HomeMy WebLinkAboutPermit L2000-079 - PARKWAY SUPERCENTER - SIGN VARIANCEL2000 -079
PARKWAY SUPERCENTER
17574 SOUTHCENTER PKY
Trammell Crow Company
November 30, 2000
Art Peterson
CITY OF TUKWILA
6200 Southcenter Boulevard
Tukwila, Washington 98188
Re: Parkway SuperCenter — Tukwila, Washington
Sign Code Variance Application
Dear Mr. Peterson,
Enclosed are the following items for your consideration:
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NOV 3 0 2000
COMMUNITY
DEVELOPMENT
❑ Complete Application Checklist
❑ Sign Code Variance Application
❑ Application Fee: Check #2013 in the amount of $600
❑ Affidavit of Ownership (signed and notarized)
❑ King County Assessor's maps (one set)
❑ Mailing labels for owners /tenants within 500' of property boundaries (two sets)
Four copies of each of the following are also included as the required Application Packets:
❑ Written analysis: Letter dated 09/29/00 to Jason Jones
❑ Vicinity Map
❑ North Pylon Sign photo and location
❑ South Pylon Sign photo and location
❑ Tenant (Building) Sign site plan
❑ Light Pole Banner Location site plan
Per your instructions over the phone on November 8th, I have included four copies of the
Application Packet, instead of eight as specified on the Application Checklist. Additionally, I
have omitted the Land Use Map and Lot Line plan that you deemed unnecessary. Upon your
confirmation that this application is complete, we will erect the required Public Notice Board.
The light pole banners in place at Parkway SuperCenter are the only real estate signs that
identify the center. Trammell Crow Company, as agent for MBK Northwest, respectfully
requests that the City of Tukwila allow the banners to remain in place. Thank you.
Sincerely,
TRAMMELL CROW COMPANY
Jo Ann Bertram
Property Manager
17574 Southcenter Parkway Tukwila, Washington 98188 Office (206)- 575 -8090 Fax (206)- 575 -4140
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplanaci.tukwila.wa.us
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
STATE OF WASHINGTON
ss
COUNTY OF KING
The undersigned being duly sworn and upon oath states as follows:
1. I am the current owner of the property which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3. The application is being submitted with my knowledge and consent.
4. Owner grants the Cicx' its em loyees, agents, engineers, contractors or other representatives the right to enter upon Owner's real
property, located at 1757' Southcenter Parkway. Tukwila WA 98188
for the purpose of application review, for the limited time necessary to complete that purpose.
5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the
City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City.
6. 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 "Complete 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 Tukwila
(city), WA (state), on November 72, 2000 ,
Jo Ann Bertram, as agent for Owner
(Print Name)
17574 Southcenter Parkway •
(AO ) 575 -8090
(PhoneNaT r)
61114...
(Signa
On this day personally appeared before me Jo Ann Bertram to me known to be the individual who
executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and
purposes mentioned therein.
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 22 DA OF November
N rARY PUBL, Jand for the State of Washington
g 1
residin at IUKw ia, Washington
My Commission expires on 2/23/02
, 2000
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CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplan@ci.tukwila.wa.us
ZONING OR
SIGN CODE
VARIANCE
APPLICATION
NAME OF PROJECT/DEVELOPMENT:
Parkway SuperCenter
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s),
block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL NUMBERS.
17574 Southcenter Parkway
Tukwila, WA 98188
Quarter: Section: Township: Range:
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who:
J
• 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.
262304- 9079 -06
262304- 9110 -07
352304 - 9005 -04
262304- 9066 -01
262304- 9024 -02
262304- 9120 -05
262304- 9134 -09
262304- 9135 -08
812520 - 0410 -03
352304 - 9031 -02
352304 - 9061 -05
352304 - 9123 -01
Name:
Jo Ann Bertram, agent for Owner MBK Northwest
Address:
17574 Southcenter. Parkway, Tukwila WA 98188
Phone: (206) 575 -8090 FAX: (206) 575 -4140
Signature:
G: APPHANILANDUSE.APRZONVAR.DOC, 06/16/00
Date: 11/22/00
FOR STAFF USE ONLY Sierra Type: P-SV or P -VAR .
Planner:
File Number: /Amp° -� 079
Application Complete
(Date:
)
Project File Number:
Application Incomplete
(Date:
)
Other File Numbers:
NAME OF PROJECT/DEVELOPMENT:
Parkway SuperCenter
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s),
block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL NUMBERS.
17574 Southcenter Parkway
Tukwila, WA 98188
Quarter: Section: Township: Range:
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who:
J
• 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.
262304- 9079 -06
262304- 9110 -07
352304 - 9005 -04
262304- 9066 -01
262304- 9024 -02
262304- 9120 -05
262304- 9134 -09
262304- 9135 -08
812520 - 0410 -03
352304 - 9031 -02
352304 - 9061 -05
352304 - 9123 -01
Name:
Jo Ann Bertram, agent for Owner MBK Northwest
Address:
17574 Southcenter. Parkway, Tukwila WA 98188
Phone: (206) 575 -8090 FAX: (206) 575 -4140
Signature:
G: APPHANILANDUSE.APRZONVAR.DOC, 06/16/00
Date: 11/22/00
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.
Department staff are available to answer questions about application materials at 206 -431 -3670.
COMPLETE APPLICATION CHECKLIST TABLE
Information Required'' 1Gfay be.waii ed to urivauax "
t ' =.:.. i - :�:_.. rJ +":'4w`,. !..�Y
• cases,. upon approval of both Public Works and 2Plannmg: "
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APPLICATION FORMS:
Application Checklist: one (1) copy, indicating
items submitted with application.
Complete Variance Application Packet: eight (8)
copies and one set of High Quality Photo
Reductions, reduced to 81/2" to 11" of all plans.
(See Project Description and Analysis, Site Plans and
Evaluations)
Application Fee ($6
,4.
PUBLIC NOTICE MATERIALS:
V " King County Assessor's map(s) which shows the
location of each property within 500 ft. of the subject
lot
Two (2) sets of mailing labels for all property owners
and tenants (residents or businesses) within 500 feet
of the subject property (Note: Each unit in multiple -
family buildings - -e.g. apartments, condos, trailer
parks- -must be included)
6. A 4' x 4' Public Notice Board will be required on -site
within 14 days of the Department determining that a
complete application has been received
• ,
PROPERTY INFORMATION:
/41. Vicinity Map with site location.
8. Surrounding Land Use Map for all existing land uses
within a 1,000 foot radius from the lot's property
lines.
9. Lot lines for 300 ft. from the site's property lines
including right -of -ways.
PROJECT DESCRIPTION AND ANALYSIS:
/10. A written discussion of project consistency with each
decision criteria. (See Application)
ITE PLANS:
11. To include:
�
• Property lines
GAAPPHAN\LANDUSE.APP\ZON VAR.DOC. 06/16/00
1`+i:'�,^F wit .•"•b'.t.`�' r; e
Jason Jones
September 29, 2000
Page 2
Trammell Crow Company, as agent for owner MBK Northwest, respectfully requests
that the City of Tukwila allow the banners to remain in place.
Please note that I will be out of the office Monday, October Oct through Wednesday, October
11 th. 1 will call you upon my retum on Thursday, October 12th.
Thank you.
Sincerely,
TRAMMELL CROW COMPANY
Jo Ann Bertram
Property Manager
Via Facsimile (206) 433-1833
cc: MBK Northwest
" " • " " ' ' ' ' ' • =
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To:
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
NOTICE OF DECISION
April 23, 2001
• Jo Ann Bertram, Trammel Crow Company (applicant)
• Dave Moore, MBK Northwest (owner)
This letter serves as a Notice of Decision and is issued pursuant to TMC 18.104.170. The
variance from the provisions of the sign code was denied by the Hearing Examiner. The Hearing
Examiner's decision was transmitted to you on April 19, 2001. A copy of the Hearing
Examiner's decision is also attached to this letter.
PROJECT BACKGROUND
a. Project file number:
L2000 -079 (Sign Code Variance)
b. The name of the property owner(s):
MBK Northwest
c. Project Description:
Request for variance from the requirements of the Tukwila Sign Code to retain
approximately 30 banners attached to light poles in the Parkway Supercenter parking lots.
d. Project location:
17300 Southcenter Parkway
e. The permits submitted concurrently with this application:
None
f. Environmental threshold determination (if any):
None required
g.
Property owners affected by this decision may request a change in valuation for property
tax purposes notwithstanding any program of revaluation.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665
.; •
Notice of Decision, L2000 -079
h. Appeals procedures:
As indicated in the Hearing Examiner's decision (that was transmitted to you on April 19,
2001), any aggrieved person feeling that the decision of the Examiner is ambiguous or
based on erroneous procedure, errors of law or fact, error in judgement, or the discovery
of new evidence which could not be reasonably available at the prior hearing may make a
written request for a review by the Examiner within twenty one (21) days from the date of
his decision. This request for reconsideration must be filed in writing on or before 5:00
p.m., May 10, 2001.
Also, the Hearing Examiner's decision may only be appealed to King County Superior
Court. As stated in the Hearing Examiner's decision, the appeal to Superior Court may be
filed only within 21 days of his decision, i.e. by May 10, 2001.
i. In order to avoid being subject to code enforcement procedures that include monetary
penalties, the applicant must remove the banners after the appeal period has expired,
unless an appeal is filed.
The public notice sign must be removed from the site by the applicant after the
appeal period has expired, unless an appeal is filed with the City.
Project materials including the application, any staff reports, and other studies related to the
permit(s) are available for inspection at the Tukwila Dept. of Community Development; 6300
Southcenter Blvd.; Suite 100; Tukwila, WA; from Monday through Friday, between 8:30 AM to
5:00 PM. The project planner is Minnie Dhaliwal, who may be contacted at 206 - 431 -3685 for
further information.
Planning Manager
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REPORT AND DECISION
PETITIONER:
LOCATION:
April 19, 2001
OFFICE OF THE HEARING EXAMINER
CITY OF TUKWILA
Jo Ann Bertram, Trammell Crow Company for
Parkway SuperCenter
Parkway SuperCenter's two parking lots, one located along
Southcenter Parkway north of S 180th Street and the other
south of the intersection of Southcenter Parkway and S 180th
Street, Tukwila, WA
SUMMARY OF REQUEST: Request for approval of Sign Code Variance
MINUTES
The following minutes are a brief summary of the March 20, 2001 hearing.
The official record is recorded on tape.
The hearing opened on Tuesday, March 20, 2001, at 1:30 p.m. in the Council Chambers on the seventh floor of
the Renton City Hall. Parties wishing to testify were affirmed by the Examiner.
The following exhibits were entered into the record:
Exhibit No. 1: Yellow file containing the staff
Exhibit No. 2: Schematic of pylon sign, dated
report, and other pertinent documentation.
February 4, 1998
Exhibit No. 3: Schematic of current pylon sign
Exhibit No. 4: Letter from neighbors in support of
banners, dated March 15, 2001
Parties present: Representing Petitioner:
Jo Ann Bertram
Trammell Crow Company
17574 Southcenter Parkway
Tukwila, WA 98188
Dave Moore
MBK Northwest
4949 SW Meadows Rd.
Lake Oswego, OR 97035
Representing City of Tukwila:
Art Pederson, Contract City Planner
Minnie Dahlewahl
6200 Southcenter Blvd.
Tukwila, WA 98188
SuperCenter Sign Code Variance
April 16, 2001
Page 2
The Examiner explained that the purpose of the meeting was to hold public hearing on the applications
pursuant to Tukwila City Code. This hearing constitutes the hearing of the City Council and the City of
Tukwila. Unless there is a request for reconsideration, an appeal would be to the Superior Court. A request for z
reconsideration would have to show that there were clearly erroneous decisions by the Examiner.
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Art Pederson, Contract Planner, City of Tukwila, 5604 20th Avenue NW, Seattle, WA 98107, reviewed the
Staff Report. He cited exhibits B1 and B2 from the Staff Report, which show photos of the sign banners and
exhibit C, a site plan of the Parkway SuperCenter showing the location of the banners throughout the parking u) o
lot. Thirty sign banners were put up around the Parkway SuperCenter without permits in violation of the w = Ili
Tukwila Sign Code Regulation on the number and location of free standing signs. These banners are classified —'
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as signs in the Tukwila Sign Code because the Code defines anything that describes or draws attention to a w O
location or business as a sign. The text on the banners that reads, "Parkway SuperCenter" qualifies them as a 2
sign. They are free standing signs because they are not affixed to a building. A business in Tukwila can have
either a wall sign or a freestanding sign. The individual tenants in this shopping center have wall signs. The a
Parkway SuperCenter has two free standing signs that are on Southcenter Parkway. Any sign that is not affixed =
III
to a building is considered a free standing sign. The Tukwila Sign Code allows a site to have one freestanding z
sign, and in certain circumstances allows two freestanding signs. The circumstances are if the property has z O
more than 400 lineal feet of frontage, there are two detached, commercially occupied buildings, and there are at w • w
least two tenants. All those criteria were met with Parkway SuperCenter. In 1998 the SuperCenter applied for o
permits for two freestanding signs, which are shown in Exhibit D of the Staff Report. vO cn
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Mr. Pederson reviewed the project's conformance to variance criteria, as detailed in the Staff Report. He =
discussed each of the eight criteria for the granting of sign variances detailed in the Tukwila Municipal Code
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and explained the reasons why the SuperCenter's request for a variance does not meet each of the criteria listed. z
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Mr. Pederson then summarized the conclusions of the staff, based on a review of the findings. The City feels 0 �.
that it would be a grant of special privilege to allow a variance for these 30 freestanding signs. The
SuperCenter is allowed to have two freestanding signs instead of just one. MBK Northwest applied for these
signs in 1998, and was part of designing them. They had the opportunity at that time to put their name on the
freestanding signs to identify their business rather than ask the City to make a special exception at a later time.
There are no special circumstances relating to the size, shape, topography, location or surroundings of the
property that would deny it use rights and privileges permitted to other properties in the vicinity. The City feels
that granting this variance would be detrimental to the public welfare. The purposes of the Sign Code are to
establish standards and guidelines so that the streets of Tukwila may appear orderly and safety may be
increased by minimizing clutter and distraction. The City has invested considerable time in carrying out a sign
amortization program begun in 1998. By December 31, 2001 all non - conforming signs in the city must be
brought into conformance. Granting this variance would be a setback in the sign amortization effort.
Mr. Pederson continued his summarization of the staff conclusions by stating that the circumstances and
conditions prompting this variance request do result from the actions of the applicant. MBK Northwest had
these signs designed when developing the shopping center. In spite of consultation with city staff during the
design review and exposure to the Sign Code and its application and permitting requirements, MBK
Northwest/Parkway SuperCenter installed the 30 sign banners without applying for the required sign permits.
Had they applied for the required permits, the problem with the banners would have been identified before they
were manufactured and installed. If the identification of the center were important, placement of the center
name on the freestanding signs designed and applied for by the applicant would have occurred. City staff feels
it would be a substantial deviation from regulations to allow these banners, when what is really needed is to
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SuperCenter Sign Code Variance
April 16, 2001
Page 3
have identifying text on the freestanding signs. A solution to keeping the banners as "identifying colors" of
Parkway SuperCenter that would not require any deviation from prescribed regulations is to replace the text
banners with banners without text. The sign banners do not result in greater convenience to the public in
identifying the location of Parkway SuperCenter. The small size of the text area combined with the great
distance from the street do not allow these banners to function as signage to aid the public in identifying the
business location. The Tukwila Sign Code was created to protect the public safety and avoid public nuisance
by minimizing clutter and distraction visible from the public right -of -way. The substantial efforts of the City of
Tukwila and its citizens in developing the current sign regulations and the creation of a Sign Amortization
Program to assure all businesses equally comply with the regulations requires that MBK Northwest/Parkway
SuperCenter comply as well. The variance is being requested after the fact of installation done without permits.
To allow the sign banners to remain will have an adverse affect on the efforts of the city to bring all signage
into compliance with its Sign Code.
Based on the findings and conclusions of the criteria for sign variance, the City of Tukwila recommends the
variance be denied and the immediate removal of the sign banners per the directions for corrective action in the
"Notice of Correction" RFA 00 -219, issued August 11, 2000 be carried out.
Dave Moore, MBK Northwest, 4949 SW Meadows, Suite 675, Lake Oswego, OR 97035 stated that MBK
Northwest was not attempting to do anything behind the city's back. They have been granted over 200 permits
by the City of Tukwila from start to finish with the redevelopment of the Parkway SuperCenter project. They
have appeared numerous times before the Design and Review Committee and have had the unanimous support
of that committee for every aspect of the project. MBK Northwest believes it falls into the same category as
the Southcenter Mail and the Business Park. Mr. Moore reviewed the history of the two freestanding pylon
signs on the property, explaining why there is no room to put the text "Parkway SuperCenter" on the signs.
NBK Northwest met with the Design and Review Committee for the Best Buy building and for the Bassett-
Thomasville building. Both presentations included exhibits, slides and photos showing the banners, so it came
as a surprise when NBK Northwest was told the banners were non - compliant and needed to be taken down.
Mr. Moore stated that NBK Northwest views their situation as unique in terms of the amount of linear footage
and the L -shape of the actual center. Most of the tenants do identify their business by using the business name
and adding "at Parkway SuperCenter." The Merchants' Association spends thousands of dollars each month
advertising their businesses as located at Parkway SuperCenter, rather than just using a street address.
Jo Ann Bertram, Tramell Crow Company, 17574 Southcenter Parkway, Tukwila, WA 98188 responded to the
variance criteria listed in the Staff Report. The banners do not in any way compromise the intent of the Sign
Code in increasing safety and minimizing clutter and distraction. Ms. Bertram submitted a letter from
neighbors in full support of the banners. The frontage at Parkway SuperCenter is almost four times the length
that would qualify a property as an extraordinary property under the Sign Code. This would certainly be a
special circumstance relating to this property. There is no other property in Tukwila with the amount of street
frontage that Parkway SuperCenter has. There is excellent visibility to the project, but there is no clear
indication that it is one integrated property that is all part of the Parkway SuperCenter. There is nothing about
the banners that is injurious or detrimental to the public welfare.
Mr. Moore stated that should this variance be granted, MBK Northwest would be open to working with city
staff in limiting the number and size of banners allowed. The intent is not to advertise for any specific tenant
on the signage, but to limit the text to "Parkway SuperCenter."
Ms. Bertram continued her response to the variance criteria by stating that customers have looked for the
banners to identify the shopping center when they have come from outside the area. Having the banners there
SuperCenter Sign Code Variance
April 16, 2001
Page 4
eliminates a motorist's doubt as to whether they are at the right property. There is no need to slow down and
try to read individual signage to determine if they are in the right place. The banners are not a nuisance and do
not in any way affect public safety. They do not appear cluttered and are not in any way a distraction.
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Mr. Pederson stated that the City of Tukwila is strongly identified with the Tukwila Urban Center. It is a major =
part of the city's tax base and closely tied to the identity of the city. The City understands that some businesses w
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have unique needs. That is the reason so much effort was put into crafting the Sign Code. It would be an D
unmanageable situation if the city started allowing exceptions to the Code. The City Council is always open to -J 0
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hearing from businesses if the Code does not meet demonstrated needs. N 0
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The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The F-
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hearing closed at 2:40 p.m. w O
FINDINGS, CONCLUSIONS & DECISION Q
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Having reviewed the record in this matter, the Examiner now makes and enters the following: H W
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FINDINGS: z 0
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1. The applicant, MBK Northwest, operating Parkway SuperCenter, filed a request for a Variance from 2 o
the Tukwila Sign Code in order to continue displaying banners on light poles on their property. 0 cn.
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2. The subject site is consists of two sites containing a variety of retail and commercial buildings and their = w
respective parking lots. The banners that are the subject of the variance request are located in the two f' r.
parking lots. One is located along Southcenter Parkway north of South 180th Street and the other is - O
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located southeast of the intersection of Southcenter Parkway and South 180th Street in Tukwila, di
Washington. 0 H
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3. The applicant operates the two sites which contain, amongst other uses, Old Navy, Best Buy,
CompUSA and the Regal multiplex cinema theater.
4. The applicant hung a series of banners on light poles located in the parking areas of the two sites. The
two -part banners are suspended from crossbars. There are two sets of these two -part banners on each
pole that they decorate. They contain copy that reads "Parkway" on one part and "SuperCenter" on the
second part.
5. The fact that these banners contains a text component makes them signs under Tukwila Code. These
signs are considered "freestanding signs" since they are attached to light poles and not buildings. (TMC
19.32.140(D))
6. These banners were not originally permitted nor was any permit issued for them.
7. An enforcement action by the City requesting the removal of the banners precipitated the application
for a variance. It appears that the applicant installed the banners without any permit and that the
applicant has exceeded the permitted number of freestanding signs for their complex or complexes.
8. The City estimates that there are approximately thirty (30) pairs of banners.
SuperCenter Sign Code Variance
April 16, 2001
Page 5
9. The banners are located near the top of the light poles.
10. The area in which the complexes are located is open and topographically level. They are located along
major arterial streets.
W11. The Comprehensive Plan designation and Zoning designation are both the same: Tukwila Urban Center
(TUC). 6
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12. There is a mix of commercial and retail businesses around both of the applicant's two sites. South of N ca LIJ
southerly complex are some heavy industrial uses and industrial uses. U
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13. The applicant maintains that the size of their, long, linear frontage and the needs of patrons to find the w O
center necessitated the variances.
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14. TMC 19.32.140(D) permits one freestanding sign for each site and one additional sign may be allowed N
if: H =
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a. The site contains 400 linear feet of frontage Z O
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b. Two (2) detached commercially occupied buildings, and v p
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c. Two (2) tenants.
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15. The applicant is permitted two (2) freestanding signs. The applicant has two freestanding pylon signs o.
that identify certain individual businesses but not the entire "Parkway SuperCenter" complex. . z
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CONCLUSIONS: z
1. Sign Variance review shall be a Type 3 permit pursuant to 18.104.010 and may be granted when the
property generally satisfies all the conditions described in part below (Section 19.12.060):
1. That the variance as approved shall not constitute a grant of special privilege which is
inconsistent with the intent of this sign code, nor which contravenes the limitation [on] uses of
property specified by the zoning classification in which this property is located.
2. That the variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property to provide it with use rights and
privileges permitted to other properties in the vicinity and in the zone in which the subject
property is located.
3. That the granting of the variance will not be materially detrimental to the public welfare or
injurious to property or improvements in the vicinity and in the zone in which the subject
property is located.
4. That the special conditions and circumstances prompting the variance request do not result
from the actions of the applicant.
•
•
SuperCenter Sign Code Variance
April 16, 2001
Page 6
5. That the variance as granted represents the least amount of deviation from prescribed
regulations necessary to accomplish the purpose for which the variance is sought and which is
consistent with the stated intent of this code.
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6. That granting of the variance shall result in greater convenience to the public in identifying the =
business location for which a sign code variance is sought. i' w
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7. That the granting of the variance will not constitute a public nuisance or adversely affect the v U
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public safety. p
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8. The proposed variance shall not interfere with the location and identification of adjacent N w
business buildings or activities. (Ord. 1913) w O
Again, for a variance to be approved an applicant must satisfy ALL of these individual criteria.
Satisfaction of one or more but not all of the criteria means the variance is not justified. The variance cri
is not justified in the current circumstances.
