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LUTC PKT 03-20-2006 City of Federal Way City Council Land Use/Transportation Committee March 20th, 2006 5 :30 p.m. City Hall Council Chambers MEETING AGENDA I. CALL TO ORDER 2. APPROVAL OF MINUTES: March 6th, 2006 3. PUBLIC COMMENT (3 minutes) 4. BUSlNESS ITEMS A. South 356th Street at SR 99 Intersection Improvements Project- 30% Design Status Report B. Grant Funding for Transportation Improvement Projects C. Gravel Streets Policy D. Comprehensive Plan Amendment Selection Process - Lee, Yen, & Lifeway Church E. Off-Site Real Estate Signs Code Amendment F. Planning Staff Position Request G. Proposed Resolution to Grant Noise Variance to WSDOT 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Action 10 min / Salloum Action 5 min / SaJloum Action 10 min / Miller Action 20 min / Clark Action 10 min / Clark Aet ion 5 min / Fewins Action 10 min / Kirkpatrick Committtt Members Jack Dowry. Chair Eric Faison Dean McColgan G: 1.J.1.TTt. ~ILf m' Agt'nJa,~ ond Sllmm.om'.~ 10()6~v3~20-u6 Ll Tn.' Agenda.JoL" City Staff Cmy M Roe, F.E., Publ,c Works Direcror Marianne Lee, Admmwrative Assistant 253-835-2701 City of Federal Way City Council Land Use/Transportation Committee March 6th, 2006 5:30 pm City Hall Hylebos MEETING MINUTES In attcndance: Committee chair Jack Dovey; Committee member Dean McColgan; Committee member Eric Faison; Council Member Jeanne Burbidge; Council Member Linda Kochmar; Interim City Manager Derek Matheson; Public Works Dircctor Cary Roe; Community Development Director Kathy McClung; Street Systems Manager Marwan Salloum; Surface Water Manager Paul Bucich; City Traffic Engineer Rick Perez; MIS Director Iwen Wang; Senior Planner Margaret Clark; Deputy City Attorney Karen Kirkpatrick; Streets Project Engineer Al Emter; Streets Systems Engineer John Mulkey; and Administrative Assistant II Marianne Lee. A. CALL TO ORDER Councilman Dovey called the meeting to order at 5:32 pm. B. APPROVAL OF MINUTES The February 6th, 2006, minutes were approved. C. PUBLIC COMMENT none D. BUSINESS ITEMS A. 2006 Asphalt Overlay Project Bid A ward Cmte PASSED staffrecommendation to the March 21 st, 2006 Council Consent Agenda. B. S 336th Street @ 1st Way South Intersection Improvement Project Bid Award Cmte PASSED staff recommendation to the March 21 st, 2006 Council Consent Agenda. c. S 320th Street @ 1st Avenue South Intersection Improvements Projects - 85% Design Status Report Cmte PASSED staff recommendations on to the March 21 st, 2006 Council Consent Agenda. D. S 373rd Street Bridge Replacement - WSDOT & LUn ILA's Cmte PASSED staff recommendations on to the March 21st, 2006 Council Consent Agenda. E. Joe's Creek Habitat Restoration Project - 100% Authorization to Bid Cmte PASSED staff recommendations on to the March 21 st, 2006 Council Consent Agenda. Items A -E: MOVED, SECONDED & PASSED Unanimously. F. Comprehensive Plan Amendment Selection Process Margaret Clark presented background information on all 12 of the requested changes. I. Quadrant - Cmte PASSED staff recommendations on to the full Council. Moved: McColgan Seconded: Faison Passed: Unanimously 2. Trimble - Cmte PASSED staffreconnnendations on to the full CounciL Cmte voted on setting it at 9.6. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee members agreed that staff needed proofthat the Trimble's neighbors would join in the request and that Mr. Trimble accepted the change in his land use request from SE (Suburban Estate) to RS9.6. With that verified, they would not have a problem accepting his request. Chair Dovey asked why not move all the way to RS9.6, since the surrounding area already is? G. \LlJTC\LVTC' Agendas and SummaJies. 2006\03-0<>-06 LIJTe Minutes.doc ~~~d Use/Transportation Committee Page 2 December 19'\ 2005 3. Lee - Cmte dirccted staff to do additional research on area-wide costs (includes #3 & #10) and bring them back to LUTC on March 20th. Moved: McColgan Seconded: Don:y Passed: Unanimously Chair Dovey noted that Daniel Lee wants the same thing as Lifeway Church (#10), to bc rezoned to a higher density. Mr. Lee is currently zoned at RS 15 and wants to be at RS9.6. Gil Hulsman, representing Lifeway Church, also spoke. He noted that they and their neighbors are ready to go. Waiting hurts them financially, Lifeway wants to be rezoned to RS7.2. Staff does not want to set a precedent of rezoning to 7.2, but might find 9.6 acceptable given the area. Committee member Faison asked Mr. Hulsman if the church would accept 9.6. He said that it could, assuming the grid roads are connected and isolated areas are dealt with. PW Director Cary Roe noted that part of staff's hesitancy is a result of the intersections on SR99 that would be impacted by the development of both ofthese sites. The affectcd intersections arc already at a failing Level of Service (LOS) and arc Transportation Improvement Projects (TIP). Increased density will exacerbate the problem before the City can begin correcting it. Committee Chair asked, if the developments equal 30 additional cars, how much will that impact traffic? "Ibe committee agreed that this should be further researched this year. They directed staff to get the numbers back on how much it would cost to study the area before Land Use and Transportation Conunittee on March 20th, 2006. 4. GramOT - Cmte revers cd staff recommendations on to the full Council and directed staff to contact the School District. Margaret Clark confirmed that staff will contact them. Moved: McColgan Seconded: Faison Passed: Unanimously 5. Rodia - Cmte PASSED staffrecommendations on to the full CounciL Moved: Faison Scconded: McColgan Passed: Unanimously 6. Velasco - Cmte PASSED staff recommendations on to the full CounciL Moved: McColgan Seconded: Faison Passed: Unanimously 7, Bonney Watson - Cmte PASSED staff recommendations on to the full Council. Moved: McColgan Seconded: Faison Passed: Unanimously 8. Taylor - Cmte PASSED staff recommendations on to the full Council. Moved: McColgan Seconded: Dovey Passed: Unanimously 9. Yen - Cmte directed staff to look at the issue comprehensively and report back to LUTC on March 20th. Moved: McColgan Seconded: Dovey Passed: Unanimously . Committee Member McColgan asked why Linda Yen is asking to rezone from BP to BC Staff responded that developers say BP won't sell. Staff noted that DC in this area does not fit into the city's plans. Committee member Faison asked if the City would end up with an oversupply of BC? Faison suggested staff study whether BC is better than BP, looking at the entire area between 348th & 356th on SR99. Staff directed to rcsearch issue and report back to LUTC 10. Lifeway Church - Cmte directed staff to do additional research on area-wide study costs (includes #3 & #10) and bring it back to LUTC on March 20th. Moved: McColgan Seconded: Do\t)' Passed: Unanimously II. Magnum Construction - Cmte reversed staff recommendation and will NOT move this revision forward. Movcd: McColgan Seconded: Dovey Passed: Unanimously Jack Hundun, of Magnum, agreed with staff recommendation. Committee member Faison asked how creative the designs of the company are. Committee member McColgan asked staff for the current ratio of single-family to multi-family dcvelopment. Chair Dovey noted that Federal Way became a City because residents did not want any more multi-family development. 12. Waller Road - Cmte reversed staffrecommendations on to the full Council. Moved: McColgan Seconded: Dovey Passed: 2-1, Faison opposed_ Cmte PASSED the recommcndations as notcd above_ Items #3 (Lee), #9 (Yen), and #10 (Lifeway Church) will go back to the LUTe on March 20th. All items will be sent 10 Council as a group, at a future date. G:\LUTC\LUTC Agendas and SUTnm:'l:riC's 2006\03-06-06 I.UTe Minutes,doc Land Use/Transport~tion Committee Page 3 December. ) 9th, 2005 Committee member Dean McColgan said that he supports non-aerial light-rail was excused at this point and did not participate in items 'g' or 'h', G. Sound Transit Phase II Rick Perez presented background information on Sound Transit's request for comment on its Phase JI plan. The plan estimates a worst-case cost scenario of an all-aerial track along SR99 with three stations at current Park-N-Ride locations, Cmte PASSED staff recommendations on to the March 21st, 2006 Council Consent Agenda. Moved: Faison Seconded: Dovey Passed: Unanimously (McColgan not attending) Chair Dovey posed the primary questions for the Committee's consideration: QI: Does the Committee support Light Rail (of any sort) in Federal Way? AI: Committee member Faison said yes, Councilwoman Kochmar said that she needed more information. Chair Dovey said yes, as did Councilwoman Burbidge. Q2: What alignment does the Committee/Council support? i) SR99 @ grade will stimulate economic development but mean shorter trips. It will not solve commuter issues. ii) 1-5 alignment will be faster and move more people. Cary Roe asked what points staff should capture for the letter, due to ST by the 21 st? Councilwoman Kochmar noted that putting light rail in the median along SR99 is the best choice, but noted that there is no median on SR99 south of 3561h. The City needs to get public input and she wants more information on elevating the track over major intersections. Committee member Faison prefers no elevation. Chair Dovey stated that the City wants to send a strong letter supporting light rail; the details can be worked on later. Federal Way is interested in light rail from both directions (north and south). Committee members directed Rick to draft a letter to send to ST. H. Repeal Citizen Advisory Committee Provision contained in Ordinance 95-420 Cmte PASSED staff recommendation on to the March 7th, 2006 Council Consent Agenda. Moved: Dovey Seconded: Faison Passed: Unanimously (McColgan not attending) 5. FUTURE MEETINGS The next scheduled meeting will be March 20th, 2006. 6. ADJOURN The meeting adjourned at 7:52 p.rn. G:\LUrCllUTC Agendas and Snmmar;" 2006\03-0~-0<> LUTe M;nutes.doc CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: .FROM: SUBJECT: March 20, 2006 Land Use and Transportation Committer::7\\r- Derek Matheson, hltenm City Manager V ~~ 11 Cary M Roe, P.E., Director of Public Works- Marwan SaIIoum, P.E., Street Systems Manager South 356th Street at SR 99 Intersection Improvements Project; 30% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the South 356th Street at SR 99 Intersection Improvements Project and return to the Council at the 85% design completion for further reports and authorization? BACKGROUND: This project will realign the east leg of South 356th Street to line up with the west leg. South 356th Street 'will be widened to 2 thru-lanes and a left-turn lane westbound and 2 left~turn lanes, a thru-lane and 'a right~turn lane eastbound. Pacific Highway South (SR 99) will be widened to 2 thru lanes a right turn lane and a left-turn lane southbound and 2 thru-lanes and 2 left-turn lanes northbound. The traffic signal bridge structure will be replaced to accommodate the added lanes. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: . The Topographical Surveys . The Geotechnicallnvestigation . SEP A Submittals . Channelization Plans . Project Design to 30% Ongoing Tasks Include: . SEP A Approval and Project Permitting . Value Engineering Study . Right of Way Requirements (Property Appraisals, Review Appraisals Negotiation and Acquisition) . Project Open House scheduled for July 2006 . Project Design to 85% PROJECT ESTIMATED EXPENDITURES: Planning and Design ROW Acquisition Construction cost 2007 ( estimate) 30tYo Construction Contingency Construction Management (12%) $1,045,000 2,000,000 3,540,000 1,062,000 552,240 TOTAL PRO.JECT COSTS $8,199,240 March 20, 2006 Land Use and Transportation Committee South 356th Street at SR99 Intersection Improvements Project - 30% Design Status Report Page 2 A V AII"ABLE FUNDING: Till Grant Fund Budgeted City Match (03) Interest Mitigation TOTAL AVAILABLE BUDGET $378,210 $1,120,000 $74,253 $1,089,849 $2,662,312 Given the project currently has a funding shortfall of $5,536,928, staff anticipates applying to the Transportation Improvement Board (TIB) for grant funding to construct the project. The TIB grant application would be submitted assuming a 60/40 split of the project cost or $4,617,144 TIB grant and $3,078,096 as city match. With $2,284,102 of City/mitigation funds currently available, the City would need to provide an additional $793,994 to satisfy the City match amount, assuming a successful grant application. In 2005 Staff applied and was not successful in obtaining TIB funding for this project. To improve the project score staff is proceeding with the design, environmental approval process and the Right of Way acquisition to qualify as a construction-ready project in an effort to get five additional points, thus making the project more competitive for the 2006 TIB grant funding cycle. OPTIONS: I. Authorize staff to proceed with present design of the South 356th Street at SR 99 Intersection Improvements Project and return to LUTC Committee at the 85% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. 81' AFF RECOMMENDATION: Staff recommends forwarding Option 1 to the April 4, 2006 City Council Consent Agenda for approval: Authorize staff to proceed with design of the South 356th Street at SR 99 Intersection Improvements Project and return to LUTC Committee at the 85% design completion stage for further reports and authorization" COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the April 4, 2006 City Council Consent Agenda. cc: Project File IYdY File CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 20, 2006 Land Use and Transportation CommitteeUrv--- Derek Matheson, Interim City Manager V~ /J Cary M Roe, P.E., Director of Public Works Marwan Salloum, P.E., Street Systems Manager Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement projects? BACKGROUND This memorandum provides the Council with the current funding availability of new grant funding programs for transportation projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following project will likely be competitive in the 2006 PSRC - STP/CMAQ Regional Competition funding cycle. Project (Funding Phase) Estimated Grant Project Cost Pacific Highway S HOV Phase IV (Dash Point Road to S 312lh Street) (Design, Right of Way and Construction) PSRC Regional (Federal Funds) $16,625,000 Possible Grant Fund Required City Match $6,912,000 $1,078,750 OPTIONS: I. Authorize staff to submit a grant funding application for the following transportation improvement project: . Pacific Highway S HOV Phase IV (Dash Point Road to S 312th Street) 2. Modify the project for which staff should submit a grant-funding application. 3. Do not submit any grant funding application for these projects in 2006. STAFF RECOMMENDATION: Staff recommends placing option #1 on the April 4, 2006 Council Consent Agenda: Authorize staff to submit grant-funding applications for the following transportation safety improvement projects: . Pacific Highway S HOV Phase IV (Dash Point Road to S 312th Street) COMMITTEE RECOMMENDATION: Council recommends placing option #1 on the April 4, 2006 Council Consent Agenda. cc: Project File Day Fi Ie CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: March 20t\ 2006 Land Use and Transportation Committee~ Derek Matheson, Interim City Manager V ~ Cary M. Roe, P .E., Public Works Director , Ken Miller, P.E., Deputy Public Works Director ~ Gravel Roads in City Rights of Way Maintenance Policy FROM: SUBJECT: POLICY QUESTION: Should the Council change the current policy of not maintaining gravel streets? If so, what would be the maintenance frequency (grading/graveling)? Also, how feasible and what would be the estimated costs to asphalt the existing gravel streets in the City? BACKGROUND: At the December 19,2005 LUTC meeting the Council directed staff to grade and gravel SW 300dl Street which has been completed and bring back to the Committee options and costs for maintaining the gravel streets including an estimated cost to asphalt them. Staff has prepared an initial maintenance cost per square foot and an ongoing maintenance cost for the gravel roads in the City. The initial maintenance cost is higher due to the additional work required to bring the road up to a standard where they can be maintained. There are two categories of gravel roads used in the following analysis for maintenance costs. The first is gravel roads in existing City right of way and the second is gravel roads in the vacated "Ballinger Act" areas. The second category of gravel roads is located in plats recorded prior to 1904 and where none of the roads were opened within 5 years; here the right of way is automatically vacated by law under the statute. Therefore the City does not currently have any responsibility or authority to maintain these private roads. Estimated Costs to Maintain the Gravel Road Twice a Year (Spring and Fall) and Pave the roads in the Existing City Right-or-Way Miles Initial Cost Cost per Ongoing Maintenance Annual Cost 0.89 $ 54,021 $ 43,801 $ 87,602 Asphalt Costs $ 168,643 Estimated Costs to Maintain the Gravel Roads Twice a Year and to Pave the roads in the Ballinger Areas (East Tacoma Addition and East Side Addition) Miles Initial Cost Cost per Ongoing Maintenance Annual Cost 1.39 $ 91,727 $ 74,373 $ 148,746 Asphalt Costs $ 253,627 The "Asphalt Costs" above do not include: survey, property acquisition, environmental mitigation, surface water detention, water quality and design. This cost estimate is low since, in addition, there could be "sensitive areas". Once preliminary engineering and a more detailed cost analysis have been done the costs will probably increasc significantly. The scope of the work that would occur in the south end of the City in the Ballinger area is significantly more than the work that would occur to maintain and/or pave the existing rights of way that are of relatively short length and located throughout the City (see attached map). If the Council elected to pave the existing gravel streets staff would nced to develop a more detailed cost estimate and implementation schedule. The Ballinger area is also "under developed" and there are currently proposals in the area to improve the March 20, 2006 Land Use and Transportation Committee Gravel Roads in City Rights of Way Maintenance Policy Page 2 infrastructure including roads, drainage and sanitary sewer. There are also fewer complaints received from the residents in this area regarding gravel roads. OPTIONS: Existing Gravel Streets in City Right of Way I. Provide direction to staff to maintain the gravel roads in "existing City right of way" twice a year (Spring and Fall). The initial cost would he $54,021 and the additional yearly ongoing costs would be $87,602. Staff recommends not maintaining gravel roads that function as a driveway and service only one or two homes. 2. Provide direction to staff to develop a program to pave the gravel roads in "existing City right of way" (servicing more than two homes) to be implemented over the next two to five years as a part of the asphalt overlay program or by the street maintenance crew depending upon location of the work. During the transition period provide an "as requested" maintenance service to the existing gravel roads. 3. Where there is proposed development or if property owners do not wish to receive maintenance along a gravel road or there is a severe drainage problem in the existing right of way, delay the maintenance and paving. Existing Gravel Streets in Ballinger Area 4. Do not maintain the gravel roads in the "Ballinger" area until such time the right of way is deeded to the City in conjunction with a development. 5. Mail a survey to the property owners in the "Ballinger" area to determine if there is sufficient interest to deed right of way and participate in improving the infrastructure in the area. Any estimate of infrastructure improvements costs would require funding for: preliminary engineering, survey and environmental work. STAFF RECOMMENDA TION: Staff requests direction and input from the Committee on how to proceed. COMMITTEE RECOMMENDATION: Forward the recommendation of the Committee to Council. cc: Project File Day File Gravel Roads/Ballinger Code Areas 1,lIap.~,JlII'1'\R1'l'.2006 C;:MyIlf~WIIIY GlSo,..luon :l:l3:2~8'1h "''I. S. 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C.~U~I~ ( I Miles :N "'''' ""') '-"", -....... f'IIII...oJ SUUII fi Ba~~r Colie ~~~ """'-"~l!'lf.I""":Ir~,-*"K;1 EIIltllfl\l'lll Colk /!Jell ~ FeMderal Way . ...!_fl!:'.ft~f!.".~Pf/ojo Plo...rldll~."'.I:'~ CITY OF FEDERAL WAY MEMORANDUM DATE: March 20, 2006 TO: Land Use and Transportation Committee VIA: Derek Matheson, Interim City Managcr FROM: Margaret Clark, Senior Planner SUBJECT: Comprehensive Plan Amendment Selection Process - Lee, Yen, & Lifeway Church Due to the amount of information to be gathered by the Community Development department and the Surface Water and Traffic divisions of the Public Works department this agenda item was not completed in time to be included in the LUTC packet. The completed agenda item will be hand delivered to committee members at the LUTe. ~ CITY OF . ." -7 Federal Way PLANNING COMMISSION RECOMMENDATION March 9, 2006 To: Jack Dovey, Chair Land Useffransportation Committee ~~) __ Derek Matheson, Interim City Mana~ v Kathy McClung, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner ~ . VIA: FROM: SUBJECf: Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs" MEETINoDATE: March 20, 2006 I. POLICY QUESTION Should the City of Federal Way adopt the code amendments to the Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs," as shown in Exhibit A of Exhibit J? II. BACKGROUNDI PURPOSE OF THE PROPOSED AMENDMENTS The City Council received a request by Real Estate Agent Marylyn Gates on behalf of the Board of Realtors to amend the sign code to reduce the 200 foot lineal separation requirement for off-site real estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel (Exhibit A afExhibit 2). At a December 6,2005, public hearing, the City Council detennined that this code amendment should go forward for further review. A Detennination of Non significance was issued for this proposed code amendment on January 18, 2006. After the December 6, 2005, public hearing, staff contacted Ms. Gates to inform her that a draft code amendment was being drafted in response to her request. At that time, Ms. Gates had one additional request to increase the maximum allowable number of off-site real estate signs per property per agent from six to ten. This would allow adequate signage when access to the property for sale is from two major directions. III. DISCUSSION FWCC Section 22-1599(w), "Real Estate Signs," limits offsite real estate signs to six per property per agent, provided that there is a 200-foot lineal foot separation between signs. As stated in the August 6, 2003, letter from Marylyn Gates (Exhibit A of Exhibit 2), open house signs are used to direct potential buyers to homes that are for sale. Often, a potential buyer may need to travel in a different direction before having traveled 200 feet from the previous sign. With no sign at the turn to guide them, they may get lost, resulting in them not finding the house for sale. Allowing an increase in the maximmn allowable number of off-site real estate signs per property per agent from six to ten would allow adequate signage when access to the property for sale is from two major directions. Other minor changes intended for clarification are also being proposed. IV. PLANNING COMMISSION RECOMMENDATION 1be Planning Commission conducted a publie hearing on February 15,2006. The staff report to the Planning Commission is attached as Exhibit 2 and a summary of public testimony is contained in the meeting minutes (Exhibit 3). During the Planning Commission public hearing, Sam Pace, Housing Specialist with the Seattle-King County Association of Realtors, submitted an analysis regarding real estate signs (Exhibit 4) and a copy of his testimony to the Planning Commission (Exhibit 5). The Planning Commission recommended approval of the staffs recommendations with no changes (Exhibit A of Exhibit 1) and as shown in the following section. V. SUMMARY OF PROPOSED AMENDMENTS AS RECOMMENDED BY PLANNING COMMISSION Proposed new language is shown as underline and language proposed to be deleted is shown as strikoout (Exhibit A of Exhibit 1). 