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HomeMy WebLinkAboutCOW 2012-05-14 Item 4A - Ordinance / Resolution - Sign Code and Associated FeesCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review 05/14/12 BJM 05/21/12 I BJM ITEMNO. Council review 3 i 4.A. i ITEM INFORMATION STAFF SPONSOR: BRANDON J. MILES IORIGINAL AGENDA DATE: 5/14/12 AGENDA ITEM TITLE 2012 AMENDMENTS TO THE CITY'S SIGN CODE CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mt g Date 5/14/12 Mtg Date Mtg Date 5/21/12 Mt Date 5/21/12 Mtg Date Mtg Date 5114112 Mtg Date SPONSOR Council Mayor HR DCD Finance .Fire IT P&R. Police PW SPONSOR'S Minor amendments to Title 19 of the Tukwila Municipal Code to allow signage for fuel SUMMARY canopies, expand billboard receiving areas in the city, provide a sign area increase for LEED certified buildings, expand the location for the display of light pole banners and other minor updates. Also, updating the City's fee resolution to reduce the fee for sign permits submitted electronically. Informational memorandum was updated following April 23, 2012 Community Affairs and Parks Committee Meeting. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 3/26/12&4/23/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: N/A MTG. DATE 05/14/12 MTG. DATE 5/14/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 4/11/12, REVISED 5/1/12 Draft Ordinance Draft fee Resolution Informational Memorandum dated 3/19/12 Minutes from the Community Affairs and Parks Meeting of 3/26/12 Minutes from the Community Affairs and Parks Meeting of 4/23/12 Section of Ordinance removed by Community Affairs and Parks on 4/23/12 i x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, DCD Director BY: Brandon J. Miles, Senior Planner DATE: April 11, 2012 REVISED ON MAY 1, 2012 SUBJECT: Amendments to Title 19, "Sign Code" REVISED AFTER CAP MEETING ISSUE Should amendments be made to Title 19 of the Tukwila Municipal Code (TMC), commonly referred to as the "Sign Code BACKGROUND /DISCUSSION On March 26, 2012, staff presented a memo to Community Affairs and Parks (CAP) dated March 19, 2012 that outlined nine proposed amendments to the City's Sign Code. A copy of that memo, the meeting minutes, a proposed Ordinance in strikeout/underlined format and a proposed draft fee resolution are attached. Generally, CAP was supportive of the proposed amendments, but required some clarification and additional discussion. NOTE: In this memo, staff has also added an item regarding non conforming signs. The issue of non conforming signs was not discussed at the March 26 meeting, but staff would like to propose a change to certain non conforming regulations. See below for more information. 1. Commercial Sianaqe on Fuel Canopies CAP was supportive of this proposed code change, but requested that DCD staff add a definition for fuel canopy. At the CAP meeting there was some concern that without a clear definition canopies throughout the City would be eligible for signage. DCD staff proposes the following definition: Fuel Canopy is a structure designed to provide weather protection to motorists in order for them to fill vehicles with: gasoline, diesel, compressed natural gas, propane, electricity or other similar compounds which allow for the powering of vehicles. The following components must be in place beneath the structure in order for this definition to apply to a structure, 1) There must be at least two fuel dispensing devices; and 2) Customers must have the ability to pay electronically beneath the structure. The above definition would allow all traditional gas stations to install signage on fuel canopies- as well as alternative fuel stations, such as the new Blue Star Gas Propane business. Staff proposes that a fuel canopy be permitted to have one illuminated or non illuminated sign for each elevation, with the sign being permitted to be no more than five square feet. 3 INFORMATIONAL MEMO Page 2 2. Streamline Permit Process for Conforming Freestandina Signs CAP was supportive of this proposal. New language was added to TMC 19.12.030 "Exceptions Sign Permits Not Required," which states that permits are not required for copy changes and refaces if the work complies with the requirements of TMC 19.20 (Permanent Signs) or 19.32 (Master Sign Program). The language in TMC 19.20 and 19.32 is identical and states the following: A monument sign permitted under this section is permitted to complete refaces, panel changes and copy changes without the need to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the City under a permit issued on or after August 24, 2010. b. The property owner, or authorized agent of the property owner, was the applicant to secure the permit as required under this section. c. As part of the reface and copy change, there can be no structural changes to the sign which result in a change of sign or message areas; modification in sign height, inclusion of a dynamic sign component, or change in the monument sign's location. d. That within 30 -days of completion of the copy change or reface, the property owner or authorized agent shall transmit to the City a Notice of Copy Change form with a photo of the revised sign face. 3. Electronic Plan Submittal CAP was supportive of this proposal. The draft resolution reduces permit fees by $50 for applications for permanent signs that are submitted electronically. 4. Annexation Areas Staff proposed providing existing signs within annexation areas a ten year grace period that would commence upon the effective date of the annexation. CAP was supportive of this proposal. A new chapter to Title 19 is being proposed; see Section 19.37 of the draft Ordinance. The Chapter will be TMC 19.37 and will be called "Non- Conforming Signs in Annexation Areas." The language of this Chapter is nearly identical to the language found in TMC 19.36 (Non- Conforming Provisions), except that language is inserted to refer to the effective date of annexation and not the effective date of the original sign Ordinance. 5. Add Airport Wav as a Billboard Receivina Area Staff brought up a concern with the fact that Airport Way was not included in the definition of "billboard receiving area," provided in TMC 19.08.067. Staff proposed to add Airport Way to the areas of the City eligible for new billboards, and CAP was supportive of the proposal. Staff proposes the following changes to TMC 19.08.067: "Billboard Receiving Areas" are those areas of the City along South 180th Street zoned as Commercial /Light Industrial; those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial; all properties located along Boeing Access Road; those properties along East Marginal Way, north of Boeing Access Road; and all properties located alonq Airport Wav, north of Boeinq Access road. for which 4 ZADCD n Clerk'Mrandon \Sign Code Update \CAP, 2012.04- 23 \InfoMemo.doc INFORMATIONAL MEMO Page 3 permits for new billboards may be issued if the criteria of this Title are satisfied. Attachment D and E are maps that show the billboard receiving areas listed with this definition. Attachments D and E are for illustrative purposes onlv. 6. Pole Banners fee and Expansion of Allowable Zones DCD staff discussed two specific items regarding pole banner; the first was the fee; and the second was the issue of expanding the allowable zones where pole banners could be used. a. Fee. Staff had initially suggested that the fee for pole banners be $25 for the initial fee and $15 for renewals. CAP expressed interest in ensuring that the pole banner fee was reflective of other land use and sign permit fees, specifically the temporary sign permit fee which currently is $97. The attached resolution reflects the pole banner fee being $97 for the initial application and $50 for renewals. b. Additional Zones. DCD staff had proposed allowing pole banners in the Neighborhood Commercial Center (NCC) zone. One of the reasons to allow pole banners in the NCC zones was so that Tukwila Village would be able to install such signs. CAP did seem not to have any objections to the proposed change, but there did seem to be some hesitation in how the pole banners could be used. As staff noted, the City cannot regulate content of signs, including pole banners. Staff is now nronosina that pole banners not be allowed in the NCC zone. Much of the NCC zone is located on Tukwila International Boulevard (TIB), and staff is concerned that properties in the area may not install high quality pole signs -which would hinder the City's ongoing efforts to revitalize the area. During the CAP meeting, the Parks Department discussed a possible desire to install pole banners at Foster Golf Course; currently, the Sign Code prohibits such signage. DCD staff would like to propose that areas of the City that are subject to the Public Recreation Overlay be permitted to install pole banners. This change would allow pole banners to be installed at all Tukwila Schools, most City parks, the Community Center and Fort Dent Park. 7. LEED Certification CAP was supportive of a small sign area bonus for LEED certified buildings. The proposed Ordinance reflects the recommendation in the March 19, 2012 memo. 8. Add Notes to Billboard Receivina Mans CAP was supportive of staff's proposal to add a note on two maps in the Code that state that the maps are for "Illustrative Purposes Only." Staff also added some language in the definition of "billboard receiving area" to further clarify that the definition will govern in the event of a conflict between the definition and the maps, see item 5 above. 