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Home My WebLink AboutCOW 2006-07-10 Item 4A - Ordinance - Amend Sign Code for Changing Message Signs COUNCIL AGENDA SYNOPSIS o f L 3 j Z; frisk ITEM No, Q;�iV m 7 I MeetingDaie 1 Pa Ii, I elfayor''rriry 1 lEvenat7:1;;na 11\ 1 1 4 i 1 07/10/06 BM for 1 t- J` 1 Jk/v 1 1808 1 V 1 I 1 I I 1 1 I ITEM INFORMATION CAS NUMBER: 06-077 IORIGLNAL AGENDA DATE: 7/10/06 I AGENDA ITEM TITLE Sign Code Revisions CATEGORY Discussion Motion Resolution Ordinance Bid Award 12 Public Hearing 0 Other AftgDale 7/10 lltg Dale AltgDats Mfg Dots 8/7/OE MtgDate 3UgDate 8/7/06 I SPONSOR Coun i Mayor Adm Svcs DCD Finance Fire Legal Pail Police Piv I SPONSOR'S The Tukwila School District has requested that the City's sign code be modified to permit SUMMARY changing message displays. The City's sign code currently bans any sign that changes content more than once every 24- hours. The proposed draft ordinance would permit public facilities to have changing message displays that change content no more than once every 10 seconds. REVIEWED BY cow Mtg. CA &P Cmte F &'S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 4/25/06 RECOMMENDATIONS: SPONSOR /ADMEN. Forward to the 8/7 meeting for a Public Hearing and adoption. COMMITTEE CAP referred the matter to the Planning Commission. I COST'_IMPACT /_FUND _SOURCE I EXPENDITURE REQUIRED AMOUNT BUDGET ED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE I RECORD OF COUNCIL ACTION 7/10 1 I I 1 1 I MTG_DATE ATTACHMENTS 1 7/10 I Staff Report 7/10 1 Draft Ordinance 7/10 1 Community Affairs and Parks Minutes from the April 25, 2006 Meeting 7/10 Map of properties eligible for changing message signs. I NOM Planning Cormission minutes not attached due to short turnaround time. 1 1 I o RA, 147\ O Z'; laity of Tukwila Steven AL1. A/Juliet, Mayor F: 1 tor i -I-1 i u D Department of Community Development Steve Lancaster, Director Committee of the Whole 7908 Staff Report FROM: Steve Lancaster, Director Brandon Miles, Assistant Planner RE. Changing Message Signs DATE: June 23, 2006 Issue The City has been approached by the Tukwila School District to amend Title 19 of the Tukwila Municipal Code (TMC) to permit signs which change more frequently than once every 24- hours. The School District proposes to install an electronic message center at Foster High School. Planning Staff briefed Community Affairs and Parks (CAP) on April 25, 2006. CAP referred the matter to the Planning Commission and on May 25, 2006 the Planning Commission conducted a Public Hearing. On June 22, 2006, the Planning Commission closed the Public Hearing and made a recommendation to the Council. Analysis of Existino Code Title 19 of the TMC regulates all types of signage in the City Unless specifically listed as exempted, a sign permit is required for all types of signs that are discemable from adjacent properties and the City's rights of way (TMC 19 12.010). Any permanent signs, either freestanding or wall sign are required to have a sign permit. In all commercial and industrial zones most businesses, if they qualify, can have two signs. The business can choose from two wall signs or a freestanding and wall sign. The City applies different development standards for signs located in residential zones. Under TMC 19.32.080 churches, schools, public facilities, and conditional uses may have one sign for every street they front. No sign may be greater than 50 square feet in size. The sign may either be a wall or freestanding sign. Any use in the City may have an electronic message center as part of the sign. However, under TMC 19.08.030, if the sign changes more frequently than once Brandon -M Page 1 07/03/2006 Q: \Sign\School District\CC \COW STAFF REPORT.doc 6300 Southcenter Boulevard, Suite 11100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206- 431 -3665 every 24- hours, the sign would be considered an animated sign. Animated signs are strictly prohibited in the City (TMC 19.28.010). Tukwila School District has proposed an electronic message sign that would change copy more than once every 24 -hours and thus would not be permitted in the City Discussion Tukwila's land use regulations attempt to minimize impacts within residential zones by restricting certain activities. All schools in the City are located in and are adjacent to Low Density Residential zoned land. Schools provide a sense of community and a gathering place for City residents. Events that occur at schools provide opportunities for Tukwila residents to interact. Placing a changing message sign, such as what the School District is proposing would allow the District to advertise many events that benefit the community The City limits many activities that occur within residential zones. Most commercial operations are excluded, home occupations are permitted but under very specific conditions, and almost all non residential uses that may locate in residential zones require a Conditional Use Permit (CUP). Options Planning Staff presented these options regarding this issue to the Planning Commission at the May 25, 2006 meeting. These options are similar to the ones that were presented to CAP at the meeting on April 25, 2006. 