1. Grammatical Corrections Grammar has been corrected in various parts of the Article. See Pages 8 and 10, where commas have been added before the word "which." 2. Corrections to Code Citations Citations have been corrected in Sections 22~1 599(d)(2)(s) and (d)(2)(x) as follows: (s) Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II XIII, Division 8 of this chapter. (x) Temporary business signs for temporary business defined by FWCC ~ Chapter 9. Article VII. Division 1; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. 3. Language to Address Separation and Increase Allowable Number Off-Site Real Estate Signs Amendments are being proposed to Section 22-1599(d)(2)(w) as follows: (w) Real estate signs. 1. Off-site. The number of off~site real estate signs shall be limited to s* ten per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs, except that signs may be placed less than 200 lineal feet apart when necessary to Planning Commission Recommcndation to thc Land Useffransportation Committee Amendments to Federal Way City Code (FWCC) Chaptcr 22, Article XVIII, "Signs" March 9,2006 Pagc 2 indicate a turn or change in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. VI. . LAND USEITRANSPORT A TlON COMMITTEE OPTIONS/STAFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission (Exhibit A of Exhibit 1). 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTe recommend to the full Council Option No. I above, that is, adoption of the Planning Commission's recommendations. VIII. LAND USEITRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTe. LIST OF EXHIBITS Exhibit I Draft Ordinance with Exhibit A - Proposed Code Amendments as Recommended by the Planning Commission Exhibit 2 Staff Report for the February 15,2006, Planning Commission Meeting with Exhibits A and B Exhibit 3 Minutes of February 15, 2006, Planning Commission Meeting Exhibit 4 Analysis of Municipal Ability to Maintain Real Estate-Specific Sign Regulations in Light of Ballen v. Redmond Exhibit 5 Copy of Sam Pace's Testimony 1:\2006 Code Amendments\ReaJ Estate Signs\LUTC\PC Rcc Staff Report to LUTC.doc/3/10/2006 11:04 AM Planning Commission Recommcndation to the Land Usc/Transportation Committee Amendments to Federal Way City Code (FWCC) Chaptcr 22, Article XVIII, "Signs" March 9, 2006 Page 3 ORDINANCE NO. 06 - EXHIBIT t, , PAGE-L-OF -L-- CITY OF FEDERAL WAY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XVIII, ~~SIGNS," RELATED TO THE SEPARATION REQUIREMENT FOR OFFSITE REAL ESTATE SIGNS AND INCREASING THE NUMBER OF SIGNS PER AGENT PER PROPERTY (AMENDING ORDINANCE NO'S. 90-43, 91-113, 92-135, 92- 144,95-235,96-270,97-307,99-342,99-348,99-357, 01-398, 05-486, 05-504) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XVllI, "Signs," meets the intent of Chapter 36.70A RCW, Growth Management; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on February 15, 2006, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land UsefTransportation Committee of the Federal Way City Council considered these code amendments on March 20, 2006, following which it recommended adoption of the text amendments as recommended by the Planning Commission; WHEREAS, the City Council finds that the code amendments to reduce the lineal separation requirement for off~site real estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel and to increase the maximum allowable number of off-site real estate signs per property per agent from six to ten are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Ord No. 06 - ,Page I EXHIBIT --L-- PAGE ~ OF J Now, THEREfORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Councll of the City of Federal Way finds that thc proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the Federal Way Comprehensive Plan goal to encourage success of businesses in Federal Way by directing potential buyers to properties for sale thereby assisting both the real estate community and potential buyers. 2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare because directing potential buyers to properties for sale may result in successful real estate transactions, which has a direct impact to the City's tax base, thereby providing money for City services and amenities. And 3. The proposed FWCC text amendments are in the best interest of the residents ofthe City because it assists the real estate community while still limiting the number and location of signs, minimizing visual impact. Section 3. Amendment. FWCC Chapter 22, Article XVIII, "Signs," is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder ofthe ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective datc of this ordinance is hereby ratified and affirmed. Ord No_ 06.. , Page 2 EXHIBIT , PAGE ~.. OF.l Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on day of ,2006. the APPROVED: Mayor, Mike Park ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: 1:\2006 Code Amcndmcnts\Real Estale Signs\LUTC\Adoption Ordinance,doc/3/1O/2006 10:57 AM Ord No. 06- , Page 3 EXHIBIT A Federal Way City Code Chapter 22. Article XVIII. SIGNS Sections: 22-1596 Purpose. 22-1597 Definitions. 22-1598 Scope. 22-1599 Permits. 22-1600 Prohibited signs. 22-1601 Signs in nonresidential zoning districts. 22-1602 Construction standards. 22-1603 Variance from sign code. 22-1604 Compliance and enforcement. 22-1605 Reserved - Comprehensive design plan. 22-1606 - 22-1629 Reserved. 22-1596 Purpose. It is the purpose of this article to balance public and private needs. Within this broad purpose are the following objectives: (1) Recognize the visual communication needs of all sectors of the community for identification and advertising purposes; (2) Promote a positive visual image of the city and protect property values by: a. Encouraging signs that are appropriate and consistent with surrounding buildings and landscape in both scale and design, appropriate to the size of the subject property and the amount of street frontage adjacent to the subject property, and appropriate in relationship to the size of the building; and b. Discouraging excessive numbers of signs; (3) Protect the public health, safety, and welfare by regulating the placement, removal, installation, maintenance, size, and location of signs; (4) Support and enhance the economic well-being of all businesses within the city, and in particular recognize the needs of all businesses to identify their premises and advertise their products; (5) Assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement; (6) Provide consistency with the comprehensive plan; (7) Recognize that the aesthetic value of the total environment does affect economic values of the community, and that the unrestricted proliferation of signs can and does detract from the economic value of the community; (8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic values; and (9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created by large signage along public rights- of-way. (Ord. No. 95-235, S 4, 6-6-95; Ord. No. 99-348, S 5, 9-7-99; Ord. No. 99~357, ~ 5, 12-7-99; Ord. No. 05- 486 ~ 3,4-19-05) Page I of 23 22-1597 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (I) Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Administrator means the director of community development or hislher designated representative. (3) Advertised activity for Freeway Profile Signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity, and for a center identification sign, which identifies businesses within a multi-tenant complex, the distance shan be measured from the sign to the nearest portion of the combined parking area of the subject property. (4) Animated or moving sign means any sign that uses movement or the appearanee of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (5) Architectural embellishments - Signs means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. (6) Awning means.a shelter projecting from and supported by the exterior wall of the building and, which is, constructed of a noncombustible framework and covered by a flexible or nonrigid fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent parapet or roof of a supporting building is not included within the definition of awning. (7) Awning or canopysign means a non-electric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also "Marquee sign.") ~ , --- -- Figure 1- Awning or Canopy Sign (8) Balloon means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "Inflatable advertising device.") (9) Banner means a sign made of fabric or any nonrigid material with no enclosing framework. (10) Billboard means permanent outdoor advertising off-site signs containing a message, commercial or otherwise, umeIated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. Page 2 of 23 (11) Building-mounted signs means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under canopy signs and projecting SIgnS. (12) Cabinet sign means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. B"j/.et"", '.. .".",/%:IV":>" !l~'*":'~~ : ,"",;.., '1'('["\ ::"'. ' ii:;;' " > I jj.. ".. ...',: Jp * E Figure 2 - Cabinet Sign (13) Canopy - Building means a rigid, multi-sided structure covercd with fabric, metal, or other material and supported by a building at one or more points or extremities and by colunms or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent parapet or roof of the supporting building is not included within the definition of a building canopy. (14) Canopy - Freestanding means a rigid, multi.sided structure covered with fabric, metal, or other material and supported by one or more posts embedded in the ground. (15) Canopy sign. See "Awning or canopy sign." (16) Center identification sign means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (17) Changeable copy sign mcans a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports Or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign. (18) City means the city of Federal Way, a Washington municipal corporation, unless the context clearly indicates othctwise. (19) Clearview zone means the definition set forth in FWCC 22-1151 et seq. of this Code for intersection sight distance requirements. (20) Community service event or civic event means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. (21) Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming soon" and "Open During Construction" signs. (22) Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. (23) Directional sign, on-site means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (24) Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used. Page 3 of 23 (25) Electronic changeable message sign means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. (26) Exposed building face means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building-mounted signs. (27) Facade means the entire building front including the parapet. (28) Festoons means a string of ribbons, tinsel, small flags, or pinwheels. (29) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (30) Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (31) Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." '" I Sva twWt IIl!S I:' ~ < "" I Sign ....Igli '- '- Figure 3 - Freest..mting Sign (32) Frontage means the length of the property line along any public right-of-way on which it borders. (33) Frontage, building means the length of an outside building wall on a public right-of-way. (34) Fuel price sign means a sign displaying the price of fuel for motorized vehicles. (35) Graffiti means the inscription of symbols, words, or pictures by painting, spray painting or other means of defacing public or private property. (36) Grand opening means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A grand opening does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. (37) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign permanently affixed to the ground. Page 4 of 23 (38) Government sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (39) Height (of a sign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (40) Identification sign means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (41) Identification sign (subdivision) means freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (42) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (43) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (44) Inflatable advertising device means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. (45) lnstrnctional sign means a sign, which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (46) Integral sign means a sign displaying a building date, monument citation, connnemorative inscription, or similar historic information. (47) Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (48) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. (49) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (50) Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive-through restaurant. (51) Monument sign means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWCC 22-I602(c)(2), Figure 8.) (52) Multi-tenant complex means a complex containing two or more uses or businesses. (53) Multiuse complex means the definition of "multiuse complex" set forth in FWCC 22- I. (54) Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. (55) Nameplate means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (56) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (57) Nonconfonning sign means any sign, which was legally in existence on the effective date of this Code, February 28,1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this article or any other sections of this Code. (58) Notice of determination means the determination that the city issues as to whether a sign conforms to this article and other sections of this Code. (59) Obsolete sign means a sign that advertises a product that is no longer made, a business that is Page 5 of 23 no longer in operation, or an activity or event that has already occurred, except for historical signs. (60) Off-site sign means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (61) On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name ofthe person occupying the subject property. (62) Person means any individual, corporation, association, firm, partnership, or other legal entity. (63) Pedestal means freestanding signs supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-1602(c)(I), Figure 6.) (64) Point of purchase display or sign means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (65) Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWCC 22-1602(c)(I), Figure 7.) (66) Political signs means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (67) Portable sign means any sign designed to be moved easily and not permanently affIxed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (68) Pre~opening sign means a temporary sign, which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...", etc.). (69) Private advertising sign means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (70) Private notice sign means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or "beware of dog." (71) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Page 6 of 23 c:JD c:JD o 0 I I Figure 4- Projecting Sign (72) Public right-ofway means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, so long as such privately owned land has . been constructed in compliance with all applicable laws and standards for a public right-of~way. (73) Real estate, off-site sign means a portable or temporary sign announcing the proposed sale of property other than the property upon which the sign is located and. providing directions to the subject property. (74) Real estate, on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. (75) Registration sticker means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this article and other sections of this Code. (76) Roof sign means any sign erected, constructed, or placed upon, over, or extends above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extends above the lowest vertical section of a mansard or gambrel roof. (77) Sign means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (a) Providing information or directions; or Page 7 of 23 (b) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns, which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. (78) Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters. Grocery I OIOolal.1 rty. Sgn AIM I ... 'ff "d" ... I_ x ( ttfcI1I-te) ::I San M8 I Figure 5" - Caltulating Sign Area (79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. Page 8 of 23 (80) Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. (81) Sign inventory sticker number means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. (82) Sign registration means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with the Code after an analysis conducted as part of a sign inventory. (83) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (84) Temporary sign means a sign not constructed or intended for long-term use. (85) Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. (86) Time and temperature sign means any sign that displays the current time and temperature, without any commercial message. (87) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (88) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (89) Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. (90) Warningsign means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (91) Window sign means all signs affixed to a window and intended to be viewed from the exterior of the structure. (Ord. No. 95-235, 9 4, 6-6-95; Ord. No. 99-348, 9 5,9-7-99; Ord. No. 99-357, 9 5, 12-7- 99; Ord. No. 05-486,9 3, 4~19-05; Ord. No. 05-487, 9 3,4-19-05; Ord. No. 05-504,93, 10-4-05) 22-1598 Scope. This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered after February 28, 1990, the date of incorporation, or after the effective date of annexation if located in areas annexed to the city thereafter. Any nonconforming sign shall be regulated pursuant to FWCC 22-335. (Ord. No. 95-235,94,6-6-95; Ord. No. 99-348, S 5, 9-7-99; Ord. No. 99- 357,95,12-7-99; Ord. No. 05-486, 9 3,4-19-05) 22-1599 Permits. (a) Permit requirements. No sign governed by the provisions of this Code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to subsection (d) of this section. An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this Code, or date of annexation if located in areas annexed to the city thereafter, do not conform with this Code's requirements may be eligible for characterization as legal nonconforming signs under FWCC 22- 335. (b) Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to insure compliance with this Code. Page 9 of 23 (c) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance. All signs for which a pennit was issued must receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. (d) Penn it exceptions. (1) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (2) Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements: a. Address identification with numbers and letters not more than 10 inches in height. b. Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. c. Barber poles. d. Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also permitted. e. Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. r. Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size but Dot larger than 40 square feet in SIze. g. Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. h. Gravestones or other memorial displays associated with cemeteries or mausoleums. i. Historical site plaques and signs integral to an historic building or site. j. Holiday decorations displayed in conjunction with recognized holidays. k. Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. 1. Instructional signs that do not exceed six square feet in area per sign face. m. Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product service, or registered trademark. n. Integral signs when no more than one per building. o. Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. p. Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). q. Nameplates not to exceed two square feet per sign face. r. Nonblinking small string lights, which arc part of decoration to be used in association with landscaped areas and trees. Page 10 of 23 s. Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II XJU, Division 8 of this chapter. t. Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. u. Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. v. Private notice signs. w. Real estate signs. 1. Otl--site. The number of off.site real estate signs shall be limited to s* ten per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs. except that sjgns may be placed less than 200 lineal teet apart when necessary to indicate a turn or chanl!e in directiq!L<2f travel. The area of such signs shall be no greater than six square feet per sign face. All off-site rea] estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between swrrise and sunset when the seller or the agent are in attendance at the subject property. 2. On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. x. Temporary business signs for temporary business defined by FWCC 9-J.86 Chapter 9. Article Vn.OiY~:j:i.Q1},J; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. y. Under canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or more. z. Warning signs. aa. Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. bb. Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the field. (e) Temporary and special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be used unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 1, "Allowances for Temporary and Special Signs - Permit Required." (f) Government signs. The allowable type, number, sign area, height, location, and content of signs used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances for Residentia] Zones - Permit Required." Signs for government facilities in non-residential zones must comply with the requirements of FWCC 22-]601. All signs must be approved by the city. Street and traffic signs are excluded from these requirements. (g) Residential zone signs. No permit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, Page 11 of23 duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones - Permit Required." (h) Sign registration. No person shall maintain a sign in the city without first having been issued a proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from permit requirements. All signs exempt from the permitting requirements set forth in this section shall be exempt from the registration requirements, or from having to obtain a sign inventory sticker, However, exempt signs must still be reviewed to ensure conformance with this article. A sign registration shall be valid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit. The city shall affix the registration sticker containing the registration number to the permitted sign. For signs located in areas annexed to the city, the city will issue a Notice of Determination as to whether the sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this Code. (i) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with any aspect of this article. Table 1 Allowances for Temporary and Special Signs - Permit Required Sign Purpose! Applicable Sign Type Maximum Maximum Sign Area Maximum Height Location Remarks Description Zones Allowed Number Civic event or All Wall-mounted Handled on a OfT-site signs, excluding Five feet except On site and 30 days prior to the community banners, case-by-case wall-mounted banners, wall-mounted off site event. Remove within service event temporary basis may be no larger than six signs five days of the close (temporary) portable signs, square feet per face. On of the event inflatable site signs and wall- advertising mounted banners may be devices, search no larger than 32 square lights and feet per face beacons Civie event or All Freestanding One per site The total sign area of Monument signs: Non- Electronic changeable community monument or freestanding monument six feet. residential message signs serVice event wall sign signs shall not exceed 64 Freestanding zones: on/off allowed. Signs cannot (pcnnanent) square feet for the total of signs: 12 feet. site, contain commercial all faces and nO one face Wall signs shall Residential messages shall exceed 32 square not project above zones: on site feet. Wall signs shall not the roofline only exceed seven percent of the exposed building face to whieh it is attached Special sale/ Non-residential Banners only Handled on a Handled on a case-by- Handled on a On site_ Special promotions: promotional zoning districts casc-by-case case basis case~by-case basis Banners must 90 days total per event (e,g" basis be attached to calendar year. No anniversary an exposed more than four events sale, etc.) building face per year. Does not include window sims Grandopcnings Non-residential Banners, Handled on a Handled on a case-by- Handled on a On site. Grand openings: 30 zoning districts temporary case-by-case case basis case~by-case basis Banners must days, Event must portable signs, basis be attached to occur within 60 days inflatable an exposed of occupancy advertising building face devices, search lights and beacons Mutal display Non~residential Painted mural Handled on a Handled on a case-by- Handled on a Handled on a zoning districts case-by-casc case basis ease-by-case basis case-by-case basis basis Scoreboards(at All Electronic Handled on a Handled on a case.by- Handled On a Handled on a hletic fields) changeable ease-by-case case basis case-by-casc basis ease.by.ease message sign basis basis Page 12 of23 Table 2 Sign Allowances for Residential Zones - Permit Required Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM) Land Use Applicable Sign Type Maximum Maximum Sign Area Maxi",um Location Remarks Zone Allowed Number Height Institutional SE, RS, RM Canopy sign One sign for The total sign area of Wall and Subjcct Intemally illuminated · Govt. facility Monument sign each public monument signs shall canopy signs: property: signs are not allowed; . Public park Pedestal sign entrance not exceed 64 square cannot setback five- provided, however, that . Public utility Wall sign providing feet for the total of all project above foot minimum electronic changeable . School direct vehicle faces and no one face the rootline. message signs and access shall exceed 32 square Monument changcable copy signs feet. Wall signs and signs: six are allowed. City may canopy signs shall not feet. Pedestal impose additional exceed seven percent sign: 12 fect limitations on signs to be of the exposed compatible with nearby building face to which residential areas it is attached Recreation SE, RS, RM Canopy sign One sign lor The total sign area of Wall and Subject Internally iIIuminatcd . Golf course Monument sign each strecl monument signs shall canopy signs: property: signs arc not allowcd; . Recreation Pedestal sign frontage not exceed 64 square cannot setback five- provided, however, that area or Wall sign providing feet for the total of all project above foot minimum the electronic clubhouse direct vehicle faces and no one face the roolline. changeable message . Sports field - access shall exceed 32 square Monument signs and changeable Private, non~ feet. Wall signs and signs: six copy signs are allowed. commercial canopy signs shall not feet. Pedestal City may impose exceed seven percent sign: 12 feet additional limitations on of the exposed signs to be compatible building face to which with nearby residential it is attached areas Residential SE, RS, RM Monument sign One per Two square feet Wall and Subject Commercial messages dwelling units Wall sign dwelling unit canopy signs: property: not allowed. Internally cannot setback five- illuminated or electrical project above foot minimum signs not allowed the roofline. Monument signs: five feet Subdivision SE, RS, RM Monument sign Two per Two signs per Wall and Subject Commercial messages identification Pedestal sign major entrance totaling no canopy signs: property not allowed. Internally Pole sign entrance more than 50 square cannot illuminated or electrical Pylon sign feet. No one sign may project above signs not allowed. Signs Wall sign be more than 32 the roofline. may be included as part square feet Monument, of a fence or other pedestal, pole architectural feature or pylon signs: five feet Manufactured RS,RM Monument sign Two per 32 square feet per Wall and Subject Commercial messages home park Wall sign major entrance. Wall signs canopy signs: property: not allowed_ Internally identification entrance and canopy signs cannot setback five- illuminated or electrical shall not exceed seven project above foot minimum signs not allowed percent of the exposed the roofline. building face to a Monument maximum of 100 signs: five square feet feet Multifamily RM,RS Monument sign Two per 32 square feet per Wall and Subject Commercial messages complex Wall sign major entrance. Wall signs canopy signs: property: not allowed. Phone identification entrance and canopy signs cannot setback five- numbers are permitted shall not exceed seven project above foot minimum on wall-mounted signs percent of the exposed the roolline_ when not Hlcing another building face to a Monumcnt residential use. Internally maximum of 100 signs: five illuminated or electrical square feet feet signs not allowed Page 13 of 23 ,'-'I Ltmd Use Applicable Sign Type Maximum Maximum Sign Area Maximum Location Remarks Zone Allowed Numher Height Unique SE, RS Handled on a Handled on a Handled on a case-by- lIandled on a Handled on a Handled on a case.by- . Cemetery case-by-case case-by:-ease case basis case-by-case case-by-case case basis basis basis basis basis Day care Or SE, RS, RM Canopy sign One Wall or canopy signs Five feet Subject Electronic changeable pre-school, Monument sign freestanding may not exceed seven property : message signs and excluding Wall sign sign per street percent of the exposed setback livc- changeable copy signs Class" home frontage building face to which foot minimum are allowed. City may occupations the sign is attached to impose additional a maximum of 50 limitatilIDS on signs to be square feet. The total compatible with nearby sign area for residential areas monument signs may not exceed 20 square leet per sign face, A day care or pre-school that is part of a church or synagogue may add 20 square feet per face to an existing monument sign associated with the church or synagogue Church, SE, RS, RM Canopy sign One sign for The total sign area of Wall and Subject Electronic changeable synagogue, or Monument sign each street monument signs shall canopy signs: property: message signs and other place of Wall sign frontage nOl exceed 64 square cannot setback five- changeable copy signs worship providing feet for the total of all project above foot minimum are allowed. City may direct vehicle faces and no one face the rootline, impose additional access shall exceed 32 square Monument limitations on signs to be feet. Wall signs and signs: five compatible with nearby canopy signs shall not feet residential areas exceed seven percent of the exposed building face to which it is auaehed (Ord. No. 99-348, ~ 5, 9-7-99; Ord. No. 99-357, ~ 5, 12-7-99; Ord. No. 05-486, ~ 3,4-19-05; Ord. No. 05-487, ~ 3, 4-19-05) 22-1600 Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22- 1604: (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to Table I and FWCC 22-1 599(d)(2)(f). (4) Billboards. (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeable message signs or changeable copy signs. (7) Graffiti. (8) Inflatable advertising devices, except as expressly allowed in FWCC 22-1 599(e). (9) Mylar balloons. (10) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (11) Off-site signs except those expressly allowed in this chapter. (12) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table I of this article. (13) Portable signs except as expressly allowed in FWCC 22-1 599(d)(2). Page 14 of23 (14) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (i.e., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.). (15) Right-of-way signs including any sign in a public right-of-way except governmental signs. (16) Roof signs. (17) Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. (18) Snipe signs. (19) V chicle signs including any sign attached to, or placed on, a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during the normal course of business. (Ord. No. 95-235, 9 4, 6-6-95; Ord. No. 99-348, 9 5,9-7-99; Ord. No. 99-357, 9 5, 12-7-99; Ord. No. 05-486, 9 3,4-19-05) 22-1601 Signs in nonresidential zoning districts. (a) Freestanding signs. Pennit applications for freestanding signs shall be designated as qualifYing for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. In addition to the categories available in FWCC 22- I 60 I (a)(I) and (2), a subject property may be permitted an additional freestanding sign if it meets the criteria contained in I,Wee 22-1601 (a)(4). Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by virtue of architectural style or theme, are permitted one freestanding monument or pedestal sign not to exce.ed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profile sign. a. Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: I. A minimum of250 feet of frontage on one public right-of-way; 2. A zoning designation of city center core (CC-C) or city center frame (CC-F), or community business (Be); 3. A multiuse complex; and 4. A minimum site of 15 acres in size. b. Sign types. The following sign types are allowed for a high profile sign: 1. Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; 2. Pedestal signs; 3. Monument signs; 4. Tenant directory signs; and 5. Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. A high profile sign shall not exceed the following maximum heights: 1. Pylon or pole sign: Twenty-five feet; 2. Pedestal or monument signs: Twelve feet if in lieu of a pylon or pole sign. Otherwisc, pedestal and monument signs shall not exceed five feet; Page 15 of 23 3. Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. d. Sign area. A high profile sign shall not exceed the following maximum sign areas: 1. Pylon or pole sign: 400 square feet for the total of sign faces with no one SIgn face exceeding 200 square feet; 2. Pedestal or monument signs: 128 square feet for the total of all sign faces with no one face exceeding 64 square feet; 3. Tenant directory or kiosk signs: 15 square feet per sign face. e. Number of signs. A subject property qualifying for a high profile sign may have the following maximum number of signs: I. Pylon or pole sign: One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights~of-way, in which case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject property; 2. Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(1) of this section. In addition, two monument signs which identify the name of any multiuse complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and 3. Tenant directory or kiosk signs: One sign per frontage on a public right-of-way. (2) Medium profile sign. a. Criteria. A subject property that does not qualify for a high profile sign pursuant to subsection (a)(1) of this section and is not a low profile sign by being zoned office park (OP) or professional office (PO) pursuant to subsection (a)(3) of this section is permitted a medium profile freestanding sign. b. Sign types. The following sign types are allowed for a medium profile sign: 1. Pedestal signs; and 2. Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. The height ofa medium profile sign shall be calculated at the rate of 0.75 feet in the sign height for every 10 lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign height for every 10 lineal feet of frontage on a public right-of-way for any multi-tenant complex; and provided further, that such sign shan not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet. d. Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. e. Number of signs. A subject property qualifying for a medium profile sign may have one pedestal or monument sign for each street frontage. Each street frontage exceeding 300 linear feet and containing more than one vehicular access is permitted one additional freestanding sign. No subject property may contain more than three freestanding signs regardless of total linear street frontage and no one street frontage may have more than two freestanding signs. Freestanding signs shall be located a minimum distance of 200 feet from other freestanding signs on the same subject property. Page 16 of23 (3) Low profile sign. a. Criteria. A subject propcrty located in the office park (OP) or professional office (PO) zone is permitted a low profile freestanding sign. b. Sign types. The following sign types are allowed for a low profile sign: 1. Pedestal signs; 2. Monument signs; and 3. Tenant directory signs. Sign content for any pedestal or monument sign may include center identification signs and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon SIgn. c. Sign height. A low profile sign shall not exceed the following maximum heights: I. Pedestal or monument signs: Five feet. 2. Tenant directory signs: Six feet unless the sign is set back a minimum of 50 feet from any public right~of-way, in which case it may be 10 feet. d. Sign area. I. Pedestal or monument signs: Sign area allowed for a low profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way; provided, however, that a low profile sign shall not exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet; 2. Tenant directory signs: 15 square feet per sign face. e. Number of signs. A subject property qualifying for a low profile sign may have the following maximum number of signs: 1. Pedestal or monument signs: One sign per frontage on a public right-of-way; and 2. Tenant directory signs: One sign per frontage on a public right-of-way. (4) Freeway profile signs. In addition to the categories available in FWCC 22-1601(a)(I) and (2), a subject property may be permitted an additional freestanding sign if it meets the following: a. Criteria. I. Abuts the right-of-way of Interstate 5; 2. Is located in zoning designation of City Center Core (CC-C), or Community Business (BC). b. Sign type. A pylon or pole sign is allowed provided, that any pylon or pole sign must have more than one pole or structural support; and its design must be compatable to the architecture of the primary structure on site or to the primary sign(s) already permitted on the subject property. Alternatively, a pylon or pole sign may have one pole or structural support if it results in superior design, which shall be subject to the director's approval. Sign content for any pylon or pole sign, may include center identification signs provided, however, that an font sizes used are a minumum two (2) feet tall. Any freestanding freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message signs shall not be permitted. c. Sign orientation. The sign must be oriented toward 1-5, be visible from 1-5 (not the off-ramps), and be located near the property line closest to 1-5. d. Sign height. If the subject property has an elevation lower than the freeway, a freeway profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point nearest to the proposed location of the sign. Ifthe subject property has an elevation that is higher than the nearest driving lane of the freeway, then the sign shall be no taller than 20 feet above the average fin shed ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average finshed ground elevation measured at the midpoint of the Page I7 of 23 sign base in order to be visible above trees or other obstructions, subject to the director's approval. The sign height shall be measured by a licensed surveyor and the applicant shall be responsible for providing the surveyor. e. Sign area. 1. For a subject property with a multi-tenant complex, a center identification sign identifying only the name of the center shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 2. For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex, and which is located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 3. For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex, and which is located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. 4. For a subject property with a multi-tenant complex, a sign advertising just one business shall be located 50 feet or less from the advertised activity with no one sign face exceeding 150 square feet. No one dimension ofthe sign face may exceed 20 feet. 5. For a subject property with a single-tenant building, a sign located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 6. For a subject property with a single-tenant building, a sign located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. f. Number of signs. A subject property qualifYing for a freeway profile sign may have only one freeway profile sign per subject property. The applicant shall be responsible for compliance with applicable federal, state and local laws including the Revised Code of Washington (RCW) 47.42 and the Washington Administrative Code (WAC) 468-66. (5) Combined sign package for adjacent property owners. The owners of two or more properties that abut or are separated only by a vehicular access easement or tract may propose a combined sign package to the city. The city will review and decide upon the proposal using process Ill. The city may approve the combined sign package if it will provide more coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be detennined as if the applicants were one multi-tenant complex. (b) Building-mounted signs. (1) Sign types. The following sign types may be building-mounted signs and are allowed in all nonresidential zoning districts: a. Awning or canopy signs; b. Center identification signs; c. Changeable copy signs; d. Civic event signs; e. Directional signs, on-site; f. Electronic changeable message signs; g. Instructional signs; h. Marquee signs; i. Projecting signs; j. Tenant directory signs; k. Time and temperature signs; 1. Under canopy signs; and Page 18 of23 m. Wall-mounted signs. Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the roofline of the exposed building face to which it is attached. (3) Sign area. The total sign area of building-mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a freestanding sign may have two additional wall-mounted signs. No one sign may exceed seven percent of the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face. (4) Number of signs. The number of building-mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or her building as follows, excluding wall-mounted center identification signs: JLargest Exposed Building Face !Maximum Number of Signs I Less than 999 sq. ft. 2 I 1,000 - 2,999 sq. ft. 3 I 3,000 - 3,999 sq. ft. 4 I 4,000 and over sq. ft. 5 Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an applicant is allowed to move allotted signs, as calculated in subsection (b)(4) from one building face to another. Each business or use shall be permitted under canopy signs in addition to the other permitted building-mounted signs subject to the size and separation requirements set forth in FWCC 22- 1599( d)(2)(w). (c) Sign area multipliers. The sign area and sign number allowed, as set forth in subsection (a)(I)(d) and (a)(I)(e) of this section for high profile signs, (a)(2)(d) and (a)(2)(e)ofthis section for medium profile signs, and (a)(3)(d) and (a)(3)(e) of this section for low profile signs and subsection (b)(3) of this section for building-mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (I) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building-mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 96-270, ~ 3(F), 7-2-96; Qrd. No. 99-348, ~ 5,9-7-99; Ord. No. 99-357, ~ 6,12-7- 99; Ord. No. 05~486, ~ 3, 4-19-05; Ord. No. 05-504, ~ 3, 1 0-4~05) 22-1602 Construction standards. (a) Structural components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guy wires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of the overall design such as decorative metal or wood. Page 19 of23 (b) Sign setback requirements. The required setback from the property lines for all signs shall be not less than five feet from the subject property line in residential zones and not less than three feet from the subject property line in all other zones. (c) Dimensional and design standards. (1) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for pedestal, pole or pylon signs: D 11180 --I-r =.~ ... .... ........ Figure 6 - Type A Pecrestal A ~ 50% of B A ~ 50% ofD B = Height of sign (maximum height - FWCC 22-1601) C ~ 20% of B 188N--1 E t ....- =.~ -.- ~.~ ,...,._I&-l_ "ligure' - Type B Pole or P)'lon Si~n B = Height of sign (maximum height - FWCC 22-160 I) C~20%ofB E ;::: 4 inches (2) Monument signs. The following figures illustrate the dimensional standards for monument sIgns: Page 20 of 23 8 B1 -- . -- .. ... D ....... .......~..,..., Figure 8 - M()nu~t Sign A: Maximum height of sign per FWCC 22- 1601 B: Maximum = 200% of A C: Minimum = 20% of A D: Equal to 100% of B (3) Design criteria. a. Sign base. The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and subject to the administrator's approval. No visible gap shall be allowed between the sign base and the finished grade or between the sign face or cabinet and the sign base. b. Sign face. The color, shape, material, lettering and other architectural details of the sign face must be harmonious with the character ofthe primary structure. (4) Minor deviations. Minor deviations from the dimensional standards for signs, except for maximum sign height, may be approved by the administrator ifhe or she concludes that the resulting sign does not significantly change the relative proportion of the sign base to the sign face. (d) Location. No sign shall be so located so as to physically obstruct any door or exit from a building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from buildings or parking areas. No sign shall be located within the clearview zone. (e) Landscaping around freestanding signs. To improve overall appearance of the sign and to reduce the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not require more than 200 square feet of landscaped area. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases as evidenced in plazas, patios and other pedestrian areas, planter boxes, pole covers or decorative framing. Landscaping can include evergreen shrubs, deciduous shrubs, vines, and groundcover or grasses. If low shrubs and groundcover are to be used, at the time of planting, a minimum of 50 percent of the required landscaped area should be planted with low shrubs and ground cover such that within two years, 90 percent of the landscaped area is covered. If all grasses are to be used, the landscaped area must be covered 100 percent at time of planting. Low maintenance plantings are recommended. Alternative landscape plans may be submitted in writing and will be reviewed on a case~by-case basis. These may include, but are not limited to, existing plantings in the area of the sign or landscaping required to be provided under Article XVII, Landscaping, of this chapter. (f) Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain or utilize any of the following: Page 2] of23 (1) Any exposed incandescent lamp with a wattage in excess of 25 watts. (2) Any exposed incandescent lamp with an internal or external reflector. (3) Any continuous or sequential flashing device or operation. (4) Except for electronic changeable message signs, any incandescent lamp inside an internally lighted sign. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger. ballasts if the lamps are spaced closer than 12 inches on center. (7) Internally lighted signs using 425~milliamp or larger ballasts if the lamps are spaced closer than six inches on center. (8) All illumination for externally illuminated signs must be aimed away from nearby residential uses and on~coming traffic. (g) Setback and distance measurements. The following guidelines shall be used to determine compliance with setback and distance measurements: (1) The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs. (2) The distance between a sign and a property line shall be measurcd along a straight line representing the shortest distance between the sign and the property line. (Ord. No. 95~235, S 4, 6-6-95; Ord. No. 99-348, S 5, 9-7-99; Ord. No. 99-357, S 5, 12-7-99; Ord. No. 05-486, S 3, 4-19-05) 22-1603 Variance from sign code. (a) Scope. This section establishes the procedure and criteria the city will use in making a decision upon an application fora variance from the provisions of this sign code. (b) Required review process. The city will review and decide upon applications for a variance to any of the provisions of this article using process IV, Article VII of this Code. (c) Criteria. The city may grant the variance only if it finds all of the following: (I) The literal interpretation and strict application of the provisions and requirements of the sign regulations would cause undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or subject property; (2) A sign package consistent with the provisions of this article would not provide the use or the business with effective signs; (3) 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 zone in which the subject property is located; (4) The variance is not granted for the convenience of the applicant or for the convenience of regional or national businesses, which wish to use a standard sign; (5) The special circumstances of the subject property are not the result of the actions of the applicant, the owner of the property or a self-induced hardship; and (6) The 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. (d) Conditions and restrictions. As part of any variance approval of a request under this section, the city may impose any conditions, limitations or restrictions it considers appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be filed with the county to run with the property by which, at a time certain or upon specific events, the signs on the subject property would be brought into compliance with all applicable city regulations then in effect. The city may also require a performance bond under FWCC 22-I599(i) to insure compliance with any such condition or restriction. (Ord. No. 95- 235, S 4, 6~6~95; Ord. No. 97-291, S 3, 4~1-97; Ord. No. 99~348, S 5,9-7-99; Ord. No. 99-357, S 5, 12-7~99; Ord. No. 05-486, S 3,4-19-05) Page 22 of23 22-1604 Compliance and enforcement. (a) Compliance with other applicable codes. All signs erected or altered under this article must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the International Building Code and the National Electric Code as adopted in FWCC 5-66 by the city. If any provision of this Code is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevaiL (b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The area surrounding freestanding signs must be kept free oflitter and debris atall times. (c) Administrative fee. All signs removed by the city shall be available for recovery by the owner of such sign for a period of two weeks, after which they will be destroyed. Recovery of any sign removed by the city shall be subject to payment of an administrative fee to partially cover the city's cost in removing and storing the sign as follows: (1) First violation fee: $5.00 per sign. (2) Subsequent violations fee: $7.00 per sign. The city shall not be responsible for damages or loss during removal or storage of any signs. This administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter. . (d) Civil enforcement. Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed as set forth below, and by Chapter I FWCC, Article m, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or Chapter 1 FWCC, Articles II and m, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (e) Reserved. (f) Inspection. The administrator is empowered to enter or inspect any building, structure or premises in the city, upon which, or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. (g) Abatement by the city. (I) Authority to remove sign. As part of any abatement action under Chapter 1 FWCC, Article m, the city or its agents may enter upon the subject property and cause any sign which violates the provisions of the sign code to be removed at the expense of the owner, tenant, lessee or occupant, either jointly or severally. In addition to the abatement authority provided by proceed~ngs under Chapter 1 FWCC, Article III, the city or its agents may summarily remove any sign placed on a right-of-way or public property in violation of the terms of this article. Recovery of costs for removal of any signs as provided herein shall be as provided in Chapter 1 FWCC, Article III. (Ord. No. 95-235, S 4, 6-6-95; Ord. No. 99-342, S 5, 5-4-99; Ord. No. 05-486, S 3,4-19-05) 22-1605 Reserved - Comprehensive design plan. (Ord. No. 95-235, S 4, 6-6-95) 22-1606 - 22-1629 Reserved. 1:\2006 Code Amcndmcnts\Real Estale Signs\LlJTC\Code Language_doc Page 23 of 23 ~ CITY OF r-....;;;;:;?' Federal Way EXHIBIT .2 PAGE-LOF ~ ST AFF REPORT TO THE PLANNING COMMISSlON Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs" File No. 06-100180-00-UP/06-100181-00-SE Planning Commission Meeting of February 15,2006 I. UACKGROlJND The City Council received a request by Real Estate Agent Marylyn Gates on behalf of the Board of Realtors to amend the sign code to reduce the 200 foot lineal separation requirement for off-site real estate directional signs to less than 200 feet when necessary in order to indicate a turn or change in direction of travel (Exhibit A). At a December 6, 2005, public hearing, the City Council determined that this code amendment should go forward for further review. A Determination of Nonsignificance was issued for this proposed code amendment on January 18, 2006. II. DISCUSSION Pursuant to Federal Way City Code (FWCC) Section 22~1599(w), "Real Estate Signs," real estate signs are limited to six per property per agent, provided that there is a 200-foot lineal foot separation between signs. As stated in the August 6,2003, letter from Marylyn Gates (Exhibit A), open house signs are used to direct potential buyers to homes that are for sale. Often, a potential buyer may need to travel in a different direction before having traveled 200 feet from the previous sign. With no sign at the turn to guide them, they may get lost, resulting in them not finding the house for sale. After the December 6, 2005, public hearing, staff contacted Ms. Gates to inform her that a draft code amendment was being drafted in response to her request. At that time, Ms. Gates had one additional request to increase the maximum allowable number of off-site real estate signs per property per agent from six to ten. This would allow adequate signage when access to the property for sale is from two major directions. III. DISCUSSION OF PROPOSED CODE AMENDMENTS The draft code amendment is enclosed as F;xhibit B. Language proposed to be deleted is shown as strikeout and proposed new language is shown as underline. EXHIBIT 2- PAGE Q. OF -!.- I. Grammatical Corrections Grammar has been corrected in various parts of the Article. See Pages 8 and /0, where commas have been added before the word "which." 2. Corrections to Code Citations Citations have been corrected in Sections 22-/599(d)(2)(s) and (d)(2)(x) 3..<; follows: (s) Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be pemlitted in conjunction with an outdoor use, activity, or storage as authorized under Article II ~JIJ, Division 8 of this chapter. (x) Temporary business signs for temporary business defined by FWCC 9---J8{, ~hapter 9. Article VII. DivIsion I; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign facc. 3. Language to Address Separation and Increase Allowable Number Off-Site Real Estate Signs Amcndments arc being proposed to Section 22-/599(d)(2)(w) as follows: (w) Real estate signs. I. Off-sitc. The number of off-site real estate signs shall be limited to sf*: !~!! per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between sueh signs,,, exceRt that signs may be placed less than 200 lineal feet apart when llecessary to indicate a tUl!!.QL!2...l}~nge in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are pennitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. IV. STAFF RECOMMENDATION Staff recommends that the code amendment as outlined in Section III above and enclosed as Exhibit B be recommended for approval to the City Council. V. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: Real Estate Signs Planning Commission StalT Report January 3 I, 2006 Page 2 EXHIBIT ~ PAGE ! OF~ I _ To review and evaluate the zoning code text regarding any proposcd amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528- 3. To forward a reconunendation to City Council regarding adoption of the proposed zoning code text amendment. VI. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. '1be following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only ifit finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goal: EDG-6 The City will encourage and support existing businesses to remain and lor expand their facilities within Federal Way. The comprehensive plan encourages success of business in Federal Way as a general concept. The success of business has a direct impact to the City's tax base, which provides the money to provide City services and amenities. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendments bear a relationship to the public health, safety, and welfare because the amendments will assist both the real estate community and potential buyers by directing potential buyers to properties for sale. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendments are in the best interest of the residents of the City because they support real estate activities and help potential buyers in locating properties for sale. VII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: Real ESlale Signs Planning Commission Slaff Report January 3 I, 2006 Page 3 EXHIBIT --2 pJ).n~ ___ ~__.c F' .~~. h'__ I. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. EXHIBITS Exhibit A -. Letter from Marylyn Gates, August 7, 2003 Exhibit B - Federal Way City Code Chapter 22, Article XVIII, "Signs," with Proposed New Language 1:\2006 Code Amendments\Rcal E~late SignslPlanning Commissionlf'13IlJ1ing Commission Staff RepOJtdoc Real Estate Signs Planning COllunission Staff Report January 31, 2006 Page 4 EXHIBIT ~ I- PAGE----LOF ~ August 7, 2003. Dear Derek, Please find herewith a copy of a letter that was generated for me by the Board of Realtors. Whcn J went over the sign ordinance I found a small omission that made things rather difficult for Realtors holding open houscs. With the 200 lineal foot rule it precludes A board signs bcing used for a directional change within that 200 feet Apparently it is a fairly simple amendment and the attached letter I have given to Jack Dovey should cover it. I am sure it was just a drafting oversight and should be fairly easy to rectify. Please call me if you need any further information. Thank you for your consideration of all this. Hope all is going well for you. ~p ~yn Gates. (.) Windermere redcral Way EXHIBIT ~ I. PAGE-L-OFJi- TO: COPY: FROM:'" COUNCILMAN JACK DOVEY, FEDERAL WAY CITY COUNCIL. DEREK f4ATHISON, ASSISTANT CITY ~1ANAGER. ~-- Marylyn J. Gates Windermere Real Estate/South, Inc. 33405 6th Ave South Federal Way, WA 98003 RE: Proposed Sign Code Amendment to FWC 22.1599 (d) (2) (w) (1) DATE: August 6, 2003 Dear As you may know, lam a REALTOR with Windermere Real Estate in Federal Way. We've recently moved into our new offices on 6th A venue South. I'm writing to ask your assistance in connection with a very small, but important, technical change that is needed in connection with Section 22.1599 (d) (2) (w) (I) oCthe Federal Way sign code. Section 22.1599 (d) (2) (w) (I) deals with off~site Open House real estate signs. ItJequires that an agent or seller's Open House Signs be separated by at least 200 lineal feet. I understand, appreciate and support the rationale behind the 200-foot requirement. However, there is one kind of situation where the 200-foot separation requirement is dysfunctional, and collllIlon sense indicates a small technical correction is needed.' I'm writing to ask that you implement such a change expeditiously. As you know, Open House Signs are used to' dired potential buyers to homes that are for sale. Often, a potentia:! buyer will need to turn their vehicle to go in a different direction;before having traveled 200 feet. This sitmition occurs when the intersections are less than 200 feet apart, and where a turn is required before traveling a full 200 feet. If the agent or seller is not able to place a sign at the intersection where the buyer needs to turn the vehicle, buyers will tend to get lost and may not fmd the home. That undesirable result is of significant import because; L The Seattle-King-County Association of REALTORS (SKCAR) observed that the Real1!.state Insider Report indicated that 75% of their survey respondents (real estate agents) identified signs as their most effective sales technique. National research studies Windenncre Real Estate/South, IDe. 33405 6th Avenue South. Federal Way, W A 98003 . 253/838-8900' Fax 253/838-8975 .. EXHIBIT ~ l. PAGE~OF -4-- from 1991 demonstrate that 42% of all buyers used signs in locating the home they purchased. Even more important, however, 17% of all of the buyers found the home they purchased using ONLY the signs. 2. Those are national figures. The local data is also compelling. John L. Scott Real Estate, Inc. (the second largest residential brokerage firm in Washington State and one of the largest firms in the nation) engaged the services of Hebert Research (a well-known and highly regarded research company here in King County) to analyze the role of signs in the buying process. The Hebert Company's research revealed the following: In Western Washington. 50.5% of the buyers said that they found out about the open houses they visited using the real estate signs (as opposed to using newspapers. their agent, brochures. weekly reports. referral by friends or family. television~ or other means). It may also be worth noting that respondents who "on were 46-50 years old were significantly more likely to have found out about open houses by seeing signs when driving around..." 3. Many buyers use the off-premises directional signs to search independently for a home, and then contact a Realtor to represent them only after they have identified a property in which they are interested. The off-premise signs that direct thein to the properties playa critical function in this dynamic. 4. There is one other group that makes extensive use of the signs: First Time Buyers. Buying their first home is a big, big, step for many families. This is especially true when the average sales price in South King County is now well over $200,000. These kinds of . prices can scare the daylights out of First Time Buyers. Not surprisingly, many First Time Buyers prefer to tiptoe gently into the raging torrent of our current real estate _ market. By using the off-premise signs to locate homes that are for sale they can attempt to get a sense oCthe market at their own pace, instead of being in the car with a RealtoL In doing so they are able to avoid the potential to feel pressured by real estate agents who understand that while they are driving around looking, home- prices may continue to rise . significantly. ..- 5. Finally, it's important to remember that these Open House Signs play a critically important role in the City's efforts to comply with the Federal Fair Housing mandates contained in the 1988 Federal Fair Housing Amendments to the Civil Rights Act of 1968: Real Estate signs allow any person, without regard to race, religion or national origin, to know that the home is being offered for sale. They serve, and reinforce, the morally correct policy that our communities must be open to persons of all races, and that unlawful discrimination in housing opportunities is unacceptable. Accordingly, even though this problem in FWC 22.1599 arises from a small technical "glitch" in the ordinance, it's important that the easy conmlOn sense correction be adopted because of the EXHIBIT J 0 ~ & PAGE-4-0F ~ significant role Open House Signs play in real estate transactions, and in Fair Housing. It's also important because having a reasonable common sense sign code encourages voluntary compliance. The easy, conunon sense correction would be to allow an agent or seller to have hislher off-site Open House Signs within 200 feet of each other when necessary because tUIns are required at intersections that are less than 200 feet apart. To implement this common sense correction, we recommend adding language to Section 22.1599 (d) (2) (w) (1) so that it reads as follows: Section 22.1599 (d) (2)... w. Real estate si!;!lS. I. Off-site. TIle number of off-site real estate signs shall be limited to six per property per agent; provided, however, that there shall be a minimum separationof200 lineal feet between such signs, ~~~c:pJl.h.ill ~!I..~ent or selle(~ open house ~ns may be placed closer than 200 lineal feet wh~re doin~ so i~~!!~cessary to indicate th~t;t_!.'!.I~__~I~c! ~han~~~!n the direction of vehicular travel is required for a potential buyer to continue proceediD~ towards the home that is offered for sale. The area of such signs shall be no greater than six square feet per sign face. Allolf-site real.estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. 2...... Ifan agent or seller can't put their Open House Sign at the intersection where Buyers need to turn, it's a little bit like putting the Southbound 1-5 exit signs for Federal Way somewhere North of Fife but South of Exit 142 (Hwy 18). Thank you in advance for your consideration of my request for what I hope you will agree is a small, but important, conunon sense correction to Section 22.l599 (d) (2) (w) (l). Sincerely, WINDERMERE REAL ESTATE Marylyn Gates cc: Sam Pace, SKCAR Housing Specialist Ginger Downs, SKCAR Executive Officer David Crowell, SKCAR Director of Governmental and Public Affairs . . Federal Way City Code Chapter 22. Article XVIII. SIGNS EXHIBIT . 0 12. PAGE--LOF ~ Sections: 22-1596 Purpose. 22-1597 Definitions. 22-1598 Scope. 22-1599 Permits. 22-1600 Prohibited signs. 22-1601 Signs in nonresidential zoning districts. 22-1602 Construction standards. 22-1603 Variance from sign code. 22-1604 Compliance and enforcement. 22-1605 Reserved - Comprehensive design plan. 22-1606 - 22-1629 Reserved. 22-1596 Purpose. It is the purpose of this article to balance public and private needs. Within this broad purpose are the following objectives: (I) Recognize the visual communication needs of all sectors of the community for identification and advertising purposes; (2) Promote a positive visual image of the city and protect property values by: a. Encouraging signs that are appropriate and consistent with surrounding buildings and landscape in both scale and design, appropriate to the size of the subject property and the amount of street frontage adjacent to the subject property, and appropriate in relationship to the size of the building; and b. Discouraging excessive numbers of signs; (3) Protect the public health, safety, and welfare by regulating the placement, removal, installation, maintenance, size, and location of signs; (4) Support and enhance the economic well~being of all businesses within the city, and in particular recognize the needs of all businesses to identify their premiscs and advcrtisc thcir products; (5) Assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement; (6) Provide consistency with the comprehensive plan; (7) Recognize that the aesthetic value of the total environment does affect economic values of the community, and that the unrestricted proliferation of signs can and does detract from the economic value of the community; (8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic values; and (9) Provide for the elimination of billboard signs after a reasonable amorti2'..ation period recognizing that billboards affect the aesthetic value of the community thereby reducing property values and impacting traffic safety because of the distraction that is created by large signage along public rights- of-way. (Ord. No. 95-235,94,6-6-95; Ord. No. 99-348, S 5,9-7-99; Ord. No. 99-357, ~ 5, 12-7-99; Ord. No. 05- 48693,4-19-05) 22-1597 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicatcs a diffcrent meaning: Page I of 23 EXHIBIT ---'--.!f .& PAGE a OF~ (I) Abandoned sign means any sign remaining in place after a sign has not been maintained tor a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Administrator means the director of community development or his/her, designated representative. (3) Advertised activity for Freeway Profile Signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity, and for a center identification sign, which identifies businesses within a multi~tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (4) Animated or moving sign means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of light,>, changes in color or light intensity, computerized special effects, video display, or through any other method chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (5) Architectural embellishments-- Signs means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or othcr elements of the sign face or sign base, but are solely intended to enhancc the aesthetics of the structural clements surrounding or supporting thc sign. (6) Awning means a shelter projecting from and supported by the exterior wall of the building and, which is, constructed of a noncombustible framework and covered by a flexible or nonrigid fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent parapet or roof of a supporting building is not included within the definition of awning. (7) Awning or canopy sign means a non-electric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also "Marquee sign.") , EIo.-......_ -- Figure 1- Awning or Canup}' Sign (8) Bal/oon means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "Inflatable advertising device.") (9) Banner means a sign made of fabric or any nonrigid material with no enclosing framework. (10) Billboard means permanent outdoor advertising off-site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. ( II) Building-mounted signs means any sign auached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under canopy signs and projecting SIgnS. Page 2 of 23 EXHIBIT -' J Z. PAGE-1-0F -lJ- (12) Cabinet sign means a sign consbucted of a box, rigid material, or framework over or within which is secured the sign copy, text graphics., or other sign elements. Cabinet signs may have either interior or exterior illumination. I' .... .'./ .h'i!,'~!~!"~{!,l'ljI~'lil~I"ij~m~'~ ';:~';!