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HomeMy WebLinkAboutPermit L03-042 - MONGOLIAN GRILL - SPECIAL PERMISSION SIGNL03 - 042 MONGOLIAN GRILL 361 STRANDER BLVD This letter serves as a Notice of Decision and is issued pursuant to Tukwila Municipal Code (TMC) 18.401.170. The request for an increase, from 29 -sq. ft. to 36.25 -sq. ft. for Mongolian Grill at 361 Strander Boulevard. This decision is based on the Findings and Conclusions listed below. BACKGROUND File Number: S03 -03 -040 Applicant: International Sign Co. for Mongolian Grill Request: Approval for a Special Permission Sign, increasing the allowed sign area. The maximum allowed sign is proposed to be increased from 29- sq. ft. to 36.25- sq. ft. Location: 361 Strander Boulevard Comprehensive Plan Designation: TUC Zoning District: TUC SEPA: No determination required Staff: Brandon J. Miles FINDINGS Vicinity /Site Information City of Tukwila NOTICE OF DECISION Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director The sign being proposed will be located on the east wall of 361 Strander Blvd. and will face directly towards Strander Blvd. The zoning on the property is TUC and surrounding land uses are commercial. The exposed building face (EBF) is 619.29 square feet. With the approval of the Special Permission Application, the wall sign would be 36.25 square feet (5.8% of EBF) versus the normal maximum of 29.76 square feet (4.8% of EBF). 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 lei rr. 'l.mtn ,, m , ". 9 fi4 Decisional Criteria TMC 19.32.140(A) allows permitted sign area to be increased by 50% for each doubling of the required minimum setback...but in no case shall the sign area exceed that permitted in TMC 19.32.150. Pursuant to TMC 19.32.150, the maximum allowed sign area could be 6% of the exposed building face (EBF) up to maximum of 500 sq. ft. The required front setback in the TUC is 15 feet. The building has a setback of about 170 feet, 11.3 times the required distance. Per Table 1 of TMC 19.32.140, the standard allowed sign area would normally be 29.76- sq. ft. for an EBF of 619.29 square feet. Since the building is setback 11.6 times the minimum setback required for the underlying zone, the maximum sign area is allowed to be increased 50% for each doubling of the required minimum setback up to 6% of EBF or 500 sq. ft., whichever is less. Six percent of EBF (619.29 - sq. ft.) is 37.15 -sq. ft; thus the maximum allowed sign area on facade is 37.15 -sq. ft. The applicant is requesting a sign size that is smaller than the six percent allowed for the wall. CONCLUSIONS 1. The building is setback a sufficient distance to allow an increase in the wall sign area. 2 The proposed sign area is 36.25 -sq. ft., which less than maximum permitted for that facade (6% of EBF -37.15 sq. ft.). CONDITION(S) The window signs must be removed prior to the sign permit being issued. APPEAL PROCESS This decision may be appealed to the Planning Commission within 14 days from the issuance of this Notice of Decision. All appeal material must be submitted to the Department of Community Development. If you wish to appeal this decision, please call the Department of Community Development at 206 -431 -3670 to obtain a copy of appeal procedures. Steve Lancaster, Director of Community Development Attachments: A. Site Plan, building elevation and sign details 7-11 - CZ Date PM/ L01 -026 Page 2 of 2 z =z CC 6 6 g JU O 0 0 0 W= J � CO LL. w 0 g Q. cn — a . = z � F— 0 Z F— W uj 0 0 O N O E— w LL' O O ~ z STATE OF WASHINGTON COUNTY OF KING CITY OF TUKWILA Department of Conrnrnnity Development 6300 Soudreenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- utail: tukpl:ut4i .tta.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY as The undersigned being duly sworn and upon oath states as follows: ,iteprc 5 Lit Ca) 1. I am the current owner of the property which is the subject of this application. �11 TCr1 OJ)t S 2. All statements contained in the applications have been prepared by me or ments 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'tireal property, located at 3.01 5?Yctndty P1Vd %ZkWI /Li Wi el8 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 entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion, cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the l omplete Application Checklist? within ninety (90) days. 7. 