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Home My WebLink AboutCOW 2014-06-09 Item 4D - Discussion - Sign Regulations for Freeway Interchange SignsCOUNCIL AGENDA SYNOPSIS - hrltials Meeting Date Prepared GI 06/09/14 BM M <'r''s review C... , ell review ITEM INFORMATION ITEM No. 101 STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 6/09/14 AGENDA ITEM TITLE Briefing regarding sign regulations for freeway interchange signs. CATEGORY 11 Discussion hits Date 06/09/14 III Motion ilitg Date ❑ Resolution Alts Date ❑ Ordinance A Date ❑ Bed . <trvanl hits Date ❑ Public Hearing Mts Date ❑ Other Mtg Date SPONSOR ❑ Council 1 Maio,r ❑ i I R `1 DCD ❑ Finance • Fire ] 1.1 1 Pe it ❑ 1'o ,,e ❑ PIr SPONSOR'S During the February 11, 2014 Community Affairs and Parks meeting, the owners of the SUMMARY Union 76 station at 13310 Interurban Avenue discussed their desire to see the regulations regarding freeway interchange signs modified. The owners want to reface and expand the existing 200 square foot freeway interchange sign (100 sf per face) in a manner that is not permitted under the City's Sign Code. Their proposed sign would have a total square foota • e of 488.16 s ■ uare feet 244.8 sf ■ er face . REVIEWED BY ❑ COW lrltg. ❑ Utilities Cmte DATE: 2/4/14 ID CA &P Cmte ❑ F &S Cmte ❑ Parks Comm. COMMITTEE CHAIR • Transportation Cmte ❑ .1rts Comm. & 3/25/14 ❑ Planning Comm. DUFFIE RECOMMENDATIONS: SPoNsoR/AD. COMMITTEE \IIN. Department of Community Development No recommendation, Forward for Discussion COST IMPACT / FUND SOURCE EXPENDU L RE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 06/09/14 MTG. DATE ATTACHMENTS _ 06/09/14 Staff memo, dated March 4, 2014, updated June 3, 2014. Staff memo, dated February 4, 2014. Minutes of Community Affairs and Parks, dated February 11, 2014. Photo Renderings Provided by Gas Station Owner. Minutes of Community Affairs and Parks, dated March 25, 2014. Maps showing location of "Freeway Interchange Zones." Photos of Existing Freeway Interchange Signs in City. 101 102 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Committee of the Whole FROM: Jack Pace, Director BY: Nora Gierloff, Deputy DCD Director Brandon J. Miles, Economic Development Planner DATE: March 3, 2014, Updated June 3, 2014 SUBJECT: Sign Code Regulations - Freeway Interchange Signs 2"d Briefing Memo (Updated Following CAP Meeting) ISSUE Should sign code regulations prohibiting new and enlarged freeway interchange signs within the City be modified? BACKGROUND On February 11, 2014, Community Affairs and Parks received a briefing regarding freeway interchange signs in the City. A copy of the briefing memo and minutes from that meeting are attached to this memo. CAP received a subsequent briefing on March 25, 2014. A copy of the briefing memo and minutes from that meeting are also attached. CAP has forwarded this matter to the Committee of the Whole for discussion without a recommendation. During the February 11, 2014 Community Affairs and Parks meeting, the owners of the Union 76 station at 13310 Interurban Avenue discussed their desire to see the regulations regarding freeway interchange signs modified. The owners want to reface and expand the existing 200 square foot freeway interchange sign (100 sf per face) in a manner that is not permitted under the City's Sign Code. Their proposed sign would have a total square footage of 488.16 square feet (244.8 sf per face). The largest freeway interchange sign permitted under the prior Sign Code was 250 sf (125 sf per face). Under the current Sign Code no new freeway interchange signs are permitted and existing ones may be refaced and have copy changes until August of 2015, provided the height and area of the sign remain unchanged. Following the meeting staff rnet with one of the owners in order to gain a better understanding of the owner's goals and sign needs. Staff also reviewed photos from Google Earth to determine the visibility of the existing sign from Interstate 5 and State Route 599. DISCUSSION The following photos from Google Earth demonstrate that the visibility of the existing sign (as well as other freeway interchange signs in the area) is severely limited by the topography, trees' and the design of the roadway. Often times when the sign is visible it is already too late for a motorist to make a decision to attempt to exit the freeway. For example, the sign is only visible Some existing trees within WSDOT right of way have been removed at the request of the property owner and thus some of the photos provided above are not up to date. 103 -4 INFORMATIONAL MEMO Page 2 from north bound Interstate 5 after the off ramp to State Route 599 has passed. Motorists have to use the SIB 599 off ramp from Interstate 5 to access the gas station. As shown in the photos, the sign's visibility from SR 599 is extremely limited. Southbound traffic on Interstate 5 has the best view of the existing sign. The owners of the gas station have indicated that they hope to attract semi -truck drivers along Interstate 5. One advantage of the sign would be to provide advertising to these truck drivers as they drive by. While they might not need gas as they drive by, they would remember the gas station and the diesel price when they drive by in the future and thus could take the appropriate actions to exit the freeway. Interstate 5 (Northbound) 105 INFORMATIONAL MEMO Page 3 Interstate 5 (southbound) 106 INFORMATIONAL MEMO Page 4 State Route 599 (southbound) State Route 599 (northbound.), 107 INFORMATIONAL MEMO Page 5 Staff would like to present three options for the Committee to consider regarding the issue of freeway interchange signs. Option 1. Retain the Existing Code Language The Sign Code Advisory Committee recommended that new freeway interchange signs not be permitted in the City. As was stated in the Sign Code Advisory Committee Policy Recommendations. "Freeway interchange signs are [a] legacy of the past and they likely provide little assistance to the traveling public. WSDOT permits small directional signs within their right of way to note upcoming services. These signs are typically spaced further back from the off ramp in order to allow motorists adequate time to make a decision to exit the freeway. Additionally, WSDOT provides signs on the exit ramps which further provide direction to motorist as they exit the freeway (p. 24)." The Union 76 Gas Station, as well as other businesses with freeway interchange signs, are permitted to do limited refaces and copy changes until August of 2015, provided the height and area of the sign remain unchanged. Photos of all the remaining existing freeway interchange signs in the City are provided as an attachment. Option 2. Amend the City's Non - Conforming Sign Regulations The City's current non - conforming sign regulations only allow copy changes and refaces of an existing freeway interchange sign if there is no change in the height, area, or shape of the sign. Under the City's old sign code freeway interchange signs were permitted to be up to 125 square feet per face, up to 250 square feet for all sides. One option would be to relax the restrictions on what work can be completed to a non- conforming sign and allow an existing freeway interchange sign to increase its area up to 125 feet per face (250 square feet for all sides). The sign would still be non - conforming and after August of 2015 changes to the freeway interchange 108 INFORMATIONAL MEMO Page 6 sign would not be permitted and eventually the sign would be removed when the business changed or the sign was damaged. This option would allow the Peterson Gas Station to complete a small expansion along with its reface and copy change, while at the same time preserving the City's ultimate goal to have the freeway interchange signs removed in the future. It is important to note that under this option all existing freeway interchange signs that are less than 125 square feet per face (250 square feet for all sides) would be permitted to enlarge their signs in conjunction with a reface or copy change. This option may not satisfy the owners of the Peterson Gas Station since they are proposing a sign that is 488.16 square feet (all sides), which is much larger than what was permitted under the City's previous sign code (250 square feet for all sides). Option 3. Create New Sign Regulations for Freeway Interchange Signs The final option would be to add provisions for freeway interchange signs back into the Sign Code. As was discussed, the City's previous sign code permitted such signs. Freeway interchange signs were permitted to be "...situated within a radius of 1,000 feet from the freeway entry/exit point or industrial zone, but not separated by a physical barrier from the entry /exit intersection." A map showing the allowed locations for freeway interchange signs under the prior sign code is provided as an attachment. Of significant concern is the ability to create sign regulations that are content neutral. The freeway interchange regulations under the old sign code were largely based upon content (advertising services such as gas and lodging for the benefit of the travelling public) and thus were problematic in that they placed limits on commercial speech. In order to comply with the legal restrictions for sign regulations the City would have to allow all properties within certain geographical areas to install freeway interchange signs. The signs could not be limited to simply "freeway interchange businesses" as they were under the prior sign code and so we could see a significant proliferation of this sign type. This option also may not satisfy the owners of the Peterson Gas Station unless the recommendation is to completely reverse the prior policy direction and allow larger freeway interchange signs than were permitted under the previous sign code. FINANCIAL IMPACT No direct costs other than staff time. RECOMMENDATION Staff does not believe that changes are needed to the City's regulations regarding freeway interchange signs. The City's Sign Code Advisory Committee set a vision for the City in its recommendations to the City Council. Staff suggests that the City continue to try and reach the vision laid out by the Committee. The grace period that allows property owners with existing freeway interchange signs to complete refaces and copy changes of their existing signs extends for another year. Businesses can also take advantage of motorist information signs installed and operated by the Washington State Department of Transportation. Staff suggests that the three options provided above be discussed by the full council. If the Council chooses Option 2 or 3 staff will prepare draft language for an Ordinance. For Option 3 staff recommends that the Ordinance be referred to the Planning Commission for review and a recommendation. ATTACHMENTS • Memo to Community Affairs and Parks, dated February 4, 2014. • Minutes from the February 11, 2014 Community Affairs and Parks Committee. 109 INFORMATIONAL MEMO Page 7 • Photo rendering of proposed sign at Peterson's Gas Station. • Minutes from the March 25, 2014 Community Affairs and Park Committee. • Freeway Interchange Zones, based on zones established under previous sign code. • Photos of Remaining Freeway Interchange Signs in the City. 110 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM Jack Pace, Director BY: Brandon Miles, Senior Planner DATE: February 4, 2014 SUBJECT: Sign Code Regulations Freeway Interchange Signs ISSUE Briefing on regulations regarding placement of freeway interchange signs within the City. BACKGROUND In August of 2010, the City adopted a new sign code to regulate the placement of signs in commercial, industrial, and residential zones. The 2010 code replaced a code that had been in place for nearly 30 years. This new sign code was crafted after significant public input, including the creation of a Sign Code Advisory Committee. The Committee included representatives from businesses, residents, the City Council and the Planning Commission. After an eight month process the Committee drafted policies and recommendations for the Clty Council to consider in creating a new sign code. One significant issue that the Sign Code Advisory Committee reviewed was the use of "Freeway Interchange Signs ". Under the old sign code, "freeway interchange businesses" were permitted freeway interchange signs. A freeway interchange business was defined as a business located within areas designated around freeway entry/exit points. The purpose of the freeway interchange sign was to serve the traveling public and to identify businesses such as regional shopping malls, eating, lodging or service stations. Freeway interchange signs were permitted to be up to 125 feet tall and have a message area of 125 square feet per face, with a total message area of 250 square feet total. The Sign Code Advisory Committee recommended that new freeway interchange signs not be permitted in the City. As was stated in the Sign Code Advisory Committee Policy Recommendations, "Freeway interchange signs are [a] legacy of the past and they likely provide little assistance to the traveling public. WSDOT permits small directional signs within their right of way to note upcoming services. These signs are typically spaced further back from the off ramp in order to allow motorists adequate time to make a decision to exit the freeway. Additionally, WSDO T provides signs on the exit ramps which further provide direction to motorist as they exit the freeway (p. 24)." Furthermore, there was concern that the regulations regarding freeway interchange signs were content based and thus could be subject to legal challenge. With adoption of the new sign code, in August of 2010, the five existing freeway interchange signs in the City became nonconforming. Under the City's nonconforming sign regulations, these remaining signs are permitted to have unlimited refaces and copy changes until August of 2015, provided the sign size, shape, and location do not change (TMC 19.36.050). After August 2015, the signs may remain as -is indefinitely, unless certain work is proposed that would require the sign to be removed. 111 INFORMATIONAL MEMO Page 2 DISCUSSION On January 13, 2014 the owner of the Union 76 station, located at 13310 Interurban Avenue South, spoke to the City Council about his desire to reface and expand its existing, non- conforming freeway interchange sign. The current freeway interchange sign located on the property has a total area of 100 square feet per face (200 square feet total). The property owner submitted a sign permit to the City requesting to add an electronic panel to the sign, which would add an additional 144.08 square feet of sign area per face (288.16 square feet total). This would bring the total sign area per face to 244.08 square feet and the total sign area for the sign would be 488.16 square feet. As discussed above, the maximum sign area for a freeway interchange sign under the old sign would have been 125 square feet per face and 250 square feet of area of message area for the entire sign. The area proposed by the gas station is drastically more than what was permitted under the old sign code. Since the new sign was adopted, the City has aggressively pursued the removal of nonconforming and illegal signs. As was discussed above, at the time of adoption of the new sign code, there were five existing freeway interchange signs. Last year the number was reduced to four when the freeway interchange sign at the Best Western, located on West Valley Hwy, was removed. The owner of the property was rebranding the property from Best Western to Ramada. As part of the rebranding the property owner requested to change the shape of the existing sign cabinet for the nonconforming freeway interchange sign. The proposed work to the sign was not permitted under the code and, while the property owner could have simply refaced the sign, he chose to remove the sign in order to comply with the City's nonconforming regulations. Additionally, the City is also in the process of ordering the removal of 22 freestanding signs that failed to register under the City's non - conforming program. The City has already secured the removal of the Sizzler freestanding sign located along Southcenter Parkway. It is also unclear how the Union 76 Gas Station would benefit from placement of a tall sign. The angle of the freeways in the area and the height of nearby trees significantly hinder the line of sight for any cars to see the existing freeway interchange sign on the property. FINANCIAL IMPACT None RECOMMENDATION Information Only. Staff does not believe that changes are needed to the City's regulations regarding freeway interchange signs. The City's Sign Code Advisory Committee set a vision for the City in its recommendations to the City Council. Staff suggests that the City continue to try and reach the vision laid out by the Committee. Property owners with existing freeway interchange signs are permitted to complete refaces and copy changes of their existing signs for another year and a half. Businesses can also take advantage of motorist information signs installed and operated by the Washington State Department of Transportation. If the Committee would like to continue to discuss this matter, staff would suggest that this matter be referred to a Committee meeting in March for further review. Staff would suggest that the Committee provide staff specific questions or direction on what it would like to see at the March meeting. ATTACHMENTS None W:12014 Info Memos- Council\Freeway Signs.doc 112 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes February 11, 2014 — 5:30 p.m. — Hazelnut Conference Room PRESENT Cou ncilm embers: Staff: Guests: Joe Duffie, Chair; Dennis Robertson, Verna Seal Bob Giberson, Ryan Larson, Jack Pace, Lynn Miranda, Brandon Miles, Derek Speck, Laurel Humphrey Joan Hernandez, Resident; Dick Muller and Mike West, Delta Masonic Hall; Stan Peterson, Becky Peterson and Steve Peterson, Peterson 76; Dan Lee and Wes Peterson, Odin Brewing Company CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5:15 p.m. I. PRESENTATIONS No presentations. 11. BUSINESS AGENDA A. Grant Applications: Chinook Wind Site Staff is seeking Committee approval to submit various grant applications to acquire property for a proposed habitat project titled "Chinook Wind ", which could establish a significant off - channel habitat and could be linked to the Duwamish Gardens project currently underway. Construction on the Duwamish Gardens project is expected to begin this summer, and the City currently has an interlocal agreement to obtain additional property on the west side of the site. The owner of the Sleeping Tiger property adjacent to the potential expansion site has indicated a willingness to enter into a purchase and sale agreement for the entire site. This property includes two parcels totaling 5.83 acres with approximately 700' of river frontage. Funding options for the property acquisition include Salmon Recovery Funding Board, Aquatic Lands Enhancement Account, King County Flood Control District, King County Conservation Futures, and King County mitigation bank funding. UNANIMOUS APPROVAL TO SUBMIT GRANT APPLICATIONS. B. Ordinance: Updating Historic Landmarks Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Section 16.60.020 to remove the requirement that a site be owned by the City in order to receive historic landmark designation. Under this proposal written permission from the property owner would be required in all cases. Funding opportunities from the County or State often require official landmark designation, so this change will benefit properties that are seeking funds for restoration, such as the Masonic Lodge located at 13034 41s` Avenue South. In this case, the original 1920s brickwork needs replacement and the Masons would like to seek funding to use brick rather than a cheaper alternative in order to preserve the character of the building. Other historic structures in Tukwila, such as the Nelson House, could benefit from this code change as well. If this ordinance is approved by Council a related interlacal agreement with King County will be revised to eliminate conflicting language. Committee members and guests in attendance were in favor of the proposal. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 24, 2014 COMMITTEE OF THE WHOLE. 113 Community Affairs & Parks Committee Minutes February 11, 2014 - Page 2 C. Briefing on Freeway Interchange Signs Pursuant to a request made at the January 13, 2014 Committee of the Whole meeting, staff provided the Committee with a briefing on the sign code regulations with regard to freeway interchange signs in the City. The sign code, adopted in August 2010 after an eight -month review and deliberation process, disallows new freeway interchange signs. The five existing freeway interchanges signs became noncomforming at that time, and are permitted to have refaces and copy changes until August 2015 providing that the sign size, shape, and location do not change. After that date, they may remain as -is indefinitely. Stan Peterson, owner of the Union 76 station located at 13310 Interurban Avenue South, approached the Council early this year about his wish to reface and expand the freeway interchange sign at his business as an effective means to promote the sale of diesel fuel to freeway travellers. The current sign has a total area of 200 square feet, but the proposed enhancements would make it 266.16 square feet, more than was permitted under the old sign code. Mr. Peterson and his family were in attendance at the committee meeting and spoke on behalf of their sign proposal. Committee members asked clarifying questions of staff and the Petersons and finally requested that information about options be brought back to Committee in March. Councilmember Robertson noted the great amount of time and effort the City put into the 2010 update of the sign code. INFORMATION ONLY. D. Ordinance: Authorizing a Development Agreement with MRFH, LLC, for Odin Brewery Project Staff is seeking Council approval of an ordinance that would authorize a Development Agreement with MRFH, LLC for a proposed microbrewery business at 402 Baker Boulevard. The project involves a remodel of an existing building to acommodate the manfucaturing of up to 15,000 gallons of beer annually, a business office, parking facilities, and a tasting room and retail outlet open to the public. Redevelopment will include improvements to the existing building as well as exterior site improvements in excess of current code requirements. The proposed business is located in the Tukwila Urban Center District, and this use is in line with the community's vision for Baker Boulevard as a vibrant, pedestrian- oriented corridor, providing an attraction desirable to residents, workers, and visitors in this area. The Development Agreement will allow the City the flexibility to accommodate Odin Brewery in the Urban Center District. The Agreement includes criteria that MRFH, LLC must meet to avoid odor impacts on neighboring properties. Further, the applicant has agreed to numerous safety and pedestrian - related improvements that will serve as enchancements to this area. The owners of Odin Brewing Company made remarks on behalf of the proposed project and expressed their enthusiasm for joining the community. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 24, 2014 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING. III. MISCELLANEOUS Councilmember Robertson mentioned several comments made at his February 8 Council Chat regarding code enforcement and the state of residential neighborhoods, and noted that other Councilmembers have increasingly heard similar feedback from residents. At its last meeting, the Community Affairs and Parks Committee had requested a briefing on the impacts of the rental housing inspection program, and Committee members and staff talked further about the specifics of such a briefing, the potential review of policies, and how best to ensure code enforcement in the City is as quick and proactive as possible. Committee Chair Duffle noted that Tukwila Police staff referred him to Code Enforcement staff regarding a recent situation at a rental property, and requested a follow -up. DCD Director Jack Pace summarized ways to address the Committee requests including 1) briefing on the rental housing inspection objectives, and if they have been served since implementation; 2) overview of Code Enforcement policies and effectiveness; and 3) reminder of how the Budget Process and Comprehensive Plan update will address some of these issues. Councilmember Seal noted that community outreach is an important factor, and code enforcement education should be included in outreach activities presented by the City. 114