HomeMy WebLinkAboutPlanning 2016-03-24 Minutes - 2016 Housekeeping Code AmendmentsDate:
Time:
Location
Present:
Absent:
Staff:
City of Tukwila
Planning Commission
PLANNING COMMISSION (PC) MINUTES
March 24, 2016
6:30 PM
Council Chambers
Chair, Sharon Mann; Vice Chair, Miguel Maestas; Commissioners, Louise Strander, Brooke
Alford and Nhan Nguyen
Commissioner Mike Hansen
Minnie Dhaliwal, Planning Supervisor; and Wynetta Bivens, Planning Commission Secretary
Chair Mann called the public hearing to order.
Motion: Commissioner Nguyen made a motion to adopt the February 25, 2016 minutes. Commissioner
Maestas seconded the motion. All were in favor.
Request: Commissioner Strander requested revisions to the minutes. After reviewing the public hearing
recording staff determined that the applicable comments were already included in the minutes.
Chair Mann opened the public hearing and swore in those wishing to provide testimony.
CASE NUMBER: L16 -0010
TITLE: 2016 Housekeeping Code Amendments
TOPIC: Housekeeping Code Amendments to Title 17, 18, 19 and 21 (Subdivision,
Zoning, Sign and SEPA Environmental Regulations) of the Tukwila
Municipal Code. The proposed amendments range from code clarification to
updating development regulations and permit processes.
LOCATION: City Wide
Minnie Dhaliwal, Planning Supervisor, Department of Community Development, gave the presentation.
Two comment letters and a list of additional amendments related to the Sign Code were entered into the record.
A copy of each of these items were previously handed out to each member of the Commission. The comment
letters were received during the review process; one from Washington State Department of Transportation
(WSDOT) and one from the Southcenter Square property owner. The list of additional Sign Code amendments
were content based regulations that the city attorney recommended to address in the ordinance.
The Commission reviewed proposed changes for the following four Ordinances: Sign Code, Zoning Code,
SEPA, and Subdivision/Plats.
Sign Code
Proposed sign code and sign permit changes:
Due to a Supreme Court's ruling on Reed v. Town of Gilbert staff is proposing eliminating any content
based regulations such as political signs, which are considered unconstitutional.
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Public Hearing Minutes
March 24, 2016
• Clarification: business entrances that do not have a facade and meet certain criteria are allowed smaller
signs of up to 50% of the maximum allowance. There was no policy change, the criteria language was
moved to a different location.
• Flexibility for granting permit extensions beyond 30 days based on reasonable circumstances.
• Allowance of a non - content neutral center identification sign on each business owner's premise.
• Increase the size of the fuel canopy signs to a 10 sq. ft. maximum.
• Increase the number of signs allowed on residential property to two without a sign permit in lieu of
political sign provisions.
• Allow one additional sign (maximum of 50 sq. ft.) in addition to individual tenant signs for each
premises totaling 25,000 sq. ft. or more that does not qualify for the Master Sign Program and has gone
through design review. Delete real estate portable sign provisions as these are content based.
Staff s response to comment letters:
Washington State Department of Transportation (WSDOT):
WSDOT has their own sign regulations. WSDOT provided comments on the signs that can be seen from the
free -way and the limited access. Staff informed WSDOT that the City's code states the applicant is supposed to
obtain any permits needed from WSDOT. Also, the applicant is supposed to comply with WSDOT's
regulations. However, staff said because WSDOT's codes are also content related they need to review their own
regulations and revise their codes.
Southcenter Square Property Owner:
The property owner requested amendments to allow a property identification sign. Staff said their property
qualifies for the Master Sign Program. In 2011 a Master Sign Program was approved for the property. However,
Carter's already had one sign and even under the Master Sign Program a second sign on the same facade is not
allowed. Language is being proposed that could be added to the Master Sign criteria to allow the sign area for a
facade to be divided into two signs as long as they are at least 20 ft. apart. This provision would apply to only
one location on the premise. Staff said it would help with place making and is much nicer than some of the other
signs that are currently allowed, which were approved under the Master Sign Program. Staff is supportive of the
change. The proposed language was provided in Exhibit -3
Testimony
Kevin McNulty, representative for the Parkway Village provided some history on the land, ownership and the
major facade improvements. Mr. McNulty said they renovated, went through design review, changed the name
to Parkway Village, and did some signage improvements and removed all of the non - conforming signs. He said
they went from an outdated look to a new village concept for retail look and they have already seen increased
activity for the vacant spaces. He said they worked to maximize their signage but that they are very limited to
showcase their new branding efforts. The proposed Sign Code revision would allow for placement of an
additional sign on the top of their building. It would prominently display the new center name and they believe
the branding Parkway Village at Southcenter enhances the overall shopper draw. It would significantly add
strength to the entire retail neighborhood. Mr. McNulty said sales have already increased by 15 — 25 percent.
The applicant would like to see the proposed sign code adopted so they can place a signage on their building. He
said that the McNulty family have lived and worked in the Tukwila area for a century and their renovations show
a renewed commitment to the area.
Staff responded to the inquiries from the Commissioners regarding the regulations for the type of sign, and also
who would review the project.
Leshya Wig, Wig Properties, Owners of Southcenter Square, said they built their property in 2007. At the time
they also constructed a 60 ft. tall tower and the intent was for the tower to contribute to the overall ambience of
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Public Hearing Minutes
March 24, 2016
the center and help with place making with the center. Ms. Wig said they have been trying since to put up a sign
with the Southcenter Square name at the top of the tower to identify the center since 2007. She said so far they
have not be able to because with the existing sign code it is not permitted. Under the Master Sign Program they
are requesting the allowable sign area be split between two flush mounted building signs instead of having it all
in one location. Ms. Wig said the proposed amendment would increase the place making, visibility and identity
for the shopping center, as well as increase way finding. Ms. Wig said that they continue to invest in their
property and they would be very thankful for the opportunity to make the investment for an additional sign.
There was no additional public testimony.
The Planning Commission deliberated on the Sign Code.
Staff responded to several questions from the Commissioners. The Commissioners were in consensus with the
following additional changes to the Sign Code:
• 19.12.030, 9b Planning Commission were in consensus for temporary signs on residential properties -
Allow up to 4 signs instead of 2 to compensate for taking out political sign provision. Planning
Commission recommended to allow up to four signs with each sign less than 6 sq. ft. with a maximum
total sign area of 12 sq. ft. Sharon Mann was in favor of leaving letter 19.12.030 C provisions related to
real estate signs in the code.
• 9.32.060, Amend - Master Sign Program to allow signage to be split between two signs within a vertical
separation of 20 ft.
• 19.12.040 Prohibited Signs, number 3, `Any sign, symbol, object or device located within the City or
State right -of -way, City easement or City owned property without City or State approval.' Need to
include not just the City right -of -way, but also City owned property.
• 19.12.040 Prohibited Signs, add number 10 to read, `No sign can be put on any property without the
property owner's permission.'
Zoning Code
There was no public testimony.
Proposed changes.
• Amend procedures section of the code to correctly reference the use of a hearing examiner process for
quasi - judicial land use decisions.
• The need for assisted living facilities definition, adopting the state law definition and listing them as a
permitted use /conditional use where a convalescent center /nursing home is permitted/conditional use.
• Replace the list of uses in each of the zones and adopt a separate chapter that deals with the uses and put
them in the matrix format.
• Incorporate code interpretations into the code.
• Add hardship criteria to the Zoning Code Variance criteria.
• Amend the Tukwila Urban Center code to `grandfather' in preexisting buildings that are taller than 45
feet.
• Single family standards — clarify language to read `any structure on a residential piece of property that
requires a building permit.'
• Housing Option Program — Repeal the ordinance as was sunset in 2008.
There was extensive discussion concerning senior citizen housing, assisted living facilities and convalescent
center /nursing home. Commissioner Mann inquired why the assisted living or convalescent nursing homes are
not allowed in HDR or MDR. Staff clarified the scope of proposed changes was housekeeping so no major
policy related changes were proposed. Commissioner Mann requested that staff review the definition of Senior
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March 24, 2016
Citizen Housing and Commissioner Strander was in consensus. Commissioners also decided not to repeal the
Housing Options Program at this time, but deferred until there is further discussion on the topic. Four
Commissioners voted to leave Housing Options Program in the code until such time that there is further policy
discussion on Housing Options Program.
Proposed change by the Commission:
• 18.06.708, Senior Citizen Housing, remove the following language from the last sentence in the
definition: `however, the population of disabled individuals may not exceed 20% of the residents.'
SEPA
There was no public testimony.
Proposed changes:
• Update Tukwila Municipal Code (TMC) to be consistent with the updated State Law.
• Update the list of plans referenced in the TMC with the latest versions
• Revise the SEPA ordinance to add exemption criteria for development proposals in the Tukwila Urban
Center and add procedures for tracking such exempt development.
Subdivision and Plan
There was no public testimony.
Proposed changes:
• Update the Tukwila Municipal Code language for expiration time frames to make it consistent with the
State Law.
The public hearing was closed.
Motion:
Commissioner Alford made a motion to approve Case Number L16 -0010, 2016 Housekeeping Code
Amendments as revised, and to forward them to the City Council for their review. Commissioner
Strander seconded the motion. All were in favor
Director's Report:
• Wood Springs Suites Hotel Design Review proposal coming to PC in April
Adjourned: 8:20 PM
Submitted by: Wynetta Bivens
Planning Commission Secretary
Adopted: 4/28/16