HomeMy WebLinkAboutPermit L2000-032 - WEST MICHAEL - SPECIAL PERMISSIONL2000 -032
SOUTHTOWNE
AUTO
14864 TUKWILA
INTERNATIONAL
BLVD.
PACIFIC HIGHWAY ;SOUTH '% SEATTLE WA
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[Moira Bradshaw - Sign Amortization
Page 1
From: Joseph Schultz
To: Bradshaw, Moira
Date: 1/13/04 3:52PM
Subject: Sign Amortization
Moira,
Following up on our conversation regarding the sign amortization agreements, I looked into the recording
issue and it is my opinion that we don't need to record anything further with regard to the amortization
agreements. Doing so would likely require new agreements with the individual business owners and that
would be a lot of work, and would probably lead to future conflict. Leaving things as they are doesn't hurt
and we can handle any situations that do arise on a case -by -case basis.
That said, if the department would like to have something recorded which in effect extinguishes the
agreements, we can do it, just let me know.
Thanks,
Joe.
Joseph C. Schultz
Kenyon Disend, PLLC
The Municipal Law Firm
11 Front Street South
Issaquah, Washington 98027
425/392 -7090 - phone
425/392 -7071 - fax
Joe @KenyonDisend.com
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AGREEMENT TO CANCEL THE VOLUNTARY SIGN REDUCTION
AGREEMENT BETWEEN CITY OF TUKWILA AND
1. Parties
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This Agreement is made by and between the City of Tukwila, Washington, a non- '� tu`,
charter optional municipal code city (hereinafter referred to as "City ") and the owner of 6 D
• real property (hereinafter referred to as "Owner ") located at :v o
, Tukwila, Washington and legally . .n w'
described in Attachment A hereto for the purposes more fully set forth below. -J
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This Agreement cancels and nullifies the agreement made between these parties "' P
on . or about , 200, and recorded by King County as Instrument z w
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Owner to voluntarily remove existing signage within the City of Tukwila in order to F- O
comply with Ordinance 1857, Tukwila's Staged Compliance Sign Amortization Program. w w
Neither Owner nor any future owner of the aforementioned property will be required to 2 o
by the City of Tukwila to comply with the terns of the Prior Agreement. ' 8 c'
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2. Agreement
City of Tukwila
Director of Community Development
Property Owner
Notarized Signature _ Notarized Signature
Steve Lancaster
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
January 5, 2004
Mike and Donna West
14864 Tukwila International Blvd.
Tukwila, WA 98168
Subject: Voluntary Sign Reduction Program
Dear Mike and Donna West,
The City modified the Sign Code and changed how nonconforming signs are brought into
compliance. Due to these modifications, the agreements between the City of Tukwila
and property owners involved in the voluntary sign reduction program may be
eliminated.
Rather than relying on a calendar deadline for reaching sign compliance, the new
standard requires compliance when a sign is removed and re- erected; there is significant
damage; there is a change in what a sign says, such as the installation of a
new /replacement sign/sign face; or any modification to an existing sign which requires a
permit.
Preparation of a document that will nullify the previous agreement is underway.
Recording this document will clear the title to your property of any agreements regarding
the City of Tukwila and the Sign Code Amortization program.
If you have any questions, please call Moira Carr Bradshaw at 206 431 -3651.
Yours truly,
J'Xck Pace
Deputy Director
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665
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i.Jack Pace - Re: Sign Amortization Agree ^-nts Page 1
From: Joseph Schultz
To: Jack @ci.tukwila.wa.us,
Date: 12/22/03 11:18AM
Subject: Re: Sign Amortization Agreements
Jack,
Moira told me that the department was going to write the letter to the affected parties. We discussed what
the letter should say. My assignment was to find out what, if anything, we need to do regarding recording
some sort of document that would remove any cloud on title. Is the letter something you would like me to
draft?
Thanks,
Joe.
«< Jack Pace 12/16 1:33p »>
We should send a letter briefly explaining the situtation and note a followup letter will be mailed some time
next year.
»> Joseph Schultz 12/15/03 02:54PM »>
Moira:
I am going to look into what type of document we need to file in order to extinguish the recorded
documents so they don't cloud any titles in the future. I should be able to let you know about that
sometime around the first of the year; I have been away from Tukwila for the past week on an
"emergency" assignment for another city.
Was there anything else we needed to follow up with on this issue? I don't recall any more.
Thanks and sorry for the delay in responding.
Joe.
«< Moira Bradshaw 12/10 12:39p »>
Hi Joe - I think we left things a little in the dark about when we'd get back together on this issue.:) Do
you have a time frame that you can give me? Thanks. Moira
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AGREEMENT TO CANCEL THE VOLUNTARY SIGN REDUCTION
AGREEMENT BETWEEN CITY OF TUKWILA AND
1. Parties Z
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This Agreement is made by and between the City of Tukwila, Washington, a non- w
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charter optional municipal code city (hereinafter referred to as "City ") and the owner of -J V ,
real property (hereinafter referred to as "Owner ") located at v o
, Tukwila, Washington and legally • cow:
described in Attachment A hereto for the purposes more fully set forth below. III I:
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2. Agreement 2
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This Agreement cancels and nullifies the agreement made between these parties = cJ.
on or about , 200_, and recorded by King County as Instrument w
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Owner to voluntarily remove existing signage within the City of Tukwila in order to z 0
comply with Ordinance 1857, Tukwila's Staged Compliance Sign Amortization Program.
