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Res 93-127 RESOLUTION NO. 93-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DENYING A SIGN CODE VARIANCE REQUEST FOR APPLICANT, OLIVE GARDEN ITALIAN RESTAURANT. WHEREAS, the applicant, Olive Garden Italian Restaurant, has a possessory ownership in property located at 35100 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 three wall mounted signs totalling 163 square feet of signage; 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 October 13, 1992; and WHEREAS, the City of Federal Way Hearing Examiner, having heard public testimony and having reviewed all written comments and evidence presented, on October 27, 1992, issued a recommendation that the Sign Code variance application be denied, and WHEREAS, no Request for Reconsideration of the Examiner's Recommendation has been filed by the applicant; and WHEREAS, there were no challenges to the Examiner I s Recommendation; NOW, THEREFORE, COpy THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: section 1. Findinqs of Fact and Conclusions of Law. Pursuant to the Federal Way Zoning Code 155.75, the city 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 and the Examiner's Recommendation, the city Council hereby adopts by reference the Findings of Fact and Conclusions of Law contained in the Examiner's Recommendation dated October 27, 1992, for this application, which is attached hereto as Exhibit A. section 2. SDecific criteria. The City Council adopts the Examiner's Findings wi th respect to the abili ty of this applicant to meet the specific criteria of Sign Code variances, pursuant to Federal Way Zoning Code Chapter 95.70. The Council finds that this applicant does not meet the criteria of Federal Way Zoning Code 95.70(4)(a)-(c). section 3. variance Denial. Based upon the above Findings of Fact, Findings of Specific Criteria, and Conclusions of Law, the Sign Code variance request application #UPIII-92-0003 for applicant Olive Garden Italian Restaurant to allow 163 square feet of sign area is denied. -2- Section 4. Severabilitv. 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 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 FEDERAL WAY, WASHINGTON, this ~ day of January , 1993. CITY OF FEDERAL WAY ~Cf~ MAYOR, ROBERT S1EAD SWANEY, CMC AS TO FORM: FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 93-127 December 30,1992 January 5,1993 la\kathleer\reso\olivegar.var -3- EXHIBIT A BEFORE THE HEARING EXAMINER OF THE CITY OF FEDERAL WAY IN THE MA TIER 0 F THE APPLICATION OF: ) ) ) ) ) ) ) ) ) ) ) FILE #UPill-92-0003 F\VHE # 92-12 COMBS AND ASSOCIA TFS IN BEHALF OF OLIVE GARDEN RESTAURANT For Process ill Approval of a Variance From Chapter 95 (Signs) of the Federal Way Zoning Code RECOMMENDA nON I. SUMMARY OF APPLICATION The applicant in this matter requested approval to erect signs exceeding the square footage allowed by Chapter 95-.sIQlli of the Federal Way Zoning Code. Requests to vary from the Sign Code are provided for under Chapter 95.70 of Federal Way Zoning Code, with Process ill approval. TI. PROCEDURAL INFORMATION At the hearing the following presented testimony and evidence: 2. 1. Martin Nordby, Code Compliance Officer, City of Federal Way 33530 - 1st Way South, Federal Way, WA 98003 Richard Stacey, General Mills Restaurants, Inc. Post Office Box 593330, Orlando, FL 32859-3330 3. Rick Gardner 309 S.W. 321st Street, Federal Way, WA 98023 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with Exhibits a. Sign Design Renderings b. Vicinity Map c. Building Elevations d. Comparison TabJe e. Pad/Site in Relation to Other BuiJdings (11 * 17) OLIVE GARDL~ RESTAURA.:'IT FILE #UPill-92-0003j FWHE #92-12 PAGE 2 III. fT',ì)INGS 1. The Olive Garden Italian Restaurant is proposing to establish a 9,100 square foot restaurant within the Campus Square Shopping Center located on l6th Avenue South, south of the intersection with South 348th Street. The site is south of a parking lot adjoining Popeye's Restaurant, is adjacent to the center of three shopping center accesses from 16th Avenue South, and is also adjacent to the l6th Avenue South right-of-way. 2. The applicant is requesting a variance to the Federal Way Zoni11g Code (FWZC) to increase the authorized signage for the restaurant. The applicant's original request was for approval of three wall mounted signs totalling 163 square feet. The sign facing west would consist of 91 square feet, while signs on the north and south walls of the building would contain 36 square feet each. 3. The property is zoned Community Business District (BC). FWZC 45.20 places restaurants in the BC zone in Sign Category E. Sign Category E determines maximum sign area allowed based upon the linear street frontage of the subject property. The Olive Garden Restaurant has 185 feet of linear street frontage. Chart 95-1 of the FWZC allows a base of 91 square feet of sign area for said amount of linear frontage in the BC zone. However, because the applicant is not requesting freestanding signs, a multiplier of 1.25 may be added which brings the total allowed sign area to 114 square feet. 4. The applicant's originiil request was for a variance of 49 square feet to allow a total of 163 square feet of signage. At the hearing the applicant modified the sign sizes by reducing the west facing sign to 75 square feet, and the north and south facing signs to 32 square feet. This reduction in signage lessens the variance request to 25 square feet. 5. The applicant justifies the variance request by stating that it is important for the restaurant to be visible from South 348l!¡ Street, and that the restaurant does not have adequate visibility from l6th Avenue South due to the l5-foot topographic difference between the restaurant's location and the road grade. Furthermore, since a substantial percentage of Olive Garden customers are impulse diners, and since South 348th Street is the busiest street in the area, motorists travelling said street must be able to see the restaurant in order to recognize the logo and make a decision as to whether to visit the premises. In addition, the restaurant is lOl feet in length and the sign is unreasonably small for the size of the building. 0 LIVE GARDEN RES T A URANT FILE #UPill-92-0003; F\VHE #92-12 PAGE 3 6. A view of the site reveals that whi1e the restaurant Jocation is substantially above the grade of l6th Avenue South, it wjJI have more than adequate visibility. Sixteenth Avenue South descends from South 348th Street to its Jowest level at approximately the center entrance to the Campus Square Shopping Center. It then begins an ascent which continues to the bridge across Interstate-5. \Vhile the restaurant will be above grade at the entrance to the shopping center, it is at approximately the same grade as the intersection of l6th Avenue South and South 348th Street, and will be on grade with traffic approaching from the south as well. The visibility of the restaurant from South 348th Street is severely limited by the Jocation of Shari's Restaurant at the intersection of 16th Avenue South and South 348th Street, and Popeye's Restaurant located south of Shari's Restaurant. Both of these restaurants are within the Campus Square Shopping Center. In addition, both of these restaurants have signs which comply with the Federal Way Zoning Code. Popeye's Restaurant is located on a lower grade than Shari's Restaurant, and is virtually hidden from the South 348th116th Avenue South intersection. Popeye's roof sign facing north is severely impacted by Shari's Restaurant. 7. The Eagle Hardware and Garden building on the west side of 16th Avenue South recently received a recommendation of denial for a variance to the sign code for increased signage. 8. Federal Way Zoning Code 95.70 sets forth exceptions to the sign code for necessary identification in limited and unusual circumstances. It is incumbent upon the applicant to meet each of the criteria established within FWZC 95.70 in order to qualify for a variance. IV. CONCLUSIONS 1. Federal Way Zoning Code 95.70 contains within it a policy statement which provides for variances to the sign code only under circumstances where compliance with the sign code would do irreparable and unreasonable harm to a business or use. 2. Federal Way Zoning Code 95.70(4) provides the criteria for approving a variance to the sign code. Said section provides that the City may approve a request under this section only if it finds that: a. The proliferation of pre-existing signs in the area of the subject property which do not conform to this Chapter is such that signs consistent with this Chapter wouId not be reasonably visib]e to potentiaI-patrons or users, considering 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. OLIVE GARDEN RESTAUR>\'¡'T FILE #UPill-92-0003; FWHE #92-12 PAGE 4 3. The applicant was unable to identify any signs in the area which do not comply with the requirements of FWZC 95.70(4)(a). The Examiner's site visit and the staff testimony confirm that there is not a proliferation of pre-existing signs in the area of the subject property which do not conform to the zoning code. There are few pre-existing signs that do not meet current regulations. A restaurant immediately adjacent to 16th Avenue South is reasonably visible to potential patrons or users. Traffic volume on l6th Avenue South is approximately 21,000 average daily trips, and the restaurant is located immediately adjacent to a vehicular shopping center access. Therefore, the Hearing Exarni11er is unable to make a finding or a conclusion that the applicant's variance request meets the criteria contained in FWZC. 95.70(4)(a). 4. The variance request likewise does not meet the criteria contained in FWZC 95.70(4)(b),(c). The two restaurants located within the shopping center have both complied with LJ,e Federal Way Sign Code requirements. Their signs appear effective and adequate. Furthermore, as previously stated, the Olive Garden Restaurant site is directly adjacent to a primary entrance to the shopping center, and fronts 16th Avenue South, a heavily-travelled, major arterial. 5. The legislative body of the City has made a clear statement that sign variances should be allowed only under limited circumstances. It is not within the purview of the Hearing Examiner to deviate from the City Council's directive. The applicant's remedy is to request the City Council to either amend the variance requirements of the sign code, or to increase the authorized signage allowed in Category E. V. RECOJ\1:\fEy.,ì)ATION It is hereby recommended that the City Council deny the request for a variance to erect signs in excess of the square footage permitted in a BC zone. DATED THlS 27TH DAY OF OCTOBER, 1992. STEPHEN K. CAUSSEAUX, Hearing E OLIVE GARDL~ RESTA{JRA¡~T FILE #UPill-92-0003j FWHE #92-12 PAGE 5 VI. RIGHTS TO RECONSIDERATION AND CHALLENGE Any person who has a right to challenge a recommendation under the Federal Way Zoning Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Planning Department within seven (7) calendar days after the date of issuance of the Hearing Exarni11er's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal Way Zoning Code. Within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner shall notify the persons who have a right to appeal under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of the reconsid~raíion will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Exarni11er may be challenged by any person who is to receive a copy of that recommendation pursuant to FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the Planning Department within fourteen (14) calendar days after the issuance of the Hearing Exarni11er's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the decision of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual fmdings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of appeal, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation.