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HomeMy WebLinkAboutPermit L04-052 - CITY OF TUKWILA - VARIANCECITY OF TUKWILA VARIANCE 15858 TIB 104-052 TO: Community Affairs and Parks 5ommittee FROM: Steve Lancaster SUBJECT: Dollar Rent -A -Car Signs DATE: July 7, 2004 BACKGROUND OPTIONS CITY OF TUKWILA INTER - OFFICE MEMO Dollar Rent -A -Car is located at 15858 International Boulevard. Although located within the City of Tukwila, this business fronts upon the portion of International Boulevard owned and maintained by the City of SeaTac (see Figure 1). SeaTac is nearing completion of widening and reconstruction of this stretch of International Boulevard. Right -of -way requirements and construction of SeaTac's street improvement project has made necessary the removal or relocation of two nonconforming freestanding signs on the Dollar Rent - A -Car property. The location of these signs is indicated on Figure 2. Sign 1 remains standing, with one of its supporting poles located within the new sidewalk for International Boulevard. Sign 2 was removed and extensively damaged during construction. The orange line on Figure 2 indicates the Tukwila/SeaTac boundary, which is also the old right -of -way line. The blue line shows the new right -of -way line for International Boulevard and for S. 160 Street. Tukwila's sign code requires that any modified or relocated sign must be brought into full compliance with the regulations for new signs. The Tukwila sign code would allow only one freestanding sign on this site, and it would have to be located with a setback equal to its height. Dollar Rent -A -Car is unwilling to give up the "grandfather" rights they have enjoyed for the two signs. SeaTac has requested that Tukwila consider the following options due to the likely cost involved in the acquisition of the signs through condemnation. Option A would involve agreement between Tukwila and SeaTac to adjust our municipal boundaries in a manner illustrated by the blue line on Figure 3. This would place two small portions of the Dollar Rent -A -Car property within the City of SeaTac. The affected signs could then be placed in these areas according to SeaTac's, rather than Tukwila's sign regulations. SeaTac has indicated the intention to process a dimensional sign waiver to allow the two signs if Q:\ STEVE \INTERGOV\DollarSeaTacCC.doc Page 1 of 2 this option is pursued. Under SeaTac's sign code, two freestanding signs would be allowed; one for each frontage on International Boulevard and S. 160 Street. Option B would have Tukwila issuing an administrative variance, by City Council resolution, to allow the signs to be relocated to just outside the new right -of -way (same locations as under Option 1). There is precedent for such an administrative variance. The City Council granted such a variance to Kentucky Fried Chicken when WSDOT improved the intersection of Tukwila International Boulevard and S. 144 Street in 1995 (Resolution No. 1330, see Attachment A). A draft resolution approving an administrative variance for Dollar Rent -A -Car, modeled after Resolution No. 1330, is included for your review. Option C would be for the City of Tukwila to take no action. Dollar Rent -A -Car would be limited to one freestanding sign. If they chose to re -use one of their existing signs, it would have to be set back from the new right -of -way line a distance equal to its height. Condemnation of the pre- existing signs would likely involve significant cost to the City of SeaTac. RECOMMENDATION Based upon the decision made under similar circumstances in 1995, staff recommends Option B. Q:\ STEVE \INTERGOV\DollarSeaTacCC.doc Page 2 of 2 TO: Community Affairs and Parks Committee FROM: Steve Lancaster SUBJECT: Dollar Rent -A -Car Signs DATE: June 23, 2004 BACKGROUND OPTIONS CITY OF TUKWILA INTER - OFFICE MEMO Dollar Rent -A -Car is located at 15858 International Boulevard. Although located within the City of Tukwila, this business fronts upon portions of International Boulevard and S. 160 St. owned and maintained by the City of SeaTac (see Figure 1). SeaTac is nearing completion of widening and reconstruction of this stretch of International Boulevard. Right -of -way requirements and construction of SeaTac's street improvement project has made necessary the removal or relocation of two nonconforming freestanding signs on the Dollar Rent - A -Car property. The location of these signs is indicated on Figure 2. Sign 1 remains standing, with one of its supporting poles located within the new sidewalk area for International Boulevard. Sign 2 was removed and extensively damaged during construction. The orange line on Figure 2 indicates the Tukwila/SeaTac boundary, which is also the old right -of -way line. The blue line shows the new right -of -way line for International Boulevard and for S. 160 Street. Tukwila's sign code requires that any modified or relocated sign must be brought into full compliance with the regulations for new signs. The Tukwila sign code would allow only one freestanding sign on this site, and it would have to be located with a setback equal to its height. Dollar Rent -A -Car is unwilling to give up the "grandfather" rights they have enjoyed for the two signs. SeaTac has requested that Tukwila consider the following options due to the likely cost involved in the acquisition of the signs through condemnation. Option A would involve agreement between Tukwila and SeaTac to adjust our municipal boundaries in a manner illustrated by the blue line on Figure 3. This would place two small portions of the Dollar Rent -A -Car property within the City of SeaTac. A relocated Sign 1 and a newly built Sign 2 could then be placed in these areas according to SeaTac's, rather than Tukwila's sign regulations. SeaTac has indicated the intention to process a dimensional sign Q:\ STEVE \INTERGOV\DollarSeaTac2.doc Page 1 of 2 waiver to allow the two signs if this option is pursued. Under SeaTac's sign code, two freestanding signs would be allowed; one for each frontage on International Boulevard and S. 160 St. Option B would have Tukwila issuing an administrative variance, by City Council resolution, to allow the signs to be placed just outside the new right -of -way (same locations as under Option 1). There is precedent for such an administrative variance. The City Council granted such a variance to Kentucky Fried Chicken when WSDOT improved the intersection of Tukwila International Boulevard and S. 144 Street in 1995 (Resolution No. 1330, see Attachment A). A draft resolution accomplishing this, modeled after Resolution No. 1330, is attached for your review (Attachment B). Option C would be for the City of Tukwila to take no action. Dollar Rent -A -Car would be limited to one freestanding sign. If they chose to re -use one of their existing signs, it would have to be set back from the new right -of -way line a distance equal to its height. Condemnation of the pre- existing signs would likely involve significant cost to the City of SeaTac. RECOMMENDATION Based upon the decision made under similar circumstances in 1995, staff recommends Option B. Q:\ STEVE \INTERGOV\DollarSeaTac2.doc Page 2 of 2 PASSED BY THE CTIY COUNCIL OF Special Meeting thereof this /2 day of ATTEST/AUTHENTICATED: 8 e E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Sign Variance 7/9/04 1 of 1 City of Tukwila Washington Resolution No. /55.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ALLOWING FOR AN ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL CODE CHAPTERS 19.12 AND 19.30, ALLOWING FOR THE RELOCATION OF AN EXISTING NONCONFORMING COMMERCIAL SIGN AND THE REPLACEMENT OF A SECOND NONCONFORMING SIGN, BOTH LOCATED AT 15858 INTERNATIONAL BOULEVARD. WHEREAS, the City of SeaTac, Washington has determined that certain improvements to International Boulevard in the vicinity of South 160th Street are necessary; and WHEREAS, it has been determined that in order to effect these improvements, it is necessary to acquire right -of -way and relocate or replace two freestanding signs at the business known as Dollar Rent-A-Car located at 15858 International Boulevard; and WHEREAS, the signs were classified as non - conforming at the time the International Boulevard improvements commenced, and in accordance with Sections 19.12.010 and 19.30.030 of the Tukwila Municipal Code, any non - conforming sign that is relocated must be altered to allow for compliance; and WHEREAS, no action would be necessary except for the City of SeaTac's need for this property for a valuable public purpose; and WHEREAS, it would be contrary to public policy and cause undue financial hardship to the property owner to strictly apply Tukwila Municipal Code Chapters 19.12 and 19.30 to pre - existing signs being moved on the behest of a public agency; and WHEREAS, relocation of the signs is for the public welfare, safety and benefit, and is not initiated by or on behalf of the business or property owner; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Department of Community Development is hereby authorized to grant a permit for relocation or replacement of two freestanding pre-existing signs located on the western frontage and at the southwest corner of the property located at 15858 International Boulevard. The relocated /replaced signs shall be no greater in height than the pre- existing signs. Relocation and replacement shall be by administrative variance to the Tukwila Municipal Code and will not be required to strictly comply with the criteria as specified in Title 19 of the Tukwila Municipal Code including, but not limited to height and setback, due to the compelling public policy reasons stated above. CITY OF TUKWILA, WASHINGTON, at a r , 2004. Council Presid t Pro Tend, Joan. hferrttrzq- Filed with the City Clerk: 07 6R .4 Passed by the City Council d • jZZ2- Resolution Number. /553 ATTEST /AUTHENTICATED: E. Cantu, City Clerk APPROVED AS TO FORM: By:C (e er f Ci Office of the City Attorney Filed with the City Clerk: / Passed by the City Council: Resolution Number City of Tukwila Washington Resolution No. 1,13O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ALLOWING FOR THE ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL CODE CHAPTERS 19.12 AND 19.28 AND ALLOWING FOR THE RELOCATION OF AN EXISTING NONCONFORMING COMMERCIAL SIGN LOCATED AT 3742 SOUTH 144TH STREET PACIFIC HIGHWAY SOUTH. WHEREAS, the Washington State Department of Transportation (WSDOT) has determined that certain improvements to the intersection of SR 99 and South 144th Street are necessary; and WHEREAS, it has been determined that in order to effect these improvements, it is necessary to acquire right of way and relocate a sign at the business known as KFC, located at 3742 South 144th Street; and WHEREAS, the sign is currently classified as non - conforming, and in accordance with Chapters 19.12.010 and 19.28.030 of the Tukwila Municipal Code, any non - conforming sign that is relocated must be altered to allow for compliance; and WHEREAS, no action would be necessary except for WSDOT's and the City's need for this property for a valuable public purpose; and WHEREAS, it would be contrary to public policy and cause undue financial hardship to the property owner to strictly apply Tukwila Municipal Codes Chapters 19.12 and 19.28 to a pre - existing conforming sign being moved on the behest of the City and State; and WHEREAS, the relocation of the sign is for the public welfare, safety and benefit, and is not initiated by or on behalf of the business or property owner, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: The Department of Community Development is hereby authorized to grant a permit for relocation of the free standing existing sign at the southeast corner of the KFC property located at South 144th Street and SR99. Relocation shall be an administrative variance to the Tukwila Municipal Code and will not be required to strictly comply with the criteria as specified in Chapter 19 of the Tukwila Municipal Code due to the compelling public policy reasons stated above. PASSED BY THE CITY COU OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this to ' day of , 1995. ATTACHMENT A Allan, Council President, zff ATTEST /AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: By: Office of the City Attorney Washington Resolution No. Filed with the City Clerk: Passed by the City Council: Resolution Number City of Tukwila Jim Haggerton, Council President ATTACHMENT B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ALLOWING FOR AN ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL CODE CHAPTERS 19.12 AND 19.30, ALLOWING FOR THE RELOCATION OF AN EXISTING NONCONFORMING COMMERCIAL SIGN AND THE REPLACEMENT OF A SECOND NONCONFORMING SIGN BOTH LOCATED AT 15858 INTERNATIONAL BOULEVARD. WHEREAS, the City of SeaTac, Washington has determined that certain improvements to International Boulevard in the vicinity of South 160 Street are necessary; and WHEREAS, it has been determined that in order to effect these improvements, it is necessary to acquire right of way and relocate or replace two freestanding signs at the business known as