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HomeMy WebLinkAboutPermit L07-029 - KOHL'S - SPECIAL PERMISSION SIGNKOHL'S 17200 SOUTHCENTER PY L07 -029 Comprehensive Plan Designation/Zoning District: TUC Vicinity /Site Information Decisional Criteria 0 City of Tukwila TO: Christopher Everist Berry Neon Sign Systems 7400 Hardeson Road Everett, WA 98203 L PROJECT INFORMATION NOTICE OF DECISION Department of Community Development Steve Lancaster, Director May 18, 2007 This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. Project File Number: L07 -029 Applicant: Christopher Everist Type of Permit Applied for: Permanent Sign Permit Project Description: Request for a Special Permission Sign to increase the allowable sign area from 150 SF to 193 SF. Location: 17200 Southcenter Parkway The proposed sign will be located on the western face of the wall of the building located at 17200 Southcenter Parkway. The zoning into which this building falls is TUC, and the surrounding land uses are commercial. The area of the exposed building face (EBF) is 8284 square feet. The setback of the building from the street is approximately 900 feet. The required front setback in the TUC is 15 feet. Upon approval as a Type 2 decision, according to TMC 19.32.140 (A), sign area may be increased 50% for each doubling of the required minimum setback up to a maximum of 500 SF or 6% of the total EBF, whichever is less (TMC 19.32.150) Per table 1 of TMC 19.32.140, the standard allowed sign area would normally be 150 SF for an EBF of 8284 SF. Since the building setback is approximately 900 feet (60 times the minimum setback required within the TUC zone), this application qualifies for review as a Type 2 decision. Six percent of the EBF for this building is 497 SF. The proposed sign area is 193 SF. Steven M. Mullet, Mayor A2n/) Cnnthr•ontor Rnnlov2rr1 Cnito Ain!) • Tir4uii12 )d/W chin atnn OR1RR • Phnno• 9nl,_r121_2A7/) • r. v• 91)A_i121.2RRS • • Conclusions 1. The building setback is a sufficient distance to allow an increase in the area of the wall sign. 2. The proposed sign area is takes up 2.3% of the total area of the EBF, which is within the 6% maximum threshold of wall sign area to EBF area as required by TMC 19.32.150. II. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The Community Development Director has determined that the application for a permanent sign permit does comply with applicable City and state code requirements and has approved that application, subject to any conditions which are set forth m the Decision based on the findings and conclusions contained in the staff report. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the Planning Commission of the Decision on the Permit itself is permitted. If an MDNS was issued, any person wishing to challenge either the conditions which were imposed by the MDNS decision or the failure of the Department to impose additional conditions in the MDNS must raise such issues as part of the appeal to the Planning Commission. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Planning Commission decision. 1. The name of the appealing party. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, which is by June 1, 2007. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 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, including any specific challenge to an MDNS. • • 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Planning Commission based on the testimony and documentary evidence presented at the open record hearing. The Planning Commission decision on the appeal is the City's final decision. Any party wishing to challenge the Planning Commission decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Planning Commission decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue a DNS, an MDNS or an EIS is final for this permit and any other pending permit applications for the development of the subject property. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Stacy MacGregor, who may be contacted at 206 -433- 7166, ext.1166 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Department of Community Deve ment City of Tukwila FOR STAFF USE ONLY Permits Plus Type: P-SP Planner: g{p,t. k Mackocer File Number: L.07 Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: CITY A T K L C O U WI A 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 APPLICATION NAME OF PROJECT/DEVELOPMENT: KO (it � / 5 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 1 7 .200 inti si iced -r Pztlu y i k w; ca l�1/} q 7 ( LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). ,g6.230e-leirco DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /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 Name: GA " Lett k :54 — (err NP cm s A Address: ? 4 100 tt1adBS4K Rexaci Phone: (Y .3) 776 - $V3,5 E -mail: ne. t"4;4s66err 4S• CO• ixt Signature: (�it Date: MAr 1 4 SPECIAL oEV oiiN ? i MISSION P IRECTOR FAX: 6tz5) - 774/ /Q Ma . 007 P:\Planning Fomu \Applicatioro\SPDiirector- 6- 06.doe December 4, 2006 Check items submitted with application Information Required. HAY 1 4 May be waived in unusual cases, upon approval of both Public Works and Planning o l ayy.. . vrie APPLICATION MATERIALS: 1. Application Checklist one (1) copy, indicatin items submitted with application. X 2. Permit Fee (LDR = $230, Other zone — 3. Written description of the project, the deviation being requested and response to the applicable decision criteria. ZONING CODE PARKING DEVIATION 4. A complete description of the proposed construction relative to parking areas, and all supporting agreements. 5. Dimensional site plan(s) to demonstrate parking area consistent with Zoning Code requirements. 6. Parking studies as needed to demonstrate adequate parking is provided. LANDSCAPE DEVIATION 7. Landscape plan — two (2) copies showing size and species of existing and proposed plant materials, required perimeter landscape types, parking areas, buildings, walkways, transit facilities, property lines, dimensions and area of planting beds and any calculations necessary to demonstrate compliance with review criteria. SENSITIVE AREA ORDINANCE DEVIATIONS 8. Site Plan — two (2) copies showing all buildings, parking areas, walkways, property lines, planting areas, sensitive areas, their buffers and setbacks. 9. Sensitive area studies and enhancement plans to justify a requested buffer or setback reduction and demonstrate that the reduction will not result in a direct or indirect short-term or long -term adverse impact to the sensitive area per TMC 18.45.090 D. SIGN CODE APPROVAL/DEVIATION 10. Complete "Permanent Sign Permit Application" with all supporting materials and fees ($115). C / 11. The following information should be given on the plans: North arrow, title, scale and date; I ( I COMPLE=i E 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 each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206 - 431 -3670 (Department of Community Development) and 206 - 433 -0179 (Department of Public Works). P:Planning Fonns Applications \SPDirector- 6- 06.doc December 4, 2006 Check items submitted with application. Information ) uired. • May be waived in unusual cases, upon approval of both Public Works and Planning Vicinity map showing location and names of adjacent roads; Property lines; Locations of all buildings on site; Dimensioned elevations of building drawn to scale (for wall signs); Elevations, dimensions and materials of proposed sign(s) including advertising copy; Color elevation of proposed sign. CARGO CONTAINER APPROVAL 12. Site plan showing the location of the container(s) in relationship to parking areas, property lines, buildings, streets, trails, landscape areas and setbacks. 13. Description of the proposed screening. 14. Dimensions of proposed cargo container. SINGLE - FAMILY DESIGN STANDARD EXCEPTIONS 15. Dimensioned and scalable building elevations with keyed colors and materials. 16. The site plan must include a graphic scale, north arrow, proposed house footprint, any existing structures, lot lines, setbacks, adjacent streets, driveways, parking areas, any sensitive areas and any fences, rockeries or retaining walls. P:\Planning Forms Applications \SPD 'vector- 6- 06.doc December 4, 2006 MAY 14 2001 Davatiuirr REVIEW CRITERIA Please consult the Zoning Code or Sign Code as to the appropriate criteria for your specific proposals. In addition all approvals must be consistent with the Tukwila Comprehensive Plan (TMC 18.100.030). Planning Division staff are available to discuss the decision criteria you must respond to and necessary supporting materials. PARKING DEVIATION ❑ Covenant Parking: where required parking is provided off -site (TMC 18.56.070(B)); ❑ Complementary Parking: where up to 10% of a development's useable floor area is determined to be linked to remaining area, such that it need not provide the normally required parking (TMC 18.56.070(D)); ❑ Reduction of the minimum required parking of up to 10 %, through an administrative variance (TMC 18.56.140). A parking reduction may be allowed after: a. All shared parking strategies are explored. b. On -site park and ride opportunities are fully explored. c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. d. The site is at least 300 feet away from a single - family residential zone. e. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects. In addition to the above requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking that cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. LANDSCAPE DEVIATIONS ❑ The landscape perimeter may be averaged if the total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to LDR, MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission decision if all of the following criteria are met: 1. Plant material can be clustered to more effectively screen parking areas and blank building walls. 2. Perimeter averaging enables significant trees or existing built features to be retained. P:\Planning Forms \ Applications \SPDirector- 6- 06.doc December 4, 2006 ❑ Setbacks TMC 18.45.080 F. • • 3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allo joint use of parking facilities between neighboring businesses. 