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HomeMy WebLinkAboutCOW 2010-06-28 COMPLETE AGENDA PACKET 134 h, Tukwila City Council Agenda c o COMMITTEE OF THE WHOLE J 0 Jim Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez Steve Lancaster, City Administrator Allan Ekberg Verna Seal 90: Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn Monday, June 28, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. PUBLIC Sign Code update ordinance. Pg.1 HEARINGS 4. SPECIAL a. Two resolutions for surplus fire equipment. Pg.45 ISSUES b. Sign Code update ordinance (Please bring your binders). Pg.1 c. Comprehensive Plan amendments (public meeting format). Pg.55 d. Noise regulations: Pg.115 (1) An ordinance updating regulations relating to noise as codified at Tukwila Pg.119 Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement, and repealing Ordinance No. 2002. (2) An ordinance amending the Zoning Code to reflect changes based on new Pg.129 noise regulations. e. Review planned revenue enhancements: Revenue Generating Regulatory License Pg.143 (RGRL), utility tax and business licenses, as well as potential "voter approved" revenue enhancements. 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433- 1800/TDD 206 248 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. CAS NUMBER: 10-073 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 06/28/10 BM Initzals ITEM INFORMATION Mgt's- evrezv I ,until revzeav ORIGINAL AGENDA DATE. JUNE 28, 2010 AGENDA ITEM TITLE Review of the Planning Commission Recommended Draft Sign Code MTG. DATE 06/28/10 MTG. DATE 06/28/10 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated June 22, 2010 Ordinance in draft form Sign Code Comparison Matrix Legislative History binder Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 ITEM No. CATEG ORY Discussion n Motion Resolution n Ordinance Bid Award Public Hearing Other Mtg Date 6/28/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 6 /28/10 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R n Police PWI SPONSOR'S In 2007, the City Council identified a need to update the City's sign code because only SUMMARY piecemeal changes had been made since it was adopted in 1982. The City Council formed a Sign Code Advisory Committee to assist in rewriting the sign code. The work of the Committee has been reviewed by the Planning Commission and the Planning Commission Reccomended Draft Sign Code is ready for review and consideration by the City Council. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte LI Transportation Cmte Utilities Cmte n Arts Comm. 1 I Parks Comm. Planning Comm. DA 1'E: 6/14/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMIT 1EE No Recommendation on adoption, forward to COW for discussion COST IMPACT FUND SOURCE EXPENDI'T'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments N/A 2 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks FROM: Nora Gierloff, Deputy DCD Director DATE: June 4, 2010, Revised June 22, 2010 SUBJECT: Sign Code Update ISSUE In 2007, the City Council identified a need to update the City's sign code because only piecemeal changes had been made since it was adopted in 1982. The Council realized that a complete rewrite was needed in order for the code to reflect changes to the City and the legal environment over the past 28 years, including the requirement that the code be content neutral Over the past two years staff has worked with an advisory Committee and the Planning Commission to develop a Planning Commission Recommended Draft Sign Code which has been forwarded to the City Council for their review and consideration. On June 28, 2010, the City Council as a whole will receive their first briefing on the Planning Commission Recommended Draft Sign Code and gather public comments at a hearing. The Council may then work with staff to determine an appropriate process for review of the Draft Sign Code. BACKGROUND Jim Haggerton, Mayor Here is an overview of the public involvement process that was used to develop the draft code. Public participation and public outreach have been cornerstones of the update process. Sian Code Advisory Committee Given the significant impacts that signs have on the community, the City Council established a Sign Code Advisory Committee (hereafter: Committee) to assist in the update process. Council Resolution 1656 established the Committee and specified that the Committee must include two Councilmembers, one Planning Commission member, three residents and two business representatives. The Committee conducted six meetings to provide input on various issues related to regulating signage within the City. Topics discussed included permanent signage, temporary signage, billboards, and freeway interchange signs. The meetings were open to the public and staff invited interested parties to come to the meetings to address any concerns, provide recommendations, or provide suggested courses of actions. Joint Meetina of the City Council and the Plannina Commission The work of the Committee culminated in a report titled, "Sign Code Advisory Committee Policy Recommendations" (This report can be found in the Legislative Binder under the tab labeled as "Attachment A On January 29, 2009, a joint meeting of the City Council and Planning Commission was held to brief both bodies on the completed work of the Committee. Both the 3 INFORMATIONAL MEMO Page 2 City Council and the Planning Commission expressed general support for the recommendations provided by the Committee, but were interested in more specific details. Plannina Commission Review Following the joint meeting, the Planning Commission conducted four workshops to review in detail the proposed recommendations of the Committee. It was at this time that the vision of the Committee began to be laid out into formal code language. The Planning Commission was supportive of the recommendations of the Committee and made only minor changes. In spring of 2010, the Planning Commission was presented a Public Review Draft Sign Code for their review and consideration. On March 25, 2010, the Planning Commission held a public hearing on the proposed code. Testimony was received from Westfield Southcenter, Bob Schofield, and the King County Realtors Association. Following the meeting the PC incorporated some of the public comments into their draft. On April 22, 2010, the Planning Commission adopted a motion recommending a Planning Commission Draft Sign Code to the City Council. An index which contains the legislative record used to develop the Planning Commission Recommended Draft Sign Code is included with this packet as Attachment C. The binder contains a report entitled, "Sign Code Advisory Committee Policy Recommendations under Tab A. Also included are documents that were reviewed by the Sign Code Advisory Committee, documents reviewed by the Planning Commission, and written comments provided to the Planning Commission. Other Public Participation In addition to the work with the Committee and the Planning Commission, Planning Staff has been working to engage other interested parties in the update process. The following actions were completed by staff: 1 Briefing to the Hwy 99 Action Committee (now known as the Tukwila International Blvd Action Committee) prior to the formation of the Sign Code Committee. Staff used this briefing to address sign issues on Tukwila International Blvd (TIB) and to solicit interested parties who might want to serve on the Sign Committee. 2. The Hazelnut was utilized on several occasions to notify businesses and residents about the update and to solicit members to serve on the Committee. Additionally, notification on the creation of the Sign Committee was published in the Highline Times. 3. Briefing to the Hwy 99 Action Committee on the recommendations of the Sign Code Committee including specific impacts to TIB. 4. Briefing to the Government Affairs Committee of the Southwest King County Chamber of Commerce on the recommendations of the Sign Code Committee. 5. Staff met with the Westfield Southcenter representatives on several occasions. 6. Staff met with representatives from Clear Channel Outdoors, one of the largest outdoor advertising companies in the Country. 7. Staff met La Pianta to discuss the impacts of the draft sign code on Tukwila South. 8. The City sent a letter to Westfield Southcenter requesting specific input on any proposed changes they would like to see regarding the new sign code. 9. Notices were sent to all sign contractors who have done work in the City in the last three years informing them of the availability of the draft sign code, inviting their input and providing notice of the March public hearing. B Miles Page 2 06/24/2010 4 W• \2010 InfoMemos \Sign Code 6- 28.doc INFORMATIONAL MEMO Page 3 10. A letter was sent to parties of record requesting specific input on the recommendations of the Committee. 11. Throughout the entire update process the City has utilized a webpage to keep interested parties informed of the update process. The webpage included a link that allowed people to be added to a contact list. Prior to meetings of the Committee, emails were sent out to interested parties informing them of the topics of the upcoming meetings. The Committee's documents were placed on the website. Overview of Draft Sian Code The new sign code, which will replace the existing Title 19 of the Tukwila Municipal Code, contains 11 chapters. The following is a brief overview of the contents of the chapters. A matrix that compares that current sign code to the Planning Commission Recommended Sign Code is included as Attachment B. 1. Intent The first chapter reflects the intent language that was drafted by the Committee and edited by the Planning Commission. 2. Definitions The second chapter defines terms that are referenced in the new Sign Code. Photos are used to illustrate certain definitions. 3. Administration The next chapter is the administration section which outlines when sign permits are required, what types of signs are prohibited, what notices the City will send, how to appeal a decision and how the City will enforce violations of the Code. As a reminder, consistent with the current sign code only those signs that are "discernible" from the public right of way, adjacent premise, or an adjacent off -site business are regulated by the sign code. 4. Construction, Maintenance, and Removal of Signs The fourth chapter includes requirements for the construction, structural review and maintenance of signs. in keeping with current practice all permanent signs must have a final inspection to be considered legally installed. This ensures that they were safely constructed in accordance with the approved permit. Language regarding the removal of "abandoned" signs has also been included. 5. Permanent Signs This chapter includes sign regulations regarding the number, size and placement of permanent signs within both residential and non residential zones. The current sign code only allows two main types of permanent signs, flush mounted wall signs and freestanding signs. One of the goals of the sign code update was to expand the sign types allowed within the City and in this chapter ten permanent sign types are permitted under different conditions. B. Miles Page 3 06/24/2010 W• \2010 InfoMemos \Sign Code 6- 28.doc 5 INFORMATIONAL MEMO Page 4 The draft also moves away from pole signs as recommended by the Committee and instead allows monument signs. Also, tall "freeway interchange" signs will no longer be permitted. In a change from the current code, there is no specific limit on the number of signs that may list a certain business, in keeping with the goal of content neutrality. A building and site will qualify for a certain number of signs based on length of street frontage, number of building entrances and building design. The only limitation on the text of the signs is that they reference on- premise businesses, products or uses. Finally, language to allow banners attached to parking lot light standards has been added. This type of signage was not discussed by the Committee; however staff and the Planning Commission wanted to include the language for consideration. These can help to bring color and interest to parking lots as well as create an identity for a center. 6. Temporary Signs The sixth chapter covers the number, size and placement of temporary signs. These signs may be commercial or non commercial in nature. Like the permanent sign section, the regulations regarding temporary signs are divided between residential and non- residential zones. The Committee proposed and the Planning Commission supported allowing certain temporary signs for large special events in order to facilitate movement of automobile and pedestrian traffic. 7. Variances The variance process and criteria are similar to the language found in the current sign code. 8. Master Sign Program The proposed master sign program language would provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the needs of larger sites. The Committee was supportive of the concept, but had not reviewed specific criteria for the master sign program. The language found in the chapter reflects language reviewed and adopted by the Planning Commission. A site will qualify for the master sign program if it is at least 15 acres and has a minimum total building area of 200,000 square feet. Sites eligible for the master sign program include Westfield Mall, Boeing, Southcenter Square, and Parkway Supercenter. Additionally, uses that provide emergency services (i.e hospital emergency rooms, etc.) where public safety may be jeopardized by strict compliance with the sign code will also be eligible for the master sign program. Master sign programs that propose to vary the size, number or location of otherwise permissible signs would be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this Code would be reviewed by the Board of Architectural Review. The additional sign types that B. Miles Page 4 06/24/2010 6 W \2010 InfoMemos \Sign Code 6- 28.doc INFORMATIONAL MEMO Page 5 could be allowed by the BAR are roof signs, taller monument signs, parking structure incentive signs and larger wall signs Master Sign Programs must also include a plan for the removal of any existing nonconforming signs on the premises within three years. 9. Non Conforming Provisions The next chapter includes non conforming provisions of the draft code. These recommendations were supported by both the Committee and the Planning Commission. A. Signs that are currently legal but would become non conforming under the new code would have a 10 year grace period to come into compliance, during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. B. Older currently non conforming signs, such as those installed to King County code in our annexation areas, could remain indefinitely but would need to come into compliance at the time of a copy /face change. C. Freeway interchange signs would have a 5 year grace period to come into compliance during which they would be allowed to have copy /face changes. After the grace period they could remain but would need to come into compliance at the time of a copy /face change. D. A program to provide financial incentives to encourage the removal of non conforming signs along the TIB Corridor has been proposed. Staff is proposing that a no -fee permit be required for signs that would be non- conforming to the new code. This permit will ensure that property owners and businesses are made aware of the limitations placed on making modifications to their non conforming signs. 10. Billboards The chapter would establish billboard receiving areas within the City. The billboard receiving areas being proposed are: Along West Valley Hwy at S. 180 and south to the City Limits. Along East Marginal Way, north of Boeing Access road Within these receiving areas, static and digital billboards can be installed, provided that a minimum number of existing billboards within the City are removed. For example, to install a digital billboard in a receiving area would require the removal of at least five existing billboards. Specific development standards are provided for new billboards, including minimum spacing. The chapter also sets up provisions to allow reconditioning of existing billboards within the City that are not proposed to be removed. B Miles Page 5 06/24/2010 W \2010 InfoMemos \Sign Code 6- 28.doc 7 INFORMATIONAL MEMO Page 6 11. General Provisions The final chapter of the sign code is the general provisions chapter. This chapter is essentially a "catch all" for certain legal statements that need to be included in the new sign code. DISCUSSION The next step in the update process is for the City Council to start their review of the Planning Commission Recommended Draft Sign Code. The City Council will have an opportunity to hear from the public on the draft sign code at the hearing. Prior comments from the Planning Commission public hearing are included in the legislative binder. The extensive public process used has created a product that reflects the needs and desires of the community while also providing businesses and residents with the ability to have much needed signage. Staff would like specific input from the City Council on the process and level of review they would like in moving forward on the draft sign code. Some options include: 1) Staff could prepare a matrix of the public comments received at the June 28 hearing for the Council's review at the July 6, 2010 Regular Council meeting. Council could then identify the comments they would like to incorporate into the final version of the code as well as any areas where they would like staff to develop new alternatives or approaches. Staff would then come back to the Council with revised language at a future Committee of the Whole meeting. 2) In lieu of going to the July 6 meeting, staff could schedule one, 2 -hour work session on the Planning Commission draft. At the work session, Council could review the matrix of public comments received as part of the public hearing and identify possible changes. After the work session, the proposed sign code would go back to a Committee of the Whole meeting for discussion before going to a Regular Council meeting for possible adoption. 3) The draft provided by the Planning Commission could be acted upon by the City Council at the July 6, 2010 Regular Council meeting. RECOMMENDATION The Committee of the Whole is being asked to conduct and close the public hearing at tonight's meeting and then select one of the review process options listed above. As always, DCD staff is available to meet with City Council members to walk through the draft sign code or to answer any questions. Please contact Nora Gierloff or Brandon Miles to arrange time to meet. ATTACHMENTS A. Ordinance in draft form B. Matrix Comparing Current Sign Code to the Planning Commission Recommended Sign Code C Legislative Binder Index B Miles Page 6 06/24/2010 8 W• \2010 InfoMemos \Sign Code 6- 28.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE REGARDING THE PLACEMENT, DISPLAY AND USE OF SIGNS AND OTHER VISUAL COMMUNICATION DEVICES WITHIN THE CITY, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 19; REPEALING ORDINANCE NOS. 1274, 1617, 1649, 1770 (PART), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096, AND 2126; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, the City Council desires to provide various alternatives for the display of signage and other visual communication devices; and WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non motorized forms of transportation; and WHEREAS, most of the City's current sign regulations were adopted in 1982 and are reflective of a smaller, less dense, and less complex built environment than exists today; and WHEREAS, the City's residential, commercial and industrial areas continue to grow, evolve and change. Since the Sign Code was adopted in 1982, the City has annexed Tukwila International Boulevard, the Duwamish Industrial Area and Tukwila South. Additionally, the vision for the Urban Center has changed and is now focused toward a mixed -use environment with retail, residential and light industrial uses; and WHEREAS, in 2007, recognizing that a new Sign Code was needed to reflect the current vision for the City, the City Council adopted Resolution No. 1656, which created a Sign Code Advisory Committee to assist in the creation of a new Sign Code; and WHEREAS, the Sign Code Advisory Committee was comprised of Tukwila Councilmembers, a Planning Commission member, citizens and representatives from the City's business community; and WHEREAS, the Sign Code Advisory Committee met a total of six times to discuss signage within the City; and WHEREAS, City staff conducted an extensive public outreach campaign to inform residents, businesses and property owners of the Sign Code update, including presentations to civic groups, meetings with interested businesses and property owners, and meetings with sign contractors and other interested parties; and WHEREAS, the recommendations of the Sign Code Advisory Committee were presented to the City Council and Planning Commission at a joint meeting on January 29, 2009; and WHEREAS, in the fall of 2009, the Planning Commission held four work sessions to review the recommendations of the Sign Code Advisory Committee; and WHEREAS, on March 11, 2010, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to adopt a new Sign Code; and WHEREAS, on March 16, 2010, the Director of Community Development determined that the proposed Title 19 does not have a probable significant adverse impact on the environment and issued a Determination of Non Significance; and WHEREAS, on March 25, 2010, following public notice, the Planning Commission held a public hearing to receive testimony regarding the adoption of a new Sign Code; and W'\ Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 1 of 27 9 10 WHEREAS, on April 22, 2010, the Planning Commission adopted a motion recommending the City Council adopt a new Sign Code; and WHEREAS, on June 28, 2010, following public notice, the City Council held a public hearing to receive testimony regarding the new Sign Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS. Section 1. TMC Chapter 19.04, "General Provisions," hereby reads as follows: 19.04.010 Title. This title shall be hereinafter known as the "Tukwila Sign and Visual Communication Code." It may be cited as such and will be hereinafter referred to as the "Sign Code." 19.04.020 Intent. The purpose of this code is to enhance the City's aesthetic character, to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3 To have signs that enhance the visual envirorunent of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5 To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that ufli7e high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi-modal environment. 19.04.030 Liability for Damages. Nothing in this code shall relieve any person, corporation, firm or entity from responsibility for damages to any other person suffering physical injury or damage to property as a result of the installation, display, maintenance or removal of any sign authorized under this code. The City and its employees, agents and officials shall assume no liability for such injury or damage resulting from the authorization of any permit or inspection implementing the provisions of this code. 19.04.040 Severability Clause. If any section, subsection, paragraph, sentence, clause or phrase of this code or its application to any person or situation should be held invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 19.40.050 Third Party Review and Special Inspections. A. In the event an application to install a sign requires a level of expert review the City cannot complete in house, the City shall have the right to have a third party assist in the review In such cases where a third party review is required, the applicant shall reimburse the City for the full cost of the third party review B. If the installation of a sign requires inspection services that due to complexity or specialty cannot be completed by City staff, the applicant shall be responsible for coordinating and paying a private firm to complete such inspections. Copies of any inspection reports shall be submitted to the City in order to demonstrate the inspections have been completed. 19.40.060 Substitution. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign structure. 19.40.070 Conflict with Other Adopted Environmental Regulations. Nothing in this title shall be interpreted to allow a violation of the City's Sensitive Area Regulations or Shoreline Regulations. In cases of conflict between the Sign Code and the City's adopted Sensitive Area Regulations and /or Shoreline Regulations, the requirements of the Sensitive Area Regulations and /or Shoreline Regulations shall prevail. Section 2. TMC Chapter 19 08, "Definitions," hereby reads as follows: 19.08.010 Generally. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which W\ Word Processing \Ordinances \Sign Code Title 19.docx Blvf:ksn 06/10/2010 Page 2 of 27 the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 19.08.020 "Abandoned Sign" means any sign that advertises a business, lessor, owner, product, service or activity that has not been located on the premises where the sign is displayed for 60 days or more or a sign cabinet where the face has been broken or missing for 30 days or more. 19.08.030 "Awning" means a fabric covered structure mounted on the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.040 "Awning/Canopy Side Sign" means a sign applied to or mounted on the side of an awning or canopy, contained completely within the end area and oriented perpendicular to the building wall surface. 19.08.050 "Atoning/Canopy Sign, Under" means a sign suspended from an awning, canopy or arcade, but does not extend beyond the horizontal limits of the awning, canopy or arcade structure. 19.08.055 "Awning Face Sign" means a sign applied to the main face of an awning, including sloped and vertical surfaces. 19.08.060 "Billboard" means an off premise freestanding sign or visual communication device that has a sign area of at least 150 square feet in message area per face. Freeway interchange signs are not included in this definition. 19.08.065 "Building-Mounted Sign" means a sign permanently attached to a building and includes flush mounted signs, awning signs, projecting signs, etc. 19.08.067 "Billboard Receiving Areas" are those areas of the City along South 180th Street zoned as Commercial /Light Industrial, those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial, all properties located along Boeing Access Road, and those properties along East Marginal Way, north of Boeing Access Road for which permits for new billboards may be issued if the criteria of this section are satisfied. 19.08.069 "Billboard Sending Areas" are those areas of the City that are not designated as billboard receiving areas from which billboards existing as of the time of the enactment of these regulations, must be removed before a permit for a new billboard may be issued by the City 19.08.070 "Cabinet Sign" means a geometrically- shaped sign with a translucent face, backlit by an internal light source. 19.08.072 "Canopy" means a rigid structure projecting from the face of a building above a window, entrance or storefront opening, providing weather protection. 19.08.074 "Canopy Edge Sign" means a sign mounted along or above the edge of a canopy and oriented parallel to the building wall. 19.08.076 "Channel Letters" mean three dimensional, individually -cut letters or figures affixed to a structure. 19.08.080 "Commercial Real Estate Signs" are signs located in commercial and industrial zones are used to denote a property, building or tenant space available for sale, lease or rental. 19.08.082 Commercial Zones" means any area of the City zoned 0, MUO, RCC, NCC, RC, RCM, TUC, C /LI, TVS or TSO 19.08.084 "Corner Projecting Sign" means a tall, vertically- oriented sign that projects from a building corner and is structurally integrated into the building. 19.08.090 "Department" means the Department of Community Development or subsequent organizational successor 19.08.091 "Digital Billboard means an off premise sign that uses digital technology that produces static images which are changed remotely Digital billboards may not scroll, flash or feature motion pictures. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not meet the definition of a dynamic sign except that the static image may change every ten seconds. Each static message shall not include flashing, scintillating lighting or the varying of light color or intensity 19.08.092 "Director" means the Director of Community Development or his /her designee. 19.08.094 "Dynamic Sign" is any sign or part of a sign that appears to move or change due to any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or in any other W' \Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 3 of 27 11 12 component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components, including a display that includes any rotating panels, LED lights manipulated through digital input, "digital ink" or displays in which the display or sign appears to move more frequently than once every 24 hours. 19.08.100 "Electronic Sign" means a sign containing a display that can be changed by electrical, electronic or computerized process. 19.08.110 "Exposed Building Face" means that portion of the building exterior wall fronting a tenant space as seen in elevation together with one -half the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation purposes. 19.08.120 "Flush Mounted Building Sign" means a sign located on and parallel to a building wall. 19.08.130 "Freestanding Sign" means a sign supported by one or more uprights, poles or braces installed on a permanent foundation, not attached to a building or other structure. 19.08.140 "Freeway Interchange Sign" means a freestanding sign at least 100 feet in height, for a business located within a radius of 1,000 feet from a freeway entry /exit point or industrial zone, but not separated by a physical barrier from the entry /exit intersection. The freeway interchange sign is primarily oriented to the passing motorists on the adjacent freeway 19.08.145 "Height, Freestanding Sign" means the distance measured vertically from the lowest point of elevation of the ground within five feet from said sign to the top of the sign, as depicted in Attachment C, attached hereto 19.08.150 "Industrial Zone" means any area of the City zoned LI, HI, MIC /L or MIC /H. 19.08.155 "Institutional Use" means any non residential use located within a residential zone that provides services to the surrounding neighborhood or residential community Common institutional uses include, but are not limited to, fire stations, public or private schools, religious institutions, public parks, libraries and other similar type uses. 19.08.160 "Landmark Business" is an entity that occupies at least 60,000 square feet of building space on a premise that contains at least five separate businesses or uses. 19.08.165 "Master Sign Program" means a coordinated signage scheme for all signs on a premise that may include deviations from the standard sign requirements. 19.08.170 "Monument Sign" means a sign supported by at least two posts or columns or with a base that extends at least 75 percent of the sign panel length. Monument signs may also consist of painted text or channel letters mounted on a freestanding seating wall or retaining wall where the total height of the structure meets the limitations of this code. 19.08.180 "Multi Family Complex" means any structure or group of structures within a residential zone that contains at least five dwelling units. 19.08.185 "Off- Premise Signage" means a permanent sign not located on the premises of the use or activity to which the sign pertains. 19.08.190 "Parking Structure Incentive Sign" means a flush mounted building sign permitted on parking structures and intended for periodic changes in copy 19.08.195 "Permanent Sign" means any sign erected without a restriction on the time period allowed for its display as specified in this code. 19.08.200 "Pole Banner" means a fabric banner sign attached to a street or parking lot light pole. 19.08.210 "Portable Sign" means a sign not permanently affixed to a structure and is designed for or capable of being relocated, except those signs explicitly designed for people to carry on their persons or those permanently affixed to motor vehicles operating in their normal course of business. 19.08.215 "Projecting Sign" means a permanent sign perpendicular to the building facade and suspended from a bracket or armature or cantilevered to the building. 19.08.220 "Premises" means one or more contiguous lots of record not separated by right -of- way and owned or managed by the same individual or entity 19.08.225 "Residential Zone" means any area of the City zoned LDR, MDR or HDR. 19.08.230 "Sight Distance Triangle," as depicted in Attachment B. VJ Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 4 of 27 19.08.235 "Sign" means materials placed or constructed, or light projected, that (a) convey a message or image and (b) are used to inform or attract the attention of the public, but not including any lawful display of merchandise. Some examples of "signs" are materials or lights meeting the definition of the preceding sentence and which are commonly referred to as signs, placards, A- boards, posters, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. 19.08.240 "Sign Area" means the entire area within a continuous perimeter, composed of straight lines or arcs, enclosing all elements of the sign copy, including text, logo and designs, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. The area of a three dimensional sign shall be the surface area of a geometric figure such as sphere, rectangle or cylinder that completely contains the sign element. 19.08.245 "Standard Billboard" means a billboard of at least 150 square feet in which copy is physically changed and is not considered a digital sign under Section 19.08.091. 19.08.250 "Temporary Sign" is a sign that is only permitted to be displayed for a limited period of time specified by this code after which it must be removed. 19.08.260 "Tukwila International Boulevard Corridor" means that area of the City subject to the City's Tukwila International Boulevard Plan and depicted in Zoning Code Figure 18 -9 19.08.265 "Window Sign" is a sign applied to a window or mounted or suspended directly behind a window 19.08.270 "Window Sign, Temporary," is a sign applied directly to a window or mounted or suspended directly behind a window and is designed, constructed, and intended for display on real property for not more than 30 days per calendar quarter for any particular sign. 19.08.280 "Wireless Communications Facility' means any tower, antennas, ancillary structure or facility, or related equipment or component thereof, used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, Internet, video, information services, specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum service utilizing part 15 devices and other similar services that currently exist or that may in the future be developed. Section 3. TMC Chapter 19.12, "Permits," hereby reads as follows: 19.12.010 Administration. The Director of Community Development (hereinafter "Director or his or her designee shall have the authority to administer this code. The Director may, if needed, develop administrative rules to resolve any conflicts arising out of the administration of the Sign Code. Any rules shall not be in conflict with this code and shall be consistent with Section 19.04.020, "Intent," and the legislative record used to create this code. Sign permits are issued by the Director unless otherwise noted in this code. The Director may require the assistance of other departments in administering this code. 19.12.020 Sign Permits Required. A. A sign discernible from any public right -of -way, adjacent premise or an adjacent off -site business shall not be erected, re- erected, constructed or altered, including changes to the sign panel, face or copy, without a sign permit, except as provided by this code. B The installation of some signage within the City may require a permit from the Washington State Department of Transportation. It is an applicant's responsibility to obtain all required permits from the appropriate government agency C. The issuance of a sign permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the City shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Director from requiring the correction of errors in the construction documents and other data. 19.12.030 Exceptions Sign Permits Not Required. The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in Section 19.04.020. W' \Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 5 of 27 13 14 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Temporary signs and decorations customary for special holidays, such as Independence Day and Thanksgiving, erected on private property Signs may only contain non- commercial speech. 3 Temporary window signs, subject to the limitations of Section 19.24.080. 4. Traffic signs and/ or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right -of -way or on private property, with the permission of the property owner All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5. Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6. Political campaign signs, subject to the limitations of Section 19.24.090. 7 Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 8. Land use notice boards per Section 18.104.110. 9 Text or graphics on umbrellas located in outdoor seating or plaza areas. 10. Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush- mounted building signs may be up to three square feet in size. 11 The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5- square -foot, building mounted plaque; and b. Each residential property shall be permitted one 6- square -foot banner or rigid sign that is temporary in nature; and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 12. Display of a flag showing the emblem or insignia of a nation or other governmental unit. 19.12.040 Prohibited Signs and Devices. A sign, sign style or device is prohibited by this code and subject to removal if it is not specifically permitted by this code. This includes, but is not limited to, the following examples: 1. Signs adjacent to State roads that do not comply with Washington State Department of Transportation regulations; 2. Any sign using the word "stop," "look" or "danger" or any other word, symbol, character or color, that might be confusing to traffic or detract from any legal traffic control device; 3. Any sign, symbol, object or device located within City or State rights -of -way or City easement without City and /or State approval, 4. Any sign, symbol, object or device located on a traffic control device, City light pole or other City-owned facility, even if such facility is located on private property, with the exception of Section 19.12.030.4, 5. Any sign, symbol, object or device that is placed or hung from a tree, bush, shrub or other vegetation, 6. Strings of pennants, banners or streamers, searchlights, clusters of flags, wind animated objects, balloons and similar devices except as provided under Section 19.24.060; 7 The use of portable signs or other similar devices, unless permitted under Section 19.24.070; W \Word Processing\ Ordinances \Sign Code Tide 19.docx BM:ksn 06/10/2010 Page 6 of 27 8. Dynamic signs, except those types specifically permitted under this code; and 9 Abandoned signs. 19.12.050 Party-of- Record. Any person who submits comments in writing on an application during the public comment period, requests in writing copies of notice of any public hearing on an application, requests in writing copies of any decision on the application, testifies on an application at a public hearing, or who otherwise indicates in writing a desire to be informed of the status of the application, shall be a party -of- record. The party-of- record applicant shall always be considered a party-of- record. 19.12.060 Notice of Complete Application. A. Within 28 days following receipt of a permit application, the Department shall mail, email or provide in person written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. B. An application shall be deemed complete under this section if the Department does not provide written or electronic (email) notice to the applicant that the application is incomplete within the 28 -day period, as provided herein. C. If the application is incomplete and the applicant submits the additional information requested by the Department, the Department shall mail, email or provide in person written notice to the applicant, within 14 days following the receipt of the additional information, whether the application is now complete or what further information is necessary to make the application complete. An application shall be deemed complete if the Department does not provide written or electronic (email) notice to the applicant within the 14 -day period that the application is incomplete. D An application shall be conclusively deemed to be complete on the Department's issuance of a notice of complete application as provided in Subsections A or C hereof, or the expiration of the time periods for issuance of such a notice as provided in Subsections B or C hereof. E. The Department may cancel an incomplete application if the applicant fails to submit the additional information listed in the notice of incompleteness within 90 days of the date of the notice. F The Department may extend this cancellation date up to 120 additional days if the applicant submits a written or electronic (email) request for an extension prior to cancellation. The request must clearly demonstrate the delay is due to circumstances beyond the applicant's control or unusual circumstances not typically faced by other applicants and that a good faith effort has been made to provide the requested materials. G. The fact that an application is deemed complete pursuant to this section shall not under any circumstances prevent the City from subsequently requesting additional information or studies regarding any aspect of a proposed project that are deemed necessary to a complete review of the proposed project. 19.12.070 Notice of Application. A. For sign permit variances and Board of Architectural Review (BAR) reviewed Master Sign Program applications a Notice of Application shall be provided to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. C. All required Notices of Application shall contain: 1. the file number; 2. the name of the applicant and the owner of the property, if different than the applicant; 3. a description of the sign(s), the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed, 4. a site plan; W: \Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 7 of 27 15 16 5 a statement establishing a public comment period, which shall be 14 days following the date of the Notice of Application. Comment period for projects requiring a Shoreline Substantial Development Permit shall be either 20 or 30 days, as specified in RCW 90.58.140; 6. the procedures and deadline for filing continents, requesting notice of any required hearings and any appeal rights. Any person may comment in writing or via email on the application during the public comment period and may participate by submitting either written or oral testimony, or both, at any hearings and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application, 7 the date, time, place and type of hearing, if applicable and scheduled at the time of notice; and 8. the identification of other permits not included in the application, to the extent known by the Department. D. Additional information is required by RCW 90.58 for Notices of Application for projects that require a Shoreline Substantial Development Permit. E. Except for a Determination of Significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. F Email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. G. Notice required per this code may be combined with land use notifications for concurrent actions required under Title 18. H. Mailed notice shall be deemed satisfactory despite the failure of one or more persons to receive mailed notice. 19.12.080 Notice of Hearing. A. At least 14 days prior to any public hearings on sign permit variances, BAR reviewed Master Sign Program applications or appeal of a sign decision, the Department shall issue a Notice of Hearing by mail to property owners and tenants within 500 feet of the subject site, departments and agencies with jurisdiction and any parties -of- record. B. A Notice of Hearing shall include: 1. the file number; 2. the name of the applicant; 3 a description of the sign(s), the location, a list of the permits included in the application and the location where the application, the staff report and any environmental documents or studies can be reviewed, 4. a site plan; 5 the date, time, place and type of hearing; 6. the phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing; 7 the Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines such information would increase public awareness or understanding of the proposed project; and 8. email notification may substitute for mailings when the relevant party agrees to this form of communication. A party-of- record may request and the City shall honor any request to only receive notification via U.S. mail. 19.12.090 Notice of Decision. The Department shall provide written notice in a timely manner of the final decision on permit applications. Such notice shall identify the procedures for administrative appeals, if any Notice shall be delivered by either first class mail, email or in person to the applicant, agencies with jurisdiction and all parties -of- record. 19.12.100 Time Periods for Permit Issuance. A. The City strives to make final decisions on all sign permit applications within 120 days from the date the applicant is notified by the Department that the application is complete. The following periods shall be excluded from this 120 -day period. W. \Nord Processing\ Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 8 of 27 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of: a. the date the department, agency or hearing body determines whether the additional information satisfies the request; or b. 14 days after the date the information has been provided to the department, agency or hearing body. If the department, agency or hearing body determines the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. If the applicant fails to provide a requested correction or additional information within 90 days of the request, the Department may cancel the application due to inactivity 2. Any additional time period for administrative review agreed upon by the Department and the applicant. 3. Any additional time period agreed upon by the Department, the applicant and any parties to an appeal. B. The time limits established in this section shall not apply if a project permit application requires an amendment to the Comprehensive Plan or a development regulation. C. If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of explanation as to why the time limits have not been met and an estimated date for issuance of the notice of final decision. D A modification to project plans occurring before issuance of the permit shall be deemed a new application for the purpose of the 120 -day permit clock when such modification would result in a substantial change in a project's review requirements, as determined by the Department. 19.12.110 Date of Decision. All notices issued pursuant to this title shall be deemed to have been issued on the date on which they are deposited in the U.S. mail or transmitted via electronic mail by the Department. 19.12.120 Appeals. All appeals of decisions issued under this code must be filed with the Department within 14 days of the date of decision. At the time an appeal is filed, the appealing party shall pay an appeal fee pursuant to the current fee schedule. Appeals will be heard by the Hearing Examiner who shall conduct a closed- record appeal and consider only the information originally presented to the Director. No administrative appeal is permitted for sign variances which shall go directly to King County Superior Court. 19.12.130 Notice of Appeals. A. Every Notice of Appeal shall contain. 1. the name of the appealing party; 2. the address and phone number of the appealing party, and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf; and 3. a statement identifying the decision being appealed and the alleged errors in that decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. The scope of the appeal shall be limited to matters or issues raised in the Notice of Appeal. B. The Notice of Appeal shall be distributed by the Department to the office of the Hearing Examiner. 19.12.140 Dismissal of Untimely Appeals. On its own motion or on the motion of a party, the Hearing Examiner shall dismiss an appeal for failure to file the appeal with the Department prior to the end of the appeal period. 19.12.150 Sign Permit Expiration for Permanent Signs. Sign permits are valid for 180 days from the date of issuance. The applicant must request a final inspection or submit a request for extension to the City prior to the permit expiration date or the permit will expire. The Director may grant one extension of not more than 30 days if the request is submitted prior to permit expiration. W \Word Processing Ordinances \Sign Code Tide 19.docx BM:ksn 06/10/2010 Page 9 of 27 17 18 19.12.160 Sign Code Interpretation. A. The Director shall, upon written request, issue a Sign Code Interpretation to resolve an issue arising out of the administration of this code to a specific sign proposal. Any Sign Code Interpretation issued by the Director shall be in keeping with the intent of this code as specified in Section 19.04.020, the legislative documents utilized to write this code, the Zoning Code, the Comprehensive Plan, and any other City regulation or policy such as, but not limited to, the Walk and Roll Plan and the Shoreline Master Plan. B. Any aggrieved party may file an appeal of the Director's code interpretation following the process specified in Sections 19 12.120 and 19.12.130. 19.12.170 Sign Code Violations. A. It is the responsibility of a property owner and /or business owner to ensure the provisions of this code are met on any real property they own or control. The City shall issue a warning to any property owner where illegal permanent or temporary signs have been installed or where permanent or temporary signs have been installed without first obtaining a permit. Each day that an unlawful sign remains will be deemed a separate violation. If subsequent violations occur within the next 18 months, the property owner shall be subject to the following fines: 1. 2nd violation..... $200 2. 3rd violation $400 3. 4th violation $800 B. If the City undertakes legal proceedings to enforce the terms of this code under the authority of Chapter 8.45, the City shall have the right to recover its costs and expenses (including attorney fees, expert witness fees and costs) and/ or a monetary penalty, pursuant to this code. C. The City shall have the right to remove any signs illegally placed within the City's right of -way, easements under City control or property owned and /or controlled by the City No duty is created to require the City to remove such signs. The City shall retain all signs removed from the City's right -of -way for ten days. The owner of the signs may retrieve the signs from the City and pay a $50- per -sign fee to the City to recover a portion of the City's cost in removing the illegal signs. Once the ten -day period has expired, the City shall have the right to dispose of the signs. D Any violation of this code shall be considered a public nuisance. 19.12.180 Business License and Affidavit Requirement. A. Any sign contractor who does business within the City must first obtain a business license from the City As part of the business license registration, the contractor shall sign an affidavit acknowledging they have read the City's Sign Code, specifically 1. Section 19.12.020, "Sign Permits Required." 2. Chapter 19.36, "Non- Conforming Provisions." B. Any sign contractor who possesses a City business license and violates the requirements of this code shall be subject to fines and penalties under Chapter 8.45 The City shall also revoke the business license of the sign contractor and the City shall not permit a new business license to be issued for at least one year, per Section 5.04.110. C. Any sign contractor found operating in the City without a Tukwila business license shall be subject to a fine not less than $1,000. Additionally, the City shall report the violation to the State for further enforcement action. Any contractor who has a business license revoked or has fines issued shall have the right to appeal such actions to the Hearing Examiner, pursuant to Section 5.04.112. Section 4. TMC Chapter 19.16, "Construction, Maintenance and Removal of Signs," hereby reads as follows: 19.16.010 Construction. A. All signs within the City shall comply with the structural requirements of the Washington State Building Code. B All signs within the City shall comply with the electrical requirements of the City's adopted Electrical Code. 19.16.020 Structural Review The City's Building Official may require that proposed building-mounted signs that weigh 400 pounds or more, monument signs 50 square feet or W \Word Processing\ Ordinances\ Sign Code Title 19.docx BM:ksn 06/10/2010 Page 10 of 27 more in face area and freestanding signs 15 feet or more in height undergo structural review in order to preserve the public health, safety or welfare. When structural review is required, the applicant shall pay the full amount of the City's cost to conduct such review Construction details that describe either the proposed foundation (for freestanding signs) or wall brackets (for building- mounted signs) must be submitted with the sign permit application. Structural calculations for the sign shall be prepared by a licensed Washington State structural engineer 19.16.030 Required Inspections for Permanent Signs. A. When a sign triggers structural review, per Section 19.16.020, the applicant or installer shall contact the City to request a footing inspection before the concrete has been poured or bracket inspection before a building- mounted sign is installed. B. It is the responsibility of the installer to obtain an electrical permit and associated inspections from the City if the sign uses electrical power C. It is the responsibility of the installer to contact the City for a final inspection for all signs when installation is complete. 19.16.040 Maintenance. All signs, including their support structures, shall be kept in good repair, specifically 1. Signs shall be regularly painted or appropriately maintained. 2. Damaged signs or support structures shall be replaced in accordance with the original permit unless the sign is non conforming, per Chapter 19.36. 3. All lighting shall be maintained in good working order with no broken or burned out lamps. Signs do not have to be illuminated at all times; however, if they are illuminated, the entire sign shall be illuminated and there shall be no dark portions of the sign. 4. Electrical and power cords shall not be visible. 5. Cabinet signs with missing sign faces are strictly prohibited within the City 6. If a building- mounted sign is removed, the building wall shall be restored to a condition to match the remaining wall area. There shall be no evidence that a sign was located on the building. 19.16.050 Removal of Abandoned Signs. A. The Director shall order the removal of any sign that is abandoned, pursuant to the definition found in this code. The particular mitigation measures shall be based on the circumstances outlined below. 1. Non conforming Freestanding Sign. In the event that a non- conforming freestanding sign has been abandoned and the sign is not covered under a grace period found in Chapter 19.36, the Director shall order the property owner to remove the sign and sign structure within 45 days of issuance of a Notice and Order from the City 2. Non conforming Building Mounted Sign. In the event that a non conforming building mounted sign has been abandoned, the Director shall order the property owner to remove the sign within 45 days of issuance of a Notice and Order from the City The building wall shall be completely restored, as ordered by the Director 3. Conforming Freestanding Sign. In the event that a conforming freestanding sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order, until such time as a new tenant obtains a sign perrnit from the City 4. Conforming Building- Mounted Sign. In the event that a conforming budding- mounted sign is abandoned, the Director shall order the property owner to install a blank face on the sign within 30 days of issuance of a Notice and Order until such time as a new tenant obtains a sign permit from the City Building- mounted signs utilizing channel letters shall be completely removed and the wall restored within 30 days of issuance of a Notice and Order B It shall be the responsibility of the property owner to provide sufficient evidence that a sign is conforming to the regulations of the City's current Sign Code. 19.16.060 Immediate Removal, Public Safety. The Director shall order the immediate removal of any sign or sign support structure that in his /her opinion poses an imminent threat to public safety or damage to adjacent structures. Section 5. TMC Chapter 19.20, "Permanent Signs," hereby reads as follows: W \Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 11 of 27 19 20 19.20.010 Intent. The number of signs permitted on individual properties varies based on several factors. These factors include, but are not limited to, zoning, type of use and site design. It is the goal of the City to allow a wide range of sign types, while also protecting the aesthetic character of the City's various zoning districts. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.20.020 Permanent Sign Application Materials. All applications to install a permanent sign or other visual communication device shall include the following: 1. Three copies of a completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings and parking areas; the location of all existing freestanding signs on the premises; and the location of all existing building- mounted signs on the same building as the proposed signs. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5 Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7 Details for any dynamic portions of the proposed signs. 8. Method of support and attachment for building- mounted signs. 9 If freestanding signs are proposed, the scaled and dimensioned footing designs and height calculations. 10. Structural calculations, if required per Section 19.16.020. 11. Fee as established in the most current fee schedule. 12. One copy of a valid Washington State contractor's license or owner's affidavit. 13. Valid Tukwila business license number for the sign contractor, if applicable. 19.20.030 Permanent Signs in Residential Zones. A. Institutional uses and multi- family complexes are allowed one flush mounted wall sign per building and one freestanding monument -style sign for each public street that provides access to the premise. B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect lighting methods. The lighting shall have no spillover impact on adjacent properties. C. Flush- Mounted Building Signs (Wall Signs) Design Standards. 1. The maximum area of any flush mounted building sign is limited to the calculation from Table 2 in Section 19.20.050; however, in no case shall the area of a flush- mounted building sign be greater than 50 square feet. 2. Lighting for flush mounted building signs shall be limited to indirect, concealed and backlit devices. The lighting shall produce no spillover or glare onto adjacent properties. D Dynamic Signs in Residential Zones. W' \Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 12 of 27 1. One monument sign per premise, as permitted under Section 19.20.030 B, may contain a dynamic feature. The following design standards apply to all dynamic signs installed under this section: seconds. b. 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, contract, bounce, rotate, spin, twist, scroll, travel or otherwise portray movement. c. Illumination of the dynamic sign is limited to the hours of 7AM to IOPM. 2. Notice of Understanding The operator of any dynamic sign installed per this subsection must submit a letter to the Director that states the organization understands and agrees to abide by the above requirements. 19.20.040 Permanent Free Standing Signage in Commercial/Industrial Zones. Monument signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free- standing monument style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi -public streets, per Table 1. Table 1— Design Standards for Permanent Monument Signs in Commercial and Industrial Zones Total ROW of Premise Less than 400 feet 400 -599 feet 600 -799 feet 800 -999 feet 1,000 feet and over a. The image of the sign may not change more frequently than once every ten Allowable Sign Message Area 36 square feet per side/72 square feet total 50 square feet per side /100 square feet total 60 square feet per side /120 square feet total 66 square feet per side /132 square feet total 72 square feet per side /144 square feet total Total Allowable Sign She 54 square feet per side /108 square feet total 70 square feet per side /140 square feet total 80 square feet per side /160 square feet total 88 square feet per side /176 square feet total 96 square feet per side /192 square feet total a. Allowable sign message area is either the face panel of the sign, or for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. 2. Setback. All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility 3 Maximum Width. The maximum permitted width of a monument sign is 15 feet. 4. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 5 Undeveloped Rights -of -Way In some areas of the City such as Interurban Avenue where large undeveloped rights -of -way are present, the City shall allow these areas to be considered part of the premise of the adjacent properties and will allow monument signs allowed for the adjacent premise to be placed within these areas. The property owner must W \Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Maximum Height 6 feet 7 feet 7 feet 8 feet 8 feet Number of Signs One One One Two, if there are two or more vehicular street access points. One for every 400 feet of linear street frontage. Each sign must be located near a vehicular street access point. Only one sign per access point. Page 13 of 27 21 22 secure permission from the owner of the right -of -way and also agree to maintain the non- travelled portion of the right -of -way along with his /her adjacent property The sign setback will be calculated from the back edge of the sidewalk or street edge, whichever is further from the street. 6. Signs in Underground Utility Easements and Corridors. Where underground easements and/ or corridors have been established, no signs shall be located in the corridor or easement, unless expressly specific permission is granted by the entity holding the easement. It is the responsibility of all applicants to know the location of all easements on their premise. 19.20.050 Permanent Building- Mounted Signs in Commercial and Industrial Zones. A. Flush- Mounted Building Signs (Wall Signs) 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5 Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Permitted Sign Area Face (EBF) in Square Feet 0 -500 EBF x .05 or 20 square feet 501 -1,500 (EBF -500) x .04 25 square feet 1,501 -3,000 (EBF- 1,500) x .03 65 square feet 3,001 -5,000 (EBF- 3,000) x .02 110 square feet Over 5,000 150 square feet maximum size permitted B. Awning Face Sign. An awning face sign may be substituted for a flush mounted building sign, allowed under Section 19.20.050.A, when the following standards are met: 1. The size of the awning face sign may be no larger than the flush mounted sign that would otherwise be allowed per Table 2. 2. Awning face signs are only permitted on awnings located over a public entrance to a building. 3. The awning face sign may not exceed 30 percent of the total area of the awning on which the sign is located. 4. Only indirect lighting shall be used for awning face signs. 5. The sign may only consist of vinyl or paint applied directly to the awning. 6. In commercial zones awnings may only be constructed of canvas or nylon fabric. C. Projecting Signs. One projecting sign per separate business is permitted in addition to any other type of building- mounted sign when the following standards are met: 1. Projecting signs shall only be permitted for tenant spaces that have a direct ground floor public entrance. 2. No portion of a projecting sign may extend above the lower sill of any second story window on the same exposed building face. 3. No projecting sign may exceed 20 square feet per face or a total of 40 square feet for all faces. 4. Projecting signs may project no more than four feet out from the facade of the building. In no case shall the sign extend beyond the sidewalk which it overhangs. 5 No portion of the projecting sign shall be lower than eight feet above the level of sidewalk or other public right -of -way over which it projects. 6. Projecting signs may utilize rotating mechanical displays. D Corner Projecting Sign. In order to foster an urban -style environment, a corner projecting sign may be substituted for a projecting sign allowed under Section 19.20.050 C, when the following standards are met: 1. Signs shall only be permitted in the TUC and NCC zones. W. \Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 14 of 27 2. Signs are only permitted on the corners of buildings that are built to the minimum zoning setbacks of two public streets or a private street developed to public standards including sidewalks and landscaping. One corner projecting sign is permitted for each corner of a building that meets the above standards. 3. Public entrances must be provided directly from the adjacent public right -of -way into the tenant space in order to qualify for a comer projecting sign. 4. Signs shall be no taller than 25 feet from the bottom -most part of the sign to the tallest part of the sign and may not extend above the wall on which it is mounted. 5. Sign area is limited to 75 square feet per face or a total of 150 square feet for all faces. 6. Signs shall project no more than six feet from the facade of the building. In no case shall the sign extend out beyond the street edge of the sidewalk under the sign. 7 No portion of a sign shall be lower than 12 feet above the level of the sidewalk. 8. Signs may utilize the following dynamic features: neon, chasing lights, flashing lights or rotating mechanical displays. The use of strobe lights, video displays and rotating lights is prohibited. E. Canopy -Edge Sign. A canopy -edge sign may be substituted for a projectbng sign, allowed under Section 19.20.050.C, when the following standards are met: 1. Canopy -edge signs may only be permitted for canopies located above a public entrance to a business. 2. The sign is Limited to a single row of individual letters not to exceed 12 inches in height. 3. The letters may not project beyond the edge of the canopy 4. The length of the sign may not exceed two- thirds of the canopy length. 5. The letters may be illuminated. F. Pedestrian- Oriented Building-Mounted Signs. The signs listed under this section are allowed in addition to the building- mounted signs permitted under Section 19.20.050.A through E. 1. Under Awning/Canopy Sign. a. Under awning /canopy signs must be located adjacent to a public entrance from a public or private sidewalk into a business. b. No more than one sign shall be permitted per business, per facade. c. No sign may exceed three square feet in size. d. No sign may project farther from the building than its associated awning or canopy e. No part of the sign may be less than eight feet above the level of the sidewalk or right -of -way over which it projects. 2. Awning/Canopy Side Sign. a. Only awnings /canopies that are over exterior public entrances are permitted signs. b. Only one awning /canopy per facade may have a sign. c. Awning text and graphics may not exceed 12 inches in height with total sign area not to exceed 40 percent of the awning side area. d. Canopy signs are permitted one line of lettering, not to exceed two thirds the thickness of the canopy or 12 inches, whichever is less. e. Signs shall not project beyond the edge of the associated awning or canopy f. No portion of the sign may be less than eight feet above the sidewalk or other public right -of -way over which it projects. g. Awning signs may only consist of vinyl or paint applied directly to the awning. 3. Permanent Window Signs. a. Permanent window signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Permanent window signs are not permitted to be placed in windows located along private offices, storage space, display windows, residential units or other areas of the building that are not open to the public. b. Only windows along the same facade as a public entrance to the business are eligible for permanent window signs. W \Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 15 of 27 23 24 c. No more than ten percent of the total ground -floor transparent window area along the exposed building face of a business may be occupied by permanent window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. d. No individual sign may be larger than six square feet. e. In no case shall the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the window area. f. The letter height for window signs shall not exceed eight inches. g The signs may be made of gold or silver leaf, vinyl or paint, applied directly to the glass; etched into the glass; neon mounted or suspended behind the glass; or framed and mounted paper signs. Posters that are not framed are not considered permanent window signs and may only be permitted under Section 19.24.080, "Temporary Window Signs." h. If the signs are illuminated, only exposed neon tubing is permitted. 4. Incentive Signage. Businesses may be permitted additional flush mounted building signage on walls fronting their tenant spaces that do not qualify for the signage described in Section 19.20.050.A, under the following circumstances: a. The business or use may not have any other building- mounted signage oriented in the same direction as the incentive sign. b. Architectural interest must be provided through at least one of the following methods: 1) At least 50 percent of the wall area between the height of two and seven feet must be transparent with either an unobstructed view into the business or use, or a display window with a depth of at least three feet. 2) Architectural detailing consistent with the building design using changes in color, materials, texture and variations in the wall plane. 3) Artwork such as mosaic, mural or sculptural relief over at least 50 percent of the wall surface. 4) One or more trellises covering at least 50 percent of the wall area between the height of two and seven feet, planted with climbing vines and other plant materials in a planting bed at least two feet in width and provided with permanent irrigation. 5) The allowable area of the sign is 50 percent of that calculated in "Table 2 Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones" 19.20.060 Pole Banners. A. Pole banners are only permitted in the TUC zone. B. Pole banners may only be attached to parking lot light poles on private property C. Banners may have periodic changes in copy without submittal for a new sign permit. D The maximum area per banner is ten square feet, with a limit of two banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F Annual renewal of the banner permit is required. 19.20.070 Dynamic Displays in Commercial and Industrial Zones. Dynamic signs are strictly prohibited within commercial and industrial zones, except where specifically allowed for designated sign types. Section 6. TMC Chapter 19.24, "Temporary Signs," hereby reads as follows: 19.24.010 Purpose. Temporary signs serve an important economic function and contribute to the success of the City's businesses. However, the City also desires to limit the number of temporary signs and control the placement and size of such signage in order to minimize visual clutter 19.24.020 Application Materials for Temporary and Special Event Sign Permits. All applications to install a temporary sign or other visual communication device shall include: 1. two copies of a completed and signed application form provided by the City; 2. two copies of a site plan showing proposed sign location(s). If applicable, the site plan shall show the location of adjacent streets, buildings, sidewalks and parking areas; 3. two copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations and text; 4. two copies of an elevation of the building wall showing placement of the sign if a building- mounted sign is proposed, 5. length of proposed display; and W \Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 16of27 6. fee, as established in the most current fee schedule. 19.24.030 Temporary Signs in Residential Zones. In addition to the signage permitted under Section 19.12.030, institutional and multi- family uses are permitted the following temporary signage: 1. Each institutional use and multi- family complex is permitted up to two temporary signs per temporary sign permit. 2. The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. 3. Temporary signs may be either flat cloth or vinyl banners, or rigid plastic or cardboard signs. 4. Temporary signs may remain in place for not more than 30 days per calendar quarter. A temporary sign permit from the City is required for each separate display of temporary signage within the calendar quarter. 5. In addition to the temporary signage allowed above, each institutional use and multi- family complex may have up to 12 special event signage permits per year to display signs and devices that would be prohibited under Section 19.12.040.6. The duration of the permit shall not exceed 72 hours. 19.24.040 Temporary Signs in Commercial and Industrial Zones. A. Each business is permitted up to two temporary signs per temporary sign permit. B The total area of all temporary signs displayed under a permit may not exceed 64 square feet in sign face area. C. Temporary signs may be either flat cloth or vinyl banners, or flat plastic or cardboard rigid signs. D Temporary signs may remain in place for not more than 30 days per calendar quarter A temporary sign permit from the City is required for each separate display of signage within the calendar quarter 19.24.050 General Provisions for all Temporary Signs. A. Placement. Temporary signs may only be placed on the wall fronting the tenant space of the applicant that has been issued the temporary sign permit or on the associated premises. The sign must be securely attached, either to the wall if located on the building, or securely tied to stakes located in a landscaped area. Display of temporary signs in any other manner, except as outlined by this code, is strictly forbidden. B. Setbacks. All temporary signs not attached to buildings shall be placed a minimum of five feet from all property lines. No temporary sign more than three feet in height shall be placed within the sight distance triangle of a vehicular access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility 19.24.060 Special Event Signage. Each business operating within the City shall be permitted one special event permit every 24 months. That permit allows: 1. The type and size of temporary signs permitted under Section 19.24.050. 2. Any of the sign types otherwise prohibited under Section 19.12.040.6, "Prohibited Signs and Devices." 3. These signs may remain in place for up to 30 days. 19.24.070 Portable Signs. A. In order to facilitate the orderly movement of automobile traffic and pedestrians, portable signs may be used for limited duration with special permission from the City The use of portable signs is limited to special events such as the holiday shopping season at the Westfield Southcenter Mall, events by the City's Parks and Recreation Department and /or events at Fort Dent Park. B. The City may approve the use of portable signs for special events if all of the following conditions are met: 1. The portable signs are being used strictly to assist motorists and/or pedestrians in navigating City streets and /or commercial properties. The portable signs are not intended to be used for advertising or as a means to circumvent the intent of this code. 2. The placement of the portable signs will not impact public safety 3. The use of the portable signs is part of a larger motorist and /or pedestrian management plan. W Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 17 of 27 25 26 4. The anticipated traffic for the event represents a 50 percent increase above the ordinary traffic for the site that will be hosting the event. 5 The special permit shall be valid for up to 30 days. Portable signs shall be removed within 24 hours following the conclusion of the event. 6. The signs can be safely displayed and placed. C. Real estate directional signs do not qualify for a special portable sign permit. 19.24.080 Temporary Window Signs. A. Temporary window signs do not require sign permits. B. No sign may be displayed for longer than 30 days. C. Signs are permitted to be placed within ground -floor windows that provide a direct line of sight in and out of an area open to the public. Temporary window signs are not permitted to be placed in windows located along private offices, storage space, residential units or other areas of the building that are not open to the public. D Only windows along the same facade as a public entrance to the business are eligible for temporary window signs. E. No more than 15 percent of the total ground -floor transparent- window area of a business along an exposed building face may be occupied by temporary window signs. Spandrel, opaque and mirrored glass do not qualify for window signage. F No individual sign may be larger than six square feet. G. In no case may the total sign area in the window, both of permanent window signs and temporary window signs, exceed 25 percent of the eligible window area. 19.24.090 Political Campaign Signs. A. Political campaign signs do not require sign permits. B Candidate signs may only be installed for candidates who either have publicly declared their intent to run for office or have filed with King County to seek office. C. Initiative signage may be displayed for any initiative in which there is an ongoing drive to collect signatures to place the initiative on a ballot or if the initiative has been filed with the Washington Secretary of State's Office or County Auditor's Office. All signs must be removed within 14 days following the election. D All political campaign signage shall be removed within 14 days following the general election. If a run -off election for a candidate or initiative is required, the signs may remain until 14 days following the run -off election. E. Campaign signs may be placed in the landscaped area or parking strip of a property in which the adjacent property owner controls and maintains the area. No political campaign sign shall be erected on private property without the permission of the property owner or his /her agent. F. Campaign signs are in addition to any sign permitted under Section 19.24.030, "Temporary Signs in Residential Areas." G. Campaign signs. may not be located on real property owned and /or controlled by the City of Tukwila. H. Campaign signs may not be located within street medians or in right -of -way areas not maintained by an adjacent property owner. Section 7. TMC Chapter 19.28, "Variances," hereby reads as follows: 19.28.010 Sign Variance Process. Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals must be made to King County Superior Court. 19.28.020 Sign Variance Application Materials. Applications for sign variances must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the change requested through the variance. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. W. \Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 18 of 27 3 Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. If freestanding signs are proposed, scaled and dimensioned drawing with height calculations. 6. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 7. Method of illumination, if proposed. 8. Details for any dynamic portions of the proposed signs. 9. Written narrative responding to the seven variance criteria found in Section 19.28.030. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property requesting the variance, or the Public Notice Mailing Fee per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as established in the City's current fee schedule. 19.28.030 Variance Criteria. The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is Iocated. 3 Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. 5. The variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, including the Zoning Code, Walk and Roll Plan and /or Shoreline Master Program. 7 Granting of the variance shall result in greater convenience to the public in identifying the business location for which a Sign Code variance is sought. 19.28.040 Variance Not Permitted. In no case shall the Hearing Examiner permit a variance to be issued for a sign type that is prohibited under this code. Section 8. TMC Chapter 19.32, "Master Sign Program," hereby reads as follows: 19.32.010 Intent of the Master Sign Program. The Master Sign Program is intended to provide a voluntary process to allow for adaptation of the standard provisions of the Sign Code to the specific needs of larger sites. The signs approved through this process must be integrated into a coherent design and communication approach for the site, while continuing to meet the overall intent of the Sign Code listed in Section 19.04.020. Signs permitted under this chapter may only list on- premise businesses, products and uses. 19.32.020 Eligibility. Property owners of premises that meet one of the following conditions may apply for approval of a Master Sign Program to customize the standard Sign Code requirements to their specific site conditions: 1. Sites with a gross square footage of 15 acres or more, developed with one or more buildings, totaling at least 200,000 square feet. 2. Uses that provide emergency services (i.e., hospital emergency rooms, etc.) where public safety may be jeopardized by strict compliance with the City's Sign Code. 19.32.030 Process. Master Sign Programs that propose to vary the size, number or location of otherwise permissible signs under Section 19.32.O6O.A will be reviewed administratively by the Director. Programs that propose to allow unique sign types or signs not otherwise permissible under this code, per Section 19.32.O60.B, will be reviewed by the Board of Architectural Review W: Word Processing\ Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 19 of 27 27 28 Amendments to previously- approved Master Sign Programs will be reviewed administratively by the Director. No appeals of Master Sign Program decisions are permitted. Approval of a Master Sign Program does not waive the permit requirements for individual signs. 19.32.040 Criteria. A Master Sign Program may be approved if all of the following criteria are met: 1. The Master Sign Program meets the intent of the Sign Code as well or better than the signage allowed under the standard code provisions. 2. The requested deviations from the code respond to the specific characteristics or use of the premises. 3. The program complies with the applicable standards in this chapter 4. The existing and proposed signage is integrated with an overall lighting scheme for the project site to create a safe, lively and inviting night -time environment if the site is in a commercial zone. 5. No sign related code enforcement violations on the premises for at least one year prior to submitting the Master Sign Program application. 6. The program must contain a schedule for the removal of all non conforming signs on the premise within three years from the date of Master Sign Program approval. 19.32.050 Master Sign Program Application Materials. Applications for Master Sign Programs must be accompanied by the following materials: 1. Three copies of a completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building- mounted and freestanding signs. Highlight the changes requested through the program. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area and height calculations. 4. If building- mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 6. Method of illumination, if proposed. 7. Details for any dynamic portions of the proposed signs. 8. Written narrative justifying the requested deviations from the Sign Code and demonstrating compliance with the standards in this chapter 9. Analysis of sight distance safety if increases in size to monument signs or installation of a grand- monument sign is proposed. 10. Mailing labels for all property owners, tenants and businesses within 500 feet of the subject property for programs reviewed by the BAR, or the Public Notice Mailing Fee, per the City's current fee schedule, if the City is to generate the labels. 11. Payment of fee as listed in the City's current fee schedule. 19.32.060 Allowable Modifications Under a Master Sign Program. A. Modifications to the following standards may be allowed under an administratively approved Master Sign Program: 1. Increase in monument sign total area of up to 25 percent. No increase in height permitted. 2. Increase in the area of a flush mounted building sign, allowed per Section 19.20.050.A, of up to six percent of the exposed building face, up to a maximum of 250 square feet. 3 Aggregation of the building- mounted or freestanding sign area allowed per Table 1 or Table 2 into fewer, larger signs of the same type. 4. Up to four additional directional signs. The directional signs must utilize materials, colors and details consistent with the design of the other site signage. W \Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 20 of 27 B. In addition to the above listed modifications, the following additional sign types may be allowed with Board of Architectural Review approval. 1. Roof signs, subject to the following standards: a. Roof signs may be allowed only within the TUC zone. b. Roof signs may only be permitted on sloping roofs. c. Roof signs may not exceed a maximum height of four feet above the eave of the roof, but in no case may any part of the sign be higher than the peak of the roof. d. Roof signs may not exceed 40 square feet in total size. e. Roof signs may only be individual channel letters supported by an architecturally integrated structure. f. Roof signs may not project beyond the face of the building. g. One roof sign may be allowed per structure. One additional roof -top sign may be permitted if the roof -top signs are approved as part of the design review approval of the structure. 2. Grand monument signs, subject to the following standards: a. Grand monument signs may be allowed only within the TUC and TVS zones. b Each grand monument sign would substitute for one of the monument signs the premises is eligible to install under Section 19.20.040. c. Any poles or columns supporting the sign must have an architectural treatment such as brick, stone or wood cladding that is consistent with the design of the buildings on site. d. Sign message area may be increased up to 100 square feet per side, 200 square feet total and the limitation on structure size is removed. e. The sign structure must be set back from the side and rear property lines of the premise a distance equal to the height increase requested or five feet, whichever is greater The minimum front setback is the smaller of the front yard required in the zoning district or the height increase requested. f. Total height of the sign structure may not exceed the height of the tallest building on the premises. g. No more than two grand monument signs are allowed per premises. 3 Parking structure incentive signs, subject to the following standards: a. Signs may only be flush mounted to the walls of parking structures have two or more above ground parking levels. b. The sign must be designed to allow periodic replacement of the copy Electronic signs are permitted as long as they are operated in a way that does not meet the definition of dynamic sign. c. The sign face must be contained within a frame that is architecturally compatible with the building design. d. Internally- illuminated cabinet signs are not permitted. e. Each sign may be a maximum of 288 square feet in area. f. One wall of the parking structure may have signage, including incentive signage and permanent channel letter signs, that does not exceed eight percent of the exposed parking structure face. All other exposed parking structure walls are permitted signage, including incentive signage and permanent channel letter signs, that does not exceed six and one -half percent of the exposed face area. Ventilation openings may be included in the parking structure face area calculation. g A maximum of two parking structure incentive signs are allowed per parking structure wall. 4. Landmark business wall signs, subject to the following standards: a. Landmark businesses are allowed up to four flush mounted building signs, one for each wall that faces a cardinal direction. b. The allowed sign area is six percent of the total exterior wall of the tenant space, up to a maximum of 500 square feet. c. Landmark businesses that have a portion of their exterior wall obscured by a structure may place their signage on the structure wall parallel to their obscured wall. 19.32.070 Existing Signs Not Conforming to a Master Sign Program. Any new or amended Master Sign Program shall include the removal of any existing, non conforming signs on the W \Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 21 of 27 29 30 premises. The applicant may propose a phased schedule for bringing into conformance all signs not conforming to the proposed or amended program, or Chapter 19.36 of this code, within three years. If phasing is proposed, a financial guarantee acceptable to the Director shall be held by the City until the premises is brought into compliance with the Sign Code and approved Master Sign Program. 19.32.080 Regional Gateway Sign. In addition to the signs otherwise allowed under the Master Sign Program, the City may allow by development agreement on property adjacent to two interstate highways, installation of one sign intended to attract and welcome visitors to the Southcenter area of the City The standards for such a sign shall be set forth in the development agreement. 19.32.090 Binding Effect. After approval of a Master Sign Program, no permanent signs shall be erected, placed, painted or maintained, except in conformance with such plan, and such plan shall be enforced in the same way as any provision in this code. The Master Sign Program shall be referenced to the lease agreements for all leasable space within the project and recorded on the property title. In case of any conflict between the provisions of such a plan and any other provisions in this code, this section shall control. Section 9. TMC Chapter 19.36, "Non- Conforming Provisions," hereby reads as follows: 19.36.010 Purpose. The purpose of this chapter is to establish limits on the use of and requirements for the removal of non- conforming signs. Subject to the remaining restrictions of this chapter, non conforming signs that were otherwise lawful on the effective date of this code, or lawful at the time of their installation, may be continued until their removal is triggered. The provisions of this chapter do not apply to billboards. 19.36.020 Definition and Removal of Legally Non Conforming Permanent Signs. A. All permanent signs that do not conform to the specific standards of this code may be considered legally non conforming if the sign was erected in conformance with a valid permit, if a permit was required, and complied with all applicable laws at the time of the sign's installation. Non conforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Sign Code. B. Any monument sign that was installed in the City prior to the effective date of this code and that exceeds Sign Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conforming sign. C. Grace Period for Permanent Signs that Complied with the Previous Sign Code. 1. Signs that were installed under the City's previous Sign Code, which was adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, and became non conforming after adoption of this code, may be issued a non conforming sign permit that will allow them to remain for a ten -year grace period from the date of last legal face change of the sign. Legal face change shall be defined as the date on which the City last issued a sign permit for a face or copy change for the subject sign. This section does not apply to signs that were classified as "freeway interchange" under the previous Sign Code. D. Sign Modifications During the Grace Period. During the grace period, the sign may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanged. A non conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sign Modifications After the Grace Period. After the grace period, the sign is permitted to remain as -is indefinitely However, application for and issuance of a sign permit that complies with the Sign Code is required for any relocation, re- erection, alteration, replacement or change in any way to a legal, non conforming sign, including the structure or sign panel /face /copy. 19.36.030 Permanent Signs that Did Not Comply with the Previous Sign Code. Permanent signs that did not comply with the City's previous Sign Code, as adopted by Ordinance No. 1274 and amended by Ordinance Nos. 1617, 1649, 1773, 1792, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096 and 2126, are permitted to remain as -is indefinitely, provided the property owner or tenant applies for a non conforming sign permit and is able to demonstrate the signs were legally installed and any modifications complied with the City's Sign Code regulations at the time of the modification. Application for and issuance of a sign permit that complies with this code is required for any change to the structure or sign panel /face /copy or any relocation, re- erection, alteration, replacement or change in any way to a sign covered under this section. W \Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 22 of 27 19.36.040 Non Conforming Sign Permits. A. Non conforming Sign Inventory. The Director shall, as soon as practicable, survey the City for signs that do riot conform to the requirements of this code. Upon determination that a sign is non conforming or illegal, the Director shall use reasonable efforts to so notify in writing the sign owner, and where practicable, the owner of the property on which the sign is located. Notification shall include: 1. whether the sign is non conforming or illegal, and 2. whether the sign may be eligible for a non conforming sign permit. If the identity of the sign owner cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. However, the failure of the City to identify the sign owner shall not relieve the property owner from the requirements of this section. B. Non conforming Sign Permits. 1. Eligibility. A non conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non conforming sign permit is required for all eligible non- conforming signs within the City The sign owner shall obtain the permit within 180 days of initial notification by the City and for any panel or copy changes allowed during the grace period. 3. Applications for a non- conforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Permit Issuance. Any person submitting an application for a non conforming sign permit shall use the forms provided by the Department. The Director shall issue nonconforming sign permits upon a determination of eligibility The Director may require the filing of plans or other pertinent information where such information is necessary to determine compliance with this chapter Appeals shall be filed in accordance with Section 19 12.120. C. Loss of Legal Non conforming Status. Non conforming signs shall either be removed or immediately brought into compliance with this chapter upon the occurrence of one or more of the following events: 1. When a non conforming sign permit is required but not obtained within 180 days of notice of non -conformance. 2. When an application is submitted to the City for a project that is subject to design review, on any non conforming building- mounted signs on the premise affected by the construction and all non conforming free standing signs lose their non conforming status. 3. When any panel or copy changes are proposed after the expiration of the grace period. 4. When the sign meets the definition of abandoned. 5 Damage of 25 percent or more in the value of either the non conforming sign or the structure to which it is affixed. D Maintenance. Ordinary maintenance and repair of a sign shall be perrnitted without Loss of nonconforming status if the cost of all maintenance and repair over a two -year period is less than 25 percent of the cost of replacing the sign. 19.36.050 Existing Freeway Interchange Signs. Signs classified as freeway interchange signs under the previous Sign Code are permitted to remain for a five year grace period starting from the effective date of this ordinance. During the grace period, freeway interchange signs may have unlimited refaces and copy changes provided the area, height, and location of the sign remain unchanged. Relocation or re- erection of the sign during the grace period is not permitted. Application for a non- conforming sign permit is required for all sign face or copy changes to a freeway interchange sign. After the grace period has terminated, application for and issuance of a sign permit that complies with the Sign Code is required for any relocation, re- erection, alteration, replacement or change in any way to the structure or sign panel /face /copy 19.36.060 Non Conforming Temporary Signs. A. Non conforming temporary signs must be removed within 30 days of the adoption of this code or the expiration of their sign permit, whichever comes first. W' \Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 23 of 27 31 32 B Commercial real estate signs in existence in the City prior to the adoption of this code are permitted to remain for up to three months, after which time the signs must be removed and any future signage must comply with the terms of this code. 19.36.070 Additional Signage Prohibited. No additional permanent building- mounted signage is permitted on a tenant space that contains a non- conforming sign. No additional permanent freestanding signs are permitted on a premises that contains a non- conforming freestanding sign. 19.36.080 Financial Incentives Tukwila International Boulevard Corridor. In order to assist with the removal of non conforming signs within the Tukwila International Boulevard Corridor, the City Council may develop a grant program to provide financial incentives to property owners and businesses. 1. Applications to the grant program shall be reviewed quarterly and approved by the Director, subject to the availability of allocated funds. 2. In order to be eligible for grant funding the project must comply with the following requirements: a. Sites must be located within the Tukwila International Boulevard Redevelopment Area, Zoning Code Figure 18 -9 b Removal of non- conforming signs listed in Section 19.36.030 shall have a higher priority than removal of non conforming signs listed in Section 19.36.020. c. Payment of the grant award shall not occur until after the sign has been removed and properly disposed of. d. No applicant or business shall receive more than $2,000 from the grant. e. The Director is hereby authorized to develop written procedures for award and administration of the grant funds. Section 10. TMC Chapter 19.38, "Billboards," hereby reads as follows: 19.38.010 Purpose. The purpose of this chapter is to establish regulations for the use of billboards within the City The City desires to establish a process that will allow some use of billboards within certain areas of the City while at the same time working to remove billboards in areas of the City where the use of such signs is no longer appropriate or desired. 19.38.020 Billboard Receiving Areas Established. New billboards shall only be permitted in designated receiving areas. 19.38.030 Billboard Sending Areas Established. All areas of the City that are not designated as receiving areas in TMC 19.38.020 are hereby designated as billboard sending areas, from which billboards must be removed before construction of the billboard in the receiving area can commence. 19.38.040 New Billboards. No new billboards, neither digital nor standard, will be permitted within the City unless the applicant reduces the total number of existing billboards within the City sending areas. 1. Installing new billboards within designated receiving areas requires securing the removal of existing billboards within designated sending areas. 2. Table 1 shows the ratio that will be used to determine the number of billboards that must be removed (cut to or below grade, including removal of the pole structure) within designated sending area. The ratio outlined in Table 1 shall only be valid for five years following the effective date of this title. Removal of all billboards included in an application for a new billboard must be removed before construction can commence on the proposed billboard. Table 1 Type of Billboard Proposed in I Number of Billboard Faces That Must Be Designated Receiving Area Removed Within Designated Sending Areas One Static Billboard Faces I Three billboard faces One Digital Billboard Faces 1 Five billboard faces I 3 Five years after the effective date of this code, the ratio outlined in Table 1 shall expire and the ratio in Table 2 shall be used to determine the number of billboards that must be removed with designated sending areas in order to install a billboard within designated receiving areas. Removal of all billboards included in an application for a new billboard must be completed before construction can commence on the proposed billboard in the application. W \Word Processing \Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 24 of 27 Type of Sign Proposed in Designated Receiving Area One Static Billboard Face One Digital Billboard Table 2 Number of Billboards That Must Be Removed Within Designated Sending Areas Five billboard faces Seven billboard faces 4. The following requirements shall apply to new billboards within designated receiving areas: a. No more than two faces are permitted for each billboard structure. b. Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety. Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify requires message duration and length of display for both public service announcements and emergency alerts. c. Billboards shall be spaced at least 500 feet away from any existing or proposed billboard. d. Billboards shall not exceed a height of 35 feet. e. No portion of the billboard shall be within ten feet of any adjacent right of way f. No portion of the billboards foundation shall be within 15 feet of the adjacent right of way. The billboard shall meet any required side or rear setback in the zone in which it is located. 1) Lighting of billboards: a) The billboard may be illuminated, non digital billboards shall utilize lights which shine directly on the sign structure. Digital billboards shall not operate at a brightness level of more than .3 foot candles above ambient light as measured using a foot candle meter at a pre -set distance as outlined in Table 3 Table 3 Billboard Style I Dimensions I Measurement Distance I Posters I 12 x 24 feet I 150 feet Bulletins I 14 x 48 feet I 250 feet I b) Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. c) The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Table 3 above shall be permitted. d) If a digital display is proposed, the rate of change for the sign shall not exceed a frequency of more than once every minute. The Director of DCD and the Director of PW shall have the authority to modify the rate of change if the applicant provides sufficient documentation that a more frequent rate of change will not pose a safety risk to adjacent roadways. The City shall have the right to have any documentation provided by the applicant peer reviewed by a third party and the applicant requesting to install the billboard shall pay the full cost for the third party review In no case shall the DCD and PW Director permit a rate of change that is more frequent than once every six seconds. e) One sign, 8.5 square feet in size shall be permitted to be attached to the billboard. The sign can only be used to identify the operator of the billboard. Address or billboard identification numbers are permitted and shall not exceed an area of three square feet. 19.38.050 Refurbishing Existing Billboards. Existing billboards within designated sending areas may be refurbished and upgraded, subject to the following standards: W' \Word Processing Ordinances \Sign Code Title 19.docx Btvt:ksn 06/10/2010 Page 25 of 27 33 34 1. The refurbished billboard must remain on the same premise. 2. The applicant shall demonstrate that the billboard that is being refurbished was legally installed. 3. The number of faces for the billboard remains the same or is reduced from the existing billboard. 4. The height of the billboard may not be increased. 5 Setbacks for the billboard remain unchanged. If the setbacks do not comply with setbacks for the underlying zoning, the billboards can be relocated provided they come closer to complying with the required setbacks. In no case shall the billboard be moved closer to a property zoned LDR, MDR or HDR. 6. Non digital billboards cannot be refurbished or upgraded to either be tri- vision or digital displays. 7 Improvement of Iighting is permitted. Foot candles produced by the billboard may not extend offsite. 8. Additional signage may be attached to sign provided it complies with Section 19.38.040.H. 9 Area of an individual face shall not exceed 500 square feet. The area of a face can be increased to up to 672 square feet if the billboard operator agrees to make the billboard available for public service announcements and emergency alerts. Public service announcements shall include, but not be limited to, advertising for civic events such as Tukwila Days and the Backyard Wildlife Fair Emergency alerts shall include those messages necessitating the immediate release of information pertaining to the protection and preservation of public safety Emergency alerts include, but are not limited, Amber Alerts and emergency evacuation orders. The Director of Community Development, working with the Director of Public Works, Director of Parks and Recreation, Police Chief, and Fire Chief, shall develop administrative rules that shall be used for public service and emergency alerts. The rules shall specify required message duration and length of display for both public service announcements and emergency alerts. 19.38.060 Application Materials for Billboards within the City. All applications to install a billboard shall include the following: 1. Three copies of completed and signed application form provided by the City 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and proposed location of the billboard. The site map shall clearly show the location of the billboard footings and the edge of the billboard structure. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor, if such site plan will assist in the City's review of the proposed application. 3. Three copies of a vicinity map showing the location and distance in feet of any other billboards located within 600 feet. 4. Three copies of scaled and dimensioned drawings of the proposed billboard. The drawing shall also indicate if the billboard will be a static or digital billboard. 5. Three sets of scaled and dimensioned footing design and height calculations. 6. Specific location of billboards proposed to be removed in compliance with Section 19.38.040 three sets of structure calculations. 7 If a digital billboard is proposed, a site plan shall be provided showing proposed foot -candle distribution pattern. 8. If the rate of change on a digital billboard is proposed to exceed the permitted rate of change found in Section 19.38.040.G, the applicant shall provide three sets of a traffic safety study specific to the proposed location of the digital billboard. The study shall examine specific traffic impacts of the proposed digital billboard, including potential distraction to motorists and impact to traffic flows. The City Engineer may request that additional factors be examined based on specific site issues. 9 Fee as established in the most current fee schedule. 10. One copy of a valid Washington State contractor's license or owner's affidavit. W \Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Page 26 of 27 11. Tukwila business license number for the sign contractor, if applicable. Section 11. Repealer. Ordinance Nos. 1274, 1617, 1649, 1770 (part), 1773, 1838 §17, 1857, 1892, 1913, 1964, 1982, 2004, 2019, 2096, and 2126, are hereby repealed. Section 12. Severability. If arty 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 pbrtions of this ordinance or its application to any other person or situation. Section 13. 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 2010 ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney Attachments: A Definitions with photographs examples B Sign height drawing C Sign placement drawing W \Word Processing Ordinances \Sign Code Title 19.docx BM:ksn 06/10/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number. Page 27 of 27 35 36 Sign Code Update The following matrix compares the current Sign Code to the Planning Commission Draft Recommended Sign Code. Permanent Signs in Commercial / Industrical Zones 38 N C l0 N C O N E 0 N 4. 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Committee members were complimentary of the additional research that staff conducted regarding the ordinance. They identified the comparison table on page 8 of the Committee agenda packet as well as information on ordinances of other cities as very useful. Committee Member Seal mentioned the importance of identifying and recognizing the unintended consequences that may surface as a result this ordinance. She believes that there is great benefit of a full Council discussion on the staff recommendations. Several members of the public were in attendance at the Committee meeting. The following concerns were expressed: Snow Removal Under the draft ordinance, snow removal (on private property compared to public), is considered property maintenance, and could not begin until daytime hours, as defined by the ordinance. Maintenance /Construction Clarification An attendee inquired about the difference between maintenance and construction in regards to work currently being conducted by Sound Transit. Staff responded that the work falls under property maintenance in the draft ordinance and would require a variance for nighttime work. Specific Zoning Excentions In response to concerns over unintended consequences, a suggestion was made to consider specific zoning exceptions rather than imposing a blanket rule on an entire zoning area. The Committee thanked the citizens for their input and interest in the draft ordinance, and reminded them of the importance of attending Council meetings to express their concerns during the citizen comment opportunity. Due to the magnitude of this issue and the importance of a full Council discussion on the item, the Committee deferred making a recommendation. NO COMMITTEE RECOMMENDATION. FORWARD TO JUNE 28 COW FOR DISCUSSION. D. Sian Code Ordinance Staff is seeking Council approval of a draft ordinance establishing a new Sign Code for the City, replacing the current Sign Code which was written in 1982. The draft Code, presented in draft ordinance format has been reviewed and is recommended by the Planning Commission. A brief overview of the public participation and outreach process for the creation of this draft ordinance was given (documented in detail on page 14 of the Committee agenda packet). The process began in 2007 with the formulation of a Sign Code Advisory Committee. The Sign Code Advisory Committee was concerned specifically with identifying the vision of Tukwila in regards to signage. The Committee did not become involved with the details of the draft ordinance. Other milestone dates include: a joint City Council /Planning Commission meeting held in January 2009, and the Fall of 2009 when the Planning Commission began review of the new Code. The following list highlights differences between the existing and new Sign Code: Due to basing signage regulations on the size of property, the new Code will increase the number of signs allowed for many of Tukwila's businesses. In order to be consistent with new development patterns, the type of building mounted signs is being amended. 43 44 Community Affairs Parks Committee Minutes June 14 2010 Paae 3 There will be a shift from the use of pole /pylon signs to monument signs. No new additional freeway interchange signs will be approved (allows for a five-year face /copy change to existing signs after which sign can remain indefinitely with no changes); however, grand monument signs will be allowed. Creation of a Master Sign Program, geared to larger properties /developments (at least 15 acres and 200,000 square feet of building) encouraging a voluntary process working directly with City staff for a signage plan tailored to the site. Signs which are non conforming to the new Code will be afforded a 10 -year grace period for compliance. During the grace period face /copy changes can be made to the sign, and the sign can remain indefinitely after the grace period with no further changes to the face /copy. When there is a change to the face /copy after the grace period, the sign must be brought into compliance with the new Code. The new Code strives to remove billboards from the Tukwila International Boulevard corridor. Committee Member Hernandez asked for clarity on digital (electronic) versus dynamic signage Brandon Miles explained that on a digital sign, an electronic image appears, holds for a set amount of time, goes away and then a new image appears. Although digital billboards are allowable in receiving areas under the new Code, in order for this to happen, an applicant must secure removal of a number of existing billboards. In contrast, a dynamic sign is any sign that incorporates physical movement of the sign, but may not necessarily incorporate electronic images. Any entity that meets the definition of institutional use may use a digital signage (i.e.: school, community center, fire department, church). Mr. Miles also commented that staff would be working on clarifying the definition of banner. Members of the public were in attendance at the Committee meeting. Mr. Bob Schofield, a local property owner and developer, distributed copies of property pictures and a property site plan, and explained his view on how the Code negatively impacts small businesses. Committee Chair Duffle thanked Mr. Schofield for his input on the draft Code. He explained that, at the Committee level, citizen comments, as well as handouts provided by citizens are not entered into an official Council record. Mr. Scholfield was encouraged by Committee Members to re- express his concerns at the June 28 Public Hearing on this issue. At that time, his comments as well as any handouts will be given to the City Clerk's Office and entered into the record. Mr. Schofield's additional concerns included that the Sign Code Advisory Committee was not representative of small business owners, and that information provided at tonight's Community Affairs Parks Committee meeting was incorrect. He stated that he does not want the new Sign Code to move forward to the Council, he wants to work with City staff on small business issues, and that he has new information from that which he previously shared with the Planning Commission. Committee Member Hernandez commented that she does not want to see small businesses suffer a severe impact from requirements imposed by a new Code, and that it will be important for the Council to address policy issues in the new Code that impact small businesses. Mr. Miles offered to meet with Mr. Schofield to discuss how the draft ordinance impacts his properties. Any substantive changes that he may request would need to be decided upon by the City Council. Due to the magnitude of this issue and the importance of a full Council discussion on the item, the Committee deferred making a recommendation. NO COMMITTEE RECOMMENDATION. FORWARD TO JUNE 28 COW FOR PUBLIC HEARING AND COUNCIL DISCUSSION. E. Comprehensive Plan Amendments Staff is seeking full Council determination of whether or not to forward the proposed 2010 Comprehensive Plan Amendments to the Planning Commission for further consideration, review and public hearing. Staff summarized and provided a brief overview of the Comprehensive Plan Amendments annual review process. Three applications (two public, one City) have been submitted for the City's consideration as described below: 1 CAS NUMBER: 10-074 AGENDA ITEM TITLE Donation of Surplus Fire Equipment EXPENDITURE REQUIRED $0 Fund Source: N/A Comments: MTG. DATE 6/28/10 MTG. DATE 6/28/10 10 -074 COUNCIL AGENDA SYNOPSIS Initials Meetznn Date Prepared by 1 May review I ,..council review 06/28/10 WO 1 14,144 07/06/10 MO 1 I I I ITEM INFORMATION 10RIGINAL AGENDA DATE: JUNE 22, 2010 CATEGORY Discussion Motion Resolution n Ordinance n Bid Award Public Hearing Other Mtg Date 06/22/10 Mtg Date Mtg Date 7/6/10 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Counczl Mayor n Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Surplus used rescue tools to King County Fire Protection District 11 and Salmon River Fire SUMMARY Department in Idaho (a former donation recipient); surplus backboards to King County Fire Protection District 43 (Maple Valley) for their MCI (Mass Casualty Trailer) REVIEWED BY 1 1 COW Mtg 1 CA &P Cmte F &S Cmte Utihttes Cmte Arts Comm. 1 1 Parks Comm. 1 Planning Comm. DATE: 6/22/10 RECOMMENDATIONS: SPONSOR /ADMIN Fire COMMII unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 6/4/10 Resolutions in Draft Form Minutes from the Finance and Safety Committee Meeting of 6/22/10 ITEM No. n Transportation Cmte 45- 46 City of Tukwila INFORMATIONAL MEMORANDUM TO. Mayor Haggerton Finance and Safety Committee FROM: Chris Flores, Assistant Fire Chief DATE: June 4, 2010 SUBJECT: Donation of Surplus Rescue Tools and Medical Backboards ISSUE Two requests have been fielded regarding the donation of two surplus Amkus (Jaws of Life) hydraulic rescue systems. In addition, the Fire Department would like to surplus and donate 15 medical backboards to Maple Valley Fire and Life Safety (MVF &LS). Jim Haggerton, Mayor BACKGROUND Our department has been able to replace and update all of the aged and technologically inferior Amkus hydraulic rescue systems with modern Holmatro hydraulic rescue systems This replacement funding resulted from Sound Transit Mitigation fees. North Highline Fire District (Washington), and Salmon River Fire Department (Idaho) have requested the donation of one unit to each of their respective departments. Until the recent addition of two Mass Casualty Trailers (MCI), funded by Sound Transit, our capabilities were limited to little more than a dozen trauma patients, served by a smaller version of the MCI unit housed on a reserve aid car. The added trailers serve 100 patients each DISCUSSION According to our industry representative, there is not a large market for this equipment Having recently replaced all of our units with modern equipment, the fire department has no use for this old equipment and desires to surplus it. Although originally thought to have a value of $2,000- $4,000, it has become apparent that there is no market for such equipment, thus, rendering it valueless. The older medical backboards hold little to no resale value and would serve Zone 3 better if transferred to a smaller MCI unit being hosted by MVF &LS. The systems, for which surplus and donation have been requested, are of no value to the department and the city. RECOMMENDATION Two resolutions have been drafted to: (1) authorize the surplus and donation of one of each Amkus Rescue Systems to the Salmon River Idaho Fire Department and to the North Highline Fire District; and (2) to move 15 medical backboards from the Tukwila Fire Department inventory, to be transferred to the MCI unit being hosted by Maple Valley Fire and Life Safety. The Committee is being asked to forward both resolutions for consideration at the June 28, 2010 Committee of the Whole meeting and subsequent July 6, 2010 Regular Meeting ATTACHMENTS Draft Resolutions 47 48 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING 15 MEDICAL BACKBOARDS SURPLUS, AND AUTHORIZING THEIR TRANSFER TO A ZONE 3 SHARED RESOURCE, MCI 81 (MASS CASUALTY INCIDENT APPARATUS), HOSTED BY THE MAPLE VALLEY FIRE AND LIFE SAFETY DEPARTMENT. WHEREAS, the City of Tukwila recently purchased two new Mass Casualty Incident Trailers, complete with 100 medical backboards per trailer; this purchase was made with Sound Transit mitigation funding; and WHEREAS, 15 of the Fire Department medical backboards are outdated, have outlived their usefulness to the Department, and have little to no monetary value, and WHEREAS, the City of Tukwila's Fire Department wishes to surplus and donate this equipment by transferring 15 medical backboards to MCI 81, a shared regional resource, hosted by the Maple Valley Fire and Life Safety Department; NOW, THEREFORE, THE C11 Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. Fifteen medical backboards are hereby declared to be surplus. Section 2. Mayor Authorized to Donate. The Mayor is hereby authorized to donate 15 medical backboards to the Maple Valley Fire and Life Safety Department. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney W \Word Processing Resolutions \Surplus Backboards.docx CF:ksn 6/17/2010 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council. Resolution Number Page 1 of 1 49 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING THEIR DONATION. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney WHEREAS, the City of Tukwila recently purchased three new Holmatro Rescue Systems and accessory equipment "Jaws of Life" hydraulic rescue tool systems), purchased fully with mitigation funding provided by Sound Transit, to replace its worn Amkus Rescue Systems and accessory equipment; and WHEREAS, the Amkus Rescue Systems and accessory equipment have outlived their usefulness, are no longer needed by the City of Tukwila's Fire Department, and there is no re -sale market for such equipment; and WHEREAS, the City of Tukwila's Fire Department wishes to surplus and donate one each of the Amkus Rescue Systems and accessory equipment to the Salmon River, Idaho Fire Department and the North Highline Fire Department; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. Two Fire Department Amkus Rescue Systems and accessory equipment are hereby declared to be surplus. Section 2. Mayor Authorized to Donate. The Mayor is hereby authorized to donate to the Salmon River, Idaho, Fire Department and the North Highline Fire Department, one to each department, the two Fire Department Amkus Rescue Systems and accessory equipment. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 W \Word Processing \Resolutions \Surplus Amkus.docx CF:ksn 6/17/2010 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council. Resolution Number Page 1 of 1 51 52 FINANCE AND SAFETY COMMITTEE Meeting Minutes June 22, 2010 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: De'Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy Staff: Shawn Hunstock, Peggy McCarthy, Don Lincoln, Chris Flores, Steve Lancaster and Kimberly Matej CALL TO ORDER: Chair Quinn called the meeting to order at 5:01 p.m. L PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Surplus Fire Equipment Staff is seeking full Council approval of two resolutions declaring Fire Department equipment surplus, and authorizing its donation. 7- City of Tukwila Finance and Safety Committee Resolution: Jaws of Life The Fire Department recently replaced two aging and inferior technology hydraulic rescue systems (Jaws of Life). Although considered inferior to current technology, this equipment is still functional and usable. Two fire entities have requested donation of this equipment: North Highline Fire District in Washington and Salmon River Fire Department in Idaho. There is no resale value to the Department or City for this equipment. UNANIMOUS APPROVAL. FORWARD TO JUNE 28 COW FOR DISCUSSION. Resolution: Medical Backboards A recent purchase of two Mass Casualty Incident Trailers included 200 new medical backboards. The Fire Department is requesting the surplus and donation of 15 outdated medical backboards to the Maple Valley Fire and Life Safety Department. This equipment will remain as a shared regional /zone resource. There is no monetary value associated with this equipment. UNANIMOUS APPROVAL. FORWARD TO JUNE 28 COW FOR DISCUSSION. B. Investment Policy At the May 18 Finance Safety Committee meeting, Peggy McCarthy spoke to some changes that were forthcoming in regards to the City's Investment Policy. As an information only item, she provided an overview of those changes as listed below: Increase maximum maturity on long -term investments from four years, to between five and ten years, depending on the investment instrument. 6 Increase average portfolio maturity from two years, to three and a half years. Longer maturities lead to more investment income for the City. Staff does not anticipate that these changes will compromise the City's liquidity. INFORMATION ONLY. C. Travel Policy Update This item was originally brought to the Finance Safety Committee, as an information only item, on April 20, 2010. At that time, the Committee requested additional information as to how this policy compares to that of other cities as well as the issue of compensable wages as a fringe benefit. 53 54 1 CAS NUMBER: 10-075 COUNCIL AGENDA SYNOPSIS Lntzals Meeting Date Prepared by I Mayor's review 1 Mounal revzezv 06/28/10 RF 1 Y4k4 07/06/10 RF ITEM INFORMATION 1 ORIGINAL AGENDA DATE. JUNE 28, 2010 AGENDA ITEM TITLE Annual Comprehensive Plan /Zoning amendments for 2010 CATEGORY Discussion Motion Resolution Ordinance n Bid Award Public Hearzng Other Mtg Date 6/28/10 Mtg Date 7/6/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 6/28/10 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PJV SPONSOR'S Tukwila may amend its Comprehensive Plan /Zoning map once per year, through a process SUMMARY involving review by the City Council and Planning Commission with opportunities for public comment during each review. A public meeting is scheduled on June 28, 2010 to receive comments on three applications to be considered in 2010. At the Regular meeting, of 7/6/10 the City Council will decide whether to forward the applications to the Planning Commission for additional consideration, and a recommendation. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 06/14/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE Fund Source: Comments I MTG. DATE 06/28/10 1 1 EXPENDITURE REQUIRED $0.00 MTG. DATE 06/28/10 AMOUNT BUDGETED $0.00 RECORD OF COUNCIL ACTION ITEM No. 4 C. APPROPRIATION REQUIRED $0.00 ATTACHMENTS Informational memorandum dated 6/7/10, with attachments Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 56 City of Tukwila INFORMATIONAL MEMORANDUM TO: Community lairs and Parks Committee FROM: Jack Pace, V Community Development Director DATE: June 7, 201 I SUBJECT: ANNUAL COMPREHENSIVE PLAN AMENDMENTS ISSUE The City of Tukwila received two applications for Comprehensive Plan amendment/Rezone for review during 2010. In addition, a "housekeeping" amendment is sought to correct a mapping oversight that occurred when portions of the Tukwila South project area were annexed to Tukwila in 2009. The City Council is being asked to hold a public meeting to hear citizen comments on the requests under consideration for Comprehensive Plan amendment and rezone. After the public meeting and discussion, the City Council will decide whether to forward the proposed amendments to the Planning Commission for further consideration and hearing. BACKGROUND The City of Tukwila's Comprehensive Plan is a document created in 1995 that sets out the goals, and policies that guide the community as it accommodates growth and change over time. It is a blueprint for growing responsibly. The Washington State Growth Management Act (GMA) gives Tukwila the opportunity to amend the Comprehensive Plan once a year, unless it is an emergency Anyone can request an amendment through the application process, including residents, business owners, Council members and City staff. Proposed amendments may include changes to policies or the future land use map. Tukwila's Comprehensive Plan land use map and zoning map are required to be consistent. Therefore, any change to the Comprehensive Plan land use map also requires rezone /change in the zoning map. To be eligible for consideration, applications for proposed amendments must be submitted by December 31. Applications are then reviewed during the following year. The amendment process involves two separate reviews by the City Council, and a review by the Planning Commission. There are opportunities for public comment at each stage. Screening: In the first review, the Council holds a public meeting, reviews feedback, and identifies the amendments that will be analyzed and considered in the cycle. The City Council uses adopted criteria in selecting Comp Plan amendments to consider, and forward to the Planning Commission. The decision criteria are the following: Jim Haggerton, Mayor 1 Is the issue already adequately addressed in the Comprehensive Plan? 2 If the issue is not adequately addressed in the Comprehensive Plan, is there a public need for the proposed change? 3. Is the proposed change the best means for meeting the identified public need? 4 Will the proposed change result in a new benefit to the community? 57 INFORMATIONAL MEMO Page 2 After considering the criteria, the Council shall make a motion either to: 1. Refer the proposal to the Planning Commission for review; 2. Modify the proposal and refer it to the Planning Commission; 3. Defer consideration for one year to get additional information; or, 4. Reject the proposal Analysis: City staff and the Planning Commission then analyze the possible amendments that the Council identified in the threshold screening. The Planning Commission holds a hearing, and makes a recommendation Final Action: By the fall of each year, staff submits an ordinance containing the Planning Commission's recommended amendments for the Council to consider. In the case of a map change, a rezone is also required. In this case, two ordinances are prepared, one to amend the Comprehensive Plan map, and one to change the zoning map. Council reviews the staff work, hears from the public, and then considers adoption of the proposals. A final, amended ordinance, adopted by the Council before December 31, adds the selected amendments into the Comprehensive Plan Review Process: The procedure for City Council review is illustrated by Attachment A. Consideration of site specific rezone is a quasi-judicial decision Establishing area -wide zoning is a legislative decision. DISCUSSION: Applications- The requests are described briefly below. Application 1— Wooden LLC., Redesignate two lots from Manufacturing /Industrial Center —Light (MIC /L) and Low Density Residential (LDR) to Office (0) File #L08 -081— Comprehensive Plan Amendment File# L08- 082 Zoning Code Amendment). The applicant Wooden LLC. seeks to amend the Comprehensive Plan and Zoning Map to redesignate two parcels, located in the vicinity of 3914 S. 115 Street, Tukwila, to "Office." One parcel zoned Manufacturing /Industrial Center —Light (M /IC -L) is now being used to store construction equipment. It is adjacent to Duwamish Riverbend Hill Park, and is included in the park's master plan. The second lot, now zoned Low Density Residential (LDR), is vacant. (Attachments B through H) Review Criteria: Per TMC 18.80.060, the Council considers the following criteria in deciding whether to forward the application to the Planning Commission for review: 1 Is the issue already adequately addressed in the Comprehensive Plan? Aspects of the requested change designation are addressed in several goals and policies 58 Rf 2 06/09/2010 H: \COMP PLAN 2009- 20101CC.process.THRESHOLD\CC MEMO -6.9 10- -2010 Public Meeting.doc INFORMATIONAL MEMO Page 3 Tukwila Comprehensive Plan Objective #1 is "To improve and sustain residential neighborhood quality and livability." Goal 7.2 Noise Abatement Residential neighborhoods protected from undue noise impacts, in order to ensure for all residents the continued use, enjoyment and value of their homes, public facilities and recreation, and the outdoors Goal 7.3 Overall Land Use Pattern —A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses Policy 11.1.6— Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. Rezoning in the vicinity of the Riverbend Hill Park area is addressed in the following: Plan Goal 1.2— "Historic Preservation —A heritage conserved and interpreted so that Tukwila's citizens can be aware of connections with the past." Policy 1.2.5— "Develop and implement plans, projects, and programs to protect and promote the historical legacy of the Green River Valley and its natural and built environment." Goal 1.5 —A riverfront that is accessible, developed, and appreciated as a major amenity of the community and region. 2.If the issue is not adeauatelv addressed in the Comprehensive Plan, is there a need for the proposed chanae? The proposed amendment draws attention to the current MIC /L designation, which may not be the most appropriate for the location i.e. adjacent to a City park, and separated geographically from the remainder of the Manufacturing /Industrial Center. Rezones and Comprehensive Plan changes are exempt from the current moratorium on development in the MIC area. 3.1s the proposed chanae the best means for meetina the identified Dublic need? Changing MIC -L to Office provides a buffer for nearby residential zones. Changing LDR to Office removes potential residential uses, and interjects Office into a residential area. 4, Will the proposed chanae result in a net benefit to the community? The proposed change could benefit the community by allowing a lower- impact office -type use to develop on the site, rather than light manufacturing. However, extending an office -type use into the residential area limits future single family residential activity on the second site. Rf 3 06/09/2010 H: \COMP PLAN 2009 2010 \CC.process.THRESHOLD \CC MEMO -6.9 10 -2010 Public Meeting.doc 59 INFORMATIONAL MEMO Page 4 Application 2— Macadam LLC Development Redesignate property from Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) File #L09- 067 Comprehensive Plan File #L 10- 002 Rezone The applicant, Barry Becker, is requesting to redesignate one parcel from Commercial /Light Industrial to Medium Density Residential (MDR) at 4300 S. 133 Street, Tukwila, WA (Parcel 261320- 0131). The majority of the vacant property contains environmentally sensitive areas, including a Type 2 stream, a Type 2 wetland, and their associated buffer areas. It also includes a steep slope with moderate potential for geologic instability. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. In order to remedy these issues, the applicant applied for and has received a 50% buffer reduction to work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation and increase developable space on the site. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction, and to proceed with consideration of the Comprehensive Plan amendment and rezone. (Attachments I through L) Per TMC 18.80.060, the Council considers the following criteria in deciding whether to forward an application to the Planning Commission for review: 1. Is the issue already adequately addressed in the Comprehensive Plan? The proposed Comprehensive Plan change /Rezone from CLI to MDR is not currently addressed in the Comprehensive Plan, although the need for a variety of housing stock and healthy neighborhoods is. The MDR zoning could provide a transition between single family zoning to the west, and light industrial zoning to the east. 2.If the issue is not adequately addressed in the Comprehensive Plan. is there a need for the proposed chance? The proposed Comprehensive Plan change would enable the property to be used for housing. The significant amount of wetland, watercourse and buffer limits the lot's usable area. 3. Is the proposed change the best means for meeting the identified public need? The proposed change from CLI to MDR would allow housing to be built. 4. Will the proposed change result in a net benefit to the community? The proposed change will create the opportunity for an increased supply of new housing, but will remove the opportunity for a commercial /light industrial use. Application #3— Tukwila South Annexation Establish Zoning The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map Staff requests that this "housekeeping" matter be corrected through a zoning map change This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment /Rezone applications had passed TMC 18 80.020 2 allows 60 Rf 4 06/09/2010 H: \COMP PLAN 2009- 20101CC.process. THRESHOLD \CC MEMO -6.9 10- -2010 Public Meeting.doc INFORMATIONAL MEMO Page 5 an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well -being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. (Attachments M N) Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta, Inc. setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use man and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic "underlying zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Issue: The City Attorney has indicated that the Annexation Ordinance 2241) established Tukwila South overlay zone as the applicable zoning for the annexed area. However an overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, Recommendation: Staff recommends the following to correct the inconsistency: Establish "underlying" zoning that is consistent with the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. Rf 5 06/09/2010 H: \COMP PLAN 2009-2010 \CC.process.THRESHOLD\CC MEMO -6.9 10 -2010 Public Meeting.doc 61 INFORMATIONAL MEMO Page 6 RECOMMENDATION After taking public comments on June 28, 2010 at the Committee of the Whole, the Council is being asked to consider each proposal, and decide by motion from among the following at its Regular meeting on July 6, 2010: Refer the proposal as is to the Planning Commission for further review; Modify the proposal and refer to the Planning Commission for further review; Defer consideration until a later time to get more information, Reject the proposal. The decision is not whether to adopt the proposal, but rather whether it should be reviewed in greater detail. ATTACHMENTS A. Chart Comprehensive Plan amendment process B. Requested Zoning Wooden LLC —MIC /L and LDR to 0 C. Aerial Map Wooden LLC —MIC /L and LDR to 0 D. Application Wooden LLC —MIC /L and LDR to O— Comprehensive Plan Amendment (File #L09 -064) E. Application— Wooden LLC —MIC /L and LDR to 0—Rezone (File #L09 -064) F. Letter —Bruce Fletcher G. Comment letter —John Walker H. Comment letter Stanley Hoffman I. Map Requested Zoning— Macadam LLC —C /LI to MDR J. Aerial Map— Macadam LLC —C /LI to MDR K. Application— Macadam LLC— Comprehensive Plan Amendment (File #L09 -067) L. Application— Macadam LLC— Rezone (File #L10 -002) M. Requested Zoning for Tukwila South Annexation Area N. Application Tukwila South Annexation Area Establish zoning (Fite #L10 -035) 62 Rf 6 06/09/2010 H:ICOMP PLAN 2009- 20!01CC.ptocess. THRESHOLD\ CC MEMO -6 9 10- -2010 Public Meeting.doc Attachment A Comprehensive Plan Amendment Process Options for Council Review - Screening Review Actions 63 64 Attachment B Proposed MIC/L to O Proposed LDR to O Plat Map 66 L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) j// Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) Zoning Lines ATTACHMENT J ir Macadam LLC e 419' 91 Aerial Photo Map 68 Attachment D Department of Community Development 6300 Southcenter Boulevard, T ;dicwila, WA 98188 Telephone: (205) 431 -3670 F.-1X (206) 431 -3665 E -mail. tukplan @ci.tukNila.wa.as ATTAC62 INT D. FOR STAFF USE ONLY Permits Plus Type: P -CPA COMPREHENSIVE PLAN AMENDMENTS APPLICATION File Number: L09-064 Application Complete (Date: 4/10/10 Project File Number: Application Incomplete (Date: 1/26/10 Other File Numbers: L09-065 Rezone NAME OF PROJECT /DEVELOPMENT: Wooden III LLC (MIC-L and LDR to O) LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3914 South 115th Street and adjacent Lot parcel 1023049072 and 3351400005 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 1023049072 3351400005 1023049063 DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the owner /applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: Josh Johns or Eric Cobb, E. Cobb Architects Address: 911 Western Avenue #318 Phone: 206-287-0136 Fax: 206-4233-9742 E mail: JJohns@cobbarch.com Signature: Date: 12-17-09 69 70 A. COMPREHENSIVE PLAN DESIGNATION: Existing: 1 0 2_ 3 0 t-f c r 0 7 Z /1/1 1 6 A 3 3 5! 0000 5_ L D Proposed: 10Z 3 0"-f t5 3 once 05 0 OFF —!G B. ZONING DESIGNATION: Existing. l o z 30 9 0 7z Nl I L I L- 3 3 .5I (00005 L DIZ Proposed: l0 30`4 4077. 33'5 1 5 0 oFFt Lt� C. LAND USE(S): Existing: VAG A -4 T O Z 3o L( 90i Proposed: oPF 1 LE S'nt C A. FANki 1 5 ••51 y 5 FoR goTR IoZ30'-4 t07Z 3350{0000.5 (for proposed changes in land use designations or rezones) D. GENERAL DESCRIPTION OF SURROUNDING LAND USES: Describe the existing uses located within 1,000 feet in all directions from the property or area for which a change is proposed. T H-r pvUUk/.-A(S 4 HILL- PArtK 1301zPE125 THE UJEST AN MoRT4 -I PPo PE2TY EDbE AN1 IS Gvi 22ENT MIG /L, TNl= P!oPER.TY `T'o TH-E As //-1. 0 SOVT+ t (AG2oSS 1 44E wr /'.A ,4 a vER5 IS 1-0 P_Es i iDEArI AL. APP Rd 1 IA T E1-Y 100o To T'FkE EA S T Two S n.AALL A r EA5 AP ZotME( R A1`tD M STATE OF WASHINGTON CITY OF TUK WILA Oep ,-r of Community Development 6300 Southcenter 3oulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 E mail: tukDlanaci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. 1 am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, ioto contractors or other representatives the right to enter upon ro P P e jt}_, u Owner's real local d at .3 4l q 5 i i' sT �t V, .k ME oT Tv E WEST P lot ?o�f14312, �3;l4 I QZ, 3 t for the purpose of application review, for thhe limited time necessary to comp e e t purpose. L 5. Owner agrees to hold the'City harniless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at _S $A 1Z z (city), (state), on #0001 Print Name A Address 66l t M- `7,6"0 Phone Number Signature On this day personally appeared before me ru rIark /4") A to me known to be the individual who executed the foregoing instrument and acknowledged that hefeie signed the same as his/> voluntary act and deed for the use and purposes mentioned therein. YZ SUBSCRIBED AND SWORN TO BEFORE ME ON THIS /0 DAY OF Tee.. ,200 .2o'0? NOTARY Pl}$LIC in and NW the State of Washington residing ut aveD 80 ch c) e r d 7 My Cormnission expires on •x/297/21?/ 2., r 71 72 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 90104 206.287 0136 tel 206.233 9742 fax www cebbarch cam PROPOSED COMPREHENSIVE PLAN ADMENDMENT (parcels 1023049072, 3351400005, 1023049063) The proposed rezone and plan amendment involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden ill LLC, currently owns three parcels bordering the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MLC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden III would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. in lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 73 74 E. Cobb Architects Inc 911 Western Avenue #318 Seattle, WA 98104 206 287 0136 tel 206.233 9742 fax www cobbarch.com We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. COMPREHENSIVE PLAN.AMENDMENT CRITERIA (TMC 1 8.80.050) Demonstrate how each of the following circumstances justifies a re- designation of your property or a change in existing Plan policies: Describe how the issue is addressed in the Comprehensive Plan. If the issue is not adequately addressed, is there a need for the proposed change? In recent years Tukwila has acquired and developed Duwamish Hill Park, originally designated MIC /L land. Although the land is still zoned MIC /L the development of the public park has had a significant impact on privately owned Parcel A, B and C. The creation of Duwamish Hill Park separates Parcel C and B from the remaining MIC /L zone essentially making a small island of MIC /L zoning surrounded by Park and Residential land. Creating a small island of MIC /L zoning within Park and residential zoning clearly is not in line with the Comprehensive plan (see response to "An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect" below). The proposed rezone would improve the zoning conflict created by the newly developed Duwamish Hill Park. Why is the proposed change the best means for meeting the identified public need? What other options are there for meeting the identified public need? The proposed change improves an awkward zoning adjacency created by Duwamish Hill Park. The City's land acquisition of Parcel B is the best possible means of meeting the public needs associated with the park, trail and Shoreline planning. While acquiring parcels A and C may also be in the City's best interest, Wooden III Ilc views this as a strong development opportunity. Nonetheless they would be open to this discussion as well. Why will the proposed change result in a net benefit to the community? If not, what type of benefit can be expected and why? In all cases the proposed rezone is a net gain for the community and landowner. A potentially harmful use adjacent to a Park and residential neighborhood will be eliminated. A combined development site zoned (0) Office will provide employment opportunities for the community without the harmful industrial use possible with the existing MIC /L designation. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206 287 0136 tel 206.233 9742 fax v cobbarch corn The City will acquire a piece of Duwamish waterfront property that would allow for future Shoreline development plans and trail projects. See attached "Existing and Planned Pedestrian and Bike Facilities" The City's acquisition of Parcel B would eliminate possible industrial development along the water way adjacent to the City Park. B. COMPREHENSIVE PLAN AMENDMENT CRITERIA (TMC 18,80.010) A detailed statement of what is proposed and why; A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; The proposed rezone would eliminate a potential harmful use adjacent to an established residential neighborhood and newly developed Public Park. With the creation of Duwamish Hill Park Parcel C and A became an island of MIC /L separated from the larger MIC zone. The proposed rezone to Office zoning would eliminate potential harmful uses on the site that may create excessive noise and traffic adjacent to the park and residential zone. Similar to the MIC /L zoning the proposed (0) Office would provide opportunities for employment but in a situation much more suited for a park and residential neighborhood. Both the Park and adjacent residential neighborhood would benefit from the proposed rezone. The City's acquisition of Parcel B would also create a continuous section of City owned shoreline that would directly benefit the adjacent Duwamish Hill Park, LDR neighborhood and general public. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; (be specific; cite policy numbers and code sections that apply!) The proposed rezone is clearly in line with a major goal of the Comprehensive Plan, "To improve and sustain residential neighborhood quality and livability." The adjacent City Park is responsible for creating two privately owned island of MIC /L zoning adjacent to park and residential propoerty (parcels C and B). By rezoning the property from MIC /L to Office all potentially harmful industrial uses will be eliminated. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L would allow for manufacturing and similar uses that produce a large amount of noise in conflict with TCP Goal 7.2 Noise Abatement, 7.2 2 Discourage nose levels which are incompatible with cjrrent or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with .such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. 75 76 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233.9742 fax www cobbarch.com Rezoning MIC /L to (0) Office would clearly eliminate many potentially disruptive activities and businesses adjacent to the residential zone and Public Park. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel 8. Parcel B is currently zone MICA_ and could allow for commercial access to the Duwamish River. Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay at Duwamish Hill Park. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park at Parcel C and B. Parcel C and B are isolated from the remaining MIC zone and no longer serve or benefit the surround zoning. The existing MIC /L zoning for Lot C is inconsistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive light manufacturing and industrial uses" Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zoning. However, MIC /L zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these adjacencies. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; The proposed rezone falls in line with the goals of the Washington State Growth Management act: RCW 36.70A.020 Development on Parcel A and C would provide additional services and employment opportunities. E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 lei 206.233.9742 fax www cobba ch.com (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. A planned office development would provide services and employment opportunities for the adjacent residential neighborhood. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. An industrial use adjacent to a public park and shoreline environment is an "incompatible use" (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. Eliminating MIC /L zoning would ensure potentially harmful uses would no longer be possible on Parcel C and B. The City's acquisition of Parcel B would protect the shoreline environment and allow for potential shoreline restoration work. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. RCW 36.70A.070 Comprehensive plans Mandatory elements (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed -use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. The proposed office development would provide employment opportunities to the community while the and redistribution would directly serve the adjacent community. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; Eliminating MIC /L zoning on Parcel C and B will help protect the environment. Providing a development opportunity for an Office use will also serve the economic growth of the region. ED Jurisdictions shall adopt economic development and other policies which will recognize and help protect the environment as a key economic value in the region. Local policies shall seek to achieve an appropriate balance between the needs for economic growth and the need for protecting the environment. Local gor-ernments are encouraged to look for ways to work cooperatively with businesses to help them comply with environmental regulaiions and to develop pol_cies that result in environmental protection through regulatory processes that are understandable and efficient. The existing zoning for Parcel C and B is in conflict with the Countywide plan allowing for industrial land to be in direct contact with a non supporting or incompatible use. 77 78 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233 9742 fax www cobbarch.com ED -15 Local comprehensive plans should include policies which foster a climate supportive of the siting needs of industrial users and that recognize the important role they play in creating high -wage jobs. Local plans are encouraged to include policies designed to ensure that industrial use of industrial -zone land is not unduly encroached upon or limited by non supporting or incompatible uses. Arguably Parcels C and B are not "sized for manufacturing /industrial uses now that Duwamish Hill Park isolates the parcels from the remainder of the MIC zone. 5. Manufacturing /Industrial Center Criteria LU -52 Each jurisdiction which contains a regional Manufacturing /Industrial Center shall adopt in its comprehensive plan a definition of the Center which specifies the exact geographic boundaries of the Center. Jurisdictions with Manufacturing /Industrial Centers shall have zoning and detailed plans in place to achieve the following goals by the year 2010. a. Preserve and encourage the aggregation of vacant or non manufacturing /industrial land parcels sized for manufacturing /industrial uses; LU -58 Jurisdictions' comprehensive plans for regional Manufacturing /Industrial Parcels C and B have no buffers from the adjacent park and residential neighborhood Centers shall demonstrate compliance with the criteria. In order to promote manufacturing/ industrial growth, the Manufacturing /Industrial Center plan for each jurisdiction shall establish strategies: c. To provide buffers around the Center to reduce conflicts with adjacent land uses; A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; The proposed rezone would not increase 'utility needs relative to the existing MIC /L zoning. The City's Shoreline plan would benefit from the acquisition of Parcel B. Proposed Shoreline restoration and trail projects would be feasible with a continuous City owned shoreline. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; No capitol improvements will be necessary for the proposed rezone. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. Zoning Code map Amendment to reflect the proposed (0) Office zoning on Parcel A and C. Planner: Signature: CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail. tukplan @ci.tukwila.wa.us I File Number: Date: 1 2 1 9 0 6 1 COMF %U o Ty r ELOP:,uiV..e APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -ZCA p a (Q 2P((A Fo)c Application Complete (Date: Application Incomplete (Date: 1 147 /0 Project File Number: 1 Other File Numbers: LOcf o NAME OF PROJECT /DEVELOPMENT: WDOt 1: 14 1TI LL i', H c: L_ f, L( f G LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3 W 5 l ac th S 4- vAGA tNNT i o1 TO LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement) 102.30 /07Z, 33 L(00005 I oac7'-1 q ATTACHMENT E ZONING CODE AMENDMENTS DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: J OSS JoF- MS 02 ER16 LoBP F. GowF A- Us Address: q WeS T E A_ v 3/5 Lt'QA- Phone• Zo6 7_8 Of 36 FAX: Z06- Z33- t3 {Z E- mail ,f 1 L.O PA tRcN .Cosa` 79 80 A. COMPREHENSIVE PLAN DESIGNATION: Existing: o Z Soy ci 077 /Vi 1 /L.. 3 3 S I-I DODO Proposed: l0 30 c.1 9072 -t 33 l GbO oS O O FF I GE B. ZONING DESIGNATION: Existing: 102 Soy V612 M t L /L 3 3 S oaooS —ZD(Z Proposed: 10.3e g072 X 35) i-/ 000o 5 0. «-E C. LAND USE(S): Existing: /0 z36 4l.107Z Vr4-C.AN 1 336 60005 51M6LE Pf4MILY H bM Proposed: d FF t LE Ft,R i3oTFt 102.30 t-( T 072 t 3 35 1 0000S (for proposed changes in land use designations or rezones) E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233.9742 fax www cobbarch.com PROPOSED REZONE SUMMARY: (parcels 1023049072, 3351400005, 1023049063) The proposed rezone involves three properties located near the southeast corner of Duwamish Hill Park. Our client, Wooden III LLC, currently owns three parcels near the southeast corner of Duwamish Hill Park. The three parcels are (A) 3351400005, (B) 1023049063, and (C) 1023049072. Please refer to the attached site plan for the parcel locations, shaded in color. Parcel A is located on the western edge of the residential neighborhood, zoned Low Density Residential (LDR). It is positioned adjacent to Parcel C, which is currently zoned Manufacturing, Industrial Center Light (MIC /L). Parcel B is located on the bank of the Duwamish River, also zoned Manufacturing, Industrial Center Light (MIC /L). This parcel interrupts a stretch of publicly owned land along the Duwamish River to the east and west. Parcel C is located at the southeast corner of Duwamish Hill Park, and zoned Manufacturing, Industrial Center Light (MIC /L). Wooden III Ilc proposes a rezone of two of these parcels in the interest of creating a development opportunity that will both improve the Duwamish Hill Park and support the adjacent residential neighborhood with a more appropriate and inviting use. In this proposal, the zoning for Parcels A and C would be changed to Office (0), with the intention of establishing professional offices, galleries and /or daycare facilities per TMC chapter 18.18. This zoning change will eliminate the possibility of adverse MIC /L development at this juncture between the park and the residential neighborhood. Further, in the interest of improving the Park and general environment, Wooden 111 would donate Parcel B to the City of Tukwila for integration into its river bank restoration program and pedestrian trail development, if the proposed Office rezone of Parcels A and C were to be approved. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) would no longer border the southeast corner of the Park and adjacent residential neighborhood to the east. 2. In lieu of the MIC /L "island" parcel (meaning a single privately owned parcel zoned differently than its surroundings), two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. 3. Tukwila would gain public land along the Duwamish River for restoration and possible trail development, which is currently interrupted by this "island" of private ownership. 81 82 E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233.9742 fax www cobbarch.com We firmly believe that both the City of Tukwila and the Owner will benefit from this zoning change and land redistribution. The Director of the Parks Department, Bruce Fletcher, has reviewed our proposal and has provided a response letter supporting the proposed rezone. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: 1. That the proposed amendment to the zoning map is consistent with the goals. objectives, and policies of the comprehensive plan; The proposed rezone is aligned with a primary goal of the Comprehensive Plan: "To improve and sustain residential neighborhood quality and livability." By rezoning the property from MIC /L to Office many potential harmful uses will no longer be allowed adjacent to existing homes. In addition the donation of Parcel B will allow Tukwila to implement shoreline trails and restoration plans that would directly benefit the adjacent residential neighborhood. Rezoning the MIC /L to Office would also follow TCP 11.1.6, Develop and designate appropriate zoning, buffers, mitigation and access opportunities where manufacturing zoning directly abuts or impacts residential zoning so that MIC uses may operate without significant degradation of the residential environment. The existing MIC /L could create a significant noise conflict with the adjacent park and residential neighborhood. Rezoning to (0) Office would mitigate this potential noise disturbance. TCP Goal 7.2 Noise Abatement states, 7.2.2 Discourage nose levels which are incompatible with current or planned land uses, and discourage the introduction of new land uses into areas where existing noise levels are incompatible with such land uses. 7.2.4 Discourage noise levels incompatible with residential neighborhoods. Rezoning MIC /L to (0) Office would eliminate many potentially disruptive activities and businesses adjacent to the residential zone. The Tukwila Comprehensive Plan's Shoreline Management priorities would directly benefit for the City's acquisition of Parcel B along the Duwamish River, Shoreline management Act Priorities per TCP (page 50) 2. Preserve the natural character of the shoreline 4. Protect the resources and ecology of the shoreline E. Cobb Architects Inc. 911 Western Avenue #318 Seattle, WA 98104 206.287 0136 tel 206.233.9742 fax www.cobbarch.com 5. Increase public access to the publicly owned areas of the shoreline 6. Increase recreational opportunities for the public in the shoreline The Tukwila Comprehensive Plan map dated 10/29/2008 shows the border of the MIC along with the Public Recreation overlay. A close examination of the map shows the abnormal zoning condition created by Duwamish Hill Park. Parcel C is isolated from the remaining MIC zone and no longer serves or benefits the surround MIC zone. 2. That the proposed amendment to the zoning map is consistent with the scope and purpose of this title and the description and Purpose of the zone classification applied for; The existing MIC /L zoning for Lot C is not consistent with the TMC in comparison to the proposed (0) Office designation: TMC chapter 18.36.010, MIC /L Purpose: This district implements the Manufacturing industrial Center /Light industrial Comprehensive Plan designation. it is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. Parcel C is currently a small island of MIC /L zoning surrounded by residential and Public Park property and clearly does not fall inline with the code's intent to provide a "major employment area containing distributive Tight manufacturing and industrial uses" The proposed (0) Office designation for parcel C and A will serve and support the residential neighborhood. Tukwila's City Zoning Map currently has multiple conditions where Office zones directly border LDR zone. However, MiC /L zones rarely border LDR zones because of the obvious conflicts. Our proposal removes these potential conflicts. 3. That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map and The adjacent parcel 1023049057 (Park) was originally zoned MIC /L. Along with adjacent parcels this created a very large multi acre industrial area along the Duwamish River. Although the property has not been formally rezoned, parcel 1023049057 is now Duwamish Hill Park owned by the City of Tukwila. Converting parcel 1023049057 to Public Park isolated parcel C and B creating two islands of MIC/L zoning. The proposed rezone will eliminate the potential adverse impacts of MIC /L development at this juncture between the newly developed park and the adjacent residential neighborhood. 4. That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and 83 84 E. Cobb Architects Inc 911 Western Avenue #318 Seattle, WA 98104 206.287.0136 tel 206.233 9742 fax www cobbarch.com general welfare. and will not adversely affect the surrounding neighborhood, nor be incurious to other properties in the vicinity in which the subject property is located. This three parcel proposal will benefit the Park, the River and the adjacent residential neighborhood in three significant respects: 1. A potentially harmful MIC /L future development (gas station, auto repair, contractor storage, etc) will be removed from the southeast corner of the Park. 2. In lieu of the MIC /L "island" parcel, two "Office" zoned parcels would create a more pedestrian friendly environment, and be more supportive of both the park and the residential neighborhood. a. Tukwila's Walk and Roll program has developed a master plan to provide future sidewalks along Parcel C &A. Clearly the future sidewalks and pedestrian plan would be better served by an Office zoning compared to the purpose of the MIC /L zone which may include large trucks and delivery traffic. "MIC /L" "It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries." 3. Tukwila would gain parcel B along the Duwamish for restoration and possible trail development. Tukwila's trail and shoreline restoration plans are currently interrupted by Wooden III Ilc's "island" of private ownership along the Duwamish waterfront. a. Per Tukwila's Walk and Roll program a trail has already been proposed crossing Parcel B (see attached map from Tukwila's Walk and Roll program) b. The Duwamish Hill master plan originally designed by Jones and Jones Architects shows a potential shoreline restoration and beach access along S. 115 St that would include Parcel B The proposed rezone will eliminate adverse industrial impacts to the Park and adjacent residential zone while expanding the public lands that will be critical in future public development projects. December 22, 2009 Josh Johns E. Cobb Architects 911 Western Avenue #318 Seattle, WA 98104 Dear Mr. Johns, ATTACHMENT F I agree with your assumptions that by rezoning two parcels (335140005 and 1023049072) to Office zone would benefit the City of Tukwila's shoreline and the Duwamish Riverbend Park property. The Tukwila Parks system would also benefit with the donation of the riverfront property (1023049063). It is my suggestion to schedule a meeting with myself and the Directors of Public Works and Department of Community Development to further investigate the proposed zoning change and land donation. Please feel free to contact me at (206)767 -2343 if I can be of further assistance Sincerely, Q0L-- Bruce Fletcher, Director Tukwila Parks and Recreation Department 12424 4z A venue South Tukwila, WA 98168 (zo6) 767 -2342 bruce @ci.tukwila.wa.us 85 86 To:City of Tukwila Depat 'Anent of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, Wa. 98188 4 2477C ATTACHMENT G T am here commenting on the proposed re- zoning of the parcels generally located at 3914 So. 115 Street. To whom it may concem: I am wondering why we need an office space zoning in an area mostly residential, when there is a glut of empty office space in areas that are alredy in an office space zoning. I am particularly affected as the parcels in question are right across the river from me and this would change my view from an almost pristine view to an office building looking down into my river property. On top of that, a park {Tukwila Riverbend Park} is right next to the parcel and office space does not lend itself to the local environment layout. Another concern: The sewer, I believe, hasn't reached the parcel in question and it falls dangerously close to the buffer zone cr4eated by the Shoreline Mast3er Program proposal. Please don't mar our view on the river and add office space potential where it isn't needed or wanted. John Swan 3914 South 117 Street Tukwila, Wa. 98168 RECEIVED CITY OF TiJKWltA NAY 06 2010 PERMIT Stanley G Hoffman 3924 South 114th Street Tukwila, WA 981 68 -1 91 3 206 763 -1712 Sirs: ATTACHMENT 11 DCD Rebecca Fox 6300 Southcenter Blvd Tukwila, WA 98188 I am writing in opposition on the zoning change of the property located at South 115th Street and 40th Avenue South. The Health of Walker Hill The Hill is correctly named Walker Hill in most plot and geological maps. The area is commonly called `Poverty Hill'. This name is used by all, but this name is used for a historically residential area. This area has seen little change. It is only in the last year that to the west of the property the historical house that served as a store to the original settlers of this valley was demolished and replaced by containers that have been wired with temporary service poles and served with portable toilets. Hardly a development worthy for any neighborhood. The new park opening signals to all who pass on South 115th Street the changes that are uplifting Walker Hill. We have seen many properties remodeled, some to be sold to folks eager to join a community that is centered on the services and employment of the Greater Seattle Metropolitan Area. We know that the `Old AG' warehouse is a development site that will greatly improve the area, perhaps including a light rail station. My thinking is that the health of Walker Hill will be harmed by a development that is not residential. The county would entertain the permit process for septic tanks for a residential project. Water and power is available. The property is developable as a residential project. I wish to point out that perhaps some property owners of Walker Hill may have thoughts of using their future appreciation values of their holding. How can this best be served? i point to the `AG' property and the vast plan unveiled by the Segale Family. These projects have ample space and plans for office buildings, they do not need residential property for office space. What they will need is housing for the new employees to serve these r My thought is the office project will not 1 t,,ese projects. My ti iv� it is �l ie of�ICe F ,roj�Ct will �vt provide value to residential property owners; indeed, this office project will detract from this homogeneous believe the `ducks are now in a row' and I think it is time for the zoning board to support the residential nature of our community and the property owners investments. 87 88 N J r s13) t S I I Proposed CL /I to MDR LDR CD W L09 -067 Comprehensive Plan amendment Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) L10 -002 Rezone Commercial /Light Industrial (C /LI) to Medium Density Residential (MDR) j Commercial /Light Industrial (C /LI) to i Medium Density Residential (MDR) Zoning Lines 2_ 3f St ATTACHMENT 1 Macadam LLC 111=400' 90 ercial(Light Industrial 9_067 Comprehensive Plan amendment -Comm LO to Medium Density Residential (MDR) L1 Resid CIO 0 -002 Rezone-- Commercial(I Light Industrial ent to Medium Density ht Industrial (CILI) to Medium ComiumciaVLig Density Residential (MDR) Zoning Lines ATTACHMENT J 419 Macadam LAC 92 APPLICATION Planner: kb e CCr i. f x Application Complete (Date: 515'10 Application Incomplete (Date: j 12511 NAME OF PROJECT/DEVELOPMENT: PA Planning Forms\ Applications \ZoneChng- 6- 06.doc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 9818& Telephone (206) 431 -3670 FAX (206) 431 -3665 E-mail: tukplan@atukwila.wa.us FOR STAFF USE ONLY Permits Plus Type: P -ZCA LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 30 5. /33 J /3/ 3 (0 e ?,ed s LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). ATTACHMENT K ZONING CODE AMENDMENTS File Number: J L 1 o o I Project File Number: I Other File Numbers: 1.--041"-621,q 1 C'pet -z rte L-£% t tt 1 F,4 u fl `f 2- i...r) r EFT 1,r4iio a ,74, i4 -rj 1E 4-'e i :)e 73v v v -g- V f6 DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: i 642/ij Address: 4/ Y s l� i P/ �vi��v; ls� vL�� ck �'/6 Phone: n2 t 2„.(e6 k 3 FAX; %,r, 4/43 71°"rJe- 74. J .H %GDo Signature: Date: 7 2—r Z.S' December 4, 2006 93 STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tuknlan @ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4 Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City 6. Non responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state), on 20 Print Name Address Phone Number Signature On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF 20 NOTARY PUBLIC in and for the State of Washington on P \Plannin Forms Applications ZoneChng-6-06.dec December 4, 2006 residing at My COmmissiOrt expires ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; (2) That the proposed amendment to the zoning map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P \Planning Forms\ Applications\ ZoneChng-6-06.doc December 4, 2006 95 Zone Amendment Criteria City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, Wa 98188 12 -28 -09 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133 St (tax Parcel 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel 734060 -0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will also provide inward focused community and neighborhood building design layout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 96 1 lava twaLS aa-yarivi-tD Th I 0,sts, 2-14/4P-oT‘30 -711 leHersiold. VYT St q 2r --L cs" Isalis 11 1uP.11 11 6 5 are--ag 4 5 "ak:LI IB lit 11.K e- LI qg.t..,.. E itivt. o l a: A r: 4,1 1til. 1 ••st c*"5 CIL -0 all AS A S os_o_ 'CI 2 :St I kl‘xtrA O 6 h 'C u b g dC 4•C a \Ct r QOC/ O ]e .e,0-41: p�0 2 r ua m 1cv:° Oo p o c 4 a tC b O2 d� U 4 �y� u 4a @m>4C4 t0. m 4 1.1!5`1 y C 'a U q u m ry b 4 O Q m O 0 Op�O a� o�c�em V LS y 4 y 40� r O ,L g p 4S� e 4 SO N 4 d0 4 bo k.v O c ao�a 4 *.aN' m O bock, O or, I 5 ¢Q4 r QI h a 4 ,2 of -z r 3[vo rB0 us Navel° 6h 2 h!< m o° 4 •C g r l2 h� t v r'i scza -�sB tcsz ez Cp6 z d �q "�o91s �tq ■12 iaa+iS 7 cSL7 SB Tgo DTI Ettlicaun I I I I p tid a V C y z 144. C C7 yr r ++4 a 41 pS ti g o G ?:rizaa V r b b ^j W ,CO b y i e n :2 `off Lae h W 4,-- 3 31_ T j7!� pp n Cry fit ,b P,! y h V p �y 0 q h 0 W .o ^h C n “O b y i 1OPZ 'hoo n e o S -DOtr \li 231.25' N 7n1'21' W I 0' f2 i '009c8 IN n771 N' 257 43rd Avenue S. (Macadam Road SJg APPLICATION Planner: IebC'Ce-• <u x Application Complete (Date: 515/ io Application Incomplete (Date: 1125110 NAME OF PROJECT/DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3o S._ /33RD 57 iii rater. c S r/ S l ?,?,ev s/- LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR The individual who: has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and is the primary contact with the City, to whom all notices and reports will be sent. Name: r i -a.a `J ��k�'.a_ Address: Phone: a.n.),C, 3 FAX: 0.--4) 41(-; ..—U C) .c Pp" J ?4" tO f 400 Signature: Date: P \Planning Forms \Applications \ZoneChng- 6- 06.doc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188. Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@atukwila.wa.us FOR STAFF USE ONLY Permits Plus Type: P -ZCA File Number: Project File Number: Other File Numbers: ATTACHMENT L ZONING CODE AMENDMENTS 1 i- ©q L-1v -QOz, (pe -t pt'l (rL'n g- FA- 0 6 2 07 L..o q -©lLf- (L-v r 6' LitvLb. J, 7G �c 4 --'e -t December 4, 2006 9 9 STATE OF WASHINGTON CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E mail: tukvlan @ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3 The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any Loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non- responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at On this day personally appeared before me to me known to be the individual who executed the foregoing instrument and acknowledged that he /she signed the same as his /her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 1 1': Panning Forms Applica Hons \ZoneChng- 6- 06.doc (city), (state), on 20 Print Name Address Phone Number Signature DAY OF 20 NOTARY PUBLIC in and for the State of Washington on residing at My Commission expires December 4, 2006 ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; (2) That the proposed amendment to the zoning map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for; (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; and (4) That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. P \Planning Forms Applications \ZoneChng- 6- 06.doc December 4, 2006 101 Zone Amendment Criteria City of Tukwila 6300 Southeenter Blvd. Suite 100 Tukwila, lAira 98188 12 -28 -09 Re; Proposed Macadam LLC property development, short plat, rezone from Commercial Light Industrial to MDR and wetland enhancement buffer reduction project located at 4300 S. 133 St (tax Parcel 26 -13 -20 -0131) and contiguous with LDR property owned to West 13136 Macadam Rd S. (Tax Parcel 734060 -0722) in Tukwila Washington. A) Zone Amendment Criteria 1) This Requested Zone change is consistent with the Comprehensive plan policies in that we will be providing a less environmentally impacting project that is closer in adjacent contiguous use that is residential. 2) The title and description of the zone map changes are consistent with the zone use classification requested that shall be medium density residential which will complement and enhance the adjacent Low density residential directly to the west. 3) There are nuances to and changed conditions of zoning layout that cannot be fully understood at initial time of designation. For example, the newer Sensitive Area Ordinance and environmental setbacks and property development restrictions now change how this property can be accessed and developed. In the past we could develop buildings in the wetland area and put roads and bridge across streams without much restriction. With the new wetland restrictions and Buffer requirements, the area remaining for Commercial Industrial use is cut off from the Industrial to the East. Therefore in order to use as currently Zoned we would need to provide Commercial industrial traffic through the residential neighborhood and LDR on the upper half of site. 4) This proposed Zone change will be in the best interest and welfare of the public safety by providing a lower impact use. The development will also provide inward focused community and neighborhood building design Iayout that will promote safety and prowler visibility. This will also build and light previous vacant lot area that will make it more safe. 102 1 OA' 0 :4 0 Z U.1 -6rz) Wid'e,ce;r1 OCA ,\21. ii4Vc771/19A0 4011 14%416\419411/4 1 -.4. ,Wi %13.t..). ss ...)...).s... ,1,,s 1 ta ist gs' 1 G.I. 6 'a VIA--rgt-'3 tS2.40„ u .•'`.2 3 ,3-§1:— P. aol t,:e o A.: t., F t44 f: il 16=12. g-L—..1. -1. a,s- ileM. 1 a 4 310,0 rso :48 ^a+dbo Se Cg ON reo U c mO4,° y o N C7 m 4Voo, U 8244 1, g t i y 4 1 k U 6..� 4 �W 1 4 e.... e fi vha.on. ��O O 4 0 4 Gj '':+:444'0"Q h U� OO 5 m C. 4 y U N V m .0 el W C O 4" L Uro C .0.K"' 4�QO :Z 4 o m o o °m f7 S 4 N 2 f �j i 0 4 g V Z h 2 toe, 82x18 84 (rsa) :71 t° 414 i >ar� i iCr 40S+3 377 2117Ia ins Put.7 tradsv =zzi F It O ti n h rg A o 231.25' 1 N 77+2 W ti°°0a3 =y�069•_ °l PF :N 7D'< N' 157.19 43rd Avenue S. !M acadam k oad 5. }g r 1 4 s ;nk t1' 9 1 y Amt .s oorr 1118` •venr arty'-.-... i ez -rr- x r •a,ad r I i J a 3 s via C w a 41 CO k y cc N Q 1— 105 106 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, West 98188 Telephone: (206) -131 -3670 FAX (206) 431 -3665 E -mail. tukplan@ci.tukwila.wa.us ATTACHMENT N APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -ZCA Planner: Rebecca Fox File Number: L10 -035 Application Complete (Date: 6/8/10 I Project File Number: Application Incomplete (Date: I Other File Numbers: ZONING CODE AMENDMENTS NAME OF PROJECT/DEVELOPMENT: ESTABLISH ZONING FOR TUKWILA SOUTH ANNEXATION AREA LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. Tukwila South Annexation Area Approximately 259 acres generally located south South l88 Street on the north; South 204 Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement) PARCEL 352304 -9050, PARCEL #352305 -9078, PARCEL #352304 -9041, PARCEL #352304 -9117, PARCEL #022204 -9037, PARCEL 022204 -9040, 022204 -9033, #352304 -9016, #022204 -9008, #352304 -9066, #352304- 9065, #022204 -9043, #022204 -9057, #032204 -9047, #032204 -9106, #023900 -0352, #032204 -9100, #032204- 9106, #032204 -9006, #032204 -9090, #022204 -9011, #022204 -9015, #032204 -9092, #032204 -9093, #032204- 9056, #032204 -9052, #022204 -9036, #022204- 9061 DEVELOPMENT COORDINATOR The individual who: s has decision making authority on behalf of the applicant in meetings with City staff, has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and H: \COMP PLAN 2009 2010 \Tukwila South \Tukwila. South. Annexation .Area.Rezone.application.doc 107 is the primary contact with the City, to whom all notices and reports will be sent. Name: Rebecca Fox, Senior Planner Address: City of Tukwila, 6300 Southcenter Boulevard, Tukwila, `VA 98188 Phone: 206 -431 -3683 FAX: 206 431 -3665 E -mail: rfox @ci.tukwila.wa.us Signature: Date: 6/7/10 108 H: \COMP PLAN 2009- 2010 \Tukwila South \Tukwila. South. Annexation .Area.Rezone.application.doc A. COMPREHENSIVE PLAN DESIGNATION: Existing: Tukwila Valley South (TVS), Low Density Residential (LDR), Mixed Use Office (MUO) Proposed: (No change. Same as above.) B. ZONING DESIGNATION: Existing: No underlying zoning at present. Proposed: Tukwila Valley South (TVS), Low Density Residential (LDR), Mixed Use Office (MUO) as consistent with Comprehensive Plan designation C. LAND USE(S): Existing: _Varies Proposed: _Urban Mixed Use Development, including campus -type research and office environments and districts H: \COMP PLAN 2009 2010 \Tukwila South \Tukwila. South. Annexation .Area.Rezone.application.doc 109 110 ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; The proposed rezone establishes zoning in the Tukwila South Annexation Area that was annexed to the City of Tukwila without underlying zoning. This action makes underlying zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan designations in the same area. (2) That the proposed amendment to the zoning map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for; The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the zoning consistent with established Comprehensive Plan designations. Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41) Current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). H: \COMP PLAN 2009- 2010 \Tukwila South \Tukwila.South. Annexation .Area.Rezone.application.doc 111 112 (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included. 1) a development agreement with La Pianta, Inc. setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235) Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Annexation Ordinance 2241) established the Tukwila South Overlay district as the applicable zoning for the annexed area. However, although an overlay is used to establish zoning under certain circumstances, it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. The Tukwila South Overlay district applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone while the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233. Zoning, consistent with the existing Comprehensive Plan designations, is required, and must be established. and 4) That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. The Zoning map and Comprehensive Land Use Plan map must be consistent. This map change makes underlying zoning for recently annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area. H: \COMP PLAN 2009-2010 Tukwila South \Tukwila. South. Annexation .Area.Rezone.applicahon.doc Community Affairs Parks Committee Minutes June 14. 2010 Pane 3 There will be a shift from the use of pole /pylon signs to monument signs. No new additional freeway interchange signs will be approved (allows for a five-year face /copy change to existing signs after which sign can remain indefinitely with no changes); however, grand monument signs will be allowed. Creation of a Master Sign Program, geared to larger properties /developments (at least 15 acres and 200,000 square feet of building) encouraging a voluntary process working directly with City staff for a signage plan tailored to the site Signs which are non conforming to the new Code will be afforded a 10 -year grace period for compliance. During the grace period face /copy changes can be made to the sign, and the sign can remain indefinitely after the grace penod with no further changes to the face /copy. When there is a change to the face /copy after the grace period, the sign must be brought into compliance with the new Code. The new Code strives to remove billboards from the Tukwila International Boulevard corridor. Committee Member Hernandez asked for clarity on digital (electronic) versus dynamic signage. Brandon Miles explained that on a digital sign, an electronic image appears, holds for a set amount of time, goes away and then a new image appears. Although digital billboards are allowable in receiving areas under the new Code, in order for this to happen, an applicant must secure removal of a number of existing billboards. In contrast, a dynamic sign is any sign that incorporates physical movement of the sign, but may not necessarily incorporate electronic images. Any entity that meets the definition of institutional use may use a digital signage (i.e.: school, community center, fire department, church). Mr. Miles also commented that staff would be working on clarifying the definition of banner. Members of the public were in attendance at the Committee meeting. Mr. Bob Schofield, a local property owner and developer, distributed copies of property pictures and a property site plan, and explained his view on how the Code negatively impacts small businesses. Committee Chair Duffle thanked Mr. Schofield for his input on the draft Code. He explained that, at the Committee level, citizen comments, as well as handouts provided by citizens are not entered into an official Council record. Mr Scholfield was encouraged by Committee Members to re- express his concerns at the June 28 Public Hearing on this issue. At that time, his comments as well as any handouts will be given to the City Clerk's Office and entered into the record. Mr. Schofield's additional concerns included that the Sign Code Advisory Committee was not representative of small business owners, and that information provided at tonight's Community Affairs Parks Committee meeting was incorrect. He stated that he does not want the new Sign Code to move forward to the Council, he wants to work with City staff on small business issues, and that he has new information from that which he previously shared with the Planning Commission. Committee Member Hernandez commented that she does not want to see small businesses suffer a severe impact from requirements imposed by a new Code, and that it will be important for the Council to address policy issues in the new Code that impact small businesses. Mr Miles offered to meet with Mr. Schofield to discuss how the draft ordinance impacts his properties. Any substantive changes that he may request would need to be decided upon by the City Council. Due to the magnitude of this issue and the importance of a full Council discussion on the item, the Committee deferred making a recommendation. NO COMMITTEE RECOMMENDATION. FORWARD TO JUNE 28 COW FOR PUBLIC HEARING AND COUNCIL DISCUSSION. E. Comnrehensive Plan Amendments Staff is seeking full Council deteinnnation of whether or not to forward the proposed 2010 Comprehensive Plan Amendments to the Planning Commission for further consideration, review and public heanng. Staff summanzed and provided a brief overview of the Comprehensive Plan Amendments annual review process. Three applications (two public, one City) have been submitted for the City's consideration as described below: 113 114 Community Affairs Parks Committee Minutes June 14, 2010 Pace 4 An application to redesignate two lots /properties located in the vicinity of 3914 South 115 Street from Manufacturing /Industrial Center Light (MIC /L) and Low Density Residential (LDR) to Office (0). An application to redesignate (down -zone) one property located at 4300 South 133r Street from Commercial/Light Industrial (C /LI) to Medium Density Residential £MDR. Emergency application from the City to establish underlying zoning for the Tukwila South Annexation area (applicant is aware of need for underlying zone, and has no issues) UNANIMOUS APPROVAL FOR ALL APPLICATIONS. FORWARD TO JUNE 28 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 6:44 p.m. Next meeting: Monday, June 28, 2010 5.00 p.m. Conference Room #3 Committee Chair Approval Mit .rtes by KAM. Reviewed by SL. CAS NUMBER. I 0 AGENDA ITEM TITLE An Ordinance to update the Noise Code. RI-iVIEWED BY Fund Source: Comments. 1 MTG. DATE 1 04/26/10 05/03/10 MTG. DATE 06/28/10 COW Mtg. Utilities Cmte EXPENDITURE REQUIRED $0 COUNCIL AGENDA SYNOPSIS Initials Meetznn Date Prepared by 1 Mayprkieviezv 1 kuncz review 04/26/10 KAS 1 QV 1 kJ 05/03/10 KAS 1_ 06/28/10 SM a)/ I Q Lf 07/06/10 SM 1 1 ITEM _INFORMATION CA &P Cmte Arts Comm. AMOUNT BUDGETED so n F &S Cmte Parks Comm. 1 ORIGINAL AGENDA DATE. APRIL 26, 2010 DATE: 04/12/10 06/14/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Police Department COMMITTEE Forward to Committee of the Whole for discussion COST IMPACT FUND SOURCE RECORD OF COUNCIL ACTION Public Hearing; Recommended to Full Council for adoption Recommend return to CAP w /map options to address citizen's concerns ATTACHMENTS Informational Memorandum dated 6/28/10 Ordinance updating Noise Regulations in draft form Ordinance amending the Zoning Code in draft form Informational Memorandum with attachments from CAP dated 6/14/10 Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 ITEM No. CATEGORY Discussion Motion n Resolution Ordinance BzdAward Public Hearing Other Mtg Date 06/28/10 Mtg Date Mtg Date Mtg Date 7/06/10 Mtg Date Mtg Date 04/26/10 Mtg Date SPONSOR n Council Mayor Adm Svcs DCD n Finance n Fire Legal P&R Police n PW" SPONSOR'S A Public Hearing on an ordinance updating regulations related to noise was conducted on SUMMARY 4/26/10. The Council is being asked to consider and forward to Full Council for adoption a revised draft ordinance updating regulations related to noise and an ordinance amending the Zoning Code to reflect changes based on new noise regulations. Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED $0 116 TO: DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole Jim Haggerton, Mayor FROM: David Haynes, Chief of Police Jack Pace, Director of Department of Community Development DATE: June 28, 2010 (Revised after June 14, 2010 Community Affairs and Parks Committee Meeting) SUBJECT: Draft Noise Ordinance ISSUE Should the City's Noise Code be updated? BACKGROUND The City Council reviewed the proposed Noise Code on May 3, 2010 and asked the Community Affairs and Parks Committee (CAP) to review it again. The Council also asked staff to provide a map of residential uses in non- residential zones and to address nighttime noise incompatibilities between commercial, industrial and residential uses. At the CAP meeting on June 14, 2010, committee members reviewed the map and staff's recommended changes addressing incompatibility issues. Also, testimony was received from Vanessa Zaputil and Mike Hansen. Ms. Zaputil explained that commercial construction and maintenance noises are and will continue to be disruptive at night at her residence located in a commercial zone and she would like to be notified if any events are planned that will generate noise; Mr. Hansen of Sabey Corporation expressed concerns about prohibiting nighttime property maintenance and allowing emergency maintenance. Staff recommended at CAP to add a noticing provision at the onset of a noise generating event and to eliminate the nighttime exemption for property maintenance. Staff spoke further with neighboring jurisdictions, Ms. Zaputil and Mr. Hansen and recommends the following language changes to the proposed ordinance: 1. For all highway projects and for all noise variances, require noticing at the onset of the noise event. 2. Include weather related property maintenance as an emergency exemption. 3. Require a variance for property maintenance and property construction at night in all zones. The proposed ordinance reduces staff time for processing variances, allows the status quo to continue regarding construction noise at night, is simple to enforce and allows the Director to require noise abatement for all sounds. Following the Council and Committee meetings on the noise ordinance, staff recommends language changes to the proposed ordinance to balance concerns raised by the residential and commercial community 1. As a condition of any variance and for any nighttime highway maintenance noise, require noticing at the onset of the actual noise generating event. Noticing for variance requests is to alert residents of the request but may not provide timely notice when the actual construction occurs. Staff has amended the proposed ordinance to require noticing at the onset of a noise event as a condition of any variances and for all highway construction, even when a variance is not required. This language change will provide timely notice of noise events to all residents, preserves the variance requirements and exemptions, and cuts some expense and staff time by not processing some variances that will likely always be granted. 117 INFORMATIONAL MEMO Page 2 Noticing would only occur for residential uses and can be provided by mail or by door hangers; it would be similar to the noticing requirements added to residential parties at the CAP meeting on April 12, 2010. Noticing at the onset of events will also be required of City- sponsored projects which will increase staff time and City expense. 2. Amend the definition of "Emergency Work" Staff has amended the proposed ordinance to include a revised definition for "emergency work Changing the definition of "Emergency Work" will insure that property maintenance can occur at night in instances of weather calamites. 3. Not exempt construction and property maintenance during night time hours The new code proposed an exemption for nighttime property maintenance that does not exist in the current code and proposed removing the exemption for construction noises. Following the public hearing process, staff has amended the proposed ordinance to not exempt construction at night and revert to the current code daytime -only exemption of property maintenance. Construction is a known event and could be authorized and mitigated through the variance process. Property maintenance noise known to occur at night could be generated by a wide variety of actions such as sweeping and leaf blowing, maintaining Link light rail track, and commercial carpet shampooing, etc. These noises are exempt during daytime hours and could occur after 1 Opm with mitigation as part of an approved variance. While there is no complaint history with the Police department for nighttime construction or property maintenance, additional conversations with residents and neighboring jurisdictions indicates that maintenance and construction at night is a problem for residents. Allowing nighttime construction and property maintenance noise could potentially disturb 88 residential units and all future residential uses in non residential zones. Nighttime construction and maintenance noises would become subject to the "plainly audible" standard of the new code and would be de facto exempt if not in the range of a noise sensitive unit. RECOMMENDATION The Council is being asked to approve the revised draft ordinance and consider this item at the July 6 2010 Regular Meeting. ATTACHMENTS Revised Draft Noise Ordinance (underline /strikeout of version presented to CAP on April 12, 2010.) June 14, 2010 CAP Informational Memorandum with Attachments 118 C:ltemo\XPGroWise\Noise COW staff reoort (6- 28- 101.docZ \Noiso Code\ 28 10 after -erl `ed'.�d -bT t: D do DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the policy of the City to minimize the exposure of its citizens to the physiological and psychological dangers of excessive noise, and to protect, promote and preserve the public health, safety and welfare; and WHEREAS, it is the express intent of the City Council to control the level of noise in a manner that promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment; and WHEREAS, it is the express intent of the City Council that noise be prohibited when it exceeds certain levels or when it unreasonably disturbs the peace, comfort and repose of others; and WHEREAS, the problem of noise in the City has been investigated by the Director of Community Development and the Chief of Police, and based on these investigations the City Council, pursuant to the authority granted in Chapter 70.107 RCW, finds that special conditions exist within the City that make necessary any and all differences between this chapter and the regulations adopted by the Department of Ecology in Chapters 173 -58, 173 -60 and 173 -62 WAC, and that make necessary the provision for criminal as well as civil penalties for violation of this chapter; and WHEREAS, the City Council has determined that noise that travels more than 50 feet from its source disturbs the peace and repose of its citizens; and WHEREAS, it is demonstrated that enforcement of noise regulations is often difficult or impractical if a noise measuring device is required under every circumstance; and WHEREAS, the City Council held a public hearing on April 26, 2010 on this matter; and WHEREAS, upon adoption, this ordinance will be submitted to the Department of Ecology for review and approval, pursuant to RCW 70.107 060; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Amended. TMC Chapter 8.22 shall read as follows: Chapter 8.22 NOISE Sections: 8.22.010 Purpose 8.22.020 Definitions 8.22.030 General Powers of the Administrator 8.22.040 Measurement of Sound 8.22.050 Maximum Permissible Sound Levels 8.22.060 Muffler Requirements 8.22.070 Modification of Motor Vehicles 8.22.080 Tire Noise 8.22.090 Motor Vehicle Exemptions 8.22.100 Sounds Exempt at all Times 8.22.110 Sounds Exempt During Daytime Hours 8.22.120 Variances 8.22.130 Extension 8.22.140 Fees for Variances 8.22.150 Violation Penalty 8.22.160 Liability W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 1 of 9 119 120 Section 2. Regulations Amended. TMC Section 8.22.010 shall read as follows: 8.22.010 Purpose. It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter Section 3. Regulations Amended. TMC Section 8.22.020 shall read as follows: 8.22.020 Definitions. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 1. "Administrator" means the Director of Community Development, the Chief of Police, or their designee, including the Hearing Examiner 2. "Affected tenant" means a business located within a required public notice area which conducts business or maintains open hours during the time period in which a noise variance is sought. For example, businesses closed during the night are not affected tenants when a nighttime noise variance is sought. "Affected tenants" refers to business tenants only and not residential tenants. 3. "Audio equipment" means compact disc players, radios, stereo systems, televisions, video cassette recorders, mp3 players and other such devices. 4. "Commercial music" means music originating from or in connection with the operation of any commercial establishment or enterprise. 5 "Construction" means any site preparation, assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights -of -way, structures, utilities or similar property 6. "Daytime" means 7AM -10PM, Monday through Friday and 8AM -10PM, Saturday, Sunday and State recognized holidays. 7 "dB(A)" means the sound level measured in decibels, using the A- weighting network. 8. "District" or "noise control district" means the land use zones to which the provisions of this chapter are applied. For the purposes of this chapter a. "Residential district" includes zones designated as LDR, MDR and HDR, b. "Commercial district" includes zones designated as MUO, 0, RCC, NCC, RC, RCM, TUC, C /LI and TVS; and c. "Industrial district" includes zones designated as LI, HI, MIC /L and MIC /H. 9. "Emergency work" means work required to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work reauired to restore property to a safe operating condition following a weather event, or work by private or public utilities for restoring immediately necessary utility service. 10. "Equipment" means any stationary or portable device or any part thereof capable of generating sound. 11. 'Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except that farm equipment and vehicles powered by engines of less than five horsepower shall not be included. 12. "Motor vehicle" means any vehicle that is self- propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks are not "motor vehicles" as the term is used herein.) 13 "Motor vehicle sound systems" means audio equipment installed or used in a motor vehicle. 14. "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and designed to reduce the sound resulting therefrom. W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM ksn 06/22/2010 Page 2 of 9 15 "Nighttime" means 10PM -7AM, Monday through Friday and 10PM -8AM, Saturday, Sunday and State recognized holidays. 16. "Noise" means the intensity, duration and character of sounds from any and all sources. 17 "Noise sensitive unit" means real property used as a residence, school, church, hospital or public library Property located in an industrial or commercial zone is not a noise sensitive unit unless it meets the above criteria. 18. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. 19 "Plainly audible" means sound made by a sound producing source that can be heard by a person using their unaided hearing faculties. Plainly audible sound includes any component of sound, including but not limited to, rhythmic bass or comprehensible musical rhythms. It is not necessary for such person to be able to determine the title, specific words or artist of music or the content of any speech for the sound to be considered "plainly audible." 20. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Washington State Department of Transportation (WSDOT) or any county or city, when any part thereof is generally for the use of the public for purposes of vehicular travel or a matter of right. 21. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law; for purposes of this chapter, the term "real property" includes a leasehold interest. 22. "Receiving property" means real property within which the maximum permissible sound levels specified herein shall not be exceeded from sources outside such property Individual offices or dwelling units within a building may constitute a receiving property. 23 "Residence" means a building regularly or intermittently occupied by a person for dwelling, lodging or sleeping purposes. 24. "Residential party" means a social gathering held in a place of residence. 25 "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4 -1971. 26. "Sound level meter" means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, ANSI S1.4 -1983 27 "Sound- producing source" means anything that is capable of making sound. Sound producing source includes, but is not limited to, the following: a. air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles) and swimming pool or hot tub pumps; b. air horns, bells or sirens; c. audio equipment; d. domestic tools, including chain saws, electric drills, electric saws, hammers, lawn mowers, leaf /snow blowers, and similar tools and devices; e. loudspeakers or public address systems; f. musical instruments; g. human voice; h. animal sounds; i. mechanical or electrical noise; j. vehicle engines or exhaust systems, other than regular traffic upon a highway, road or street; k. residential party; 1. motor vehicle sound systems; or m. commercial music WA Word Processing Ordinances \Noise (revised final draft ord for COW 6 23).docx DM:ksn 06/22/2010 Page 3 of 9 121 122 28. "Warning device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar alarm or vehicle backup signal, but not including any fine alarm. Section 4. Regulations Amended. TMC Section 8.22.030 shall read as follows: 8.22.030 General Powers of the Administrator. A. Subject to the provisions of this code, the administrator may take such action as may be necessary to abate a sound- producing source that causes or may cause, by itself or in combination with any other sound producing source or sources, an unreasonable or prohibited noise. The administrator may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this chapter B The administrator may promulgate such rules as are necessary to effectuate the purposes of this chapter, including but not limited to, rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices or sound mitigation equipment or devices. C. The administrator may promulgate such rules as are necessary with regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this chapter D The administrator shall have the power to issue notices of violation for violations of this chapter Section 5. Regulations Amended. TMC Section 8.22.040 shall read as follows: 8.22.040 Measurement of Sound. A. The use of a sound level meter is not required to verify a noise violation. B. If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirement for a Type I or Type II instrument, as described in American National Standards Institute Specifications, ANSI S1.4 -1983 If the measurements are made with other instruments or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in ANSI S1.4 -1983 for Type II instruments. Section 6. Regulations Amended. TMC Section 8.22.050 shall read as follows: 8.22.050 Maximum Permissible Sound Levels. It is a violation to produce sound in excess of the permissible sound levels established by this chapter. 1. No person may produce or permit to be produced sound that exceeds the following maximum permissible sound levels when measured at or within the boundary of a receiving property District of District of Sound Receiving Property Producing Residential, I Residential, Source Daytime I Nighttime Commercial Industrial Residential 55 dB(A) I 45 dB(A) 57 dB(A) 60 dB(A) Commercial 57 dB(A) I 47 dB(A) 60 dB(A) 65 dB(A) Industrial 60 dB(A) I 50 dB(A) 65 dB(A) 70 dB(A) 2. At any hour of the day or night, the applicable noise limitations above may be exceeded for any receiving property by no more than: a. 5 dB(A) for a total of 15 minutes in any one -hour period, b. 10 dB(A) for a total of 5 minutes in any one -hour period, or c. 15dB(A) for a total of 1.5 minutes in any one -hour period. 3. The following also exceeds the maximum permissible sound levels: a. In all districts of the City, no sound from a sound producing source is permitted that is: 1) plainly audible from a motor vehicle sound system at a distance of at least 50 feet from the vehicle itself; or W Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 4 of 9 2) plainly audible commercial music at a distance of at least 50 feet from the property line of the commercial establishment; or 3) plainly audible during nighttime hours from within a noise sensitive unit of the receiving property; and b. When the receiving property is in a residential district, no sound from a sound producing source is permitted that is plainly audible at a distance of at least 50 feet from the exterior of a sound producing source, including sounds created by any motor vehicle operated off public highways. Section 7. Regulations Amended. TMC Section 8.22.060 shall read as follows: 8.22.060 Muffler Requirements. It is unlawful for any person to operate or for any owner to permit any person to operate any motor vehicle upon the public highways that is not equipped with a muffler in good working order and in constant operation. Section 8. Regulations Amended. TMC Section 8.22.070 shall read as follows: 8.22.070 Modification of Motor Vehicles. It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative or cause to be removed or rendered inoperative (other than for purposes of maintenance, repair or replacement) any muffler or sound dissipative device on a motor vehicle that is operated on the public highway. Section 9. Regulations Amended. TMC Section 8.22.080 shall read as follows: 8.22.080 Tire Noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason, provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. Section 10. Regulations Amended. TMC Section 8.22.090 shall read as follows: 8.22.090 Motor Vehicle Exemptions. Sounds created by motor vehicles operated on public highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are exempt from TMC Section 8.22.050 However, sounds created by motor vehicles operated off public highways and motor vehicle audio systems operated anywhere are subject to the provisions of TMC Section 8.22.050. Section 11. Regulations Amended. TMC Section 8.22.100 shall read as follows: 8.22.100 Sounds Exempt at all Times. A. The following sound producing sources are exempt from the provisions of this chapter at all times: 1. Aircraft in flight and sounds that originate at airports that are directly related to flight operations. 2. Safety and protective devices, such as relief valves and fire alarms, where noise suppression would defeat the intent of the device. 3. Systems used to warn the community of an imminent public danger or attack, such as flooding, explosion or hurricane. 4. Emergency equipment activated in the interest of law enforcement, activated to perform emergency work as defined in TMC Section 8.22.020, or activated in response to a power outage where it is necessary to activate such equipment to preserve the health and safety of persons or to prevent harm to property. 5 Warning devices not operated continuously for more than five minutes per incident. 6. The operation of equipment or facilities of surface carriers engaged in commerce by railroad. 7 Natural phenomena. 8. City- sanctioned parades, sporting events and other City- sanctioned public events. ssr.s: t}e-x —er the eer.st uction related materials, —limited to, strikin saw, er caiH 3en itl� W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 5 of 9 123 124 cicctrica'_ internal combu,tion e_:gi_ 2s a_.._nating `rcrn tent z_cr r constru-etian acs, provided the :c_..1. ;b propc •ty is located in a c r.r.2 :eia' -a_ ir.Anstrial district of the at,. 1£. `'aands created by hand or powe uipment used in ,c_:.rs c: ?fide-die Luc or repair of pr pert) u, s eta es ne4ue r.g 'but tact 1ia+ited to lay \'1L..c ..'a :5, p Y ?2 :2:. :arn val cquil.i`.2r a .1 car:, reeeiivingpreperty is located in a can nc:=eial --er industria4dfstr -ef the City. 149 Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residents within 500 feet of the oroiect including all residents of multi-family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. 4-210. Sounds created by existing or new electrical substations and existing or new stationary equipment used in the conveyance of water, waste water and natural gas by a utility are exempt from the nighttime reduction of TMC Section 8.22.050(B) only B. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.05 Section 12. Regulations Amended. TMC Section 8.22.110 shall read as follows: 8.22.110 Sounds Exempt During Daytime Hours. A. The following sound producing sources are exempt from the provisions of this chapter during daytime hours: 1. Aircraft engine testing and maintenance not related to flight operations, provided that aircraft testing and maintenance shall be conducted at remote sites whenever possible. 2. Bells, chimes or carillons operating for not more than five minutes in any one hour. 3 Sounds created by construction or the movement of construction related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites provided the recciving r •ope3t- is- leeatcd in a _csidcnti 4. Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters, provided the receiving property is lo cated in a:eaidential district of the City 5. Sounds created by the installation or repair of essential utility services. 6. Sounds created by equipment used for public highway maintenance and construction. 7. The testing of emergency back -up generators or other emergency equipment. B Sounds originating from the discharge of firearms on shooting ranges authorized under State and local law are exempt from the provisions of this chapter between 7AM and 9PM, Monday through Friday and 8AM and 6PM, Saturday, Sunday and State recognized holidays. C. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility The establishment of such requirement shall be subject to the provisions of RCW 34.04. Section 13. Regulations Amended. TMC Section 8.22.120 shall read as follows: 8.22.120 Variances. A. Any person who owns or operates a sound producing source may apply for a variance. B. Application types are based on the number Notice of Public of days /nights the sound Variance Application Hearing source will exceed the Permit Type Requirements Requirements maximum permissible sound levels as shown in the W-\ Word Processing Ordinances \Noise (reused final draft ord for COW 6 23).docx DM:ksn 06/22/2010 Page 6 of 9 following table: Number of days /nights maximum permissible sound level may be exceeded within a 12 -month period 30 days or less 31 -60 days More than 60 days Type 1 Administrative Variance Type 2 Administrative Variance Type 3 Variance No notice Mailed notice Mailed notice (1,2) No Hearing No Hearing Public Hearing (1) Mailed notice shall be provided per TMC Section 18,104.120 excepting that tenants that are not affected tenants per TMC Section 8.22.020 are not required to be sent notice. (2) The administrator shall have the discretion in unusual circumstances (i.e., unusual type or intensihi of noise or length of request) to require (additional) public notification procedures, such as causing notice to be published on the City's website, mailed notice provided to a wider geographic area, and/or no tice posted at the site. (3) In the case of residential varties and vrior to Qrantine the variance. the avvlicant shall vrovide written notice to all residents within 500 feet of where the event is being held, When the 500 foot radius includes multi- famihi conwlexes, all residents of the comvlex shall be notified. C. Variance types, procedures and appeals are pursuant to Title 18 of the Tukwila Municipal Code. D Applications for a variance to exceed the maximum permissible sound levels shall supply information, including but not limited to: 1. The nature, source, intensity and location of the sound, 2. The hours during the day and /or night the noise will occur; 3 The number of days and/ or nights the noise will occur; 4. The ambient sound level during the time of day or night for which the variance is being sought; 5 The time period for which the variance is requested, 6. The reason for which the noise violation cannot be avoided, 7 Mitigating conditions the applicant will implement to minimize the sound level violations; 8. The name, address and means of contacting a responsible party during the hours of operation for which the variance is requested, and 9. Any additional information or studies regarding any aspect of the requested variance that is deemed necessary to complete the review of the variance request. E. No variance in the provisions or requirements of this chapter shall be authorized by the administrator unless the administrator finds that all of the following facts and conditions exist: 1. There are exceptional or extraordinary circumstances or conditions applying to the appellant's property or as to the intended use thereof that do not apply generally to other properties in the same noise control district; 2. Such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the appellant, such right being possessed by the owners of other properties in the same noise control district; 3. The authorization of such variance does not endanger public health or safety of named persons in the same or adjacent noise control districts; 4. The granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC Section 8.22.010 F In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter The variance permit shall enumerate the conditions of the variance, including but not limited to: W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 7 of 9 125 126 1. Specific dates and times for which the variance is valid, 2. Additional mitigation measures or public notice requirements as determined by the administrator. 3. If the notice of application is for a sound generating event that does not start within thirty days of the notice. the applicant shall provide written notice to all residents within 500 feet of the vroiect including all residents of multi familv complexes. Written notice shall be provided between ten and thirty days of the onset of activity and shall enumerate the anticipated work schedule for the length of the oroiect. An affidavit of distribution shall be provided to the City. G. In establishing conditions on granting a variance, the administrator shall consider 1. Whether the public health, safety or welfare is impacted, 2. The social and economic value of the activity for which the variance is sought; 3. The ability of the applicant to apply best practical noise control measures; 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and 5 Any comments received during public notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past. H. The variance permit may be revoked by the administrator and the issuance of future variance permits withheld, if there is: 1. Violation of one or more conditions of the variance permit; 2. Material misrepresentation of fact in the variance application, or 3. Material change in any of the circumstances relied upon by the administrator in granting the variance. Section 14. Regulations Amended. TMC Section 8.22.130 shall read as follows: 8.22.130 Extension. A. Variances granted pursuant to this chapter may be extended on terms and conditions applicable to the initial granting of the variance. B. If granted for a shorter timeframe than otherwise allowed under the permit type, the holder of a variance permit may request one or more extensions. C. Prior to granting an extension, the administrator shall consider any comment or lack of comment received during the initial variance period. D The administrator may request any information deemed necessary to the consideration of the extension, including but not limited to noise monitoring reports and an updated assessment demonstrating there are no practical means known or available for the adequate abatement or control of the noise involved. E. Any request for an extension shall be submitted in writing and received by the administrator at least 15 days prior to expiration of a Type 1 or 2 variance and at least 30 days prior to the expiration of a Type 3 variance. F A request for an extension does not require re- noticing or a public hearing, but may be required by the administrator Section 15. Regulations Amended. TMC Section 8.22.140 shall read as follows: 8.22.140 Fees for Variances. An application fee and charges shall be paid at the time the variance application is filed with the City The fees and charges shall be per the Land Use Fee Schedule most recently adopted by the City Council. The LD° fee the Land Uoc Fee Schedule applies when t'_:c entire district of sc ::d source and the entire district of all receiving properties is LDR. In all other inaten-.ces, the "Other Zones" fee applies. Section 16. Regulations Amended. TMC Section 8.22.150 shall read as follows: 8.22.150 Violation Penalty. A. Every person, entity, firm or corporation who is determined to be in violation of this chapter has committed a civil infraction and shall be subject to the provisions of TMC Section 8.45.050. The monetary penalties are set forth below. 1. First civil penalty, $250.00. 2. Second civil penalty, $500.00. W \Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 8 of 9 3. Third and subsequent violations shall be misdemeanors, the maximum penalty for which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment. 4. At such time that two civil penalties have been assessed within a one -year period, City- issued permits and /or licenses for the site or the site activity may be suspended or revoked until the condition is corrected. 5. Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter B. The administrator may waive or reduce monetary penalties if findings are made demonstrating that the noise violation has been remedied. C. The owners, agents, contract buyers, tenants or lessees of all residential dwellings, commercial establishments, and or real estate upon which a violation of this chapter is found shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any damages or costs incurred or imposed under this chapter. D The penalties set forth in this chapter are not exclusive. The City may avail itself of any other remedies provided by law Section 17. Regulations Amended. TMC Section 8.22.160 shall read as follows: 8.22.160 Liability. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, its officers, employees or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. Section 18. Repealer. Ordinance No. 2002 is hereby repealed. Section 19. 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 20. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City within five days of passage as provided by law This ordinance shall take effect and be in full force following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney Jim Haggerton, Mayor W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Page 9 of 9 127 128 Type 1 Decisions TYPE OF PERMIT Administrative Variance for Noise 30 days or less (TMC 8.22.120) Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) Development Permit Minor modification to design review approval (TMC Section 18.60.030) Minor Modification to PRD (TMC Section 18.46.130) W.\ Word Processing \Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06/22/2010 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE Cu Y OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2119, 2135, 2235 AND 2251, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS TO REFLECT CHANGES TO TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the noise code of the City of Tukwila establishes permit application types pursuant to the Zoning Code; and WHEREAS, the Zoning Code of the City of Tukwila lists perrnit application types and procedures and the City wishes to update these permit types to include noise variance applications; and WHEREAS, on April 26, 2010, the Tukwila City Council Committee of the Whole, following adequate public notice, held a public hearing to receive testimony concerning amending the noise code and adopted a motion recommending the proposed changes; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinances Amended. Ordinance Nos. 2119 §1, 2135 §19, 2235 §19 and 2251 (part), as codified at TMC Section 18.104.010, are amended to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and /or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. Type 1 decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. DECISION MAKER Community Development Director As specified by ordinance Community Development Director Building Official Community Development Director Community Development Director Page 1 of 4 129 130 TYPE OF PERMIT Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable 1 Tree Permit (TMC Chapter 18.54) Wireless Communication Facility, Minor (TMC Chapter 18.58) 1 DECISION MAKER Community Development Director Community Development Director Community Development Director 2. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 2 Decisions TYPE OF PERMIT Administrative Design Review (TMC Section 18.60.030) Administrative Planned Residential Development (TMC Section 18.46.110) Administrative Variance for Noise 31 -60 days (TMC Section 8.22.120) Binding Site Improvement Plan (TMC Chapter 17.16) Cargo Container Placement (TMC Section 18.50.060) Code Interpretation (TMC Section 18.90.010) Exception from Single Family Design Standard (TMC Section 18.50.050) Modification to Development Standards (TMC Section 18.41.100) Parking standard for use not specified (TMC Section 18.56.100) Sensitive Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Shoreline Substantial Development Permit (TMC Chapter 18.44) Short Plat (TMC Chapter 1712) Sign Area Increase (TMC Section 19.32.140) Sign Permit Denial (TMC Chapter 19.12) Special Permission Parking, and Modifications to Certain Parking Standards (TMC Sections 18.56.065 and .070) Special Permission Sign, except "unique sign" (various sections of TMC Title 19) W Word Processing Ordinances \Tide 18 Zoning Code Noise.doc KS:ksn 06/22/2010 INITIAL DECISION MAKER Community Development Director Short Plat Committee Community Development Hearing Examiner Director Short Plat Committee Hearing Examiner Community Development Hearing Examiner Director Community Development Hearing Examiner Director Community Development Hearing Examiner Director Community Development Hearing Examiner Director Community Development Hearing Examiner Director Community Development Hearing Examiner Director Community Development State Shorelines Director Hearings Board Short Plat Committee Community Development Director Community Development Director Community Development Director APPEAL BODY (open record appeal) Board of Architectural Review Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Community Development Hearing Examiner Director Page 2 of 4 INITIAL DECISION APPEAL BODY TYPE OF PERMIT MAKER (open record appeal) Wireless Communication Community Development Hearing Examiner Facility, Minor (TMC Chapter Director 18.58) 3 Type 3 decisions are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 3 Decisions TYPE OF PERMIT 1 Conditional Use Permit Modifications to Certain Parking Standards (TMC Chapter 18.56) Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) 1 Resolve uncertain zone district boundary Shoreline Conditional Use Permit (TMC Section 18.44.050) Subdivision Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) TSD Special Permission Use (TMC Section 18.41.060) Variance (zoning, shoreline, sidewalk, land alteration, sign) Variance from Parking Standards over 10% (TMC Section 18.56.140) Variance for Noise in excess of 60 days (TMC Section 8.22.120) Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) 4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Pennits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 4 Decisions TYPE OF PERMIT Public Hearing Design Review (TMC Chapter 18.60) Subdivision Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Unique Signs (TMC Section 19.28.010) W \Word Processing \Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06/22/2010 1 DECISION MAKER 1 APPEAL BODY 1 Hearing Examiner 1 Superior Court Hearing Examiner Superior Court Hearing Examiner Superior Court 1 Hearing Examiner Planning Commission Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner INITIAL DECISION MAKER Board of Architectural Review Planning Commission Planning Commission 1 Superior Court State Shorelines Hearings Board Superior Court Superior Court Superior Court Superior Court Superior Court Superior Court APPEAL BODY (closed record appeal) Hearing Examiner Hearing Examiner Hearing Examiner 5 Type 5 decisions are quasi judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. Page 3 of 4 131 132 Type 5 Decisions TYPE OF PERMIT Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) Rezone (TMC Chapter 18.84) Sensitive Area Master Plan Overlay (TMC Section 18.45.160) Shoreline Environment Re- designation (Shoreline Master Program) 1 Subdivision Final Plat (TMC Section 17.12.0301 1 Unclassified Use (TMC Chapter 18.66) Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney W \Word Processing Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06/22/2010 DECISION APPEAL MAKER BODY City Council Superior Court 1 City Council City Council City Council 1 City Council 1 City Council Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number: 1 Superior Court Superior Court Superior Court 1 Superior Court 1 Superior Court 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 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 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 following review and approval by the Department of Ecology, pursuant to RCW 70 107.060 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST /AUTHENTICATED Page 4of4 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Director, Department of Community Development David Haynes, Chief of Police DATE: June 14, 2010 SUBJECT: Noise Ordinance Update ISSUE BACKGROUND DISCUSSION City of Tukwila Jim Haggerton, Mayor Should we treat noise received by residential uses in commercial and industrial districts differently that we treat noise received by residential uses in residential districts? Should we limit some noises created in commercial and industrial districts when a residential use occurs in that district? The proposed noise ordinance went to Community Affairs and Parks on April 12, 2010. During the public hearing, Council heard testimony from several citizens. At the May 3, 2010 Regular Meeting, Vanessa Zaputil reiterated her testimony and requested Council consider more stringent requirements to protect residential uses in commercial or industrial zones throughout the city, particularly from construction equipment, maintenance noises and other routine noises. She also requested noticing for noise events. The Council requested to see a map that highlights areas where residential uses exist in non residential zones. Council further requested that staff return to the Community Affairs and Parks Committee to review available options for addressing these concerns. State law sets standards that residents in residential districts are to be protected from unreasonable noises, particularly during nighttime hours when most are sleeping and when the ambient noise level is naturally reduced. State law and the current noise code also specifically exempt construction noise from nighttime limits in non residential districts. The proposed ordinance follows the WAC by allowing commercial and industrial activity to continue at night provided that noise from such activity does not spill over into residential districts. The proposed ordinance also exempts property maintenance noise within non residential districts while prohibiting those same noises from being received at night in residential districts. See Attachment A for a comparison between the proposed ordinance, the current code and the WAC. Non residential zones are principally for commercial and industrial uses which are noisier than residential uses. The map, provided as Attachment B, shows identifiable residential uses located in commercial or industrial zones. Tukwila's zoning code allows some form of residential use in every zone in the City. These residential uses range from single family dwellings to mixed -use buildings in commercial zones to caretaker homes on industrial properties. While the data is very limited, there are 88 identified residential units in non residential zones. Of these 88 units, 48 are non conforming residential uses. In the 12 months ending April 10, 2010, the City received 517 noise complaints through the police department. None of these complaints were for construction, highway construction or property maintenance noise that would be exempt under the new code. The new code adds an allowance for the Director to require noise abatement even for exempt sounds 133 134 INFORMATIONAL MEMO Page 2 Per the WAC, the proposed ordinance does not require a variance for highway construction noise in non residential zones and allows any noise variance up to 30 days in residential zones to be granted without notice. If variances and noticing of variance requests were to be required in all zones and for all time frames, applicant expense and staff time for variance requests would increase and the noticing provided for highway construction variance requests often occurs weeks or months before the actual noise generating event. Staff suggests an option to provide applicable notice at the onset of highway construction noise while not increasing the need for variances and a condition that variances granted more than 30 days before the noise event occurs include residential notice at the onset of the noise event. The proposed ordinance reduces staff time for processing variances, allows the status quo to continue regarding construction noise at night, is simple to enforce and allows the Director to require noise abatement for all sounds. However, the proposed ordinance could be amended to remove the exemptions for property construction noises, highway construction noises, noticing requirements, and /or property maintenance noises (see Attachment C for possible ordinance changes). The pros and cons of these options are detailed below. Issue 1: Remove property construction exemption The current code, the proposed ordinance, and the WAC all exempt nighttime construction noises in commercial and industrial districts. If the ordinance were to remove this exemption and apply the "plainly audible" standard to noise sensitive units in all zones for construction- related noises, then it would be possible for the residence located next to Boeing in the MIC /H zone to cause Boeing to have to cease building construction during nighttime hours. The Segale property could violate the noise ordinance if nighttime construction noise is received by the security residence on that property. In Option 1, existing nighttime construction practices may become violations unless a variance is granted. Variances would increase staff time and applicant expense and would be granted without notice when noise events are less than 30 days. Noise is not a vested right so the introduction of new residential uses could cause existing commercial and industrial -zoned properties to become noise violators. Residential uses in non residential zones could still experience nighttime property construction noise if a variance is granted. The City of Kirkland and City of Tacoma prohibit all property construction noise during nighttime hours. The WAC and Tukwila's current code exempt property construction noise in commercial and industrial districts but prohibit it where it impacts residential -zoned districts. Issue 2: Remove hiahwav construction exemption One of the principal goals of rewriting the noise code was to eliminate the need for variances and noticing for highway work conducted during nighttime hours in non residential zones Highway maintenance variances involve significant staff time and will cost the applicant fees while the variances granted in the last 3 years have not generated any complaints in Tukwila Due to the life safety issues regarding highway construction, nighttime highway construction variances will continue to be granted. (The requirement for highway maintenance variances in the existing code was due to a phrasing error and not likely the intent of the code.) Frequently, WSDOT construction noise is no louder than the ambient noise from the freeway. The WAC exempts highway maintenance noise at night in commercial and industrial districts. Issue 3: As a condition of anv variance and for anv niahttime hiahwav maintenance noise. require noticina at the onset of the actual noise- aeneratina event Noticing of noise variance requests often occur well before a project begins. The noticing is provided to alert citizens of the variance request and may or may not provide timely notice of when the actual construction will occur. Further, the proposed ordinance provides relief from noticing requirements for variances less than 30 days and does not require a variance for highway W 12010 InfoMemos\Noise CAP staff report2(06- 14- 10).doc INFORMATIONAL MEMO Page 3 construction noise in non residential zones. Adding a requirement for noticing at the onset of highway construction and as a condition of all variance requests provides residences an awareness of impending activity and an opportunity to plan accordingly. Noticing would only occur for residential uses and can be provided by mail or by door hangers; it would be similar to the noticing requirements added to residential parties at the CAP meeting on April 12, 2010. Noticing at the onset of events will also be required of City- sponsored projects which will increase staff time. Noise generating events are often weather dependant and span a significant length of time; noticing at the onset may not sufficiently prepare residents for the entirety of the actual noise occurrences. Issue 4: Remove property maintenance exemption The new code introduces an exemption for nighttime property maintenance. It is reasonable to expect commercial and industrial uses to use maintenance equipment during nighttime hours to prepare for daytime operations but no complaints for nighttime property maintenance have been received. Removing this exemption would mirror the existing noise code by maintaining a violation if citizens located in non residential zones are exposed to nighttime property maintenance noise from commercial and industrial properties. Variances could still be sought. Removing this exemption would make nighttime property maintenance noises subject to the "plainly audible" standard of the new code. The City of Kirkland prohibits property maintenance noise during nighttime hours. The City of Bellevue exempts property maintenance at night. The WAC only exempts property maintenance during the day and only from residential properties. RECOMMENDATION To balance the concerns of the residential community with the needs of commercial and industrial uses, staff recommends the following: Issue 1: Staff recommends no changes to the proposed ordinance and maintaining the construction exemption; Issue 2: Staff recommends no changes to the proposed ordinance and maintaining the highway construction exemption; Issue 3: Staff recommends requiring noticing at the onset of a noise generating event; and Issue 4: Staff recommends removing the exemption for nighttime property maintenance from the proposed ordinance. Staff recommends forwarding the draft ordinance with the recommended amendments to include Issues 3 and 4 for consideration to the Committee of the Whole meeting June 28, 2010. Proposed ordinance changes are included as Attachment C. ATTACHMENTS Attachment A: Table and summary of new code versus old code noise exemptions. Attachment B: Map Attachment C• Possible Ordinance Changes W InfoMemos\Noise CAP staff report2(06- 14- 10).doc 135 INFORMATIONAL MEMO Page 4 ATTACHMENT A Time when Noise is Exempt Aircraft maintenance Utility repair Bells Aircraft in flight Safety equipment Emergency equipment Warning devices Railroad Natural phenomenon Parades Substations Generator testing Construction Power equipment/ maintenance Highway maintenance NEW CODE Days Days Days Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days Days Days Days 13 6 W InfoMemos \Noise CAP staff report2(06- 14- 10).doc Receiving District Residential OLD CODE WAC 173 -60 Days Days Days Days Days /nights Days /nights Days /nights Variance required and always granted Days Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Not exempt Days Days Days Days Days (WAC 173- 62 -040) Receiving District Commercial /Industrial NEW CODE OLD CODE WAC 173 -60 Days Days Days Days Days Days /nights Days /nights Days/n ights Days /nights Days /nights Days /nights Days /nights Days /nights Days Days /nights Days /nights Days /nights Days Days Days /nights Days /nights Days /n ights Days /nights Days /nights Days /nights Days /nights Days /nights Not exempt Days /nights Days Variance required and always granted New code versus old codes: Specify Maximum Permissible Sound levels and give options for determining violations. It is a violation to exceed certain decibel levels based on time of day and district designations. Both codes exempt construction noise from temporary construction sites in commercial and industrial districts at all times. Both codes exempt highway maintenance noise in commercial and industrial districts. The old code also exempts highway maintenance noise in residential districts but because of a language error variances are required for highway maintenance. Both codes exempt property maintenance noise in all districts during the day. The new code also exempts property maintenance noise in commercial and industrial districts during the night. Additionally, in the new code, It is a violation to produce non exempt plainly audible sound that can be heard from within a noise sensitive unit during the nighttime hours. "Noise Sensitive Unit" includes residential use in any district. It is a violation to produce plainly audible commercial music at a distance of 50 feet from the property line of the commercial establishment. Days Days /nights Days/n ights Days /nights Days /nights Days /n ights Days /nights Days /nights Days /nights Days /nights Days /nights The WAC is silent on non- residential property maintenance Days /nights (WAC 173- 62 -040) ORMF'' MEMO e eting) IN p m Page 5 r provided at the GA large-scale map will be p cNME 6 pTT A yJyvitL� WQ.t legend gi Ct: y :::::::g7:::::7 "1 .10 a o d Zones onRs st a swe�.;e; peK; k______.i Cattow:RI dsmd d manxam o;evld_ staff rePo� (p6-A4-A0).dac ��toMemOS\No�se CAP GIS ,zoo 0 City of Ordnan N °Review Map 0 S. ppp Fed 138 INFORMATIONAL MEMO Page 6 ATTACHMENT C: Code Changes if Issue 1 is selected removing property construction exemption Code changes: 8.22.100 Sounds Exempt at all Time. C. Sounds created by construction or the movement of construction related materials, including but not limited to, c iking-e g sounds from hammers, caws or equipment with electrical-or internal combustion engines emanating from temporary construction sites, provided the receiving property is located in a commercial or industrial district of the City. 8.22.110 Sounds Exempt During Daytime Hours. 3. Sounds created by construction or the movement of construction related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites, provided thc receiving property is located in a residential district of thc City. Code Changes if Issue 2 is selected removing highway construction exemption Code change: 8.22.100 Sounds Exempt at all Time. S thc receiving property is located in a commercial or industrial district of the City. No Change: 8.22.110 Sounds Exempt During Daytime Hours 6. Sounds created by equipment used for public highway maintenance and construction. Code Changes if Issue 3 is selected requiring time specific noticing of highway construction Code change: 8.22.100 Sounds Exempt at all Time. 11. Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residences within 500 feet of the oroiect includina all residents of multi family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. Code change: 8.22.120 Variances. F. In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including but not limited to: 3. If the notice of application for sound aeneratinq events does not include the noise event starting within thirty days of the notice, the applicant shall provide written notice to all residences within 500 feet of the project includina all residents of multi family complexes. Notice shall be Provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the lenath of the proiect. An affidavit of distribution shall be provided to the City. Code Changes if Issue 4 is selected removing property maintenance exemption Code changes: 8.22.100 Sounds Exempt at all Time. 10. Sounds cr na-i ten -er.ce e;„epair -of property, uses or structures, 1 e!c, snow removal equipment, and compostcrs, provided the receiving property is located in a commercial or industrial district of thc City. W12010 InfoMemos\Noise CAP staff report2(06- 14- 10).doc 139 INFORMATIONAL MEMO Page 7 8.22.110 Sounds Exempt During Daytime Hours. 4.Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters, provided the receiving property is located in a residential district eft y 14 0 W InfoMemos\Noise CAP staff report2(06- 14- 10).doc COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes June 14, 2010 5.00 p.m.,- Conference Room #3 City of Tukwila Community Affairs and Parks Committee PRESENT Councilmembers: Joe Duffle, Chair; Joan Hernandez and Verna Seal Staff: Rick Still, Robert Eaton, Jack Pace, Nora Gierloff, Brandon Miles, Stacey MacGregor, Gail Labanara, Rebecca Fox, Ryan Larson, Derek Speck, Steve Lancaster and Kimberly Matej Guests: Mike Hansen, Sabey Corporation; Bob Schofield, Property Owner; Karlyne Iwata, Property Owner; Jordan Blue, Boy Scout Troop 448; Julie Blue, Resident; Vanessa Zaputil, Resident; and Nicholas Lee, Westifield CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5.00 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. Proiect Closeout for Duwamish Riverbend Hill Phase 1— Irrigation and Landscaoinn Staff is seeking Council approval for project closeout, acceptance and release of retainage to Terra Dynamics Inc. for the Duwamish Riverbend Hill Phase I irrigation and landscaping. No change orders were issued during this project. The project was completed ahead of schedule and came in under budget. Irrigation work and hydro seeding onsite are now complete. UNANIMOUS APPROVAL. FORWARD TO JUNE 21 REGULAR MEETING CONSENT AGENDA. B. Grant Applications: Duwamish Gardens Site 2 Phase Staff is seeking Committee approval to submit grant applications to the State Salmon Recovery Board (SRFB) and King Conservation District (KCD) for funding for the design portion of the Duwamish Gardens Site. It is anticipated that if received, grant funding will total approximately $180,000. The design phase is budgeted at $240,000, needing $60,000 of City funding. This project is budgeted in the current CIP (see CIP page 68). COMMITTEE APPROVAL TO MOVE FORWARD WITH GRANT APPLICATION PROCESS. C. Noise Ordinance The draft Noise Ordinance is returning to Committee per the direction of City Council (see May 3, 2010, Regular meeting minutes). Based on testimony given at a public hearing on May 3, Council was specifically interested in further research on options of addressing noise concerns in non residential zones that have residential uses. DCD staff has conducted further research and made changes to the draft ordinance, as appropriate. Consideration was given to potential future issues that may surface as the City sees more mixed use areas and zoning. City staff recognizes the importance of balancing the needs of both residential and commercial zones. In consideration of this balance, staff recommends two changes to the draft ordinance' Require notice at the onset of a noise generating event Require a variance for nighttime property maintenance 141 142 Community Affairs Parks Committee Minutes June 14. 2010 Pape 2 Staff also recommends leaving the construction and highway construction exemptions in the draft ordinance, as is, with no changes. A noise complaint history survey conducted on noise complaints received from April 2009 to April 2010 showed no history of noise complaints regarding property maintenance and construction. Committee members were complimentary of the additional research that staff conducted regarding the ordinance. They identified the comparison table on page 8 of the Committee agenda packet as well as information on ordinances of other cities as very useful. Committee Member Seal mentioned the importance of identifying and recognizing the unintended consequences that may surface as a result this ordinance. She believes that there is great benefit of a full Council discussion on the staff recommendations. Several members of the public were in attendance at the Committee meeting. The following concerns were expressed: Snow Removal Under the draft ordinance, snow removal (on private property compared to public), is considered property maintenance, and could not begin until daytime hours, as defined by the ordinance. Maintenance /Construction Clarification An attendee inquired about the difference between maintenance and construction in regards to work currently being conducted by Sound Transit. Staff responded that the work falls under property maintenance in the draft ordinance and would require a variance for nighttime work. Specific Zoning Exceptions In response to concerns over unintended consequences, a suggestion was made to consider specific zoning exceptions rather than imposing a blanket rule on an entire zoning area. The Committee thanked the citizens for their input and interest in the draft ordinance, and reminded them of the importance of attending Council meetings to express their concerns during the citizen comment opportunity. Due to the magnitude of this issue and the importance of a full Council discussion on the item, the Committee deferred making a recommendation. NO COMMITTEE RECOMMENDATION. FORWARD TO JUNE 28 COW FOR DISCUSSION. D. Sign Code Ordinance Staff is seeking Council approval of a draft ordinance establishing a new Sign Code for the City, replacing the current Sign Code which was written in 1982. The draft Code, presented in draft ordinance format has been reviewed and is recommended by the Planning Commission. A brief overview of the public participation and outreach process for the creation of this draft ordinance was given (documented in detail on page 14 of the Committee agenda packet). The process began in 2007 with the formulation of a Sign Code Advisory Committee. The Sign Code Advisory Committee was concerned specifically with identifying the vision of Tukwila in regards to signage. The Committee did not become involved with the details of the draft ordinance. Other milestone dates include: a joint City Council/Planning Commission meeting held in January 2009, and the Fall of 2009 when the Planning Commission began review of the new Code. The following list highlights differences between the existing and new Sign Code: Due to basing signage regulations on the size of property, the new Code will increase the number of signs allowed for many of Tukwila's businesses. e In order to be consistent with new development patterns, the type of building mounted signs is being amended. CAS NUMBER: AGENDA ITEM TITLE SPONSOR'S SUMMARY Fund Source: Comments: MTG. DATE 6/28/10 7/12/10 7/19/10 MTG. DATE 6/28/10 7/12/10 1U -U /b CATEGORY Discussion Mtg Date 7/12/10 Mtg Date EXPENDITURE REQUIRED Meeting Date 06/28/10 07/12/10 07/19/10 COUNCIL AGENDA SYNOPSIS Prepared by SL SL SL Inateals Mayoes_rvnesv o unal ernew ITEM I ORIGINAL AGENDA DATE. JUNE 28, 2010 Review planned revenue enhancements (Utility Tax, Business License, RGRL, Permit Fees) as well as potential "Voter Approved" revenue enhancements. Motion n Resolution Ordinance Bid Award n Public Heanng Other REVIEWED BY I I COW Mtg CA &P Cmte F &S Cmte Mtg Date Mtg Date 7/19/10 Mtg Date Mtg Date Mtg Date SPONSOR Council Ma n Adm Svcs DCD Finance Fire Legal P&R Police PW/ Administration will present an overview of revenue enhancement options discussed to date based on preliminary direction provided by Council during prior C.O.W meetings. Draft ordinances are included with this agenda item for Council review and feedback. This item is for informational purposes only at this time. Final ordinances will be presented for Council consideration at the 7/12/10 C.O.W and 7/19/10 Regular Council meeting. Utilities Cmte Arts Comm. 1 1 Parks Comm. II DATE. RECOMMENDATIONS: SPONSOR /ADMIN Mayor's Office COMMITTEE Information only; Agenda item taken directly to C.O.W. COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 6/23/10 Revenue Enhancements spreadsheet Draft Ordinances RGRL, Utility Taxes and Business License Fee Planning Comm. ITEM No. Transportation Cmte 4 �i 144 City of Tukwila TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE: June 24, 2010 INFORMATIONAL MEMORANDUM SUBJECT: Review of Revenue Enhancement Options ISSUE Jim Haggerton, Mayor The City Council has asked for a review of the current status of various revenue enhancement options available to the City. BACKGROUND The City Council has reviewed a number of revenue enhancement options in prior weeks at several recent Committee of the Whole meetings. Administration is presenting a review of these options based on initial direction given by Council regarding which options to pursue, when to pursue them, and recommendations on amounts and rates. The revenue enhancement options presented will be utilized in conjunction with wage and benefit concessions and program /service reductions, as part of a three pronged approach to generate approximately $9 million annually from a combination of new revenues and expenditure reductions. DISCUSSION The City Council has reviewed nine different revenue enhancement options to date. These options are: 1. Property tax levy lid lift. 2. EMS levy. 3. Utility tax increase and /or extension. 4. Business license fee increase. 5. Revenue generating regulatory license (head tax). 6. Planning fee increase. 7. Transportation Benefit District (TBD) license fee 8. TBD sales tax. 9. Special purpose fire authority. Direction given so far by Council is to consider a property tax levy lid lift in 2011. The EMS levy will be put on hold at this time until a decision is made regarding which direction the City wishes to take on the fire authority item. Draft ordinances are presented with this agenda item for items 3, 4 and 5 above. Council has already taken action on the planning fee increases at its June 21, 2010 Regular meeting. The TBD license fee option will not be explored further at the direction of Council. Options for a TBD sales tax will be presented and discussed with Council in July or August. Council recently authorized the formation of an exploratory committee to further investigate fire authority options, with a report back to Council by September 30, 2010. 145 INFORMATIONAL MEMO Page 2 Voter approval will be necessary for items 1, 2, 8 and 9 above. Election dates are established according to state law in the Revised Code of Washington. King County publishes deadlines cities must meet in order to get items on the ballot during the special or general elections, including specific deadlines for submission of information to be included in the voter pamphlet. The next general election in the state will be held on November 2, 2010. A City wishing to put an item on the ballot for that election must pass an ordinance, including the appropriate ballot title language, and transmit that ordinance to the County by August 10, 2010. The deadline for filing a statement for the voter pamphlet is August 13, 2010. Statements for and against the ballot proposal must be submitted to the County by August 18, 2010 Rebuttals of the pro /con statements must be to the County by August 20, 2010. The deadline for filing an ordinance with the County for the February 8, 2011 Special Election is December 23, 2010. In addition to the nine revenue options listed above, Council has requested that the potential for seeking voter support for a new funding source to support Tukwila Pool be explored. At its June 22, 2010 Budget Work Session, the Council acknowledged the need and expressed support for the City Administration's recommendation to close Tukwila Pool no later than September 2011, unless a partner willing to operate the facility can be found. However, Council requested that another option be explored as well: asking Tukwila's voters to consider either a property tax levy lid lift or formation of a Metropolitan Park District specifically for the purpose of providing sufficient revenue to keep the pool open. Staff has started its investigation of this option. Preliminarily, staff will recommend that this effort focus primarily on the Metropolitan Park District idea rather than a levy lid lift. The Park District option is well tailored to this type of need, whereas the levy lid lift option has much broader applicability and is probably best left "in reserve" for other potential needs that cannot be met by other means. Submitting a Metropolitan Park District (or levy lid lift) proposal to the voters would follow the same schedule as for the other voter approval issues listed above. RECOMMENDATION No recommendation at this time, this item is for informational purposes only. The draft ordinances will be finalized and presented to Council for action at the July 12, 2010 Committee of the Whole meeting and July 19, 2010 Regular meeting. 14 6 c templ XPGrpWise\ cnfoMemo _RevenueEnhancementsJune28C0W .docx Revenue Enhancements Budget Target: $9M in New Revenue /Expenditure Reductions Property tax levy lid lift EMS levy Increase utility tax on city -run utilities Increase business license fees RGRL (head tax) Increase planning fees fccs TBD sales tax Special purpose fire district/authority One -time Sell surplus property Revenue Increases (Target $3.4 million) Non -voter approved (a) Voter approved 500,000 750,000 282,000 161,000 2,475,000 350,000 1-2-0 3,800,000 6,250, 000 3,388,000 11,300,000 14,688,000 Annual Revenue 2010 2011+ (a) (a) (a) (a) 525,000 525,000 2,299,000 5,000,000 1,700,000 79,000 2,100,000 120,000 (a) Revenue option requires voter approval. (b) Consider property tax levy lid lift in 2011. (c) Hold EMS levy proposal for evaluation of fire service options (d) In 2012 extend 10% rate through 2015, generating $1.0 million per year in revenue (e) Council has requested a report back to them in July regarding TBD options, and purpose /composition of resident/business advisory committee. (f) Options for fire service provision will be presented and discussed during a June COW meeting. (g) One -time revenue from sale of FS53 ($450,000), S 180th W Valley Hwy ($250,000), and old Newporter site ($1,000,000). (b) (c) (d) (9) 147 148 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING REVENUE GENERATING REGULATORY LICENSES TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.62, "REVENUE GENERATING REGULATORY LICENSES PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council recognizes that the City of Tukwila is in need of additional revenue sources in order to address a dramatic decline in recent sales tax collections; and WHEREAS, the City Council and Mayor are in the process of implementing permanent reductions to the general fund operating budget; and WHEREAS, such expenditure reductions are not sufficient to fully account for the recent decline in revenue, the City Council has deterrmned that it is in the best interest of Tukwila citizens and businesses to provide long -term financial stability, rather than continuing to use one -time cost savings, to address unplanned economic challenges the City might be faced with in the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code Chapter 5 62, "Revenue Generating Regulatory Licenses," is hereby established to read as follows. CHAPTER 5.62 REVENUE GENERATING REGULATORY LICENSES Sections: 5.62.010 Regulatory Licenses 5.62.020 Revenue Generating Regulatory License Fee (RGRL) 5.62.030 Determination of number of employees for RGRL 5.62.040 Penalties 5.62.010 Regulatory licenses. A business that holds a current valid City of Tukwila regulatory license under another chapter of this code must also file the general business license application form, pay the general business license fee and pay the revenue generating regulatory license fee (RGRL) pursuant to this chapter The fee levied in this chapter shall be additional to any license fee or tax imposed or levied under the law or any other ordinance of the City except as expressly provided herein. 5.62.020 Revenue generating regulatory license fee (RGRL). A. General. In addition to the business license fee, the highest applicable RGRL in this section shall be paid for the annual license issued under this chapter. W Word Processing Revenue Generating Regulatory License SH:mrh 06 /23/2010 Page 1 of 5 149 150 1 A business with less than $12,000 00 of average annual gross receipts shall be exempt from any RGRL. 2. For the purposes of this section and in determining the applicable RGRL, the term "employee" means and includes each of the following persons who are not required by the City to have his /her /its own separate City of Tukwila business license: a. Any person who is on the business's payroll, and includes all full -time, part tune, and temporary employees or workers, and b Self- employed persons, sole proprietors, owners, managers, and partners; and c. Any other person who performs work, services or labor at the business, including an independent contractor who is not required to have a separate City of Tukwila business license. 3 An entity that is entirely exempt from paying the business license fee shall be exempt from any RGRL. 4. An entity with some activities or functions that are exempt from the business license fee and some that are not exempt shall pay an RGRL based on the number of its employees that are involved in the functions or activities that are not exempt. B Amount of RGRL. 1. Revenue Generating Regulatory License (RGRL) Fee Method. Except as otherwise provided by this chapter, every person engaging in business within the City shall pay an RGRL based upon the number of employee hours worked in Tukwila during the previous year Annual employee hours are calculated based on the sum of the four quarterly reports submitted to the Washington State Department of Labor and Industries (L &I) for the previous year It will be the responsibility of the employer to determine the number of hours worked within the City from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of hours worked within the City and demonstrate, if required, to the satisfaction of the Finance Director or his /her designee, that the number of employee hours worked is correct. 2. The annual RGRL fee shall be calculated by multiplying the minimum fee, as defined in subsection (F) of this section, by the number of full- time equivalent employees that worked in Tukwila. The approved tax rate per full -time employee is $0.028646 (which represents a RGRL multiplier of $0 028646 per employee hour worked), as may be adjusted herein. Employers without a full year history would need to estimate the number of employee hours that will be worked in the current calendar year 3 If a business has more than one location in Tukwila, the annual business license fee calculation must include a minimum fee for each location and the RGRL for annual employee hours at all locations C. Alternative FTE Method. A business may choose to calculate its annual RGRL fee by multiplying the minimum fee by the number of its employees. The number of employees shall be based on the sum of the employees in the 4 quarterly reports submitted to the Washington State Department of Labor and Industries (L &I) for the previous year divided by four It will be the responsibility of the employer to determine the number of employees working within the City from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of employees working in the City and demonstrate, if required, to the satisfaction of the Finance Director or his /her designee, that the number of employees is correct. Employers without a full year history would need to estimate the number of employees that will work in the City for the current calendar year. W Word Processing Revenue Generating Regulatory License SH:nuh 06/23/2010 Page 2 of 5 1. Once the FTE methodology has been selected, it must be used for future renewals. 2. Businesses with more than one location must use the same method of calculation for all locations 3. For businesses with employees who work less than 1,920 hours per year (the work hour figure used by the Washington Department of Labor and Industries) the total number of hours worked by all such employees during the 4 quarters of the previous year shall be added together and divided by 1,920 to determine the FTE equivalency 4. It will be the responsibility of the business to determine the total number of FTEs (or equivalency) and demonstrate, if required, to the satisfaction of the Finance Director or his /her designee that the calculation is accurate. D The RGRL fee for a business required to be licensed under this chapter and not located within the City's corporate limits shall be calculated by multiplying the minimum fee by the number of employee hours worked within the City, but in no event shall the license fee be less than the minimum fee set forth in this chapter If the number of employee hours worked is not known at the time of renewal, the business shall estimate the maximum number of employee hours they anticipate using in Tukwila during the year E. Businesses doing business in the City that have no employees physically working within the City shall pay the minimum fee required under this chapter F. The minimum fee under this chapter shall be $55 00, and may be amended from time to time. G. Payment made by draft or check shall not be deemed a payment of the RGRL fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check or draft operate as a quittance or discharge of the fee unless and until the check or draft is honored. Any person who submits a RGRL fee payment by check to the City pursuant to the provisions of this chapter shall be assessed an NSF fee set by the Finance Director if the check is returned unpaid by a bank or other financial institution for insufficient funds in the account or for any other reason. 5.62.030 Determination of number of employees for RGRL. For the purposes of this section, "employee" shall be defined as in Section 5 62.020 A. Standard Rule. In determining the amount of RGRL fee to be paid for the upcoming license year, the number of employees shall be the current number of employees or the number of employees on the last regular working day of each of the last twelve months divided by twelve, whichever is higher Each person who comes under the definition of "employee" shall be counted as one employee, even if the person works part -time. B. Alternative Method "FTE A business may choose to calculate the number of employees for the purpose of the RGRL fee according to the following alternative method based on the number of employee hours worked for the business during the previous year 1. The business must notify the City of its choice to use the FTE method. It will be the responsibility of the business to determine the number of hours worked for the business, taking into account the information submitted to L &I in the last 4 quarterly reports. The business must demonstrate, to the satisfaction of the Finance Director, that the alternative calculation is accurate. The director may require the business to submit copies of its L &I reports. W Word Processing Revenue Generating Regulatory License SH:mrh 06/23/2010 Page 3 of 5 151 152 2. Each employee who worked more than 1,920 hours during the previous year (including paid time off) shall be counted as one employee. If a person such as an owner or partner devotes more than 1,920 hours per year to the business, then that person must be counted as one employee for RGRL purposes. 3 Where there are employees who work less than 1,920 hours per year, the total number of hours worked by all such employees during the previous year shall be added together and divided by 1,920 A fraction of one -half or over shall be rounded up Hours worked by persons who are defined as employees for RGRL purposes must be included in the calculation even if the business is not required to report to L &I concerning such persons. 4. The results from subsection (B)(2) of this section plus subsection (B)(3) of this section shall be the total number of employees used to determine the amount of the RGRL. C. New Businesses. The RGRL fee for a business that did not submit reports for each of the last 4 quarters to L &I shall be based on the estimated number of employees of that business. The business shall provide its estimate of the average number of employees for the upcoming year The City will determine the number of employees that will be used in calculating the amount of the RGRL. If, during the license year, the City determines that the actual number of employees is significantly different than estimated, then the amount of the RGRL fee will be recalculated for the new business. If the revised RGRL fee is higher, the business must pay the difference within thirty days after notification. D Over Reporting Number of Employees A business may request that the City refund RGRL overpaid on the basis that the business miscounted the number of employees by an error factor of more than 15% The request must be in writing and the City must receive the request and all supporting documentation no later than 60 days after the end of the licensee's fiscal year in which the error was made. If the City is satisfied that the licensee paid an excess RGRL, then the City will refund the excess RGRL paid by the licensee. E. Under Reporting of Employees. If the City determines that the number of employees was under- reported at the time of application or renewal by an error factor of more than 15 the business shall pay the balance of the applicable RGRL fee together with a penalty of 20% of such balance due. The business shall also reimburse the City for any accounting, legal, or administrative expenses incurred by the City in determining the under reporting or in collecting the additional amounts The Finance Director shall mail written notice of the amount to be paid and the business shall pay said amount to the City within 30 days. If the City does not receive timely payment, an additional penalty shall be added, applying the schedule for late payments in this chapter 5.62.040 Penalties A. There shall be a penalty of not less than $50.00 to reinstate any business license revoked through nonpayment of the RGRL fee. B. Monetary Penalty. Failure to pay the RGRL fee within 20 days after the day on which it is due and payable pursuant to TMC 5 62.020 shall render the business subject to a penalty of 5% of the amount of RGRL fee for the first month of the delinquency and an additional penalty of 5% for each succeeding month of delinquency, but not exceeding a total penalty of 25% of the amount of such RGRL fee, plus any accounting, legal or administrative expenses incurred by the City No business license for the current period shall be granted until the delinquent fees, together with penalties, have been paid in full. The Finance Director or his /her designee is authorized, but not obligated, to waive all or any portion of the penalties and interest provided herein in W Word Processing Revenue Generating Regulatory License SH:nuh 06 /23/2010 Page 4 of 5 the event that the Director or his /her designee determines that the late payment was the result of excusable neglect or extreme hardship C. Collection. Any RGRL fee due and unpaid under this Chapter, and all penalties thereon, shall constitute a debt to the City and may be collected in court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to any and all other existing remedies. D Revocation of License. The Finance Director may revoke any business license issued pursuant to this Chapter to any business or other person who is in default in any payment of any RGRL fee hereunder, or who shall fail to comply with any of the provisions of this Chapter. Notice of such revocation shall be mailed to the license holder by the Finance Director, and on and after the date thereof any such business who continues to engage in business shall be deemed to be operating without a License and shall be subject to any and all penalties herein provided. 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 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 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 and effect 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 2010 ATTEST/ AUTHENTICATED Christy O'Flaherty, CMC APPROVED AS TO FORM BY Office of the City Attorney W Word Processing Revenue Generating Regulatory License SH:mrh 06 /23/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Page 5 of 5 153 154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2258 §1(PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.54, REVISING THE CITY UTILITY TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, when Ordinance number 2258 was passed, the City Council wished to provide a sunset provision for the collection of City utility taxes; and WHEREAS, the City Council and Mayor have reviewed the current general fund status and operating budget and have determined that it is in the best interest of the Tukwila Citizens to extend the current sunset provision to 2015, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 3.54.030 Amended. Ordinance No 2258 §1(part), as codified at TMC 3.54.030, is hereby amended as follows: A. There is levied upon water, sewer and surface water utilities, taxes in the amount to be determined by the application of rates given against gross earnings as follows: 1. Upon the City water, sewer and surface water funds, a tax equal to 15% of the total gross revenue from such business from all customers in the City during the period for which the tax is due. Such tax shall be effective from December 31, 2008 through April 30, 2010. 2. Upon the City water, sewer and surface water funds, a tax equal to 10% of the total gross revenue from such business from all customers in the City during the period for which the tax is due. Such tax shall be effective from May 1, 2010 through December 31, 201-22015. 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 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 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 and effect 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 2010 ATTEST/ AUTHENTICATED• Christy O'Flaherty, CMC APPROVED AS TO FORM BY Office of the City Attorney DRAFT W \Word Processing Ordinances \ULaity Tax Sunset Extension.docx SH:mrh 06/23/2010 Jim Haggerton, Mayor Filed with the City Clerk. Passed by the City Council. Published. Effective Date: Ordinance Number Page 1 of 1 155 156 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2179 92 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.04, REVISING THE CITY'S BUSINESS LICENSE FEE SCHEDULE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council recognizes that the City of Tukwila is in need of additional revenue sources in order to address a dramatic decline in recent sales tax collections; and WHEREAS, the City of Tukwila's business license regulations have been established to ensure the legal conduct of businesses; to assist in the effective administration of health, fire, building, zoning and other codes of the City; and to provide a means for obtaining public information and compiling statistical information on existing and new businesses within the corporate limits of the City of Tukwila, and WHEREAS, the City Council and Mayor are in the process of implementing permanent reductions to the general fund operating budget; and WHEREAS, such expenditure reductions are not sufficient to fully account for the recent decline in revenue, the City Council has determined that it is in the best interest of Tukwila citizens and businesses to provide long -term financial stability, rather than continuing to use one -time cost savings, to address unplanned economic challenges the City might be faced with in the future, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 5.04.020 Amended. Ordinance No. 2179 92 (part), as codified at TMC 5.04.010, is hereby amended as follows: A. Any person desiring to establish or conduct any business enterprise or undertaking within the corporate limits of the City shall first apply to the City Clerk for a license to conduct such business. The application shall be upon a form furnished by the Clerk on which the applicant shall state the company naive and address; the nature of the business activity or activities in which he desires to engage, the place where the business will be conducted, the number of employees, whether full or part -time, on the payroll as of January 1, or, if a new business, the number to be employed on the opening date, and other information pertaining to the business as required by the City B The application must be accompanied by a check, cash or money order for the amount of the license fee. All fees will be based on the number of employees, whether full or part -time, as follows: 0to2 -010 $10000 2111 to 5020 $150 00 5121 to 40050 $200.00$300.00 51 to 100 $400.00 101 and up x $300- 00$600.00 Home Occupation (pursuant to TMC 5 04.010) $50 00 W Word Processing Business License Fee Increase SH:nsh 06/23/2010 Page 1 of 2 157 158 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 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 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 and effect 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 2010 ATTEST/ AUTHENTICATED Christy O'Flaherty, CMC APPROVED AS TO FORM BY Office of the City Attorney W Word Processing Business License Fee Increase SH:nth 06/23/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Page 2 of 2 28th (Monday) Community Affairs Parks Cmte, 5 00 PM (CR #3) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) 5th (Moiidav) Fourth of July (observed) City offices closed 29th (Tuesday) Utilities Cmte, 5:00 PM (CR #1) 6th.(Tues'daY) Summer Work Party at Codiga Park 1000 AM to 2:00 PM Registration required: E -mail Dhira Brown at restoration @puget sound.org or call 206- 382 -7007, ext. 182 3- Chamber of Commerce Gov't. Community Affairs Cmte., 12:00 NOON (Chamber Office) Transportation Cmte, 5:00 PM (CR #1) Civil Service C :3n CANCELLED Arts Commission, 5.30 PM (Community Center) Upcoming Meetings Events JUNE JULY 2010 30th (Wednesday) Happy Hour Weeding at North Wind's Weir Restoration 3.30 to 5.30 PM Focus will be on digging up common tansy and Himalayan blackberry Please RSVP to Dennis Clark at dennis.clark@ king county.gov or call 206 296 -1909 to sign up. 7th:(Wednesday)_ 8th Finance Safety Cmte, 5 PM (CR #3) Sister City Cmte, 5.30 PM (Location TBD) 1st (Thursday) Egtri1y Diversity Gcm missiea CANCELLED 2nd (Friday) Human Services Advisory Board, 10 AM (Human Services office) 3rd (Saturday) SUNDAY, JULY 4 Family 4th at Fort Dent Park 2:00 to 11 PM (Fireworks start at 10 Phi sharp) Activities, entertainment, food vendors and fun! For more information call 206- 768 -2822 (Thursday) 9th (Friday): 10th (Saturday) Council Coffee Chat 10:00 AM to 12:00 NOON at Starbucks (13038 Interurban Ave) Stop by and informally talk with a Tukwila City Councibnember about anything on your mind regarding Tukwila. ➢City Council Executive Session, 6.30 PM (Council Chambers) City Council Regular Mtg., 7 PM (Council Chambers) City Council Regular Meeting: 1st 3rd Mon., 7 PM, Council Chambers at City Hall. City Council Committee of Whole (C.O W.) Meeting: 2nd 4th Mon., 7 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room 143 Agenda items for 6/28/10 meeting' (A) Amendment to Doak settlement agreement. (B) Ordinance adopting the State Building Code. (C) 2010 Parks Recreation update —Golf DiViSi017 and Youth and Teen. Equity Diversity Commission: 1st Thurs., 5 15 PM, Conf. Room #3 Contact Joyce Trantina at 206 -433 -1850 Finance Safety Committee: 1st 3rd Tues., 5 PM, Conf. Room #3 ATransportation Committee: 1st 3rd Mon., 5 PM, Conf. Room #1 Utilities Committee: 2nd 4th Tues., 5 PM, Conf Room #1 Agenda items for 6/29/10 meeting (A) National Pollutant Discharge Elimination System (NPDES) Program Municipal Storrnwate Capacity Grants FY 2012. (B) Tukwila 205 Levee —Tree Removal Project completion and acceptance. 159 160 June July Tentative Agenda Schedule MONTH. MEETING 1 MEETING 2 MEETING MEETING 4 REGULAR C.O.W. REGULAR C.O.W. 5th Independence Day (observed) (City offices closed) August 30th Fifth Monday of the month —no Council meeting scheduled 6 (Tuesday) 12 6:30 PM EXECUTIVE SESSION Special Presentation: Information on the Highline Botanical Garden Foundation (Wendy Morgan) Unfinished Business: Two resolutions for surplus fire equipment Comprehensive Plan amendments Noise regulations 1. Ordinance updating regulations to clanfy definitions, requirements and enforcement 2. Ordinance amending the Zoning Code to reflect changes based on new noise regulations Sign Code update ordinance Budget: Administration presentation on Parks Recreation cost of services (discussion only) 2 9 New Business: Briefing by adminis- tration regarding implementation of program and service reductions 14 6:30 PM EXECUTIVE SESSION Special Presentation: Proclamation recognizing Parks Recreation month Special Issues: Options for increasing revenue to the City, to include but not limited to business license fee changes, utility tax changes, revenue generating regulatory license fee implemen- tation, and permitting fee changes. Discussion shall include consideration of the amount and timing of implemen- tation of any new fees or changes to existing fees and /or taxes. (Public meeting format) 21 19 Special Presentations: Presentation by the Girl Scouts of a donation to the Police Department K -9 unit Employer support of the Guard and Reserve presenta- tion to Tukwila Police Department and City New Business: Adopt revenue enhancements and implement program /service reductions where possible REGULAR MEETING TO BE FOLLOWED BY A BUDGET WORK SESSION Special Issues: Conduct second review of Parks Recreation proposed program and service reductions 16 28 See agenda packet cover sheet for this week's agenda (June 28, 2010 Committee of the Whole Meeting) 26 Special Issues: Presentation on status of labor negotiations, and Council discussion of next steps (budget) 23 COMMITTEE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING