Res 92-125
RESOLUTION NO.
92-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, GRANTING A SIGN
CODE VARIANCE REQUEST FOR APPLICANT, EAGLE
HARDWARE AND GARDEN.
WHEREAS, the applicant, Eagle Hardware and Garden, has a
possessory ownership in property located at 35205 16th Avenue South
in the vicinity of the southwest corner of 16th Avenue South and
South 352nd Street within the City of Federal Way; and
WHEREAS, applicant is requesting a variance to the sign
code provisions
of Federal Way Code Chapter
95 to allow the
placement of wall mounted signage totalling 377.99 square feet of
copy area; and
WHEREAS,
pursuant to Federal Way Zoning Code Chapter
95.70, a sign code variance is processed according to Process III,
described in Chapter 155 of the Federal Way Zoning Code; and
WHEREAS, after all proper notice requirements, a public
hearing
was
held
on
the
request
for
sign
code
variance
on
September 8, 1992; and
WHEREAS, the City of Federal Way Hearing Examiner, having
heard public testimony and having reviewed all written comments and
evidence presented, on September 22, 1992 issued a recommendation
that the sign code variance application be denied.
WHEREAS,
on
September
28,
1992,
a
Request
for
Reconsideration of the Examiner's Recommendation was filed by the
applicant; and
COPt
WHEREAS,
pursuant to Federal Way Zoning Code section
155.65(6), the Examiner accepted the Request for Reconsideration
and
on
October
7,
1992,
the
Examiner
issued
a
Decision
on
Reconsideration wherein the Request for Reconsideration was denied;
and
WHEREAS,
there were no challenges to the Examiner's
Recommendation
and
Decision
on
Reconsideration
presented
to
Council; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY
RESOLVE AS FOLLOWS:
section 1.
Findinas of Fact.
Pursuant to the Federal
Way
Zoning
Code
155.75,
the
ci ty Council
has
considered the
application and after full consideration of the entire matter and
the record before the Hearing Examiner including the Community
Development staff report, the Examiner's recommendation, and the
Examiner's decision on reconsideration, the City Council hereby
adopts the Findings of Fact numbers 2,3,4,7,8,9 and 10 of the
Examiner's
recommendation
dated
September
22,
1992
for
this
applicant and adopts the additional Findings of Fact:
A. 1.
The applicant is proposing to erect wall mounted
signs totalling 211 square feet of copy area to identify the Eagle
Hardware and Garden store.
A. 2.
Federal Way Zoning Code 165.35.5 Non-conformance,
requires
all
non-conforming
signs
to
conform
to
Federal
Way
standards by March 1, 1995.
-2-
section 2.
The City Council adopts the following
findings of specific criteria which an applicant must meet in order
to obtain a Sign Code variance, pursuant to Federal Way Zoning
Code, Chapter 95.70:
1.
The proiect is consistent with the Comprehensive
Plan.
The
Comprehensi ve
Plan
addresses
signage
under
Commercial/Industrial Policies.
Policy C-30
states;
"Prohibi t billboards,
and regulate identification and
advertising
signs
in
commercial
and
industrial
development."
Prior to this application for variance
from the code This proposal has been reviewed under
section 95 of the Federal Way Zoning Code for appropriate
land use sign category and square footage allowed by that
category.
The
granting
of
this
application
will
accomplish the dual goals of provide sufficient sign area
for the applicant, and not contributing substantially to
existing or future sign clutter in the area.
2.
The
proiect
is
consistent
with
all
applicable
provisions of the FWZC. includina those adopted bv
reference from the Comprehensive Plan.
All Sign Code variance applications are required to
meet criteria established in section 95.70 of the
Federal
Way
Zoning
Code.
Approval
of
this
application with conditions,
is consistent with
general
sign
code requirements
of
FWZC
95
and
-3-
variance criteria of FWZC 95.70, as follows:
A. FWZC Chapter 95 Sign Code Requirements:
1.
FWZC 95.45.
Category "D" sign copy area
allowance
is
based
on
total
street
frontage.
street frontage calculations for this application
includes
frontage
along
16th
Avenue
South
(indicated in the application) and street frontage
along South 352nd.
South 352nd will eventually be
constructed on the north side of the site.
This
provides additional street frontage of 575 feet
increasing total street frontage for purposes of
calculating allowed sign area from 610 feet to 1185
feet.