4. Width of the perimeter landscaping is not reduced to the point that activities on the site become a nuisance to neighbors. 5. Averaging does not diminish the quality of the site landscape as a whole. ❑ In the MDR and HDR zones up to 20% of the minimum required front yard landscaped area may be developed for pedestrian and transit facilities. ❑ In the RCC and TUC zones required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian oriented space. SENSITIVE AREA ORDINANCE DEVIATIONS All commercial and industrial developments shall be set back 15 feet and all residential development shall be set back ten feet, measured from the foundation to the buffer's edge. The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the buffer zone from construction or occasional maintenance activities. ❑ Buffers TMC 18.45.080 G The Director may reduce the standard wetland/watercourse buffers on a case -by -case basis, provided the buffer does not contain slopes 15% or greater. The approved buffer width shall not result in greater than a 50% reduction in width. Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not result in direct or indirect, short-term or long -term adverse impacts to wetlands or watercourses, and that: a. Additional protection to wetlands will be provided through the implementation of a buffer enhancement plan; b. The existing condition of the buffer is degraded; c. Buffer enhancement includes, but is not limited to the following: (1) Planting vegetation that would increase value for fish and wildlife habitat or improve water quality; (2) Enhancement of wildlife habitat by incorporating structures that are likely to be used by wildlife, including wood duck boxes, bat boxes, snags, root wads /stumps, birdhouses and heron nesting areas; or (3) Removing non - native plat species and noxious weeds from the buffer area and replanting the area subject to TMC 18.45.080G.2.c.(1) above. P:'Planning Forms Applications \SPDirector- 6- 06.doc December 4, 2006 SIGN DEVIATIONS • • P �vEo MAY 1 2007' DEy .Lp uz-NT ❑ In the single family zone (LDR): signs for all conditional uses and public facilities (TMC 19.32.080); ❑ In multi - family zones where signs face multi - family, commercial and industrial zones: signs of conditionally permitted uses, all public facilities and freestanding signs (TMC 19.32.100). In Commercial and Industrial (TMC 19.32.170) Zones: ❑ Signs of conditionally permitted uses, all public facilities and all free - standing signs, that abut or face single family zones (TMC 19.32.120) and multi - family zones (TMC 19.32.130); ❑ Any multi -tenant office building sign which has over 50% of the total allowed wall sign area (TMC 19.32.140(B)(4)); • A 50% increase in wall sign area for each doubling of the Zoning Code maximum building setback up to 6% of the wall area upon which the sign will be mounted up to a maximum of 500 sq. ft. (TMC 19.32.140(A)(2) and (C)). Shopping Mall business wall signs (TMC 19.32.150(A)): ❑ To allow one wall sign to have more than 50% of the business's total allowable sign area in one sign. ❑ To allow one freestanding sign to have more than 50% of the site's total allowable sign area in one sign. CARGO CONTAINERS Approval criteria for cargo containers to be installed in the LDR, MDR, and HDR zones for institutional uses and in the RC, RCM, TUC or C/LI zones for permitted or conditional uses: ❑ Only two cargo containers will be allowed per lot, maximum length 30 feet. ❑ The container is located to minimize the visual impact to adjacent properties, parks, trails and rights -of -way as determined by the Director. ❑ The cargo container is sufficiently screened from adjacent properties, parks, trails and rights - of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. ❑ If located adjacent to a building, the cargo container must be painted to match the building's color. ❑ Cargo containers may not occupy any required off - street parking spaces. ❑ Cargo containers shall meet all setback requirements for the zone. ❑ Outdoor cargo containers may not be refrigerated. ❑ Outdoor cargo containers may not be stacked. P:\Planning Forms Wpplications\SPDirector-6- 06.doc December 4. 2006 • • ev MAY 1 4100TI SINGLE - FAMILY DESIGN STANDARD EXCEPTIONS Q � F 1 0 P N17 y The design standards required at 18.50.050 (5) and (6) may be modified by the DCD Director. 1. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern); b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height; c. If a sloped roof is proposed, it must have at least 24 -inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. PAPlanning Fonns Wpplicalions\SPDirector- 6- 06.doc December 4, 2006 2. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; b. The house will be set back at least twice the minimum front yard setback; c. The entrance is oriented to take advantage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design.