9. Correct scribner's error in TMC 19.20.050 (4) CAP had no concerns with fixing the scribner's error identified above. ZADCD n Clerk's \Brandon \Sign Code Update \CAP, 2012.04- 23 \lnfoMemo.doc cj INFORMATIONAL MEMO Page 4 Update on the Removal of Non Conforminq Siqns May 1, 2012: CAP was supportive of the current code language regarding the grace period for non conforming signs and did not recommend any of the changes to the regulations discussed below. The Ordinance in the packet has been updated to remove the changes to the non- conforming section and that language can be found as a separate attachment to this memo. Staff would also request policy direction from CAP on an issue related to the removal of non- conforming signs within the City. This issue was not discussed previously. As CAP is aware, the City strived to lessen the impact of the new code on businesses within the City. Due to the fact that the City moved to monument only signage, many freestanding signs in the City became non conforming upon the effective date of the new sign code. The rights associated with each individual sign vary based on the degree to which the sign is non- conforming. TMC 19.36.040 establishes three non conforming categories: a. Sians which were non conformina under the OLD sian code. These signs may remain indefinitely, but a reface or copy change is not permitted without bringing the sign into conformance with the City's sign code. In most cases "bringing the sign into conformance" requires removal of the sign. b. Sians which became non conformina with adoption of the new sian code and obtained non conformina sign hermits. These signs are provided a ten -year grace period. During the grace period the signs may have refaces and copy changes, with a permit. After the grace period the sign may remain indefinitely, but a reface or copy change is not permitted without bringing the sign into conformance. c. Non Conformina Freewav Interchanae Sians. All freeway interchange signs became non conforming under the new sign code. Freeway interchange signs are provided a five year grace period in which copy changes and refaces are permitted, with a permit. After the grace period the sign may remain indefinitely, but a reface or copy change is not permitted without bringing the sign into conformance. TMC 19.36.040 requires that property and /or sign owners obtain a no -fee, non conforming sign permit for any sign on their premise which does not meet the sign code. Property owners and /or sign owners must have obtained the non conforming permit within 180 -days of being notified by the City that their signs are non conforming. Non conforming rights are lost if the property owner and /or sign owner failed to submit the non conforming permit within the 180 -day period (TMC 19.36.040). The City has sent out a total of 174 notices to property owners and /or sign owners informing them that their signs are non conforming. A total 123 response' to the City's notification were received back. A total of 44 never responded to the City's notification that their signs were non- conforming and thus under TMC 19.36.040 the signs should be removed. Staff would like policy direction from the City Council on the following question: Should the Citv beain to enforce the provisions of TMC 19.36, reauirina that 44 signs be removed within the Citv? An advantage of this approach would be that a significant number of non conforming signs would be removed and thus improve the City's streetscape and the overall urban environment. A disadvantage of this approach would be the impact the removal would have on businesses and property owners who, once receiving the Notice and Order, may approach the City Council to amend the code requirements. 1 89 submitted the non conforming permit; 25 were received by the City and are pending; two went through the Master Sign Program; and seven used the opt -out language. 6 ZADCD n Clerks \Brandon \Sign Code Update \CAP, 2012.04- 23 \InfoMemo.doc INFORMATIONAL MEMO Page 5 Staff would like to propose an alternative: Any sign that did not obtain the non conforming sign permit, as required, would be permitted to remain indefinitely; however any proposed copy change or reface would require that the sign be brought up to the provisions of the City's sign code. This approach would still result in the removal of non conforming signs, but over a longer time frame. FINANCIAL IMPACT Permit fees will be reduced by not requiring permits for certain refaces and copy changes. However, permit fees are meant to compensate the City for time reviewing the permit and are not meant to generate revenue. By waiving certain permits, it will free up staff to work on other current and long range projects. RECOMMENDATION Staff recommends that the attached Ordinance and Resolution be forward to the May 14 Committee of the Whole meeting for a public hearing and discussion by the full Council. Action on the Ordinance and Resolution is anticipated at the May 21 Regular Council Meeting. ATTACHMENTS Draft Ordinance; Draft Resolution; Staff's memo from March 19, 2012; and Minutes from April 23, 2012, Community Affairs and Parks Meeting Minutes from the March 26, 2012 Community Affairs and Parks Meeting. Section of Ordinance Removed by CAP on April 23, 2012 ZADCD n Clerk's \Brandon \Sign Code Update \CAP, 2012.04- 23 \InfoMemo.doc 7 x AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND EXPANDING THE SIGN CODE, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 19, TO RESPOND TO THE NEEDS OF BUSINESSES AND TO ADDRESS THE CHANGING URBAN LANDSCAPE OF THE CITY; AMENDING ORDINANCE NO. 2303; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that signs are an important component of the built environment and assist in way- finding, advertising and personal expression for Tukwila businesses, property owners and residents; and WHEREAS, regulation of signage is needed in order to preserve and protect the public welfare, preserve and enhance the appearance of the built environment, control visual clutter, protect private and public property, and ensure the orderly movement of motorized and non motorized forms of transportation; and WHEREAS, on August 16, 2010, the Tukwila City Council adopted a new, comprehensive Sign Code for the City of Tukwila, which is codified in Title 19 of the Tukwila Municipal Code; and WHEREAS, the Tukwila City Council desires to regularly update the City's regulations regarding signage in order to respond to the needs of Tukwila businesses and to address the ongoing changing urban landscape of the City; and WHEREAS, on April 2, 2012, as required by the Growth Management Act, the City filed notice with the Washington State Department of Commerce that the City intended to adopt revisions to the Sign Code; and WHEREAS, on May 8, 2012, the Director of Community Development determined that the proposed amendments to Title 19 do not have a probable significant adverse impact on the environment and issued a Determination of Non Significance; and WHEREAS, on May 14, 2012, following public notice, the City Council held a public hearing to receive testimony regarding the new Sign Code, W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 1 of 12 01 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definition of "Billboard Receiving Areas" Amended. Ordinance No. 2303 §2 (part), as codified in Tukwila Municipal Code (TMC) Chapter 19.08, "Definitions," is hereby amended to read as follows: Billboard Receiving Areas are those areas of the City along South 180th Street zoned as Commercial /Light Industrial; those properties south of South 180th Street along West Valley Highway zoned as Commercial /Light Industrial; all properties located along Boeing Access Road; a444 -those properties along East Marginal Way, north of Boeing Access Road; and all properties located along Airport Wav, north of Boeina Access Road, for which permits for new billboards may be issued if the criteria of this Ghapte title are satisfied. Attachments AD and €B, codified in Title 19 as Figures 19 -1 and 19- 2 are herebv amended. These maps show the billboard receiving areas listed with this definition and are for illustrative purposes only. Section 2. TMC Section Adopted. A new section is hereby added to TMC Chapter 19.08, "Definitions," to read as follows: GBCI means the Green Building Certification Institute or successor entity. Section 3. TMC Section Adopted. A new section is hereby added to TMC Chapter 19.08, "Definitions," to read as follows: Fuel Canopy is a structure designed to provide weather protection to motorists in order for them to fill vehicles with gasoline, diesel, compressed natural gas, propane, electricity or other similar compounds that allow for the powering of vehicles. The following components must be in place beneath the structure in order for this definition to apply to a structure: 1) There must be at least two fuel dispensing devices; and 2) Customers must have the ability to pay electronically. Section 4. TMC Section Adopted. A new section is hereby added to TMC Chapter 19.08, "Definitions," to read as follows: LEED means the Leadership in Energy and Environmental Design or successor program, as administered by the United States Green Building Council or successor agency. Section 5. TMC Section 19.12.030, "Exceptions Sign Permits Not Required," Amended. Ordinance No. 2303 §3 (part), as codified at TMC Section 19.12.030, is hereby amended to read as follows: The following shall not require issuance of permits by the City. The exception is only from the need to obtain a permit and shall not be construed as relief from compliance with other requirements of this title. The provisions of this section shall be narrowly construed so as to effectuate the purposes of this title, as enumerated in TMC Section 19.04.020. W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 2 of 12 IE 1. Repainting of an existing sign when there is no other alteration. This exception shall not be interpreted to allow the changing of copy or face changes on an existing sign. 2. Refacinq, panel chanqe or copv chanqe on existina conforminq, monument siqns that have valid Tukwila siqn permits as permitted by TMC Sections 19.20.030 (13)(7), 19.20.040 (6), or 19.32.075. 23. Temporary signs and decorations customary for holidays, such as Independence Day and Thanksgiving, erected on private property. Signs may only contain non commercial speech. 3 Temporary window signs, subject to the limitations of TMC Section 19.24.080. 4 Traffic signs and /or markings installed by the City of Tukwila, King County or Washington State Department of Transportation for the purpose of regulating, warning or directing traffic. Signs may be installed within the right -of -way or on private property, with the permission of the property owner. All signs installed under this exception shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, published by the U.S. Department of Transportation. 5 Signs typically installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 6 Political campaign signs, subject to the limitations of TMC Section 19.24.090. 7 Temporary signs installed at City parks. All signs shall be approved by the Tukwila Director of Parks and Recreation and shall meet the requirements of this code. 89. Land use notice boards per TMC Section 18.104.110. -910. Text or graphics on umbrellas located in outdoor seating or plaza areas. 4-0 Up to four directional signs per premises where there is a need to direct vehicular traffic. Freestanding signs may be up to three feet in height and two square feet per face or a total of four square feet for all faces. Flush- mounted building signs may be up to three square feet in size. 1 44 The following exceptions are specific to properties developed with residential uses in residential zones: a. Each residential property shall be permitted one 1.5- square -foot, building- mounted plaque; and W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 3 of 12 11 b. Each residential property shall be permitted one 6- square -foot banner or rigid sign that is temporary in nature, and c. Temporary incidental signs may be displayed with no restrictions from sunset on a Friday (or the day preceding a designated holiday) until sunset on the following Sunday (or the Monday following a Sunday if the Monday is a designated holiday). No individual sign may exceed six square feet in size. It is intended that this subsection shall apply to garage sale and real estate "open house" signs, however content of the sign is not restricted. 42- Display of up to three flags, each on individual flag poles, per premise. Content of the flags is not regulated. Section 6. TMC Section 19.20.030, "Permanent Signs in Residential Zones," Amended. Ordinance No. 2303 §5 (part), as codified at TMC Section 19.20.030, subparagraph B., is hereby amended to read as follows: B. Monument Sign Design Standards. 1. The area of a monument sign is limited to 30 square feet per sign face and a total of 60 square feet for all sides. Monument signs located on a premise with at least one building that is certified as LEED by the GBCI shall be permitted to be 35 square feet per face and a total of 70 square feet for all sides. 2. The sign shall be no taller than five feet. 3. Maximum width of the sign shall not exceed 15 feet. 4. The sign must meet sight distance triangle restrictions. 5. The sign shall be located in a landscaped area. 6. The sign may only use indirect down lighting methods except for dynamic signs as allowed under TMC 19.20.030 (D). The lighting shall have no spillover impact on adjacent properties. 7. A monument siqn permitted under this section is permitted to complete refaces, panel changes and coon chanaes without the need to obtain a new permit, provided ALL of the following criteria are met: a. The monument sign was authorized by the Citv under a permit issued on or after August 24, 2010. b. The propertv owner, or authorized agent of the property owner, was the applicant to secure the permit as required under this section. W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 4 of 12 12 c. The reface or copy chanqe does not include anv structural changes to the sign that result in a chanqe of sian or messaqe area, modification in sign height, inclusion of a dynamic siqn component, or change in the monument sign's location. d. Within 30 days of completion of the copy chanqe or reface, the property owner or authorized agent shall transmit to the City a Notice of Copy Chanqe Form with a photo of the revised sign face. Section 7. TMC Section 19.20.040, "Permanent Free Standing Signage in Commercial /Industrial Zones," Amended. Ordinance No. 2303 §5 (part), as codified at TMC Section 19.20.040, is hereby amended to read as follows: Monument signs are permitted within all commercial and industrial zones, subject to the following standards: 1. Design Standards. Each premise is permitted to have one free standing monument -style sign. Additional monument signs are permitted if the premise contains over 800 feet of linear frontage on City or quasi public streets, per Table 1 below. Table 1 Design Standards for Permanent Monument Signs in Commercial and Industrial Zones Total ROW Allowable Sign Total Allowable Maximum of Premise Message Area Sign Size Height Number of Signs Less than 36 square feet per 54 square feet per 400 feet side /72 square side /108 square 6 feet One feet total feet total 400 -599 50 square feet per 70 square feet feet side /100 square per side /140 7 feet One feet total square feet total 600 -799 60 square feet per 80 square feet feet side /120 square per side /160 7 feet One feet total square feet total 800 -999 66 square feet per 88 square feet feet side /132 square per side /176 8 feet Two feet total square feet total 1,000 feet 72 square feet per 96 square feet One for every and over side /144 square per side /192 8 feet 400 feet of linear feet total square feet total street frontage. a. Allowable sign message area is either the face panel of the sign or, for channel letters or signs painted on seating or retaining walls, that portion of the sign devoted to the actual message, logo or business name. b. Total size is the entire area of the sign, including the support structure. W: \Word Processing \Ordinances\Sign Code update 5 -8 -12 BM:bjs Page 5 of 12 4 c. [Monument signs located on a premise with at least one buildinq that is certified as LEEQ by the GBCI shall be permitted to have a siqn messaqe area increase and total size area increase of one percent. 2. Special Corner Properties or Properties with Multiple Street Frontages. A property that borders on more than one public street, but has less than 800 total feet of linear frontage, is permitted to have one monument sign per street frontage if the following criteria are met: a. The property has at least 200 feet of frontage on each public street where a sign will be placed; b. Each public street provides direct access to the property; and c. For each separate street frontage Table 1 shall be used to determine the design standards for any proposed monument sign. 3. Setback. All monument signs shall be placed at a minimum of five feet from all property lines. No sign taller than three feet shall be placed within the sight distance triangle of an access point, unless it can be demonstrated the sign will not pose a safety issue by reducing visibility. 4. Maximum Width. The maximum permitted width of a monument sign is 15 feet. 5. Address. In order to facilitate emergency response, all new freestanding signs shall have the address number or address number range of the premise listed on the structure. The address shall not be counted toward the allowable sign message area limit. Address numbers must be plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 1.5 inches. 6. A monument sign permitted under this section is permitted to complete refaces and copv chanqes without having to obtain a new permit, provided ALL of the following criteria are met: a. The monument siqn was authorized by the City under a permit issued on or after August 24, 2010. b. The propertv owner, or authorized agent of the property owner, was the applicant to secure the permit as required by TMC Section 19.20.040 (6)(a). c. The reface or copv change does not include anv structural chanqes to the sign that result in a change of siqn or message area, modification in siqn heiqht, inclusion of a dynamic siqn component, or change in the monument sign's location. W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 6 of 12 lv, d. Within 30 days of completion of the copy chanae or reface, the propertv owner or authorized aaent shall transmit to the Citv a Notice of Copv Chanae Form with a photo of the revised sign face. Section 8. TMC Section 19.20.050, "Permanent Building- Mounted Signs in Commercial /Industrial Zones," Amended. Ordinance No. 2303 §5 (part), as codified at TMC Section 19.20.050, subparagraph A., is hereby amended to read as follows: A. Flush Mounted Building Signs (Wall Signs). 1. Each separate tenant suite with an exterior public entrance is permitted to have one flush- mounted building sign per exterior public entrance. 2. Buildings where multiple tenants share a common entrance may have one flush- mounted building sign per exterior public entrance. 3. Wall signs may only be placed within the section of exposed building face that qualifies for the placement of the building- mounted sign. 4. The area of the wall sign shall be a percentage of the area of exposed building face where the sign is proposed to be displayed, as calculated per Table 2. 5. Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Table 2 Allowable Message Area for Permanent Wall Signs in Commercial and Industrial Zones Area (LxH) of Exposed Building Face (EBF) in Square Feet 0 -500 501 -1,500 1,501 -3,000 3,001 -5,000 Over 5,000 Permitted Sign Area EBF x .05 or 20 square feet (EBF -500) x.04 25 square feet (EBF- 1,500) x.03 65 square feet (EBF- 3,000) x .02 110 square feet 150 square feet maximum size permitted (1) Anv flush- mounted (wall) sian affixed to a buildina certified as LEEQ by the GBCI shall be permitted an area increase of .5 percent of the permitted sign area from Table 2. (2) A fuel canopv, as defined in this title, is permitted to install one flush- mounted buildina siqn (wall sign) on each separate elevation of the fuel canopv structure. The area of the sign shall not exceed five sauare feet: illumination of the sian is permitted. Section 9. TMC Section 19.20.060, "Pole Banners," Amended. Ordinance No. 2303 §5 (part), as codified at TMC Section 19.20.060, is hereby amended to read as follows: A. Pole banners are orgy- permitted in the Tukwila Urban Center zone and on properties that contain a Public Recreation Overlav as defined by Title 18 of the Tukwila Municipal Code. W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 7 of 12 15 B. Pole banners may only be attached to parking lot light poles on private property. C. Banners may have periodic changes in copy without submittal for a new sign permit. D. The maximum area per banner is 10 square feet, with a limit of 2 banners per pole. E. The lower edge of the banner must be at least 12 feet above grade. F. Annual renewal of the banner permit is required. Section 10. TMC Section Adopted. A new section is hereby added to TMC Chapter 19.32, "Master Sign Program," to read as follows: 19.32.075 Copv and Refaces of Monument and Grand Monument Siqns Approved under this Chapter A monument sian or arand monument siqn permitted under this section is permitted to complete refaces and copy chanqes without havinq to obtain a new permit, provided ALL of the followina criteria are met: 1. The monument siqn or arand monument sian was authorized by the Citv under a permit issued on or after Auaust 24, 2010. 2. The propertv owner, or authorized agent of the propertv owner, was the applicant to secure the permit as reauired by TMC Section 19.32.075 (1). 3. The reface or coov chanqe does not include anv structural chanqes to the siqn that result in a chanqe of siqn or message area, modification in sign height, inclusion of a dvnamic siqn component. or chanqe in the monument or arand monument sian's location. 4. Within 30 days of completion of the coriv chanqe or reface, the property owner or authorized aaent shall transmit to the Citv a Notice of Cogv Chanqe Form with a photo of the revised sian face. Section 11. TMC Chapter Adopted. TMC Chapter 19.37. "Non Conformina Signs in Annexation Areas," is herebv established to read as follows: CHAPTER 19.37 Non Conforminq Siqns in Annexation Areas Sections: 19.37.010 Purpose 19.37.020 Definition and Removal of Leqallv Non Conformina Permanent Siqns 19.37.030 Non Conforminq Sian Permits W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 8 of 12 16 19.37.040 Non Conforminq Temporary Siqns 19.37.050 Additional Sianaqe Prohibited 19.37.010 Purpose The purpose of this chapter is to establish limits on the use of and reauirements for the removal of non conforming signs within areas of the Citv that were annexed after Mav 1, 2012. Subiect to the remaining restrictions of this chapter, non conforming signs that were otherwise lawful on the effective date of the annexation may remain subiect to the limitations under this chapter. The provisions of this chapter do not apply to billboards within annexation areas. 19.37.020 Definition and Removal of Legally Non Conforminq Permanent Siqns A. All permanent signs within annexation areas are considered legally non- conforming if the sign was erected in conformance with a valid permit. if a permit was required, and complied with all applicable laws at the time of the sian's installation. Non conforming rights are not aranted to temporary signs or signs that were in violation of King Countv ordinances or regulations of the State of Washington. The burden of establishing that a sign is non conforminq lies solely with the individual assertina the claim that a sign is non Conforminq. B. Anv monument sign installed within an annexation area that exceeds Sian Code standards as to sign area, height or setback by 15 percent or less shall be deemed a conformina sign. C. Grace Period for Permanent Si in Annexation Areas. Signs that were installed within the annexation area prior to the effective date of the Citv's annexation and became non conformina upon annexation in the Citv, may be issued a non- conforming sign permit that will allow the signs to remain for 10 vears from the effective date of the annexation. This 10 -vear period shall be known as the "annexation arace period." D. Siqn Modifications Durinq the Annexation Grace Period. Durina the annexation grace period, signs with non conformina sign permits may be refaced and the panel or copy changed, provided the area, height and location of the sign remain unchanaed. A non conforming sign permit will be issued for work covered under this section. Permanent signs and sign structures that are moved, replaced or structurally altered must be brought into conformance with the current Sign Code regulations. E. Sian Modifications After the Annexation Grace Period. After the annexation grace period, the sign is permitted to remain as -is indefinitelv. However, relocation, re- erection, alteration, replacement or change in anv way to a legal, non conformina sign, including the structure or sign panel /face /copy, will require the sign be brought into compliance with the sign code in effect at the time of submittal of a complete sign permit application. W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 9 of 12 17 19.37.030 Non- Conformingi Siqn Permits A. Non- Conforminq Siqn Inventorv. The Director shall, as soon as practicable after the effective date of the annexation, survev the annexation area for siqns that do not conform to the requirements of Title 19. UDOn determination that a sian is non conforminq or illeaal, the Director shall use reasonable efforts to notifv the siqn owner, in writinq and, where practicable, the owner of the property on which the sign is located. Notification shall include: 1. Whether the sian is non conformina or illegal. 2. Whether the sign may be eliqible for a non conforminq siqn permit. If the identity of the siqn owner cannot be determined after reasonable inauirv, the notice may be affixed in a conspicuous place on the sign or on the business premises with which the sign is associated. The failure of the Citv to identifv the sian owner shall not relieve the propertv owner from the requirements of this section. B. Non- Conforminq Siqn Permits. 1. Eliqibilitv. A non conforminq sian permit may be issued only in accordance with the standards listed in this chanter. 2. Permit Required. A non conforminq siqn permit is required for all eligible non conforminq siqns within the annexation areas. The sian owner shall obtain the permit within 180 days of notification by the Citv. Siqn permits shall be obtained for anv panel or copy chanae allowed durina the annexation arace period. There is no permit fee for the issuance of the non conforming siqn permit. 3. Applications. Applications for a non conformina siqn permit shall contain the name and address of the siqn user, the siqn owner and the owner of the propertv upon which the siqn is located, and such other pertinent information as the Director may require to ensure compliance with this chapter. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Failure to Respond. It is the siqn owner and /or propertv owner's responsibilitv to return the non conforminq siqn permit to the City within the 180 days of notice as outlined in this section. Failure to respond will constitute a waiver of anv qrace period provided to the siqn under this chapter and modifications to the siqn will be controlled by TMC Section 19.36.030. 5. Permit Issuance. Any person submittina an application for a non- conforming sign permit shall use the forms provided by the Department. The Director shall issue non- conforminq sign permits upon a determination of eliqibilitv. The Director may require the filinq of plans or other pertinent information where such information is necessary to determine compliance with this chapter. Appeals shall be filed in accordance with TMC Section 19.12.120. W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 10 of 12 i C. Loss of Leaal Non conforming Status. Non conformina siqns shall be brouaht into compliance with this chapter upon the occurrence of one or more of the followinq events: 1. When an application is submitted to the Citv for a project that is subject to desiqn review, any non conforminq building- mounted siqns on the premise affected by the construction and all non conforming free standing siqns lose their non conforming status. 2. When anv panel or copy chanqes are proposed after the expiration of the annexation qrace period. 3. When the sian meets the definition of abandoned. 4. Damaqe of 25 percent or more in the value of either the non conforming sign or the structure to which it is affixed. D. Maintenance. Ordinary maintenance and repair of a siqn shall be permitted without loss of non conforming status if the cost of all maintenance and repair over a two -vear period is less than 25 percent of the cost of replacinq the sign. 19.37.040 Non Conforminq Temporary Siqns A. Non conforminq temporary signs in annexation areas must be removed within 120 days of the effective date of the annexation. B. Commercial real estate signs in existence in the annexation area prior to the adoption of this code are permitted to remain for up to three months, after which time the siqns must be removed and any future siqnaqe must comply with the terms of this code. 19.37.050 Additional Siqnaqe Prohibited No additional permanent building- mounted signaae is permitted on a tenant space that contains a non conforming siqn. No additional permanent freestandinq signs are permitted on a premises that contains a non conforming freestandina sign. Section 12. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to the ordinance, including correction of clerical errors; references to other local, state or federal laws, codes rules, or regulations; or ordinance numbering and section /subsection numbering. Section 13. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 11 of 12 19 Section 14. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. 20 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: A Map of Billboard Receiving Area (West Valley Hwy.) B Map of Billboard Receiving Area (Boeing Access Road and East Marginal Way South) W: \Word Processing \Ordinances \Sign Code update 5 -8 -12 BM:bjs Page 12 of 12 For Illustrative Purposes Only N �I n nm► 11 ■11111111■ 111111111: .11111■ ■li ter 1 �r a CD 0 a r a s s Attachment A -LQ 111 1 �!11.•E oeing Access For Illustrative Purposes Only TUKA 'M M W-=- a 0 I I� �2 i N N d 4� El f r I j I■ I 1 C) 80 S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REVISING THE LAND USE FEE SCHEDULE TO AMEND FEES RELATED TO CERTAIN TYPES OF SIGNAGE, AND AMENDING RESOLUTION NO. 1722. WHEREAS, on August 16, 2010, the City Council of the City of Tukwila adopted Resolution No. 1722, which established a new fee schedule for land use, environmental, and sign permit applications; and WHEREAS, the City Council desires to encourage applicants to submit plans electronically in order to facilitate the efficient review of sign permits; and WHEREAS, the City Council wishes to update the fee schedule periodically to respond to changing business conditions, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Resolution No. 1722 is hereby amended as follows to include the following sign permit application fees: W: \Word Processing \Resolutions \Land Use Fee Schedule amended 4 -12 -12 BM:bjs Page 1 of 4 23 Plus any review 2012 Feel hours over Permit Type Retainer retainer Appeal Zoning, Sign, SEPA, Subdivision Code (P- Appeal) $541 hours over 5 Binding Site Improvement Plan (TMC Chapter 17.16) (P -BSIP) $3,497 Boundary Line Adjustment (P- BLA/LC) $1,536 Zoning Code and Sign Code Interpretation (TMC Sections 18.96.020 and 19.12.160) $319 Comprehensive Plan Amendment (TMC Chapter 18.80) (P -CPA) $4,153 hours over 40 Conditional Use Permit (P -CUP), Shoreline CUP $3,554 Design Review (TMC Section 18.60.030) (P -DR) Administrative $2,048 Public Hearing $3,670 Major Modification $1,255 Minor Modification $570 W: \Word Processing \Resolutions \Land Use Fee Schedule amended 4 -12 -12 BM:bjs Page 1 of 4 23 Permit Type Lot Consolidation (P- BLA/LC) Noise Variance (TMC Chapter 8.22) Type I Type II Type III Planned Residential Development Administrative (TMC Section 18.46. 110) (P -APRD) Public Hearing (TMC Section 18.46. 110) (P -PRD) Minor Modification (TMC Section 18.46.130) Major Modification (TMC Section 18.46.130) Rezone Map Change (TMC Chapter 18.84) (P -R) Reasonable Use Exception to SAO (TMC Section 18.45.180) Sensitive Area Master Plan Overlay (TMC Section 18.45.160) (P -SAMP) SEPA Environmental Review (TMC Title 21) (P -SEPA) SEPA Planned Action (P -PACT) SEPA Checklist SEPA EIS Fee SEPA Addendum Shoreline Environment Re- designation (P -Shore D) Shoreline Permit Exemption (TMC Chapter 18.44) Shoreline Substantial Development Permit (TMC Chapter 18.44) (P- Shore) Project Value $5,000 10,000 $10,001 50,000 $50,001 500,000 More than $500,000 Signs (TMC Title 19) Temporary Sign Permit (P -T sign) (TMC Section 19.24.040) Special Event Signage (TMC Section 19.24.060) Permanent Sign Permit (P -P sign) (TMC Chapter 19.20) Master Sign Program (Administration) Master Sign Program (BAR) Pole Sign Banners Initial Application (TMC Section 19.20.060) Pole Sign Banner Annual Renewal (TMC Section 19.20.060) Opt Out, Tukwila Urban Center (TMC Section 19.22.050) Non Conforming Sign Permit (TMC Section 19.36.040) New Billboard (TMC 19.38.040) or refurbished Billboard (TMC Section 19.38.050) Special Permission (P -SP) Cargo Container (TMC Section 18.50.060) Landscape Perimeter Averaging (TMC Section 18.52.020) Parking Standard for Use Not Specified (TMC Section 18.56. 100) Parking Variance, Modification or Waiver (TMC Sections 18.56.130 and 18.56.140) 1 W: \Word Processing \Resolutions \Land Use Fee Schedule amended 4 -12 -12 BM:bjs Plus any review 2012 Feet hours over Retainer retainer (Z) $570 1 $444 $599 $1,332 $1,990 $5,119 I hours over 50 $541 $2,221 $3,670 hours over 35 $3,071 I hours over 30 $5,119 hours over 50 1 $541 $1,565 $3,187 $541 $3,670 $222 $1,082 $2,531 $4,037 $5,119 hours over 30 hours over 30 hours over 25 hours over 40 hours over 50 $97 $97 $222 $1,990 $3,187 I W450 I $222 $o $541 $541 $541 $541 $888 hours over 5 hours over 8 Page 2 of 4 24 All Hearing Examiner costs will be passed through to the applicant. The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. (3) The fee for a Permanent Siqn Permit (TMC Chapter 19.20) shall be reduced by $50 for a siqn permit application submitted utilizinq the Citv's electronic Dian submittal process. Fee Type Annexation (P- Annex) Development Agreement (P -DA) Legal Lot Verification Mailing Label Fee for City to generate labels Pre Application Meeting (PREAPP) Public Notice Mailing Fee Zoning Verification Letter Plus any review Plus any review hours over 2012 Feel hours over Permit Type Retainer retainer (Z) Parking Lot Re- striping $541 Residential Parking Reduction (TMC Section 18.56.065) I $541 $444 Shared, Covenant and Complementary Parking Reduction $1 per address, per mailing (TMC Section 18.56.070) $541 hours over 5 Sensitive Area Deviation, Buffer Reduction (TMC Chapter 18.45) $1,507 hours over 15 Single Family Design Standard Exception (TMC Section 18.50.055) $541 TSO Special Permission Use (TMC Section 18.41.060) $888 Short Plat (TMC Chapter 17.12) (P -SS) 2 -4 Lots I $3,497 5 -9 Lots $3,980 Subdivision Preliminary Approval (TMC Chapter 17.14) (P -SUBP) $5,119 hours over 50 Subdivision Final Approval (P -SUBF) $3,187 hours over 30 Tree Clearing Permit and Exception (TMC Chapter 18.54) (P -Tree) $53 hours over 2 Unclassified Use Permit (TMC Chapter 18.66) (P -UU) $5,119 hours over 50 Variance Zoning, Sign, Shoreline (P -VAR) $2,588 Wireless Communication Facility (TMC Chapter 18.58) (P -Wire) Minor I $541 Administrative $1,536 Major or Height Waiver $3,071 Zoning Code Text Amendment (TMC Chapter 18.80) (P -Code) $4,153 All Hearing Examiner costs will be passed through to the applicant. The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. (3) The fee for a Permanent Siqn Permit (TMC Chapter 19.20) shall be reduced by $50 for a siqn permit application submitted utilizinq the Citv's electronic Dian submittal process. Fee Type Annexation (P- Annex) Development Agreement (P -DA) Legal Lot Verification Mailing Label Fee for City to generate labels Pre Application Meeting (PREAPP) Public Notice Mailing Fee Zoning Verification Letter The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. W: \Word Processing \Resolutions \Land Use Fee Schedule amended 4 -12 -12 BM:bjs Page 3 of 4 7 Plus any review 2012 Feel hours over Retainer retainer $5,408 $1,990 hours over 20 $512 $420 $444 $1 per address, per mailing $319 The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. W: \Word Processing \Resolutions \Land Use Fee Schedule amended 4 -12 -12 BM:bjs Page 3 of 4 7 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2012. ATTEST /AUTH ENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney W: \Word Processing \Resolutions \Land Use Fee Schedule amended 4 -12 -12 BM:bjs Page 4 of 4 7 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Brandon J. Miles, Senior Planner DATE: March 19, 2012 SUBJECT: Amendments to Title 19, "Sign Code" ISSUE The purpose of tonight's meeting is for Community Affairs and Parks to provide the Department of Community Development direction on possible changes to Title 19 of the Tukwila Municipal Code "TMC commonly referred to as the "Sign Code." BACKGROUND /DISCUSSION On February 6, 2012, a presentation was made to the City Council regarding the new sign code, which was adopted in August of 2010. The purpose of the presentation was to provide the City Council an overview of how the sign code has been received by the community as well as to initiate the process to make minor amendments to the Sign Code. Attachment "A" to this staff report is a matrix that outlines those areas of the Sign Code that staff believes changes are needed. Some of the changes are simply fixing of typos in the original sign code; other changes require that the City Council provide staff policy direction in order to address the specific item. The matrix has been numbered 1 -9. The numbers listed below correspond with the matrix numbers. Minor Code Amendments- Policv Direction Needed 1. Commercial Signage on Fuel Canopies The sign code does not allow signage on fuel canopies. This was an oversight in drafting the sign code and staff recommends amending the sign code to allow a small wall sign on fuel canopies. The previous sign code allowed one wall sign on a fuel canopy, up to 20% of the exposed building face.' While 20% of the exposed building face may seem large, in reality, the small area of the exposed building face of the canopy structure severely limits the size of the wall sign. In most cases the wall signs installed under the previous sign code ranged in area between four and eight square feet. 1 TMC 19.32.160 (2) 27 INFORMATIONAL MEMO Page 2 A Staff Recommendation Staff recommends that service stations be permitted to install one flush mounted building wall per elevation on fuel canopies. The sign can be illuminated, with a maximum size of five square feet. 2. Streamline Permit Process for Conforming Freestanding Signs. The Sign Code requires that a permit be obtained for any reface or copy change to an existing freestanding sign. However, the code requirement is burdensome to owners of freestanding signs that comply with the City's sign code. Staff Recommendation Staff would like to allow refaces and copy changes to freestanding signs that meet the current code to be accomplished without having to obtain a new permit. Thus, a property owner would only have to obtain a permit once. 3. Electronic Plan Submittal Many cities are moving to electronic plan submittals for all types of permits. Electronic plan submittal allows for permits to be submitted via email with fees paid using credit cards. Review of plans submitted electronically is also done electronically, essentially the process is "paper free." DCD is hoping to start accepting permits electronically when the City switches to a new permit system in 2013. Electronic submittal of sign permits is a logical first step in moving the entire City to electronic plan submittal. Sign permits are fairly straight forward and have a very basic review process. Staff would like to encourage contractors to move to electronic plan submittal by reducing the permit fee for those contractors who take advantage of the system. ZADCD n ClerWsOrandonffverton DAKAR 2012.03.2612012 Memo for merge.doc 28 Fuel Canopy Sign on TIB INFORMATIONAL MEMO Page 3 Staff Recommendation Staff recommends that the permit fee for sign permits submitted electronically be reduced by $50. 4. Annexation Areas The City has two remaining potential annexation areas. Upon annexation, the City will have to address a range of issues related to non conformities, including non conforming signs. Staff would like to be proactive in this area by adopting code language that will specify the regulation of non conforming signs in certain areas upon annexation. In order to reduce the impact of the new sign code, the City provided a grace period for signs that met the provisions of the old sign code, but became non conforming with the adoption of the new sign code. For example, freestanding signs that became non conforming were provided a ten year grace period before they were required to come into compliance with the current sign code regulation. The grace period ends in August of 2010. Under the grace period, freestanding signs can be refaced and copy change, with a permit, provided there are no structural alternations to the sign. Staff believes a similar concept can be employed for annexation areas. ZADCD n ClerWBrandon\Riverton DAICAP, 2012.03.2612012 Memo for merge.doc 29 INFORMATIONAL MEMO Page 4 non conforming upon annexation to the City Z:1DCD n Clerk's\Brandon\Riaerton DAICAP, 2012.03.2612012 Memo for merge.doc 30 North Annexation areas, which includes signage which may become INFORMATIONAL MEMO Page 5 Staff Recommendation Provide signs in annexation areas with a ten year grace period, which would start on the effective date of the annexation. Signs may be refaced and receive copy changes, with a permit, during the grace period. 5. Add Airport Way as a Billboard Receiving Area In order to encourage the removal of billboards within the City, the City Council established two "billboard receiving areas The purpose of these billboard receiving areas is to provide locations for new billboards, provided a set number of billboards are removed within "designated sending areas." TMC 19.08.067 establishes the following two billboard receiving areas: a. The southern billboard receiving area includes all of West Valley Highway, south of S. 180 Street and all of S. 180 Street east of West Valley Highway. b. The northern billboard receiving areas includes all properties along East Marginal Way, north of Boeing Access Road and all properties along Boeing Access Road. Establishment of the billboard receiving areas was an attempt to to balance areas of the City where the Council would accept billboard structures, while at the same time establishing areas in which billboard companies would be willing to locate. The receiving areas are generally heavy and light industrial areas, which are distant from the urban core and residential areas. The sending areas are all areas of the City that are not designed as billboard receiving areas zones (TMC 19.08.069). An applicant must secure the removal of existing billboards in order to install a new billboard in one of the two designed receiving areas. Billboards that are to be removed must be located in sending areas. TMC 19.38 provides a specific formula which requires that the applicant remove more billboards within the sending areas than is proposed to be installed. To provide an example of this code at work: a new billboard has been approved to be constructed at the southeast corner of West Valley Highway and S. 180 Street. The proposed billboard will have one face and pursuant to TMC 19.38.040 the applicant is required to secure the removal of three billboard faces. Given that the r billboard must be removed within the designed "sending area," the applicant has proposed to remove two billboard structures along Tukwila International Boulevard and one along East Marginal Way. In administering the billboard code staff realized that Airport Way was not included as a billboard receiving area and thus, by definition, is a billboard sending area. The properties along Airport Way have the same land use as those along East Marginal Way. The primary reason to include Airport Way as a billboard receiving zone is so billboard companies do not propose to remove existing billboards along Airport Way in order to get credit for new billboard construction. In staff's opinion, the City should focus on billboard removal within the core of Tukwila International Blvd and near residential zones. Staff Recommendation Include Airport Way as a billboard receiving area. 6. Pole Banners fee and Expansion of Allowable Zones The Sign Code allows for the display of banners on lights poles within parking lights within the Tukwila Urban Center (TUC). The purpose of allowing these banners was to encourage a festive style of signage at commercial developments. Unfortunately, no property owner has ZADCD n ClerWsTrandonlRiverton DAKAR 2012.03.2612012 Memo for merge.doc 31 INFORMATIONAL MEMO Page 6 taken advantage of the ability to install these banners. In talking with property owners it seems that the permit fee of $222 for the installation is a deterrent. The banners are also only permitted for commercial properties in the TUC zone. With Tukwila Village moving forward staff thinks it would be useful to allow properties in the Neighborhood Commercial Center (NCC) to be able to install pole banners. This would allow the Tukwila Village site and other properties along TIB to install flag pole banners. Staff Recommendation Reduce the permit fee for pole banner applications to $25 for the initial application and $15 for the renewal; allow pole banners to be displayed in the NCC zone. 7. LEED and Built Green Certification The City of Tukwila has very few incentives for encouraging the construction of LEED and Built Green Buildings. The sign code provides an avenue for rewarding development in the City that is built to reduce its environmental impacts. Recently, Starbucks built the City's first LEED certified building on East Marginal Way South. As part of this review process, staff learned that often times the LEED process requires that educational signage be installed to provide education to users of the site. Staff would suggest a nominal bonus be permitted for LEED and Built Green Certified Buildings. Staff Recommendation Staff proposes that structures that are certified as LEED or Built Green be permitted to have a one percent increase in sign area for any allowed freestanding sign and a .5% area increase for all permitted wall signs. Housina Kee Staff recommends that the following housekeeping items be amended in the Sign Code. 8. Add notes on Billboard Receiving Maps (Exhibit A and B of Code) Some confusion exists between the maps (Exhibits A and B of the Sign Code) and the specific code language regarding which areas of the City are designated as billboard receiving areas. The maps inadvertently left off some areas of the City that were specifically called out in the Code language. Staff has applied the specific code language; however, staff would like to provide a note on exhibits A and B which would clarify the issue. 9. Correct scriber's error in TMC 19.20.050 (4) A scriber's error at TMC 19.20.050 (F)(4)(b) needs to be fixed. Subsection 5 should actually be subsection "c This not a policy change, but simply fixes an error in the original Ordinance. ZADCD n ClerWslBrandonkfterton DAICAP, 2012.03.2612012 Memo for merge.doc 32 INFORMATIONAL MEMO Page 7 RECOMMENDATION The goal of this evening's meeting is for the Committee to provide policy direction on the proposed amendments to Title 19 outlined above. The Committee can also ask staff to examine any other amendments to Title 19 that it feels are needed. Based on the outcome of tonight's meeting, staff will come back to the Committee on April 9, 2012 that represents the recommendation of the Committee. Staff anticipated a public hearing to be held on April 23, 2012, with possible Council action on May 7, 2012. ATTACHMENTS A. 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PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Sign Code Revisions Staff is seeking Committee direction regarding several suggested policy changes to the current Sign Code which was adopted by the Council in August 2010. The Sign Code has been in existence for over a year and staff has had the opportunity to identify areas of the Code which need clarification, simplification or basic housekeeping such as typographical errors. The suggested amendments are outlined below followed by Committee direction in bold, if appropriate. Allow for signage on fuel canopies. This was inadvertently left out of the current code. The Committee commented that they would like staff to define fuel canopy. In regards to freestanding signs that comply with the City's Sign Code, if there is going to be a reface or copy change to an existing sign currently in compliance, a second permit will not need to be secured. Reduce sign permit fee by $50 for applications submitted electronically. Permit cost is currently $222. Provide annexation areas with the same 10 -year grace period afforded in the current Sign Code when and if the areas are annexed. The grace period would commence on the effective date of the annexation. Expand the north billboard receiving areas to include Airport Way. Add Airport Way as a third billboard receiving area in the City. Reduce the sign permit fee for pole banners on private property from $222 to an initial application fee of $25 and a $15 renewal. Additionally, allow pole banners in the Neighborhood Commercial Center. Committee Members are interested in the pole banner fee reflecting an amount more in line with other fees (such as the temporary sign permit fee). Recognizing that many LEED and /or Green Built buildings require educational language on the property to explain the site /building significance, such buildings will be permitted a 1% increase for free standing signs and a 0.5% increase for permitted wall signs. Staff will make the appropriate changes and return to Committee on April 9 for review and recommendation to full Council. Committee Member Ekberg expressed interest in allowing digital and animated displays in the City to modernize and increase the effectiveness of information sharing. RETURN TO COMMITTEE ON APRIL 9 WITH RECOMMENDED CHANGES AND DRAFT ORDINANCE /RESOLUTION. 