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Home My WebLink AboutReg 2007-07-02 Item 6A - Ordinance - Moratorium on Signage COUNCIL AGENDA SYNOPSIS Initials ITEM NO. 1, E S 1 iVIeetin Date 1 Prepares Mayor's review Council review 1 tas Fat 1 06/04/07 I BM 1 Sivw I 07/02/07 I BM 1 iW �r1. 1 �i' 7908 I I I I 1 1 I I 1 I ITEM INFORMATION CAS NUMBER: 07-075 I ORIGE JAL AGENDA DATE: JUNE 4, 2007 AGENDAITEMTITLE Moratorium on certain types of signage. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Il/tg Date ilitg Date Ilitg Date Mtg Date 07/02/07 Mtg Date Ibltg Date 07/02/07 Mfg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fite Legal P&R Police PW 1 SPONSOR'S Adoption of a moratorium on the placement of animated, electronic, and holographic signs SUMMARY within the City. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'L'E: No committee assignment due to emergency RECOMMENDATIONS: SPONSOR /ADMN. Adopt moratorium as presented CotianTrEE N/A COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE IED APPROPRIATION REQUIRED $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 06/04/07 Emergency moratorium adopted; Public Hearing forthcoming MTG. DATE ATTACHMENTS 06/04/07 Informational Memorandum dated May 29, 2007 Ordinance in final form 07/02/07 Informational Memorandum dated June 26, 2007 Ordinance in final form 1 I 7 Iw_ s O;' Z Steven Mull fr even M Mullet, Mayor cn Y1 Department of Community Development Steve Lancaster, Director 1908 ss TO: Mayor City Council FROM: Jack Pace, Acting Director Brandon Miles, Assistant Pl er RE: Moratorium on certain types of signage DATE: June 26, 2007 Background On June 4, 2007, the City Council adopted Ordinance number 2165 which declared an emergency and established a six -month moratorium on the installation of certain signs within the City. The purpose of the moratorium was to prevent the installation of electronic and animated signs within the City that might be contrary to the City's new sign code'. By preventing these signs from being installed, the City would limit the number of signs that might become "non- conforming" under the new sign code. State law requires a public hearing be held within 60 -days of the adoption of an emergency moratorium. The attached ordinance provides findings of fact for the moratorium that was adopted on June 4, 2007. Planning Staff anticipates starting the sign code update in the 3 quarter of 2007, with public hearings taking place in the 4th quarter of 2007. Once the new sign code is adopted, the moratorium will be repealed. Staff Recommendation Conduct the public hearing and adopt the ordinance in support of the City's existing moratorium. The City Council allocated $45,000 in the 2007 budge for DCD to update the City's Sign Code. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 C ity of Tuk Washington Ordinance No. 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 cur- 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 TUKWILA, 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 shall 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 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 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: