HomeMy WebLinkAboutReg 2006-03-20 COMPLETE AGENDA PACKET \is4 ,wq'•., Tukwila City Council Agenda
r ks,
;o: 2''; •REGULAR MEETING
f Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez
c N 0 Rhonda Berry, City Administrator Pam Carter Jim Haggerton
1908 Dennis Robertson, Council President Pamela Linder Verna Griffin
00
EXECUTIVE SESSION: 6:r 00 sue (tentative);
pursuant to F CE L go," g)
N
Monday, March 20, 2006; 7:00 PM Ord 2115 Res #1603
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL a. Community Pride Award; presented to citizens Ainsley and Joyce Dixon.
PRESENTATIONS b. Recognition of Vern Meryhew's service as Planning Commissioner;
presented by Steve Lancaster, DCD Director.
3. APPOINTMENTS a. Community Oriented Policing Citizens' Advisory Board:
Victoria Lindsey, Pos. #2; term expires 3/31/10 (appointment).
Jeri Frangello- Anderson, Pos. #4; term expires 3/31/10
(reappointment).
Donna West, Pos. #6; term expires 3/31/10 (reappointment).
Dan Roche, Pos. #8; term expires 3/31/10 (reappointment).
b. Parks Commission:
Alice Russell, Pos. #2; term expires 3/31/09 (reappointment).
Scott Kruize, Pos. #4; term expires 3/31/09 (reappointment).
c. Planning Commission:
Margaret Bratcher, Pos. #2; term expires 3/31/10 (reappointment).
George Malina, Pos. #5; teen expires 3/31/10 (reappointment).
4., CITIZEN At this time, you are invited to comment on items not included on this
COMMENT agenda. To comment on an item listed on this agenda, please save your
comments until the issue is presented for discussion.
5. CONSENT a. Approval of Minutes: 3/6/06 Regular.
AGENDA b. Approval of Vouchers.
6. BID AWARD Award a contract to R. L. Alia Company in the amount of $6,982,432.00 for
Allentown /Foster Point Water, Sewer and Surface Water Improvement
Project, Phase II.
7. PUBLIC Amendments to the Zoning Code in the following areas:
HEARINGS Rezone procedures
Zoning Code interpretation procedures and fees
Design review approval standard
City Council involvement in quasi judicial matters
8. UNFINISHED a. An ordinance amending Ordinance No. 2101 regarding vacation of
BUSINESS South 124th Street.
b. Zoning Code amendment ordinances (four) (see Item 7. above).
c. A resolution adopting a land use fee schedule.
d. An ordinance regarding appeal fees.
e. An ordinance regarding administration of the City's Plumbing Code.
Tukwila City Council Agenda
REGULAR MEETING
March 20, 2006
Page 2
9. NEW BUSINESS
10. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
11. MISCELLANEOUS
12. EXECUTIVE SESSION
13. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice
to the City Clerk's Office 206 433 1800/TDD 206 248 2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
J ��I� vys y rrntrals ITEM NO.
0
14 .19 S Mottng Date Prepared by Mayor's reuew
1 Counal reue
a: 419/ o 03/20/06 I so I I
r
x 90 8 I I I I d
ITEM INFORMATION
CAS NUMBER 06-031 I ORIGINAL AGENDA DATE: MARCH 20, 2006
AGENDA ITEMTITLE Appointments to Community Police Advisory Board, Parks Commission, Planning
Commission
CATEGORY Discussion Motion Resolution Oidinanxe BtdAyard Public1-10..,uc Other
Mtg Date Mtg Date MtgDate Mtg Date Mtg Date MtgDate Mtgjate 0 6
SPONSOR Coia -d Mayor AdmSza DCD Frre Legal P& R Mix PW
SPONSOR'S Community Police Advisory Board: #2, Victoria Lindsey; #4, Jeri Frangello- Anderson; #6,
SUMMARY Donna West; #8, Dan Roche all terms to expire 3/31/2010.
Parks Commission: #2, Alice Russell; #4, Scott Kruize both terms to expire 3/31/2009.
Planning Commission: #2, Margaret Bratcher; #5, George Malina both terms to expire
3/31/2010.
REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm Planning Comm.
DAIS;:
RE COMMENDATIONS:
SPONSOR/ADMIN. Confirm appointments.
COMMITTEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source
Comments
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
3/20/06
MTG. DATE ATTACHMENTS
3/20/06 Memo from Mayor to Council dated February 28, 2006
Memo from Mayor to Council dated March 7, 2006
City of Tukwila
6200 Southcenter Boulevard · Tukvvila} Washington 98188
Steven M. Mullet} Mayor
To'
From:
Re:
CIty CouncIl
Mayor Mullet ~VWv\.
Appointment/Reappointments to Community Pollee AdvISOry Board and Parks
CommIssion
February 28, 2006
Date:
Community Police Advisory Board' I am pleased to forward to you the applIcatIOn ofVictona
Lindsey, who would like to serve on the Board. FIllIng the currently unexpIred term of POSItIon
#2 (a busIness position), her appointment would expIre on March 31, 2010. (The current term
expIres 3/31/06 - I am recommendIng her appointment to the term Immediately folloWIng at this
time, also).
Ms. Lindsey has attended Board meetIngs and has been recommended by the Board for thIS
positIOn.
Also, len Frangello-Anderson (PosItion #4), Donna West (PositIon #,) and Dan Roche (PosItIOn
#8) all have terms expiring March 31, 2006. They would lIke to be reappoInted, with new terms
expinng March 31,2010.
Parks Commission: Allee Russell (PosItion #2) and Scott Kruize (PosItion #4) both have terms
expinng March 31, 2006. Both would like to be reappoInted, wIth new terms expinng March 31,
2009.
Unless I hear otherwise from members of the CouncIl by March 9, I will be askIng that these
appoIntments be confirmed at the Regular CIty CouncIl meetmg on Monday, March 20, 2006.
Thank you.
Iso
encl.
cf: DavId Haynes
Bruce Fletcher
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us
"'t;..;I '" "',.' vv""
.
Type or print clc:nrly I\IId return cQmpleted form to' Office of the Mayor; 6200 Southcenter Blvd; Tukwil!l W A 98]88
I wish to be con:lidered fOT appointment to thc follO\ving board or commission;
o ArtS Commission 0 Lodging Ta.'tAdvlSOry Committee
o Equity and DivcfSlty Comm19sion 0 Human $elvices Board
o Civi! Service Commi~sion 0 Li\,1raJy Advisory Board
M' Commw1ity.Orlented Potici
Name:
Please check all thllt apply to you within the Tukwila City Jimits:
o School District Representative ~usincss OwncrlManager
Available to atrend meetings: ~v~gS Ud"Da.ytime (.so~ J
Present cmploycr/o cupiltion (if retire lease indicate former ation):
u.,r
HObbieslintereStS:_W tU kii1 ~ I
o Park Commission
o Planning Commission
o Sister City Committee
o Other
~:~~o~
Email: I
o Resident ' ..
o High School Student
~ignattlTe:
Date:
!Vote: Upon submissioN, all i"formation on this form becomes pl/blic recard. For further clarification regardin.g tltis
applicarion 07 more informano" regurding the board::.' ar commusiolls, please call che Mayor'... office at 2{)6-433.1850.
APfllicadon for Appoinonent 6/20/03
City of Tukwila
6200 South center Boulevard · TukwilaJ Washington 98188
Steven M. Mullet, Mayor
To:
From
Re:
Date.
City Council
Mayor Mullet ~vWV'-
Reappointments to Plannll1g Commission
March 7, 2006
We currently have three terms about to expire on the Planning Commission.
Margaret Bratcher (PosItion #2) and George Malina (PosItIOn #5) would both lIke to be
reappointed. Their new temlS would expire March 31, 2010
Vem Meryhew (Position #1) has decIded not to seek reappointment. He has served fmthfully on
the Planning Commission for the past twelve years, and we will miss hIS hard work on this
Commission. \Ve are currently interviewing candidates for PosItIOn #1, and will forward you a
name as soon as possible In the meantime, we would like to have the reappointments confirmed
In order for the Board to continue it's work.
Unless I hear otherwise from members of the Council by March 14, I will be asking that these
reappointments be confirmed at the Regular CIty Council meeting on Monday, March 20,2006.
Thank you.
Iso
encl.
cf: Steve Lancaster
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.cUukwila.wa.us
COUNCIL AGENDA SYNOPSIS
9` Initiak ITEM No.
sor 12-
1� fe' Meeting Date Prepared by j Mayor'r review J ,Council review
;4141,. 10 3/20/06 MC (L' ill 1 t A
1908 I I I
ITEM INFORMATION
CAS NUMBER: 06-032 I ORIGINAL AGENDA DATE: MARCH 20, 2006
AGENDA ITEM TITLE Bid Award for the Allentown /Foster Point Water, Sewer and Surface Water
Improvement Project Phase II.
CATEGORY Dzrcussion Motion P esolutzon Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 3/20/06 Mtg Date Mtg Date
SPONSOR Council Mayor El Adm Svcs DCD Finance Fire Legal P &R Police PIXY 1
SPONSOR'S The project was advertised on January 27 and February 3, 2006 and five bids were
SUN IARY received and opened on March 1, 2006. The low bid for the base bid Schedule A was
$6,982,432.00 from R.L. Alia Company. Additive Alternate Schedule C bid at $304,640.00
is over budget and will not be awarded. References indicate that R.L. Alia Company has
performed well on similar type projects and successfully completed Allentown Phase I.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utiltttes Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 3/07/06
RECOMMENDATIONS:
SPoNsoR /ADMIN. Award contract to R.L. Alia Company.
COMMITTEE Forward to Regular with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$6,982,432.00 $7,834,000.00
Fund Source: 401.02 Water, 402.02 Sewer and 412.02 Surface Water (pages 77, 113, and 141, 2006 CIP)
Comments: The amount budgeted is the total construction budget from the three CIP pages.
MTG. DATE I RECORD OF COUNCIL ACTION
3/20/06 I
1
MTG. DATE I ATTACHMENTS
3/20/06 1 Information Memo dated March 1, 2006
1 Bid Tabulation
Utilities Committee Meeting Minutes from March 7, 2006
1
l
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public W orks Directo~
March 1, 2006
Allentown/Foster Point Water and Sewer Improvements
Project No. Ol-SW02
BID AWARD
ISSUE
Award the bid for the Allentown/Foster Point Water and Sewer Improvements project.
BACKGROUND
In the year 2000, the City of Tukwila began design of sanitary sewers for the Allentown/Foster
Point neighborhoods of Tukwila. The anticipated funding source was to be City monies and a
low interest loan from the Washington State Public Works Trust Fund Board. The loan of
$5,700,000.00 was secured in the spring of 2004.
The project was bid in 2004 and 2005. Both times the bids came in over budget. The City
Council increased the budget in 2006 to include additional funding from the issuance of
Revenue Bonds. The project was placed out to bid again in January 2006 with construction
slated to begin in the spring of 2006 with completion in early 2007.
The contract document does not include sidewalks for Foster Point. The original plan
documents included sidewalks for Foster Point, but they were removed as a cost savings to the
project. The sidewalks can be added into the project by change order for the estimated cost of
$165,726.00. Since the Foster Point neighborhood has been extremely vocal on this issue,
staff will seek additional input from the residents and will return to Council. (Note: A
sidewalk along the east side of 42nd Ave S is included in the contract scope.)
The project is listed on separate pages in the 2006 CIP (pages 77, 113, and 141). Five (5) bids
were opened on March 1, 2006. The Engineer's Estimate was $5,522,660.80. R. L. Alia
Company of Renton, Washington, submitted the low bid of $6,982,432.00 for the Base Bid
Schedule A. All bids included state sales tax, and bonding and insurance where required.
Additive Alternative Schedule C was $304,640.00 for water main improvements and bringing
the sewer to the base of Poverty Hill and is not recommended at this time due to budget
limitations .
City staff has checked references for R. L. Alia Company for similar sized projects and found
the fIrm has done satisfactory work for other local agencies.
Mayor Mullet
Page 2
March 1, 2006
BUDGET AND BID SUMMARY
Base Bid Schedule A
Sales Tax (8 8%)
Bid Total
Contingency (10%)
Total Project Cost
Bid Results
$6,539,000 00
443.432.00
$6,982,432 00
653.900.00
$7.636 332.00
Schedule C - Poverty Hill $ 280,000.00
Sales Tax (8.8%) 24.640.00
Bid Total $ 304,640 00
Contingency (10%) 28.000.00
Total $ 332 640.00
Enaineer's Estimate
$5,075,975 00
446.685.80
$5,522,660 80
Budaet
$7,834,000 00
$5.522.660.80
$7.834.000.00
Not to be awarded.
Foster Point sidewalks on one side (estimate only)
Sidewalk (56th & 133rd)
Curb and Gutter (entire)
Sub Total
Sales Tax (8.8%)
Contingency 10%
Total
RECOMMENDATION
$ 52,500 00
87.000.00
$ 139,500 00
12,276 00
13.950.00
$ 165.72600
To be presented to residents at Open House
and returned to Council with decision
for a potential change order to construct.
Award the bid for the Allentown/Foster Point Water and Sewer Improvements project to R. L.
Alia Company of Renton in the amount of $6,982,432.00 for Base Bid Schedule A only.
MC:lw
attachment: Bid Tabulation
(P,Proj<<15\A. sw Projeots\OlSW02UNFO MEMO Bid Awani)
CITY OF TUKWILA
. rovements
Allentown
/Foster Point Water and Sewer Im
Project No. 01 -SW02
SCHEDULE A - BASE BID
BID TABULATION
Bid Opening Date: V/06
Bid Opening Time: •0:00 a.m.
Schedule A - Subtotal
8,8% State Sales Tax (except on Roadway Items
TOTAL PROJECT COST Schedule A Oft
$5,075,975.00
446,685,80
$5,522,660.80
$7,050,001.00
528,000.00
$7,578,001.00
$7,321,000.00
270,000.00
$7,591,000.00
$7,678,83000
431,821.28
$8,110,65128
N SHEETS AND ITEMS MARKED
"NOT IN CONTRACT (N.I.C.)"
SCI InfrastructuN, LLC
SCHEDULE C - ADDITIVE ALTERNATE: PLp` uwT
...,,r oRCE AMOUNT
S stems esa
ADDITIVE ALTERNATE - Trench Safe
Schedule C - Subtotal
6.8% State Sales Tax (except on Roadway Items)
SCHEDULE C - TOTAL COST
$220,001.00
10,560.00
• `,:'`$230,561'.00
* addition error corrected REAM
Ir:ProMa•'M SW PRRIR •
Utilities Committee
March 7, 2006
Present:
Jim Haggerton, Chair; Pam Linder, Verna Griffm
Jim Morrow, Frank Iriarte, Bob Giberson, Gail Labanara, Mike Cusick,
Chuck Parrish, Todd Heistlman
~
A. Allentown/Foster Point Water and Sewer Improvements Bid Award The low bid came within
budget using the $5.7 million PW Trust Fund loan and $3.3 million in revenue bonds to be paid back
by the enterprise funds. After construction is final and costs are fixed, the bonds will be issued. The
debt service and connection charges have been factored into the CIP Attachments D, E} and F. An
Open House will be scheduled once the contractor's schedule has been set, hopefully in May. The
Poverty Hill improvements, at the bas,e of the hill, will not to be awarded since the added cost would
put the project over budget. The Foster Point sidewalks on one side are within the budget and the
Committee would like the sidewalks installed, because this might be the only chance to economically
put sidewalks in that area. Jim M would like to take the sidewalk issue back to the citizens at the Open
House for discussion and let the community decide which side and the parking restrictions. The City
does not have a preference, but will check with the Post Office to see ifthey would prefer one side for
the mailboxes. All of the utility poles have been relocated on both sides of the roads, so either side
could have a sidewalk at this time.
Also need Council direction on connection charges currently established at $15,000, payment plans
and interest rates on those payment plans, and if the interest rate should include the true cost of the
revenue bonds. Committee requested information on what the connection charge would be if the
citizens had to pay for It all instead of capped at $15,000. Pam L was concerned that if we subsidize
this neighborhood, then we will have to do it citywide and we still have 5 unsewered areas. Also
requested what other cities are charging for sewer connections and if they have mandatory sewer
hookups upon completion of construction. The committee requests seeing an updated flyer before the
Open House.
Discussed the King County Metro Capacity Charge and how it currently falls on the new owner. Jim
M would like the builders to have to pay the capacIty charge up front upon building completIOn,
however KC wants the payment plans and the interest charges. Jim H asked what the liability would
be if no one hooked up and if we could pay for it. Attachment E has a conservative amount of only 25
hookups a year factored in. We still do not have some people hooked up in Phase I (1997 completion)
so the Council may want to consider putting a 10-year deadline to hook up to the sewer system for
Phase II. Unanimous recommendation to send base bid of $6.982.432 to Re1!ular meetin1! for
approval and recommend to Council to construct sidewalks on one side of Foster Point. (COW
cancelled on 3/13/06.)
B. 2006-2007 Construction Mana1!ement Services Since we have 20 proj ects over the next 2 years for
over $16 million dollars, Bob advertised for consultant management firms. Weare now required to
advertise and interview consultants due to new federal regulations. The top 5 have been selected for
blanket agreements with two agreements a piece, one for federally-funded projects (like Southcenter
Pkwy) and one for City-funded projects, for a total of 10 agreements. Examples of the two blanket
agreements will be presented to Council on 3/27 for the authorization to have the Mayor sign all 10
agreements. When contracted for a specific project, a supplement to the base contract will be brought
back to Council for approval on the project and costs. Unanimous a1!reement to send
recommendation for construction mana1!ement contracts to COW and Re1!ular meetin1! for
approval.
C:\Documents and Settings\Gail\My Documents\WINWORD\UC Minutes 3-07-06.doc
Page 1 of 2
Go UNCIL AGENDA SYNOPSIS
‘14�
'9 r y 5 Lnttals ITEi1�
INo.
o;
-.t P G7 I lleeten, Date 1 Prepared by Mayor's recreie' ounaJ {ezaew
a 11/14/05 PB
02/27/06 SL -7
I 03/20/06
1
ITEM INFORMATION
CAS NUMBER. ( 05-143 ) 06-021 I ORIGINAL AGENDA DAIh. NOVEMBER 14, 2005
AGENDAITEMTITLE Zoning Code Amendments including Administrative Appeals Process
CAI LGORY Discussion Motion Resolution Ordinance [113u 1 Award Public Hearing Other
AN Date 11/14/05 Altg Date Mtg Date Mtg Date 2/27/06 t Itg Date Mtg Date 3/20/06 AItg Date
SPONSOR Council Mayor Atli?' Svcs DCD Finance Fire Legal Pe R Police Plh
SPONSOR'S A group of four proposed amendments to the Zoning Code changing rezone procedures,
SUMMARY code interpretation procedures, the design review approval standard and hearing bodies
for certain adminstrative appeals.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utihues Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/11/05, 2/14/06 (CAP) 11/14/05, 2/27/06 (COW) 1/26/06 (PC)
RECOMMENDATIONS:
SPONSOR /ADMIN
COMaII I IEE Send to COW for discussion
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
-0- -0- -0-
Fund Source:
Comments
MTG. DATE 1 RECORD OF COUNCIL ACTION
11/14/05 I Send to the Planning Commission for a hearing and recommendation
2/27/06 Hold a public hearing and place the ordinances on the agenda for adoption
3/20/06
I I
MTG. DATE ATTACHMENTS
3/20/06 Staff Memo dated 3/14/06
Existing Chapter 18.84
Draft Ordinances
2/27/06 Memorandum to CA &P Cmte. dated 2/8/06
Draft Ordinances
CAP Minutes 2/14/06
PC Minutes 1/26/06
IVIEMORANDUM
TO:
Mayor Mullet
CIty Council Members ~
Steve Lancaster, DCD DIrecto~
Zoning Code Amendments
FROM:
RE:
DATE: March 14,2006
BACKGROUND
Staff has grouped four proposed amendments to the Zoning Code together for consideration.
The City Attorney has recommended changes in the following areas:
A. Rezone procedures;
B. Code interpretatIOn procedures and fee;
C. DesIgn review approval standard; and
D. CIty CouncIl involvement III quasi-judicIal matters.
Staff presented these issues wIth various options to the CommunIty AffaIrs and Parks (CAP)
Committee on October 11,2005. The Committee dIscussed each Item and chose to forward the
first three to the Planning CommIssIon for a heanng and recommendatIOn. The fourth item,
Council involvement in quasi-judicial matters was forwarded to the COW for addItIOnal
dIscussIOn on November 14,2005. The COW modified several of the proposed appeal body
changes and sent the revised ordinance on to the PlannIng Commission.
The PlannIng CommissIOn held a heanng on the four items on January 26th. The PC
recommendatIOn was presented to the CAP CommIttee on February 14,2006 and COW on
February 27,2006.
DISCUSSION OF PROPOSED CHANGES
Each proposed change IS dIscussed below
A. Rezones
The proposed changes would replace the existing Chapter 18 84 and add addItIOnal cntena and
procedural clarity for rezone applicatIons, see attached for eXIstmg code language. The attached
ordmance reflects the Plannmg CommIssIon and CouncIl recommendatIOns.
NG
Q \CODEAivlND\2006Amend3-20.DOC
Page I
03,15;2006 8 42:00 Aivl
B. Code Interpretations
The changes would clanfy that interpretatIOns may be requested (for a fee) by any person and
that the DIrector's decISIon would be gIven substantIal weIght in an appeal The attached
ordInance reflects the Planning CommIssIOn and CouncIl recommendatIOns. See 2/27/06 COW
packet for strikeout/underlIne verSIOn.
C. Design Review Approval Standard
This would change the approval standard at TMC 18.60.030 (B) from "clear demonstratIOn of
compliance" to "preponderance of e,vidence." This was an issue wIth a recent appeal of a desIgn
review declSlon and should help create more defensible decisIOns. The attached ordInance
reflects the Planning CommIssion and CouncIl recommendations. See 2/27/06 COW packet for
strikeout/underline version.
D. City Council Review of Quasi-Judicial lVIatters
The City CouncIl has recently heard several quasI-judicial matters and CouncIl members
requested that the CIty Attorney review their Involvement In land use decIsIOns. Many cItIes
have moved to a system where many land use decIsIOns and most land use appeals are heard by a
hearing examiner rather than the City CouncIl.
The COW recommendation was to change the folloWIng Items from City CouncIl to HearIng
Examiner review:
Type 2
Appeal of a parking standard detennination for a use not specIfied by code
Appeal of a special pennission parkIng determInatIOn/modIficatIOn
Type 4
Appeal of a decision about modIfications to certaIn parkIng standards
Appeal of a umque sign declSlon
Appeal of a vanance from parking standards greater than 10%
Type 5
Shoreline environment redesignatIOn
The COW recommended that appeals of decIsions about exceptions from the newly enacted
single-famIly design standards should be heard by the CIty CouncIl rather than the Planning
Commission. They also proposed that subdIvIsIOn prelImInary plat approvals be decided by the
Planning Commission as a Type 4 pennlt rather than by the CouncIl as a Type 5 permIt.
The PlannIng CommIssion concurred with the COW recommendatIOn, wIth the folloWIng
modificatIOns.
1. That "Umque SIgn" decIsIOns (TMC 19.28.010) be made by the CIty CouncIl rather than
the Heanng ExamIner.
NG
Q'\CODEAivIND\2006Amend3-20 DOC
Page 2
G3/15i2006 8 -+2:00 A;",!
2 That "Shorelme EnvIronment RedesIgnatIOns" (Shorelme Master Program) be decIded by
the City Council rather than the Hearing Exammer.
As dIscussed at the February 27,2006 COW meeting the Plannmg CommIssIOn dId not consIder
the issue of delegating prelimmary plat approvals to the Planmng Commission, due to a staff
mIsunderstandmg concernmg statutory reqUIrements for such decIsIOns. The COW asked staff to
mfonnally poll Plannmg CommIssion members on this matter, WhICh has been done. All
members contacted support delegatIon of prehminary plat declSlons to the Planning
CommissIOn.
The following charts and the attach~d ordinance reflect the Planning CommissIOn's
recommendations. .
NG
Q'\CODEAivIND\2006Amend3-20 DOC
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03'15i2006 8.41:00 Mvl
TYPE 2 DECISIONS
INITIAL APPEAL BODY
TYPE OF PERlVIIT DECISION MAKER (open record appeal)
Administrative Design Review Commumty Board of
(TMC 18.60.030) Development Director Architectural
Review
Admmistrative Planned Residential Short Plat Committee Hearing ExamIner
Development
(TMC 17.08.010 1846.110) \
Binding Site Improvement Plan Short Plat Committee Heanng ExamIner
(TMC Chap.17.l6)
Code Interpretation Community Heanng ExamIner
(TMC 18.90.010) Development Director
Decision regardIng Sensitive Areas Community Planmng
(except Reasonable Use ExceptIOn) Development Director CommiSSion
(TMC 18.45)
Exception from Single-Family Community City CouncIl
Design Standard (TMC 18.50.050) Development Director Planning
CommIssIOn
ParkIng standard for use not specified Commumty City Council
(TMC 18.56.100) Development Director HearIng- ExamIner
Placement of Cargo Container Commumty Heanng Examiner
(TMC 18.50.060) Develpment Director
Shoreline SubstantIal Development Community State Shorelines
Pennit Development Director Heanngs Board
(TMC Chapter 18.44)
Short Plat Short Plat Committee HearIng ExamIner
(TMC 17.12)
Sign Area Increase Community PlannIng
(TMC 19.32.140) Development Director Commission
Sign Pennlt Denial Community Planning
(TMC Chapter 19.12) Development Director Commission
Special Pennission Parking, and Commumty City Council
ModificatIOns to CertaIn Parking Development Director Heanng ExamIner
Standards (TMC 1856.065 & .070)
Special PermissIOn Sign, except Community PlannIng
"unique sIgn" (vanous sectIOns of Development DIrector CommIssIOn
TMC Title 19)
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TYPE 4 DECISIONS
INITIAL
TYPE OF PERMIT DECISION APPEAL BODY
MAKER (closed record appeal)
Conditional Use Permit Planning CIty CouncIl
(TMC Chapter 18.64) CommissIOn
ModIficatIOns to Certain Parking Planmng CIty Council
Standards (TMC Chapter 18.56) Commission Heanng Exammer
PublIc Hearing DesIgn Review (TMC Board of City Council
Chapter 18.60, 18.56.010 and Shoreline Archi tectural
, c ) Review
Reasonable Use Exceptions under Planning City Council
SensItive Areas Ordinance Commission
(TMC 18.45.180)
Shorelme ConditIOnal Use Permit Plannmg State Shorelmes
(TMC 18.44.050) CommIssion Heanngs Board
Subdivision - PrelIminary Plat (TMC Planning City CouncIl
17.14.020) Commission
Unique SIgnS Plannmg CIty Council
(TMC 19.28.010) Commission TT T"'
Vanance from Parking Standards Over Planning City Council
10% (TMC 18.56.140) CommIssion HearinQ: Exammer
TYPE 5 DECISIONS
TYPE OF PERlVIIT DECISION MAKER
Planned Residential Development (PRD), including Major CIty CouncIl
Modifications (TMC Chapter 18.46)
Rezone (TMC Chapter 18.84) CIty Council
SensItIve Area Master Plan Overlay (TMC 18.45 160) City Council
Shorelme Environment RedesIgnatIOn CIty CouncIl HCJ.ring
(Shoreline Master Program) E)(J.mincr
SubdIvIsion - Final Plat (TMC 17 14.030) CIty CouncIl
SubdIvlSlon Preliminary Plat (TMC 17.11.020) r: r :1
'-~, y
UnclassIfied Use (TMC Chapter 18.66) City Council
REQUESTED ACTION
Hold a publIc hearing and adopt the corrected ordmances.
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18.80.050 Council Consideration
A The City Council shall consider each reyuest
for an amendment to either the comprehensive plan or
development regulations at a public meeting at which
the applicant will be allowed to make a presentation
Any person submitting a written comment on the
proposed change shall also be allowed an opportunity
to make a responsive oral presentation Such oppor-
tunities for oral presentation shall be subject to reason-
able time limitations established by the Council
B The Council will consider the following in
deciding what action to take regarding any proposed
amendment
1 Is the issue already adequat.ely addressed
in the Comprehensive Plan? \
2. If the issue is not addressed in the
Comprehensive Plan, is there a public need for the
proposed change?
3. Is the proposed change the best means for
meeting the identified public need?
4. Will the proposed change result in a net
benefit to the community?
C Following Council consideration as provided
by TMC 18 80.050A and 1880 050B. the City Council
shall take action as follows:
1 refer the proposed amendment to the
Planning Commission for further review and a
recommendation to the City Council.
2. defer further Council consideration for one
or more years to allow the City further time to evalu-
ate the application of the existing plan or regulations, or
3. reject the proposed amendment.
fOrd. 185651, 1998; OId. 1770555, 1996.
OId. 1758 51 (part). 1995)
18.80.060 Council Decision
Following receipt of the Planning Commission's
recommendation on a proposed amendment referred
to the Commission, the City Council shall hold a
public hearing on the proposal. for which public notice
has been provided as required under the Public Notice
of Hearing chapter of this title Following the public
hearing, the City Council may'
1 adopt the amendment as proposed,
2. modify and adopt the proposed amendment. or
3. reject the proposed amendment.
(Ord. 1856 52, 1998. Ord. 1758 51 (part). 1995)
TITLE 18 - ZONING
Chapter 18.84
REQUESTS FOR CHANGES IN ZONING
Sections:
18.84.010 Submission to City Council
1884.030 Criteria for Granti~g Zoning tv!ap
Reclassifications
18.84.010 Submission to City Council
Any request for a change in zoning of any district
or area, or of any boundary lines thereof as shown on
the zoning maps shall be submitted to the
Department. Said requests shall be made on such
formal application forms as specified by the Department
and filed with the Department, which shall transmit a
copy to the City Clerk All applications shall be
accompanied by a filing fee as required in the
Application Fees chapter of this title All applications for
a change of zoning or of any boundary lines shall be a
Type 5 decision and shall be processed pursuant to
TMC 18 108.050
fOrd. 1770556. 1996. Ord. 175851(part}. 1995)
18.84.030 Criteria for Granting Zoning Map
Reclassifications
The City Council shall be guided by the following
criteria in granting reclassification requests to the zoning
map of this title (Figure 18-] 0)
1 The use or change in zoning requested
shall be in conformity with the adopted Comprehen-
sive Land Use Policy Plan. the provisions of this title.
and the public interest,
2. The use or change in zoning requested in
the zoning map or this title for the establishment of
commercial. industrial. or residential use shall be
supported by an architectural site plan showing the
proposed development and its relationship to
surrounding areas as set forth in the application form,
fOrd. 1770 558. 1996, Ord. 1758 51 (part). 1995)
Printed February 2005
Page 18-133
------
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TMC CHAPTER 18.84, ESTABLISHING
NEW REGULATIONS REGARDING REQUESTS FOR CHANGES IN
ZONING; REPEALING ORDINANCE NOS. 1758 ~1 (PART) AND 1770 ~56
AND ~58; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE. \
WHEREAS, the City of Tukwila desires to establish more specific criteria for
evaluation and granting of rezone applications, consistent with State law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations Amended. TMC 18.84, Requests for Changes in Zoning, is
hereby amended to read as follows:
18.84.010 Application Submittal
Application for rezone of property shall be submitted to the Department of
Community Development. The application shall be a Type 5 decision processed in
accordance with the provisions of TMC 18.108.050
18.84.020 Criteria
Each determination granting a rezone shall be supported by written findings and
conclusions, showing specifically that all of the following conditions exist:
1. The proposed amendment to the Zoning Map is consistent with the goals,
objectives, and policies of the Comprehensive Plan,
2. The proposed amendment to the Zoning Map is consistent with the scope and
purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone
classification applied for;
3. There are changed conditions since the previous zoning became effective to
warrant the proposed amendment to the Zoning Map, and
4. The proposed amendment to the Zoning Map will be in the interest of
furtherance of the public health, safety, comfort, convenience and general welfare, and
will not adversely affect the surrounding neighborhood, nor be injurious to other
properties in the vicinity in which the subject property is located.
18.84.030 Conditions on Rezone Approvals
The City Council shall have the authority to impose conditions and safeguards as it
deems necessary to protect or enhance the health, safety and welfare of the surrounding
area, and to ensure that the rezone fully meets the findings set forth in TMC 18.84.020
18.84.040 Ordinance Required
Action under TMC Chapter 18.84, which amends the official Zoning Map, shall
require the adoption of an ordinance by the City Council pursuant to the Tukwila
Municipal Code and State law
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Section 2. Repealer. Ordinance Nos. 1758 gl (part), and 1770 g56 and g58, as
codified at TMC 18.84, are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of ,2006.
A ITEST / AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
Passed by the City Council:
Published.
Effective Date:
Ordinance Number:
APPROVED AS TO FORM BY
Office of the City Attorney
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1758 ~1 (PART), AS
CODIFIED AT TMC 18.96.020, REGARDING ZONING INTERPRETATION
REGULATIONS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that Zoning Code interpretations shall
be made by the DCD Director; and
WHEREAS, the City has determined that there is an expense associated with a
Zoning Code interpretation made by the Director, which should be borne by the party
requesting the interpretation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations Amended. Ordinance No. 1758 ~1 (part), as codified at TMC
18.96.020 (Interpretations), is hereby amended to read as follows:
18.96.020 Interpretations
An interpretation of this title by the Director or the Director's delegate may be
requested in writing by any person or may be initiated by the Director A decision by the
Director that an issue is not subject to an interpretation request shall be final and not
subject to administrative appeal. Any request for interpretation shall be a Type 2 Decision
filed with the Director, accompanied by a fee according to the most recently adopted
Land Use Fee Schedule. The interpretation of the Director shall be given substantial
weight, and the burden of establishing the contrary shall be upon the appellant.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA WASHINGTON,
at a Regular Meeting thereof this day of , 2006
ATIEST/ AUTHENTICATED'
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY.
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number:
Office of the City Attorney
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1758 ~1 (PART), 1865 ~50,
AND 2005 ~17, AS CODIFIED AT TUKWILA MUNICIPAL CODE 18.60.030,
RELATING TO THE REVIEW STANDARD OF THE BOARD OF
ARCHITECTURAL REVIEW AND DCD DIRECTOR TO APPROVE, APPROVE
WITH CONDmONS, OR DENY PLANS SUBMITTED; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tukwila has determined that the Board
of Architectural Review ("BAR") and the Department of Community Development
Director shall have the authority to approve, approve with conditions, or deny plans
submitted based on a demonstration of compliance with all of the guidelines of Tukwila
Municipal Code Chapter 18.60, based on the preponderance of the evidence standard,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations Amended. Ordinance Nos. 1758 91 (part), 1865 950, and
2005917, as codified at Tukwila Municipal Code 18.60 030, are hereby amended to read
as follows:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review shall be the
same as those stated for the Planning Commission in the bylaws of the Tukwila
Planning Commission.
B. The DCD Director will review projects meeting the thresholds for
administrative design review The BAR will review all other projects requiring design
review approval. The Board and the DCD Director shall have the authority to approve,
approve with conditions, or deny all plans submitted based on a demonstration of
compliance with all of the guidelines of this chapter, as judged by the preponderance of
evidence standard.
C. Design review is required for the following described land use actions:
1 All developments will be subject to design review with the following
exceptions:
a. Developments exempted in the various districts,
b. Developments in LI, HI, MICjL, MICjH and TVS Districts, except
when within 300 feet of residential districts or within 200 feet of the GreenjDuwamish
River or that require a shoreline permit;
2. Any exterior repair, reconstruction, cosmetic alterations or improvements,
if the cost of that work equals or exceeds 10% of the building's assessed valuation (for
costs between 10% and 25%, the changes will be reviewed administratively),
a. for sites whose gross building square footage exceeds 10,000 square
feet in MUO, 0, RCC, NCC, RC, RCM, TUC and CjU zoning districts; and
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b. for any site in the NCC, MUO or RC zoning districts in the Tukwila
International Boulevard corridor (see TMC Figure 18-9).
3 Development applications using the procedures of 18.60.60, Commercial
Redevelopment Area.
D. For development in the NCC, RC, and MUO zones within the Tukwila
International Boulevard corridor, identified in TMC Figure 18-9, certain landscaping
and setback standards may be waived and conditioned, upon approval of plans by the
BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard
Design Manual, as amended. Landscaping and setback standards may not be waived on
commercial property sides adjacent to residential districts.
E. No changes shall be made to approved designs without further BAR or
Director approval and consideration of the change in the context of the entire project;
except that the Director is at+thorized to approve minor, insignificant modifications
which have no impact on the project design.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2006.
ATIESTj AUTHENTICATED'
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORi\1 BY.
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number:
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TMC 18.104.010 AND 18.108.040, TO
CHANGE THE APPEAL BODIES FOR CERTAIN LAND USE DECISIONS;
REPEALING ORDINAN~E NOS. 1768 ~3 (PART), 1796 ~3 (PART), 1841 ~2,
1857 ~7, 2005 ~20, 2066 ~2, 2097 ~22, AND 2098 ~4; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to remove itself from certain quasi-judicial
appeals; and
WHEREAS, the City Council desires that the Planning Commission be the hearing
body for preliminary plats; and
WHEREAS, the City Council desires to be the appeal body for exceptions from the
single-family design standards,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 18.104.010, Amended. Tukwila Municipal Code Section 18.104.010,
Classification of Project Permit Applications, is hereby amended to read as follows:
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five different types are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and/ or a public hearing is required
before a decision is made, and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical expertise
as designated by ordinance. Type 1 decisions may be appealed to the Hearing
Examiner who will hold a closed-record appeal hearing based on the information
presented to the City administrator who made the decision. Public notice is not
required for Type 1 decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
TYPE OF PERMIT DECISION MAKER
Any land use permit or approval issued by the City, unless As specified by
specifically categorized as a Type 2, 3, 4, or 5 decision by this ordinance
Chapter
Boundary Line Adjustment, including Lot Consolidation Community
Development Director
Development Permit Building Official
Minor modification to BAR approved design Community
(TMC 18.60.030) Development Director
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TYPE 1 DECISIONS (Continued)
TYPE OF PERMIT
Minor Modification to PRD (TMC 18.46.130)
DECISION MAKER
Community
Develo ment Director
Community
Development Director
Sign Permit, except for those sign permits specifically
requiring approval of the Planning Commission, or denials of
si ermits, that are a ealable
Tree Permit (TMC 18.54)
Community
Develo ment Director
C. Type 2 decisions are decisions that are initially made by the Director or, in
certain cases, other City Administrators or Committees, but that are subject to an open
record appeal to the Hearing Examiner, Planning Commission, City Council, or in the
case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to
RCW 90.58.
TYPE 2 DECISIONS
TYPE OF PERMIT INmAL APPEAL BODY
DECISION MAKER (open record appeal)
Administrative Design Review Community Board of
(TMC 18.60.030) Development Director Archi tectural
Review
Administrative Planned Residential Short Plat Committee Hearing Examiner
Development (TMC 18.46.110)
Binding Site Improvement Plan Short Plat Committee Hearing Examiner
(TMC Chapter 17.16)
Code Interpretation (TMC 18.90.010) Community Hearing Examiner
Development Director
Decision regarding Sensitive Areas Community Planning
(except Reasonable Use Exception) Development Director Commission
(TMC Chapter 18.45)
Exception from Single-Family Design Community City Council
Standard (TMC 18.50.050) Development Director
Parking standard for use not specified Community Hearing Examiner
(TMC 18.56.100) Development Director
Placement of Cargo Container Community Hearing Examiner
(TMC 18.50.060) Development Director
Shoreline Substantial Development Community State Shorelines
Permit (TMC Chapter 18.44) Development Director Hearings Board
Short Plat (TMC Chapter 17.12) Short Plat Committee Hearing Examiner
Sign Area Increase (TMC 19.32.140) Community Planning
Development Director Commission
Sign Permit Denial (TMC Chapter 19.12) Community Planning
Development Director Commission
Special Permission Parking, and Community Hearing Examiner
Modifications to Certain Parking Development Director
Standards (TMC 18.56.065 & .070)
Special Permission Sign, except "unique Community Planning
sign" (various sections of TMC Title 19) Development Director Commission
D. Type 3 decisions are quasi-judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior
Court, except for shoreline variances that may be appealed to the State Shorelines
Hearings Board pursuant to RCW 90.58.
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TYPE 3 DECISIONS
TYPE OF PERMIT
DECISION
MAKER
Hearin Examiner
Hearin Examiner
Resolve uncertain zone district boundar
Variance (zorun ,shoreline, sidewalk, land alteration, si
E. Type 4 decisions are quasi-judicial decisions made by the Board of Architectural
Review or the Planning Commission, following an open record hearing. Type 4
decisions may be appealed to the Hearing Examiner or the City Council, based on the
record established by the Board of Architectural Review or Planning Commission,
except Shoreline Conditional Use Permits, that are appealable to the State Shorelines
Hearings Board pursuant to RCW 90.58.
TYPE 4 DECISIONS
INITIAL APPEAL BODY
TYPE OF PERMIT DECISION (closed record
MAKER appeal)
Conditional Use Permit Planning Commission City Council
(TMC Chapter 18.64)
Modifications to Certain Parking Planning Commission Hearing Examiner
Standards (TMC Chapter 18.56)
Public Hearing Design Review Board of Architectural City Council
(TMC Chapter 18.60) Review
Reasonable Use Exceptions under Planning Commission City Council
Sensitive Areas Ordinance
(TMC 18.45.180)
Shoreline Conditional Use Permit Planning Commission State Shorelines
(TMC 18.44.050) Hearings Board
Subdivision - Preliminary Plat Planning Commission City Council
(TMC 17.14.020)
Unique Signs (TMC 19.28.010) Planning Commission City Council
Variance from Parking Standards Over Planning Commission Hearing Examiner
10% (TMC 18.56.140)
F Type 5 decisions are quasi-judicial decisions made by the Hearing Examiner or
City Council following an open record hearing. Type 5 decisions may be appealed only
to Superior Court.
TYPE 5 DECISIONS
TYPE OF PERMIT
DECISION
MAKER
City Council
Planned Residential Development (PRD), including Major
Modifications (TMC Cha ter 18.46)
Rezone (TMC Cha ter 18.84)
Sensitive Area Master Plan Overla (TMC 18.45.160)
Shoreline Environment Redesi ation (Shoreline Master Pro
Subdivision - Final Plat (TMC 17.14.030)
Unclassified Use (TMC Cha ter 18.66)
Council
Council
Council
Council
Council
Section 2. Ordinance 1768 S3 (part), as codified at TMC 18.108.040, is hereby
amended to read as follows:
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18.108.040 Type 4 Decision Process
A. The Board of Architectural Review or Planning Commission shall make Type 4
Decisions, as appropriate, following an open record public hearing.
B. Type 4 decisions by the Board of Architectural Review or Planning
Commission, except shoreline conditional use permits, shall be final unless an appeal is
filed to the City Council or Hearing Examiner pursuant to TMC Chapter 18 116.
C. Following a public hearing on a Type 4 decision, the Board of Architectural
Review or Planning Commission shall render a written decision, including findings of
fact and conclusions, and the Deparhnent shall promptly issue a Notice of Decision
pursuant to TMC 18.104.170.
D All appeals of Type 4 decisions shall be filed with the Deparhnent within the
time limits specified in TMC 18.116.010, except Shoreline Conditional Use Permits, that
shall be appealable only to the State Shorelines Hearings Board pursuant to RCW 90.58.
The Deparhnent shall coordinate scheduling of any City appeal hearing with the City
Council.
E. All appeals of Type 4 decisions, except Shoreline Conditional Use Permits, shall
be closed-record appeals, and processed pursuant to the time limits for such appeals
specified in TMC 18.104.130.
F. Following a closed-record appeal hearing on a Type 4 decision, the City
Council or Hearing Examiner shall render a written decision, including findings of fact
and conclusions, and the Deparhnent shall promptly issue a Revised Notice of Decision
pursuant to TMC 18.104.170.
G. The decision of the City Council or Hearing Examiner regarding a Type 4
decision shall be final and shall be appealable only to Superior Court pursuant to RCW
36.70C.
Section 3. Repealer. Ordinance Nos. 1768 g3 (part), 1796 g3 (part), 1841 g2, 1857 g7,
2005 g20, 2066 g2, 2097 g22, and 2098 g4 are hereby repealed.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of . 2006.
ATIEST / AUTHENTICATED'
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number'
Office of the City Attorney
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D~~~ A ~t A
COUNCIL AGENDA SYNOPSIS
0, s Initzals ITEM NO.
sO? i2
y 4 G) Meetzn Date 1 Prepared by 1 Mayor's review 1 ,6puncil review
+.ir�` 3/20/06 1 MC 1 (M)
I 1 1 a
rsoa 1 1 1
1 I 1 1
ITEM INFORMATION
CAS NUMBER: 06-033 I ORIGINAL AGENDA DA IE: MARCH 20, 2006
AGENDA ITEM TITLE Amend Ordinance No. 2101 to revise the compensation on the Street Vacation of
South 124 Street, west of East Marginal Way South.
CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 3/20/06 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S Council approved Ordinance No. 2101 on September 19, 2005 for the street vacation of
SUMMARY South 124 St with the square footage of 41,319 sf and compensation of $430,000. Sabey
notified the City that some of the square footage had been donated to the City in 2001 and
should not be included for compensation. The Ordinance needs to be amended to reflect
the corrected compensation of $360,206.50.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utiltttes Cmte Arts Comm. El Parks Comm. El Planning Comm.
DAl'E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Amend ordinance to correct compensation.
Cowan
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments.
MTG. DATE 1 RECORD OF COUNCIL ACTION
3/20/06
MTG. DATE 1 ATTACHMENTS
3/20/06 1 Information Memo dated March 13, 2006
1 Ordinance
1
1
INFORMATION l\tIEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public W orks Directo~
March 13, 2006
Vacation of South 124th Street, west of East Marginal Way South
The Sabey Corporation
BACKGROUND
On September 19, 2005, the City Council of Tukwila passed Ordinance #2101 vacating South
124th Street west of East Marginal Way South.
Section 1.A. of the ordinance described the property to be vacated as "approximately 41,319
square feet of South 124th Street, running westerly from East Marginal Way South .... ",
Additionally, Section 1., B.(l) conditioned the vacation upon satisfaction, by October 1, 2007
of the following: "Provision of compensation for $430,000.00".
On the afternoon of September 19, 2005, the Sabey Corporation notified Public Works that a
portion of the subject property was donated to the City in 2001 as part of the twin Group
Health buildings improvements to S. 124th Street. This donation should not have been figured
into the final compensation calculations for the current street vacation.
RCW 35.79.030 allows that if property is donated to the City for 25 years or more, the
petitioner must compensate the City for that land. The Sabey Corporation does not have to
compensate the City of Tukwila for the 5 feet of South 124th Street that was donated in 2001.
Therefore, the amount of compensation to the City by the Sabey Corporation should be
reduced to $360,206.50. The street vacation square footage remains the same at 41,319 square
feet since that amount of square footage is being vacated.
RECOMMENDATION
Council amend Ordinance #2101 to reflect the changes in compensation of the street vacation.
MC:lw
(p:Laurie Admin\Mikelmemo 031306sm Vacation of 5 124 51)
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2101 ~1, WHICH
VACATED CERTAIN PROPERTY LOCATED WITHIN THE CITY,
DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS A
PORTION OF SOUTH 124TH STREET, RUNNING WESTERLY FROM
EAST MARGINAL WAY SOUTH TO PREVIOUSLY VACATED 35TH
AVENUE SOUTH; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2101, passed by the City Council on September 19,
2005, vacated South 124th Street west of East Marginal Way South, and
WHEREAS, Ordinance No. 2101 showed the amount of property being vacated as
47,341 square feet, with a compensation value of $430,000.00; and
WHEREAS, it was subsequently discovered that a portion of that property was
previously donated in 2001 and should not have been figured into the square footage
calculations; and
WHEREAS, before recording, the amount being paid to finalize the street vacation
process should be adjusted to reflect the lesser property area,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 2101 91 is hereby amended to read as follows:
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated.
Approximately 41,319 square feet of South 124th Street, running westerly from
East Marginal Way South to previously vacated 35th Avenue South.
B This vacation is conditioned upon satisfaction, by October I, 2007, of the
following:
1. Provision of compensation for $360,206.50; and
2. Either easement will be granted or the individual utilities relocated at the
petitioner's expense.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of .2006.
ATTEST/ AUTHENTICATED'
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number'
APPROVED AS TO FORM BY.
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COUNCIL AGENDA SYNOPSIS
Intttal_r ITE1VI No.
p y
1,,�• lleetmx Date 1 Prepared by Mayors review 1 _'oanciJrevtew 1
/i f o 11/14/05 PB 1()%) 1
02/27/06 SL 1 1
rsoa 03/20/06 S r►`/ I 1
v
ITEM INFORMATION
CAS NUMBER: ( 05-143 ) 06-021 I ORIGINAL AGENDA DATE: NOVEMBER 14, 2005
AGENDA ITEM TITLE Zoning Code Amendments including Administrative Appeals Process
CATEGORY Dtscussron AVIotzon Resolution Ordinance Bid Award Public Hearin g Other
3 -20 -06
Mtg Date 11/14/05 Mtg Date Mtg Date Mtg Date Alts Date Alts Date 3/20/06 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ J
SPONSOR'S A group of four proposed amendments to the Zoning Code changing rezone procedures,
SUMMARY code interpretation procedures, the design review approval standard and hearing bodies
for certain adminstrative appeals.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'L'E: 10/11/05, 2/14/06 (CAP) 11/14/05, 2/27/06 (COW) 1/26/06 (PC)
RECOMMENDATIONS:
SPONSOR/ADMIN.
ConmirrEE Send to COW for discussion
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
-0- -0- -0-
Fund Source:
Comments
MTG. DATE RECORD OF COUNCIL ACTION
11/14/05 Send to the Planning Commission for a hearing and recommendation
2/27/06 Hold a public hearing and place the ordinances on the agenda for adoption
I 3/20/06
I
MTG. DATE ATTACHMENTS
3/20/06 Staff Memo dated 3/14/06
Existing Chapter 18.84 5e- k' LA- \o
Draft Ordinances —J
2/27/06 Memorandum to CA &P Cmte. dated 2/8/06
Draft Ordinances
CAP Minutes 2/14/06
PC Minutes 1/26/06
COUNCIL AGENDA SYNOPSIS
we e W; Inettals ITE'iVI NO.
i
lot: t Aleetu,� Date Prepared by Mayor's Irmo Connctl rerteta•
to, 02/27/06 SL
rig 03/20/06 1 SL/� 1
rs 1 1 1
ITEM INFORMATION
CAS NUMBER. 06-023 I ORIGINAL AGENDA DATE.. 2/27/06
AGENDA ITEM TITLE Land Use Permit Fee Schedule
CATEGORY Discussion Motion Resolutton Ordinance Btd Award Public Heanng Other
Altg Date 2/27/06 tlltg Date Altg Date 3/20/06 Altg Date Altg Date lltg Date Mtg Dale
ISPONSOR Counczl 1llayor Adm Svcs DCD Finance Fire Legal P &R Police PIi%
SPONSOR'S The Council last adopted a Land Use Permit Fee Schedule in 2002. Staff has since identified
SUMMARY some additional items that should be added to the list and is recommending that the fees
be updated to reflect increased City costs.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utihnes Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/14/06, 2/27/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve the schedule
COALIII'1 Approve the schedule
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
-0- -0- -0-
Fund Source.
Comments The proposed fees reflect increased City costs as reflected in overall budget growth.
MTG. DATE RECORD OF COUNCIL ACTION
2/27/06 Forward to 3/20/06 meeting for adoption
MTG. DATE ATTACHMENTS
3/20/06 Fee Schedule Resolution
2/27/06 Staff Memo dated 2/21/06
2/14/06 CAP Minutes
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City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING A LAND
USE FEE SCHEDULE.
\
WHEREAS, Tukwila's land use fees have remained unchanged since 2002; and
WHEREAS, the fees have not kept pace with increased City expenses to process
permits and provide services; and
WHEREAS, the City intends to update these fees on an annual basis with any
increases tied to growth in City expenses; and
WHEREAS, the City intends to periodically review the fees in comparison to those
charged by neighboring jurisdictions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Land use permit and processing fees will be charged according to the following
schedule:
Type 1 A
Type 2
All other
LDR Zones
$100 $200
$285 $510
$85 $170
$115 $115
$55 $55
$25 $25
$455 $455
$570 $570
$100 $200
$100 $200
$1,135 $1,135
$100 $100
$225 $340
$225 NA
ment Permit $2,270 $2,270
$570 $1,135
$1,135 $1,135
$225 $340
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Cont'd
Type 2
Type 3
Type 4
TypeS
Other
All other
LDR Zones
Special Permission Landscape Requirement
Deviations (TMC 18.52.020)- $225 $340
Special Permission Parking and
Modifications to Certain Parking Standards
(TMC 18.56.065 & .070) $225 $340
Special Permission Sign and Sign Area
Increase, except "unique sign" (various
sections of TMC title 19) $225 $340
Variance $680 $1,135
Appeal of Type 4 Decision $100 $200
Conditional Use Permit $2,270 $2,270
Shoreline Conditional Use Permit $2,270 $2,270
Public Hearing Design Review $1,590 $1,590
Design Review Maior Modification $455 $455
Parking Variance, Modification or Waiver
(TMC 18.56.130, 140) $225 $340
Reasonable Use Exception (TMC 18 45 180) $680 $1,135
$3,375 + $3,375 +
Subdivision Preliminary Plat(10+ lots) $115 per $115 per
new unit new unit
Unique Sign Determination (TMC 19.28.010) $225 $340
Comprehensive Plan Amendment $1,135 $1,135
$2815 + $2815 +
$115 per $115 per
Planned Residential Development new unit new unit
Rezone (Map Change) or Zoning Code Text
Amendment $570 $570
$U35 + $1,135 +
Subdivision Final Plat (10+ lots) $60 per $60 per
new unit new unit
Sensitive Area Master Plan Overlay $1,135 $1,135
Shoreline Environment Redesignation $U35 $1,135
Unclassified Use Permit $2,270 $2,270
Accessory Dwelling Unit
Approval/Inspection $1002 NA
Pre-application Meeting $225 1 $225 1
Public Notice Mailing Labels $100 $100
SEP A Checklist $570 $570
SEP A EIS Administrative Fee $U35 $U35
SEP A MDNS Appeal $100 $200
SEP A Planned Action NA $285
Shoreline Permit Exemption Letter $0 $115
Zoning Verification Letter $0 $115
1 Pre-application fee credited toward applications submitted within
90 days.
2 Fee would be waived through 6/1/2007 and not charged for new
units created with a building permit because they would not require
any additional inspections.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of . 2006.
ATTEST/ AUTHENTICATED'
Dennis Robertson, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY.
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council.
Resolution Number'
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COUNCIL AGENDA SYNOPSIS
k J,�.t11LA 1'Y,9s Inztzn /s
ITE1INo.
1,-.4) 1 tlleetiig Date P,rpazed by 1 Mayor's /men, 4'onual'mew 1
%vie 02/27/06 1 SL I I r I
03/20/06 SL (G I 1 p t
X908
ITEM INFORMATION
CAS NUMBER: 06-022 I ORIGINAL AGENDA DATE. 2/27/06
AGENDA ITEM TITLE Appeal Fee Ordinance
CATEGORY Dtsctrsszotz it/lotion Resolution Ordinance Bu d Award Public Heating Other
Mtg Da
3 -20 -0
AN Date 2/27/06 Mtg
Date AN Date AN Date AN Date Alt; Date
SPONSOR Council illayor Ad>n Svcs DCD Finance Fizz Legal P&R Police Ply'
SPONSOR'S Currently the City pays for all administrative costs associated with appeals. The proposed
SUi\LMARY ordinance would allow the City to charge fees for appeals of business license denials, code
enforcement appeals and certain land use decisions.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Uti sties Cmte Arts Comm. Parks Comm. Planning Comm.
DATE. 2/14/06, 2/27/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve the ordinance
COMMlrrrEE Approve the ordinance as amended
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$-0- $-0- -0-
Fund Source:
Comments The proposed fees would offset a portion of the City's costs to conduct appeal hearings
1 MTG. DATE I RECORD OF COUNCIL ACTION
I 2/27/06 Place on the 3/6/06 agenda (subsequently delayed to 3/20/06 meeting)
I 3/20/06
MTG. DATE ATTACHMENTS
3/20/06 I Staff Memo dated 3/1/06
City Clerk's Memo regarding business license appeals
Proposed Ordinance
2/27/06 I Staff Memo dated 2/21/06
Proposed Ordinance
2/14/06 CAP Minutes
CITY OF TUK"VILA
MElVI ORAND UlVI
TO.
Mayor Mullet
Committee of the Whole
Steve Lancaster, DCD DIrecto~v-...-
March 1, 2006
Appeal Fees
FROM:
DATE:
RE:
Issue
Whether the City should adopt fee provisIOns for appeals of bus mess lIcense demals, code
enforcement appeals and certam land use declSlons.
Background
Tukwila Municipal Code provides that a party may appeal an administratIve decIsIon to either the
hearing examiner or the CIty. Currently the City pays for all admimstratIve costs associated with the
appeal including staff time, examiner fees and, when applIcable, the CIty'S legal representation.
Heanng examiner appeals cost approximately $500 dependmg on the complexity of the case. The
law allows cities to derray administrative costs by Imposing appeal fees.
These changes were reviewed by the Commumty Affairs and Parks Committee on February 14,
2006. The Committee asked for addItIOnal mformation about other cities' appeal fees and
proposed that for successful code enforcement appeals only the fee would be refunded to the
appellant. The COW revIewed the proposed ordmance on February 27,2006 and placed It on the
March 6, 2006 agenda for adoptIOn (this was later delayed to the March 20th meeting).
Discussion
Attached please find a proposed ordinance, whIch includes fee provisIOns for appeals of bus mess
lIcense denials, code enforcement actIOns and land use decIsions. The busmess lIcense appeal
fee is $250. This amount represents a portIOn of the City's admmIstratIve costs, as estImated by
the City Clerk. The code enforcement appeal fee is $100 in the LDR zone and $200 In all other
zones. The reason for the difference in amounts IS that generally more administrative costs are
involved in non-residentIal code enforcement actIOns. The land use appeal fees are specIfied In
the Department ofCommumty Development's Land Use Fee Schedule.
Number of appeals In 2005:
BusIness License'
Code Enforcement:
Land Use:
Zoning Code InterpretatIOn'
1
7 (1 settled prIor to hearIng)
1 settled prIor to hearIng
3 (1 wIthdrawn)
Q;\.CODEAMND\CA Zoning Changes\Appeal fees to CC.doc!r!03i1-!;06
Appeal fees charged by other south county jUrISdIctIOns:
Appeal Type Burien Kent Federal Renton SeaTac Average
Way
Appeal of
Administrative Decision $100 $200 $14850 $75 $100 $12470
Code
Enforcement/Building
Code Appeal $100 $10000
\
SEPA Appeals $200 $104 $75 $100 $11975
Short Plat Appeal $200 $200 00
Appeal Hearing
Cancellation Fee $10 $1000
Recommendation
Adoption of the ordinance.
-2-
Q.'CODEA\I:-iD\CA Zoning Chongcsl.-\ppeol fees to Cc.doc,r03'I-!.06
CITY OF TUKWILA
MEMORANDUM
TO:
Mayor Mullet
Ci ty Councilmembers
FROM:
Jane Cantu, City Clerk
DATE:
March 14, 2006
RE:
Appeal Fees
Issue:
Should the City adopt fee provisions for appeals of business license denials.
Background:
Each year approximately 2200 business licenses are issued to businesses located
within the corporate limits of the City. In addition to a general business license,
some businesses, such as adult entertainers, adult entertainer managers, adult
entertainment establishments, cabarets, tow trucks, amusement centers are also
required to obtain a specialty license. The fee for a general business license is
based upon the number of employees and ranges from $50 - $200. Fees for
specialty licenses vary and are based upon the nature of the business. All
licenses are issued based upon a calendar year and expire on December 3pt.
Discussion:
The proposed appeals fee ordinance includes fee provisions for appeals of
business license denials along with code enforcement actions and land use
decisions. The proposed business license appeal fee is $250 and is sought to
defray some of the administrative costs involved in an appeal procedure. Most
hearings involve the presence of the hearing officer, one or more staff persons,
the appellant and/or a representative(s). Copies of all city paperwork related to
the license denial and appeal is provided to those present. Appeal hearings may
last 30 minutes to several hours. For a typical appeal hearing regarding a
business license denial (1/2 to 1 hr.), the hearing officer fees alone average
Mayor Mullet
City Councilmembers
March 14, 2006
Page 2
approximately $200-$300. Staff time and city attorney time varies depending
upon the issue.
Zoning issues, failure to obtain proper permits, home occupation issues, failure
to disclose convictions, giving false information on the application form, are
examples of typical non-compliance issues that result in a license denial.
During 2005, we received four appeals; however, in three of the four cases, DCD
staff was able to help the appellant corne into compliance prior to the date of the
hearing.
Recommendation
Adoption of the ordinance.
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS SECTIONS OF THE TUKWILA
MUNICIPAL CODE REGARDING APPEAL FEES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City has determined that there is an administrative cost associated
with appeals; and
WHEREAS, the City has determined that the appealing party should pay this cost;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1788 81 (part), as codified at TMC 5.04.112, is hereby
amended to read as follows:
5.04.112 Appeal of Notice of Denial, Suspension or Revocation
A. Appeals from a Notice of Denial, Suspension or Revocation under this chapter
shall be conducted in the same manner as appeals from a "Notice and Order" under
Tukwila Municipal Code Chapter 8.45.
B. The appeal shall be filed with the City Clerk's Office along with an appeal fee of
$250.00.