>C;~,:::~t:'~~fl" '::Y" -r':i:'" :~p>':J' ',,''&;. "~b ',; .".,',}''; "!14'. y';)' . ~~~\:i~)~0\ I~~E -- Figure 2 - Cabinet Sign (13) Canopy - Building means a rigid, multi-sided sbucture covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent parapet or roof of the supporting building is not included within the definition of a building canopy. (14) Canopy -. Freestanding means a rigid, multi-sided structure covered with fabric, metal, or other material and supported by one or more posts embedded in the ground. (I 5) Canopy sign_ See "Awning or canopy sign." (I6) Center identification sign means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (17) Changeable copy sign means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature'; sign and not a changeable copy sign. (I8) City means the city of Federal Way, a Washington municipal corporation, unless the context clearly indicates otherwise. (19) Clearview zone means the definition set forth in FWCC 22-115 I et seq. of this Code for intersection sight distance requirements. (20) Community service event or civic event means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. (21) Construction sign means a temporary sign identifYing an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming soon" and "Open During Consbuction" signs. (22) Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. (23) Directional sign. on-site means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (24) Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (25) Electronic changeable message sign means an electronically activated sign whose message content, cithcr whole or in part, may be changed by means of electronic programming. Page 3 of23 EXHIBIT-'A 2- PAGE-3I-OF ~ (26) Exposed building face means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant's leased spacc in a multi~tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building~mounted signs. (27) Facade means the entire building front including the parapet. (28) Festoons means a string of ribbons, tinsel, small flags, or pinwheels. (29) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (30) Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (31) Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attachcd to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." I 691 twstt Sign HIIIgtA Figure 3 - Frm!taoo.ng SigQ (32) Frontage means the length of the property line along any public right-of-way on which it borders. (33) Frontage, building means the length of an outside building wall on a public right-of-way. (34) Fuel price sign means a sign displaying the price of fuel for motorized vehicles. (35) Graffiti means the inscription of symbols, words, or pictures by painting, spray painting or other means of defacing public or private property. (36) Grand opening means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A grand opening does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodcling, or other change incidental to the initial establishment of the business. (37) Ground-mounted sign means a pedestal sign, pole, pylon, monument sib'll, or any sign permanently affixed to the ground. Page 4 of 23 EXHIBIT ~. 2 PAGE-LOF ~ (38) Government sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (39) Height (of a sign) means the vertical distance measured from the highest point of thc sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (40) Identification sign means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (41) Identification sign (subdivision) means freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (42) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (43) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (44) Inflatable advertising device means an advertising dcvice that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. (45) Instructional sign means a sign, which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (46) Integral sign means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (47) Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (48) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. (49) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (50) Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive-through restaurant. (51) Monument sign means a freestanding sign supported permanently upon the ground by a solid base of landscape construction matcrials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWCC 22-1602(c)(2), Figure 8.) (52) Multi-tenant complex means a complex containing two or more uses or businesses. (53) Multiuse complex means the definition of "muItiuse complex" set forth in FWCC 22-1. (54) Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. (55) Nameplate means a non~elcctric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (56) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (57) Nonconforming sign means any sign, which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this article or any other sections of this Code. (58) Notice of determination means the determination that thc city issues as to whether a sign conforms to this article and other sections of this Code. (59) Obsolete sign means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has alrcady occurred, except for historical signs. Page 5 of 23 EXHIBIT~ ,.- PAGE~OF 2.__ -. (60) Off-site sign means a sign relating, through its mcssage and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (61) On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the busincss transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (62) Person means any individual, corporation, association, firm, partnership, or other legal entity. (63) Pedestal means freestanding signs supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete matcrials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-1602(c)(l), Figure 6.) (64) Point of purchase display or sign means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (65) Pole or pylon signs means frcestanding signs supportcd permanently upon the ground by polcs or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete matcrials harmonious with the materials of the primary structurc on the subject property and not attached to any building. (Sec drawing set forth in FWCC 22-1602(c)(I), Figure 7.) (66) Political signs means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, Or national election or referendum. (67) Portable sign means any sign designed to be moved easily and not permanently affixed to thc ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (68) Pre-opening sign means a temporary sign, which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...", etc.). (69) Private advertising sign means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (70) Private notice sign means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or "beware of dog." (71) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Page 6 of23 EXHIBIT , ~ & PAGE-.LOF 2 I DO DO o 0 II Figure 4 - Projecting Sign (72) Public right-of-way means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. (73) Real estate, off-site sign means a portable or temporary sign announcing the proposed sale of property other than the property upon which the sign is located and providing directions to the subject property. (74) Real estate, on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. (75) Registration sticker means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this article and other sections ofthis Code. (76) Roof sign means any sign erected, constructed, or placed upon, over, or extends above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof. in which case a roof sign is any sign erected, constructed, or placed upon, over, or extends above the lowest vertical section of a mansard or gambrel roof. (77) Sign means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (a) Providing information or directions; or Page 7 of 23 EXHIBIT ~ j.' PAGE----I--OF ~ (b) Promoting, identifying, or advertising any place, building, use, business, event, establishment; product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns, which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. (78) Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters. Grocery lal"al~I.lrty..stn""- I Olf' "t!' Off' -.. I_ x ( Ittct-cHe) ::I SIgn MIll I Figure 5 - Cal(:ulating Sign Area (79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. Page 8 of 23 EXHIBIT 8 .t ,.- PAGE~OF -.&L (80) Sign inventory sticker means the sticker that is assigned to any sign after. it has been inventoried and determined to be a legal nonconforming sign. (81) Sign inventory sticker number means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. (82) Sign registration means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with the Code aftcr an analysis conducted as part of a sign inventory. (83) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (84) Temporary sign means a sign not constructed or intended for long-term use. (85) Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. (86) Time and temperature sign means any sign that displays the current time and temperature, without any commcrcial message. (87) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-<legree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (88) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle tor thc purpose of advertising a product or service, or providing directions to such products or services. (89) Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. (90) Warning sign means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (91) Window sign 'means all signs affixed to a window and intended to be viewed from the exterior of the structure. (Ord No. 95-235,94,6-6-95; Ord. No. 99-348,95,9-7-99; Ord. No. 99-357, 9 5, 12-7- 99; Ord. No. 05-486, 9 3,4-19-05; Ord. No. 05-487, 9 3,4-19-05; Ord. No. 05-504,93, 10-4-05) 22-t598 Scope. This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally changed, painted, or altered after February 28, 1990, the date of incorporation, or after the effective date of annexation if located in areas annexed to the city thereafter. Any nonconforming sign shall be regulated pursuant to FWCC 22-335. (Ord. No. 95-235, 9 4, 6-6-95; Ord. No. 99-348, 95,9-7-99; Ord. No. 99- 357,95, 12-7-99; Ord. No. 05-486, 9 3,4-19-05) 22-t599 Permits. (a) Permit requirement... No sign governed by the provisions of this Code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to subsection (d) of this section. An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this Code, or date of annexation if located in areas annexed to the city thereafter, do not conform with this Code's requirements may be eligible for characterization as legal nonconforming signs under FWCC 22- 335. (b) Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to insure compliance with this Code. Page 9 of 23 EXHIBIT ~ & PAGE--1/LOF-U- (c) Permit expiratioll and inspeclioll_ All sign permits expire one year from the date of issuance. Ifno work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance. All signs for which a pennit was issued must receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. (d) Permit exceptions. (1) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (2) Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements: a. Address identification with numbers and letters not more than 10 inches in height. b. Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. c. Barber poles. d. Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shalJ be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also permitted. e. Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are pennittcd for multi-tenant complexes. Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. f. Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size but not larger than 40 square feet in sIze. g. Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. h. Gravestones or other memorial displays associated with cemeteries or mausoleums. i. Historical site plaques and signs integral to an historic building or site. j. Holiday decorations displayed in conjunction with rccoh'l1ized holidays. k. Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. I. Instructional signs that do not exceed six square feet in area per sign face. m. Integral design features when such features are an essential part of the architecture of a building (including religious symbols) and when such features do not represent a product service, or registered trademark. n. Integral signs when no more than one per building. o. Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. p. Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two pennittcd per site). q. Nameplates not to exceed two square feet per sign face. r. Nonblinking small string lights, which are part of decoration to be used in association with landscaped arcas and trees. ~)age 10 of 23 EXHIBIT~ & PAGE--1LOF ..L!- s. Point of purchase displays. Point of purchase signs arc limitcd to two squarc feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article n KiH, Division 8 of this chapter. 1. Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. u. Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immedjately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. v. Private notice signs. w. Real estate signs. I. Off-site. The number of off-site real estate signs shall be limited to si\: tt;1l per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs. q!;~pt that siUIlsl11av be ~)l_~gt;_d less thanl00 lineal ft;et aDart.J\!h~!! neces~,!!y to inQ!cate a turn Or change in~irection of traveL The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are pennitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. 2. On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. x. Temporary business signs for temporary business defined by FWCC -9-J.86 Cha.v.ter 9. ,A.rticle VH...Pivision I; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. y. Under canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or more. z. Warning signs. aa. Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. bb. Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior ofthe field. (e) Temporary and special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be used unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table I, "Allowances for Temporary and Special Signs -. Permit Required." (f) Government signs. The allowable type, number, sign area, height, location, and content of signs used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances for Residential Zones -- Permit Required." Signs for government facilities in non-residential zones must comply with the requirements of FWCC 22-1601. All signs must be approved by the city. Street and traffic signs are excluded from these requirements. (g) Residential zone signs. No permit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, Page It of23 EXHIBIT~ ". I- PAGE , a OF -2..l- '. duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones - Pennit Required." (h) Sign registration. No person shall maintain a sign in the eity without first having been issued a proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from pennit requirements. All signs exempt from the permitting requirements set forth in this section shall be exempt from the registration requirements, or rromhaving to obtain a sign inventory sticker, However, exempt signs must still be reviewed to ensure conformance with this article. A sign registration shall be valid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit The city shall affix the registration sticker containing the registration number to the permitted sign. For signs located in areas annexed to the city, the city will issue a Notice of Determination as to whether the sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this Code. (i) Bond. The city may require a bond under FWCC 22-146 et seq_ to ensure compliance with any aspect of this article. Table I Allowances for Temporary and Special Signs -J)ermit Required ---. Remarks Sign Purpose! Applicable Sign Type Mtu:imum Maximum Sign Area Mtu:imum Height Location I-pescriptian Zones Allowed Number Civic event or All Wall-mounted Handled on a Off-site signs, excluding Five feet except On site and 30 days prior to the community banners, case-by-case wall-mounted bannen;, wan-mounted off site evenL Remove within service event temporal}' basis maybe no larger than si x signs five days of the close (temporary-) portable signs, square feel per face_ On of the event inflatable site signs and wall- advertising mounted bannen; may be devices, search no largtt than 32 square lights and feet per face beacons Civic event or All Freestanding One per site The total sign area of Monument signs: Non- Elecuonic ehangeable conununity monument Of freestanding monument six feet. residential message SignS service event wall sign signs shall not cxceed 64 Freestanding wnes: on/ofT allowed_ Signs cannot (permanent) square feet for the total of signs: 12 feet. sitc_ contain commercial all faces and no one face Wall signs shall Residential messages shall exceed 32 square not project above zones; on site fcet. Wall signs shall not the rooflinc only exceed seven percent of the exposed building face to which it is attaehed Special salel Non-residential Banners ooly Handled on a Handled on a ease-by- Handled on a On site, Special promotions: promotional zoning districl~ case--by-case ca.'" basis case-by-case basis Bannen; must 90 days total per event (C-lh basis be attached to calendar year. No anniversary an exposed more than four events sale, etc.) building face per year. Does not include window sil!lls Grandopenings Non-residential Banners, Handled on a Handled on a ease-by- Handled on a On site. Grand openings: 30 zoning districts temporal}' casc-hy-case case basis case-by-case basis Bannt:rs must days Event must ponable signs, basis be attac hed to occur within 60 days inllatable an exposed of occupancy advertising building face devices. search lights and beacons --- -- Mural display Non-residelllial Painted mural Handled on a Handled on a case-by- Handled on a Handled On a zoning districts case-by-case case basis case-by--ca.~e basis case-by-case basis basis .- - Scoreboards( at All Electronic Handled on a Itandled On a casc-by- Handled on a Handled on a hletic fields) changeable case-by--ca5e case basis case-by-case basis casc-by-casc message sign basis basis -".,-~-- -~,~ -.. .~" Page 12 of23 EXHIBIT ~ .1 a.' PAGE .,t OF -U- Table 2 Sign Allowances for Residential Zones - Permit Required Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM) Lilnd Use AppliadJle Sign Type MlIXimum M4Xi1r<um Sign Aua M lIXimlUlf Location Remarks Ztlnt! Allowed Number Height - Institutional Sf, RS, RM Canopy sign One sign for The total sign area of Wall and Subj.x'l Intemally illuminated . Govt. facility Monument sign each public mOnument signs shall canopy signs: prope.-ty; signs are not allowed; . Public park Pedestal sign enlr.lnce not exceed 64 square cannOI setback five- provided. however, that . Public utility Wall sign providing feet for the total of all project above foot minimum electronic changeable . School direct vehicle faces and no one face the rooDine. message signs and access shall exceed) 2 square Monument changeable copy signs feet_ Wall signs and signs: six are allowed, City may canopy signs shall not feet. Pedestal impose additional exceed seven percent sign: 12 feet limitations on signs to be of Ihe exposed compatible with nearby building face to which residential areas it is attached "'-~- --~-~ Recreation SE,RS.RM Canopy sign One sign for The lotal sign area of Wall and Subject Internally illuminated . Golf course Monument sign each street monument signs shall canopy signs: property: signs are not allowed; . Recreation Pedestal sign frontage not exceed 64 square cannol setback five- provided, however, that area or Wall sign providing fed for the total of all project above foot minimum Ihe electronic clubhouse direct vehicle faces and no one face the rooDi ne_ changeable message . Sports field - access shall exceed J2 square Monument signs and changeable Private, non- feet. Wall signs and signs: SIX copy signs arc allowed. commercial canopy signs shall not feet_ Pedestal City may impose exceed seven percent sign: 12 feet additionallimitalions on of the ellposed signs to be compatible building face to which with ncathy residential it is attached areas --'. -- Residential SE, RS, RM Monument sign Onepe.- Two square feet Wall and Subject Commercial messages dwelling units Wall sign dwelling unit canopy signs: property; not allowed, Internally cannot setback five- illuminated or electrical project above foot minimum signs not allowed the root1ine. Monument signs: five feel Subdivision SE, RS, RM Monument sign Two per Two signs PL" Wall and Subjecl Commercial messages ideotificalion Pedestal sign major entrance totaling no canopy signs: prop<.'T1y nOI allowed. Internally Pole sign entrance more than 50 square cannol illuminated or electrical Pylon sign fed. No one sign may project above signs not allowed. Signs Walt sign be more than )2 the rootline. may be inc/uded as part squaTe feet Monument, of a fence or olher pedestal, pole architectural feature or pylon signs: five feet Manufactured RS,RM Monumenl sign Two per 32 square feel per Wall and Subject Commercial messages home park Wall sign major entrance_ Wall signs canopy SignS; property: not allowed_ Inlernally identification entrance and canopy signs cannot setback five. illuminated or electrical shall not exceed seven projecl above foot minimum signs not allowed percenl of Ihe exposed Ihe rootline. building face to a Monument maximum of 100 signs: five square feel feci -".. ._._,~~"~ -"'~~ ....--...--- ~~~~--~ Multifamily RM,RS Monument sign Two per 32 square feet per Walt and Subject Commercial m..'ssages complell Wall sii,'ll major entrance_ Wall signs canopy signs: property: nol allowed_ Phone identification entiance and canopy signs cannot setback five- numbcrs are pennitled shall nOI exceed seven projeel above fOOl minimum on wall.mounted signs percenl of Ihc exposed the ronfiine. when not facing another building face 10 a Monumenl residential use_ Inlernally mallirnum of 100 signs: five illuminaled or electrical square feet feel signs not allowed - ~~ ~~.-.'- .._~~ .'--~'~_..",. Page 13 of23 ~,~~.., -.,,- -~~-~- lAnd Use AppliadJle Sign Type MtlXimum MlUimum Sign Area MtJrimum Locotion Remarks Zone Allowed Number Height -, - -~ -- '-.~-...._.- Unique SE,RS Handled on a Handled on a Handled on a case-by- Handled On a Handled On a Handled on a case-by. · Cemetery case.by-case case-by-case case basis case-by-case ca.se-by-case case basis basis basis basis basis .- ..- ,.-- Day care or SE. RS,RM Canopy sign Ooe Wall or canopy signs Five feet Subj.:ct Electronic changeable pre-school, Monument sign freestanding may not exceed seven propeny' message signs and excluding Wall sign sign per street percent of the exposed setback tive- changeable copy signs Gass " home frontage building face to which foot minimum, are allowed_ City may occupations the sign is attached to impose additional a maximum of 50 limitations on signs to be square feet. The total compatible with nearby sign area fOl" residential area~ monument signs may not exceed 20 square feet per sign face, A day care or pre-school that is part of a church or synagogue may add 20 square feet per face to an existing monument sign associated with the church or synagogue --.- Church, SE, RS, RM Canopy sign One sign for Hie total sign area of Wall and Subject Electronic changeable synagogue,or Monunx,nt sign eac h street monument signs shall canopy SIgnS: property: message signs and other place of Wall sign fmntage not exceed 64 square cannot setback five- changeable copy signs worship providing feet forthe total of all project above foot minimum are allowed. City may direct vehicle faces and no one face the roolline. impose additional access shall exceed 32 square Monument limitations on signs to be feel. Wall signs and signs: five compatible with nearby canopy signs shall not feet residential areas exceed seven percent of the exposed building face to which it is attached EXHIBIT~a PAGE .'