce Fletcher, Rick Still, Curt Chandler, Stephanie Gardner, Jim Morrow, Ryan Larson, and Gail Labanara CALL TO ORDER: Committee Chair Linder called the meeting to order at 5:03p.m. I. PRESENTATIONS No presentations. n. BUSINESS AGENDA: Item B was discussed first as Pam Carter arrived late. A. Duwamish Gardens Acquisitions - Property Purchase Ryan Larson reviewed the history and location of this site. Last week, we were informed that the potential sale by another buyer had fallen through and that King County was ready to negotiate. King County requested that the purchase and sale agreement be forwarded to CAP and Council as soon as possible. Due to the negotiations, staff is not able to list the appraised value but would like authorization to submit an offer up to 10% over the appraised value. Ryan also reported that there appears to be enough grant funding for acquisition and construction and distributed a new CIP page to update the 2008 Proposed ClP. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 5 REGULAR MEETING. B. Renewal of Moratorium on Certain Types of Sign age Jack Pace stated that the current moratorium on animated and electronic signs would expire at the end % of November. Staff is asking that the moratorium be continued for an additional 180 days. Due to the cancellation of the Nov. 13 COW, they are also requesting that the item be forwarded to Nov. 19. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 19 REGULAR MEETING. C. Tukwila Pond Water Quality Feasibility Studv and Design Update Rick Still gave a brief overview of the landscape design and then Sandra Whiting presented the concepts for the proposed water quality improvements. The first item includes hydroponic islands, which are floating islands with wetland vegetation that look natural and would provide shade and phosphorous removal. The second item was laying aeration lines at the bottom of the pond for pumping air and injecting alum flocculate to remove.the phosphorous, which feeds the algae. Sandra. did state that if we dredge the pond, there is a strong possibility that we risk permanently draining the pond. The third item is planting emergent reeds in the southwest comer of the pond. The final option includes bringing clean water by diluting and flushing with clean tap water or river water. Pam C. asked about using reclaimed water or a water feature that could aerate and improve oxygen levels. TetraTech, the consultant, will give a presentation to Council by year-end. INFORMATION ONLY.