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HomeMy WebLinkAboutCOW 2008-05-12 Item 4 - Public Hearing - Ordinance Renewing Moratorium on Signage CO UNCIL AGENDA Siwosis s2' I ITEM NO. .-.i `j k%1l lbfeeting Date I Prepared b J} Mayor's review I _Council review 1 1 1 1% 05/12/08 I BM `uA t,�-- VL �_�`r 05/19/08 1 BM V 1906 1 1 1 ITEM INFORMATION I CAS NUMBER: 08-053 I ORIGINAL AGENDA DALE: May 12, 2008 AGENDA ITEM TITLE An ordinance renewing a moratorium on certain types of signage. CA IMGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05/12/08 A'IIg Date Mtg Date Mtg Date 05/19/08 Ilhg Date Mtg Date 05/12/08 Mg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIV SPONSOR'S On June 4, 2007 the City Council adopted Ordinance 2165 which established a 180 -day SUM MARY 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. Parks Comm. Planning Comm. DA 1'E: 04/28/08 RECOMMENDATIONS: SPONSOR /ADMIN. Review and Approval COMIvIIrrEE 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 1 I I 1 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 1 'N11LA i 0 2 Gi j Jim Haggerton, Mayor ti Department of Community Development Jack Pace, Director 1908 TO: Mayor Committee of the Whole FROM: Jack Pace, Director Brandon Miles, Sen Planner RE: Renewal of moratorium on certain types of signage DATE: May 7, 2008 Issue Should the City renew 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 180 -day moratorium on the installation of animated and electronic signs within the City. The moratorium was renewed by the City Council on November 26, 2007. The current moratorium will expire on May 26, 2008. The City is in the process of updating the City's sign code and in February of 2008 the City Council adopted resolution 1656 which established a Sign Code Advisory Committee (Committee) to assist in the update. The first meeting of the Committee is scheduled for May 15, 2008. One of the work -items of the Committee will be to explore the issues related to animated and electronic signs. Community Affairs and Parks (CA) was briefed on the proposed renewal on April 28, 2008. CAP recommended that the item be forwarded to COW for consideration and to hold a public hearing. Next Step Planning staff recommends that the proposed ordinance renewing the moratorium be forwarded to the next regular scheduled meeting for adoption. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 DRAFT 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 SEVERABILITY; 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 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, on February 4, 2008, the City Council adopted Resolution 1656, which calls for the creation of a Sign Code Advisory Committee to assist the City in the sign code update process; and WHEREAS, the Mayor has selected the Committee members, 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 amortization program for the removal of such signs, which could pose a financial burden to business owners, property owners and the City; and C :\Documents and Settings\All Users \Desk top `Kelly‘_MSDATAIOrdinances\Sips Moratorium Renewal adoc BM:ksn 5812008 Page 1 of 2 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. 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 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.'.Documents and Settings \All Users\ Desktop \Kelly\MSDATA Ordinances \Sis_n Moratorium Renewal adoc BM:ksn 5 /8/2008 Page 2 of 2 City of Tukw Washington Ordinance No. �O 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 SEVERABILITY; 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 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 I. 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. Macintosh HD:Users:staciaDesktop:Sign Moratorium Renewal.doc BMksn 11/152007 Page 1 of 2 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 Tlv1C 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. 1f 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 bylaw. PASSED BY THE CITY COUNCIL OF THE CITY OF TU' I�WILA, WASHINGTON, at a Regular Meeting thereof this i <i day of 111 4 \l0rr\ o, 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor J E. Cantu, di City Clerk Filed with the City Clerk: I 1 -1 LI -037 APPROe-BSS 0 F RM BY: Passed by the City Council: j ,i Published: 1/ ti 0 '7 Effective Date; J /o D 7 Office of the ty Attorney Ordinance Number: i PO Macintosh HD:lisers:stacia:Desktop:Sign Moratorium Renewal.doc BM:ksn 11/15/2007 Page 2 of 2 J f� w9 City Tukw y a v ti s... Community Affairs and Parks Committee rsos COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes April 28, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De' Sean Quinn Staff: Evie Boykan, Bruce Fletcher, Moira Bradshaw, Rhonda Berry and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Chair Hernandez called the meeting to order at 4:58 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Minor Home Repair Program for 2009 Staff is seeking Council authorization to submit the 2009 Community Development Block Grant application requesting $75,000. The City's application proposes to continue the Human Services Minor Home Repair Program for Tukwila as well as the fiscal management of similar programs for the cities of SeaTac and Des Moines. As with the 2008 application, incorporation of three cities into one application makes our request more competitive against other projects. The funding for this program is not a guarantee. Evie explained that this program predominantly serves the lowest income homeowners, allowing repairs that may not normally be completed. The program assistance generally falls into one of two categories, preventative maintenance or repairs. Additionally, the program only serves single family homeowners. UNANTh'IOUS APPROVAL. FORWARD TO MAY 12 COW FOR DISCUSSION. B. Parks and Open Space Plan Bruce Fletcher stated that staff had set an aggressive timeline for the review and adoption of the new Park, Recreation and Open Space Plan due to a grant deadline with the Washington State Recreation Conservation Office [RCO; formerly known as the Office of Interagency Committee (IAC)]. However, it has been determined that it would be most beneficial to the City and the Plan to approach the review a bit slower. Staff has requested a two month adopted plan extension from the RCO which is currently due June 1. A draft plan was not available for distribution to the Committee. Staff should have a draft document to the Committee for review within a week and a half. This item will return to the Community Affairs and Parks Committee for discussion on May 12. Bruce discussed two items in the draft plan including park impact fees and results of a mail out/phone back survey. RETURN TO MAY 12 COMMUNITY AFFAIRS AND PARKS COMMITTEE. C. Renewal of Sian Code Moratorium Ordinance The current moratorium on animated and electronic signs will expire on May 26, 2008. Staff is 4.,,.... requesting that the moratorium be extended for an additional 180 days due to the recent formation of the Sign Code Advisory Committee. This will be the second renewal of the moratorium (see Council minutes dated 06/040/7 and Community Affairs and Parks Committee minutes dated 10/23/07). UNANIMOUS APPROVAL. FORWARD TO MAY 12 COW FOR DISCUSSION.