Dollar Rent - A -Car located at 15858 International Boulevard; and WHEREAS, the signs were classified as non - conforming at the time the International Boulevard improvements commenced, and in accordance with Chapters 19.12.010 and 19.30.030 of the Tukwila Municipal Code, any non - conforming sign that is relocated must be altered to allow for compliance; and WHEREAS, no action would be necessary except for the City of SeaTac's need for this property for a valuable public purpose; and WHEREAS, it would be contrary to public policy and cause undue financial hardship to the property owner to strictly apply Tukwila Municipal Code Chapters 19.12 and 19.30 to pre- existing signs being moved on the behest of a public agency; and WHEREAS, relocation of the signs is for the public welfare, safety and benefit, and is not initiated by or on behalf of the business or property owner, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: The Department of Community Development is hereby authorized to grant a permit for relocation or replacement of two freestanding pre- existing signs located on the westem frontage and at the southwest corner of the property located at 15858 International Boulevard. The relocated/replaced signs shall be no greater in height than the pre- existing signs. Relocation and replacement shall be by administrative variance to the Tukwila Municipal Code and will not be required to strictly comply with the criteria as specified in Title 19 of the Tukwila Municipal Code, including but not limited to height and setback, due to the compelling public policy reasons stated above. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of , 1995. 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ALLOWING FOR AN ADMINISTRATIVE VARIANCE TO TUKWILA MUNICIPAL CODE CHAPTERS 19.12 AND 19.30, ALLOWING FOR THE RELOCATION OF AN EXISTING NONCONFORMING COMMERCIAL SIGN AND THE REPLACEMENT OF A SECOND NONCONFORMING SIGN, BOTH LOCATED AT 15858 INTERNATIONAL BOULEVARD. WHEREAS, the City of SeaTac, Washington has determined that certain improvements to International Boulevard in the vicinity of South 160th Street are necessary; and WHEREAS, it has been determined that in order to effect these improvements, it is necessary to acquire right -of -way and relocate or replace two freestanding signs at the business known as Dollar Rent-A-Car located at 15858 International Boulevard; and WHEREAS, the signs were classified as non - conforming at the time the International Boulevard improvements commenced, and in accordance with Sections 19.12.010 and 19.30.030 of the Tukwila Municipal Code, any non - conforming sign that is relocated must be altered to allow for compliance; and WHEREAS, no action would be necessary except for the City of SeaTac's need for this property for a valuable public purpose; and WHEREAS, it would be contrary to public policy and cause undue financial hardship to the property owner to strictiy apply Tukwila Municipal Code Chapters 19.12 and 19.30 to pre - existing signs being moved on the behest of a public agency; and WHEREAS, relocation of the signs is for the public welfare, safety and benefit, and is not initiated by or on behalf of the business or property owner; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Department of Community Development is hereby authorized to grant a permit for relocation or replacement of two freestanding pre- existing signs located on the western frontage and at the southwest corner of the property located at 15858 International Boulevard. The relocated /replaced signs shall be no greater in height than the pre - existing signs. Relocation and replacement shall be by administrative variance to the Tukwila Municipal Code and will not be required to strictly comply with the criteria as specified in Title 19 of the Tukwila Municipal Code including, but not limited to height and setback, due to the compelling public policy reasons stated above. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2004. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Sign Variance 7/9/04 1 of 1 Do MU'll' Jim Haggerton, Council President Filed with the City Clerk Passed by the City Council: Resolution Number: ATTACHMENT 13 Community and Parks Committee June 29, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Kathy Stetson, Evie Boykan, Jack Pace, Steve Lancaster, Lynn Miranda, Lucy Lauterbach; Tom Gut and Don Monahan Sea Tac Public Works 1. Interlocal re CDBG and Home Investment Programs The City receives CDBG and HOME housing investment program funds through King County, which uses a Joint Recommendations Committee (JRC) to advise the County on allocations. The JRC duties and composition are spelled out in the interlocal the cities and county sign for the distribution of funds. Representation on the JRC is being changed to allow more suburban representation. Taking one County representative off and adding 2 members each from south and north/east suburban King County is the change being addressed. The Committee supported the amendment to the interlocal. Recommend interlocal amendment to Council. 2. Dollar Rent -A -Car Signs Dollar Rent -A -Car is located on S. 160` /TDB at the boundary of Sea Tac and Tukwila. Sea Tac is now improving TIB at this location, and in the construction process one of Dollar's signs was damaged beyond repair. Tukwila's sign code requires nonconforming signs (which these are) to be made conforming when the sign is relocated or modified. Two options were presented: either change the boundary to give the business to Sea Tac, which would allow two signs; or pass a waiver to allow the business to have two signs placed just outside the right of way. The Sea Tac staff members were relieved they did not have to condemn the signs, which could have cost the city up to $1 m. Recommend resolution to COW and Regular Meeting. 2a. Junk Cars & Property MaintenanceThe Committee members asked Don and Tom about their code enforcement of the Sea Tac junk car and property maintenance ordinances. The ordinances for junk cars are strictly enforced in the front and side yards visible from the street. A citizen group had worked with city officials to define how much (what percentage) of a yard or front property could be used for parking vehicles. Another law they passed did not allow the freestanding tents (a tent roof on four 7' poles) in front yards unless it has no walls. Both said it was going very well, with no public outcry from citizens over the more strict regulations. When asked if they'd given residents a year to get used to the new codes before they were strictly enforced, Tom said he didn't think it was that long, - though he thought it could have been six months. They said they advertised their new standards for about six months in their city newsletter. Information. 3. Ordinance Renewing TOD Moratorium The Transit Oriented Development (TOD) area off of Interurban has had a moratorium since 2002, when the City decided to have an integrated plan for this area. The planning has proceeded with public input through several stages, but is not quite done yet. The Council did approve an amendment to the original moratorium ordinance, adding uses allowed there. An applicant has asked for a broadening of those uses, but the staff and Committee members agreed that was not appropriate now. The Committee chose to renew the moratorium for six months, hoping work will be done by then to be able to remove it. Recommend resolution extending moratorium to COW and Regular Meeting. 4. Charles River Contract Dan Brand of Charles River has helped the City in its negotiations with Sound Transit over parking issues. Issues have changed since his work first started, and his expertise is still needed to respond to Sound Transit's proposals. This can be done through a contract extension, kftop DOLLAR RENT -A -CAR SIGNS VICINITY MAP 120 60 0 120 240 360 eet Figure 1 Revised] �,. �) •Site - 0.r Rtia' R_a x 1 .1 Sign}2 .� f / '� �f� i t J SIGN 1 Approximate Area =100 sf Approximate Height = 28 ft. Note: Sign 1 to be relocated out of sidewalk. SIGN 2 Approximate Area = 170 sf Approximate Height = 22 ft. Note: Sign 2 was removed May of 2003 to construct sidewalk & signal. Sign 2 to be reinstalled. DOLLAR RENT -A -CAR SIGNS ADMINISTRATIVE VARIANCE OPTION 30 15 0 30 60 90 eet Figure 2 d rj$J[ Did Ila ys i" t�17dIl7 S tj r goi..saigiiilogio it! allot go • a`i SS FN •` ,.. asp} SIGN 1 Approximate Area = 100 sf Approximate Height = 28 ft. Note: Sign 1 to be relocated out of sidewalk. SIGN 2 Approximate Area = 170 sf Approximate Height = 22 ft. Note: Sign 2 was removed May of 2003 to construct sidewalk & signal. Sign 2 to be reinstalled. DOLLAR RENT -A -CAR SIGNS BOUNDARY CHANGE OPTION 30 15 0 30 Feet Figure 3 60 90