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 be11c.v ,, TO NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JUNE 29, 2006 (city), _J (state), on .Jul)I $ i ZOO 3 LJi Zabc_ th 5it nc- r' (Print Name) j lr.C, - 1 i 4 in f C < xt - (Address) X25 9ocj 39 (GO (Phone Number) Eli (Signature) On this day personally appeared before me G 1e ecki)dh O - to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as- Mslher voluntary act and deed for the uses and purposes mentioned therein. ORE ME ONTHIS � DAY OF 3 NOTARY PUBLIC in and for the State o Washington residing at 7ank. 7 Lo A - • My Commission expires on Ot. J Q q/Or yo zo D 3 FOR STAFF USE ONLY Sierra Type: P -SP Planner: File Number: Lj 3 .., 014• Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: Name: Signature: 3ea.Kki 2 IL1,v\ RECEIVED CITY OF TUKWILA CITY OF TUKWILA J UL 1 0 2003 Department of Community Develop e � 6300 Southcenter Boulevard, Tukwila; LATER Telephone: (206) 431 -3670 FAX (206) 431-3665 E -mail: tukplan a.ci.tukww Ia. wa.us NAME OF PROJECT/DEVELOPMENT: 6104 662-PA 67ri; (( Quarter: Section: Township: Range: (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. Address: 0-91 l-tww q'1 S. St,I1 t 2 „.I!4...r ti t 91 Phone: yj. - • - b'3'77 • riiJiat �t „ iMr' FAX: PLICATION SPECIAL PERMISSION DIRECTOR LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. 3(0 S-pianu(9 13t 7 vKwic4 1A-A- C (fi 1 t+r RECEIVED CITY OF TUKWILA ,JU , t 9 299.E SPECIAL Department of Community Development �T 6300 Southcenter Boulevard, Tukwila, WA PNtT�7P ERMISSIOir Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail: tukplan a.ci.tukwila.\\a.us Tree Regulation Deviations (TMC 18.54.140) Request for exception from Tree Permit requirements. Cargo Containers as accessory structures (TMC 18.50.060 and 18.70.130) Request to install a container in the LDR, MDR, HDR, RC, RCM, TUC or C/LI Zones. DIRECTOR The Tukwila Zoning Code and Sign Code have established';1- pccial Permission? decisions, which arc more complex than straightforward applications of code standards, but do not require a public hearing REQUIREMENTS: Special permission approval by the Director is required in the following situations. Parking Deviations (Zoning Code, TMC 18.56) • Covenant Parking: When required parking is provided off -site. • Complementary Parking: When up to 10% of a developmentV useable floor area is determined to be linked to remaining areas such that it need not provide the normally required parking. • Administrative Variance: Reduction in the minimum number of required parking spaces of up to 10 %. Landscape Deviations (Zoning Code, TMC 18.52.020 • Landscape perimeter averaging • Developing pedestrian and transit facilities within the required front yard landscape area in MDR and HDR zones. • Substitution of pedestrian oriented space for landscaping in RCC and TUC zones. Sensitive Area Ordinance Deviations (TMC 18.45.040) Request for setback waiver or buffer reduction. Sign Deviations (Sign Code, Title 19) • Signs for conditional uses or public facilities located in or adjacent to residential zones. • Freestanding signs in commercial zones that are located within 100 feet of a residential zone. •- Request for increase in wall sign area due to doubling of required building setback • Any multi -tenant office building wall sign which has over 50% of the total allowed sign area for that building face. • Any shopping mall business wall sign which has over 50% of the total allowed sign area for that building face. • Any shopping mall business freestanding sign which has over 50% of the total allowed sign area for the site. PROCEDURES: Within 28 days of receiving your application, City staff determines if it is complete, based on the following ga omplete Application Checklist? If not, you will be mailed a letter outlining what additional information is needed. Check items submitted with application Information Required May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: 1. Application Checklist one (1) copy, indicating items submitted with application. 2. Permit Fee (LDR = $200, Other zones = $300). 3. Written description of the project, the deviation being requested and response to the applicable decision criteria. ZONING CODE PARKING DEVIATION 4. A complete description of the proposed construction relative to parking areas, and all supporting agreements. 5. Dimensional site plan(s) to demonstrate parking area consistent with Zoning Code requirements. 6. Parking studies as needed to demonstrate adequate parking is provided. LANDSCAPE DEVIATION 7. Landscape plan — two (2) copies showing size and species of existing and proposed plant materials, required perimeter landscape types, parking areas, buildings, walkways, transit facilities, property lines, dimensions and area of planting beds and any calculations necessary to demonstrate compliance with review criteria. TREE REGULATION DEVIATION 8. Tree survey showing size and species of existing trees, with trees to be removed and trees to be retained noted (unless request is for use of canopy cover method) 9. Tree replacement calculations per TMC 18.54.130.3 B or canopy cover calc ulations per TMC 18.54.140 B. 10. Description of the nature of the undue hardship caused by strict compliance with the Tree Regulations, proposed mitigation measures and justification for the deviation from Tree Regulations. COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact the Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted in a later timely manner for use at the Public Hearing (e.g., revised colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow starting project review and vesting the applicant rights. However, they in no way limit the Cityil ability to require additional information as needed to establish consistency with development standards. Department staff are available to answer questions about application materials at 206 -431 -3670. COMPLETE APPLICATION CHECKLIST TABLE Check items submitted with application Information Required May be waived in unusual cases, upon approval of both Public Works and Planning SENSITIVE AREA ORDINANCE DEVIATIONS 11. Site Plan — two (2) copies showing all buildings, parking areas, walkways, property lines, planting areas, sensitive areas, their buffers and setbacks. 12. Sensitive area studies and enhancement plans to justify a requested buffer or setback reduction and demonstrate that the reduction will not result in a direct or indirect short-term or long -term adverse impact to the sensitive area. SIGN CODE APPROVAL /DEVIATION 13. Complete' jermanent Sign Permit Application? with all supporting materials and fees ($50). 14. The following information should be given on the plans: North arrow, title, scale and date; Vicinity map showing location and names of adjacent roads; Property lines; Locations of all buildings on site; Dimensioned elevations of building drawn to scale (for wall signs); Elevations, dimensions and materials of proposed sign(s) including advertising copy; Color elevation of proposed sign. CARGO CONTAINER APPROVAL 15. Site plan showing the location of the container(s) in relationship to parking areas, property lines, buildings, streets, trails, landscape areas and setbacks. 16. Description of the proposed screening. 17. Dimensions of proposed cargo container. a.5 1744%;i , z: " - kvit:,11,,t ia;:ef:a�+,Mi;�LdL�:nJ�� • n REVIEW CRITERIA Please consult the Zoning Code or Sign Code as to the appropriate criteria for your specific proposals. In addition all approvals must be consistent with the Tukwila Comprehensive Plan (TMC 18.100.030). Planning Division staff are available to discuss the decision criteria you must respond to and necessary supporting materials. PARKING DEVIATION ❑ Covenant Parking: where required parking is provided off-site (TMC 18.56.070(B)); ❑ Complementary Parking: where up to 10% of a development auseable floor area is determined to be linked to remaining area, such that it need not provide the normally required parking (TMC 18.56.070(D)); ❑ Reduction of the minimum required parking of up to 10 %, through an administrative variance (TMC 18.56.140). A parking reduction may be allowed after. a. All shared parking strategies are explored. b. On -site park and ride opportunities are fully explored. Ill c. The site is in compliance with the City commute trip reduction ordinance or, if not an I affected employer as defined by the City ordinance, agrees to become affected. t'—" z" d. The site is at least 300 feet away from a single - family residential zone. U 2 H e. A report is submitted providing a basis for less parking and mitigfition necessary to Z 1-- offset any negative effects. In addition to the above requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking that cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. LANDSCAPE DEVIATIONS ❑ The landscape perimeter may be averaged if the total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to LDR, MDR or HDR Landscape perimeter averaging may be allowed as a Type 2 special permission decision if all of the following criteria ate met: 1. Plant material can be clustered to more effectively screen parking areas and blank building walls. 2. Perimeter averaging enables significant trees or existing built features to be retained. 3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allow joint use of parking facilities between neighboring businesses. 4. Width of the perimeter landscaping is not reduced to the point that activities on the site become a nuisance to neighbors. 5. Averaging does not diminish the quality of the site landscape as a whole. ❑ In the MDR and HDR zones up to 20% of the minimum required front yard landscaped area may be developed for pedestrian and transit facilities. ❑ In the RCC and TUC zones required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor caf -type seating and similar features. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian oriented space. TREE REGULATION DEVIATIONS ❑ The Director may grant exceptions from the requirements of chapter 18.54 when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. An exception to this chapter shall not be granted unless all of the following criteria are met: 1. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. 2. Proposed vegetation removal, replacement, and any mitigation measures proposed, are consistent with the purpose and intent given in this chapter. 3. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. In addition to the above criteria, the Director may also consider any of the following in reviewing an exception request: a. Whether the recommendation of a certified arborist supports the exception. b. Evidence that the size of the site or project cannot support the number of required replacement trees, and off site tree planting is proposed which furthers the goals of this chapter and other City policies. c. On -site planting of all required replacement trees is not feasible, and the project includes an equivalent contribution in funds and/or labor and materials for off -site tree planting as jointly agreed by the applicant and Director. d. Smaller -sized replacement plants are more suited to the species, site conditions, and to the purposes of this chapter, and are planted in sufficient quantities to meet the intent of this chapter. ❑ Retention and Replacement of Canopy Cover - on undeveloped sites or sites with dense stands of trees, where the cost of identification of individual tree species and sizes is inordinate relative to the project, the Director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees: SENSITIVE AREA ORDINANCE DEVIATIONS ❑ Setbacks. ❑ Buffers 1. The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. 2. To meet the requirements for site canopy cover, canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be calculated at 314 square feet. All commercial and industrial developments shall be set back 15 feet and all residential development shall be set back ten feet, measured from the foundation to the buffer -Wedge. The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the buffer zone. The Director may reduce the standard wetland/watercourse buffers on a case -by -case basis, provided the buffer does not contain slopes 20% or greater. The approved buffer width shall not result in greater than a 50% reduction in width, and the reduced buffer shall not be less than 15 feet for wetlands and ten feet for watercourses. Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not result in direct or indirect, short - term or long -term adverse impacts to wetlands or watercourses, and that: 1. The buffer is vegetated and includes an enhancement plan as may be required to improve the buffer function and value; or 2. If there is no significant vegetation in the buffer, a buffer may be reduced only if an enhancement plan is provided. The plan must include using a variety of native vegetation that improves the functional attributes of the buffer and provides additional protection for the wetland or watercourse functions and values. Yolk SIGN DEVIATIONS ❑ In the single family zone (LDR): signs for all conditional uses and public facilities (TMC 19.32.080); z ❑ In multi - family zones where signs face multi- family, commercial and industrial zones: signs of w re 2 In Commercial and Industrial (TMC 19.32.170) Zones: U v o cn 0 ❑ Signs of conditionally permitted uses, all public facilities and all free- standing signs, that abut or w = a family zones J H face sin gl y � (TMC 19.32.120) and multi- family zones (TMC 19.32.130); N u_ ❑ Any multi -tenant office building sign which has over 50% of the total allowed wall sign area W O (TMC 19.32.140(B)(4)); g cg A 50% increase in wall sign area for each doubling of the Zoning Code maximum building � ¢. setback up to 6% of the wall area upon which the sign will be mounted up to a maximum of 500 = sq. ft. (TMC 19.32.140(A)(2) and (C)). Z F- . Shopping Mall business wall signs (TMC 19.32.150(A)): z ❑ To allow one wall sign to have more than 50% of the business Ltotal allowable sign area in one C sign 0 h - ❑ To allow one freestanding sign to have more than 50% of the site Vtotal allowable sign area in W W one sign tL O Z W U = O conditionally permitted uses, all public facilities and freestanding signs (TMC 19.32.100). CARGO CONTAINERS Approval criteria for cargo containers to be installed in the LDR, MDR, and HDR zones for institutional uses and in the RC, RCM, TUC or C/LI zones for permitted or conditional uses: ❑ Only two cargo containers will be allowed per lot, maximum length 30 feet. ❑ The container is located to minimize the visual impact to adjacent properties, parks, trails and rights -of -way as determined by the Director. ❑ The cargo container is sufficiently screened from adjacent properties, parks, trails and rights-of- way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. ❑ If located adjacent to a building, the cargo container must be painted to match the building 2- color. ❑ Cargo containers may not occupy any required off-street parking spaces. ❑ Cargo containers shall meet all setback requirements for the zone. ❑ Outdoor cargo containers may not be refrigerated. ❑ Outdoor cargo containers may not be stacked. z