HomeMy WebLinkAboutCAP 2009-09-14 COMPLETE AGENDA PACKETCity of Tukwila
Community Affairs
Parks Committee
O Verna Griffin, Chair
O Joe Duffie
O Kathy Hougardy
1 PRESENTATION(S)
2. BUSINESS AGENDA
a Comprehensive Plan Amendments,
Rebecca Fox, Senior Planner
b Housekeeping Code Amendments,
Minnie Dhaliwal, Planning Supervisor
3 ANNOUNCEMENTS
4. MISCELLANEOUS
AGENDA
Distribution S. Hunstock R. Still
V Griffin V Jessop B. Arthur
J. Duffie S. Kerslake C. Parrish
K. Hougardy K. Kertzman J. Eide
J. Hernandez G. Labanara B. Miles
D. Robertson K. Matej K. Narog(cover)
Mayor Haggerton M. Miotke S. Kirby(email)
R. Berry C. O'Flaherty S. Norris(email)
E. Boykan N. Olivas R. Fox
B. Fletcher J. Pace M. Dhaliwal
M. Hart D. Speck
MONDAY, SEPTEMBER 14, 2009, 5:00 PM
Conference Room #3
ITEM RECOMMENDED ACTION Page
a Forward to 10/12 C.O W Pg.1
and 10/19 Regular
b Forward to 9/28 C.0 W Pg.35
and 10/5 Regular
Next Scheduled Meeting: Monday, September 28, 2009
Committee Goals:
Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different
cultures represented within the Tukwila community
Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential
neighborhoods.
Provide legislative support and encouragement to Tukwila residents living in rental communities through programs
that hold owners and /or property managers accountable for providing safe places to live through the implementation
of a rental licensing program
Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more
familiar with the changing faces of communities and neighborhoods throughout the City
Ensure a commitment to continued human services funding in relation to the cost of living through consistent review
of regional, state and federal budgets affecting human services progams and services (also assigned to F &S).
Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to F &S).
S The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 for assistance
City of Tukwila
Department of Community Development Jack Pace, Director
INFORMATIONAL MEMORANDUM
To Mayor Haggerton
Community Affairs and Parks Committee m
From. Jack Pace, Department of Community Developmentt'
Subj Annual Comprehensive Plan Amendments
Date September 8, 2009
ISSUE
The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to be
amended once each year, except in case of emergency This memo will provide information on
the Planning Commission's recommendations for two Comprehensive Plan amendments under
review this year and their accompanying Zoning Code amendments. It requests that the
amendments are forwarded to the City Council for a briefing, public hearing and action.
BACKGROUND
The City Council held a public meeting in May, 2009, and forwarded the Comprehensive Plan
amendments to the Planning Commission for review and recommendation. After holding
hearings on July 23 and August 27, 2009, the Planning Commission made recommendations, and
is forwarding the issues to the City Council for a public hearing and final action. (Attachments A
B)
After taking comments from the public at a hearing, the Council may
Adopt a proposed amendment by ordinance;
Adopt a modified version of a proposed amendment by ordinance; or
Reject the amendment.
Consideration of a site specific amendment is a quasi judicial decision. Consideration of a policy
amendment and area -wide zoning code changes is a legislative decision.
DISCUSSION
Osterly Park Townhomes Redesignate property from Medium Density Residential (MDR) to
High Density Residential (HDR)
File #L08- 077 Comprehensive Plan Amendment
File #L09 -002 Rezone
The applicant, Mike Overbeck, is requesting to redesignate one parcel from Medium Density
Residential (MDR) to High Density Residential (HDR) at 3421 S 144th. (Attachment C) The .25
acre property had been the subject of a long -term code enforcement action, and is the site of a
former meth house that was demolished earlier in 2009
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09/10/2009
Jim Haggerton, Mayor
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone. 206 -431 3670 Fax: 206 -431 3665
The proposed Comprehensive Plan amendment/Rezone area is part of a multi- parcel proposal for
a townhome project which will be developed in phases, and is now under staff review The rezone
would allow the property to be developed with two additional units, a more efficient site plan, and
better access.