37 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes April 23, 2012 5: 00 p.m. PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie and Allan Ekberg Staff: David Cline, Nora Gierloff, Brandon Miles and Kimberly Matej Guests: Sharon Mann CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:01 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution: Tukwila Tree and Environment Advisory Committee As part of the periodic review and update of the City's Comprehensive Plan as required by the Growth Management Act, staff is beginning the process of updating the Natural Environment chapter of the City's Plan. Staff is seeking Council approval of a resolution that forms a Tukwila Tree and Advisory Committee and outlines the Committee's responsibilities to assist in public input with revisions to this chapter. If formed, this Committee is anticipated to have 7 -10 members who would meet on a monthly basis for 6 -8 months. Staff believes this Committee could begin meeting as early as August. The Committee will be tasked with providing recommendations for City policy on natural resource issues including, but not limited to: tree canopy, tree protection, landscaping in commercial and industrial areas, street tree management and planning, maintenance of forest and trees in parks and other areas that are covered in the City's Tree Ordinance and other related regulations in the City's Comprehensive Plan. The review of these recommendations will first go to the Planning Commission for additional review and recommendation and then on to Council for final review and discussion. The informational memo submitted by staff suggests one Councilmember sit on the Advisory Committee. Committee Chair Hougardy suggested that the Council representative be a member of the Community Affairs Parks Committee. Committee Member Ekberg suggested that the idea of a "tree bank" be considered during the review process. Sharon Mann was in attendance at the meeting and expressed concern about tree regulations that could be anti development. UNANIMOUS APPROVAL. FORWARD TO MAY 14 FOR DISCUSSION. B. Sien Code Amendments and Fee Resolution At the March 26, 2012, Community Affairs Parks Committee, staff presented proposed amendments to the Sign Code. Staff is now bringing forth a draft ordinance reflecting those changes and recommendations made by the Committee for recommendation to the Council for review and approval. Additionally, staff is seeking Council direction on a policy level item as outlined on the next page. Since the March 26 meeting, staff has: Defined fuel canopy which includes alternative fuel stations Pole banner fees will be $97 for initial applications and $50 for renewals (same as temporary sign permit) Recommending against pole banners in the NCC Allow pole banners in Public Recreation Overlays (golf course, parks, schools, community centers) Added language addressing non conforming signs in annexation areas Communitv Affairs Parks Committee Minutes Aoril 23, 2012 Pace 2 Staff added a section in the current information memo regarding non conforming signs which was not discussed at the March 26 Committee meeting. Staff is seeking Council direction on this item, which is summarized next. A total of 174 property /sign owners have been informed of their non conforming sign status. These notices required a response to the City from the property /sign owner in order to take advantage of a grace period. Of 174 sent notices, 123 notices were responded to and 44 are outstanding. Staff is seeking Council input on whether or not the Council would like staff to begin enforcing TMC 19.36, which calls for the removal of the non conforming signs whose owners have been non responsive. Staff also stated that the Code language could be modified to provide additional options. The Committee Members were in favor of upholding the current Code as written, but recognize that a policy level discussion is needed with the full Council regarding this decision. UNANIMOUS APPROVAL. FORWARD TO MAY 14 COW FOR PUBLIC HEARING AND DISCUSSION. C. Parks Recreation Annual Report As information only, staff presented the 2011 Parks Recreation Annual Report. This report provides a broad overview of parks, general programs, teens and youth, seniors, facilities, volunteers and the pool. Staff also included copies of the 2011 recaps for the Recreation Division and Events Division both of which provide more detail of programming and activities. These two recaps were discussed in detail at previous Committee meetings. Committee Member Ekberg complimented staff on the Events Division recap explaining that it is a document that can be utilized to make decisions regarding processes in the future due to informational presentation of comparable and historical data. He did not feel that the Recreation Division recap could be utilized in the same way. INFORMATION ONLY. D. Parks Recreation Event Calendar As information only, Committee Members reviewed the Parks Recreation events calendar for May and June. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:51 p.m. Next meeting: Monday, May 14, 2012 5:00 p.m. Conference Room #3 Committee Chair Approval Minut�y KH1✓1. Reviewed by NG BM. 39 Section Removed from the Ordinance bu Communitu Affairs and Parks Section 11. TMC Section 19.36.040, "Non- Conforming Sign Permits," Amended. Ordinance No. 2303 §10 (part), as codified at TMC Section 19.36.040, subparagraphs B. and C., is hereby amended to read as follows: B. Non Conforming Sign Permits. 1. Eligibility. A non conforming sign permit may be issued only in accordance with the standards listed in this chapter. 2. Permit Required. A non conforming sign permit is required for all eligible non- conforming signs within the City. The sign owner shall obtain the permit within 180 days of notification by the City and for any panel or copy changes allowed during the grace period. 3. Applications. Applications for a non conforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director may require to ensure compliance with this chapter. The Director may waive specific submittal requirements determined to be unnecessary for review of an application. 4. Permit Issuance. Any person submitting an application for a non conforming sign permit shall use the forms provided by the Department. The Director shall issue non- conforming sign permits upon a determination of eligibility. The Director may require the filing of plans or other pertinent information where such information is necessary to determine compliance with this chapter. Appeals shall be filed in accordance with TMC Section 19.12.120. 5. Failure to Resoond. It is the sian owner's and /or orooerty owner's resoonsibilitv to return the non conformina sion permit to the Citv within the 180 days of notice as outlined in this section. Failure to respond will constitute a waiver of anv orace period Provided to the sian under this chapter. and modifications to the sian will be controlled by TMC Section 19.36.030. C. Loss of Legal Non Conforming Status_ Non conforming signs shall either be removed Formatted: Font: (Default) Arial, Not Bold, f or immediately brought into compliance with this chapter upon the occurrence of one or more of I Italic the following events: i 21. When an application is submitted to the City for a project that is subject to design review, any non conforming building- mounted signs on the premise affected by the construction and all non conforming free standing signs lose their non conforming status. 32. When any panel or copy changes are proposed after the expiration of the grace period. 43. When the sign meets the definition of abandoned. 54. Damage of 25 percent or more in the value of either the non conforming sign or the structure to which it is affixed. EM