Neither Owner nor any future owner of the aforementioned property will be required to D 0
by the City of Tukwila to comply with the terms of the Prior Agreement. 0 �°
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City of Tukwila Property Owner
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Director of Community Development z
Notarized Signature Notarized Signature
Steve Lancaster
Return to: City of Tukwila
Department of Community Development
6300 Southcenter BL, Suite 100
Tukwila, WA 98188
Grantor: City of Tukwila
Grantee: Michael and Donna West
AMENDMENT
TO
VOLUNTARY SIGN REDUCTION AGREEMENT
BETWEEN
CITY OF TUKWILA AND MICHAEL AND DONNA WEST
A. Modification
The parties previously executed a Voluntary Sign Reduction Agreement wherein it was agreed
that the Agreement could be amended or modified with the written concurrence of both parties.
2. Recitals
A. In adopting ordinance No. 1982 on December 4, 2001, the City extended the deadline for
amortization of nonconforming signs by one year from December 31, 2001 to December 31,
2002.
B. Because the base amortization period is extended by one year the Extended Compliance
Period for Voluntary Sign Reduction agreements under TMC 19.30.050 is also extended by
one year.
3. Provisions.
The following provisions are modified.
A. Reduction. The initial deadline for reduction in nonconforming signage is extended to
December 31, 2002 as outlined in the modified notice of decision.
B. Extension. Based on the foregoing provisions and based on the Owner's percentage of
reduction as outlined in the modified Notice of Decision, the Owner shall have 8.5 years from
January 1, 1999 to fully comply with the City's Staged Compliance Sign Amortization
Program.
C. Expiration. This agreement expires on June 30, 2007. At expiration all signs must be in
conformance with the Tukwila Sign Code.
No other provision of the agreement is changed.
Name of Property Owner: Michael and Donna West
Property Legal Description
Attachment A:
PROPERTY OWNER
By: i , I. i IL.0)-
By: �%e/ ,.,. . -V
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STATE OF WASHINGTON
COUNTY OF KING
t4 e.11 ae)
On this date personally appeared before me ,/% vi h a �, W e J , to me
known to be the individual that executed the within and foregoing instrument, and acknowledged
the said instrument to be f free and voluntary act and deed for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute said instrument.
DATED this aS day of cih vc, y
CITY OF TUKWILA
Director of Community Development
Steve Lancaster
STATE OF WASHINGTON )
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COUNTY OF KING )
Notary Public in and f r th atate oki
Washington, residing at �Gi e
My commission expires 2- -2-03
On this date personally appeared before me Steve Lancaster, to me known to be the
individual that executed the within and foregoing instrument, and acknowledged the said
instrument to be his free and voluntary act and deed for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute said instrument.
DATED this day of
C: \mcb\sig ns \amendvsrsouthtown.doc
Notary Public in and for the State of
Washington, residing at
My commission expires
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City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
January 2, 2001
Mike and Donna West
14864 Tukwila International Bl.
Tukwila, WA 98168
Subject: Voluntary Sign Reduction Agreement — Modified Notice of Decision
Location: Southtowne Auto Rebuild —14864 Tukwila International B1.
File No. L2000 -032
Dear Mike & Donna West:
The City has extended the deadline for compliance with the Sign Code Amortization
Program by one year from December 31, 2001 to December 31, 2002. If you would like
to extend your agreement for compliance by an additional year, please sign the enclosed
amendment and return it to the City of Tukwila by January 15, 2002. We will be
responsible for recording the document.
This letter serves as an amendment to the Notice of Decision issued on June 27, 2000.
The conditions are amended to read as follows:
1. Permits are required for any new signs or existing signs that are to be moved or
altered.
2. Per your original proposal, the "Southtowne Auto Rebuild" sign must be moved to
the minimum setback by December 31, 2002. (Photo of sign follows)
Page 1 of 4
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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3. The signs that are to be removed from the site per the application, must occur by
31 December 2002. Removal includes the two blade signs shown below.
Page 3 of 4
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fe The size of the nonconforming wall sign must be reduced by June 30, 2007 in
conformance with the City of Tukwila Sign Code.
Please call me at 431 -3651 if you have any questions.
Moira Carr Bradshaw
Attachment: Amendment to VSR Agreement
C: \mcb \signs \amendsouthtownotice.doc
Page 4 of 4
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City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
October 10, 2000
Michael and Donna West
Southtowne Auto Rebuild
14864 Tukwila International BL
Tukwila, WA 98168
Dear Mike and Donna:
Congratulations! Enclosed is a recorded copy of the Voluntary Sign Reduction
Agreement. Please note initial deadline for complying with the Agreement is
December 31, 2001. Permanent sign permits must be obtained for any new,
altered or moved signs.
If you have any further questions regarding this matter, please_feel free to call
me at 431 -3651.
