HomeMy WebLinkAboutReg 2003-03-17 Item 8E - Ordinance - Moratorium on SignageITEM INFORMATION
CAS Number: 03-035 S I Original Agenda Date 3/17/03
Agenda Item Title: Moratorium on Electronic Signs
Original Sponsor: Council X Admin.
Timeline: Immediate action
Sponsor's Summary: Establish a moratorium on applications for electronic signs while Tukwila adopts updated
sign code regulations.
Recommendations:
Sponsor:
Committee: Approve moratorium
Administration:
Cost Impact (if known): None
Fund Source (if known):
Meetine Date
3/17/03
Meeting Date
3/17/03
COUNCIL AGENDA SYNOPSIS
Initials
I Meeting Date 1 Prepare/1'M 1 Mavor review 1 Council review
I 3/17/03 I SISe20 I £tW'7 I ...ii G-
I I 1 I
I I I I
I I I I
RECORD OF COUNCIL ACTION
Action
Staff Memo to Council dated 3/12/03
Draft Moratorium Ordinance
3/10/03 CAP Minutes
APPENDICES
Attachments
ITEM NO.
gt e
TO: Mayor Mullet
City Council
FROM: Steve Lancaster, DCD Director
RE: Proposed Electronic Sign Moratorium
DATE: March 12, 2003
BACKGROUND
Staff raised the issue of amending the sign code to address new electronic sign technology at the
March 10 CAP Committee meeting. Members thought that this was a pressing issue, given the
types of signs that are being installed along Interurban Avenue and the inherent traffic safety
issues with moving text and images. They directed Staff to explore the possibility of a
moratorium and present the draft to the Finance and Safety Committee on March 17
PROPOSED CODE CHANGES
City of Tukwila
MEMORANDUM
Department of Community Development Steve Lancaster, Director
lA V
The current definition of animated sign does not reflect current technology such as LED and
video screens that allow signs to appear like televisions with unlimited content and movement.
In the future we may also see requests for holographic projection signs that appear to create a
three dimensional image.
Steven M. Mullet, Mayor
We should make a policy decision about whether we want to restrict signage to static images and
set text or if blinking, flashing, moving images and text are acceptable in Tukwila. We can try to
craft an approach that allows the electronic text message board type sign without the "television"
appearance, though since these signs are programmable it would be an ongoing enforcement
issue.
Options:
a) Allow text only electronic "readerboard" signs that scroll and change message,
perhaps limited to a certain percentage of total sign area
b) Allow holographic or "television" type signs with unlimited content and
movement, perhaps limited to certain zones
c) Update the code language to reflect current technology while retaining existing
content restrictions and ban on movement and flashing
QACODEAMNDT &SMoratorium.DOC Page 1
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 -431 -3665
d) Prohibit all signs with electronic copy. Only allow manually changeable copy
such as on a traditional marquee or gas station sign
e) Other changes
PROPOSED MORATORIUM
In order to prevent the proliferation of electronic signs while we are developing a policy direction
and code changes on the issue the CAP directed Staff to develop moratorium language. Attached
is a draft moratorium ordinance for your review that has been reviewed by the Finance and Safety
Committee. Should the Council establish the moratorium it would take effect immediately and a
public hearing would be required on the issue within 60 days.
REOUESTED ACTION
Pass the moratorium ordinance as is or with revisions.
Q: \CODEAMNDW&SMoratorium.DOC Page 2
0
MIT
AN ORDINANCE OF THE QTY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A SIX MONTH MORATORIUM ON
ELECTRONIC SIGNS; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY.
WHEREAS, Tukwila's existing sign code regulations do not reflect current
industry technology regarding electronic signage; and
WHEREAS, Tukwila has received applications for signs that use electronic
technology such as LED and video display; and
WHEREAS, a potential of distraction to drivers exists through electronic signs
containing rapidly- changing images and text, based on the Federal Highway
Administration report "Research Review of Potential Safety Effects of Electronic
Billboards on Driver Attention and Distraction"; and
WHEREAS, one of the purposes of Tukwila's Sign Code is to increase safety and
minimize driver distractions; and
WHEREAS, Tukwila is currently considering policy issues related to regulation of
electronic signs; and
WHEREAS, Tukwila wishes to prevent a proliferation of electronic signs prior to
adoption of updated regulations;
NOW, THEREFORE, THE QTY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The above "Whereas" clauses are hereby adopted as
the City Council's findings of fact as if fully set forth herein. Furthermore, the City
Council hereby declares an emergency necessary for the protection of public health and
safety.
Section 2. Moratorium Established. A moratorium is hereby established upon
the acceptance of sign permits for all types of electronic signs capable of displaying
changeable text or images. No sign permit or other approval shall be granted for such
signs during the effective period of this moratorium, provided that this moratorium
shall not affect vested rights, if any, applicable to any such fully completed applications
submitted prior to the effective date of the moratorium.
Section 3. Effective Period of Moratorium. The moratorium established by this
ordinance shall become effective as set forth in section 5 below, and shall continue in
effect for six months thereafter unless repealed, renewed or modified by the City
Council after a subsequent public hearing and entry of findings of fact.
Section 4. 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
Electronic signs
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, as a public emergency ordinance
necessary for the protection of public health and safety, shall take effect and be in full
force immediately upon adoption.
Section 6. Public Hearing to be Held. A public hearing on the issue of the
moratorium shall be held no later than sixty (60) days after the date of adoption herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
2003.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Electronic signs
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Steven M. Mullet, Mayor
Community and Parks Committee
March 10, 2003
Present: Joan Hernandez, Chair; Joe Duffle, Pam Linder
Rhonda Berry, Bruce Fletcher, Nora Gierloff, Steve Lancaster, Lucy Lauterbach;
Dennis Robertson
1. Freedman. Tung and Bottomlev Design Review Contract A contract similar to this one
was at the committee's last meeting. The Freedman, Tung and Bottomley firm will most likely
be awarded the contract to study the Tukwila Urban Center and Transit Oriented Development.
This contract at committee this week is a separate contract in the amount of 349,405 that would
include design review of the Westfield Mall at Southcenter and Penney's Warehouse
developments. Steve said adding these major projects will give the City the best chance of
coordinating the total development of the TUC. It will create some efficiencies to work on both
of these contracts, as they can talk to the Mall and Penney's site developers at the same time
they're up here talking to other land owners. It is a time and materials contract. Funding will
come from DCD's 2003 professional services budget. The TUC/TOD study is being funded by
a grant.
One of the things that will be studied is the best use of land in particular areas of the CBD.
Transportation will be a part of decisions about uses. Steve talked about possible restrictions on
the large -scale plans at the Mall and Penney's. The largest problem may be the wetlands that are
on a part of the Penney's 19 -acre site. Circulations through the TUC will be part of the study.
Joan asked how the Mall and Penney's could affect the TUC redevelopment plans. Steve pointed
to several corners of the Mall site, saying what was developed at the Mall could affect the
intersections and adjoining spaces. The committee also asked if Michael Freedman will have
enough time for both contracts. Steve thought he would, especially by working on the two
contracts together. Recommend contract to Regular Meeting for discussion and adoption.
2. Proposed Comprehensive Plan Amendments Nora and Steve led the committee through
the five draft amendments being proposed. The first was to increase the allowed height for public
facilities in Low Density Residential (LDR) zones. Nora said public buildings from the
community center to Thorndyke school have had problems meeting the current 30' height limit.
Staff proposed allowing taller buildings if the public building had larger setbacks from their
property lines. The current issue is that Starfire wants the grandstand at Fort Dent with a roof
covering, to be larger than 30'. Thus far buildings that need to be higher have gone through the
variance procedure, but that decision is made by the hearing examiner, and is generally not
favored as an ongoing way to do business. Examples of the types of buildings that would be
allowed higher rooftops were given as public facilities such as community centers, schools, and
recreation centers. The committee wanted to know what else could be included if they approved
the height increase in LDR, and if any undesirable uses could benefit from this. Because Starfire
has said this is one deal maker they really need, the question was raised whether Starfire is a
public or private facility and whether they could benefit from this even if the height change were
made to the code.
A second issue was recommended by the City Attorney, and addressed definition changes of
"lot" and "site The committee had no comments on that proposal.
The third issue was where to allow automobile rentals as a use in the zoning code. Because the
city code does not address this, businesses want to put rental sites in NCC, for example. The
committee first said to separate truck rentals and sales from car rentals and sales. One of their
proposals is to allow car rentals where car sales are allowed. However, whether they would fit in
the TUC or RC was debatable. Staff will work on this issue before the next meeting.
A fourth issue was adding mini storage to the zoning code. Again, staff has generally allowed
them where warehouses are allowed in the city, which includes RC and TUC. Whether self
storage buildings would be good in those zones was questioned. RC, RM and TUC have design
review, so units could look better than a normal warehouse, but they would be the same kinds of
warehouse storage as everywhere else in the industrial or manufacturing zones. Staff said this is
a popular business now, since it costs little to put up the buildings, and little maintenance is
needed, with a good revenue stream resulting from the buildings. Staff will also work on this
issue.
The final proposal was about animated signs, which are becoming more popular with sign
makers. The Grand Casino has a sign that could be animated, though staff told them that would
be illegal under our current code. The committee talked about the frequency of sign changes,
agreeing that the signs on I -5 near Fife are distracting and generally bad. This is one issue where
action is needed fairly quickly, as companies want flashing signs and our code only addresses old
technology, not current LED and electronic lights. Reschedule.
3. Grandmother's Hill Grant Bruce asked the committee to support staff's request for an
Interagency Committee for Outdoor Recreation (IAC) grant. He said the project fits well with the
Park and Open Space Plan of the City. The resolution is needed by April 30` The committee
supported the resolution. Recommend resolution to Regular Meeting.
Committee Chair approval