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HomeMy WebLinkAboutPermit PL11-056 - MALIK DAVID / PACIFIC CHEVRON - SIGN VARIANCEPACIFIC CHEVRON 14415 TUKWILA INTL BLVD PLI 1-056 LII-057 SIGN VARIANCE March 25, 2013 David Malik 26220 —116th Ave. SE Kent WA 98037 Re: Sign Variance, Recording Fees Dear Mr. Malik - Received in the mail today was the bottom portion of an invoice and a blank and unsigned check (enclosed). I am assuming it is for the Recording Fees of $82.00 for the Sign Variance issued under file L11-057 for the location of 14415 Tukwila International Blvd. However, without the full invoice, I cannot be certain. I have enclosed another copy of the invoice. If this is indeed the payment you are making, please fill out the check payable to the City of Tukwila and sign it, and return it with a copy of the enclosed invoice so that payment will be applied for properly. Thank you Teri Svedahl Building & Planning City of Tukwila Teri Svedahl From: Dana Almberg Sent: Wednesday, March 06, 2013 10:43 AM To: Teri Svedahl Subject: Recording fees Hi Teri, The fee for recording documents are $72.00 first page, and $1.00 each additional page. (The document you sent me would be a total of $82.00) Dana © 1 City of Tukwila ti DePartment of CommuniV Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.TukwilaWA.gov RECEIPT Parcel No.: 0040000136 Permit Number: L11-057 Address: 14415 TUKWILA INTERNATIONAL BL TUKW Status: APPROVED Suite No: Applied Date: 12/07/2011 Applicant: DAVID MALIK Issue Date: 09/20/2012 Receipt No.: R13-01182 Initials: TLS User ID: Payee: 1670 Payment Amount: $82.00 el.00 KC! 1 I/1 6- Payment Date: 04/01/2013 03:33 PM Balance: $0.00 PACIFIC BP TRANSACTION LIST: Type Method Descriptio Amount Payment Check 14213 82.00 Authorization No. ACCOUNT ITEM LIST: Description Account Code Current Pmts FILING & RECORDING FEES 000.341.200.00.00 82.00 Total: $82.00 doc: Receipt-06 Printed: 04-01-2013 City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor To: David Malik 26220 l 16th Ave SE Kent WA 98037 2na REQUEST INVOICE This invoice is for the recording fees assessed by King County for recording the Notice of Decision Sign Variance issued as part of file L11-057 King County recording fees — first page (required recording document) Additional pages at $1.00 each —10 pages, Notice of Decision $72.00 $10.00 Sub Total $82.00 'Balance Owing $82.00 The City of Tukwila accepts Cash, Check, Visa/Mastercard Credit card payment is accepted over the phone. 206.431.3670 If paying by check please remit payment to: City of Tukwila Attn Teri 6300 Southcenter Blvd., Ste 100 Tukwila WA 98188 Phone: 206-433-1800 • City Hall Fax: 206-433-1833 • Website: www.ci.tukwila.wa.us Return Address: CITY CLERK CITY OF TUKWILA 6200 Southcenter Blvd. Tukwila, WA 98188 Coyx-i 20130322000243 1 PL-11-°5.& 03/22/2013 09:37 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1 NOTICE OF DECISION'L"1`1t057`SIGNVARIANGE 2. 3. 4. Reference Number(s) of Documents assigned or released: 10 Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1 CITY OF TUKWILA , 2. , Additional names on page of document. Grantee(s) Exactly as name(s) appear on document i. DAVID MALIK-APNA INVESTMENT GROUP , 2. , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) ADAMS HOME TRS PORTION OF LOTS 11 & 12, Plat Block: 2 - AKA PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO 90-14 BLA RECORDING NO 9101160627 - LESS ST LESS RD PER SUP COURT #04-2-22944-8 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned r/R0 �6,D0 6.(0 The Auditor/Recorderowill rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director September 21, 2012 NOTICE OF DECISION TO: David Malik, Applicant Apena Investments, Owner Patrick Hanis, Attorney for Applicant King County Assessor, Accounting Division This letter serves as a notice of decision and is issued pursuant to TMC 19.12.090 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L11-057 Applicant: David Malik Type of Permit Applied for: Sign Variance Project Description: Variance to exceed the maximum height limit for a freestanding sign. Location: 14415 Tukwila International Blvd Associated Files: None Comprehensive Plan Neighborhood Recourse Center (NCC) Designation/Zoning District: II. DECISION SEPA Determination: The City SEPA Responsible Official has determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The City Hearing Examiner has determined that the application for a sign variance does comply with applicable City and state code requirements and has approved that application, subject to the following conditions: Type 3 Permit Decision by Hearing Examiner (except shoreline variance) 6300 Southcenter Boulevard Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 1. Prior to issuance of a sign permit, the applicant shall remove all existing freestanding signs on the subject property. 2. Prior to issuance of a sign permit, the applicant shall obtain a permit for the Boost Mobile sign. If the Boost Mobile sign is too large to comply with the City's sign code requirements, the sign will be removed. 3. As part of the sign permit application, the applicant shall provide scaled plans prepared by a licensed engineer or architect that show the precise design, height and location of the freestanding sign. The engineer's or architect's stamp must be on the drawings and the plans shall be drawn to scale. The sign must maintain a minimum sight clearance from grade to bottom of sign cabinet of eight feet. 4. The sign shall not exceed 17 feet in height. The proposal must meet all other applicable code requirements, including maximum message area. 5. The variance approval is valid until September 1, 2022. Until September 1, 2022, the sign may have refaces and copy changes, provided permits are issued by the City as required by TMC 19.12.020. No other changes may be made to the sign, including the structure and location, unless permitted or approved by the City pursuant to applicable Code provisions. 6. After Sept 1, 2022, the sign is permitted to remain "AS -IS." Relocation, re - erection, alternation, replacement or any other changes to the sign, including its structure or sign panel/face/copy, will require that the sign be brought into compliance with all standards of the City's Sign Code, unless the City approved or permits such changes pursuant to applicable Code provisions. 7. If the property ceases to be used as a gas station, as determined by the Director, the freestanding sign shall be removed. 8. As specified by TMC 19.36.040 (C)(2), the freestanding sign shall be removed in the event of any activity on the site which triggers design review. 9. The City shall record the Notice of Decision with the King County Records Office. The applicant shall reimburse the City for all incurred recording fees assessed by King County. Reimbursement of the recording fees shall be provided to the City prior to issuance of the required sign permit. HI. YOUR APPEAL RIGHTS The Decision on this Application is issued pursuant to TMC 19.12.090. Other applications related to this project may still be pending. No administrative appeal of the Decision is permitted. A party who is not satisfied with the Hearing Examiner's decision may file an appeal in King County Superior Court. IV. PROCEDURES AND TIME FOR APPEALING Any party wishing to challenge the Hearing Examiner's Decision must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the Hearing Examiner's Type 3 Permit Decision by Hearing Examiner (except shoreline variance) Initials Page 2 of 3 09/01/2010 2:25:00 PM W:\Planning\Planning Forms\Notice of Decision\NOD Type 3.doc 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 Brandon Miles, who may be contacted at 206-431-3684 for further information. Property owners affected by th. may request a change in valuation for their property tax purposes. Contact the King Coun ssessor's Office for further information regarding property tax valuation changes. Y B andon J. lvl!i1es, Senior Planner Department of Community Development City of Tukwila Type 3 Permit Decision by Hearing Examiner (except shoreline variance) Initials Page 3 of 3 09/01/2010 2:25:00 PM W:\Planning\Planning Forns\Notice of Decision\NOD Type 3.doc RECEIVED SEP 19 HO teWAUN rr CITY OF TUKWILA HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION PROJECT INFORMATION SUMMARY APPLICANT/OWNER: Apena Investments Group, LLC REQUEST: Variance to exceed the maximum height limit for a freestanding sign LOCATION: 14415 Tukwila Intemational Boulevard FILE NUMBER: L11-057 COMPREHENSIVE PLAN DESIGNATION Neighborhood Commercial Center (NCC) ZONING DESIGNATION: Neighborhood Commercial Center (NCC) SEPA DETERMINATION: Exempt STAFF RECOMMENDATION: Approval with conditions PUBLIC HEARING: September 11, 2012 EXHIBITS: The following exhibits were entered into the record: Department's staff report with Attachments: A. Applicant's Response to Variance Criteria B. Elevation of Proposed Sign C. Site Plan Introduction The applicant, Apena Investments Group, LLC, seeks a variance from the maximum height limit for freestanding signs as defined in TMC 19.08.130. A public hearing was held on the application on September 11, 2012, before the Tukwila Hearing Examiner at Tukwila City Hall. Represented at the hearing were the applicant, by Patrick Hanis, attorney at law; and the Department of Community Development by Brandon Miles, Senior Planner. One person, Mr. Ron Harkestad, offered public comment at the hearing. The record was held open after the hearing for the Examiner's viewing of the site, which occurred on September 11, 2012. After due consideration of the evidence presented at the public hearing, the following shall constitute the findings of fact, conclusions and decision of the Hearing Examiner on this application. , Hearing Examiner Decision. L11-057 Apena Investments Sign Variance Page 2 of 7 Findings of Fact 1. The subject property is addressed as 14415 Tukwila International Boulevard and is located at the intersection of S. 144th Street and Tukwila International Boulevard. The property is developed with a gas/service station, and a portion of the building is leased to a company called Boost Mobile, for retail use. 2. There are two freestanding signs currently at the property. There is a pylon freestanding sign shown in Figure 7 of the staff report, and a monument sign which is shown in Figure 9. The applicant's proposed pylon freestanding sign is shown at Attachment B to the staff report. DCD has noted that there are signs at the property which appear to lack permits, and which may be subject to code enforcement efforts by the City. 3. Development in the vicinity includes a number of retail uses of different types and sizes, including a fast food restaurant, a grocery store, drug stores, and a pawn shop. The area was annexed to the City in the 1990s, and the development pattern is auto -oriented. 4. The property is zoned Neighborhood Commercial Center (NCC). The Comprehensive Plan describes the NCC zone as generally focused around key intersections in transportation corridors, providing a commercial focus for businesses bordering the corridors while mitigating the corridors' impacts on residential areas. The City's 1998 revitalization plan for the Tukwila International Boulevard corridor includes a goal of removing nonconforming signs along the Boulevard. 5. Northeast of the site is the site of the Tukwila Village project, a proposed mixed - use development that will be the first mixed -used development along Tukwila International Boulevard. That project is the result of a private -public partnership, and the City has constructed sidewalks and other pedestrian amenities to support the project Tukwila Village Project. Among the improvements in this area, the City has constructed a four -foot high wall at the intersection of S. 144th and Tukwila International Boulevard. 6. The existing gas station business has been in operation at this location since prior to annexation within the City. The existing signage does not conform to the City Sign Code. The Code permits only one freestanding sign on this property, but there are currently two freestanding signs on the property. The Code limits the permitted message area at this site to 36 square feet per side of a freestanding sign. 7. The City's current Sign Code was adopted in 2010. The new Code requires that freestanding signs be monuments. The Code provides a grace period for legally - constructed signs that became non -conforming because of the 2010 Code changes. During the grace period, certain modifications to the sign may be made if a permit is Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page 3 of 7 obtained. After the grace period, signs may remain "as -is" indefinitely, but any changes to the sign will trigger the requirement that it be brought into compliance with the Code. 8. The existing pylon sign at the property, according to the City's records, was legally nonconforming at some point in the past. However, the sign lost that status when it was subsequently refaced without receiving a City permit. There is other signage at the site for which permits were not issued by the City. 9. The applicant at hearing noted that gasoline companies will not allow a large sign to be placed on top of the canopy above the gasoline pumps at his station. He also stated that it was necessary to retain the existing location of the pylon sign, because this was the only place on the site where the sign would be readily visible to traffic along both streets. 10. The Department reviewed the application and recommended approval with conditions. DCD's report notes that the variance does not affect the City's enforcement of the Code as to other signs on the property. 11. The Fire Department commented on the proposal, expressing concerns that the sign would impair the line of sight for fire engines entering the intersection. The Fire Department recommended that the project be required to maintain a line of sight above grade of at least eight feet to accommodate fire engines. 12. No public comments were submitted to the Department on this application. At the hearing, one person offered public comment, and indicated that he was in favor of the proposal. 13. The sign variance criteria are set forth in TMC 19.28.030: The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. 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. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page 4 of 7 4. The special conditions and circumstances prompting the variance request do not 'r. esult from the actions of the applicant. 5. The variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, including the Zoning Code, Walk and Roll Plan and/or Shoreline Master Program. 7. Granting of the variance shall result in greater convenience to the public in identing the business location for which a Sign Code variance is sought. Conclusions 1. The Hearing Examiner has jurisdiction over this application pursuant to TMC 19.28.010. All of the criteria set forth in TMC 19.28.030 must be met in order to grant a variance. 2. The only application before the Hearing Examiner is a request for a variance from • the six-foot height limit. The proposed sign's conformance with other Code provisions is not before the Examiner. The City of course retains its authority to enforce applicable Codes to signs on the property, including any which were installed without a permit. 3. The first criterion is that the variance as approved will not constitute a grant of special privilege inconsistent with the intent of the Sign Code. The Code allocates signage to properties based on the total amount of linear street frontage, and in this case, the property is permitted to have one freestanding sign. The evidence in the record indicates that the additional height would allow for a sign that can be seen above the existing City -installed wall at this location, and additional height will also address line of sight requirements for Fire Department vehicles. 4. It should be noted that, were_ the variance to be granted with no time limit, the applicant would receive a benefit not granted to other property owners who would be required to bring their signs into compliance with the Code after the grace period. However, the Department's recommended condition to limit the duration of the variance is a reasonable limitation that will avoid a special privilege being granted to the proposal. 5. The second criterion is whether, because of special circumstances related to certain property characteristics or its surroundings, a variance is necessary in order to provide the ,property with the same rights and privileges permitted to other properties in Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page 5 of 7 the zone and vicinity. The property is adjacent to a wall that the City placed in the right- of-way, and the wall would obscure the visibility of a sign placed behind the wall. It appears from the evidence presented at hearing that this is the only practicable location on the property for a sign that will be plainly visible to the motorists along both streets, given the property's size and shape and the location of existing street access points. Thus, the criterion appears to be met. 6. The next consideration is whether granting the variance for height would be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and the zone. As conditioned to maintain adequate elevation to preserve a line of sight, the proposal would not impair sight lines for Fire Department vehicles. The time limit on the variance will help to ensure that the presence of this sign is not detrimental to the transition to a pedestrian -oriented environment along Tukwila International Boulevard. The variance as conditioned would not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone. 7. The fourth criterion is whether the special conditions and circumstances prompting the variance request were the result of the applicant's actions. In this case, one special condition is the presence of the wall in the street right-of-way, which was not constructed by the applicant. The location and size of access points to the property, which limit options for sign placement and visibility, were not the result of the applicant's actions. The criterion is therefore met. 8. The next consideration is whether the requested variance would represent the least amount of deviation from the Code that is needed to accomplish the purpose for which the variance is sought. The sign would be 17 feet tall, 11 feet higher than the Code height limit. As conditioned, the sign would meet Code standards as to sign area and setbacks. The applicant essentially seeks a freestanding sign which is displays the brand and prices of gasoline and is tall enough to be visible to passing motorists on both streets. The requested additional height would serve this purpose, and the time limit on the variance would help to ensure that the relief granted is the least amount of deviation necessary to achieve the purpose of the taller sign. The criterion was shown to be met. 9. The sixth criterion is whether the variance would be inconsistent with other adopted City plans or policies. The City's Comprehensive Plan and the 2010 amendments to the Sign Code call for transitioning the zone and area to a more pedestrian -oriented environment, and for removal of the kind of freestanding sign sought here. The existing environment at this location, however, is still auto -oriented, and the variance as conditioned would allow for a reasonable transition period consistent with City plans and policies. 10. The last criterion is whether the variance would result in greater convenience to the public in identifying the business location for which the variance is sought. The additional height would allow motorists along both adjoining streets to more easily see Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page6of7 the brand and prices of gasoline available at this station. The increased height would therefore result in greater convenience to the segment of the public which is expected to utilize the service of the gas station. 11. As conditioned, the proposal would meet all of the variance criteria. The variance should therefore be granted. Decision The requested variance is hereby granted with the following conditions: 1. Prior to issuance of a sign permit, the applicant shall remove all existing freestanding signs on the subject property. 2. Prior to issuance of a sign permit, the applicant shall obtain a permit for the Boost Mobile sign. If the Boost Mobile sign is too large to comply with the City's sign code requirements, the sign shall be removed. 3. As part of the sign permit application, the applicant shall provide scaled plans prepared by a licensed engineer or architect that show the precise design, height and location of the freestanding sign. The engineer's or architect's stamp must be on the drawings and the plans shall be drawn to scale. The sign must maintain a minimum sight clearance from grade to bottom of sign cabinet of eight feet. 4. The sign shall not exceed 17 feet in height. The proposal must meet all other applicable code requirements, including maximum message area. 5. The variance approval is valid until September 1, 2022. Until September 1, 2022, the sign may have refaces and copy changes, provided permits are issued by the City pursuant to TMC 19.12.020. No other changes may be made to the sign, including its structure and location, unless permitted or approved by the City pursuant to applicable Code provisions. 6. After September 1, 2022, the sign is permitted to remain "AS -IS." Relocation, re -erection, alteration, replacement or any other changes to the sign, including its structure or sign panel/face/copy, will require that the sign be brought into compliance with all standards of the City's Sign Code, unless the City approves or permitssuch changes pursuant to applicable Code provisions. 7. If the property ceases to be used as a gas station, as determined by the Director, the freestanding sign shall be removed. Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page 7 of 7 8. As specified in TMC 19.36.040.C.2, the freestanding sign shall be removed in the event of any activity on the site which triggers design review. 9. The city shall record the Notice of Decision with the King County Records Office. The applicant shall reimburse the City for all incurred recording fees assessed by King County. Reimbursement of the recording fees shall be provided to the City prior to issuance of the required sign permit. Note: Sign and electrical permits are required for installation of the sign, and the DCD Building Division may require structure review of the proposed sign. Entered this 18th day of September, 2012. Anne Watanabe Hearing Examiner Concerning Further Review TMC 19.28.010 provides that: "Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals shall be made to King County Superior Court." City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director September 21, 2012 NOTICE OF DECISION TO: David Malik, Applicant Apena Investments, Owner Patrick Hanis, Attorney for Applicant King County Assessor, Accounting Division This letter serves as a notice of decision and is issued pursuant to TMC 19.12.090 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L11-057 Applicant: David Malik Type of Permit Applied for: Sign Variance Project Description: Variance to exceed the maximum height limit for a freestanding sign. Location: 14415 Tukwila International Blvd Associated Files: None Comprehensive Plan Neighborhood Recourse Center (NCC) Designation/Zoning District: II. DECISION SEPA Determination: The City SEPA Responsible Official has determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The City Hearing Examiner has determined that the application for a sign variance does comply with applicable City and state code requirements and has approved that application, subject to the following conditions: Type 3 Permit Decision by Hearing Examiner (except shoreline variance) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 Staff's Presentation Outline 1. Application is for a sign variance to exceed the maximum height permitted for freestanding signs. 2. Applicant owns a gas station property at the corner of S. 144th Street and TIB, which is zoned r Y-zi NCC. Access to the property is provided by both S. 144th Street and TIB. Jilt-11 3. Located at the corners is a small wall installed by the City as part of a road improvement 9pk`4 project. Applicant would now like to install a sign at this location. If the sign met the City's height standards it would likely not be visible from the street. 4. There are currently two freestanding signs located on the property. Both signs are illegal because they were both refaced without proper permits. Also, located on the property is a wall sign for Boost Mobile, which was also installed without a permit. 5. The NCC zone is intended to be pedestrian friendly. The City's envisions a pedestrian oriented environment, where calls are deemphasized. The low height standards of the City's sign code is keeping with this goal. However, the City realizes that the vision is on -going and that the area is currently, still auto dominated. 6. In the written submission, the applicant has failed to provide information on why other sign types, which meet code, cannot be utilized. Perhaps the applicant will provide this information in the hearing today. 7. Some issues that staff sees with the application: a. The area of the sign is also too large. If the variance is granted, staff requests that the applicant reduce the size of the sign to comply with the prescriptive size standard for freestanding sign. b. Granting the variance without sufficient restrictions could allow the sign to remain indefinitely. As the area transitions to a pedestrian friendly environment, provisions should be established that restrict the use of the sign. c. Grace period issues. d. Fire Department issues. Malik Variance Hearing, L11-059 Property Location, 14415 TIB is Applicant, David Malik Sign Variance 1 2 3 Staff's Conclusions and Recommendation 4 RECEIVED MAY 31 20121 4 Gregory F. Cromwell. Gregory L. Girard Brian J. [Janis Michael M. Hanis phanis@hiplawfirm.com May 30, 2012 Brandon J. Miles Senior Planner City of Tukwila Patrick M. Hanis Cynthia A. Irvine* Amy E. Meharry Erik R. Olsen Kim Adams Pratt**" RE: Pacific Chevron, 14415 Tukwila International Blvd. Sign Variance Application (L11-057) Dear Mr. Miles: Mark W. Prothero Florian D. Purranan Melissa J. Rogers Dennis J. Shanlian' Vanessa M. Vanderbrug AT *Also admitted in VA **CPA/L.LM ***Of Counsel RECEIVED JUN 0 5 2012 TUKWILA PUBLIC'WMK6 This office represents Mr. Malik with respect to the above requested sign variance application. This letter is written in response to your letter of January 23, 2012, regarding requests for additional information. You are welcome to continue speaking directly with Mr. Malik as part of this process. Criteria for Sign Code Variance: The variance application meets each of the criteria necessary for approval of the variance. 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. Section 19.04.020 provides that the code is "to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents, and property owners to display signage." In this case, a wall was constructed by the City approximately 4' in height that limits the types of signs that can be used. Allowinwa variance to the sign code is necessar so that the ro ert can benefit from appropriate signage consistent wi a grante to other businesses. This is not a grant of a special privilege as the City is enforcing its Code, while allowing a variance in a special circumstance that is the result of the City's installation of the wall. The single pole sign proposed, and shown in the attached exhibits, will allow the sign not to be blocked by the wall. 2. The variance is necessary because of special circumstances related 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. The special circumstance is the location of the 4' wall that limits the type of sign that can be seen. Installation of a different type of approved sign is necessary in order to grant the P Ulm L applicant the ability to install signage that is beneficial to its business, while complying with the other requirements of the Sign Code. In addition, the sign will be more easily viewed by the public that may be seeking the business of a service station. 3. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, the improvements in the vicinity and in the zone in which the subject property is located. The signage to be installed will be consistent with the Sign Code and is consistent with similar types of signs permitted throughout the City and historically used by service station businesses. There is no anticipated detriment to the public welfare, property, or improvements. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. The conditions and circumstances relate to the installation of a 4' waIl by the City of Tukwila. A variance would not be necessary had the wall not been installed. 5. The variance as granted represents the least amount of deviation from the 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 applicant is providing drawings and illustrations showing the type of sign to be installed. This sign will accomplish the Sign Code goal of permitting effective business advertising, while being of a form that does not significantly deviate from the prescribed regulations. 6. The variance request is not inconsistent with any adopted City plan or policy, including the Zoning Coe, Walk and Roll Plan and/or Shoreline Master Program. The applicant does not believe that the variance is inconsistent with any of the foregoing. 7. 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. With the variance, the sign proposed by the application will be seen by the general public. Without the variance, the public will not be able to see any signage, or have it significantly diminished, as a result of the 4' wall. We appreciate your review of this application. If additional information is needed, please let us know. Otherwise, we look forward to approval of the variance. Very Truly Yours, 1. Prior to issuance of a sign permit, the applicant shall remove all existing freestanding signs on the subject property. 2. Prior to issuance of a sign permit, the applicant shall obtain a permit for the Boost Mobile sign. If the Boost Mobile sign is too large to comply with the City's sign code requirements, the sign will be removed. 3. As part of the sign permit application, the applicant shall provide scaled plans prepared by a licensed engineer or architect that show the precise design, height and location of the freestanding sign. The engineer's or architect's stamp must be on the drawings and the plans shall be drawn to scale. The sign must maintain a minimum sight clearance from grade to bottom of sign cabinet of eight feet. 4. The sign shall not exceed 17 feet in height. The proposal must meet all other applicable code requirements, including maximum message area. 5. The variance approval is valid until September 1, 2022. Until September 1, 2022, the sign may have refaces and copy changes, provided permits are issued by the City as required by TMC 19.12.020. No other changes may be made to the sign, including the structure and location, unless permitted or approved by the City pursuant to applicable Code provisions. 6. After Sept 1, 2022, the sign is permitted to remain "AS -IS." Relocation, re - erection, alternation, replacement or any other changes to the sign, including its structure or sign panel/face/copy, will require that the sign be brought into compliance with all standards of the City's Sign Code, unless the City approved or permits such changes pursuant to applicable Code provisions. 7. If the property ceases to be used as a gas station, as determined by the Director, the freestanding sign shall be removed. 8. As specified by TMC 19.36.040 (C)(2), the freestanding sign shall be removed in the event of any activity on the site which triggers design review. 9. The City shall record the Notice of Decision with the King County Records Office. The applicant shall reimburse the City for all incurred recording fees assessed by King County. Reimbursement of the recording fees shall be provided to the City prior to issuance of the required sign permit. III. YOUR APPEAL RIGHTS The Decision on this Application is issued pursuant to TMC 19.12.090. Other applications related to this project may still be pending. No administrative appeal of the Decision is permitted. A party who is not satisfied with the Hearing Examiner's decision may file an appeal in King County Superior Court. IV. PROCEDURES AND TIME FOR APPEALING Any party wishing to challenge the Hearing Examiner's Decision must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the Hearing Examiner's Type 3 Permit Decision by Hearing Examiner (except shoreline variance) Initials Page 2 of 3 09/01/2010 2:25:00 PM W:\Planning\Planning Forms\Notice of Decision\NOD Type 3.doc 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 Brandon Miles, who may be contacted at 206-431-3684 for further information. Property owners affected by th' . -may request a change in valuation for their property tax purposes. Contact the Ki Coun. : ssessor's Office for further information regarding property tax valuation changes. Bisandon J. files, Senior Planner Department of Community Development City of Tukwila Type 3 Permit Decision by Hearing Examiner (except shoreline variance) Initials Page 3 of 3 09/01/2010 2:25:00 PM W:\Planning\Planning Forms\Notice of Decision\NOD Type 3.doc 4 Gregory F. Cromwell Gregory L. Girard Brian J. Maths Michael M. Hanis phanis@hiplawfirm.com May 30, 2012 Brandon J. Miles Senior Planner City of Tukwila Patrick M. Hanis Cynthia A. Irvine* Atny E. Mehany Erik R. Olsen Kim Adams Pratt`** RE Pacific Chevron, 14415 Tukwila International Blvd. Sign Variance Application (L11-057) Dear Mr. Miles: Mark W. Prothero Florian D. Purganan Melissa J. Rogers Dennis J. Shanlianxw Vanessa M. Vanderbrug *Also admittcd.in VA `"CPA/LLM "*Of Counsel RECEIVE:'! JUN 0 5 2012 TUKWILA PUBLIC WORKS This office represents Mr. Malik with respect to the above requested sign variance application. This letter is written in response to your letter of January 23, 2012, regarding requests for additional information. You are welcome to continue speaking directly with Mr. Malik as part of this process. Criteria for Sign Code Variance: The variance application meets each of the criteria necessary for approval of the variance. 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. Section 19.04.020 provides that the code is "to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents, and property owners to display signage." In this case, a wall was constructed by the City approximately 4' in height that limits the types of signs that can be used. Allowing a variance to the sign code is necessaryso that the ro err can benefit from appropriate signage consistent Mtn mat ;grante to other businesses. This is not a grant of a special privilege as the City is enforcing its Code, while allowing a variance in a special circumstance that is the result of the City's installation of the wall. The single pole sign proposed, and shown in the attached exhibits, will allow the sign not to be blocked by the wall. 2. The variance is necessary because of special circumstances related 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. The special circumstance is the location of the 4' wall that limits the type of sign that can be seen. Installation of a different type of approved sign is necessary in order to grant the Attachment A applicant the ability to install signage that is beneficial to its business, while complying with the other requirements of the Sign Code. In addition, the sign will be more easily viewed by the public that may be seeking the business of a service station. 3. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, the improvements in the vicinity and in the zone in which the subject property is located. The signage to be installed will be consistent with the Sign Code and is consistent with similar types of signs permitted throughout the City and historically used by service station businesses. There is no anticipated detriment to the public welfare, property, or improvements. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. The conditions and circumstances relate to the installation of a 4' wall by the City of Tukwila. A variance would not be necessary had the wall not been installed. 5. The variance as granted represents the least amount of deviation from the 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 applicant is providing drawings and illustrations showing the type of sign to be installed. This sign will accomplish the Sign Code goal of permitting effective business advertising, while being of a form that does not significantly deviate from the prescribed regulations. 6. The variance request is not inconsistent with any adopted City plan or policy, including the Zoning Coe, Walk and Roll Plan and/or Shoreline Master Program. The applicant does not believe that the variance is inconsistent with any of the foregoing. 7. 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. With the variance, the sign proposed by the application will be seen by the general public. Without the variance, the public will not be able to see any signage, or have it significantly diminished, as a result of the 4' wall. We appreciate your review of this application. If additional information is needed, please let us know. Otherwise, we look forward to approval of the variance. Very Truly Yours, Patrick M. Hanis rTEcc.NRPK Gesolne ..ns.... """:223,0 M 4 5'6 4 5'6 Attachment B RECEIVED SEP 19 281$1 COMMUNITY CITY OF TUKWILA HEARING EXAMINER OUCLOPMENT FINDINGS, CONCLUSIONS AND DECISION PROJECT INFORMATION SUMMARY APPLICANT/OWNER: Apena Investments Group, LLC REQUEST: Variance to exceed the maximum height limit for a freestanding sign LOCATION: 14415 Tukwila International Boulevard FILE NUMBER: L 11-057 COMPREHENSIVE PLAN DESIGNATION Neighborhood Commercial Center (NCC) ZONING DESIGNATION: Neighborhood Commercial Center (NCC) SEPA DETERMINATION: Exempt STAFF RECOMMENDATION: Approval with conditions PUBLIC HEARING: September 11, 2012 EXHIBITS: The following exhibits were entered into the record: Department's staff report with Attachments: A. Applicant's Response to Variance Criteria B. Elevation of Proposed Sign C. Site Plan Introduction The applicant, Apena Investments Group, LLC, seeks a variance from the maximum height limit for freestanding signs as defined in TMC 19.08.130. A public hearing was held on the application on September 11, 2012, before the Tukwila Hearing Examiner at Tukwila City Hall. Represented at the hearing were the applicant, by Patrick Hanis, attorney at law; and the Department of Community Development by Brandon Miles, Senior Planner. One person, Mr. Ron Harkestad, offered public comment at the hearing. The record was held open after the hearing for the Examiner's viewing of the site, which occurred on September 11, 2012. After due consideration of the evidence presented at the public hearing, the following shall constitute the findings of fact, conclusions and decision of the Hearing Examiner on this application. Hearing Examiner Decision. L11-057 Apena Investments Sign Variance Page 2 of 7 Findings of Fact 1. The subject property is addressed as 14415 Tukwila International Boulevard and is located at the intersection of S. 144th Street and Tukwila International Boulevard. The property is developed with a gas/service station, and a portion of the building is leased to a company called Boost Mobile, for retail use. 2. There are two freestanding signs currently at the property. There is a pylon freestanding sign shown in Figure 7 of the staff report, and a monument sign which is shown in Figure 9. The applicant's proposed pylon freestanding sign is shown at Attachment B to the staff report. DCD has noted that there are signs at the property which appear to lack permits, and which may be subject to code enforcement efforts by the City. 3. Development in the vicinity includes a number of retail uses of different types and sizes, including a fast food restaurant, a grocery store, drug stores, and a pawn shop. The area was annexed to the City in the 1990s, and the development pattern is auto -oriented. 4. The property is zoned Neighborhood Commercial Center (NCC). The Comprehensive Plan describes the NCC zone as generally focused around key intersections in transportation corridors, providing a commercial focus for businesses bordering the corridors while mitigating the corridors' impacts on residential areas. The City's 1998 revitalization plan for the Tukwila International Boulevard corridor includes a goal of removing nonconforming signs along the Boulevard. 5. Northeast of the site is the site of the Tukwila Village project, a proposed mixed - use development that will be the first mixed -used development along Tukwila International Boulevard. That project is the result of a private -public partnership, and the City has constructed sidewalks and other pedestrian amenities to support the project Tukwila Village Project. Among the improvements in this area, the City has constructed a four -foot high wall at the intersection of S. 144th and Tukwila International Boulevard. 6. The existing gas station business has been in operation at this location since prior to annexation within the City. The existing signage does not conform to the City Sign Code. The Code permits only one freestanding sign on this property, but there are currently two freestanding signs on the property. The Code limits the permitted message area at this site to 36 square feet per side of a freestanding sign. 7. The City's current Sign Code was adopted in 2010. The new Code requires that freestanding signs be monuments. The Code provides a grace period for legally - constructed signs that became non -conforming because of the 2010 Code changes. During the grace period, certain modifications to the sign may be made if a permit is Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page 3 of 7 obtained. After the grace period, signs may remain "as -is" indefinitely, but any changes to the sign will trigger the requirement that it be brought into compliance with the Code. 8. The existing pylon sign at the property, according to the City's records, was legally nonconforming at some point in the past. However, the sign lost that status when it was subsequently refaced without receiving a City permit. There is other signage at the site for which permits were not issued by the City. 9. The applicant at hearing noted that gasoline companies will not allow a large sign to be placed on top of the canopy above the gasoline pumps at his station. He also stated that it was necessary to retain the existing location of the pylon sign, because this was the only place on the site where the sign would be readily visible to traffic along both streets. 10. The Department reviewed the application and recommended approval with conditions. DCD's report notes that the variance does not affect the City's enforcement of the Code as to other signs on the property. 11. The Fire Department commented on the proposal, expressing concerns that the sign would impair the line of sight for fire engines entering the intersection. The Fire Department recommended that the project be required to maintain a line of sight above grade of at least eight feet to accommodate fire engines. 12. No public comments were submitted to the Department on this application. At the hearing, one person offered public comment, and indicated that he was in favor of the proposal. 13. The sign variance criteria are set forth in TMC 19.28.030: The Hearing Examiner may grant a variance to the requirements of this code only when the applicant demonstrates compliance with the following: 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. 2. 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. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, improvements or environment in the vicinity and in the zone in which the subject property is located. Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page 4 of 7 4. The special conditions and circumstances prompting the variance request do not 'result from the actions of the applicant. 5. The variance as granted represents the least amount of deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with the stated intent of this code. 6. The variance request is not inconsistent with any other adopted City plan or policy, including the Zoning Code, Walk and Roll Plan and/or Shoreline Master Program. 7. 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. Conclusions 1. The Hearing Examiner has jurisdiction over this application pursuant to TMC 19.28.010. All of the criteria set forth in TMC 19.28.030 must be met in order to grant a variance. 2. The only application before the Hearing Examiner is a request for a variance from • the six-foot height limit. The proposed sign's conformance with other Code provisions is not before the Examiner. The City of course retains its authority to enforce applicable Codes to signs on the property, including any which were installed without a permit. 3. The first criterion is that the variance as approved will not constitute a grant of special privilege inconsistent with the intent of the Sign Code. The Code allocates signage to properties based on the total amount of linear street frontage, and in this case, the property is permitted to have one freestanding sign. The evidence in the record • indicates that the additional height would allow for a sign that can be seen above the existing City -installed wall at this location, and additional height will also address line of sight requirements for Fire Department vehicles. 4. It should be noted that, were the variance to be granted with no time limit, the applicant would receive a benefit not granted to other property owners who would be required to bring their signs into compliance with the Code after the grace period. However, the Department's recommended condition to limit the duration of the variance • is a reasonable limitation that will avoid a special privilege being granted to the proposal. 5. The second criterion is whether, because of special circumstances related to certain property characteristics or its surroundings, a variance is necessary in order to provide the property with the same rights and privileges permitted to other properties in Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page 5 of 7 the zone and vicinity. The property is adjacent to a wall that the City placed in the right- of-way, and the wall would obscure the visibility of a sign placed behind the wall. It appears from the evidence presented at hearing that this is the only practicable location on the property for a sign that will be plainly visible to the motorists along both streets, given the property's size and shape and the location of existing street access points. Thus, the criterion appears to be met. 6. The next consideration is whether granting the variance for height would be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and the zone. As conditioned to maintain adequate elevation to preserve a line of sight, the proposal would not impair sight lines for Fire Department vehicles. The time limit on the variance will help to ensure that the presence of this sign is not detrimental to the transition to a pedestrian -oriented environment along Tukwila International Boulevard. The variance as conditioned would not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone. 7. The fourth criterion is whether the special conditions and circumstances prompting the variance request were the result of the applicant's actions. In this case, one special condition is the presence of the wall in the street right-of-way, which was not constructed by the applicant. The location and size of access points to the property, which limit options for sign placement and visibility, were not the result of the applicant's actions. The criterion is therefore met. 8. The next consideration is whether the requested variance would represent the least amount of deviation from the Code that is needed to accomplish the purpose for which the variance is sought. The sign would be 17 feet tall, 11 feet higher than the Code height limit. As conditioned, the sign would meet Code standards as to sign area and setbacks. The applicant essentially seeks a freestanding sign which is displays the brand and prices of gasoline and is tall enough to be visible to passing motorists on both streets. The requested additional height would serve this purpose, and the time limit on the variance would help to ensure that the relief granted is the least amount of deviation necessary to achieve the purpose of the taller sign. The criterion was shown to be met. 9. The sixth criterion is whether the variance would be inconsistent with other adopted City plans or policies. The City's Comprehensive Plan and the 2010 amendments to the Sign Code call for transitioning the zone and area to a more pedestrian -oriented environment, and for removal of the kind of freestanding sign sought here. The existing environment at this location, however, is still auto -oriented, and the variance as conditioned would allow for a reasonable transition period consistent with City plans and policies. 10. The last criterion is whether the variance would result in greater convenience to the public in identifying the business location for which the variance is sought. The additional height would allow motorists along both adjoining streets to more easily see Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page 6 of 7 the brand and prices of gasoline available at this station. The increased height would therefore result in greater convenience to the segment of the public which is expected to utilize the service of the gas station. 11. As conditioned, the proposal would meet all of the variance criteria. The variance should therefore be granted. Decision The requested variance is hereby granted with the following conditions: 1. Prior to issuance of a sign permit, the applicant shall remove all existing freestanding signs on the subject property. 2. Prior to issuance of a sign permit, the applicant shall obtain a permit for the Boost Mobile sign. If the Boost Mobile sign is too large to comply with the City's sign code requirements, the sign shall be removed. 3. As part of the sign permit application, the applicant shall provide scaled plans prepared by a licensed engineer or architect that show the precise design, height and location of the freestanding sign. The engineer's or architect's stamp must be on the drawings and the plans shall be drawn to scale. The sign must maintain a minimum sight clearance from grade to bottom of sign cabinet of eight feet. 4. The sign shall not exceed 17 feet in height. The proposal must meet all other applicable code requirements, including maximum message area. 5. The variance approval is valid until September 1, 2022. Until September 1, 2022, the sign may have refaces and copy changes, provided permits are issued by the City pursuant to TMC 19.12.020. No other changes may be made to the sign, including its structure and location, unless permitted or approved by the City pursuant to applicable Code provisions. 6. After September 1, 2022, the sign is permitted to remain "AS -IS." Relocation, re -erection, alteration, replacement or any other changes to the sign, including its structure or sign panel/face/copy, will require that the sign be brought into compliance with all standards of the City's Sign Code, unless the City approves or permits such changes pursuant to applicable Code provisions. 7. If the property ceases to be used as a gas station, as determined by the Director, the freestanding sign shall be removed. Hearing Examiner Decision L11-057 Apena Investments Sign Variance Page 7 of 7 8. As specified in TMC 19.36.040.C.2, the freestanding sign shall be removed in the event of any activity on the site which triggers design review. 9. The city shall record the Notice of Decision with the King County Records Office. The applicant shall reimburse the City for all incurred recording fees assessed by King County. Reimbursement of the recording fees shall be provided to the City prior to issuance of the required sign permit. Note: Sign and electrical permits are required for installation of the sign, and the DCD Building Division may require structure review of the proposed sign. Entered this 18th day of September, 2012. 0/L,_ Anne Watanabe Hearing Examiner Concerning Further Review TMC 19.28.010 provides that: "Variance decisions shall be made by the Hearing Examiner at an open record public hearing and any appeals shall be made to King County Superior Court." RECEIVED SEP 19 20121 dastaT BEFORE THE HEARING EXAMINER CITY OF KIRKLAND CERTIFICATE OF SERVICE I certify under penalty of perjury under the laws of the State of Washington that on this date I sent true and correct copies of the attached FINDINGS, CONCLUSIONS AND DECISION to each person listed below, or on the attached mailing list, in the matter of APENA INVESTMENTS GROUP, LLC , Hearing Examiner File L11-057, in the manner indicated. Party Method of Service BRANDON MILES CITY OF TUKWILA DEPT OF COMMUNITY DEVELOPMENT 6300 SOUTHCENTER BLVD., SUITE 100 TUKWILA WA 98188 BRANDON.MILES@TUKWILA WA.GOV II U.S. First Class Mail, postage prepaid Inter -office Mail E-mail Fax Hand Delivery Legal Messenger ❑ I1 ❑ ❑ ❑ PATRICK HANIS HANIS IRVINE PROTHERO ATTORNEY AT LAW 6703 S. 234Th STREET, SUITE 300 KENT WA 98032 II U.S. First Class Mail, postage prepaid Inter -office Mail E-mail Fax Hand Delivery Legal Messenger ❑ ❑ ❑ ❑ ❑ Name Address Used For Service ❑ ❑ U.S. First Class Mail, postage prepaid Inter -office Mail E-mail Fax Hand Delivery Legal Messenger • ❑ ❑ ❑ Dated: September 18, 2012 ame: Alvia N. Williams Title: Paralegal row 4 Gregory F. Cromwell Gregory L. Girard Brian J. Hanis Michael M. Hanis phanis@hiplawfirm.com May 30, 2012 Brandon J. Miles Senior Planner City of Tukwila .:.i;51-4W=- ilMFATOMCVE Patrick M. Harris Cynthia A. Irvine* Amy E. Meharry Erik R. Olsen Kim Adams Pratt"** RE: Pacific Chevron, 14415 Tukwila International Blvd. Sign Variance Application (L11-057) Dear Mr. Miles: Mark W. Prothero Florian D. Purganan Melissa J. Rogers Dennis J. Shanlian** Vanessa M. Vanderhrug *Also admitted in VA "CPA/LLM ***Of Counsel RECEIVE II JUN 0 5 2012 TUKVWLA PutiLIC WbliK6 This office represents Mr. Malik with respect to the above requested sign variance application. This letter is written in response to your letter of January 23, 2012, regarding requests for additional information. You are welcome to continue speaking directly with Mr. Malik as part of this process. Criteria for Sian Code Variance: The variance application meets each of the criteria necessary for approval of the variance. 1. The variance as approved shall not constitute a grant of special privilege, which is inconsistent with the intent of this Sign Code. Section 19.04.020 provides that the code is "to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents, and property owners to display signage." In this case, a wall was constructed by the City approximately 4' in height that limits the types of signs that can be used. Allowing a variance to the sign code is necessary so that the property can benefit from appropriate signage consistent wi gran a to other businesses. This is not a grant of a special privilege as the City is enforcing its Code, while allowing a variance in a special circumstance that is the result of the City's installation of the wall. The single pole sign proposed, and shown in the attached exhibits, will allow the sign not to be blocked by the wall. 2. The variance is necessary because of special circumstances related 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. The special circumstance is the location of the 4' wall that limits the type of sign that can be seen. Installation of a different type of approved sign is necessary in order to grant the Attachment A applicant the ability to install signage that is beneficial to its business, while complying with the other requirements of the Sign Code. In addition, the sign will be more easily viewed by the public that may be seeking the business of a service station. 3. Granting of the variance will not be materially detrimental to the public welfare or injurious to property, the improvements in the vicinity and in the zone in which the subject property is located. The signage to be installed will be consistent with the Sign Code and is consistent with similar types of signs permitted throughout the City and historically used by service station businesses. There is no anticipated detriment to the public welfare, property, or improvements. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. The conditions and circumstances relate to the installation of a 4' wall by the City of Tukwila. A variance would not be necessary had the wall not been installed. 5. The variance as granted represents the least amount of deviation from the 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 applicant is providing drawings and illustrations showing the type of sign to be installed. This sign will accomplish the Sign Code goal of permitting effective business advertising, while being of a form that does not significantly deviate from the prescribed regulations. 6. The variance request is not inconsistent with any adopted City plan or policy, including the Zoning Coe, Walk and Roll Plan and/or Shoreline Master Program. The applicant does not believe that the variance is inconsistent with any of the foregoing. 7. 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. With the variance, the sign proposed by the application will be seen by the general public. Without the variance, the public will not be able to see any signage, or have it significantly diminished, as a result of the 4' wall. We appreciate your review of this application. If additional information is needed, please let us know. Otherwise, we look forward to approval of the variance. Very Truly Yours, Patrick M. Hanis Attachment B City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director STAFF REPORT TO THE HEARING EXAMINER PREPARED September 5, 2012 HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT/OWNER: REQUEST: LOCATION: SEPA DETERMINATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: STAFF RECCOMENDATION STAFF: ATTACHMENTS: September 11, 2012 A Notice of Application was distributed to property owners and tenants within 500 feet of the subject property on January 11, 2012. A Notice of Public Hearing was distributed to property owners and tenants within 500 feet of the subject property on August 28, 2012. L11-057 Apena Investments Group, LLC Variance request to exceed the maximum height permitted for a freestanding sign. 14415 Tukwila International Blvd No Determination required. Neighborhood Commercial Center (NCC) Neighborhood Commercial Center (NCC) Approval with Conditions Brandon Miles, Senior Planner (206) 431-3684 Brandon.Miles@Tukwilawa.gov A. B. C. Applicant's Response to Variance Criteria Elevation of Proposed Sign Site Plan 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 BACKGROUND The applicant is proposing to install a freestanding sign, as defined by Tukwila Municipal Code (TMC) 19.08.130, which does not comply with the City's required height standards for freestanding signs (See Attachment B). The applicant is requesting a variance from the City's prescriptive height requirements due to the presence of low retaining wall at the corner of S.144th Street and Tukwila International Blvd. Figure 1: Aerial Photo of Subject Property The variance application was submitted to the City on December 7, 2011. A correction letter was provided to the applicant on January 23, 2012. The applicant responded to the City's correction request in May of 2012. The property is located at the southwest corner of the busy intersection of South 144th Street and Tukwila International Blvd (TIB) and is zoned Neighborhood Commercial Center (NCC) (See Figure 1). According to King County records, the gas station was constructed in 1969, long before the City annexed the area in the early 1990s. Following annexation, the City embarked on a mission to transform the area from an auto -oriented urban environment to one that is more pedestrian friendly; hence, the NCC zone. The City's Comprehensive Plan, states the following about the NCC zone: "Generally focused around key intersections in transportation corridors (they) can help provide the sense of a "people place" that the neighborhoods bordering the corridors need. A Neighborhood Commercial Center not only helps mitigate the corridors' transportation impacts on residential areas, it can also provide a commercial focus for the businesses bordering the corridors". 1p.100 H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 2 The City's Comprehensive Plan also states that development in the NCC zones is to be compact and pedestrian friendly2. The City, through a mix of public and private investment, is currently working to make the vision outlined in the Comprehensive Plan a reality. The current urban environment in the area is a reflection of the auto - oriented landscape that the City annexed. The City constructed road improvements which added sidewalks and other pedestrian amenities; and, is currently working to complete the Tukwila Village project. The Tukwila Village project is a private -public partnership which will create the first mixed use development along TIB. The primary use of the applicant's property is that of a gas/service station. An espresso stand is located at the NE corner of the property and a small portion of the main building has been leased to Boost Mobile for a retail store. Surrounding land uses are commercial and include a grocery store (Tukwila Trading Company), two drug stores (Walgreens and Bartell), a fast food restaurant (Jack in the Box), as well as other small retail stores. Located to the northeast of the subject property is the future Tukwila Village Site. Tukwila Village is a mixed use development, which will include a library, senior housing, non -senior housing, and small commercial shops. Figure 2, Gas Station Property Looking from TIB. 2 ld. H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 3 Figure 3, Gas Station looking from north side of S. 144`h Street. Figure 4, Adjacent Drug Store {t: l ;1ppHItl0lfllh�L''ilCk9 i,Cc111 Il I lj �y oRUGS JAJI Figure 5, Adjacent Drug Store H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 4 Figure 6, Intersection of S. 144' Street and TIB. Existing signage on the property includes two freestanding signs and a wall sign for Boost Mobile. Figure 7, Existing Pylon Freestanding Sign on Property. Figure 8, Shows the Pylon Freestanding Sign as it existed in December of 2010. The Union 76 sign face was never issued a permit by the City. H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 5 Figure 9, Monument Sign on Property. No permit was obtained for this reface of the sign Figure 10, No Sign Permit was issued for the Boost Mobile Wall Sign shown here. TMC 19.20.040 specifies the allowable freestanding signs for premises3 within the City. The property has less than 400 feet of frontage on surrounding public streets and thus would be permitted to have a freestanding sign that meets the following standards: • Only one freestanding sign; • 36 square feet of message area per side/72 square feet for all sides; • 54 square feet of sign area per side/108 square feet for all sides; 3 Premises means one or more contagious lots of record not separated by right of way and owned or managed by the same individual or entity (TMC 19.08.220). H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 6 • Maximum height six feet; and • Setback at least five feet from all property lines. The applicant has requested a sign that is 17 feet tall; has a total message area of 40 square feet; and is 12 feet from the nearest property line (See Attachments B and C). The existing pylon freestanding sign (See Figure 8) at one time was legally non -conforming. The legal non -conforming status ceased when the sign was illegally refaced. For discussion purposes, even if the sign had not been illegally refaced the sign would not be eligible to have a reface or copy change. Signs which did not comply with the City's old sign code, such as this one, are permitted to remain AS -IS, but any reface or copy change requires that the sign be brought into compliance with the current sign regulations (TMC 19.36.030). The question before the Hearing Examiner: Should the freestanding sign be permitted to exceed the maximum height standard specified by TMC Title 19? VARIANCE CRITERIA The proposed project must comply with criteria detailed in TMC 19.28.030, (1-7), concerning Variance requests. The applicant's response to variance criteria is attached to this staff report as Attachment A. Staff makes the following findings under the city's variance criteria (TMC 19.28.030): 1. The variance as approved shall not constitute a grant of special privilege which is inconsistent with the intent of this sign code. TMC 19.04.020 states the intent of Title 19 "Sign and Visual Communication Code": The purpose of this code is to enhance the City's aesthetic character; to protect the public health, safety and welfare; and to increase the effectiveness of visual communication in the City by providing opportunities for Tukwila businesses, residents and property owners to display signage. The regulations for signs have the following specific objectives: 1. To have signs that attract and invite rather than demand the public 's attention along the City's streetscapes. 2. To have streets that appear orderly and safe, because clutter is minimized. 3. To have signs that enhance the visual environment of the City, because they are in harmony with building architecture and landscape design. 4. To allow business identification that is not unduly hindered by regulatory standards. 5. To ensure typical communication and civic discussion is fostered in the City's residential neighborhoods. 6. To allow signs that utilize high quality construction materials, fine architectural detailing, harmonious proportionality, and that serve a multi -modal environment. Under Title 19 of the TMC, the applicant is provided an allowance of freestanding signage. The H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 7 allowance is based on the total amount of linear frontage along private and public streets. In this case, the subject property is only permitted to have one freestanding sign, which has a maximum message area of 36 square feet and is no taller than six feet (TMC 19.20.040). Many corner properties desire to place freestanding signs at the corner of busy intersections. Placement at the intersection allows the sign to be viewed by motorists traveling on either street. The installation of a monument sign that meets the City height standards is difficult at this location due to the presence of a four foot wall installed by the City as part of the Tukwila International Boulevard improvements (See Figure 11). Figure 11, Wall and base of freestanding sign at intersection of S. 1441 and TIB Figure 12, wall from TIB. The granting of the variance would allow the applicant to raise a sign above the City wall so that it would be visible from the public streets; however, this assumes that the only place to locate a sign on the subject property is at the intersection. H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 8 2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property in order 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. The City wall, which is located within the City's Right of Way, was installed as part of street improvements and has been at its present location since at least 2006. At the time the wall placement did not impact signage on the property because the City's previous sign code allowed freestanding signs to extend up to 35 feet, provided the sign was no taller than any of the buildings on the property where the sign was located. In August of 2010 the City adopted a new sign code. While the City's sign code is generous with signage, the City did move to a monument only requirement for all freestanding signs. Additionally, under the new sign code, the City created grace periods for legally constructed signs that were made non- conforming with the sign code changes. A sign that is covered under a grace period is permitted to have refaces and copy changes until a specific date. After that specific date the sign must be brought into compliance when there is a reface or copy change. The existing freestanding sign on the subject property was non-conforming4 to the previous sign code and therefore does not qualify to be considered under a grace period and cannot be refaced or have a copy change. The applicant has stated that the proposed sign location is the only possible sign location on the property for a freestanding sign that meets his business needs. If indeed this is true, then the applicant is being prevented from having signage that other properties are eligible to install given that all premises are permitted to have at least one freestanding sign. The application lacks details on whether other areas of the property are capable of being used to display freestanding signage. As shown in Figure 1, the property sits at the corner of S. 144th Street and TIB. Access to the property is from both public streets. The access points to the property consume a large amount of frontage available for the placement of freestanding signs. 3. Granting of the 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 property is located. The applicant is proposing to replace an existing sign with a pylon freestanding sign at the corner of a busy intersection (See Attachments B and C). The intersection is controlled by a traffic light. All turning movements at the intersection are controlled. The City's Fire Department has expressed some concerns that the sign could hinder visibility for fire engines as they enter the intersection. Fire engines sit higher than single passenger vehicles and line of sight needs to be maintained higher than needed for a passenger vehicle. The Fire Department has recommended that this issue could be resolved by requiring that the line of sight from above grade be maintained at least eight feet. Attachment B shows a sign with a total height of 17 feet. The sign is designed where the cabinet sits above the pole to which it is attached. The cabinet itself has a height of 10 a The sign is illegal given that it was refaced without a permit. H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 9 feet, thus it appears that the distance between the grade and sign panel is only seven feet. 4. The special conditions and circumstances prompting the variance request do not result from the actions of the applicant. The applicant is proposing to install a sign at the corner of S. 144th Street and TIB. Located at this street corner is a wall which was installed by the City during a road improvement project (See Figures 11 and 12). The applicant did not install the wall; however, the applicant is asking to install a new sign at this location which has visibility issues. While the applicant is not responsible for the condition of the corner, it is unclear from the application if there are other locations on the property suitable for signage. There is a small monument sign already located on the property along TIB (See Figure 9). This sign appears to comply with City's design standards for monument signs (though it was refaced without a permit). The applicant has failed to address the reason why this sign cannot be refaced in lieu of the proposed sign at the corner. The City's Sign Code was also recently amended to permit signage on fuel canopies. The applicant has not addressed if signage on the canopy is a viable option to identify the gas station. In summary, the applicant has not exhausted his signage options before asking for the variance. Figure 13, Existing Fuel Canopy 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. There are several factors to consider when reviewing this variance criterion: Sign Design The applicant is proposing a single pole pylon sign (See Attachment B). As shown, the sign will be 17 H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 10 feet tall and have a total sign area of 40 square feet. The maximum permitted message area for a property of this size is only 36 square feet per side of a freestanding sign. The sign will have a minimum setback of 12 feet, which meets code (See Attachment C). The applicant has claimed that need for the variance is due to the City's wall located at the corner of the property (Figures 11 and 12). As noted, the City's Fire Department has requested that at least eight feet of clearance be maintained from grade to the message area of the sign. Based on the plans provided to the City, it appears that only seven feet of clearance will be provided. Total Number of Allowed Freestanding Signs TMC 19.20.040 only permits the subject property to have one freestanding sign. The applicant already has two freestanding signs on the property, which are depicted in figures 8 and 9). The City understands that the large pylon freestanding sign, shown in Figure 8, will be removed. However, the applicant's intention with regards to the small monument sign, depicted in Figure 9, is unclear. If the variance application is approved it would permit the property to have one additional sign more than what is permitted for similar situated properties. The freestanding signs on the property were all modified without proper permits, making them illegal. Removal of Non -Conforming Signs TMC 19.36.020 establishes a ten year grace period for freestanding signs that complied with the City's previous sign code, but were made non -conforming with the adoption of the new code. The ten year grace period expires in August of 2020. If the variance request is granted, as proposed, it would allow the applicant to maintain a taller sign than what is permitted for other properties along TIB well past August of 2020. This would allow the property owner to have a special privilege denied to other property owners who are required to remove non -conforming signs. 5. The variance request is not inconsistent with any other adopted City plans or policies, including the Zoning Code, Walk and Roll Plan and/or Shoreline Master Program. As stated, the City's Comprehensive Plan envisions that the NCC will transition into a pedestrian friendly environment. This goal is reflected throughout the City's planning documents including the City's sign code. In 1998, the City enacted a revitalization plan for TIB. As part of this revitalization plan, the City set a goal to remove non -conforming signs throughout the Boulevard. The applicant's proposed sign is not necessarily consistent with the City's long term efforts to revitalize TIB. Additionally, the City's non -conforming regulations make it very clear that the City desires to phase out tall signs within the City's commercial districts. 7. Granting of the variance shall result in greater convenience to the public in identifying the business location for which the Sign Code variance is sought. Placing the freestanding sign at the corner would provide greater convenience to the public in identifying the subject property. The sign would be visible from S. 144th Street and TIB. Gas stations have a need to clearly communicate the cost of gasoline to the traveling public. H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 11 CONCLUSIONS 1. The applicant owns a property at the corner of S. 144th Street and Tukwila International Blvd, which is zoned NCC. Several years ago the City placed a small retaining wall at the street intersection. The applicant has claimed that this wall hinders the placement of a freestanding sign on the subject property. In response, the applicant has requested a variance to construct a sign that at 17 feet tall is well above the maximum height permitted for freestanding signs on the property. The sign will be setback 12 feet from the nearest property line and have a message area of 40 square feet. The maximum amount of message area permitted for a freestanding sign on this property is 36 square feet. 2. Pursuant to TMC 19.36.030, the existing freestanding sign shown in Figure 8 is not eligible to have a reface or copy change. 3. It appears that the applicant has not fully exhausted alternative sign options before requesting the variance. For example, could the sign shown in figure 9 be converted to be used as the primary freestanding sign for the property? Could signs be added to the fuel canopies, which are permitted under the City's sign code? These are some of the questions that appear to be lacking from the applicant's application. 4. The applicant's property is small, with most area along the street being utilized for curb cuts. The curb cuts limit the location where freestanding signs can safely be located. The current layout of the site makes granting of the variance likely needed; however, if the use of the site should change the variance may not be needed given that the layout of the property may change. 5. The City is striving to transform the NCC zone into a pedestrian oriented environment. A tall sign, such as what is proposed by the applicant, would not assist the City in achieving this goal. However, the transition effort does take time and this area of the City is still auto dominated. 6. The subject property has a history of installing and refacing existing signage without obtaining the required permits. The existing pylon sign on the premise shown in figure 8 was refaced without a valid sign permit. Additionally, the monument sign depicted in figure 9 was refaced without a valid permit. 7. In staff's opinion that granting of this variance to install a new freestanding sign does not constitute a granting of special privilege in the short term, provided all existing freestanding signs are removed. Staff does believe that the granting of the variance would constitute a special privilege in the long run due to the fact that the property would not have to comply with the ten year grace period outlined in TMC 19.36.020 (C). If approved as presented, the applicant would be able to use the sign indefinitely. Additionally, as outlined in conclusion #3, the City is striving to transform the NCC zone into a pedestrian friendly environment and thus granting this variance would allow a tall sign to remain in a pedestrian friendly environment indefinitely. Staff has proposed a condition to address this concern. 8. The City's Fire Department has expressed concerns that the sign could hinder line of sight as fire H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 12 engines enter the intersection at S. 144th and TIB. To remedy this issue the Fire Department has suggested that the sign maintain a clearance of eight feet above ground level to the bottom of the sign panel. 9. The proposed sign will actually increase convenience to the public in identifying the business location. Placing the sign at the corner of the intersection will allow motorists to quickly identify the property and make decisions about where to turn. RECOMMENDATIONS Staff recommends approval of the variance with the following conditions: 1. Prior to issuance of a sign permit, the applicant shall remove all existing freestanding signs on the subject property. 2. Prior to issuance of a sign permit, the applicant shall obtain a permit for the Boost Mobile sign. If the Boost Mobile sign is too large to comply with the City's sign code requirements, the sign will be removed. 3. As part of the sign permit application, the applicant shall provide scaled plans prepared by a licensed engineer or architect that show the precise design, height and location of the freestanding sign. The engineer's or architect's stamp must be on the drawings and the plans shall be drawn to scale. The sign must maintain a minimum sight clearance from grade to bottom of sign cabinet of eight feet. The sign shall be not taller than 17 feet tall. 4. The sign shall not exceed the maximum message area permitted for the property, which is 36 square feet. 5. This variance shall be valid until September 1, 2022. Until September 1, 2022, the sign may have refaces and copy changes, provided permits are issued by the City as required by TMC 19.12.020. At no time shall the sign be relocated, re -erected, enlarged, or structurally altered in any way, without first obtaining a new variance. In no way is the City obligated to issue a variance in the future. After September 1, 2022, the sign is permitted to remain AS -IS indefinitely. However, relocation, re -erection, alteration, replacement or change in any way to the sign, including the structure or sign panel/face/copy, will require the sign to be brought into full compliance with the City's sign code. In no way does this condition preclude the property owner from requesting a new variance after September 1, 2022. 6. If the property ceases to be used as a gas station the freestanding sign shall be removed. 7. As specified by TMC 19.36.040 (C)(2), the freestanding sign shall be removed in the event of any activity that occurs on the site which triggers design review. 8. The City shall record the Notice of Decision with the King County Records Office. The applicant shall reimburse the City for all incurred recording fees assessed by King County. Reimbursement of the recording fees shall be provided to the City prior to issuance of the required sign permit. H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 13 Notes 1. Sign and electrical permits are still required for the installation of the sign. The Building Division of the Department of Community Development may require structural review for the proposed sign. 2. If the variance is approved, in no way does it limit the City's Police Powers in enforcement the City's sign regulations for any signs that have been installed on the property without a valid permit. H:\DEVELOPMENTS\CHEVERON\FINAL SR.DOC 14 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director August 28, 2012 David Malik 26220 116th AVE SE KENT, WA 98037 RE: 76 Gas Station 14415 Tukwila International Blvd, Tukwila Notice of Public Hearing, PL11-056, L11-057 Dear David Malik: There is a fee due on your permit application in the amount of $115.00 to cover fees associated with mailing the attached public notice. The number of required notices sent for your application was 115 which included property owners and tenants within 500 feet of your project site as well as interested parties and agencies with jurisdiction. The cost is based on the land use fee schedule adopted by Resolution Number 1718 covering Public Notice mailings required for your application. This fee covers the attached notice only. Additional fees may be assessed for future mailings or other review tasks per the fee schedule. This amount needs to be paid before the city can continue processing your permit application. The payment may be paid by cash, check or credit card. The city will accept credit card payments by phone. If paying by check please send the check made out to: City of Tukwila 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 If payment is not received within 15 days of this notice your permit application may be put on hold. If you have any questions, please feel free to contact me at 206 431 3670. Sincerely, Teri Svedahl Administrative Support Technician MD Invoicing Public Mailings.doc Page 1 of 1 08/27/2012 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 Brandon Miles From: Sent: To: Subject: All - Brandon Miles Thursday, July 'Patrick Ha RE: Pac , 2012 11:33 AM ; 'David Malik' Chevron, 14415 TIB 4)3 -6,43-4,12 Here are the items that I wo • like to cover today when we talk: 1. Hearing Date and Logistics 2. Other signs on the property and the status. a. The site is only permitted to have one freestanding sign; however the variance application fails to discuss the 2nd freestanding sign on the property. Why can't this sign be converted into the fuel signage sign? If the sign cannot be converted, it will need to be removed. 3. One of the criteria's of the variance, "The variance granted represents the least amount of deviation from the prescribed regulations..." If the need for the variance is because of the four foot wall, why does the sign need to be over 17 feet tall? For discussion purposes, if the wall does necessitate the need for a variance, wouldn't the proper height increase simply be four feet higher than what is permitted under the code? This would allow the sign to have clearance above the wall. ti1'-' it ;k le As a reminder, City staff does not approve variance applications. The applications are reviewed and approved by an independent Hearing Examiner. I think that the Hearing Examiner may have the same questions that staff is posing. David, I'll see you at 2:00 PM. Patrick, we'll call you when we are set. Regards, Brandon J. Miles, Senior Planner City of Tukwila Department of Community Development (206) 431-3684 Brandon.MilesTukwilawa.gov From: Patrick Hanis fmailto:Dhanis©hiplawfirm.coml Sent: Tuesday, July 24, 2012 4:19 PM To: Brandon Miles; 'David Malik' Subject: RE: Pacific Chevron, 14415 TIB Sounds good. Connected by DROID on Verizon Wireless -----Original message ok cowl i From: Brandon Miles <Brandon.Miles@ i ukwilaWA.dov> To: Patrick'Hanis <phanis@hidlawfirm.com>, &apos;David Malik&apos; <dpmalik@hotmail.com> Sent: Tue, Jul 24, 2012 23:14:17 GMT+00:00 Subject: RE: Pacific Chevron, 14415 TIB That works for me. I have to be in Seattle by 4pm. Patrick could you we conference you in? Brandon From: Patrick Hanis jmailto:phanis©hiplawfirm.coml Sent: Monday, July 23, 2012 5:10 PM To: Brandon Miles; 'David Malik' Subject: RE: Pacific Chevron, 14415 TIB I can do 2:00 on Thursday. From: Brandon Miles fmailto:Brandon.Miles@TukwilaWA.govl Sent: Monday, July 23, 2012 4:50 PM To: 'David Malik'; Patrick Hanis Subject: RE: Pacific Chevron, 14415 TIB All - I will be out of the office on Friday. What about Wednesday afternoon or Thursday, any time before 4pm? To answer your earlier question, the reason I would like to meet is to discuss the City's concern with the application and to discuss possible hearing dates. Regards, Brandon J. Miles, Senior Planner City of Tukwila Department of Community Development (206) 431-3684 Brandon.Miles@Tukwilawa.gov From: David Malik f mailto:dpmalik@hotmail.com] Sent: Monday, July 23, 2012 10:13 AM To: Pat Hanis; Brandon Miles Subject: RE: Pacific Chevron, 14415 TIB i am fine. Brandon please conform, thanks Regards, David Malik Phone (206)841-3355. From: phanis@hiplawfirm.com To: dpmalik@hotmail.com; brandon.miles@tukwilawa.gov 2 Date: Mon, 23 Jul 2012 09:49:13 -0700 Subject: RE: Pacific Chevron, 14415 TIB How about Friday at 10:00 am? <div style="border:none; border-top:solid #B5C4DF 3 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director 06-07-2012 STEVE THOMSON Insignia Sign PO BOX 2849 RENTON WA 98056 RE: Request for Public Record RP R 12-083 14415 Tukwila Intl Blvd, Chevron Sign Dear Steve Thomson: The Department of Community Development received your request for public record/documents on 06/07/2012. The Revised Code of Washington (RCW) requires prompt responses to requests for public record. The City has five (5) business days in which to respond by: 1) Providing for inspection and/or copying of the record(s); 2) Acknowledging receipt of the request and providing a reasonable estimate of the time necessary to respond; or 3) Denying the request. If a request is denied, a written statement must accompany the denial setting out the specific reasons therefore. The information you have requested is being coordinated by Senior Planner, Brandon Miles, and, once gathered, the documents may be forwarded to the City Attorney's Office for review to ensure no portions of the documents are exempt from the public records statute. We anticipate having the documents ready for your review on or before 06/28/2012. We will notify you as soon as the records are available. Your time and patience are appreciated as we work to fulfill your request. Sincerely, Teri Svedahl Department of Community Development Cc; Brandon Miles, Senior Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 Brandon Miles From: Brandon Miles Sent: Monday, June 04, 2012 9:49 AM To: 'David Malik' Subject: RE: Variance Application Mr. Malik - The City received the items listed below on May 31, 2012. There still is one item that has not been addressed from the City's January 23, 2012 letter. In the letter the City asked that you provide a map showing all existing and proposed signs (both freestanding and wall signs). This has not been provided to the City. When will this be provided to the City? Thanks, Brandon From: David Malik jmailto:dpmalik©hotmail.coml Sent: Friday, June 01, 2012 10:10 AM • To: Brandon Miles Subject: RE: Variance Application Good morning, We have submit revise plan and letter from my attorney to City of Tukwila, if you need more information, please let me know? Regards, David Malik Phone (206)841-3355. From: Brandon.Miles@TukwilaWA.ciov To: dpmalik@hotmail.com Subject: Variance Application Date: Thu, 24 May 2012 18:24:19 +0000 Mr. Malik - Please see the attached letter that will be mailed on Friday. Regards, Brandon Brandon J. Miles, Senior Planner City of Tukwila Department of Community Development (206) 431-3684 Brandon. Miles@Tukwilawa.pov 1 City of Tukwila REVISION SUBMITTAL Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Web site: http://www.TukwilaWA.gov Revision submittals must be submitted in person at the Permit Center. Revisions will not be accepted through the mail, fax, etc. Date: 5 3 /a Plan Check/Permit Number. L ` / - Response to Incomplete Letter # Response to Correction Letter # r Revision # after Permit is Issued Revision requested by a City Building Inspector or Plans Examiner Project Name: Project Address: Contact Person: w 5 'rz.A.1<:c,..) "( Phone Number:��v Summary of Revision: L' /CL-nW k AJ t� Sheet Number(s): "Cloud" or highlight all areas of revision including date of revisi Received at the City of Tukwila Permit Center by: b51( Entered in Permits Plus on H:\Applications\Forms-Applications On Line \2010 Applications\7-2010 - Revision Submittal.doc Revised: May 2011 City of Tukwila Jim flaggerton, Mayor Department of Community Development Jack Pace, Director May 24, 2012 Via Certified and Regular Mail David Malik 26220 116th Ave Kent, WA 98037 RE: Pacific Chevron, Sign Variance (L11-057) 14415 Tukwila International Blvd Final Notice Dear Mr. Malik: 0n January 23, 2012, the City provided you a correction letter for the above variance application. A copy of that letter is attached. The January 23, 2012 was a correction letter that required your attention in order for the variance application to be continued to be processed by the City. As was noted in the letter, Tukwila Municipal Code requires that you respond to a correction letter within 90-days of the date of the letter. As of today, no response has been provided to the City. This letter constitutes your final notice to respond to the City's January 23, 2012 notice. Please provide all the information requested by the City no later than 5pm on June 7. 2012. If the materials are not provided, the City will cancel the permit application. If you have any questions, please call me at (206) 431-3684 or send an email to Brandon.Miles@ Tukwilawa.gov. Sincerely, Brandon J. Miles Senior Planner cc. Nora Gierloff, Deputy Director File (L11-057) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 SENDER: COMPLETE THIS SFCT70%, • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front if space permits. rl 1. Article Addressed to: DAVID MALIK 26220 — 116thAve SE Kent WA 98037 2. Article Number (77ansfer from service labeO PS Form 3811, February 2004 c:1 r-q ru ru ti— m N SECTION ON DELIVER? A74Sig ire X B. R - ved by ( Printed Name) = 4 D. Is delivery address different from item If YES, enter delivery address below: 0 Agent 0 Addressee 0 ho very 3. Service Type Certified Mali 0 Express Mall Registered Retum Receipt for Merchandise 0 Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7006 3450 0001 6739 2210 Domestic Return Receipt U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic gall Only: No Insurance Coverage Prov! For delivery information visit our website Postage Certified Fee Return Heceipi Fee (firidorsernent Required) Restricted Deilveiy Fee (F.ndorsement Required) Total Peer _am DAVID MALIK 1 Sent 26220 — 116th Ave SE CM r r Kent WA 98037 cif:1E4'6;4;4hr 1 City State. Postmark Here ‘.4 PS for 3iM0 AxIgtts4 ViVi3 - Reverse for ingttUCtiOil8 102595-02-M-1540 City ct Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director January 23, 2012 David Malik 26220 116th Ave Kent, WA 98037 RE: Pacific Chevron 14415 Tukwila International Blvd Sign Variance Application (L11-057), Correction Letter #1 Dear Mr. Malik: On December 21, 2011 the City notified you that your sign variance application was complete. On that same day the application was routed to the City's Fire, Public Works and Building Departments for review. As required by the City's Sign Code, a Notice of Application was mailed to all property owners and tenants within 500 feet of your property. Based on our meetings with you City staff understands the reasoning behind your variance request application; however we are not the decision makers for the request. The variance application is required to be reviewed by the City's Hearing Examiner. The Hearing Examiner is an independent official who will review the application essentially as a land use judge and the Hearing Examiner's decision will be based on how well your application meets the specific criteria found in Tukwila Municipal Code ("TMC") 19.28.030. The materials you have provided do not provide enough background information to allow this application to be taken to the Hearing Examiner. Below are specific items that need to be addressed with your application before it can be scheduled for a hearing: 1. The response you have provided to the criteria in TMC 19.28.030 is insufficient. You have provided conclusion statements to each of the criteria without providing any factual support. The narrative is your opportunity to "sell" your position to the Hearing Examiner. A concise and well thought out narrative will drastically assist the Hearing Examiner in reviewing the variance application. If the Hearing Examiner is unable to determine how your application complies with the applicable criteria, the application could be denied or the Hearing Examiner may delay acting on the request until additional information is provided. 2. You need to provide a scaled drawing showing the exact design of the proposed sign. As you are aware, one of the criteria by which the application will be evaluated is that the sign will not be "...detrimental to the public welfare". Staff is unable to determine if you meet this criteria with the materials submitted. The City needs verification that lowering the sign will not impact the sight distance triangle at the corner of S. 144th Street and Tukwila International Blvd ("TIB"). 3. Please provide a map showing all the existing and proposed signs (both freestanding and wall signs) for the Chevron station. In your meeting with Nora Gierloff, Deputy Director, you indicated that with the exception of the pylon sign, all signs on the site would be brought up to code. Staff is unable to determine if the remaining signs on the site are being brought up to code based upon the information provided. 4. Please provide the total sign area of the proposed pylon sign. Your variance request appears to only be for height, but you will likely also need to include the sign area in the variance request. Your narrative, as discussed in the first bullet point of this letter, will need to address both the height and area deviations. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 Staff will schedule the variance application before the Hearing Examiner once you have responded to this letter and provided the information requested. Please note that pursuant to TMC 19.12.060 (D), the City shall cancel a sign permit application if the City does not receive a request to any correction letter within 90-days of the date of the letter. If you should have any questions or like to meet to discuss, please contact me by phone at (206) 431-3684 or via email at Brandon.Miles@Tukwilawa.gov. Sin ely, ran on . Miles Senior Planner cc. Nora Gierloff, Deputy Director File (L11-057) Page 2 of 2 Brandon Miles From: Brandon Miles Sent: Tuesday, February 14, 2012 5:30 PM To: David Malik (dpmalik@hotmail.com) Cc: Nora Gierloff Subject: Variance Application Mr. Malik - I wanted to touch base with your on your variance application and the outstanding correction letter. If I can get a response to the correction letter by March 1, 2012 we might be able to make a hearing in mid -April. If you would like to sit down and discuss the correction letter, please let me know. Best Regards, Brandon Brandon J. Miles, Senior Planner City of Tukwila Department of Community Development (206) 431-3684 Brandon.Miles@ Tukwilawa.gov 1 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director January 23, 2012 David Malik 26220 116t Ave Kent, WA 98037 RE: Pacific Chevron 14415 Tukwila International Blvd Sign Variance Application (L11-057), Correction Letter #1 Dear Mr. Malik: On December 21, 2011 the City notified you that your sign variance application was complete. On that same day the application was routed to the City's Fire, Public Works and Building Departments for review. As required by the City's Sign Code, a Notice of Application was mailed to all property owners and tenants within 500 feet of your property. Based on our meetings with you City staff understands the reasoning behind your variance request application; however we are not the decision makers for the request. The variance application is required to be reviewed by the City's Hearing Examiner. The Hearing Examiner is an independent official who will review the application essentially as a land use judge and the Hearing Examiner's decision will be based on how well your application meets the specific criteria found in Tukwila Municipal Code ("TMC") 19.28.030. The materials you have provided do not provide enough background information to allow this application to be taken to the Hearing Examiner. Below are specific items that need to be addressed with your application before it can be scheduled for a hearing: 1. The response you have provided to the criteria in TMC 19.28.030 is insufficient. You have provided conclusion statements to each of the criteria without providing any factual support. The narrative is your opportunity to "sell" your position to the Hearing Examiner. A concise and well thought out narrative will drastically assist the Hearing Examiner in reviewing the variance application. If the Hearing Examiner is unable to determine how your application complies with the applicable criteria, the application could be denied or the Hearing Examiner may delay acting on the request until additional information is provided. 2. You need to provide a scaled drawing showing the exact design of the proposed sign. As you are aware, one of the criteria by which the application will be evaluated is that the sign will not be "...detrimental to the public welfare". Staff is unable to determine if you meet this criteria with the materials submitted. The City needs verification that lowering the sign will not impact the sight distance triangle at the corner of S. 144th Street and Tukwila International Blvd ("TIB"). 3. Please provide a map showing all the existing and proposed signs (both freestanding and wall signs) for the Chevron station. In your meeting with Nora Gierloff, Deputy Director, you indicated that with the exception of the pylon sign, all signs on the site would be brought up to code. Staff is unable to determine if the remaining signs on the site are being brought up to code based upon the information provided. 4. Please provide the total sign area of the proposed pylon sign. Your variance request appears to only be for height, but you will likely also need to include the sign area in the variance request. Your narrative, as discussed in the first bullet point of this letter, will need to address both the height and area deviations. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 Staff will schedule the variance application before the Hearing Examiner once you have responded to this letter and provided the information requested. Please note that pursuant to TMC 19.12.060 (D), the City shall cancel a sign permit application if the City does not receive a request to any correction letter within 90-days of the date of the letter. If you should have any questions or like to meet to discuss, please contact me by phone at (206) 431-3684 or via email at Brandon.Miles@Tukwilawa.gov. Sin ely, ran on J. Miles Senior Planner cc. Nora Gierloff, Deputy Director File (L11-057) Page 2 of 2 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director January 11, 2012 DAVID MALIK 26220 — 116th AVE SE KENT WA 98037 RE: Sign Variance Application Notice of Application, PL11-056, L11-057 14415 Tukwila International Blvd, Tukwila WA PY' Dear David Malik: There is a fee due on your permit application in the amount of $114.00 to cover fees associated with mailing the attached public notice. The number of required notices sent for your application was 114 which included property owners and tenants within 500 feet of your project site as well as interested parties and agencies with jurisdiction. The cost is based on the land use fee schedule adopted by Resolution Number 1718 covering Public Notice mailings required for your application. This fee covers the attached notice only. Additional fees may be assessed for future mailings or other review tasks per the fee schedule. This amount needs to be paid before the city can continue processing your permit application. The payment may be paid by cash, check or credit card. The city will accept credit card payments by phone. If paying by check please send the check made out to: City of Tukwila 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 If you have any questions, or would like to make the payment via credit card over the phone, please feel free to contact me at 206. 431. 3670. Sincerely, Teri Svedahl Administrative Support Technician Cc: Brandon Miles, Senior Planner MD Invoicing Public Mailings.doc Page 1 of 1 01/09/2012 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-43 1 -3670 Fax: 206-431-3665 Web site: http://www.TukwilaWA.iov RECEIPT Parcel No.: 0040000136 Permit Number: L11-057 Address: 14415 TUKWILA INTERNATIONAL BL TUKW Status: PENDING Suite No: Applied Date: 12/07/2011 Applicant: DAVID MALIK Issue Date: Receipt No.: R12-00144 Initials: User ID: LAW 1632 Payment Amount: $114.00 Payment Date: 01/12/2012 04:06 PM Balance: $0.00 Payee: DAVID MALIK TRANSACTION LIST: Type Method Descriptio Amount Payment Credit Crd VISA Authorization No. 00548D ACCOUNT ITEM LIST: Description 114.00 Account Code Current Pmts MAPS/PUBLIC/MAILING 000.341.500 114.00 Total: $114.00 doc: Receiot-06 Printed: 01-12-2012 eitrq al J uP> wi&a Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl , HEREBY DECLARE THAT: x Notice of Application Notice of Decision Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was mailed to each of the addresses listed/attached on this 11 day of January , 2012 Project Name: David Malik, Sign Variance, Chevron @ TIB & 144 ST Project Number: PL11-056 Associated File Number (s): L11-057 Mailing requested by: Bra Mile Mailer's signature: 7/Pr'_/(_\_��' W:\USERS\TERI\TEMPLATES-FORMS\AFFIDAVIT OF DISTRIBUTION.DOC Site Locatio 14415 Tul City of Tukwila Notice of Application Pacific Chevron (Union 76)-14415 Tukwila International Blvd Location: 14415 Tukwila International Blvd, Tax parcel #004000-0136 File #: LI1-057 Applicant: David Malik Property Owners: APNA INVESTMENTS GROUP LLC Project Planner: Brandon Miles, Senior Planner, (206) 431- 3684 or Brandon.Miles@Tukwilawa.gov Project Description: Sign variance application to install a freestanding sign that exceeds the height and area limitations of the City's sign code. The sign is proposed to be placed at the SW corner of Tukwila International Blvd and S.144th Street. Comments and Appeals: The application is available for review at the City of Tukwila, Department of Com- munity Development (DCD), located at 6300 Southcenter Blvd #100. Your written comments on the project are requested and can be delivered to DCD, 6300 Southcenter Blvd., Ste 100, Tukwila, WA 98188 Com- ments must be received by 5:OOpm on January 25, 2012. A public hearing is required and you will receive a separate Notice for the Hearing You may request a copy of any decision, information on hearings, and your appeal rights by calling206-431-3684. You are receiving this notice because you live, work or own property within 500ft of the project site. City of Tukwila Notice of Application Pacific Chevron (Union 76)-14415 Tukwila International Blvd Location: 14415 Tukwila International Blvd, Tax parcel #004000-0136 File #: L11-057 Applicant: David Malik Property Owners: APNA INVESTMENTS GROUP LLC Project Planner: Brandon Miles, Senior Planner, (206) 431- 3684 or Brandon.Miles@Tukwilawa.gov Project Description: Sign variance application to install a freestanding sign that exceeds the height and area limitations of the City's sign code. The sign is proposed to be placed at the SW corner of Tukwila International Blvd and S.144th Street. Comments and Appeals: The application is available for review at the City of Tukwila, Department of Com- munity Development (DCD), located at 6300 Southcenter Blvd #100. Your written comments on the project are requested and can be delivered to DCD, 6300 Southcenter Blvd., Ste 100, Tukwila, WA 98188 Com- ments must be received by 5:OOpm on January 25, 2012. A public hearing is required and you will receive a separate Notice for the Hearing You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3684. You are receiving this notice because you live, work or own property within 500ft of the project site. City of Tukwila Notice of Application Pacific Chevron (Union 76)-14415 Tukwila International Blvd Location: 14415 Tukwila International Blvd, Tax parcel #004000-0136 File #: L11-057 Applicant: David Malik Property Owners: APNA INVESTMENTS GROUP LLC Project Planner: Brandon Miles, Senior Planner, (206) 431. 3684 or Brandon.Miles@Tukwilawa.gov Tukwilawa.gov Project Description: Sign variance application to install a freestanding sign that exceeds the height and area limitations of the City's sign code. The sign is proposed to be placed at the SW corner of Tukwila International Blvd and S.144th Street. Comments and Appeals: The application is available for review at the City of Tukwila, Department of munity Development (DCD), located at 6300 Southcenter Blvd #100. Your written comments on the project are requested and can be delivered to DCD, 6300 Southcenter Blvd., Ste 100, Tukwila, WA 98188 Com- ments must be received by 5:O0pm on January 25, 2012. A public hearing is required and you will receive a separate Notice for the Hearing You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3684. You are receiving this notice because you live, work or own property within 500ft of the project site. City of Tukwila Notice of Application Pacific Chevron (Union 76)-14415 Tukwila International Blvd Location: 14415 Tukwila International Blvd, Tax parcel #004000-0136 File #: L11-057 Applicant: David Malik Property Owners: APNA INVESTMENTS GROUP LLC Project Planner: Brandon Miles, Senior Planner, (206) 431- 3684 or Brandon.Miles@Tukwilawa.gov Project Description: Sign variance application to install a freestanding sign that exceeds the height and area limitations of the City's sign code. The sign is proposed to be placed at the SW corner of Tukwila International Blvd and S.144th Street. Comments and Appeals: The application is available for review at the City of Tukwila, Department of Com- munity Development (DCD), located at 6300 Southcenter Blvd # 100. Your written comments on the project are requested and can be delivered to DCD, 6300 Southcenter Blvd., Ste 100, Tukwila, WA 98188 Com- ments must be received by 5:OOpm on January 25, 2012. A public hearing is required and you will receive a separate Notice for the Hearing You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3684. You are receiving this notice because you live, work or own property within 500ft of the project site. City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 4otice of Application: January 11, 2012 City ofTukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 Notice of Application: January 11, 2012 City ofTukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 ,Iotice of Application: January 11, 2012 Notice of Application: January 11, 2012 Teri Svedahl From: Brandon Miles Sent: Friday, January 06, 2012 2:20 PM To: Teri Svedahl Subject: RE: Public Notice for Pacific Chevron, L11-057 Attachments: Notice of Application Postcard.pub Here you go. I have it dated for next Wednesday (1/11), does that work? Brandon From: Teri Svedahl Sent: Wednesday, December 28, 2011 1:59 PM To: Brandon Miles Subject: RE: Public Notice for Pacific Chevron, L11-057 I'm ready. I made a map for the postcard. Just need the post card with space open for the map. Ted&Svedah' Administrative Support Technician City Of Tukwila, Building & Planning 6300 Southcenter Boulevard Ste 100, Tukwila WA 98188 206.431.3670 Please note new email address: Teri.Svedahl@Tukwilawa.gov From: Brandon Miles Sent: Wednesday, December 21, 2011 1:50 PM To: Teri Svedahl Subject: Public Notice for Pacific Chevron, L11-057 Teri - Can you get mailing labels ready to go for L11-057? Thanks, Brandon Brandon J. Miles, Senior Planner City of Tukwila Department of Community Development (206) 431-3684 Brandon.Miles@Tukwilawa.gov I will be out of the office from December 26, 2011 until January 3, 2012. 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144TH ST Apt 214 TUKWILA WA 98168 COLONIAL GARDENS COMMUNITY MEMBER 3465 S 144TH ST Apt 215 TUKWILA WA 98168 COLONIAL GARDENS COMMUNITY MEMBER 3465 S 144TH ST Apt 216 TUKWILA WA 98168 COLONIAL GARDENS COMMUNITY MEMBER 3465 S 144TH ST Apt 217 TUKWILA WA 98168 COLONIAL GARDENS COMMUNITY MEMBER 3465 5 144TH ST Apt 218 TUKWILA WA 98168 COLONIAL GARDENS COMMUNITY MEMBER 3465 5 144TH ST Apt 219 TUKWILA WA 98168 COLONIAL GARDENS COMMUNITY MEMBER 3465 5 144TH ST Apt 220 TUKWILA WA 98168 COLONIAL GARDENS COMMUNITY MEMBER 3465 S 144TH ST Apt 221 TUKWILA WA 98168 COLONIAL GARDENS COMMUNITY MEMBER 3465 S 144TH ST Apt 222 TUKWILA WA 98168 COLONIAL GARDENS COMMUNITY MEMBER 3465 S 144TH ST Apt 223 TUKWILA WA 98168 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION December 21, 2011 Mr. David Malik 26220 116th Ave Kent, WA 98037 RE: Pacific Chevron 14415 Tukwila International Blvd Sign Variance Application (L11-057) Dear Mr. Malik: The City received your sign variance application on December 7, 2011. On December 16, 2011 the City called you to inform you that the check you provided to the City did not clear due to insufficient funds. On that same day the City's Finance Department was provided a credit card payment for the variance fee and the insufficient fund charge. Notice of Complete Application Your application material submitted to the City is considered complete as of December 16, 2011 (the date in which the fee was provided to the City). This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in its estimation such information is necessary to ensure the project meets the substantive requirements of the City code or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by the City of Tukwila and/or other agencies. The application has been routed to other City Departments for their review. Once the other Departments have completed their review staff will be in contact regarding next steps in moving the application forward. If you have any questions with this matter you may call me at (206) 431-3684 or send an email to Brandon.Miles@Tukwilawa.gov. Sinserel Brandon J. Miles Senior Planner cc. File (L11-057) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 CITY O''UKWILA 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 SIGN CODE VARIANCE APPLICATION FOR STAFF USE ONLY Permits Plus Type: P-VAR Planner: File Number: L (1 - 0 5-1 Application Complete (Date: ) Project File Number: PLA /— 65(4 Application Incomplete (Date: ) Other File Numbers: 5 ,S'— og) NAME OFPROJECT/DEVELOPMENT: ?plc I Fc_ GH Fc Ve0ri . C/76( `S74—cit�y7� DEC 07 26111 c0ndfMUN.T( DEVELOP►i.EWT LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 0-41C lLA3—N (\fPiINPrL �3LVe 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: Address: (9,X0 11 6 Tr( j/ KIz N I W I t Bo / Phone: b B41 ' FAX: C� clad. 30c9, G/ E-mail: "4 M .t1( H O ii1 Signature: Date: 1 c9Nr- S " I W: \ Forms \ Applications, Land Use\2011 Applications\SIGN APPLICATIONS\Sign Variance-Jan2011.docm COMPLEI.:;, APPLICATION C..IECKLI ST The materials listed below must be submitted with your application unless specifically waived in writing by the Department of Community Development. Application review will not begin until the application is determined to be complete. 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. Department of Community Development Planning staff can help you prepare your application for submittal. Please contact (206) 431-3670 to discuss any specifics with the required application submittal. Check items submitted �5'��98�# � � "Y application Information Required Maybe waived in uixttsual cases, upon appro l of botli Public Works aid Planning ��a� ap+*) � "... .'� v^8 � 'hk' 2� #���•' �' 4� � $���� ' w^"' ��'Y ?'� ':�f iF,„ 'v` e 1 .s" � 'vk � � b ,`� APPLICATION MATERIALS: 1. Three copies of this application form, completed, notarized and signed. 2. Three copies of a dimensioned and scaled site plan showing property lines, streets, buildings, parking areas and the location of all existing and proposed signs on the premises, including both building - mounted and freestanding signs. Highlight the change requested through the variance. Generally, the City will not require site plans to be prepared by a licensed surveyor; however, the City shall have the authority to require a site plan prepared by a Washington State Licensed Surveyor if such site plan will assist in the City's review of the proposed application. 3. Three copies of scaled and dimensioned drawings of the proposed sign or signs with area calculations. 4. If building -mounted signs are proposed, three copies of a scaled elevation of the building walls where the signs will be located indicating the location and extent of the exposed building face used to calculate the sign area. 5. If freestanding signs are proposed, scaled and dimensioned drawing with height calculations. 6. Three copies of a scaled and dimensioned building profile, if projecting signs are proposed. 7. Method of illumination, if proposed. 8. Details for any dynamic portions of the proposed signs. 9. Written narrative responding to the seven variance criteria found in Section 19.28.030 (See Attached). This is your opportunity to present the merits of your request. 10. Provide an excel spreadsheet of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. Each unit in multiple family buildings e.g. apartments, condos, trailer parks --must be included. Once you're project is assigned to a planner, you will be required to provide an electronic copy of the mailing label spreadsheet in the following format: Name, Street Address, City St Zip, with each of these fields as an individual column. Name Street Address City, St, Zip Mr. Smith 1234 Park Ave S Tukwila WA 98168 If providing own labels, include King County Assessor's map(s) which shows the location of each property within 500 ft. of the subject lot. Alternately you may pay the City to generate the mailing labels, see the Land Use Fee Schedule. 11. Mailing Fee: The City will assess a fee for each notice mailed according to the Public Notice Mailing Fee in the Land Use Fee Schedule. Payment of this fee is due prior to issuance of the decision. 12. Payment of application fee as established in the City's current fee schedule. The applicant is also responsible for paying the Hearing Examiner costs before issuance of the decision. W:\Forms\Applications, Land Use\2011 Applications\SIGN APPLICATIONS\Sign Variance-Jan2011.docm 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 SIGN CODE VARIANCE INFORMATION A sign variance is an exception to a standard in the sign code, which if granted, allows an applicant to install a sign that could not otherwise be legally built. Common examples of a variance include requesting a deviation from minimum setback provisions or the maximum height permitted for a sign. A sign variance is typically applied for due to physical contraints that make it impossible to install signage that fully complies with the terms of the sign code. Such physical contraints could include the shape of the site or the grades on the site or adjacent property. REQUIREMENTS: The criteria for a Sign Code Variance are located on the back of the application. The request for the variance must meet all of the criteria in order for the hearing examiner to approve the request. Variances cannot be requested to allow a sign type that is prohibited under the Sign Code. 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. The Hearing Examiner will hold a Public Hearing before making a decision. A project's hearing date is determined when all application materials have been submitted and the application is determined to be complete. Staff will review the application, meet with the applicant as needed, and formulate a recommendation to the Hearing Examiner. The Hearing Examiner will approve, deny or conditionally approve the variance request based on review criteria presented in the application packet. If the variance is approved you must then submit for a sign permit to actually install the sign that was approved. Talk to your project planner about what is required to submit for the actual sign permit. W:\Forms\Applications, Land Use\ 2011 Applications\SIGN APPLICATIONS\Sign Variance-Jan2011.docm CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@iti.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON ss COUNTY OF KING .yf r M DEC 0720111 V L• E,1T 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 City, its employees, agents, engineers, contractors or other representatives -the right to enter upon Owner's real property, located at t4-}'1 S 1u iS. W (lam _TN ifikle J4 L f `.0 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. 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 (city), (state), on , 20 "DAV)D MA1-1I( (Print Name) Al. AA0 JI .6 ?71 A•✓JFc (Address) (Phone Number) O`r' to . 84 • 3 3 -SS (Signature) On this day personally appeared before me 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 DAY OF , 20 NOTARY PUBLIC in and for the State of Washington residing at My Commission expires on W:\Forms\Applications, Land Use\2011 Applications\SIGN APPLICATIONS\Sign Variance-Jan2011.docm City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.TukwilaWA.gov RECEIPT Parcel No.: 0040000136 Permit Number: L11-057 Address: 14415 TUKWILA INTERNATIONAL BL TUKW Status: PENDING Suite No: Applied Date: 12/07/2011 Applicant: DAVID MALIK Issue Date: Receipt No.: R11-02664 Initials: User ID: CPL 1661 Payment Amount: $2,865.00 Payment Date: 12/07/2011 04:22 PM Balance: $0.00 Payee: PACIFIC BP CHECK TRANSACTION LIST: Type Method Descriptio Amount Payment Check 14072 2,865.00 Authorization No. ACCOUNT ITEM LIST: Description Account Code Current Pmts MAPS/PUBLIC/MAILING ZONING/SUBDIVISION 000.341.500 000.345.810 Total: $2,865.00 400.00 2,465.00 doc: Receipt-06 Printed: 12-09-2011 • To whom it may concern. Applicant is willing to reduce the sign height 5' to keep the sign above the wall build on the corner by city of Tukwila. Applicant is asking the variance because applicant was promises to have a grandfather setback on sign, landscaping, and espresso building. 1) No special privilege to applicant. 2) Variance is necessary because city of Tukwila build 4' wall on the corner and now monument sign cannot be on the corner wall obstruct the view. 3) 3) Granting a variance will help to keep the competitive price to public welfare. 4) No special circumstances cause prompt by applicant. 5) Granting of the variance shall result in greater convenience to the public in identifying the business location. 1N31"doT3n3a IIOZ 0 330 Q(- 1�j ad aa..+�J..i .: AVir2.ti CRT 1 Fraill."...iA Zits 0OUTN CENTER LOCATION: 14415 PACIFIC HWY. S. TULWILA, WASHINGTON CONTACT PERSON: ROGER OLLENBURG ZONING: C2 BUILDING CODE: UBC 1994 OCCUPANCY CLASSIFICATIONS CONVENIENCE STORE: M SERVICE STATION: S-3 CONSTRUCTION TYPES V—N CONVENIENCE STORE: , GAS CANOPY: V—N SEISMIC ZONE: 3 BUILDING AREAS: CONVENIENCE STORE: 1,736 SQ FT GAS CANOPY: N/A TOTAL SITE AREA: 27,155 SQ FT NET IMPERVIOUS AREA: 18,901 SQ FT NET LANDSCAPE AREA: 8,254 SQ FT NET PARKING SPACES FULL SIZE STRIPED: 7 HC VAN ACCESSIBLE: 1 TOTAL SPACES 8 TOTAL REQUIRED (1/300) 6 LiFIXOft sd t .LPIE' lav�c SIDEWALK Scope of Work ALTERATION OF AN EXISTING SERVICE STATION FACILITY INCLUDING THE FOLLOWING: 1. REMODEL AN EXISTING BUILDING FOR USE AS A CONVENIENCE STORE. INCLUDING NEW STOREFRONT, WALKWAY AND TRASH ENCLOSURE. SOUTH 144TH STREET S 8T35'33" E 193.36' DRIVEWAY W Z TIMM D'Li.D • GONG. RAF AREA OF WORK ix x 26SERVIee STATION (TO re As PETAL) MTN cart. WALK coltitz 4 / SITE PLAN ♦ \ • • • 30' N 87'35'33" W SSEQ / 0 ir s�• a 0 0 D J DEC 07 20111 — SPI Lacy olA 5 id EAL: project MLK9612 file no: 9612-1 drawR 0 /b'c checked by: R 0 dates: DESIGN REVIEW 07/29/96 PERMIT REVIEW BID SET CONSTRUCTION SET 1 Q 1998 ROGER OLLENBURG sheet: 1 of 1 J SOUTH 144TH 'TREET e SIDEWALi( • . SITt. PLAN IDRI'EWAY /6 \\$ % <�t�_ • 17� NN Jy� 144'S-- T/J • ZOKcvvi(A4 616-6 Grim c1 ID Si #»t1� ./YEW S//'M SGAI F: W_0„ PROJECT DESCRIPTION INSTALLATION OF NEW SIGNAGE FOR CHEVRON GAS STATION TENANT: CHEVRON DAVID MALIK 14415 TUKWILA INT'L BLVD S. TUKWILA, WA 98188 PROJECT DATA PARCEL NO. ZONING OCCUPANCY BLDG. CONST. TYPE SITE AREA PROJECT AREA 02-21282-039 C-2 M, S-3 TYPE V-N 27,155 9 SQ. Fr. WY 518 VICINITY MAP NTS INSTALATION OF NEW SIGN 14415TUKWILA INT'L BLVD S. TUKWILA, WA 98188 1 in N N W ( S87'35'33"E 193.38' SIDEWALK o EXIST. z CONVINIENCE STORE i DRIVEWAY EXIST 12'X16' ESPRESSO STAND REPLACING EXIST. POLE SIGN WITH NEW ONE ON EXIST. 18"X72"X16" CONC. BASE EXISTING COV'D FUELING ISLAND & CANOPY N87'35'33"W 30.00 SITEPLAN 20' GRAPHIC SCAT,F, 0 10' 20' MIMI (INS') 1 inch = 20 ft. URBAN DESIGN GROUP hereby reserves it's common law copyright and other property rights in these plans, ideas and designs. These ideas, designs and plans are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party, without first obtaining the express written permission from URBAN DESIGN GROUP. Written dimensions on these shall have precedence over scale dimensions. Contractors shall verify and be responsible for all dimensions and conditions of the job and URBAN DESIGN GROUP must be notified in writting of any variation from the dimensions, conditions and specifications construction shown by these drawings. All shall be in accordance with the standard building code. (SBCCI) an state and local codes. COPYRIGHT© 2010 URBAN DESIGN, INC. U W 0 0_ Q U 0 4 a 3 0 ce U) c N 0 -0 c 0 .a L 0 �i 0 N CO I 00 r7 CO O 0 N 0- DRAWN BY: AVA DATE ISSUED: 04/12/12 MODIFIED BY: AVA ENGINEER: ANTSEY REVISION REVISION Project No.: SHEET RECEIVED MAY 31 20121 COMMUNITY DEVELOPMENT OF Attachment C