Sincerely,
Moira Carr Bradshaw
Associate Planner
Enclosure
6300 Southcenter Boulevard, Suite #Z00 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665
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City of Tukwila
Washington
Ordinance No. 01-00
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE, SIGN CODE TITLE 19, IN ORDER TO ELIMINATE THE
SIGN AMORTIZATION PROGRAM; TO ADOPT STANDARDS
FOR THE REMOVAL OF NONCONFORMING SIGNS; AND TO
REFERENCE THE NEWLY ADOPTED LAND USE FEE SCHEDULE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City amended its Sign Code (Title 19 TMC) by creating a staged
compliance sign amortization program, hereinafter referred to as the amortization
program, by Ordinance,1857 in 1998; and
WHEREAS, the amortization program established a deadline for nonconforming
signs to be brought into compliance with the City's sign standards; and
WHEREAS, there has been a judicial decision that local jurisdictions are governed by
the Scenic Vistas Act (Chapter 47.42 RCW) that requires monetary compensation for
removal of nonconforming signs along primary state highways and interstates; and
WHEREAS, this decision has significant financial implications for the administration
and cost of the sign amortization program; and
WHEREAS, there is an alternate method of amortizing nonconforming signs that is
currently in use in the City's Manufacturing Industrial Center; and
WHEREAS, the removal of nonconforming signs continues to be a goal of the City;
and
WHEREAS, the City adopted fees in a separate document to allow easy updates in
the future;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1913 §1 (part), as codified at TMC 19.12.050 of the Tukwila
Municipal Code, is hereby amended as follows:
19.12.050 Exceptions - Permits not required.
A. The following shall not require a permit (these exceptions shall not be
construed as relieving the owner of any sign from the responsibility of its erection and
maintenance and its compliance with the provisions of this code or any other law or
ordinance regulating the same):
Sign code -1
1. The changing of the advertising copy or message on a theater marquee,
readerboard, billboard, and similar signs specifically designed for the use of
replacement copy.
2. Repainting of an existing sign when there is no other alteration.
3. Temporary signs and decorations customary for special holidays, such as
Independence Day and Christmas, erected entirely on private property.
4. Real Estate Signs:
a. Real estate signs 16 square feet or less in area offering the
immediate premises for sale, lease or rent, except in LDR, MDR and HDR zones where
the maximum sign area allowed is six square feet.
b. Portable real estate directional signs (such as "A" boards), provided
they are used only when the real estate company representative, agent or seller is in
attendance at the property for sale.
c. Rigid real estate directional signs provided they are used to Q
advertise a property that is currently for sale. 1- z
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5. Signs not exceeding four square feet in area and advertising acceptance of -I 0
credit cards, provided these are located on the face of a building or upon another larger co °
sign background area for which a permit has been obtained. CO =
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6. One, on- premises sign not electrical or illuminated, four square feet in w 0
area or less, which is affixed permanently on a plane parallel to the wall that is located 2
entirely on private property. u_
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7. Traffic signs and /or markings, for the purpose of regulating, warning, or _
guiding traffic, whether on public or private property. Such signs and markings shall z 1-
comply with the Manual on Uniform Traffic Control Devices for Streets and Highways, w O
current edition, published by the U.S. Department of Transportation, Federal Highway 2 n
Administration. o °
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8. Bulletin boards not over twelve square feet in area for each public, w W.
charitable or religious institution when the same is located on the premises of said �
institution. - 0
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9. Temporary signs denoting the architect, engineer or contractor, when ~ I
placed upon work under construction and not exceeding 32 square feet in area. 0
10. Memorial signs or tablets, names of buildings, and dates of erection, when
cut into any masonry surface or when constructed of bronze or other non - combustible
material.
11. Signs of utilities indicating danger and service or safety information.
12. A maximum of four internal information signs as defined in TMC
19.08.120 and as regulated by TMC Section 19.22.
13. Political signs, posters, or bills shall not exceed 32 square feet in area (if
single faced) or 64 square feet (if multi- faced); and, if Located on private property, must
have the consent of the property owner or the lawful occupant thereof. Each political
sign shall be removed within 10 days following an election, except that the successful
candidates of a primary election may keep their signs on display until 10 days after the
Sign Code -2
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general election, at which time they shall be promptly removed. Signs of a more
general political nature (not related to an election) are not subject to time restrictions. It
is unlawful for any person to paste, paint, affix or fasten onto the surface of any utility
pole, bridge, sidewalk, or City -owned or operated vehicle, or any public facility of any
kind any such sign, poster, bill or advertising device when such facilities are located on
public property or within public easements.
14. Window signs which are of a temporary nature for commercial businesses
and which occupy less than 25% of the window surface. Signs on or in the window
which occupy more than 25% of the window surface are permanent and will be
considered part of the overall signing permitted for the business. Such permanent
window signs shall require permits.
15. Signs of community service and fraternal organizations, including
notation of place and date of regular activity meetings.
16. Temporary signs displayed on City of Tukwila parks property. Said
signage must be pre- approved by the Director of the Tukwila Parks Department prior
to display.