Section 2. Ordinance No. 1838 82 (part), as codified at TMC 8.45.090, is hereby
amended to read as follows:
8.45.090 Appeal to Hearing Examiner
A. The person incurring the penalty described in a Notice of Violation issued by the
Code Enforcement Officer, pursuant to TMC 8 45.050C, may obtain an appeal of the
Notice by requesting such appeal within ten calendar days after receiving or otherwise
being served with the Notice pursuant to TMC 8.45.050. When the last day of the period
so computed is a Saturday or Sunday, or a Federal or City holiday, the period shall run
until 4.30 PM the next business day The request shall be in writing and include the
applicable appeal fee. Upon receipt of the appeal request, the Code Enforcement Office
shall schedule an appeal hearing before the Hearing Examiner. Notice of the hearing
shall be sent to the appellant and/or the person(s) named on the Notice of Violation
under the procedures described in TMC 8.45.050D, or as may be otherwise requested by
the appealing party
B. The appeal fee for a Notice of Violation in an LDR zone shall be $100.00, and in
all other zones shall be $200.00.
C. At or after the appeal hearing, the Hearing Examiner maY'
1. Sustain the Notice of Violation,
2. Withdraw the Notice of Violation,
3. Continue the review to a date certain for receipt of additional information, or
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4. Modify the Notice of Violation, which may include an extension of the
compliance date.
D The Hearing Examiner shall issue a written decision within 14 days of the date of
the completion of the review and shall cause the same to be sent to the person(s) named
on the Notice of Violation under the same procedures described in TMC 8.45.050D or as
otherwise directed by the appealing party
E. The decision of the Hearing Examiner shall be final and conclusive unless
appealed. In order to appeal the decision of the Hearing Examiner, a person with
standing to appeal must file a land use petition, as provided in RCW 36.70C, within 21
days of the issuance of the Hearing Examiner's decision. The cost for transcription of all
records ordered certified by the superior court for such review shall be borne by the
appellant.
Section 3. Ordinance Nos, 1758 91 (part), 1770 962, and 179693 (part), as codified at
TMC 18.90.010, are hereby amended to read as follows:
18.90.010 Appeals From Decisions or Interpretations of the Director
A. Any person aggrieved by any interpretation of this title by the Director may
appeal the Director's interpretation to the Hearing Examiner Any such appeal shall be a
Type 2 decision and shall be processed pursuant to TMC 18.108.020.
B. At the time the appeal is filed, the appealing party shall pay an appeal fee
pursuant to the fee schedule.
Section 4. Ordinance Nos. 1768 95 (part) and 1847 94, as codified at TMC 18.116.010,
are hereby amended to read as follows:
18.116.010 Time for Filing Appeal
A. Except for shoreline permits that are appealable to the State Shorelines Hearings
Board, all notice of appeal of Type 2 land use decisions and Type 4 decisions made by the
Board of Architectural Review or Planning Commission shall be filed within 14 calendar
days from the date of issuance of the Notice of Decision; provided that the appeal period
shall be extended for an additional seven calendar days if the project involves anyone or
more of the following situations:
1. There is another agency with jurisdiction as defined in WAC 197-11-714(3).
2. The project involves the demolition of any structure or facility that is not
categorically exempt under WAC 197-11-800(2)(f) or 197-11-880.
3. The project involves a clearing or grading permit not categorically exempt
under WAC 197-11 - 800 through 197-11-880.
4. A Mitigated Determination of Nonsignificance was issued for the project
pursuant to WAC 197-11-350.
5. A Declaration of Significance for the project has been withdrawn pursuant to
WAC 197-11-360(4) and replaced by a Declaration of Nonsignificance.
B. All notices of appeal shall be submitted along with an appeal fee pursuant to the
fee schedule.
C. Any appeal from a code interpretation issued by the Director shall be filed within
14 days of the date of issuance of a final code interpretation by the Director
D All notices of appeal of Type 1 decisions issued by City administrators shall be
filed within 14 days of the date of the issuance of a final decision of a City administrator
E. Except as specifically provided in this chapter, no administrative appeals are
permitted or required for Type I, 2, 3, 4, or 5 land use decisions.
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Section 5. Ordinance Nos. 1331 825, 1344 811 and 1770 885, as codified at TMC
21.04.280 are hereby amended to read as follows:
21.04.280 Appeals
A. In the event that the Department issues a Mitigated Determination of Non-
Significance (MDNS), any party of record may file an appeal challenging either the
conditions, which were imposed, or the failure of the Department to impose additional
conditions. No other adrrllnistrative SEP A appeal shall be allowed.
B. At the time the appeal is filed, the appealing party shall pay an appeal fee
pursuant to the fee schedule.
C. All appeals filed pursuant to this section must be filed in writing with the
Department within 14 calendar days of the date of the decision appealed from.
D. All appeals pursuant tb this section shall be consolidated with the public hearing
on the merits of a Type 3, 4 or 5 decision. In the event that an appeal related to a Type 2
decision is filed pursuant to this section, such appeal shall be consolidated with an appeal
on the merits of the application. No appeals pursuant to this section shall be permitted
for proposals which involve only Type 1 decisions.
E. The substantive and procedural determination by the City's responsible official
shall carry substantial weight in any appeal proceeding.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Effective Date. This orcUnance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of . 2006.
ATTEST/AUTHENTICATED'
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY.
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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COUNCIL AGENDA SYNOPSIS
k r J w1 L ztttnl
t ITEM No.
._0 ON A 19 Jleetzz Date Prepaird by, Mayor's zrmew 1 Council review
02/27/06 I RSB .Y� I AAPr U
a 03/20/06 I r 1 Mj
I
ITEM INFORMATION
6
1 CAS NUMBER. 06-024 I ORIGINAL AGENDA DATE. 2/27/06
AGENDA IIEIITITLE. Uniform Plumbing Code International Fuel Gas Code Enforcement
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 2/27/06 it ttg Date Mfg Date Mtg Date 3/20/0 .It Date Mfg Date Alt Date
SPONSOR Council Mgyor Adm Svcs DCD Finance Fire Legal Pe: R Police PW
SPONSOR'S Proposal to replace Public Health Seattle /King County as the authority having jurisdiction
SUMMARY for enforcement, permitting and inspections of plumbing and fuel gas installations within
the City of Tukwila.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utiltties Cmte Arts Comm. Parks Comm. Planning Comm.
DA'L'E. 1/10/06
RECOMMENDATIONS:
SPONSOR/ADMIN. Approve proposed ordinance
CoM\i n Forward to COW for approval
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: BUILDING DIVISION 2006 BUDGET
Comments
I MTG. DATE 1 RECORD OF COUNCIL ACTION
2/27/06 Discussed at COW; forwarded to Regular Meeting for final action.
MTG. DATE ATTACHMENTS
2/27/06 Memo to Committee of the Whole
Draft ammendments to T.M.C. Chapter 16.04
1/10/06 CAP Minutes
3/20/06 Ordinance in final form.
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TMC CHAPTER 16.04 REGARDING THE
CITY'S PLUMBING CODE ADMINISTRATION; ADOPTING THE
INTERNATIONAL FUJ?L GAS CODE; ADOPTING A SCHEDULE OF
PERMIT FEES RELATING TO THE PLUMBING CODE AND THE FUEL
GAS CODE; REPEALING ORDINANCE NOS. 1838 ~12, 1842 AND 2048;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to replace Public Health-Seattle/King County
as the authority having jurisdiction for enforcement, permitting and inspections of
plumbing and fuel gas installations within the City of Tukwila, and
WHEREAS, the City Council desires to establish the City of Tukwila Board of
Appeals as the authority to hear and rule on appeals to the Plumbing and Fuel Gas
Codes; and
WHEREAS, the City Council desires to amend certain provIsIons of the
administrative provisions of the Plumbing Code and Fuel Gas Code; and
WHEREAS, in order to properly serve its citizens it is necessary to adopt a
schedule of permit fees related to the Plumbing Code and the Fuel Gas Codes,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. TMC 16.04 Amended. Ordinance No. 2048, as codified at TMC 16.04, is
hereby amended to read as follows:
Sections:
16.04.010
16.04.020
16.04.030
16.04.040
16.04.050
16.04.060
16.04.070
16.04 080
16.04.090
16.04.100
16.04.110
16.04.120
16.04.130
16.04.140
CHAPTER 16.04
BUILDINGS AND CONSTRUCTION
Purpose of Chapter
Codes Adopted
Filing of Copies of State Building Codes
Compliance with Other Regulations as Prerequisite for Building Permits
Building Moving and Demolition Permits
Application for Relocation/Demolition Permit
Correction of Defects Before Issuance of Permit
Terms and Conditions of Issuance
Application Fee
Debris and Excavations
Expiration
Relocation Bond - Required
Relocation Bond - Conditions
Relocation Bond - Default in Performance of Conditions
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16.04.150
16.04.160
16.04.170
16.04.180
16.04.190
16.04.200
16.04.210
16.04.220
1604.230
16.04.240
16.04.250
16.04.010
Relocation Bond - Refund of Surplus on Termination
Washington State Energy Code Adopted
Additional Requirements for Security Devices
Definitions
Enforcement - Right of Entry
Adoption of County Ordinance 451
Adoption of County Health Regulations
Enforcement Officer Designated
Fee Payment
Abatement of Dangerous Buildings by City
Schedule of Permit Fees
Purpose of Chapter
TMC Chapter 16.04 is en,\cted for the purpose of adopting rules and regulations for
the protection of the health, 'safety and general welfare of the public governing the
creation, construction, enlargement, conversion, alteration, repair, occupancy, use,
height, court area, sanitation, ventilation and maintenance of all buildings and
structures within this jurisdiction.
16.04.020 Codes Adopted
Effective July 1, 2004, the following codes are adopted by reference as if fully set
forth:
1 The International Building Code 2003 Edition, and referenced standards hereto
as published by the International Code Council, Inc., and as adopted by the State of
Washington in WAC 51-50-003 The following Appendices are specifically adopted.
a. Appendix C, Agricultural Buildings.
b Appendix E, Supplementary Accessibility Requirements, Sections 101
through 106.
c. Appendix I, Patio Covers.
d. Section 101.2 of the International Building Code, 2003 Edition, is amended
to include Exception 3 Work performed by the City of Tukwila and located in City of
Tukwila right-of-way, work performed by Washington State Department of Transporta-
tion and located in WSDOT right-of-way to include public utility towers and poles,
mechanical equipment not specifically regulated in this code, and hydraulic flood
control structures. Structures or buildings that are intended to be used as any
occupancy classification of the State Building Code are not exempt.
e. Section 101.4.1 provisions of the ICC electrical code are not adopted.
f. Section 1134 is amended to include: "The violation of any provision, or
failure to comply with any of the requirements of this chapter, shall be subject to the
terms and conditions of TMC Chapter 8.45 "
2. The International Residential Code (for One-and Two Family Dwellings), 2003
Edition, published by the International Code Council, Inc., Chapters 25 through 42,
Plumbing and Electrical provisions of the IRC, are not adopted.
3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2003
Edition, published by the International Association of Plumbing and Mechanical
Officials, and as adopted by the State of Washington in Chapters 51-56 WAC.
Provided that Chapters 12, Fuel Piping, and Chapter 15, Fire Stop Protection of this
code are not adopted. Provided further, that those requirements of the Uniform
Plumbing Code relating to venting and combustion air of fuel fired appliances as found
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in Chapter 5 and those portions of the Code addressing building sewers are not
adopted. Provided further, that cross connection control related to the City public
water system shall be in accordance with the City of Tuhvila Public Works Department
"Development Guidelines and Design and Construction Standards," and shall be
permitted, inspected and approved by Tukwila Public Works Department.
a. The City of Tukwila shall have a Board of Appeals to hear and rule on
Plumbing Code appeals.
b The City of Tukwila hereby adopts the following amendments to the
Uniform Plumbing Code as adopted in TMC 16 04.020'
(1) All reference to and definition of "Authority Having Jurisdiction" is
deemed to refer to and shall mean the "Building Official"
(2) UPC SectioI). 103.4.5 1. The Building Official may authorize the
refunding of any fee paid hereunder which was erroneously paid or collected.
(3) UPC Section 103.4.5.2: The Building Official may authorize the refund
of not more than 80% of the permit fee when no work has been done under a permit
issued in accordance with this code.
(4) UPC Section 103 4.5.3 The Building Official may authorize the refund
of not more than 80% of the plan review fee paid, when an application for a permit for
which a plan review fee has been paid is withdrawn or canceled before any plan review
effort has been expended.
(5) Appendix D' Sizing storm water drainage systems, pertaining to roof
drainage.
(6) Appendix G. Grey water systems for single-family dwellings.
(7) Appendix H. Recommended procedures for design, construction, and
installation of commercial kitchen grease interceptors.
4. The International Mechanical Code, 2003 Edition, as published by the
International Code Council, Inc. Conference of Building Officials, and as adopted by the
State of Washington in Chapter 51-42 WAC.
5 The 2001 Washington State Energy Code (Chapter 51-11 WAC).
6 The Washington State Ventilation and Indoor Air Quality Code, 2003 Edition.
7 The International Fuel Gas Code, 2003 Edition, published by the International
Code Council, Inc. is hereby adopted, provided that the standards for liquefied
petroleum gas installations shall be the 2001 edition of NFP A 58 (Liquefied Petroleum
Gas Code) and the 2002 edition of ANSI Z2231jNFPA 54 (National Fuel Gas Code),
and, provided further that the following amendments shall apply'
a. All references to and definition of "Code Official" is hereby deemed to
refer to and shall mean the "Building Official."
b UPC Section 106.5.3, Fee Refunds. The Building Official may authorize the
refunding of fees as follows: The full amount of any fee paid which was erroneously
paid or collected. Not more than 80% of the permit fee paid when no work has been
done under a permit issued in accordance with this code. Not more than 80% of the
plan review fee paid when an application for a permit for which a plan review fee has
been paid is withdrawn or canceled before any plan review effort has been expended.
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16.04.030
Filing of Copies of State Building Codes
The City Clerk shall maintain on file not less than one copy of the codes referred to
in TMC 16.04.020 and 16.04.160, and the codes shall be open to public inspection.
16.04.040
Compliance with Other Regulations as Prerequisite for Building Permits
No building permit shall be issued if the construction authorized by the permit will
violate any existing applicable law or City ordinance.
16.04.050 Building Moving and Demolition Permits
A. No person shall move any existing building or structure within or into the City
without first obtaining a relocation permit and a building permit from the Building
Division. No person shall effect any demolition of any building or structure or any part
thereof that is not exempted by Section 105.2 of the International Building Code without
first obtaining from the Buildihg Division a demolition permit.
B. Except as otherwise provided in TMC 16.04.050, there shall not be issued a
relocation permit for any building or structure that is included within anyone or more
of the following categories:
1. So constructed or in such condition as to constitute a danger of injury or
death through collapse of the building, fire, defects, and electrical wiring or other
substantial hazard to the persons who occupy or enter said building after relocation,
2. Infested with rats or other vermin, or the wood members of which are
infested with rot, decay or insects;
3 So unsanitary or filthy that it would constitute a hazard to the health of the
persons who will occupy said building after relocation, or, if not intended for
occupancy by human beings, would make it unsuitable for its intended use;
4. In such condition or of a type, character, size or value, and is so
inharmonious with other buildings in the neighborhood of the relocation site that
placing the building at the proposed relocation site would substantially diminish the
value of other property or improvements in the district into which the building is to be
relocated,
5. The proposed use of the building is prohibited at the proposed relocation
site under any zoning ordinance or other land use ordinance of this City;
6. The building, structure or relocation site does not conform to all applicable
provisions of law or ordinance.
16.04.060
Application for RelocationfDemolition Permit
Every application for a relocation/ demolition permit shall be in writing upon a
form furnished by the Building Division, and shall set forth such information as may
reasonably be required in order to carry out the purposes of TMC Chapter 16 04. Such
information may include:
1. Pre-move inspection and investigation of the structure by the Building
Division,
2. Photographs of the building or structure to be moved and/ or demolished,
3. Report from a licensed pest control contractor stating the condition of the
building as to pest infestation,
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4. Report from a registered engineer or architect stating the structural
condition of the building, and clearly indicating the steps to be taken to
preserve/ enhance said condition.
16.04.070
Correction of Defects Before Issuance of Permit
A. If the building or structure to be moved fails to meet any of the standards set
forth in TMC 16.04.100, but it appears to the Building Official that the deficiencies can
be corrected, the permits shall be issued only on condition that all deficiencies are
corrected prior to the building being used or occupied.
B In order to determine any matter regarding relocation of a building or
structure, the Building Official may cause any investigation to be made which he
believes necessary
16.04.080 Terms and Conditions of Issuance
\
A. In granting a relocation permit, the Building Official may impose such terms
and conditions as are necessary, in the opinion of the Building Official, to ensure that its
relocation will not be materially detrimental or injurious to the public safety or welfare
or to the property or improvements in the district to which the building is to be moved,
including, but not limited to, changes, alterations, additions or repairs to the building or
structure.
B A separate foundation permit, good for 90 days, must be applied for, and
approved, prior to issuance of the relocation permit.
16.04.090
Application Fee
The fee for relocation investigation service shall be a $25 base fee, plus $15 for every
10 miles distance, or increment thereof, outside city limits. In the event a building
permit is issued for a relocated building, the fees for the building permit and plan
review shall be based upon the total value of the building or structure at its relocated
site, using the same valuation formula as used for new residential construction.
16.04.100
Debris and Excavations
A. It shall be the duty of any person to whom any permit is issued for the
demolition or removal of any building or any section or portion of any building
pursuant to the provisions of TMC Chapter 16.04, and of any person leasing, owning, or
occupying or controlling any lot or parcel of ground from which a building is removed
or demolished, to remove all demolition rubble and loose miscellaneous material from
such lot or parcel of ground, to properly cap the sanitary sewer connections, and to
properly fill or otherwise protect all basements, cellars, septic tanks, wells and other
excavations.
B An inspection after the work is completed will be required.
16.04.110
Expiration
A relocation permit shall expire and become null and void if the moving of the
building or structure onto a permanent foundation is not completed within 90 days
from the date of issuance of the permit.
16.04.120
Relocation Bond - Required
No relocation permit required by TMC Chapter 16 04 shall be issued by the
Building Division unless the applicant therefore first posts a bond, in a form approved
by the City Attorney, executed by the owner of the premises where the building or
structure is to be located as principal, and a surety company authorized to do business
in the State as surety The bond shall be in form joint and several, shall name the City
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as obligee, and shall be in an amount equal to the cost plus 10% of the work required to
be done in order to comply with all the conditions of such relocation permit as such cost
is established by the Building Official. In lieu of a surety bond, the applicant may post a
bond executed by the owner as principal and which is secured by a deposit in cash in
the amount specified above with a banking or escrow agent acceptable to the City, and
conditioned as required in the case of a surety bond, such a bond as so secured is
hereafter call a "cash bond" for the purposes of TMC 16.04.
16.04.130 Relocation Bond - Conditions
Every bond posted pursuant to TMC Chapter 16.04 shall be conditioned as follows:
1. That each and all of the terms and conditions of the relocation permit shall
be complied with to the satisfaction of the Building Official,
2. That all of the wprk required to be done pursuant to the conditions of the
relocation pennit shall be fully performed and completed within the time limit specified
in the relocation pennit; or, if no time limit is specified, within 90 days after the date
said building is moved to the new location. The time limit herein specified, or the time
limit specified in any pennit, may be extended for good and sufficient cause by the
Building Official. No such extension of time shall be valid unless written, and no such
extension shall release any surety upon any bond.
16.04.140 Relocation Bond - Default in Performance of Conditions
A. Whenever the Building Official finds that a default has occurred in the
performance of any term or condition of any pennit required by TMC 16 04.140, written
notice thereof shall be given to the principal and to the surety of the bond. Such notice
shall state the work to be done, the estimated cost thereof, and the period of time
deemed by the Building Official to be reasonably necessary for the completion of such
work. After receipt of such notice, the surety must, within the time therein specified,
either cause the required work to be performed or, failing therein, must pay over to the
City the full amount of the approved bond. Upon receipt of such funds, the Building
Official shall proceed by such mode as he deems convenient to cause the building or
structure to be demolished and to clear, clean and restore the site to a natural condition,
but no liability shall be incurred therein other than for the expenditure of the sum in
hand therefore.
B When any default has occurred on the part of the principal under the preceding
provisions, the surety shall have the option, in lieu of completing the work required, to
demolish the building or structure and to clear, clean and restore the site to a natural
condition.
16.04.150 Relocation Bond - Refund of Surplus on Termination
The term of each bond posted pursuant to TMC Chapter 16.04 shall begin upon the
date of the posting thereof, and shall end upon completion to the satisfaction of the
Building Official of the performance of all the terms and conditions of the relocation
permit required by this section and release of the bond by the Building Official. Such
completion and release shall be evidenced by a statement thereof signed by the Building
Official, a copy of which will be sent to the surety or principal upon request. When a
cash bond has been posted, the cash shall be returned to the depositor or his successors
or assignees upon the termination of the bond, except any portion thereof that may
have been used or deducted as provided elsewhere in TMC Chapter 16.04.
16.04.160 Washington State Energy Code Adopted
The Washington State Energy Code, Chapter 51-11 WAC, and all amendments
thereto, is hereby adopted by this reference as if fully set forth.
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16.04.170
Additional Requirements for Security Devices
The following requirements shall apply to all apartment houses, hotels, and motels,
provided that nothing in TMC Chapter 16.04 shall be construed to relieve any party
from compliance with the International Building Code and the International Fire Code.
1. Entrance doors to individual housing units shall be without glass openings
and shall be capable of resisting forcible entry equal to a wood, solid core door, 1-3/4
inches thick. TMC 16.04.170(1) shall apply in a structure constructed after the effective
date of the ordinance as codified in TMC Chapter 16.04 (6/24/98) Any door replaced
in existing structures must comply with TMC 16.04.170.
2. Every entrance door to an individual housing unit shall have a keyed,
single-cylinder, I-inch deadbolt lock. The lock shall be so constructed that the deadbolt
lock may be opened from inside without use of a key In hotels and motels every
entrance door to an individu~ unit shall also be provided with a chain door guard or
barrel bolt on the inside.
3 Housing unit to interior corridor doors shall have a visitor observation
port, which port shall not be in excess of 1/2-inch in diameter
4. In all apartment houses as defined in TMC 16.04.180, lock mechanisms and
keys shall be changed upon a change of tenancy
5 All exit doors shall be able to open from the interior without the use of a
key or any special knowledge or effort.
6. Deadbolts or other approved locking devices shall be provided on all
sliding patio doors which are less than one story above grade or are otherwise
accessible from the outside. The lock shall be installed so that the mounting screws for
the lock cases are inaccessible from the outside.
7 Subject to approval by the Chief of Police, locking devices may be
substituted for those required in TMC 16.04.170, provided such devices are of equal
capability to resist illegal entry, and further provided that the installation of the same
does not conflict with other requirements of this code and other ordinances regulating
safety for exit.
16.04.180
Definitions
For the purpose of TMC 16.04.170 through 16.04.190, the following definitions shall
applY'
1. "Apartment house" means any building, or portions thereof which
contains three or more dwelling units and, for the purpose of this code, includes
residential condominiums.
2. "Hotel" means any building containing six or more guest rooms intended
or designed to be used, or which are used, rented, or hired out to be occupied, or which
are occupied for sleeping purposes by guests.
3. "Motel" means hotel as defined in TMC 16 04.180-2.
16.04.190 Enforcement - Right of Entry
The Building Official is authorized and directed to enforce the provisions of TMC
16.04.170 through 16.04.190 for all new construction. The Chief of Police is authorized
and directed to enforce the provisions of TMC 16.04.170 through 16.04.190 for all
existing buildings or premises, and upon presentation of proper credentials, the Chief
of Police or his duly authorized representative may, with the consent of the occupant or
pursuant to a lawfully issued warrant, enter at reasonable times any building or
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premises for the purposes of inspecting the physical security of exterior accessible
openings of such building or premises.
16.04.200
Adoption of County Ordinance 451
King County Ordinance 451 entitled" An ordinance relating to and regulating the
design, construction, equipping, operation, maintenance of spray and wading pools,
public and semi-public swimming pools; requiring plans and permits establishing a
swimming pool advisory committee; defining offenses and providing penalties," one
copy of which is filed with the City Clerk for use and examination by the public, is
adopted by reference as an ordinance of the City of Tukwila.
16.04.210 Adoption of County Health Regulations
Seattle-King County Department of Public Health rules and regulations for
construction, maintenance an~ operation of swimming pools, one copy of which is filed
with the City Clerk for use and examination by the public, are adopted by reference as
Tukwila's rules and regulations.
16.04.220 Enforcement Officer Designated
The director of the Seattle-King County Department of Public Health or his
authorized representative is designated as the enforcement officer of TMC 16.04.200
through 16.04.230.
16.04.230 Fee Payment
Any fees to be paid under TMC 16.04.200 through 16.04.230 shall be collected by,
paid directly to, and retained by the Seattle-King County Public Health Department.
16.04.240
Abatement of Dangerous Buildings by City
A. The City Council may, upon approval and passage of an appropriate resolution
or ordinance, direct the Mayor or designated representative to abate a dangerous
building as determined by the provisions of TMC Chapter 16.04, and such dangerous
building may be abated by City personnel or by private contractor under the direction
and pursuant to the order of the Planning Director or designated representative.