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2. The Code specifically limits the number of freestanding signs to one (1) such sign and provides its own z 0
exception permitting a second sign if certain criteria are satisfied. The applicant was able to take w w
advantage of this exception and was permitted to erect two freestanding signs on its northerly property. D o
Approving the banners would permit more than two signs and would extend a special privilege to the U N
applicant. p I-.
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3. The site is large and flat. There is nothing unusual about that. While the site is relatively long, the H
code provides its own exception for longer sites. If the City wanted further such exceptions they could
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have provided another breakpoint or breakpoints for a third, fourth or fifth sign. Most of the buildings w 0
in the center are visible from the adjacent roadway. Prominent businesses and their individual signs in 1 =
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the complexes are also generally visible and can provide a visual landmark for drivers. The subject z
site has no unusual or unique special circumstances that limit the use of the site. The applicant's
argument merely indicates that they consider their long, L- shaped parcel as unique.
4. The approval of the variance might not create any physical harm but will injure the harmony achieved
by limiting the proliferation of signs. The City has created a program to phase out non - conforming
signs. Permitting signs in excess of the numbers permitted by code would disrupt that program. In
addition, the clutter and distraction of such signs could lead to drivers being distracted trying to read
the high banners.
5. As indicated above, there are no special circumstances that the proposed signs overcome. The
applicant choose its freestanding signs' designs and locations. They also located the buildings. The
type of signs proposed do not overcome any locational issues.
6. The request does not appear to be the minimum necessary to overcome any hardship. It, frankly, is
impossible to say that 30 signs is the right number of decorated poles with freestanding signs and that
10 would be too few and 50 would be too many. The applicant could create eye- catching signs or logos
on its existing freestanding signs.
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SuperCenter Sign Code Variance
April 16, 2001
Page 7
7. The additional signs might help identify the applicant's business location but the same can be said for
any business. Again, the applicant can alter its existing freestanding signs to attract more attention or
rework the facades of its buildings to similar purpose.
8. Approving the variance would diminish the effectiveness of the Sign Code. It would allow additional
clutter in and around shopping malls along Southcenter Parkway. Proliferation of signs could
adversely affect public safety if passing cars slow down to read the copy found on the signs.
9. The banners do not appear to interfere with the location or identification of any other businesses.
10. In conclusion, the variance is unwarranted.
DECISION:
The Variance from the provisions of the Sign Code is denied.
ORDERED THIS 19th day of April, 2001.
FRED J. KA
HEARING EXAMINER
TRANSMITTED THIS 19th day of April, 2001to the parties of record:
Art Pederson
Madrona Planning & Development
5604 20th Avenue NW
Seattle, WA 98107
Minnie Dahlewahl
6200 Southcenter Blvd
Tukwila, WA 98188
Jo Ann Bertram
Trammell Crow Company
17574 Southcenter Parkway
Tukwila, WA 98188
Dave Moore
MBK Northwest
4949 SW Meadows Rd.
Lake Oswego, OR 97035
TRANSMITTED THIS 19th day of April, 2001 to the following:
Steven M. Mullet, Mayor
John McFarland, City Administrator
Jane Cantu, City Clerk
Reconsideration must be filed in writing on or before 5:00 p.m., May 10, 2001. Any aggrieved person feeling
that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in
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SuperCenter Sign Code Variance
April 16, 2001
Page 8
judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may
make a written request for a review by the Examiner within twenty-one (21) days from the date of the
Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such
appellant, and the Examiner may, after review of the record, take further action as he deems proper.
The appeal provisions of the Tukwila Municipal Court are unclear on the time for filing an appeal. The appeal
shall be filed with King County Superior Court within 21 days of this decision.
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Ciiy of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
STAFF REPORT TO HEARING EXAMINER
PREPARED MARCH 13, 2001
HEARING DATE: March 20, 2001
NOTIFICATION: On February 20, 2001 staff mailed the Notice of Application
to surrounding properties. Notice of Hearing was posted
and mailed to surrounding properties on March 6, 2001.
FILE NUMBER: L2000 -079 Sign Code Variance
APPLICANT: Jo Ann Bertram of the Trammell Crow Company for Parkway
Super Center
OWNER: MBK Northwest, 4949 SW Meadows Road, Lake Oswego,
Oregon, 97035
REQUESTS: Approval of a variance from the number and location
requirements of the Tukwila Sign Code (TMC 19.32.140 A)
for 30 sign banners installed without permits on the Tight
poles of the Parkway Super Center parking lot. The
applicant requests that they be allowed to retain the 30
banner signs that read "Parkway Super Center'.
ASSOCIATED PERMITS: If the variance is approved, sign permits will be needed.
LOCATION:
Parkway Super Center's two parking Tots, one located along
Southcenter Parkway north of S 180th Street and the other
south of the intersection of Southcenter Parkway and S
180th Street both in Tukwila, WA
COMPREHENSIVE PLAN
DESIGNATION: Tukwila Urban Center (TUC)
ZONE DESIGNATION: Tukwila Urban Center (TUC)
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
Staff Report to the
Hearing Examiner
L2000 -079
Parkway Super Center
STAFF: Art Pederson, Contract City Planner, 206.297.2106
EXHIBITS:
A. Correction Notice August 11, 2000
B. Photographs of Sign Banners
1) View of banners from Parkway Super Center
parking lot mid -way between Southcenter
Parkway and tenant buildings
2) View of banners from the sidewalk along
Southcenter Parkway
Site Plan of Parkway Super Center showing location
of banners
D. Photographs of free - standing signs
E. Applicant responses to sign variance criteria,
September 20, 2000
F. Applicant responses to sign variance criteria,
March 13, 2001
FINDINGS
Vicinity /Site Information
Existing Development
Parkway Super Center is a regional shopping center at the intersection of
Southcenter Parkway, Frager Road and S 180th Street. The majority of the
center's buildings and property are north of S 180th Street; three (3) tenants in
two (2) separate buildings are located south of S 180th Street.
Surrounding Land Uses
The surrounding land uses of the both sections of the center are a mix of
commercial and retail businesses. To the south of the south portion of the
center are some heavy industrial and industrial uses.
BACKGROUND
A Correction Notice, RFA00 -219 (Exhibit A), was issued to Parkway Super
Center on August 11, 2000 for illegal banners on the Tight poles in the Parkway
Super Center parking lots. There are approximately thirty (30) sets of banners.
Each Tight pole banner is comprised of four rectangular shaped parts. On each
1
Staff Report to the L2000 -079
Hearing Examiner Parkway Super Center
side of the pole there are two parts, one of which has either the words "Parkway"
or "Super Center" with each pole having both text banners to create the entire
name "Parkway Super Center" (Exhibit B).
The banners, because they contain text identifying the name of the shopping
center, are considered signs. Because these signs are not attached to a a
building they are considered freestanding signs. As freestanding signs they 1- W
exceed the number limitation on freestanding signs for a site or location. (TMC re 2w
19.32.140.D) -I o
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THE SIGN CODE N I.
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The Tukwila Sign Code, Title 19 of the TMC, controls the number, size and 2
location of all commercial signage in the city. TMC 19.32.140.D allows one u_
freestanding sign for each site. One additional freestanding sign may be = a
permitted for sites that have at least: F-- _
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1) 400' linear feet of frontage, z o
2) Two (2) detached commercially occupied buildings and ? o
3) Two (2) tenants. o N
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Parkway Super Center, as a shopping center business, is considered a site. _ w
Within the Parkway Super Center site are numerous individually leased i—.
buildings with separate tenants. The sign code allows individual businesses to z
each have one or two wall signs (depending on certain criteria), and if they ki 0
occupy their own site, a free standing sign(s). Parkway Super Center as a o i
business and a site currently has two freestanding pylon signs, both along the z
street frontage with Southcenter Parkway north of S 180th Street. (Exhibit D)
The individual business tenants, because they are on one site, share the two
pylon freestanding signs that are allowed and permitted.