B. 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.
Section 2. Ordinance 1913 §1 (part), as codified at 19.12.070 of the Tukwila
Municipal Code, is hereby amended as follows:
19.12.070 Fees - Permanent signs. An application fee shall be paid at the time of
application for a permit to erect or install a sign or device controlled by this code. The
fee shall be per the Land Use Fee Schedule most recently adopted by the City Council.
This fee does not include the costs of engineering checks nor of electrical or other
inspections required by other appropriate agencies.
Section 3. Ordinance 1913 §1 (part), as codified at 19.12.080 of the Tukwila
Municipal Code, is hereby amended as follows:
19.12.080 Fees - Temporary signs. An application fee shall be paid at the time of
application for a permit to erect or install temporary signs, banners, streamers, and
other special permit signs as provided in TMC Chapter 19.24. The fee shall be per the
Land Use Fee Schedule most recently adopted by the City Council.
Section 4. Ordinance 1913 §1 (part), as codified at 19.12.090 of the Tukwila
Municipal Code, is hereby amended as follows:
19.12.090 Fees - Work started prior to permit issuance. Where work for which a permit
is required by this code is started prior to obtaining a permit, the fees specified in the
Land Use Fee Schedule shall be doubled, but the payment of such double fee shall not
relieve any person from fully complying with the requirements of this code in the
execution of the work nor from any other penalties prescribed herein.
Section 5. Ordinance 1274 §1 (part), as codified at 19.22.010 of the Tukwila
Municipal Code, is hereby amended as follows:
19.22.010 Permit requirements - Conformance. A maximum of four internal
informational signs, as defined in TMC 19.08.120, shall be exempt from the permit
requirements of this code. However, all such signs must conform to the design and
placement regulations contained in this chapter. Placement of five or more internal
information signs of identical size and appearance shall require a permit approved by
Sign Code -3
the Planning Commission and payment of a single permanent sign permit application
fee as referenced in TMC 19.12.070.
Section 6. Ordinance 1857 §5 (part), and Ordinance 1274 §1 (part), as codified at
19.28.030 of the Tukwila Municipal Code, are hereby deleted.
Section 7. Ordinance 1857 §5 (part), and Ordinance 1274 §1 (part), as codified at
19.28.040 of the Tukwila Municipal Code, are hereby deleted.
Section 8. Ordinance 1857 §6 (part), as codified at 19.30.010 of the Tukwila
Municipal Code, is hereby amended as follows:
19.30.010 General. The purpose of this chapter is to establish limits on the continuation
of and requirements for the removal of nonconforming signs. Subject to the remaining
restrictions of this chapter, nonconforming 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 required.
Section 9. Ordinance 1857 §6 (part), as codified at 19.30.015 of the Tukwila
Municipal Code, is hereby deleted.
Section 10. Ordinance 1857 §6 (part), as codified at 19.30.020 of the Tukwila
Municipal Code, is hereby deleted.
Section 11. Ordinance 1982 §1 and Ordinance 1857 §6 (part), as codified at 19.30.030
of the Tukwila Municipal Code, are hereby amended as follows:
19.30.030 Definition and removal of non - conforming signs.
A. All signs that do not conform to the specific standards of this Code may be
considered legally nonconforming if the sign was erected in conformance with a valid
permit and complied with all applicable laws at the time of the sign's installation.
B. Application for and issuance of a sign permit that complies with this Code is
required:
1. For relocation, re- erection, alteration, replacement or change in any way
to a legal nonconforming sign - the structure or sign panel /face /copy; or
2. Repair of a legal nonconforming sign that suffers more than 50% damage
or deterioration, which is based upon an appraisal.
3. Any legally nonconforming wall sign that exists as of January 1, 1999 and
that exceeds sign code standards as to sign area by 15% or less shall be deemed to be
conforming. Any legally nonconforming freestanding sign that exists as of January 1,
1999 and that exceeds sign code standards as to sign area, height and location by 15% or
less shall be deemed to be conforming.
C. Modifications not requiring a permit are provided in the section "Exceptions -
Permits not required." (TMC 19.12.050.A.1 and 19.12.050.A.2) and shall not be
considered alteration of a non - conforming sign.
Section 12. Ordinance 1982 §2 and Ordinance 1857 §6 (part), as codified at 19.30.040
of the Tukwila Municipal Code, are hereby deleted.
Section 13. Ordinance 1982 §3 and Ordinance 1857 §6•(part), as codified at 19.30.050
of the Tukwila Municipal Code, are hereby deleted.
Sign Code -4
Section 14. Ordinance 1857 §6 (part), as codified at 19.30.060 of the Tukwila
Municipal Code, are hereby deleted.
Section 15. Ordinance 1857 §6 (part), as codified at 19.30.070 of the Tukwila
Municipal Code, is hereby deleted.
Section 16. Ordinance 1964 §1 and Ordinance 1857 §6 (part), as codified at 19.30.075
of the Tukwila Municipal Code, is hereby deleted.
Section 17. Ordinance 1857 §6 (part), as codified at 19.30.090 of the Tukwila
Municipal Code, is hereby amended as follows:
19.30.090 Maintenance and repair. Nothing in this chapter shall relieve the owner or
user of a non - conforming sign from the provisions of this code regarding safety,
maintenance and repair of signage. However, a permit issued in conformance with this
Code is required if repairs are needed for a nonconforming sign that has suffered more
than 50% damage or deterioration, which is based upon an appraisal.
Section 18. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be pre - empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity or constitutionality of the remaining portions of this
ordinance or its application to any other persons or circumstances.
Section 19. Effective Date. This ordinance or a summary thereof shall be
published in the o icial ewspaper of the City and shall take effect and be in full force
and effect on /l ? / , 2002.
PASSED BY THE CITY COi:iNAII, OF THE T OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this / day of , 2002.
ATTEST /AUTHENTICATED:
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office • f the Attorney
Sign Code -5
Steven M. Mullet, Mayor
Filed with the City Clerk: 1/ - -/. 0
Passed by the City Council: // Q 2.
Published: //- A _0
Effective Date: /1-
Ordinance Number: 02.44
Return to: City of Tukwila
Department of Community Development
6300 Southcenter BL, Suite 100
Tukwila, WA 98188
Grantor: City of Tukwila
Grantee: Michael and Donna West
VOLUNTARY SIGN REDUCTION AGREEMENT
BETWEEN
CITY OF TUKWILA AND MICHAEL AND DONNA WEST
1. Parties.
This Agreement is made by and between the City of Tukwila, Washington, a non - charter
optional municipal code city (hereinafter referred to as "City ") and the owner of real property
located at 14864 Tukwila International Boulevard, Tukwila, Washington, and legally described in
Attachment A hereto (hereinafter referred to as "Owner") for the purposes more fully set forth
below. z
2. Recitals. w
A. This Voluntary Sign Reduction Agreement sets forth the terms and conditions under which 6 v
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the Owner will voluntarily remove existing signage within the City of Tukwila in order to 0 0
comply with Ordinance No. 1857, Tukwila's Staged Compliance Sign Amortization Program. co w
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B. The Staged Compliance Sign Amortization Program is a phased program designed to bring
all signage in the City of Tukwila into conformance with the Tukwila Sign Code (TMC 19) per w 0
° the provisions of Ordinance No. 1857 within a defined time period. Ordinance 1857 was
adopted on November 23, 1998 and its effective date is January 1, 1999.
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C. The property, on which the signage subject to this removal agreement is situated, is that = d
• c_ certain real property located at 14864 Tukwila International BL, Tukwila, King County, F w
Washington (King County Parcel No. 0041000321). z
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3. Provisions. As evidenced by their respective signatures below the parties agree to the = U
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D. The Owner has applied for this Voluntary Sign Reduction Agreement through the City's
Department of Community Development in order to obtain the benefit of an extension in the
time period required for compliance with Ordinance No. 1857 beyond the three -year base
amortization period the Ordinance provides.
following provisions:
A. Percentage of Reduction and Extension Formula. Ordinance No. 1857 provides for an
extension of the time period in which to comply with the Ordinance's sign removal provisions
based on the percentage of reduction to signage. Ordinance No. 1857 is incorporated in full
herein by reference.
B. Removal of on- premises signage. The Owner agrees to reduce on- premises signage on
the property identified in Section 2(C) above in order to receive an extension of time by which
he /she or it must comply with Ordinance No. 1857. An extension of the amortization base
time period is available for those persons or entities complying with signage reduction
requirements more fully set forth in Ordinance No. 1857. Attached hereto as Attachment B is
the Notice of Decision issued by the City's Department of Community Development approving
the Voluntary Sign Reduction Agreement. It is incorporated herein as if fully set.
C. Substitution of Signage and Permitting Requirements. Existing on- premises signage may
be substituted with new and /or existing signage, so long as such substitution results in a total
reduction in non - conforming signage. Substitutions with new signs require a permit issued by
the City's Department of Community Development. Sign permits for substitution signage are
subject to the compliance period specified under this Agreement.
D. Extension. Based on the foregoing provisions and based on the Owner's percentage of
reduction, the Owner shall have 7.5 years from January 1, 1999 to fully comply with the City's
Staged Compliance Sign Amortization Program.
E. Expiration. This agreement expires on June 30, 2006. At expiration all signs must be in
conformance with the Tukwila Sign Code.
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F. Remedies. The Owner agrees that if he /she or it fails to fully comply with any of the
terms of this Agreement, that the City is permitted by the Owner, and the Owner has the
authority to authorize, the City to enter upon the property and remove the non - conforming
signage at Owner's sole cost and expense. The Owner agrees to reimburse the City for all
costs of removal, including but not limited to, attorney fees, staff costs, dump fees, electrical
fees, and abatement costs. Nothing in this provision precludes the City from pursuing any
other remedies provided by law, including legal or equitable relief.
G. Maintenance and Repair. Nothing in this Agreement relieves the Owner from his/ her or
its obligation to comply with City code provisions regarding the maintenance, safety, and
repair of signage.
4. Entire Agreement. This Agreement constitutes the entire agreement between the parties
and both parties acknowledge that there are no other agreements, oral or otherwise, that have not
been fully set forth in the text of this Agreement.
5. Modification. The parties agree that this Agreement can be amended or modified only
with the written concurrence of both parties.
6. Agreement to be Recorded. This agreement will be recorded with the King County
Recorder's Office.
7. Notices. Any notices given under this Agreement shall be mailed to the following parties
at the following addresses, unless written notice of a change in either such address is provided to
the other:
Name of Property Owner: Michael and Donna West
Full Address: 14864 Tukwila International BL
Tukwila, WA 98168
City:
City of Tukwila
City Clerk
6300 Southcenter Boulevard
Tukwila, WA 98188
Attachment A: Property Legal Description
Attachment B: Notice of Decision
PROPERTY OWNER
By:
By:
Its:
STATE OF WASHINGTON
COUNTY OF KING
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On this date personally appeared before me Povi v.a F' Wo,, '' Y r
known to be the individuaI�h,i�t,, executed the within and foregoing instrument, and' owledg '•,
the said instrument to be tii��ree a vo tary act and deed for the uses• end iut�1`gst,`ein. .'
Y
mentioned, and on oath stated that au' horized to execute said instrument. _ �:'N ->i 1 n n� . r
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DATED this 1 day of Av) VS t
CITY OF TUKWILA
caz
cy-y Director of Community Development
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rn
STATE OF WASHINGTON )
) ss.
c=? COUNTY OF KING )
N. ary Public in a 'd for the tat of
Washington, residing at Jed le--
My commission expires 2- ,22, -e, 3
On this date personally appeared before me Steve Lancaster, to me known to be the
individual that executed the within and foregoing instrument, and acknowledged the said
instrument to be his free and voluntary act and deed for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute said instrument.
DATED this 23441 day of au y..<4 , 2000 .
`�1
\AA . D ..cII
tc NOTARY �^ .
■
ij PUBLIC .
0 Cn
Notary Public in and for rhe State of
Washington, residing at k t-, WA
My commission expires 6- /6- U
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The land referred to in this commitment is situated in the county of
King, State of Washington, and described as follows:
That portion of Lots 27 and 28, Block 2, First Addition to Adams
Home Tracts, according to the plat thereof recorded in Volume 12 of
Plats, page 50, in King County, Washington, described as follows:
Beginning at the intersection of the westerly line of the east 50
feet of said Lot 27 and the northerly line of South 150th Street as
now established;
Thence north 89 °O1' west along the north marginal line of South 150th
Street a distance of 182.35 feet to the southeasterly line of State
Highway No. 1;
Thence north 19 °01' east along said southeasterly line 61 25 feet;
Thence south 74 °37'l0" east 168.49 feet to the westerly line of the
east 50 feet of said Lot 27;
Thence south 0 °10' west along said westerly line 16.40 feet to the
point of beginning.
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NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated
legal description is not a substitute for a complete legal description
within the body of the document.
Ptn. Lots 27 -28, Block 2, First Add. to Adams Home Tracts, Vol. 12,
pg. 50
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To:
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
NOTICE OF DECISION.'
Staged Compliance Sign Amortization Program
Voluntary Sign Reduction (VSR) Agreement
July 21, 2000
Michael and Donna West
14864 Tukwila International Bl
Tukwila, WA 98168
This notice is to confirm the decision reached on July 21, 2000 by the Director of the
Department of Community Development. This decision allows the property owner
additional time beyond the base amortization period and is an agreement between the
landowner and the City of Tukwila regarding non - conforming on- premises signage.
This letter serves as a Notice of Decision for a Type 2 Decision, which is described in the
Permit Application Types and Procedures Chapter, Tukwila Zoning Code, (TMC
18.104.010C,) on the following property.
Property Owner: Michael and Donna West
File Number: L2000 -032
Location: 14864 Tukwila International B1.
Conditions:
1. Permits are required for any new signs or existing signs that are to be moved or
modified.
T/6i-e6
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
2. Movement of signage per the VSR agreement must occur by 31 December 2001.
The movement of the following sign to the required setback must be permitted
for and moved by the above date.
3. The signs that are to be removed from the site per the application, must occur by
31 December 2001. Removal includes the two blade signs shown below.
77/9- 16-1
4. The property owner has until June 30, 2006_to reduce the size of the remaining
non - conforming sign shown below into conformance with the City of Tukwila
Sign Code.
9717777 t:tl 2nd tt 1t1 k�i� pwF {i/Y
vrt.. i'a ?�!.gGC���'C'r:�ruK `3}.1:. QU�i14n4�'
This decision was reached following the criteria outlined in the Extended Compliance
Periods under Voluntary Sign Reduction Agreement Section of the Staged Compliance
Sign Amortization Program Chapter of the City of Tukwila Sign Code (TMC 19.30.050.)
Percent of Reduction Equals:
Total non - conforming square footage reduced per the VSR Agreement divided by
the total non - conforming square footage before reduction. A 15% bonus will be
added for each non - conforming freestanding sign removed or made conforming (if
applicable under the terms of the VSR.)
