HomeMy WebLinkAboutPermit L07-040 - CULBERTSON SIGN SERVICE LLC - SPECIAL PERMISSION SIGNCHEESECAKE FACTORY
230 STRANDER BLVD
L07-040
TO: Don Nicholas
Culbertson Sign Service, LLC
5209 122 St. E
Tacoma, WA 98446
Decisional Criteria
S •
NOTICE OF DECISION
June 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.
I. PROJECT INFORMATION
Project File Number:
L07 -040
Applicant: Nick Culbertson
Type of Permit Applied for: Permanent Sign Permit
Project Description: Request for a Special Permission Sign to increase the allowable sign area from
115 SF to 124 SF.
Location: 230 Strander Blvd.
Comprehensive Plan Designation/Zoning District: TUC
Vicinity/Site Information
The proposed sign will be located on the southern face of the wall of the building located at 230 Strander
Blvd. 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 3269 square feet. The setback of the building from the street is
41 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 115 SF for an EBF of
3269 SF. Since the building setback is 41 feet (2.7 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
196 SF. The proposed sign area is 124 SF.
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 3.8% 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 in 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.
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 July 2, 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:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing party is a
corporation, association or other group, the address and phone number of a contact person
authorized to receive notices on the appealing party's behalf.
Department of Community Development
City of Tukwila
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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.
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, 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.
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JUN -04 -2007 17:14 P.01 /01
r muPI . LULnnr[ I Quiv O 1 UIY aCM
CITY OF TUKWII.A
Department of Community Development
6300.Smrnkeitrer Boulevard, ?ltkwila, WA 98188
Telephone: (206) 431 -3670 YAX (204) 431 -36'65
E-mail: tukplan®ci_tukwiln,wa,us
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
STATE OF WASHl.NC1CON
55
COUNTY OF MO
The undersigned being duly sworn and upon oath states as follows:
1. 1 am the current owner of the property which is the suhject of this application_
2. All statements contained in the applications have been prepared by me or my agents and ere true and correct to
the test of my knowledge.
3. The application is being submittal with my knowledge and cxmsa%
4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter
upon Owner's roal property, located at 2g19 D S/ deVrie
for the purpose of application review, for the limited time necessary to complete that purpose,
S. Owner aprons to hold the City harmless for any loss or damage to persons or property downing on the private
property during the City's entry upon the property. unless the loss or damage is tltc result of the sole negligence
of the City.
6. Non - responsiveness to a City information request for ninety (90) or more days, Shall be cause to cancel the
application(s) without refund of hes.
EXECUTED at "0 (city), G,GI OWL),
Print Nome "a4?- /G 1 S ii /AC4 -d t) l l
REBECCA WILKE
Commission N 1733393
Notary Public - California
Orange County
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Addres
Phone Number
Signature
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On this day personally oppemed befixe me a rrle )mown to be the individual who
executed the tbregoing Instrument end RClarowledccd that heahe signed the same as giber voluntary act end deed ter the uses and
pwposes mentioned thoroin.
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS ( DAY OF
9E473
NOT • IHfJC in and 4hr the Stale of Wadtiegiea eloP
residing at
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My Commission expires on a •
DewmbW,, yrwr(.
TOTAL P.01
FOR STAFF USE ONLY Permits Plus Type: P -SP
Planner: a (cd ce d o r
File Number: L07_0(40
Application Complete (Date:
)
Project File Number:
Application Incomplete (Date:
)
Other File Numbers: a) a7
APPLICATION
NAME OF PROJECT/DEVELOPMENT: EeSECAKC
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate
lot(s), block and subdivision, access street, and nearest intersection.
Pc r 2(,2A01 23 RlatiD 29-, 1 6L_Q
230 O aceAvo '
LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement).
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: (), k C-)A1D (Z �7r
Address: 5 0q I 2-
X09- G90
Phone:
E -mail: �� --�
Signature: Date:
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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
,r cc/-114 / vfizt c7 L $
FAX:
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SPECIAL
PERMISSION
DIRECTOR
December 4, 2006
‘01\20
PARKING DEVIATION
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.
❑ 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.
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3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allow
joint use of parking facilities between neighboring businesses.
4. Width of the perimeter landscaping is not reduced to the point that activities on the site
become a nuisance to neighbors.
5. Averaging does not diminish the quality of the site landscape as a whole.
❑ In the MDR and HDR zones up to 20% of the minimum required front yard landscaped area
may be developed for pedestrian and transit facilities.
❑ In the RCC and TUC zones required landscaping may include a mix of plant materials,
pedestrian amenities and features, outdoor 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
❑ Setbacks TMC 18.45.080 F.
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.
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SIGN DEVIATIONS
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❑ 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.
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SINGLE - FAMILY DESIGN STANDARD EXCEPTIONS
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.
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.
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CITY TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukp @ci.tukwila.wa.us
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P:1Planning Fomn1Applications\SPDirectorfi- 06.doc December 4, 2006
SPECIAL
PERMISSION
DIRECTOR
INFORMATION
The Tukwila Zoning Code and Sign Code have established "Special Permission" decisions, which are more complex than
straightforward applications of code standards, but do not require a public hearing
REQUIREMENTS: Special permission approval by the Director is required in the following situations.
Parking Deviations (Zoning Code TMC 1836)
• Covenant Parking: When required parking is provided off -site.
• Complementary Parking: When up to 10% of a development's useable floor area is determined to be linked to
remaining areas such that it need not provide the normally required parking.
• Administrative Variance: Reduction in the minimum number of required parking spaces of up to 10 %.
Landscape Deviations (Zoning Code, TMC 18.52.020
• Landscape perimeter averaging
• Developing pedestrian and transit facilities within the required front yard landscape area in MDR and HDR
zones.
• Substitution of pedestrian oriented space for landscaping in RCC and TUC zones.
Sensitive Area Ordinance Deviations (TMC 18.45.040)
Request for setback waiver or buffer reduction.
Sign Deviations (Sign Code, Title 19)
• Signs for conditional uses or public facilities located in or.ddjacent to residential zones.
• Freestanding signs in commercial zones that are located within 100 feet of a residential zone.
• Request for increase in wall sign area due to doubling of required building setback .
• Any multi -tenant office building wall sign which has over 50% of the total allowed sign area for that building face.
• Any shopping mall business wall sign which has over 50% of the total allowed sign area for that building face.
• Any shopping mall business freestanding sign which has over 50% of the total allowed sign area for the site.
Cargo Containers as accessory structures (TMC 18.50.060 and 18.70.130).
Request to install a container in the LDR, MDR, HDR, RC, RCM, TUC or C/LI Zones.
Single - Family Design Standard'Exceptions
Request for a roof pitch flatter than 5:12 or a front door that faces the side or rear yard.
PROCEDURES: At the time you submit your application you must have all of the items listed on the attached
"Complete Application Checklist." You may request a waiver from items on the checklist that are not applicable to your
project. Please discuss this waiver request with City staff either at a pre- application meeting or at the time of application
submittal.
Within 28 days of receiving your application, City staff will determine if it is complete based on the attached checklist: If
not complete City staff will mail you a letter outlining what additional information is needed. If you do not submit
requested materials within 90 days from the City's request for additional information the City may cancel your application.
Once the application is complete it will be reviewed by the Director who will issue a decision to approve, modify or deny
the application based on the review criteria:
Check items
submitted
with
application
Information Required.
May be waived in unusual cases, upon approval of both Public Works and Planning
APPLICATION MATERIALS:
1. Application Checklist one (1) copy, indicating items submitted with application.
2. Permit Fee (LDR = $230, Other zones = $350).
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).
11. The following information should be given on the plans:
North arrow, title, scale and date;
COMPLL rE 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).
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December 4. 2006
a..necxa>lems
submitted
with
•
application
information Required.
May be waived;irTlnusual cases, upon.approvalof both „ orks•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:1Planning Forms l Applications \SPDirector- 6- 06.doc December 4, 2006