VARIANCE CRITERIA
The proposed project must conform to the criteria for sign variances detailed in
Tukwila Municipal Code (TMC) 19.12.060. The applicant's responses to these
criteria are Exhibit E. The applicant submitted a second set of responses on
March 13, 2001. (Exhibit F)
(1) The variance as approved shall not constitute a grant of special privilege which is
inconsistent with the intent of this sign code, nor which contravenes the limitation (sic) uses of
property specified by the zoning classification in which this property is located.
The Tukwila Sign Code, Title 19 of the Tukwila Municipal Code, controls the
number, size and location of all signage in the city. The provisions of Title 19
Staff Report to the L2000 -079
Hearing Examiner Parkway Super Center
pertaining to signage in commercial zones apply to all businesses in those
zones, such as the Tukwila Urban Center (TUC).
For freestanding signs, TMC 19.32.140.D allows one freestanding sign for each
site. One additional freestanding sign may be permitted for sites that have z
atleast:
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1) 400' linear feet of frontage, 6
2) Two (2) detached commercially occupied buildings and v o
3) Two (2) tenants. (0 w
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Because of the ability to meet criteria 1 through 3 of TMC 19.32.140D above,
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Parkway Super Center was permitted two freestanding signs for the northern
section of their shopping center (Tukwila Sign Permits S98 -90 and S98 -91, g a
issued in 1998). N
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The two permitted freestanding signs have the maximum square footage allowed z
per sign face per side. Each side is 100 square feet, for a total of 200 square z o
feet per each freestanding sign, or 400 total square feet of sign face for the two
signs. Each sign face side is divided into eight "blades" advertising individual
tenants. The blade size and allocation of blades among tenants was made by o
the Parkway Super Center management. w w
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(2) That the variance is necessary because of special circumstances relating to size, shape, iii z
topography, location or surrounding of the subject property to provide it with use rights and
privileges permitted to other properties in the vicinity and in the zone in which the subject o
property is located. Z
Exhibit C is a site plan of the Parkway Super Center parking lot and structures.
The northern portion of the center faces west and south across Southcenter
Parkway and S 180th Street respectively, a major street intersection in the
Tukwila Urban Center commercial area. This portion is roughly rectangular with
the long axis of the rectangle extending north to south along Southcenter
Parkway and the short end of the rectangle running east to west along S 180th
Street creating over 2,000 lineal feet of frontage on these streets. There are no
topographic or physical obstructions to its visibility from either of these streets.
The southern portion faces west and north across Frager Road (the continuation
of Southcenter Parkway) and S 180th Street respectively. This portion is
rectangular in shape, although square, and has approximately 500 lineal feet of
street frontage. It does not have any topographic or physical obstruction to its
visibility from either street on which it fronts. Both portions of the center are
sites that have virtually no elevation change.
The surrounding properties, in fact the entire Tukwila Urban Center (TUC), have
the same physical and topological make -up as that found at Parkway Super
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Staff Report to the L2000 -079
Hearing Examiner Parkway Super Center
Center. The area streets are almost all four lane main arterials. Properties are
large with long street frontages. All businesses in the TUC are subject to the
same sign regulations as Parkway Super Center, with the exception of
Southcenter Mali, where signs for individual businesses /tenants within the mall
are limited to wall mounted signs.
(3) That the granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and in the zone in which the subject is
situated.
The purpose of the Tukwila Sign Code is to protect the public welfare by
establishing "standards and guidelines for design, erection and installation of
signs and other visual communication devices so that the streets of Tukwila may
appear orderly and safety may be increased by minimizing clutter and
distraction ". (TMC 19.04.101, Purposes) In 1998 the Tukwila Sign Code set new
sign requirements that reflected this objective. To assure that these new sign
regulations are understood and enforced citywide, a sign amortization program
to bring all nonconforming signs into conformance by December 31, 2001 was
enacted and extensive outreach through mailings and newsletters was
conducted. Parkway Super Center installed 30 sign banners without permits
and is now asking to be exempted from the sign code requirements that apply to
all business including those in the Tukwila Urban Center.
(4) That the special conditions and circumstances prompting the variance request do not result
from the actions of the applicant.
The applicant has not provided facts that demonstrate any special condition or
circumstance that would prompt this request for a variance. MBK Northwest was
involved in extensive consultation with city staff during the design review for the
original construction of the center and the permitting for the existing freestanding
signs. In addition each tenant has undergone sign review and permitting for
their wall signs and, for businesses identified on the freestanding signs, their
individual "blades" in the freestanding signs. Parkway Super Center installed the
30 sign banners without applying for the required sign permits and consequently
did not under go the review and consultation that would have identified the
problem with the banners before they were manufactured and installed.
(5) The variance, as granted, represents the least amount of deviation from prescribed
regulations necessary to accomplish the purpose for which the variance is sought and which is
consistent with the stated intent of this code.
The Tukwila Sign Code 19.32.140 sets uniform limits on the number, size and
location of signs for all businesses in commercial zones, such as the TUC, with
the exception of Southcenter Mall. Freestanding signs are allowed pursuant to
Staff Report to the L2000 -079
Hearing Examiner Parkway Super Center
19.32.140.D in the section "The Sign Code" and "Criteria 1" above. The Sign
Code makes provisions to allow for larger sign face square footage and an
additional free - standing sign for business and sites that are located on parcels
with substantial street frontage and have more than one tenant.
Parkway Super Center has over 400 feet of street frontage and has availed itself = �:
of the provisions for an additional free - standing sign and an increase in the z
square foot size for each of its two free - standing signs to the maximum of 100
square feet per side (200 square feet total per sign). In designing a free o
standing sign for a multi- tenant center such as this, a property owner is not u
regulated regarding what number of its tenants or which tenants can have space
on the free - standing sign. MBK Northwest, in designing their freestanding signs, cn
choose not to include the name Parkway Super Center on these signs. 0
MBK Northwest installed 30 sign banners throughout the two parking Tots of the
Parkway Super Center. Each sign banner is made up of four separate parts with = a
two on either side of the light pole. The sign portion of the entire banner (two Z
parts) is approximately 30 square feet. The text (Parkway on one side of the o
pole, Super Center on the other) is contained on one banner part of 0 w
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approximately 7.5 square feet.
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In the letter from Ms Bertram notifying the city of MBK Northwest's intent to apply o
for a sign variance (September 29, 2000, Exhibit E) Ms Bertram wrote that = 0
because most retailers MBK Northwest has brought to the center are based out o
of town (Old Navy, Best Buy, Claim Jumper, for example) "the Tight pole banners z
have served effectively as real estate signs to guide them to the property." The Cu
Tukwila Sign Code makes provisions for real estate signs. (TMC 19.12.050.4) o 1
Real Estate signs are defined as " a sign displayed for a limited time and offering z
the immediate premises for sale, rent or lease." MBK Northwest is proposing to
exceed the requirements for temporary real estate signs by installing 30
permanent sign banners regardless of whether there are currently tenant spaces
for lease in addition to the maximum 400 square feet of sign face on two
freestanding signs.
Finally, in January of this year staff and Jo Ann Bertram had various discussions
about ways to resolve this issue without the process of the sign variance.
Options for bringing the banners into conformance were discussed. These
options were: to determine if the lettering could be removed from the banners
containing lettering and then replacing the banner, removing the problem banner
and replacing it with one without text or simply remove the banners completely.
Two of these options were ways to retain the banner "concept" while removing
the word that put them in the category of a sign. Both of these would be a
solution that would require the least amount of deviation from the prescribed
regulations. However, these solutions were rejected by MBK Northwest co-
Staff Report to the L2000 -079
Hearing Examiner Parkway Super Center
owner, Dave Moore, in a February 6, 2001 phone conversation about this matter
between city staff, Jo Ann Bertram and Mr. Moore.
(6) The granting of the variance shall result in greater convenience to the public in identifying
the business location for which a sign code variance is sought.
As stated in Criteria 5 above, the Tight pole banner sections with text are each
approximately 7.5 square feet in size. The text does not cover the entire 7.5
square feet, so the text area is actually smaller. Only 4 of the 30 banners are
within fifty (50) feet of the street edge, the remainder are approximately 100 feet
or more from the street. The small size of the text area and the great distance of
the banners from the street do not allow these banners to function as signage to
aid the public in identifying the business location. In fact, in driving by at 30
miles per hour (the speed limit on Southcenter Parkway and S 180th Street) the
sign banners are only small splashes of color on light poles, if they are noticed
at all.
(7)The granting of the variance will not constitute a public nuisance or adversely affect the
public safety.
The Purposes section of the Sign Code states that as its first purpose the
establishment of "standards and guidelines for the design, erection and
installation of signs and other visual communication devices so that the streets
of Tukwila may appear orderly and safety may be increased by minimizing clutter
and distraction." One method used to achieving "orderly" streets and
"minimizing clutter" is the restriction on the number of signs a business may
have, particularly the number of banners and freestanding signs.
8) (Final Criteria) (19.12.060 B) The proposed variance shall not interfere with the location and
identification of adjacent business buildings or activities.
The sign banners are mounted on the light poles that are entirely within the
parking lot and not along the perimeter of Parkway Super Center.
CONCLUSIONS
Based on a review of the findings staff makes the following conclusions:
(1) The variance shall not constitute a grant of special privilege inconsistent with the intent of
this sign code...
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Staff Report to the L2000 -079
Hearing Examiner Parkway Super Center
A variance for an additional thirty (30) freestanding signs above the maximum
number of two (2) allowed and permitted to the applicant would be a grant of
special privilege inconsistent with the intent of the sign code. The provisions of
the Tukwila Sign Code apply equally to all businesses in commercial zones,
such as this location in the Tukwila Urban Center. The code makes provisions
for larger sized sites by allowing an increased number and sizes of signage in
certain circumstances, again applicable to all commercial users in the TMC.
MBK Northwest / Parkway Super Center has utilized these provisions and has
the maximum number and allowed size of freestanding signs (two (2), 200
square foot signs.) In designing these freestanding signs, MBK Northwest
choose not to identify Parkway Super Center on these signs. Granting a
variance for that choice is a grant of special privilege not available to the other
businesses in Tukwila, all of who are subject to the requirements of the Tukwila
Sign Code.
(2) The variance is necessary because of special circumstances relating to...
There are no special circumstances relating to the size, shape, topography,
location or surroundings of the subject property that would deny its use rights
and privileges permitted to other properties in the vicinity. The Parkway Super
Center site stretches from north to south along Southcenter Parkway and wraps
around the northeast and southeast corners of the intersection of Southcenter
Parkway and S 180th Street providing it a very long street frontage and excellent
visibility from both of these main arterials. Surrounding businesses are similarly
located on virtually flat sites with clear lines of site to the surrounding streets and
across parking areas and are able to have signage that advertises there
presence while conforming to the requirements of the sign code. If the applicant
needs to advertise that this center is Parkway Super Center they have the option
of including their name on their two existing freestanding signs.
(3) The granting of such variance will not be materially detrimental to the public welfare...
TMC 19.04.020 "Purposes" paragraph 1 states that the purposes of this code
are "To establish standards and guidelines ...so that the streets of Tukwila may
appear orderly and safety may be increased by minimizing clutter and
distraction." Both the Tukwila Planning Commission and City Council have given
clear policy direction in creating the requirements of the sign code. They have
also invested considerable effort to bring all existing signs into compliance with
these requirements. Granting a variance from the number limitation of the sign
code in this case is a clear detriment to this purpose.
(4) That the special conditions and circumstances prompting the variance request do not result
from the actions of the applicant.
Staff Report to the L2000 -079
Hearing Examiner Parkway Super Center
The circumstances prompting the variance request are the unfortunate result of
poor sign design on the part of the applicant, the marketing staff, their architects
and sign designer / contractors. If the identification of the center were important,
placement of the center name on the freestanding signs designed and applied
for by the applicant would have occurred.
MBK Northwest was the developer of Parkway Super Center and as such was
involved in extensive consultation with city staff during the design review for the
original construction of the center and the permitting for the existing free-
standing signs. MBK Northwest did not "inherit" these sign as part of the
purchase of this property but had these signs designed when developing the
shopping center. In spite of that experience and exposure to the sign code and
the sign code application and permitting requirements, MBK Northwest /
Parkway Super Center installed the 30 sign banners without applying for the
required sign permits. Consequently the applicant did not under go the review
and consultation that would have identified the problem with the banners before
they were manufactured and installed.
(5) The variance, as granted, represents the least amount of deviation from prescribed
regulations necessary to accomplish the purpose for which the variance is sought and which is
consistent with the stated intent of this code.
This variance request is for 30 freestanding signs, a very large deviation from
the maximum number of two freestanding signs allowed in the Sign Code and
permitted to the applicant. The applicant has stated that the banners are
necessary because for many "star" businesses MBK has attracted to the center
"the Tight pole banners have served effectively as real estate signs to guide them
to the property." A solution to this stated need for identification signage for
Parkway Super Center that would not require any deviation from prescribed
regulations is to include the center name on each of the two 200 square foot
free- standing already in place. Similarly, a solution to keeping the banners as
"identifying colors" of Parkway Super Center that would not require any deviation
from prescribed regulations is to replace the text banners with ones without
words.
(6) The granting of the variance shall result in greater convenience to the public in identifying
the business location for which a sign code variance is sought.
The sign banners do not result in greater convenience to the public in identifying
the location of Parkway Super Center. The light pole banner sections with text
are each smaller than approximately 7.5 square feet in size. The majority of the
banners (26) are set back approximately 100 feet or more from the street
corridor and mounted above eye level. The small size of the text area combined
Staff Report to the L2000 -079
Hearing Examiner Parkway Super Center
with the great distance from the street do not allow these banners to function as
signage to aid the public in identifying the business location. If greater
convenience to the public in identifying the location of Parkway Super Center is
sought, placement of the shopping center name along the top of each side of the
two free - standing signs along Southcenter Parkway (but within the 100 square
foot allowed sign area) would be more effective and not require a variance from
the Sign Code.
(7)The granting of the variance will not constitute a public nuisance or adversely affect the
public safety.
The Tukwila Sign Code was created to protect the public safety and avoid public
nuisance by "minimizing clutter and distraction" visible from the public right of
way. The substantial efforts of the City of Tukwila and its citizens in developing
the current sign regulations and the creation of a Sign Amortization Program to
assure all businesses equally comply with the regulations requires that MBK
Northwest / Parkway Super Center complies as well. This variance is being
requested after the fact of installation done without permits. To allow the sign
banners to remain will have an adverse affect of the efforts of the city to bring all
signage into compliance with its Sign Code.
(Final Criteria) (TMC 19.12.060 B) The proposed variance shall not interfere with the location and
identification of adjacent business buildings or activities.
There would be no interference.
RECOMMENDATIONS
Based on the discussion of the criteria above, City of Tukwila staff finds that the
applicant meets only the last criteria, "Final Criteria ". The sign banners do not interfere
with the location and identification of adjacent business buildings or activities.
Therefore staff recommends the following:
1. Denial of the variance to retain the 30 sign banners that are in
violation of the provisions of TMC Title 19.32.140 D.
2. Require the immediate removal of the sign banners (the banners
containing text) per the directions for corrective action in the
"Notice of Correction" RFA 00 -219 issued August 11, 2000.
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City of Tukwila
6200 Southcenter Boulevard a Tukwila, Washington 98188 Steven M. Mullet, Mayor
Date of Notice:
Name: .
Street:
City:
CORRECTION NOTICE
August 11, 2000
Owner/Manager
Parkway Supercenter
17300 Southcenter Py.
Tukwila, WA 98188r
Location of Violation: 17300 Southcenter Py.
Tukwila, WA 98188
Date of Inspection: July 14, 2000 (RFA 00 -219)
An inspection of the above revealed the following violation of the Tukwila Municipal Code:
DESCRIPTION OF VIOLATION:
Sign code violations to include 19.12.010 (Failure to Obtain Temporary Sign Permits) and
19.28.010 (Prohibited Signs and Devices). Illegal banners were observed on light poles in
Parkway Supercenter lots, as well as across the street at Claim Jumper site.
CORRECTIVE ACTION:
Remove all temporary signs, unless sign permits are obtained for signage displayed.
Contact Art Pederson in the Department of Community Development for information
regarding sign permits at 206 -431 -3684.
Our records (King County Assessor's records) identify you as the person responsible for this
property. As such, you must take the above described corrective action by August 25, 2000 or
a Notice of Civil Violation will be issued and you will be assessed monetary penalties of up to
5100 for each of the first five days that a violation exists and up to 5500 for each
subsequent day the violation continues, pursuant to the Tukwila Municipal Code Chapter 8.45
"Civil Violations, Enforcement and Abatement."
If you have any questions, please contact the Code Enforcement Office at 206- 431 -3682 during
my office hours of 8:30 -10:00 a.m. and 2:00 -3:30 p.m. Your cooperation will be greatly
appreciated.
Sincerely,
ason W. Jones
Code Enforcement Officer
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Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833
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September 29, 2000
Jason W. Jones
CITY OF TUKWILA
6200 Southcenter Boulevard
Tukwila, Washington 98188
Re: Parkway SuperCenter - Tukwila, Washington
Dear Mr. Jones,
As we have discussed previously over the phone, the owners of Parkway SuperCenter (MBK
Northwest) wish to obtain a sign code variance that will allow us to retain the banners
currently installed on the property's Tight poles.
In the process of constructing the newly redeveloped Parkway SuperCenter, MBK Northwest
has worked diligently to attract national credit retailers into Tukwila. Among the star
businesses that MBK Northwest has brought into the center are the following: Old Navy,
Best Buy, Claim Jumper, Babies R Us, Regal Cinemas, and many others.
Most of these retailers are based out of town, and the Tight pole banners have served
effectively as real estate signs to guide them to the property.
We have reviewed the criteria for granting variances in the Tukwila sign code (Section
19.12.060), and we have confirmed that:
❑ The Tight pole banners are not "inconsistent with the intent of this sign code."
❑ Allowing MBK Northwest to retain the banners will not "constitute a grant of special
privilege." Currently, Parkway SuperCenter enjoys substantially less signage under the
code than neighboring properties. In compliance with the City of Tukwila sign code,
MBK Northwest has constructed only two (2) pylon signs to cover the entire
commercial area that extends over 2260 linear feet.
❑ The variance is necessary because of "special circumstances relating to the size,
shape, topography, location..." Parkway SuperCenter is not only significantly larger in
size than its neighboring retail properties, but it also extends around the corner of
Southcenter Parkway and South 180th in an unusual "L" shape.
❑ The banners are not "materially detrimental to the public welfare or injurious..."
❑ The granting of this variance "will not constitute a public nuisance."
❑ The proposed variance "shall not interfere with the location and identification of
adjacent business buildings or activities."
FiCt4 Err
17574 Southcenter Parkway Tukwila, Washington 98188 Office (206)- 575 -8090 Fax (206)- 575 -4140
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Trammell Croy v Co nv
March 13, 2001
Act Pederson
MADRONA PLANNING & DEVELOPMENT
5604 20th Avenue NW
Seattle, Washington 98107
Re: Parkway SuperCenter - Tukwila, Washington
City of Tukwila Sign Code Variance Application
Dear Art,
N .101/04
Thank you for the opportunity to clarify MBK Northwest's position with respect to the
pending sign code variance application. As you know, MBK Northwest, as owner of
Parkway SuperCenter, is seeking approval from the City of Tukwila to keep the existing
Tight pole banners in place on the property.
Initially, we would like to express our apologies for any misunderstanding with the
installation of the light pole banners at Parkway SuperCenter. MBK Northwest,
Trammell Crow Company, the merchants at Parkway SuperCenter and its marketing
personnel intended no defiance or disrespect with the installation of the banners. None
of these parties were trying in any way to abuse the system in place. We were simply
not aware that the City of Tukwila would consider the banners to be signs subject to a
permit process.
We fully understand the reasons why the City of Tukwila sign code variance application
process is in place. There is simply no way for any city to anticipate every unique
situation at the time an ordinance is written. The Tukwila Sign Code was not intended
to include or account for every possible irregularity -- which is precisely why the sign
code variance appeal process exists.
MBK Northwest is sensitive to the fact that the City of Tukwila does not wish to risk
exposure by. setting unsound precedent. However, granting this variance will not result
in such exposure, because the same conditions that characterize Parkway SuperCenter
do not exist elsewhere in the city. Specifically, there is no other property within the city
limits similar to Parkway SuperCenter in size and configuration. its extraordinary street
frontage, unique "L" configuration, and two separate legal lots differentiate Parkway
SuperCenter from ail others.
MBK Northwest significantly enhanced Southcenter Parkway (and increased the draw to
the City of Tukwila) with the redevelopment of Parkway SuperCenter. Now a regional
"power center," Parkway SuperCenter is a popular destination for retail shoppers,
throughout the Puget Sound area. MBK Northwest requests a variance to retain the
existing. light pole banners which serve to clearly identify the entire project as one
integrated shopping center.
1
17574 Soothes* Parkway Tukwila, Washington 98188 OMica (206)- 575,8090 Fax (206)- 575 -4140
The variance application meets all of the criteria set forth in Section 19.12.060 of the
Tukwila Sign Code, as described below
1) The variance as approved shall not constitute a grant of special privilege
which is inconsistent with the intent of the sign code, nor which z
contravenes the limitation uses of property specified by the zoning
classification in which this property is located. 6
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MBK Northwest thoroughly respects the value and purpose of the sign code "to u ,,�
establish standards and guidelines for the design, erection and installation of signs and -1 '-
other visual communication devices so that the streets of Tukwila may appear orderly o
and safety may be increased by minimizing clutter and distraction."
The Tight pole banners in place at Parkway SuperCenter do not in any way compromise
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the sensible nature or intent of the code. The banners help direct motorists to the = w
property, and identify the entire project as one integrated shopping center. There is no z
clutter associated with the banners, nor is there any negative visual impact. The light z o
pole banners are tasteful, simplistic in design, anchored at the top and bottom for w w
security and tidiness. Not flashy or "loud" in design, these banners do not present a
distraction in any way. o c_n
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2) The variance is necessary because of special circumstances relating to = 0
size, shape, topography, location or surroundings of the subject property o
to provide it with use rights and privileges permitted to other properties in Cu z
the vicinity and in the zone in which the subject property is located.
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Parkway SuperCenter is unique in both its size and configuration within the market. At z
28 acres, Parkway SuperCenter represents the second largest retail development site in
the City of Tukwila, second only to the Southcenter Mall at 38 acres. The center has an
extraordinary long and narrow shape; it stretches more than 2200 linear feet along
Southcenter Parkway. Additionally, the property extends around the corner to continue
along South 180th Street. No other property within the city limits contains these same
characteristics.
The Tukwila Sign Code was written to include special allowances for properties that
exceed 400 linear feet of street frontage. Parkway SuperCenter extends for nearly six
times that length! This fact alone suggests that the code was not written to include the
exceptional characteristics of Parkway SuperCenter.
Parkway SuperCenter also includes an unusually large number of substantial retail
tenants for "strip" center: Best Buy, Gart Sports, Comp USA, Old Navy, Babies R Us,
Ross Stores, Cost Plus, Michaels, Krause's Custom Crafted Furniture, The Bon Marche
Furniture Gallery, Bassett Furniture, Thomasville Furniture, Claim Jumper and Regal
Cinemas. These businesses collectively create the "power" of the center that is known
as Parkway SuperCenter. The banners communicate that identity and association, and
eliminate any perception of a disjointed district.