Percent of Reduction Using Formula
Duration of Extended
Compliance Period
Less than 30%
Not eligible for extended
compliance period
At least 30% but not more than 45%
4.5 years (base amortization + 1.5
years)
At least 45% but not more than 60%
6 years (base amortization + 3
years)
At least 60%
7.5 years (base amortization +4.5
years)
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Project materials relating to the VSR application are available for inspection at:
Tukwila Department of Community Development;
6300 Southcenter Blvd., Suite 100; Tukwila, WA 98188
Monday through Friday; 8:30 a.m. - 5:00 p.m.
The Planner managing the project is Moira Carr Bradshaw, who may be contacted at 431-
3670 for further information.
The time period for appeals is 14 days starting from the date of this Notice of Decision.
The Director's decision is appealable to the Tukwila Planning Commission following the
time limits and procedures of the Appeal Processes Chapter of the City of Tukwila
Zoning Code (TMC 18.116.) Appeal materials shall include:
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.
3. A statement identifying the decision being appealed and the alleged errors in the
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 an appeal shall be limited to
matters or issues raised in the Notice of Appeal.
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VSR CALCULATION SHEET
PERCENT OF REDUCTION FORMULA
The extended compliance period for non - conforming signs covered by a Voluntary Sign Reduction Agreement is determined
using the ercent of reduction formula. This formula reflects the reduction in non - conforming signage on a premises
(expressed-'as a percentage) as of December 31, 2001. It is used on a per premises basis to determine the extended
compliance period for non - conforming on- premises signs. The reduction In the total square footage of all non - conforming
signage to be reduced is divided by the total square footage of all non - conforming signage. A 15% bonus is added to the
resulting percentage for each non- conforming freestanding sign (if any) which has been removed or brought into compliance.
FORMULA: PERCENT OF REDUCTION EQUALS
TOTAL NON - CONFORMING
SQUARE FOOTAGE REDUCED
TOTAL NON - CONFORMING
SQUARE FOOTAGE BEFORE
REDUCTION
15% BONUS FOR EACH
+ NON - CONFORMING
FREESTANDING SIGN
REMOVED OR MADE
CONFORMING (IF APPLICABLE)
ESTABLISHING THE EXTENDED COMPLIANCE PERIOI]
PERCENT OF REDUCTION (USING FORMULA)
DURATION OF EXTENDED COMPLIANCE PERIOD
Less than 30%
Not eligible for extended compliance period
At least 30% but not more than 45%
4.5 years (base amortization + 1.5 years)
At least 45% but not more than 60%
6 years (base amortization + 3 years)
At least 60$ and higher
7.5 years (base amortization + 4.5 years)
4
DETERMINATION OF EXTENDED COMPLIANCE PERIOD
4.5 years (3 year base amortization + 1.5 year extension) expiring June 30, 2003.
6 years (3 year base amortization + 3 year extension) expiring December 31, 2004.
7.5 years (3 year base amortization + 4.5 year extension) expiring June 30, 2006.
NOT ELIGIBLE FOR EXTENDED COMPLIANCE PERIOD
CONDITIONS:
To be eligible for a VSR, applicant must remove square footage of non- conforming signage
before December 31, 2001. This includes the removal of freestanding sign(s).
SUBSTITUTION OF SIGNAGE OPTION
Existing on- premises signage may be substituted with other new or existing signage, so long as the substitution is part of a
total reduction In non - conforming signage on the premises. Such substitution must be under the terms and conditions of an
approved VSR Agreement and will require a permit. All decisions regarding the Staged Sign Amortization Program are Type
2 decisions under TMC 18.104.010C and may be appealed to the Planning Commission under TMC Chapter 18.116.
DESCRIPTION OF PROPOSAL FOR SUBSTITUTION OF SIGNAGE:
ADDITIONAL COMMENTS:
PLANNING REVIEW BY:
DATE:
06104199
•
City of Tukwila PERMIT NO.
/ "77-41)� 6-2' -2--
Department of Community Development
6300 Southcenter Boulevard, Suite 100 DATE: S--/e7—a)
Tukwila, Washington 98188
(206) 431 -3670
VOLUNTARY SIGN REDUCTION ( "VSR ") AGREEMENT APPLICATION
* * APPLICATION DEADLINE: JUNE 1, 2000 * *
The Voluntary Sign Reduction ( "VSR ") Agreement is an agreement between a landowner and the City of Tukwila regarding non-
conforming on- premises signage. This agreement allows an extended time period of a specified length to bring it Into compliance with
Tukwila's sign code standards. The substitution of any existing on- premises signage with other new or existing signage must be
referenced In, and be a part of, an approved VSR Agreement and will require a permit. All VSR's must be executed and approved by the
landowner and the City no later than June 30, 2000. The implementation deadline for all approved and executed VSR's is December 31,
2001. Implementation is accomplished by reducing the square footage of all on- premises non - conforming signage by at least 30 %. All
decisions regarding the Staged Sign Amortization Program are Type 2 decisions under TMC 18.104.0100 and may be appealed to the
Planning Commission under TMC Chapter 18.116. There is no application fee for the Voluntary Sign Reduction Agreement.
N(; c_k -F
Property Owner's Name
1(-15d- yT)kuit Bloc!.
k,.��I�, wA, 9V6
Property Owner's Mailing Address
PARCEL NUMBERS OF ALL PROPERTY TO BE INCLUDED IN THIS VSR:
00 1-1 bao3atO
a06- 242 -5-5-5C
Property Owner's Phone
CHECKLIST — REQUIRED ITEMS TO SUBMIT
✓ Site Plan (dimensioned and scaled) including location of all existing signage (wall and freestanding).
N/ Wall Sign diagrams (dimensioned and scaled) showing sign face size and image for each wall sign.
Freestanding Sign diagrams (dimensioned and scaled) showing sign height, face size and image for each sign.
✓ Elevation of Building (dimensioned and scaled) showing location of all wall signs plus height and length of walls.
VSR Calculation Sheet
VSR Data Sheet
King County Assessor's Map(s) showing all parcels referenced above and exterior t?oundaries of subject property.
TENANT INFORMATION:
f `t. e, ua1 B to .
5e,oiL+oW1"0 .-
A0+0 R- -br9r "1kw'11A l JA, %1(0 e6-
Business Name Business Address Business Phone
1 Business Name Business Address Business Phone
Business Name Business Address Business Phone
CERTIFICATION
I HEREBY CERTIFY that the information furnished by me for this application is true and correct under penalty of perjury by
law in the State of Washington, and that the applicable requirements of the City of Tukwila will be met.
T Y r � L azi-
DATE SIGNATURE OF PR PERTY OWNER(S)
06104!99
6 S-6751.
PHONE
NUMBER OF WALL SIGNS:
on north wall:
on south wall:
on east wall:
on west wall: a.
BUILDING SIZE:
Height of building:
VSR DATA SHEET
WALL SIGNS
•
Length of north /south walls: I 0
Length of east/west walls:
SIZE OF SIGNS:
06104/99
50;' RS'
57
—
Size of signs on north wall: ID#
Business advertised:
Size of signs on south wall:
Business advertised:
Size of signs on east wall:
Business advertised:
Size of signs on west wall:
Business advertised:
s. f.
C-0 \. �' 0, S
hdNLyL?%?L01''6
ID# ID#
s.f. s.f.
19e
ID# q ID# ID#
t
L. bs.f.
s. f.
So u-1-ti4.e,:., /J.e
s. f.
ID#
s.f.
ID#
s. f.
ID#
s.f.
ID#
s. f.
ID#
s. f.
ID# ID#
7b.
Ace. f. 3, 7 5s.f.
sc0 -1-11 Fe wOli A � G t,itc[
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tiH'
C.
s.f.
ID#
s. f.
Ane-
ID#
s.f.
411,4.0-14bn 10
'70, ?5 1/0 = 2y,25
VSR DATA SHEET
FREESTANDING SIGNS
Height of Building: 2, d. 5 .!; 4,q, c Q
S. lso
Total amount of frontage (in linear feet) along all dedicated public streets:
16°4-1' - .�tia�s�
NUMBER OF FREESTANDING SIGNS:
at (or near) north property line:
at (or near) south property line:
at (or near) east property line:
at (or near) west property line:
other location(s):
SIZE OF SIGNS:
06104/99
Signs at (or near) north property line:
Sign face size
Sign height
Distance from property line:
Business advertised
Signs at (or near) south property line:
Sign face size
Sign height
Distance from property line:
Business advertised
Signs at (or near) east property line:
1 D#
s.f.
ID#
s. f.
I D#
t- 2
C7 I Al L4....
4 ,
/50 =ti r
ID# ID#
s.f. s.f.
ID# ID#
s.f. s.f.
ID# ID#
Sign face size s.f. s.f. s.f.
Sign height
Distance from property Tine'
Business advertised
Signs at (or near) west property line:
ID# 02 ID#
I D#
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Sign face size 30 s.f. s.f. s.f.
Sign height -, L G5 , 11 V) 04, l-b [r ✓J
Distance from property line:
,Sov F k-t"ow 0
Business advertised v }o l .e bu'. tizt
0
fo
(9 5 1.,,)(1.-ec
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,tfL Sr
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4.12
Southtowne
Action
Proposed
Sign Id
Total
Sq. Ft
Total
Allowed
Sq. Ft.
Total NonC
sq. ft.
Reduction —
Nonconfrm.
Sq. ft.
Move
Freesign
60
100
Remove
Blade west wall
3.75 x 2
7.5
0
7.5
7.5
Keep
West wall sign
70.25
46
24.25
Remove
South wall
6x2
12
0
12
12
Total
149.75
146
40.75
19.5
19.5/40.75 = .48 + .15 = .63
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City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
July 25, 2000
Michael and Donna West
Southtowne Auto Rebuild
14864 Tukwila International BL
Tukwila, WA 98168
Dear Mike and Donna:
Your application for a Voluntary Sign Reduction Agreement has been approved.
Details of the agreement and the approved time extensions are included in the
enclosed Notice of Decision.
Please review the Agreement and Notice of Decision and if you agree with the
terms, please sign in the presence of a notary public and then return the VSR
agreement to me by Friday August 4, 2000.
If you have any further questions regarding this matter, please feel free to call
me at 431 -3651.
Sincerely,
Moira Carr Bradshaw
Associate Planner
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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