B. The City Council shall appropriate sufficient funds to cover the cost of such
repair or demolition work. The costs incurred by the City in any such abatement
proceedings shall be recovered by special assessment against the real property involved
and shall constitute a lien as provided by law, and particular reference being made to
RCW 35.80.030.
C. Nothing in TMC 16 04.240 shall be construed to abrogate or impair the power
of the City or any department thereof to enforce any provision of its charter or its
ordinances or regulations, nor to prevent or punish violations thereof, and any powers
conferred by TMC 16.04.240 shall be in addition to and supplemental to powers
conferred by other laws; nor shall TMC 16.04.240 be construed to impair or limit in any
way the power of the City to define and declare nuisances and to cause their removal or
abatement by summary proceedings, or in any manner provided by law
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16.04.250 Schedule of Permit Fees
A. Building Permit Fee Schedule:
Total Valuation
, $1 to $500
$501 to $2,000
! $2,001 to $25,000
I $25,001 to $50,000
!
I $50,001 to $100,000
!
! $100,001 to $500,000
!
i $500,001 to $1,000,000
I
I
I $1,000,001 and up
Building- Permit Fees
i $29
I; $29 for the first $500, plus $3.78 for each additional $100, or
: fraction thereof, to and includin $2,000
$85.70 for the first $2,000, plus $17.36 for each additional
I $1,000, or fraction thereof, to and includin $25,000 ;
$484.98 for the first $25,000, plus $12.52 for each additional i
$1,000, or fraction thereof, to and including $50,000
I $79798 for the first $50,000, plus $8.68 for each additional!
I $1,000, or fraction thereof, to and including $100,000 i
! $1,231.98 for the first $100,000, plus $6.94 for each additional I
I $1,000, or fraction thereof to and including $500,000 !
I $4,00798 for the first $500,000, plus $5.89 for each additional I
$1,000, or fraction thereof, to and includin $1,000,000
. $6,952.98 for the first $1,000,000, plus $390 for each I
additional $1,000, or fraction thereof I
B Plan Review Fee: When submittal documents are required by IBC Section
106.1, or lRC Section R106.1, a plan review fee shall be paid at the time of submitting
plans and specifications for review The plan review fee shall be 65% of the permit fee
as set forth in the permit fee schedule. The plan review fee specified herein is a separate
fee from the permit fee and is in addition to the permit fee.
C. Other Fees:
1. Inspections outside normal business hours: $58 per hour (two-hour
minimum charge).
2. Re-inspection fee: $58 per hour, assessed upon call for third inspection of
same correction notice.
3 Inspections for which no fee is specifically indicated. $58 per hour (1/2-
hour minimum charge).
4. Additional plan review necessary due to additions or revisions to the
plans: $58 per hour
5 Work commencing before permit issuance shall be subject to an
investigation fee of 100% of the usual permit fee.
D Mechanical Permit Fee Schedule:
1. Permit Issuance - Issuance of each permit (base fee): $3000
2. The permit fees for mechanical work shall be as indicated in the following
schedule:
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Valuation of
Work (Total
Contract Amount)
$250 or less
$251 to $500
$501 to $1,000
$1,001 to $5,000
$5,001 to $50,000
$50,001 to $250,000
$250,001 to $1,000,000
$1,000,001 and up
j
j
I
! Mechanical Permit Fees
i $58
$58 for first $250, plus $6.75 for each $100 or fraction thereof, .
to and includin $500 I
I $74.87 for the first $500, plus $749 for each $100 or fraction j
I thereof, to and including $1,000 i
I $112.32 for the first $1,000, plus $8.31 for each $1,000 or!
I fraction thereof, to and including $5,000 i
I $145.56 for the first $5,000, plus $9.22 for each $1,000 or 'I'
fraction thereof, to and includin $50,000
$414.90 for the first $50,000, plus $719 for each $1,000 or !
I fraction thereof, to and includin $250,000 .
$1,8!?2.90 for the first $250,000, plus $6.39 for each $1,000 or
fraction thereof, to and includin $1,000,000 !
$4,792.50 for first $1,000,000, plus $5.68 for each $1,000 or
fraction thereof
3. Plan review fee: 25% of the calculated permit fee.
4. Work commencing before permit issuance: 100% of usual permit fee.
5 Inspections outside of normal business hours: $58 per hour
6. Re-inspection fee assessed. $58 per hour
7 Additional plan review required by changes, additions or reVISIOns to
plans or to plans for which an initial review has been completed. $58 per hour (one-half
hour minimum)
E. Plumbing Permit Fee Schedule
1. Permit Issuance -- Issuance of each permit (base fee): $30.00.
2. Issuance of each supplemental permit: $15.00
3. Unit Fee Schedule (in addition to Items 1 & 2 above)'
i $58
$10
$21
$10
For each water heater and/ or vent I $10
For each industrial waste pretreatment interceptor, including its trap and 1 $10
vent, exce t for kitchen e ease interce tors I
For each ease tra connected to not more than four fixtures $15
I For each grease interceptor for commercial kitchens (less than 750 gallon I $25
I ca aci I
For each repair or alteration of water piping and/ or water treating $10
. e ui ment, each occurrence
For each re air or alteration of draina e or vent i in ,each fixture $10
, For each medical gas piping system serving one to five inlets/ outlets for a I $70
I specific gas I
! For each additional medical gas inlets/ outlets I $7
i For each lawn sprinkler system on anyone meter, including (1-5) ATMOS i $5
I vacuum breakers, therefore over five -- each ATMOS vacuum breaker I
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4. Other Inspections & Fees (Plumbing):
i Inspection outside of normal business hours (minimum 3 hours) I $58/hour
iRe-ins ection fee I $58/hour
I Ins ections for which no fee is s ecificall indicated . S58/hour
: Plumbing permit issued after work commences for which a permit is .
i required. i
I 1
i . Emergency conditions I No fee
I.Non-emergency conditions: Work commencing before pennit I Fee is 100%
" issuance shall be subject to an investigation fee equal to 100% of the of pennit fee
ennit fee.
'I Plan review fee: The fee for review shall be 25% of the total plumbing Fee is 25% of
permit fee. The plan review fee is a separate fee from the permit fee, permit fee
I and is applicable when plans are required in order to show
I com liance with the code. \
F Fuel Gas Piping Permit Fees
1 Permit Issuance:
1$15
2. Unit Fee Schedule (in addition to items in F.1. above):
I For each gas-piping system of one to five outlets
I For each additional gas piping system outlet, per outlet
1$58
1$7
3. Other Inspections and Fees (fuel gas piping)'
I Ins ections outside of normal business hours $58/hour
Re-ins ection fee : $58/hour
Ins ection for which no fee is s ecificall indicated $58/hour
I Additional plan review required by changes, additions, or revisions to I' $58/hour
i approved plans (minimum charge one-half hour)
I Work commencing before permit issuance shall be subject to an I 100% of the
I investi ation fee e ual to 100% of the ermit fee ermit fee
Plan review fee: The fee for review shall be 25 % of the total fuel gas
I piping permit fee. The plan review fee is a separate fee from the '
I permit fee and is required when plans are required in order to show I
i compliance with the code. I
Section 2. Repealer. Ordinance Nos. 1838 ~12, 1842 and 2048 are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2006
A TrEST/AUTHENTICATED'
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number
Office of the City Attorney
C:\Documents and SeningsWI Users\Desh"top\Kell>~MSDATA\Ordinances\Plumbing Code. doc
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Page 12 of 12
Tentative Agenda Schedule
MONTH MEETING1- MEETING 2 - MEETING 3- MEETING 4-
REGULAR C.O.W. REGULAR c.o.w.
March 6 13 20 27
See agenda packet Special Presentations:
cover sheet for this - Way Back Inn
\ week's agenda - Tukwila
(March 20, 2006 Community
Regular meeting) Schools
Collaboration
April 3 10 17 24
2nd - Daylight savings Special Presentation. Special Presentation.
time begins Recognition of Gerry Update on Tukwila
Myklebust, Tukwila Village
Police Dept., for 30
years of service to the
City
Appointments:
Sister Cities
Committee
May 1 8 15 22
29tl. -
Memorial Day
(City offices closed) COMMITTEE OF THE
(also 5th Monday- WHOLE MEETING
no Council meeting TO BE FOLLOWED BY
scheduled) A SPECIAL MEETING
Upcoming Meetings & Events
MARCH & APRIL 2006
20th (Mondav) 21st (Tuesdav) 22nd (Wed.) 23rd (Thursdav) 24th (Fridav) 25th (Saturday)
;, Finance & Safety ? Utilities > COPCAB, > Planning Sound Transit's Highway 99
Cmte, Cmte. 6:30 PM Commission, Lunch Bus tour: Trash Pickup Day
5:00 PM 5:00 PM (CR #5) 7:00 PM Tour of current link 9:00 - 10'00 AM
(CR #3) (CR #1) (Council light rail construction For location call
Chambers) in Rainier Valley and Donna at
;, Cit)' CO\lReil Tukwila. 206-242-5556
E:ceelltive LUllch cost is 58.00. I
8e5sHm, ~
6:00 PM
CANCELLED ~
> City Council ~-I::J
Regular Mtg., ---.--.-..-..- ..-..-. .-..-..-..----
7:00 PM "Strike Out
(Council RSVP by March 21st
Chambers) to luin@ Hunger"event to
\ soundtransit.org. benefit Tukwila
including your name, Food Pantry
organization and 9:00 AM - 12:00 NOON
telephone number (\~/
-~~
ACME Bowl
(100 Andover Pk IV)
27th (Mondav) 28th (TueSdav) 29th (Wed.) .30th (Thursdav) 31st (Fridav) 1st {Saturday)
> Transportation ? Community
Cmte, Affairs &
5:00 PM Parks Cmte.
(CR #1) 5' 00 PM 'F} Court Daylight saving
(CR #3) time begins
;, City Council April 2nd at
Committee of the 2:00 Mvl!
Whole Mtg.. *
7:00 PM
(Council
Chambers)
:.- Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206-431-2197
? Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly Matej at 206-767-2342.
? Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues.. 12:00 Noon, Chamber Offices.
Contact Nancy Damon at 206-575-1633.
? Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00;\,\1 to 1:00 PM, at Foster High School's main
parking lot. Dispose ofprunings and plant materials from the long-homed beetle quarantine area. Drive your truckload ofmateriaJs
to the parking lot and help will be provided to unload. chip, and dispose of materials free of charge. Be sure to bring your ID with
quarantine area address.
;.. City Council Committee of Whole (C.O.W) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
:.- City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
:.- Civil Service Commission: 2nd Mon., 5'00 PM, Conf. Room #3. Contact Bev Willison at 206-433-1844.
:.- Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #3
? COP CAB (Community Oriented Policing Citizens Adv Board): 4th Wed., 6:30 PM, Conf. Rm #5 Marja Murray (206-433-7175).
> Crime Hot Spots Task Force: 3rd Wed., 10:00 ;\,\1, Conf. Room #5. Contact Marja Murray at 206-433-7175.
? Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room #5 Contact Evie Boykan or Stacy Hansen at 206-433-7180.
? Equity & Diversity Commission: 1st Thurs.. 5:00 PM. Showalter Middle School Library
? Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #3 Agenda items for 3/20/06 meeting' (A) Council
automation. (B) General financial issues.
>Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center Contact Chief Dave Haynes at 206-433-1812.
~Human Services Advisory Brd: 2nd Fri. of even months, 10:00 ;\,\1, Human Services Office. Contact Evie Boykan at 206-433-7180.
)> Human Services Providers: Quarterly (2006 = 3/17, 6/16, 9/15, and 12/8), 11.30 MI. TCC. Contact Stacy Hansen at 206-433-7181
? Library Advisory Board: 3rd Wed., 7:00 PM. Foster Library Contact Bruce Fletcher at 206-767-2343.
? Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertz11lan at 206-575-2./89
? Parks Commission: 3rd Wed., 5.30 PM, Senior Game Room at Community Center Contact Kimberly Matej at 206-767-2342.
y Planning CommissionIBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Noy & Dec., 7'00 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670.
ySister City Committee: 1st Wed., 5.30 PM, Corn. Room #3 Contact Bev Willison at 206-433-1844
> Transportation Committee: 2nd & 4th Mon., 5'00 PM. Conf. Room # I
)> Utilities Committee: 1st & 3rd Tues., 5'00 PM, Conf. Room # I Agenda items for 3/2//06 meeting' (A) Unsolicited solid waste
contract proposal. (B) 2006 solid waste/recycling rates