Category "D" allows a base of 95 square feet
of sign copy area for street frontage totaling
1185-1189 feet.
2. FWZC 95.25
The
sign
area
for
"CONTRACTOR
ENTRANCE" sign proposed at the south elevation will
not be included when calculating the total copy
area.
This is consistent with signs designated as
exempt from permit requirements under FWZC section
95.25.
3. FWZC 95.100
An "ENTER" sign is proposed for
the
entrance
from
16th
Avenue
S.
This
sign
designating the street entrance will not include
any
corporate
identification.
Section
95.100,
SDecial Sians,
classifies this sign as Private
-4-
Traffic Directional.
The FWZC allows a maximum
sign area
of
4
square
feet.
A permit
is not
required nor
is the
sign area
included
in the
total.
B. FWZC 95.70
SIGN VARIANCE CRITERIA:
First
criteria
95.70.4a
Based
upon
the
proliferation
of
pre-existing
non-conforming
signs in the area of the subject property, signs
consistent
with
this
Chapter
would
not
be
reasonably visible to potential patrons or users.
This
is
true
based
upon
such
factors
as
the
topography of the area and the posted speed limits
of and volumes on the street or streets providing
direct vehicle access to the subject property.
Response - The speed limit along 16th Ave. S. is 45
miles an hour with considerable heavy truck traffic
from Interstate 5 and the Flying "J" truck stop.
street improvements will be made to 16th Avenue
South which currently narrows from four lanes with
a center turn lane to two lanes at the end of the
Eagle Hardware site.
The United states Department
of Transportation recommends traffic control signs
under similar speed limit and traffic situations
have a minimum lettering size of 4-6 inches and the
-5-
sign
panel
be
large
enough
to
accommodate
the
letters without crowding.
This correlation between
type
of
roadway,
speed
and
clarity
is
also
applicable to commercial signage.
Traffic
volumes
supplied
by
the
Federal
Way
Department of Public Works indicate average daily
volume heading north on 16th Ave.
South from S.
356th to SR 18 is 11,100 vehicles.
South bound
traffic from SR 18 to S. 356th is 9,800 vehicles.
Businesses in the immediate area along the west
side
of
16th Ave
S.
are primarily service
and
transportation related,
such
as
the
Flying
"J"
Truck stop.
other businesses on the west side of
16 Ave S.
include a citizen band radio shop,
a
motel and a trucking firm.
Along the east side of 16th Ave. S. are two new
restaurants
and the Costco/GI
Joes/Office Depot
development.
The restaurants are located to the
front of the development, closer to 16th Ave. S.
than the retail uses.
The restaurant's signs were
approved under Federal Way sign regulations.
These
businesses are in the Community Business Zone (BC),
sign category "E",
Category "E" allows the maximum
-6-
amount
of
sign
area.
However,
Costco/GI
Joes/Office Depot signs were erected under King
County
regulations.
King
County
regulations
currently allow greater sign area than do Federal
Way regulations.
Costco and GI Joes each have one
building face mounted sign.
Office Depot has two,
one depicting the name "Office Depot" and another
of smaller lettering for a slogan.
It can not be
determined whether any of these signs would meet
current Federal Way standards.
The Eagle Hardware & Garden site is roughly equal
grade to 16th Avenue South,
down slope from the
Costco/GI
Joes/Office
Depot
site.
Average
difference in grade is estimated at 15-20 feet.
Second
criteria
9S.70.4b
A
sign
package
consistent with
the provisions
of
this
Chapter
would
not
provide
the
use
or
business
with
effective signs.
Response - Based on street frontage and types of
signs
proposed,
95
square
feet
of
signage
is
allowed.
The code includes multipliers under FWZC
95.45
for
non-internally
illuminated
signs
and
proposals for building mounted-only signs.
As no
-7-
ground mounted signs are proposed,
except for a
Private Traffic Direction sign, a 1.25 multiplier
can be added.
This
enlarges
the total
square
footage allowed to 118.75 square feet.
This is for
all commercial sign identification.
Given the size
of the facility, use, traffic volume and speed this
cannot be considered adequate signage.
This approval allows signs totaling 211 square feet
for the applicant facility. The 16 square foot sign
on the south elevation indicating the contractor
entrance is not counted in the total nor is a 13
square foot "ENTER" sign.
u.s.
Department of Transportation guidelines for
traffic
control
signs
recommend
minimum
letter
sizes be exceeded where conditions indicate the
need for greater legibility.
Traffic control signs
are located at the edge of the right-of-way and
would not require the size lettering needed by a
commercial sign on a building setback from the
right-of-way.
Square footage for the remaining
signs is proposed for building elevations setback
150+ feet from the right-of-way.
To be effective,
these signs, including the "ENTER" sign, should be
recognizable
from
distances
and
locations
-8-
sufficient to allow traffic time to accommodate
safe entry into the site.
Third criteria - 95.70.40 -
The type, number and
size of signs requested is the minimum necessary to
provide the use or business effective signs.
Response - The number of individual signs requested
is four.
The number and type of signs proposed for
a facility of this use meets this criteria. Three
signs are proposed for the east elevation along
16th Ave. S.
One sign is proposed for the north
elevation.
Additional signs display an Eagle Hardware slogan,
"MORE OF EVERYTHING";
identify the facility.
is 63.74 square feet.
they do "not
specifically
Their total square footage
3.
It is consistent with the Dublic health. safetvand
welfare.
This Variance
is
requested
to
enhance
business
identification and has been reviewed under
section 95 of the
Federal Way Zoning Code.
The proposal has satisfied the review
process for evaluation of the proposal under FWZC 95.70, conditions
-9-
for variance.
This review has ensured the protection of the
public's health, safety and welfare.
Section 3.
Conclusions.
Based upon the above Findings
of Fact and Findings of Specific Criteria, the City Council makes
the following Conclusions:
1.
The
allowed maximum sign area
in the Code
for
category (D)
is inadequate for this applicant.
Facility,
size,
location,
and nature
as
a destination bulk retail
facility supports an increase over the allowed sign area.
High traffic volumes, generally existing of large truck or
other commercial vehicles, and a 45 mph speed limit combine to
decrease the visibility of any sign for this application of a
size consistent with the Code.
2.
16th Avenue South divides the Manufacturing Park
zone (MP) and community Business Zone (BC).
Each of these
zones allow different sign areas for the same use.
Strictly
applied,
the Code provides that,
strictly applied,
Eagle
Hardware and Garden located in the MP zone must meet the
standards of sign category (D).
However, the same use in the
BC zone would be allowed a sign of a size allowed under sign
category (E).
Category (E), as applied to Eagle Hardware and Garden
would allow 169 square feet of the sign area.
Application of the
multipliers allowed under category (E) of the Sign Code to the
Eagle Hardware project, the total sign area allowed is 211 square
feet.
-10-
section 4.
Variance Approval.
The Sign Code variance
request application #UPIII-92-0006 for applicant Eagle Hardware and
Garden is approved to allow 211 square feet of sign area, equal to
that allowed in sign category (E) for the same retail use.
Section 5.
Conditions of Approval.
Approval of the Sign
Code variance is subject to conditions as follows:
1.
By March 1, 1995, the signs for Eagle Hardware and
Garden facility shall be brought into compliance with the
Federal Way Sign Code in effect at that time.
2.
As a condition of the issuance of the sign permit
and pursuant to Federal Way Zoning Code Chapter 180,
the
applicant
shall
post
a
performance
bond
in
an
amount
sufficient to guarantee compliance with condition #1.
Section
6.
Conditions
of
Approval
Intearal.
The
conditions of approval of this Sign Code Variance are all integral
to each other with respect to the City Council finding that the
public use and interest will be served by the granting of the
variance.
Should any court having jurisdiction over the subject
matter declare any of the conditions invalid, then, in said event,
the approval for variance granted in this resolution shall be
deemed void and the Variance application shall be remanded to the
Hearing Examiner for the city of Federal Way to review the impacts
of the invalidation of any condition or conditions and to conduct
such additional proceedings as are necessary to ensure that the
sign code variance meets all applicable city ordinances, rules, and
-11-
regulations, and the Examiner shall forward such recommendation to
the city Council for further action.
Section 7.
Severabili tv.
If any section, sentence,
clause or phrase of this 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
of this resolution.
Section 8.
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 FEDERAL WAY,
WASHINGTON, this ~ day of
December
I 1992.
CITY OF FEDERAL WAY
."""'-~T:
\
~7J ~~
J'TY CLE
, APPROVED AS TO FORM:
~,
CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 92-125
December 9, 1992
December 15, 1992
la\kathleer\reso\eaglesig.var
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