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ORD 12-712ORDINANCE N0.12-712 AN ORDINANCE of the City of Federal Way, Washington, relating to high profile pylon and pole signs; amending FWRC 19.140.140. (Amending Ordinance Nos. 07-554, 06-523, OS-486, 99-348, 95-235, 07-559, OS-504, and 96-270) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 1935 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt amended development regulations for signs within the City of Federal Way; and WHEREAS, the proposed amendments would allow a third high profile pylon or pole sign for qualifying properties in the City Center-Core (CC-C), City Center-Frame (CC-F), Community Business (BC), and Commercial Enterprise (CE) zoning districts; and WI�REAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on October 15, 2011, and no comments or appeals were received and the DNS was finalized on November 14, 2011; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 201 l, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council considered these code amendments on December 5, 201 l, and recommended adoption of the text amendments as recommended by the Planning Commission; however, the LUTC moved to separate the Ordinance No. 12-712 Page 1 of 5 sign code amendments that were considered by the Planning Commission into two separate ordinances. The separate ordinances pertain to: a) high profile pylon and pole signs; and b) banner signs. The subject of this ordinance only pertains to high profile pylon and pole signs, and a separate ordinance pertaining to banner signs will be considered by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by allowing businesses to have signs that will help attract customers to businesses, sales, and other events, thus supporting economic development. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and 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: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federad Way Comprehensive Plan goals and policies: EDG-6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. Ordinance No. 12-712 Page 2 of 5 EDPI D The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the communiry. EDPI S The City will continue to impdement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of docating businesses in the City. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because when correctly located and installed, high profile pylon and pole signs will not interfere with vehicular or pedestrian travel and will not create visual clutter, yet will allow signage that will assist businesses in attracting customers. Limiting the number, size, and type of signage will continue to promote a positive visual image of the city. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because high profile pylon and pole signs help to attract customers to businesses, sales, and other events, thus supporting economic development. Section 3. FWRC 19.140.140 is hereby amended to read as follows: 19.140.140 Signs in nonresidential zoning districts - 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 subsections (1) and (2) of this section, a subject property may be permitted an additional freestanding sign if it meets the criteria contained in subsection (4) of this section. 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 maaLimum sign area of 80 square feet for the total of all sign faces with no one sign face exceeding 40 square feet. (1) High profrle sign. (a) Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign or sig�ns: (i) A minimum of 250 feet of frontage on one public right-of-way; (ii) A zoning designation of city center core (CC-C), city center frame (CC-F), community business (BC), or commercial enterprise (CE); (iii) A multi-use complex; and (iv) 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; (ii) Pedestal signs; Ordinance No. 12-7I2 Page 3 of S (iii) Monument signs; (iv) Tenant directory signs; and (v) Kiosks. Sign content for any pylon ar 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 ma�cimum heights: (i) Pylon or pole sign: 25 feet; (ii) Pedestal or monument signs: 12 feet if in lieu of a pylon or pole sign. Otherwise, pedestal and monument signs shall not exceed five feet; (iii) 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; (ii) Pedestal or monument signs: 128 square feet for the total of all sign faces with no one face exceeding 64 square feet; (iii) 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 signs: Each qualifyin sig te is permitted at least Aone �,vlon or pole sign. � , A second �ylon ar pole sign is permitted for a qualifying site if the subject propertv has an additional 500 feet of street frontage for a total of at least 750 feet of a��'egate fronta�e on an�public ri ts- of-wa��ylon or pole signs must be separated a minimum distance of 250 linear feet measured along the ri ts-of-way A third � loy n or pole sig��ermitted for a quali ing site if the sub�ect property has a total of at least 2 000 feet of ag�regate frontage on two or more public ri ts-of-wa� However no more than two �ylon or pole signs are allowed to front on or be oriented toward a sin�le street ri t-of-wav frontage All � lov n or pole signs must be separated a minimum distance of 250 linear feet, measured along rights-of-way. (ii) 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 (1)(e)(i) of this section. In addition, two monument signs which identify the name of any multi-use complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height; and (iii) Tenant directory or kiosk signs: One sign per frontage on a public right-of-way. Section 4. Severabilitv. 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 of the ordinance, or the validity of its application to any other persons or circumstances. Ordinance No. 12-712 Page 4 of S Section 5. Corrections. The City Clerk and the codifiers of this ardinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. 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 this 17`'' day of January, 2012. CITY OF FEDERAL WAY . MAY , S PRIEST ATTEST: � CITY CLERK, CAROL MCNEIL , CMC APPROVED AS TO FORM: C TY ATTO Y, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: 12-27-2011 1-17-2012 1-20-2012 1-25-2012 12-712 Ordinance No. 12-712 Page 5 of S