3) The granting of the variance will not be materially detrimental to the public
welfare or injurious to property or improvements in the vicinity and in the
zone in which the subject property is located.
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There is no harm, injury or interference that will result from retaining the light pole 1 z
banners at Parkway SuperCenter. There is no impact on adjacent businesses. The w ul
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banners do not block the view of other properties or buildings, and they do not interfere J D
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4) The special conditions and circumstances prompting the variance request -1 I-
do not result from the actions of the applicant. In w o
The unique characteristics of Parkway SuperCenter that warrant the granting of this g 73
variance - including the size, length and configuration of the property - are not the u) D
result of actions by MBK Northwest, applicant.
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5) The variance, as granted, represents the least amount of deviation from z o
prescribed regulations necessary to accomplish the purpose for which the w w
variance is sought and which is consistent with the stated intent of this n o.
code. o -
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The Tukwila Sign Code was written to include special allowances for properties that 0
exceed 400 linear feet of street frontage. Parkway SuperCenter extends for nearly six u. o.
times that length! With these figures in mind, the Tight pole banners represent a z
reasonable deviation from prescribed regulations.
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6) Granting of the variance shall result in greater convenience to the public in z
identifying the business location for which a sign code variance is sought.
The Tight pole banners in place at Parkway SuperCenter serve to eliminate motorists'
doubts regarding the identity of the property. There is no need for drivers to slow their
vehicles or shift their attention away from the road, in order to figure out if they are in the
right place. Drivers can rapidly determine the project's identity and safely maneuver
themselves to their destination.
7) The granting of the variance will not constitute a public nuisance or
adversely effect the public safety.
There is no cause for alarm about adverse effects on public safety or the creation of a
public nuisance. The granting of this variance to allow MBK Northwest to keep the light
pole banners in place will actually help promote public safety. As noted above, there is
no need for drivers to slow their vehicles or shift their attention away from the road, in
order to determine the location of Parkway SuperCenter.
MBK Northwest looks forward to discussing this issue with you during the hearing
scheduled for 1:30 p.m. on Tuesday, March 20th. Thank you.
merely,
Jo Ann Bertram
Property Manager
Via Facsimile (206) 297 -2301 and electronic mail
cc: MBK Northwest
4
*OK TOTAL PAGE.04
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City of Tukwila
Department of Community Development
NOTICE OF PUBLIC HEARING
DATED MARCH 6, 2001
Steven M. Mullet, Mayor
Steve Lancaster, Director
RECEJ QED
MAR 2 7 2001
DE ELOPMENT
A public hearing will be held on March 20, 2001 before the City Hearing Examiner to seek
a variance to the requirements of the Tukwila Sign Code Title 19.
APPLICANT: Jo Ann Bertram, Trammell Crow Company, Property Managers for
Parkway Super Center
OWNER: MBK Northwest, 4949 SW Meadows Road, Suite 675, Lake
Oswego, Oregon, 97035
LOCATION : 17300 Southcenter Parkway, Tukwila, WA
REQUEST:
Applicant requests a variance from the requirements of the Tukwila
Sign Code, Section 19.32.140, regulating the maximum number of
free standing per man-ent signs Mowed on .each -site. Applicant
wishes to retain approximately 30 light pole sign banners installed
in the Parkway Super Center parking lots both north and south of
S 180`h Street.
This file can be reviewed at the Department of Community Development, 6300
Southcenter Boulevard, #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that
the file will be available.
OPPORTUNITY FOR PUBLIC COMMENT
You can submit comments on this matter. You must submit your comments in writing to
the Department of Community Development by 5:00 p.m. on Monday March 12, 2001.
The public hearing will be held 1:30 p.m. Tuesday March 20, 2001 at the City Council
Chambers, Renton City Hall 1055 Grady Way, Renton, WA. If you are interested in
attending the hearing, please contact the Department at (206) 431 -3670 to ensure the
hearing is still scheduled for this date. If you cannot submit comments in writing by the
cut -off date indicated above; you°may stilI.appear :•at the hearing and give your
comments on the issue before the Hearing Examiner. If you have questions about this
issue contact Art Pederson, Contract Planner in charge of this file at (206) 297 -2106.
Anyone who submits written comments will become parties of record and will be notified
of any decision on this project.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665
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State of Washington
County of King
City of Tukwila
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukpianaci.tukwila.wa.us
AFFIDAVIT OF INSTALLATION AND POSTING
OF PUBLIC INFORMATION SIGN(S)
I 4) i 1 Da- I 4'YL (PRINT NAME) understand that Section 18.104.110 of the Tukwila
Municipal Code requires me to post the property no later than fourteen (14) days following the issuance of the
Notice of Completeness.
I certify that on 2-I 2.(e ID the Public Notice Board(s) in accordance wt Section 8 10, 10 and the
other applicable guidelines were posted on the property located at ri L _A ra., 4 „1.4 J !AK' ,o as to
Ite clearly seen fr ,pm each right -of -way primary vehicular access to the prope for a.plication file number
I herewith authorize the City of Tukwila or its representative to remove arid. immediately dispose of the sign at the
property owner's expense, if not removed in a timely manner or within foAvi, an (14) days of a Notice letter.
III I. 1.66.1
• pplicant or Project Managers Signature
On this day personally appeared before me �T ,4v) '1 .cf — ►'Y1 to me known to be the
individual who executed the foregoing instrument and . acknowledged that he /she signed the same as his/her
voluntary act and deed for the uses and purposes mentioned therein.
SUBSCRIBED AND SWORN to before me this 2 rich day of F,=_hrt:1c rsi , zoo)
K l im bey- tl , ,�� rig lv
NOTARY PUBLIC in and for the State of Washington
residing at -174,k)1.1 )I IG&- � I,) 6 h I t'?G(f r i
My commission expires on 2/2.3 02.
•
RECEIVED
MAR 0 1 2001
COMMUNITY
DEVELOPMENT
•;®r,', • "T;e:�?rm.,rer:�rans....r.� -.�
City of Tukwila
0
HAf? 302001
COry
C3.EV 1 ,.7; pA, ` N' . Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
NOTICE OF APPLICATION
DATED FEBRUARY 21, 2001
The following applications have been submitted to the City of Tukwila Department of Community
Development for review and decision.
FILE NUMBER: L2000 -079 (Sign Code Variance)
APPLICANT: Parkway Super Center
LOCATION: 17300 Southcenter Parkway, Tukwila, WA
PROPOSAL: To retain light pole sign banners installed without permits and in
excess of the allowed number of signs for a business (TMC 19.12
and 19.32).
OTHER REQUIRED:
PERMITS:
If variance granted, a City of Tukwila Sign Permit
This file is available for review at the Department of Community Development, 6300 Southcenter
Blvd., #100, Tukwila, WA. Please call (206) 431 -3670 to ensure that the file will be available.
OPPORTUNITY FOR PUBLIC COMMENT
You can submit comments on this application. You must submit your comments in writing to
the Department of Community Development by 5:00 p.m. on March 7, 2001.- This matter is
also scheduled for a public hearing on March 20, 2001 before a Hearing Examiner. If you are
interested in attending the hearing, please contact the Department at (206) 431 -3670 to ensure that
the hearing is still scheduled for this date.
If you cannot submit comments in writing by the cutoff date indicated above, you may still appear
at the hearing and give your comments on the proposal before the Hearing Examiner. If you have
questions about this proposal contact Art Pederson, the Contract Planner in charge of this file.
Anyone who submits written comments will become parties of record and will be notified of any
decision on this project.
APPEALS
You may request a copy of any decision or obtain information on your appeal rights by contacting
the Department at 431 -3670. A decision from the Hearing Examiner may be appealed to Superior
Court. The Department will provide you with information on appeals if you are interested.
DATE OF APPLICATION:
NOTICE OF COMPLETE APPLICATION:
NOTICE OF APPLICATION POSTED:
January 2, 2001
November 22, 2000
February 23, 2001
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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