~ OF--Z..I- (Ord. No. 99~348, ~ 5,9-7-99; Ord. No_ 99-357, ~ 5, 12-7-99; Ord. No. 05-486, ~ 3, 4-19-05; Ord. No. 05-487, ~ 3, 4-19~05) 22-1600 Probibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604: (I) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to Table I and FWCC 22~1599(d)(2)(f). (4) Billboards. (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeable message signs or changeable copy signs. (7) Graffiti. (8) Inflatable advertising devices, except as expressly allowed in FWCC 22-1 599( e). (9) Mylar balloons. (10) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. ( II) Off~site signs except those expressly allowed in this chapter. (12) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or iJIumination unless expressly allowed pursuant to Table 1 of this article. (13) Portable signs except as expressly allowed in FWCC 22-1 599(d)(2). Page 14 oflJ EXHIBIT B., & PAGEiS-OF -.lI- . (14) Real estate signs providing information other than the name of the development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject property (i.e., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free cable, laundromat serviccs, community centers, etc.). (I5) Right-orway signs including any sign in a public right-of-way except governmental signs- (16) Roof signs. (17) Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. (18) Snipe signs. (19) Vehiclc signs including any sign attached to, or placed on, a parked vehicle or trailcr used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of thc vehicle or trailer and excluding signs which identity a firm or its principal product on a vehicle opcrated during the normal course ofbusincss. (Ord. No_ 95-235, S 4, 6-6-95; Ord. No. 99-348, S 5,9-7-99; Ord. No. 99-357, S 5, 12-7-99; Ord. No_ 05-486, S 3,4-19-05) 22-1601 Signs in nonresidential zoning districts. (a) Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning designation of the development. The sign profile designation shall control the sign types, sign height, sign area and number of signs allowed. In addition to the categories available in FWCC 22-1601(a)(1) and (2), a subject property may be permitted an additional freestanding sign if it meets the criteria contained in FWCC 22-1 60 I (a)(4). Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by virtue of architectural style or theme, are permitted one freestanding monument or pedestal sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profile sign. a. Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: 1. A minimum of 250 feet of frontage on one public right-of-way; 2. A zoning designation of city center core (CC-C) or city ccnter frame (CC-F), or community business (Be); 3. A multiuse complex; and 4. A minimum site of 15 acres in size. b. Sign types. The following sign types are allowed for a high profile sign: I. Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; 2. Pedestal signs; 3. Monument signs; 4. Tenant directory signs; and 5. Kiosks. Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon or pole sign, may include electronic changeable messages, center identification signs and/or changeable copy signs. Any high profile sign may be an elecbical sign, an illuminated sign, and/or a neon sign. c. Sign height. A high profile sign shall not excecd the following maximum heights: I. Pylon or pole sign: Twenty-five feet; 2. Pedestal or monument signs: Twelve fcet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet; Page 15 of 23 EXHIBIT~ I....' PAGE ---.lJLOF---.Jj .. 3. Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be 10 feet. d. Sign area. A high profile sign shall not exceed the following maximum sign areas: I. Pylon or pole sign: 400 square feet for the total of sign faces with no one sign face exceeding 200 square feet; 2. Pedestal or monument signs: 128 square feet for the total of all sign faces with no onc face exceeding 64 square fcet; 3. Tenant directory or kiosk signs: 15 square feet per sign face. e. Number of signs. A subject property qualifYing for a high profile sign may have the following maximum number of signs: I. Pylon or pole sign: One sign unless the subject property has an additional 500 feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of-way, in which case the subject property will be allowed one additional high profile sign, not to exceed a maximum of two such signs per subject property; 2. Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(l) of this section. In addition, two monument signs which identify the name of any multiuse complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and 3. Tenant directory or kiosk signs: One sign per frontage on a public right-of-way. (2) Medium profile sign. a. Criteria_ A subject property that does not qualify for a high profile sign pursuant to subsection (a)(1) of this section and is not a low profile sign by being zoned office park (OP) or professional office (PO) pursuant to subsection (a)(3) of this section is permitted a medium profile freestanding sign. b. Sign types. The following sign types are allowed for a medium profile sign: I. Pedestal signs; and 2. Monument signs. Sign content for any medium profile sign may include electronic changeable messages, center identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an illuminated sign, and/or a neon sign. c. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in the sign height for every 10 lineal feet of frontage on a public right-of-way; provided, however, that sign height shall be calculated at the rate of one and one-half feet in sign height for every IO lineal feet of frontage on a public right-of-way for any multi-tenant complex; and provided further, that such sign shall not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet d. Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs shall be calculated at the rate oftwo square feetper lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 64 square feet For other uses, sign area allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet Notwithstanding the foregoing sign area calculations, every applicant is cntitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet. e. Number of sign'). A subject property qualifYing for a medium profile sign may have one pedestal or monument sign for each street frontage. Each street frontage exceeding 300 linear feet and containing more than one vehicular access is permitted one additional freestanding sign. No subject property may contain more than three freestanding signs regardless of total linear street frontage and no one streel frontage may have more than two freestanding signs. Freestanding signs shall be located a minimum distance of 200 feet fTOm other freestanding signs on the same subject property. Page 16 of 23 (3) Low profile sign. a. Criteria. A subject property located in the office park (OP) or professional office (PO) zone is permitted a low profile freestanding sign. b. Sign types. The following sign types are allowed for a low profile sign: I. Pedestal signs; 2. Monument signs; and 3. Tenant directory signs. Sign content for any pedestal or monument sign may include center identification signs and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon Sign. c. Sign height. A low profile sign shall not exceed the following maximum heights: 1. Pedestal or monument signs: Five feet. 2. Tenant directory signs: Six feet unless the sign is set back a minimum of 50 feet from any public right-of-way, in which case it may be to feet. d. Sign area. I. Pedestal or monument signs: Sign area allowed for a low profile sign shall be calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way; provided, however, that a low profile sign shall not exceed a maximum sign area of 80 square fect for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet, and every applicant is entitled to a minimum sign arca of 50 square feet for the total of all sign faces with no one sign face exceeding 25 square feet; 2. Tenant directory signs: 15 square feet per sign face. e. Number of signs. A subject property qualifYing for a low profile sign may have the following maximum number of signs: I. Pedestal or monument signs: One sign per frontage on a public right~of-way; and 2. Tenant directory signs: One sign per frontage on a public right-of-way. (4) Freeway profile signs. In addition to the categories available in FWCC 22-1601(a)(I) and (2), a subject property may be permitted an additional freestanding sign if it meets the following: a. Criteria. I. Abuts the right-of~way of Interstate 5; 2. Is located in zoning designation of City Center Core (CC-C), or Conununity Business (BC). b. Sign type. A pylon or pole sign is allowed provided, that any pylon or pole sign must have more than one pole or structural support; and its design must be compatable to the architecture of the primary structure on site or to the primary sign(s) already permitted on the subject property. Alternatively, a pylon or pole sign may have one pole or structural support if it results in superior design, which shall be subject to the director's approval. Sign content for any pylon or pole sign, may include center identification signs provided, however, that all font sizes used are a minumum two (2) feet talL Any freestanding freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message signs shall not be permitted. c. Sign orientation. The sign must be oriented toward 1-5, be visible from 1-5 (not the off-ramps), and be located near the property line closest to 1-5.. d. Sign height. If the subject property has an elevation lower than the freeway, a freeway profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point nearest to the proposed location of the sign. If the subject property has an elevation that is higher than the nearest driving lane of the freeway, then the sign shall be no taller than 20 teet above the average finshed ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average finshed ground elevation measured at the midpoint of the EXHIBIT --'A :& PAGE~OF --lL Page 17 of 23 EXHIBIT ~ a. PAGE , LOF ~ ." sign base in order to be visible above trees or other obstructions, subject to the director's approval. The sign height shall be measured by a licensed surveyor and the applicant shall be responsible for providing the surveyor- e. Sign area. I. For a subject property with a multi-tenant complex, a center identification sign identifying only the name of the center shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feel. 2. For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex, and which is located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 3. For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-tenant complex, and which is located morc than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feel. No one dimension of the sign face may exceed 20 feet. 4. For a subject property with a multi-tenant complex, a sign advertising just one business shall be located 50 feet or less from the advertised activity with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. 5. For a subject property with a single-tenant building, a sign located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 6. For a subject property with a single-tenant building, a sign located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. f. Number of signs. A subject property qualifying for a frecway profile sign may have only one freeway profile sign per subject property. lbe applicant shall be responsible for compliance with applicable federal, state and local laws including the Revised Code of Washington (RCW) 47.42 and the Washington Administrative Code (W AC) 468-66. (5) Combine(J sign package for adjacent property owners. The owners of two or more properties that abut or arc separated only by a vehicular access casement or tract may propose a combined sign package to the city. The city will review and decide upon the proposal using process III. The city may approve the combined sign package if it will provide more coordinated, effective and efficient signs. The allowable sign area, sign type, sign height and number of signs will be determined as if the appllcants were one multi-tenant complex. (b) Building-mounted signs. (I) Sign types. The following sign types may be building-mounted sIgns and are allowed in all nonresidential zoning districts: a. Awning or canopy signs; b. Center identification signs; c. Changeable copy signs; d. Civic event signs; e. Directional signs, on-site; f. Electronic changeable message signs; g. Instructional signs; h. Marquee signs; 1. Projecting signs; j. Tenant directory signs; k. Time and temperature signs; I. Under canopy signs; and Page I 8 of 23 EXHIBIT S. *,' t PAGE '~OF~ m. Wall-mounted signs. Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign. (2) Sign height. No sign shall project above the rootline of the exposed building face to which it is attached. (3) Sign area. The total sign area of building-mounted signs for each business or tenant, excluding under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant is entitled to a minimum sign aTea of 30 square feet. A multi-tenant complex which does not use a freestanding sign may have two additional wall~mounted signs. No one sign may exceed seven percent of the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on that building face. (4) Number of signs_ The number of building-mounted signs permitted each user is dependent upon the surface area of the largest single exposed building face of his or heT building as follows, excluding wall-mounted center identification signs: Largest Exposed Building Face lMaximum Number of Signs Less than 999 sq. ft. 2 1,000 - 2,999 sq. ft. 3 3,000 -~ 3,999 sq. ft. 4 4,000 and over sq. ft. 5 Buildings with more than 4,000 square feet on any exposed building face, with several clearly differentiated departments, each with separate exterior entrances, are permitted one sign for each different department with a separate exterior entrance, in addition to the five permitted. No sign or signs may exceed the maximum area permitted for that building face except as may be specifically permitted by this code. However, an applicant is allowed to move allotted signs, as calculated in subsection (b)(4) from one building face to another. Each business or use shall be permitted under canopy signs in addition to the other permitted building-mounted signs subject to the size and separation requirements set forth in FWCC 22- I 599(d)(2)(w). (c) Sign area multipliers_ The sign area and sign number allowed, as set forth in subsection (a)(I)(d) and (a)(I )(e) of this section for high profile signs, (a)(2)(d) and (a)(2)(e)ofthis section for medium profile signs, and (a)(3)(d) and (a)(3)(e) of this section for low profile signs and subsection (bX3) of this section for building~mounted signs may be increased in the following instances; provided, however, that in no event shall the sign exceed the maximum sign area allowed: (I) If no signs on the subject property have internally lighted sign faces, then the total sign area allowed may be increased by 25 percent. (2) If all signs, other than center identification signs, are building-mounted signs, the total sign area allowed may be increased by 25 percent. (3) A time and temperature sign may be included with any sign and such time and temperature signs shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 96~270, ~ 3(F), 7~2~96; Ord_ No. 99~348, ~ 5,9-7-99; Ord. No. 99-357, ~ 6, 12-7- 99; Ord. No. 05-486, ~ 3, 4~19~05; Ord. No. 05~504, ~ 3, 10-4-05) 22-1602 Construction standards. (a) Structural components. To the maximum extent possible, signs should be constructed and installed so that angle irons, guy wires, braces and other structural elements are not visible. This limitation does not apply to structural elements that are an integral part of the overalJ design such as decorative metal or wood. Page 19 of23 EXHIBIT~a PAGE~OF -U.; (b) Sign setback requirements. The required setback from the property lines for all signs shall be not less than five feet from the subject property line in residential zones and not less than threc fcet from the subject property line in all other zones. (c) Dimensional and design standardv. ( I) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for pcdestal, pole or pylon signs: :z.':""'" .- -- Figure 6 - T)'pe A PeddlaJ A;::.. 50% ofB A ;::.. 50% ofD B = Height of sign (maximum height - FWCC 22-1601) C 2:: 20% orB ~r =:z.~ "'. S -- L-...It r..-,d,.-&i_ Figure 7 - Type B ..o(~ or Pylon Sign B= Height of sign (maximum height - FWCC 22-1601) C 2:: 20% of B E 2:: 4 inches (2) Monument signs. The following figures illustrate the dimensional standards for monument Signs: Page 20 of 23 EXH!BIT ~ 2. PAGE a, OF -U- 8 SIGN fWE 1 Figure 8 - MOo..mmt Sign A: Maximum height of sign per FWCC 22-1601 B: Maximum ~ 200010 of A C: Minimum = 20% of A J); Equal to 100% of B (3) Design criteria. a. Sign base. The base of the sign must be done in landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the character of the primary structures on the subject property and subject to the administrator's approval. No visible gap shall be allowed between the sign base and the finished grade or between the sign face or cabinet and the sign base. b. Sign face. The color, shape, material, lettering and other architectural details of the sign face must be harmonious with the character of the primary structure. (4) Minor deviations. Minor deviations from the dimensional standards for signs, except for maximum sign height, may be approved by the administrator if he or she concludes that the resulting sign does not significantly change the relative proportion of the sign base to the sign face. (d) Location. No sign shall be so located so as to physically obstruct any door or exit from a building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from buildings or parking areas. No sign shall be located within the c1earview zone. (e) Landscaping aroundfreestanding signs. To improve overall appearance of the sign and to reduce the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not require more than 200 square feet of landscaped area. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases as evidenced in plazas, patios and other pedestrian areas, planter boxes, pole covers or decorative framing. Landscaping can include evergreen shrubs, deciduous shrubs, vines, and groundcover or grasses. If low shrubs and groundcover are to be used, at the time of planting, a minimum of 50 percent of the required landscaped area should be planted ~ith low shrubs and groundcover such that within two years, 90 percent of the landscaped area is covered. If all grasses are to be used, the landscaped area must be covered 100 percent at time of planting. Low maintenance plantings are recommended. Alternative landscape plans may be submitted in writing and will be reviewed on a case-by-case basis. These may include, but are not limited to, existing plantings in the area of the sign or landscaping required to be provided under Article XVII, Landscaping, ofthis chapter. (I) Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain or utilize any of the following: Page 21 of2J EXHIBIT~& PAGE 2 ~OF -LI- (1) Any exposed incandescent lamp with a wattage in excess of25 watts. (2) Any exposed incandescent lamp with an internal or external reflector. (3) Any continuous or sequential flashing device or operation. (4) Except for electronic changeable message signs, any incandcscent lamp inside an internally lightcd sign. (5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street. (6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced c10scr than 12 inches on center. (7) Intcrnally lightcd signs using 425-milliamp or larger ballasts if the lamps are spaced closcr than six inches on center. (8) All illumination for externally illuminated signs must be aimed away from nearby residcntial uses and on-coming traffic. (g) Setback and distance measurements. The following guidclines shall be used to determinc compliance with setback and distance measurements: ( I) The distance between two signs shall be measured along a straight horizontal line that represents thc shortest distance between the two signs. (2) The distance between a sign and a property line shall be measured along a straight line representing the shortest distance between the si!,'l1 and the property line. (Ord. No. 95-235, S 4, 6-6-95; Ord. No. 99-348, S 5,9-7-99; Ord. No. 99-357, S 5, 12-7-99; Ord. No. 05-486, S 3,4-19-05) 22-1603 Variance frOID sign code. (a) Scope. This section establishes the procedure and criteria the city will use in making a decision upon an application for a variance from the provisions of this sign code. (b) Required review process. The city will review and decide upon applications for a variance to any of the provisions of this article using process IV, Article VII of this Code. (c) Criteria. The city may grant the variance only if it finds all ofthe following: (I) The literal interpretation and stricr application of the provisions and requirements of the sign regulations would cause U11due and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or subject property; (2) A sign package consistent with the provisions of this article would not provide the use or the business with effective signs; (3) The variance is necessary because of special circumstances relating to the si7.e, 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 zone in which the subject property is located; (4) The variance is not granted for the convenience of the applicant or for the convenience of regional or national businesses" which wish to use a standard sign; (5) The special circumstances of the subject property are not the result of the actions of the applicant, the owner of the property or a self-induced hardship; and (6) The 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. (d) Conditions and restrictions. As part of any variance approval of a request under this section, the city may impose any conditions, limitations or restrictions it considers appropriate under the circumstances. This may include, but is not limited to, requiring that the owner of the subject property sign a covenant or other written document to be filed with the county to run with the property by which, at a time certain or upon specific events, the signs on the subject property would be brought into compliance with all applicable city regulations then in effect. The city may also require a perfonnance bond under FWCC 22-1599(i) to insure compliance with any such condition or restriction. (Ord. No. 95- 235, S 4, 6-6-95; Ord. No_ 97-291, ~ 3, 4-1-97; Ord. No. 99-348, S 5, 9-7-99; Ord_ No_ 99-357, S 5, 12-7-99; Ord. No. 05-486, S 3,4-19-05) Page 22 of23 EXHIBIT J 01 'l. PAGE----Z.l.OF ~ 22-1604 Compliance and enforcement. (a) Compliance with other applicable codes. All signs erected or altered under this article must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the International Building Code and the National Electric Code as adopted in FWCC 5-66 by the city. If any provision of this Code is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail. (b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The area surrounding freestanding signs must be kept free of litter and debris at all times. (c) Administrativefee. All signs removed by the city shall be available for recovery by the owner of such sign for a period of two weeks, after which they will be destroyed. Recovery of any sign removed by the city shall be subject to payment of an administrative fee to partially cover the city's cost in removing and storing the sign as follows: (1) First violation fee: $5.00 per sign. (2) Subsequent violations fee: $7.00 per sign. The city shall not be responsible for damages or loss during removal or storage of any signs. This administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter. (d) Civil enforcement. Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed as set forth below, and by Chapter I FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or Chapter I FWCC, Articles II and III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (e) Reserved. (f) Inspection. loe administrator is empowered to enter or inspect any building, structure or premises in the city, upon which, or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. (g) Abatement by the city. (1) Authority to remove sign. As part of any abatement action under Chapter I FWCC, Article III, the city or its agents may enter upon the subject property and cause any sign which violates the provisions of the sign code to be removed at the expense of the owner, tenant, lessee or occupant, either jointly or severally. In addition to the abatement authority provided by proceedings under Chapter I FWCC, Article III, the eity or its agents may summarily remove any sign placed on a right-of-way or public property in violation of the terms of this article. Recovery of costs for removal of any signs as provided herein shall be as provided in Chapter I FWCC, Article Ill. (Ord. No. 95-235, * 4, 6-6-95; Ord. No. 99-342, ~ 5, 5-4-99; Ord. No. 05-486, ~ 3,4-19-05) 22-1605 Reserved - Comprehensive design plan. (Ord. No. 95-235, ~ 4, 6-6-95) 22-1606 - 22-1629 Reserved. 