1 No Action. The Planning Commission could choose to take no action, in which case the proposed sign, if erected, would be limited to no more than one message change per day No flashing, blinking, scrolling or other message movement would be allowed. The School District has indicated that they would not construct the sign under these circumstances. 2. Modify the definition of "animated stare'. The definition could be modified to allow changing messages more frequently than once every 24- hours. The Planning Commission could also consider relaxing restrictions on flashing, scrolling or other effects. Any modification to the definition would apply citywide. 3. Exemption for community event announcements. Brandon -M Page 2 07/03/2006 Q:\Sign \School Dislrict\CC\COW STAFF REPORT.doc 3A. Allow any otherwise permitted sign within the City to display changing messages but limit the message to public service announcements. For example, the City of Lacey allows public service signs to have changing message signs. "Public service signs in the form of changing message center signs may be permitted. However, the changing message center signs shall not be used for commercial purposes, such as to advertise a product, service, or use. Messages will be strictly limited to public information regarding activities, events, time, date, temperature, atmospheric condition and news of interest to the general public. Said signs shall be limited to the type, size, shape, and location specked for the zoning district in which said signs are located" 3B. Allow only public facilities to have changing message signs. This would allow the school district to construct a changing message sign. It would also allow for all schools, libraries, and City buildings such as City Hall and the Community Center to have a changing message sign. The term "public facility" is defined in TMC 19.08.175 to mean any facility funded with public funds which provides a service to the general public, including but not limited to a public school, public library, community center, public park, government facility or similar use. Most of public facilities are located within residential zones. Staff has provided an attached map which shows all schools, City facilities, libraries, and utility district offices within the City The City currently exempts changing message signs limited to "time, date and temperature" from the City's animated sign prohibition. The City could extend this exemption to also allow changing messages relating to "community events or announcements" It should be noted that the courts have been increasingly critical of govemment sign regulations that base privileges or restrictions upon the content of the message. 4 Eliminate prohibition of animated signs. The Planning Commission could recommend the prohibition against animated signs for the entire City being removed. Planning Commission Recommendation The Planning Commission chose to pursue option 3B and allow public facilities to be permitted to have changing message signs. Brandon -M Page 3 07/03/2006 Q:1Sign\School DistrictiCC1COW STAFF REPORT.doc Attachment "A" is the proposed ordinance and is in legislative format. New language that will be added is shown underline and deleted language is shown as ctrikothrough. Modify TMC 19.04 020 to add the following purpose clause: 2. The City desires to provide sian options that encourage public agencies to communicate with members of the public. Add language to the definition of animated signs (19 08.030): "Animated sign" means any sign or portion or which physically moves, appears to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or which appears to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portrays movement or animated at a frequency more rapid than once every 24 hours. Signs or portions of signs displaying a changing message content that is strictly limited to time, date, or temperature or those permitted under TMC 19.32.300 shall not be construed to be animated. Scoreboards shall not be considered to animated signs. Add the following section to 19.32 "Regulations Based on Land Use Categories" TMC.19.32.300 "Additional Sion Reaulations for Public Facilities" A. Signs located at public facilities which meet the criteria of TMC 19.32.080 may use the sign as a chanaina messaae sign. provided the following: 1 The image on the sign may not chance more freauently than once every ten seconds. 2. The image must appear and disappear as one image. The image may not appear to flash. undulate. pulse. or portray explosions, fireworks. flashes of light. or blinkina or chasing lights. or aooear to move toward or away from the viewer. to expand or contract. bounce. rotate. spin. twist. scroll. travel or otherwise portray movement. 3. If the public facility is located within a residential zone the use of the electronic portion of the sign is limited to the hours of 7am to 10pm. (Note: Any electronic sign in the City must meet the illumination and brightness levels set in TMC 19.16.035). B. Notice of Understanding 1 Any public facility that installs and operates a chanaina messaae sign must submit a letter to the Department signed by the appropriate manager /administrator that notes understanding of the above requirements Brandon -M Page 4 07/03/2006 Q:\SignlSchool District\CC \COW STAFF REPORT.doc and a assurance that the sign will be used in the appropriate manner as stated in section 19.32.300 (A) (1 -3). C. Order of Removal 1 The Director of Community Development shall order the removal of any sion constructed pursuant to TMC 19.32.300 if the sion is used in such a way to violate the provisions of this chapter. D. The language codified in TMC 19.32.300 shall sunset exactly one year from the effective date of the ordinance. Any public facility. which installs and operates a chanaino message sion must continue to comply with TMC 19.32.300 (A)(1 -3) for the life of the sign and will be considered a non conforming sign and subiect to the limitations in TMC 19.30. The Planning Commission recommended approval of the proposed code language in a 5 -1 vote. Altematives Any of the actions listed under the "Option" section of this Staff Report are available. Next Step Forward the proposed ordinance to the July 17, 2006 regular meeting for a public hearing and possible adoption. Brandon -M Page 5 07/03/2006 Q:1SignlSchool DistrictkCC1COW STAFF REPORT.doc AN ORDLVANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1274, 2019 AND 2096, AS CODIFIED IN TUKWILA MUNICIPAL CODE 111LE 19, °SIGN CODE," TO EXPAND THE PURPOSES OF THE SIGN CODE, AND TO CREATE ADDITIONAL SIGN REGULATIONS FOR PUBLIC FACILITIES; ESTABLISHIfNNG A SUNSET PROVISION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide public agencies sign options to allow them to communicate with members of the public; and WHEREAS, the City Council wishes to regulate certain types of signage located at public facilities; and WHEREAS, the City Council desires to update the Sign Code by addressing signage in certain zones where signs are typically not found; and WHEREAS, the City Council desires to increase public safety and minimize driver distractions; and WHEREAS, on May 25, 2006 and June 22, 2006 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Sign Code; and on June 22, 2006 adopted a motion recommending the proposed changes; and WHEREAS, on August 7, 2006, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Com ission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1274 §1 (part), as codified at TMC 19.04.020, "General Provisions: Purposes," is hereby amended to read as follows: 19.04.020 Purposes The purposes of this code are: 1. To establish standards and guidelines for the design, erection and installation of signs and other visual communication devices so that the streets of Tukwila may appear orderly, and safety may be inae by minimizing clutter and distraction. 2. To provide sign options that encourage public agencies to communicate with members of the public. Cl Uzvmaus arwl&ni.g1N113 1B_,k- 'v71Kay1`LSDATMOd,r=- °.F. Codadcc sstb, 7n/2006 Page 1 of 3 3. To establish administrative procedures for the implementation of this code. 4. To assure that the regulations of this code are not intended to permit any violation of the provisions of any other applicable federal, State or local regulation. Section 2. Ordinance Nos. 1274, 2019 §1, and 2096 §1 (part), as codified at TMC 19.08.030, "Definitions: Animated Sign," are hereby amended to read as follows: "Animated sign" means any sign or portion of which physically moves, appears to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or which appears to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portrays movement or animation at a frequency more rapid than once every 24 hours. Signs or portions of signs displaying a changing message content that is strictly limited to time, date or temperature, or those permitted under TMC 19.32.300, shall not be construed to be animated. Scoreboards shall not be considered animated signs. Section 3. TMC Chapter 19.32, °Regulaflons Based on Land Use Categories," is hereby amended to include additional sign regulations for public facilities, as follows: 19.32.300 Electronic Message Boards A. Signs Located at public facilities that meet the criteria of TMC 19.32.300 may use the sign as a changing message sign, provided that the following criteria is also met: 1. The image on the sign may not change more frequently than once even ten seconds. 2. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or appear to move toward or away from the viewer, to expand or contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. 3. If the public facility is located within a residential zone, the use of the electronic portion of the sign is limited to the hours of 7rm to 10Pm. B. Notice of understanding: Any public facility that installs and operates a changing message sign must submit a letter to the Director of the Department of Community Development, signed by the appropriate manager /administrator, which notes understanding of the above requirements and an assurance that the sign will be used in the appropriate manner as stated in TMC 19.32.300(A)(1 -3). C. Order of Removal: The Director of Community Development shall order the removal of any sign constructed pursuant to TMC 19.32.300 if the sign is used in such a way that violates the provisions of this chapter. D The language codified in TMC 19.32.300 shall sunset exactly one year from the effective date of the ordinance that adopted the code language. Any public facility that installs and operates a changing message sign must continue to comply with TMC 19.32.300(A)(1 -3) for the life of the sign, and will be considered a non conforming sign and subject to the limitations in TMC 19.30. O\Dccvm�� and Setengs\w Usaslr a =1Sg, Coded« BMiam 7n/2DX, Page 2 of 3 Section 4. Severabflity 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 5. 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 2006. ATTEST /AUTHENTICAIEU: 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: Attachments: C\Dccua aiG as setmigslAll Gr\Desictopi tfL' EDATMadianza\So Cod=_doc BMflm7n/2CC6 Page of Community Affairs and Parks Connittee Page 2. April 25, 2006 4. Foster High School Sign Pronosal. Scott Erdahl, Athletic Director for the Tukwila School District, presented the school district's proposal to replace the existing reader board in front of Foster High School with an electronic message center sign that would likely have display capabilities that exceed the allowances of the Tukwila sign code. A new electronic reader board would allow the District to display multiple messages about school and community activities. The District is receptive to limiting operating times of the LED board to certain hours of the day and limiting animation and flashing background displays. vfr. Lancaster confirmed that the TMC 19.28.010(3) sign code prohibits "animated signs" and the proposed Foster High School sign would be considered an "animated sign" if operated in a manner that causes the electronic message to flash, blink, scroll or othenvise portray movement, or if any message other than time/date/temperature changes more than once every 24 hours. However, if the committee is interested in considering the School District's request, staff recommends the issue be referred to the Planning Commission for review and recommendation. The Committee members discussed various concerns about the sign impacting adjacent residences, vehicle and pedestrian traffic, and what kind of a precedent it would set for other schools and businesses who may want to be allowed to have electronic signs. Mr. Lancaster presented several alternatives for the committee to consider. One of the options could be to recommend an exemption for community event announcements. This exemption could be applied to all signs or could be limited to specific land uses such as public schools and public recreation facilities. Other options could include modifying the definition of an "animated sign" or exempting electronic message centers, but continue to prohibit flashing, streaming, video quality display signs. After considerable discussion of the various options, the majority of the committee members recommended the issue be fonvarded to the Planning Commission for their review and recommendation. The Planning Commission will conduct a public hearing and forward their recommendation to the City Council. Jmh Committee Chair Approval Minutes Prepared by Joan Hernandez 5�a9� S k.� Gr94 �ci\r9 `e �4t a .c< OA a 0 k 14 y---„, \c ist it 1/4..._ e, sa 702. 1- I A S IC V C-Vitali b riett•takt f t --■4* le o 4 f S 1�1 t i C" -0 0 410 an A ---4 w atintici 4.. AL\ ri r N. i ut a l 4 r Oct it Au 4 's i i_ ff yy re_ l J i 1 3 s a 5 S L 4 0