1:\2006 Code Amendments\Real Estate Signs\Planning COnllnlssion\Codc Languagc_doc Page 23 of 23 CITY OF FEDERAL WAY PLANNING COMMISSION 3 ClF J. February 15, 2006 7:00 p.rn. City Hall Council Chambers MEETING MINUTES Commissioners prescnt: Hope Elder, Dave Osaki, Merle Pfeifer, Dini Duclos, Bill Drake, Lawson Bronson, and Pam Duncan-Pierce. Commissioners absent: none. Alternate Commissioners present: Richard Agnew. Alternate Commissioners absent: none. Staff present: Assistant City Attorney Amy Jo Pearsall, Senior Planner Margaret Clark, and Administrative Assistant E. Tina Piety. Vice-Chair Elder called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES Commissioner Duclos moved (and it was seconded) to adopt the December 7, 2005, and January 18, 2006, minutes with the correction to the January 18, 2006, deleting Commission Osaki from Commissioners present and adding him to Commissioners absent (excused). The motion carried (seven yes). AUDIENCE COMMENT None ADMINISTRATIVE REpORT Ms. Clark informed the Commission that the Planning Commission Work Program will go to the City Council on February 2 I, 2006. They added a sign code amendment for signs for special events. COMMISSION BUSINESS ELECTIONS Commissioner Pfeifer nominated Dini Duclos as Chair. Commissioner Drake nominated Hope Elder as Chair. There being no other nominations, the vote was held with three votes for Commissioner Duclos and three votes for Commissioner Elder, a tie. Commissioner Duclos withdrew, leaving only Commissioner Elder nominated, with no other nominations. The vote was held with six votes for Commissioner Elder. Commissioner Duclos was nominated Vice-Chair and with no other nominations, the vote was held with six votes for Commissioner Duclos. The votes were unanimous as Commissioner Duncan-Pierce arrived after the elections. PUBLIC HEARING - Off-Site Real Estate Signs Code Amendment Ms. Clark delivered the staff report. In addition to some housekeeping changes, the proposed amendments are a reduction in the 200 foot lineal separation requirement for off-site real estate directional signs when necessary to indicate a turn or change in direction of travel, and an increase from six to ten signs per property per agent. The public hearing was opened for public testimony. K.lPlanning Commission\2006lMeeting SU""""'Y 02-15-05.doc Planning Commission Minutes Page 2 -~"-EXHIBIT J February 15,2006 PAGE ~ OF -L- Marilyn Gates - She has been a real estate agent in Federal Way for 26 years. She had requested the City make the proposed amendments. She stated that increasing the number of signs to ten sounds like a lot, hut that many signs would only be used to bring people in from two major arterial streets. Not many agents are eager to put up ten signs. Sam Pace, Housing Specialist for Seattle-King County Association of Realtors - He gave the Commission two documents, one is an outline of his testimony and the other is a letter giving an analysis of municipal ability to maintain real estate specific sign regulation in light of Ballen v. Redmond. He supports the proposed code amendments. He stated that real estate signs are unique and placement is different for each sale. They have a beginning and ending date. Research shows that real estate signs are essential for prospective buyers to find houses. They are the third most common way of finding a listing agent. The Seattle-King County Association of Realtors has a self~po1icing program. lbey invite the City to take advantage of it. They would discipline brokers who do not follow the City's regulations. He stated that the analysis he handed out supports the proposed amendments. Commissioner Duclos informed the Commission that while she was campaigning last year she talked with Mr. Pace a number of times, but never about this particular issue. Commissioner Osaki informed the Commission that he has worked with Mr. Pace regarding signs for the City of Auburn, but they have never discussed any Federal Way issues. Mr. Pace commented that he has never spoken with any of the Commissioners or City Council Members on this issue. The Seattle-King County Association of Realtors is very careful to keep all their dealings open and above board. Commissioner Duclos moved (and it was seconded) to adopt the proposed code amendments as written by staff. The motion carried (seven yes). ADDITIONAL BUSINESS None AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 7:25 p.m. K:\Planning Commissionl2006IMceting Summary 02-15-05.doc EXHIBIT ~ PAGE " IOF ~ Michael Himes I'IfONE 206.359.8667 fAX 206.359.9667 EMAIL: mhimcs@pctkinscoie.com . VIA lJ.S. MAIL David Crowell, JD, Director Governmental & Public Affairs Seattle-King County Association of REAL TORS@ 12015 - 115th Ave NE #195 Kirkland, W A 98034 Bryan Wahl, Director Government Affairs Department Washington Association of REAL TORS@ P.O. Box 710 Olympia, WA 98507-0719 Re: Analysis of Municipal Ability to Maintain Real Estate-Specific Sign Regulations in Light of Bollen v. Redmond Dear Messrs. Crowell and Wahl: You have asked us to analyze whether, in light of the summary judgment order in Ballen v. Redmond, Washington municipalities may continue to treat real estate signs differently - generally, more permissively - than other commercial signs under their sign ordinances. We understand that a number of municipalities have been led to believe that the Ballen order (which is pending appeal) requires identical treatment of all commercial signs and, based on that belief, are contemplating amending their sign codes in order to subject real estate sign to the same restrictions imposed on other commercial signs. Indeed, Redmond itself recently enacted an cmergency ordinance imposing a blanket "one off-premises" restriction on all commercial signs -- including real estate signs. IISlOSI2S0.3 141 January 4, 2006 Page 2 EXHIBIT ~___ PAGE 2. ~ We appreciate your concern with this situation, and we agree with you that municipalities reacting in this fashion are proceeding on a fundamentally flawed understanding of the Ballen order. We read the court's order differently and submit that municipalities may, consistent with the Constitution and Ballen, continue to allow more real estate signage than other commercial signage. There are sound legal and policy reasons for doing so - justifications that, as explaincd below, relate to the inherently temporary nature of real estate signs; the unique characteristics of the "product" advertised by rcal estate signs; and the municipal interest in ensuring that housing market') are open and accessible to all persons on a non-discriminatory basis. We are convinced that these factors justify treating real estate signs di fferently than other commercial signs. Indeed, we believe that the second factor - the unique characteristics of housing - constitutionally compels a greater allowance for real estate signs than the allowance many municipalities accord other commercial signs. A Municipality May Allow A Greater Number Of Real Estate Signs Because Their Inherently Temporary Nature Poses A Lesser, If Any, Threat To The Municipality's Safety And Aesthetics Interests. Because real estate signs, unlike other commercial signs, arc inherently temporary, they present little if any threat to community aesthetics and safety, and a municipality may therefore constitutionally adopt real estate-specific rcgulations. Subjecting real estate signs to separate standards is permissible so long as the reason for trcating them differently is related to the municipality's underlying aesthetics and safety concerns. The court's summary judgment order in Ballen does not insist that all commercial signs be treated equally. Rather, it turns on the court's view that Redmond did not articulate a reason, related to its asserted interest in regulating signs, for treating certain commercial signs differently than others. In short, the court held the portable sign ban unconstitutional because the reasons proffered for exempting various content-based categories from the ban had "no rational relationship to the [City's] safety and aesthetic goals." Summ. J. Order at 12 (emphasis added). The Court's holding on this point is reiterated repeatedly throughout the summary judgment order. For example: · At page 13, the court observed that the City did "not contend that the prohibited signs present more safety threats or are less attractive" than other I/SL051250314! 01/04106 . . January 4, 2006 Pagc 3 EXHIBJT_ II PAGE-LOF r= commercial signs and therefore had not shown a "relationship bctwcen the content-based distinction and the safety and aesthetic goals." · Similarly, at page II, the court observed that the City's scheme "creates content-based exceptions for certain commercial speech that haC ve] no material relationship to the safety and aesthetic goals." 'fne obvious implication, to use the Supreme Court's language, is that treating different categories of commercial signs differently is permissible so long as there is "some basis for distinguishing between [them] that is relevant to an interest asserted by the city" .- typically, safety and aesthetics. Cincinatti v. Discovery Network, Inc., 507 U.S. 410, 428 (1993) (emphasis added)). That basis exists with respect to real estate signs. Unlike signs advertising commercial establishments, goods, or services, real estate signs are inherently temporary. A sign advertising a business retains its utility for as long as the business remains in operation. A real estate sign, however, loses its utility as soon as the house it advertises sells. The real estate sign's very nature imposes a start and end date for its display -~ namely, the listing and closing date of the house it advertises. In this sense, real estate signs are self-regulating. Because the duration of their display is brief and finite, their impact on aesthetics and safety is necessarily lessened. Other commercial signs, on the other hand, have no defined lifespan. Any perceived problems related to their display are ongoing and indefinite. Many municipalities already recognize the inherently temporary nature of other categories of signs and have crafted content-specific provisions taking that nature into account. For example, many municipalities permit unlimited numbers of off-premises political signs, so long as they are removed within a certain period of time following the election to which they pertain. Similarly, many municipalities pennit signs related to the temporary or secondary use of schools, churches, or conununity buildings for a period not to exceed the operation of the use. Like real estate signs, political and secondary-use signs carry a built-in end date that negates or greatly diminishes any threat to aesthetics and safety and serves as a logical reference point for content- specific regulation. In this light, municipalities may properly retain real estate-speci fic sign regulations. Because their inherently temporary nature is rationally related to the safety and IISL05 J250.3 14) 01/04/06 January 4, 2006 Page 4 EXHIBIT~_ PAGE-'f-OF~._ aesthetics concerns for regulating signs, it is a proper basis for distinguishing real estate signs from commercial signs generally. A Municipality May Allow A Greater Number Of Real Estate Signs In Order To Avoid Foreclosing The Adequate Avenues For Advertising The Sale Of A House. In addition to requiring that content-based distinctions relate to a municipality's interest in regulating signs (usually aesthetics and safety), the relevant case law also requires that any sign regulation leave open adequate alternative avenues of commercial speech. Severely restricting the number of off-premises signs allowed in a givcn municipality may leave open adequate avenues for advertising commercial establishments, goods, or services, but it does not leave open adequate channels for advertising the sale of a home. Commercial speech regulations must "leave open satisfactory alternative channels of communication." 44 Liquormart, Inc. v. Rhode Is/and, 517 U.S. 484, 502 (1996) (internal quotation marks and citation omitted). This requirement applies squarely to regulations limiting real estate signage, regardless of whether the regulation is real estate-specific or a generally applicable regulation that includes real estate signs within its scope. Compare Linmark Associates, Inc. v. Willingboro Township, 43 I U.S. 85,93 (1977), with Eastern Bergen County Bd. of Realtors, Inc. v. Borough of Fort Lee, 720 F. Supp. 51, 54 (D.N.J. 1989). Although "[t]he dcgree to which speech is suppressed -. or alternative avenues of speech remain available - under a particular regulatory scheme tends to be case specific," Lorillard Tobacco Co. v. Reilly, 533 U.S. 5"25, 563 (2002), the Supreme Court has provided some general guidance concerning regulations limiting real estate signs: Although in theory sellers remain free to employ a number of different alternatives, in practice realty is not marketed through leaflets, sound trucks, demonstrations, or the like. The options to which sellers realistically are relegated - primarily newspaper advertising and listing with real estate agents - involve more cost and less autonomy than "For Sale" signs; are less likely to reach persons not deliberately seeking sales information; and may be less effective media lor communicating the message that (/SL051250.314) 0/104/06 January 4, 2006 Page 5 EXHIBIT If PAGE $ OF I is conveyed by a "For Sale" sign in front of the house to be sold. The alternatives, then, are far from satisfactory. Linmark, 43] U.S. at 93 (citations omitted); see also Cleveland Area Bd. of Realtors v. City of Euclid, 88 F.3d 382, 389 (6th Cir. 1996) ("[H]ome-sellers are forced to market their homes using more costly and less autonomous methods, such as real estate agents and newspaper advertising. Owners who want to sell without an agent are severely impaired."); Eastern Bergen County Bd. of Realtors, 720F. Supp. at 54 ("[A]lthough methods of advertisement other than the use of ' For Sale' signs are available to the plaintiffs, the cost and effectiveness of these methods do not render them acceptable or practical alternatives."). The Supreme Court's observations in Linmark were grounded in common sense, but they are borne out by empirical data. John L. Scott Real Estate, Inc., which is among the top three residential real estate brokerage companies in Washington, commissioned a survey by Hebert Research, Inc., during late 2002 and early 2003. The primary purpose of the survey "was to understand how buyers and sellers in the . Seattle and Portland markets gather and use information and real estate agents in their home buying or selling process." Ex. A at 1. The results confirm Linmark's conclusion that signage is ultimately the only satisfactory avenue for marketing a home: · The most common activity a prospective buyer engages in prior to meeting an agent is driving around neighborhoods with an eye open Jor real estate signs. See Ex. A at 5. · The most common activity a prospective buyer engages in after meeting an agent is driving around neighborhoods with an eye open for real estate signs. See Ex. A at 6. · The most common source of information regarding open houses is driving around neighborhoods looking for Open House signs. .S'ee Ex. A at 7. · After referral by family/friend or prior acquaintance with an agent, the most common method of finding a buyer's or seller's agent is seeing the agent's name on a For Sale sign. See Ex. A at 3, 4. jfSL051250 314} 01/04/06 January 4, 2006 Page 6 EXHIBIT ~ PAGE---'-OF L_ · After listing with the Multiple Listing Service (MLS), For Sale signs are considered the most effective method of advertising a house. See Ex. A at 8, 9. These results, which confinn how uniquely important signage is to the markcting of a home, should come as no surprise. They stcm from the fact that the sale of real estate is qualitatively diffcrent then most other commercial transactions. Whereas the ordinary commercial transaction involves the purchase of a movcable good from a fixed location (e.g., a shop), real estate transactions involve the sale of a fixed good from a location that moves with each sale. Directional signs are therefore necessary to direct prospective buyers to the ever-changing point of sale, while on-premises signs are necessary to alert the prospective buyer when he or she has in fact arrived at the "good" offered for sale. Other sources of advertising, such as newspaper listings, cannot perform either of these functions. And while other sources, such as the Intcmet, may be able to generate directions, they are, in the Suprcme Court's words, "Jess likely to reach pcrsons not deliberately seeking sales information," Linmark, 431 U.S. at 93, and, therefore, less likely to "aUract[] potential buycrs who were not actively shopping," Cleveland Area Bd. of Realtors, 88 F.3d at 390. Geography is simply much more in play in the sale of real estate, and signage is therefore much more important. Empirical evidence and judicial precedent support that conclusion. Severely restricting real estate signage would leave no adequate altematives for the advertising of real estate. In this light, a municipality may _ indeed, must--- allow a su fficient number of real estate signs, regardless of how many other commercial signs it penn its. A Municipality May Allow A Greater Number Of Real Estate Signs In Order To Advance Its Interest In Fair Housing. While municipalities have a substantial interest in safety and aesthetics, they also have an undeniable interest in ensuring fair housing within their borders. Indeed, the Supreme Court has explained that a "[ c]ity's interest in minimizing the visual elutter associated with signs. . . is concededly valid but certainly no more compelJing than the intercst[l" in "maintaining a stable, . . . integrated neighborhood." City of Ladue v. C;illeo, 512 U.S. 43,54 (1994). Like aesthetics and safety, fair housing is an interest that can justify a municipality's regulation of signs. Just as a municipality may impose appropriate limitations on commercial signs in order to advance its interest in safety and aesthetics, it may also I/Sl.051250J 141 01104/06 January 4, 2006 Page 7 EXHIBIT---'--_ PAGE-LOF --8-_. encourage the use of real estate signs in order to advance its interest in fair housing. In so doing, the municipality is not engaging in favoritism or protectionism for real estate signs. Rather, it is fostering an interest - fair housing ~- which happens to be a desirable secondary effect of real estate signs. As courts have recognized, real estate signage plays a central role in the promotion of fair housing. "For Sale" and "Open House" signs are the surest way to communicate housing availability to the widest possible audience, without regard for the racial, social, or economic makeup of the audience. Thus, courts have acknowledged that real estate signs can help alleviate the discriminatory effects of "steering" - that is, an agent's "showing certain. . . listings only to customers of one race." Greater Baltimore Bd of Realtors v. Hughes, 596 F. Supp. 906,910 n.3 (D. Md. 1984). Similarly, courts have affirmed the role that real estate signs play in preventing "panic selling." As the Supreme Court explained in Linmark, restricting real estate signs may "cause homeowners to turn to other sources for information," and "actually may fuel public anxiety over sales activity by increasing homeowners' dependence on rumor and surmise." 431 U.S. at 96 n.lO. Judicial observations regarding the fair housing aspect of real estate signage, in turn, arc supported by the John 1... Scott research discussed above. It is clear, for example, that low income persons who may not have access to other sources of information such as the Internet rely very heavily on real estate signs in attempting to secure or sell a home. As the Scott survey found, "rh Javing a sign in front of your house was considered a ') 0' for effectiveness by 46 percent of respondent[ s J who make less than $60,000 a year, compared to only 25 percent of respondents with incomes in excess of $60,000." Ex. A at 8. Similarly, the Scott research reveals the importance that real estate signs play in assisting first-time homebuyers or sellers find a real estate agent. While there are two more common sources of information for choosing an agent - prior acquaintance with the agent and referral from family or a friend - those sources assume the prospective buyer or seller already has a foothold or connection in the real estate market. See Ex. A at 3, 4. The person trying to get his or her foot in the door, on the other hand, need'i real estate signage. finally, in weighing a municipality's fair housing interest and crafting appropriate regulations, it is important to recall the Supreme Court's observation that information relayed by real estate signs "is of vital interest to [a municipality's J residents, since it I/SL0512503 H) 01/04/06 January 4, 2006 Page 8 EXHIBIT~ PAGE I_OF~ may bear on one of the most important decisions they have a right to make: where to live and raise their families." Linmork, 431 U.S. at 96. CONCLUSION Based on the above analysis, it is our opinion that a municipality may allow more real estate signs than it does other commercial signs -- without running afoul of the court's order in Bollen and without violating the Constitution. On the other hand, if a municipality were to severely restrict the number of real estate signs permitted under its regulations - for example, to one on-premises and one off-premises sign ~ it might very well violate the constitutional requirement that it keep available adequate avenues for commercial speech. Vcry tmly yours, Michael Himes MH:mb Attachments I/SLOS1250 3HI 01/04/06 I:B REALTOR@ SEATTLE.KING COUNTY ASSOCIATION OF REALTORS@ 12015 115th Ave. N.E., Suite 195, Kirkland, Washington 98034 (425) 820-3277 (Office) · 1-800-540-3277 (Washington State) · (425) 820-3346 (Fax) Email: skcar@nwrealtoLcom. url: http://www.nwrealtor.com EXHIBIT 5 PAGE I OF~ Testimony of Sam Pace Housing Specialist Seattle-King County Association of REALTORS@ February 15,2006 A. Uniqueness of the Good Being Advertised by Real Estate Signs 1. The location of the good (i.e., property) for sale is different with each sale. 2. Unlike signs advertising businesses or most goods and services, real estate signs are inherently temporary. B. Necessity of Real Estate Signs to the Home-Buying Process 1. Real estate signs are essential to finding a home. a. The most common method (35.1 %) of searching for a home before meeting an agent is driving around neighborhoods. HEBERT RESEARCH, INC., JOHN L SCOTI BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 7 (Jan. 2001). b. Over half of buyers find the home they eventually purchase themselves. Of these, 43.9% find the home by driving around. HEBERT RESEARCH, INC., JOHN L. SC01T BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMAR Y), at ] 3 (Jan. 200]); see also HEBERT RESEARCH, INC., JOHN L. SCOTI, at ] 9 (Feb. 2003) (where buyer, rather than agent or third party, finds home, it is by driving around neighborhoods 39% of the time). c. The most common activity of prospective buyers - both before and after meeting and agent - is driving around neighborhoods (76% of respondents). HEBERT RESEARCII, INC., JOHN L Scan', at 22,23 (Feb. 2003). "'REALTOR. is <l registered mark ollhe NATIONAL ASSOCIATION OF REALTORS EXHIBIT S PAGE ~ .OF~ 2. Real estate signs are essential to finding open houses. a. The most common method of finding information about open houses is driving around neighborhoods (58%). HEBERT RESEARCH, INC, JOHN L SCOTI, at 29 (Feb. 2(03). 3. Real estate signs are essential to finding a buyers' agent. a. For Sale signs are the tbird most common method of finding a buyer's agent. HEBERT RESEARCH, INC, JOHN L SCOrf BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 9 (Jan. 2001); see also HEBERT RESEARCH, INC., JOHN L SCOTI, at 11 (Feb. 2003). C. Necessity of Real Estate Signs to the Home-Selling Process l. After the Multiple Listing Service, For Sale signs are considered the most effective method of advertising a house. IIEBERT RESEARCH, INC., JOliN L. SCOll', at 60 (Feb. 2003). 2. :For Sale signs are the tbird most common method of finding a seller's agent. I-IEBERT RESEARCH, INC, JOHN L SCOTI, at 12 (Feb. 2003). D. Inadequacy of Alternate Means of Communicating Home Sales 1. Case law recognizes tbat other means of communicating housing sales - e.g., newspaper advertisements, listing with agents - are not adequate because tbey involve higber costs and reduced autonomy. Linmark Associates, lnc v_ Township ofWillingboro, 431 U.S. 85,93 (1977); Cleveland Area Board oj Realtors v. City of Euclid, 88 F.3d 382, 388-89 (6th Cir. 1996); Eastern Bergen County Board of Realtors, /nc_ v. Borough o.lFort Lee, 720 F. Supp. 51, 54 (D.NJ. 1989). 2. Internet advertising is not a substitute for real estate signs. a. After the Multiple Listing Service (MLS), having a sign in front of your home is considered tbe most effective method of advertising; tbe Internet is the third most effective method after tbe MLS. IIEBERT RESEARCH, INC., JOHN L SCOTI, at 60 (Feb. 2003). b. Driving around neighborhoods is the most common search method prior to meeting an agent; the Internet is the second most common method. I-IEBERT RESEARCH, INC., JOHN L. SCOlT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 7 (Jan. 200 I). c. Of buyers who find their home themselves, 43.9% find it by driving around neighborhoods; 22.2% find it on the Internet. HEBERT RESEARCH, INC., JOHN L SCOTT BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at J3 (Jan. 2001). EXHIBAT' - PAGE OF ~ d. The most common method of finding information about open houses is driving around neighborhoods; the 'nternet is the third most common method. HEBERT RESEARCH, INC., JOHN L SCOTI, at 29 (Feb. 2003). e. For Sale signs are the third most common method of finding a buyer's agent; the Internet is the eighth most common method. HEBERT RESEARCH, INC., JOHN L SCOTI BUYERS AND SELLERS RESEARCH (EXECUTIVE SUMMARY), at 9 (Jan. 200 I); see also HEBERT RESEARCH, INC., JOHN L. SeOTI, at 11 (Feb. 2003) (third most common versus sixth most conunon). f. For Sale signs are the third most common method of finding a seller's agent; the Internet is the ninth most common method. HEBERT RESEARCH, INC., JOHN L SC01T, at 12 (Feb. 2003). E. Importance of Real Estate Signs in Guaranteeing Equal Access to Housing 1. Real estate signs help prevent steering, i.e., showing a listing only to certain racial, social, or economic groups. See Greater Baltimore Board oj Realtors v. Hughes, 596 F. Supp. 906, 923 (D. Md. 1984). 2. Real estate signs help prevent "panic selling." See Linmark Associates, Inc. v. Township oJWillingboro, 431 U.S. 85,96 n.lO (1977); Cityo[Chicago v_ Prus, 453 N.E. 2d 776, 789 (ilL App. Ct. ]983). 3. Real estate signs convey accurate information regarding matters of great importance to families and the greater community. See Linmark Associates, Inc. v_ Township ofWillingboro, 43] U.S. 85,96 (1977); Greater Baltimore Board of Realtors v. Hughes, 596 F. Supp. 906,925 (D. Md. ] 984). F. Reduced Aesthetic and Safety Concerns with Real Estate Signs 1. On-site real estate signs are self-policed by the resident, alleviating aesthetic and safety concerns common to other types of signs. See City of Ladue v. Gil/eo, 5]2 U.S. 43, 58 (1994). 2. On- and off-site signs are policed by SKCAR and other REAL TOR@ associations, alleviating aesthetic and safety concerns common to other types of signs. a. Through articles and broker updates, SKCAR and other REAL TOR@ associations routinely educate member agents and brokers about municipal code compliance and signage safety concerns. Examples of such publications, ex, Real Estate Signs_- EXHIBIT S PAGE~OF -9- Practice "Saft" Placement, SEA'ITLE-KJNG COUNTY ASSOCIATION REALTOR@, SeptJOct. 1994, at 1. b. SKCAR's Public Affairs Department routinely works in concert with municipal code compliance officers to inform member agents of non- compliance and to correct or remove non-compliant signs. G. Heightened Protection for On-Site Real Estate Signs 1. On-site real estate signs enjoy heightened protection because they involve speechfrom the home. See city of Ladue v.'Gi//eo, 512 U.S. 43, 58-(1994); County Republican Comm. v. Arlington County, 790 F. Supp. 618, 627 n.7 (E.D. Va 1992), rev'd and vacated in part on other grounds, 983 F.2d 587 (4th Cir. 1993). Thank you for the opportunity to offer these comments. SEATTLE-KING COUNTY ASSOCIAHON OF REALTORS@ ~p~ Sam Pace, JD, MBA, GRJ Housing SpedaHst Se3ttl~Kmg CQu1y A$.!JCKi3<<~Q ()f REAL TQRS@ 29839 - 154th Ave SE Kent, W A 98042-4557 sampace(Q),concentric.net Direct: (253) 630-5541 Fax: (253)630-5542 Cell: (253)569-2663 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 20th, 2006 Land Use and Transportation Committ~. Derek Matheson, Interim City Manage~v--....- ~ Kathy McClung, Community Development Services Direct<,t-'f" ~ Temporary Senior Planner for 2006 Work Program POLICY QUESTION: Should the Council authorize staff to hire a temporary senior planner and decide the work program priorities at the next meeting since hiring this position will take some time? BACKGROUND: Members of LUTC have expressed an interest in completing studies associated with this year's Comprehensive Plan requests, the Planning Commission's work program and for possible annexations. The department has $109,000 in carry forward funds to support hiring a temporary senior planner to work on some additional projects. About $85,000 will pay for salary, supplies and equipment for atemporary senior planner for one year. Although this action would not normally go to a Council Committee, I thought it prudent to get direction about which priorities are most important to the Council as part of a new temporary position's work plan. An attempt has been made to estimate the magnitude of stafftime involved in each specitlc projects identitled below in terms of a percentage of a full time employee ("FTE"). The total estimated hours to complete all of the following projects equals in excess of one and one-halfFTE's (8% FTE is equivalent to 30 days of work effort). Therefore careful selection and/or prioritization of projects will be needed when establishing the work program of this position. Comprehensive Plan Requests. The following items were raised in the last LUTC meeting as possible studies to complete for this year's Comprehensive Plan requests. Because of the need for these studies, the associated Comprehensive Plan requests would likely be put on hold until the studies could be completed. I. The Iow-:density residential area in the south part of the City, west ofPacitlc Highway. The city continues to get individual requests to increase density in this area since sewers are more accessible. A study needs to evaluate what impact a higher density will have on the traftlc model and whether storm drainage is adequate to serve the area. (32% FTE) 2. The BC, OP and BP zones need to be evaluated to see if the BP zone is serving the needs ofthe community or if these zones need to be moditled. (8% FTE) Planning Commission Work Program. The following are items that were raised by Council at the time the Planning Commission work program was being reviewed. These were items that the Council indicated were a high priority but may be difficult to complete with existing staff and projects that the City is already committed to. The City is already committed to completing the update of the Comprehensive Plan and individual requests, the Shoreline work for this year and the cottage housing code amendments. Other projects a new position could work on are: 1. Retention of vegetation. (16% FTE) March 20, 2006 Land Use and Transportation Committee Temp. Sr. Planner for 2006 Work Program Page 2 2. Increased building heights for certain BN and BC zoned areas. (16% FTE) 3. Code amendments that are a result of the Planned Action SEPA for the downtown area. (32% FTE) Annexations. Finally, at the Council Retreat, annexations were discussed and it was agreed that if the proposed annexation legislation passed that granted cities some financial relief for annexing their P AA areas, staff would come back to council to revisit this issue. It is my understanding that this bill is on the Governor's desk and could be signed into law. (50% FTE) SUMMARY: Realistically by hiring a temporary senior planner, about three to four of the above projects could be completed within the year depending on their complexity. Hiring a temporary senior planner to coordinate the projects, do a majority of the research, complete the environmental checklist and the staff reports will be a good start to completing these projects. What isn't accounted for is the time and cost in other departments, especially Public Works. Traffic and storm water analysis will need to occur for any area-wide studies and is not accounted for in the $85,000 temporary senior planner salary. However ifthe Council selects projects that require unbudgeted work by the Public Works department, the remaining portion of the $109,000 in cany forward money could be used to defer staffing or modeling not addressed in the Public Works work program. OPTIONS: The LUTC can take the following actions: I. Direct the staff to hire a temporary senior planner and decide the priorities at the next LUTC meeting since hiring this position will take some time anyway. 2. Give direction at tonight's meeting. 3. Delay until there is more direction on the annexation issue. 4. Hold these work items until next year. 81' AFF RECOMMENDATION: Staffreconnnends forwarding Option I to the April 41\ 2006 City Council Consent Agenda for approval: Authorize staff to hire a temporary senior planner and decide the priorities at their next meeting since hiring this position will take some time anyway. COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the April4t\ 2006 City Council Consent Agenda. ee: Project File Day File CITY OF FEDERAL WAY MEMORANDUM DATE: March 20, 2006 FROM: Land Use and Transportation Committee Derek Matheson, Interim City Manager~ Patricia A. Richardson, City Attorney ~ ~ TO: VIA: SUBJECT: Proposed Resolution to Grant Noise Variance to WSDOT Policy Issue: Should the City Council pass the proposed resolution granting the Washington State Department of Transportation (WSDOT) a noise variance for work done during restricted hours? Background: WSDOT is scheduled to start a project to widen the existing SR 99 North and South bound lanes to add High Occupancy Vehicle (HOV) lanes beginning June 2006 and ending October 2007 (the "Project"). The Project includes the addition of retaining walls, stormwater detention and treatment facilities, sidewalks, planter strips, raised medians, illumination upgrades, traffic signalization, signing and other items of roadway safety. WSDOT has requested a temporary noise variance in a letter dated January 3, 2006, attached to the Proposed Resolution as Attachment A, to allow work on the Project during 29 nonconsecutive nights during two construction seasons. The Federal Way City Code (FWCC) Section 22-956 contains nighttime environmental noise standards and adopts the maximum environmental noise levels identified in Washington Administration Code (WAC) Section 173-60-080. In accordance with the City's nuisance law codified under FWCC Sections 10-26 and 10-27, FWCC Section 22-1006(a) sets out the times when it is a violation to engage in any development activity or to operate any heavy equipment. FWCC Section 22-1 006(b) authorizes the Director of Community Development to grant revocable, written permission to engage in a development activity or to operate heavy equipment between the hours of8:00 p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed by the city. The Director of Community Development does not have the authority to grant an exemption to the work hour restrictions not covered by FWCC Section 22-1 006(b). Council may pass a resolution granting a variance to the work hour restrictions not covered by FW CC Section 22-1 066(b). In this case, it is much safer for WSDOT workers to work in the middle of the night when traffic is reduced. Performing the necessary work during daytime hours will significantly increase the number of days that lane closures would be necessary. The increased number of days with lane closures would result in unacceptable delays and impacts to the traveling public, local businesses and local residents. WSDOT has agreed to provide the City of Federal Way with a detailed construction schedule as soon as one is available, to notify all affected residents within 500' ofthe Project limits, and to implement measures to reduce the amount of noise coming from the Project as outlined in Attachment A. WSDOT has indicated that it will attempt to schedule its work, weather permitting, for the least impact to businesses and the citizens of Federal Way. Neighboring citizens will benefit from having this work completed during 29 nonconsecutive weekend nights rather than during many more days, which would result in daytime lane closures that would cause significant traffic delays. WSDOT will benefit from having a safer work environment. Local businesses will benefit from having the lane closures during non-business hours. Options: I. Recommend approval of the proposed resolution to grant WSDOT a noise variance to work on the Project during restricted hours and forward to the full Council for approvalat the April 4, 2006, regular City Council meeting. 2. Recommend rejection ofthe proposed ordinance. 3. Recommend modification ofthe proposed resolution and forward to the full Council for approval at the April 4, 2006, regular City Council meeting. Staff Recommendation: Approve the proposed resolution and forward to the full council for approval at the April 4, 2006, regular City Council meeting. (Option 1) Committee Recommendation: Forward option _ to the full City Council for placement on the April 4,2006, City Council Agenda. APPROV AL OF COMMITTEE ACTION: Committee Chair - Committee Member Committee Member K:\agndaitem\LUTC\2006\WSDOT Noise Variance - Hwy 99 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A NOISE AND WORK HOUR VARIANCE FOR WORK TO BE DONE BY THE WASHINGTON STATE DEPARTMENT OF TRANSPORT A nON ON THE SR 99 WIDENING PROJECT DURING RESTRICTED WEEKEND HOURS. WHEREAS, the Federal Way City Code (FWCC) Section 22-956 contains nighttime environmental noise standards and adopts the maximum environmental noise levels identified in Washington Administration Code (WAC) Section 173-60~080; WHEREAS, in accordance with the City's nuisance law codified under FWCC Sections 10- 26 and 10-27, FWCC Section 22-1006(a) sets out the times when it is a violation to engage in any development activity or to operate any heavy equipment; WHEREAS, FWCC Section 22-1 006(b) authorizes the Director of Community Development to grant revocable, written pennission to engage in a development activity or to operate heavy equipment between the hours of8:00 p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed by the city; WHEREAS, the Director of Community Development does not have the authority to grant an exemption to the work hour restrictions not covered by FWCC Section 22-1 006(b); WHEREAS, the Washington State Department of Transportation (WSDOT) is scheduled to start a project to widen the existing SR 99 North and South bound inside lanes to add High Occupancy Vehicle (HOY) lanes beginning June 2006 and ending October 2007 (the "Project"); Res. # _~, Page I WHEREAS, the Project includes the addition of retaining walls, stormwater detention and treatment facilities, sidewalks, planter strips, raised medians, illumination upgrades, traffic signalization, signing and other items of roadway safety; WHEREAS, WSDOT has requested a temporary noise variance in a lettcr dated January 3, 2006, attached hereto as Attachment A, to allow work on the Project during 29 nonconsecutive nights during two construction seasons; WHEREAS, it is much safer for WSDOT workers to work in the middle ofthe night when traffic is reduced; WHEREAS, performing the necessary work during daytime hours will significantly increase the number of days that lane closures would be necessary; WHEREAS, the increased number of days with lane closures would result in unacceptable delays and impacts to the traveling public, local businesses and local residents; WHEREAS, WSDOT has agreed to provide the City of Federal Way with a detailed construction schedule as soon as one is available, to notify all affected residents within 500' of the Project limits, and to implemcnt measures to reduce the amount of noise coming from the Project as outlincd in Attachment A; and WHEREAS, WSDOT has indicated that it will attempt to schedule its work, weather permitting, for the least impact to businesses and the citizens of Federal Way; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Noise and Work Hour Variance. The City Council hereby grants a noise and work hour variance for the hours of8:00 p.m. Saturday through 9:00 a.m. Sunday, and 8:00 pm Sunday Res. # _, Page 2 through 7:00 a.m. Monday for the work to be done by the Washington State Department of Transportation during those weekend hours on the Project. Neighboring citizens will benefit from having this work completed during 29 nonconsecutive weekend nights rather than during many more days, which would result in daytime lane closures that would cause significant traffic delays. WSDOT will benefit from having a safer work enviromnent. Local businesses will benefit from having the lane closures during non-business hours. Section 2. Grant of Authority. The City Council hereby grants the Director of Community Development the authority and discretion to grant any additional exemptions to the work hour restrictions not covered by FWCC Section 22-I006(b) to WSDOT for the duration of the Project. Section 3. Severability. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase ofthis resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERALW A Y, WASHINGTON, this day of , 2006. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK Res. # _, Page 3 ATTEST: CITY CLERK, LAURA HA THA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:\Resolution\WSDOT Noise Variance - Hwy 99 Res. #_, Page 4 Attachment A ~ ili Washington State Department of Transportation Douglas 6. MacDonald Secretary or Transpoltation Northwest Region January 3, 2006 Mr. Andy Bergsagcl City of Federal Way 33530 1st Way South PO Box 9718 Federal Way, WA 98063-9718 Re: Temporary Noise Variance Request SR 99 - S. 2841h St to S. 272"d St HOV Lanes project Dear Mr. Bergsagel: The purpose of this letter is to request a 29-day nighttime noise variance from the City of Federal Way for the WSDOT project scheduled along SR 99. This project will occur along SR 99 from MP ILl 5 to 12.92 and will include widening ofSR 99 to accommodate HOV lanes. The project also adds retaining walls, stormwater detention and treatment facilities, sidewalks, planter strips, raised medians, illumination, traffic signalization, and signing. There are various items of work that require extended lane closures on SR 99. These items include removing and replacing two existing culverts, and the placement of two underground detention tanks. Performing these lane closures intemliUently during daytime hours will significantly increase the number of days that lane closures will be necessary. Such extended lane closures will cause unacceptable delays and impacts to the traveling public. WSDOT recommends that items of work requiring extended lane closures be perfonned on a continual basis in order to expedite the process and lessen the impacts to the traveling public and local residents. This will require that constmction for such items take place during nighttime hours. 111is project will begin June 2006 and end October 2007, with a total of29 non-consecutive nights of work during two constmction seasons within the jurisdiction of Federal Way. We are requesting a 29-day variance from the requirements of Section 22-956 of the Fedeml Way City Code (as per WAC 173-60-(80) and Section 22-1006 of the Federal Way City Code. Included in these 29 nights of work are: · Paving of some sections ofSR 99. . Remove and replace 2 culverts. · Placement of underground detention tanks. · Upgrading drainage facilities. . Construction of some of the retaining walls. · Channelization /striping details. The completion of this work is dependent upon weather, proposed construction schedule of the contractor and material availability. We propose the following implementation schedule/plan to comply with the City's noise ordinance and to minimize noise impacts to nearby residents: I. The contractor shall provide the City of Federal Way with a detailed construction schedule as soon as it is available. 2. The contractor shall notify affected residents within 500' of the project limits by sending a flyer or a letter about the nighttime work at least 7 calendar days in advance of such work; 3. Lighting used for nighttime work shall, wherever possible, be directed away from oncoming traffic and residences; 4. All trucks performing export haul shall have rubber bed liners; 5. A)) backup warning devices employed shall be the least obtrusive ambient sensitive type (or the Contractor may use a backup observer in lieu of backup warning devices as allowed by WAC Chapter 296-1 55-61O[2][e]); 6. Provide a 24-hour WSDOT complaint number as well as a list of designated contact persons shall be provided for the purpose of forwarding complaints; 7. Use of temporary shields when possible around stationary equipment when possible. The construction Project Engineer in charge of administering the contract is: Messay Shiferaw, P.E. WSDOT 643 J Corson Avenue S Seattle, W A 98 I 08 (206) 768-5862 Should construction activities associated with this project cause noise impacts and a noise complaint is received, we request that you help us resolve it by notifying the Project Engineer within 24 hours of occurrence. Please review this proposal and let me know whether it is acceptable by sending written confirmation to my attention. Or, please give me a call if you have any questions. Sincerely, .I~J~ Shawn Gilbertson Air Quality, Acoustic, and Energy Program Specialist Washington State Department of Transportation 15700 Dayton Avenue North, NB82-138 P.O. Box 330310 Seattle, W A 98133-9710 Phone: Fax: E-mail: (206) 440-4547 (206) 440-4805 gilbers@wsdot.wa.gov Attachments cc: Messay Shiferaw/Ziyad Zaitoun Day file File MS60 Attachment 1. Vicinity Map , . , BEGIN PROJECT SR99 MP 12.15 STA 39+64.000 i END PROJE T SR99 MP I!Z. 92 5 T A BO+5~. 000 r-..:, KENT IX, (;)-> Attachment 2. Construction Equipment 1. Standard Crawler Dozers 2. Chain Saws 3. On-highway tractor-trailer rigs 4. Articulate Frame Grinders 5. Excavators 6. Flat Bed Trucks 7. Street Sweepers 8. Planing Machines 9. Asphalt paving machines 10. Pavement rollers 11. Rubber Tires Rollers 12. Finish Rollers 13. Running-engine power generators 14. Bucket Trucks 15. Portable Light Towers 16. Generators 17. Compressors 18. Chipping Guns 19. Jack Hammers 20. Pumps 21 . Cranes 22. Pile Drivers Construction Activitv Retaining wall construction: Paving: Drainage: Roadway Widening: Possible Equipment Used (from above list) 1,2,3,5,6,7,13,16,17,18,19,20 3,6, 7, 8, 9, 10, 12, 13, 15, 16 1,2,3,5,6,7,13,16,17,18,19,20 1,3,6,7,13,16,17,18,19 WSDOT Project - SR99 S. 284th St to S. 272nd St HOY lanes. Approximate workzone for weekend nightwork.