The new HDR designation is appropriate for the property under any development scenario, as the
block is almost entirely zoned HDR already, and is developed in large apartment buildings. The
site is on a bus route, with Cascade View Community Park is within one block. Amenities
including shopping, schools, library and swimming pool are nearby
Planning Commission Recommendation (L08 -077):
Adopt findings and conclusions to amend the Comprehensive Plan Land Use Map from
Medium Density Residential (MDR) to High Density Residential (HDR) at S 3421 S
144 (Tax #00040000088)
Plannina Commission Recommendation (L09 -002).
Adopt findings and conclusions, and amend the Zoning Map from Medium Density
Residential (MDR) to High Density Residential (HDR) at S 3421 S 144
(Tax #00040000088)
Urban Renewal Overlay District
File #L08 -081— Comprehensive Plan Amendment
File# L08-082—Zoning Code Amendment
The City of Tukwila's Economic Development Administrator Derek Speck has proposed a new
Comprehensive Plan policy, and supplemental development standards in the Zoning Code and
map to create and implement an Urban Renewal Overlay District for commercial, commercial
redevelopment and multifamily zoned properties within the Urban Renewal Area in the vicinity
of Tukwila International Boulevard.
The Urban Renewal Area was originally designated in the Tukwila International Boulevard
Plan Revitalization and Urban Renewal (January, 2000). The proposed Urban Renewal
Overlay District is an area that has been the focus of long -time planning efforts and public
improvements. It generally lies between S 140 Street, 37 Avenue South, S 146 Street and
42n Avenue S and includes the future Tukwila Village site. (Attachment D) The intent of the
Urban Renewal Overlay District is to encourage a compact, transit- oriented development pattern
with neighborhood- oriented services, redevelopment of distressed property, and more lively and
pedestrian friendly site design.
Supplemental development regulations and cnteria are intended to address deficiencies in existing
zoning, stimulate redevelopment and provide desired amenities. While market and site conditions
will continue to be major factors in determining the pace and extent of redevelopment in the
neighborhood, this proposal is intended to help the community achieve its vision for a mixed -use
center and strengthened commercial district.
The proposed Urban Renewal Overlay District leaves the underlying zoning in place, but provides
alternative development standards that may be applied to developments within the Distract upon the
property owner's request, and if certain qualifying criteria are met. Cnteria include such conditions
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as requiring that at least 100' feet of the site's perimeter front on Tukwila International Boulevard,
providing pedestrian amenities, and significant covered parking for residential units.
Certain concepts for the zoning changes, such as greater maximum building height and reduced
parking requirements, were proposed by developers interested in the future Tukwila Village center
project. However, supplemental development regulations and requirements are mtended to
encourage the type of development that is desired for the entire area, and would apply equally to any
future development and redevelopment in the Urban Renewal Overlay District, provided they are
requested by the developer and the criteria are met.
The proposed Urban Renewal Overlay District zoning regulations tend to focus development along
Tukwila International Boulevard by requiring at least 100' of frontage along the street. Street
interest and liveliness are encouraged by requiring that the ground floor along TIB include active
uses, which can be a combination of activities and architectural features intended to enhance the
streetscape. Development must provide pedestrian features such as wide sidewalks, street furniture,
etc. Significant covered parking for residences is also required, as are secure bicycle and car -share
parkmg. These features will make it easier for people to walk, use bicycles, or car share.
The Planning Commission's recommendations take into account several topics of special mterest.
Building setbacks near smgle-familv homes.
The Planning Commission expressed concern over the potential visual impact of a row of tall
buildings in the vicmity of smgle- family homes. The Planning Commission recommendation
addresses this concem by requiring a one or two story buildmg tier on development located adjacent
to or across the street from single family dwellings that are outside of the Urban Renewal Overlay
Tiers would start at 10' from the property line, with the remainder of the building height set back 30'
(Attachment E) This would apply whether the building's front, second front or side faced the single
family dwelling.
Requiring only one tier that is one or two stories in height maintains the same scale as nearby
housing. Some design flexibility, and systems economies are retained for the building, while loss of
developable space is limited. Limitmg the tier's setback to ten feet from the property line provides
mterest along the street, and begins to establish a somewhat more urban feel, as is desired by the
community Settmg the tallest part of the building back from the street provides additional visual
break for nearby single- family residences, in addition to the separation that is already achieved with
the width the right -of -way, and existmg single- family home setbacks.
Residential Units —Size and Tyne
The Planning Commission had extended discussion over balancing the importance to a healthy
neighborhood of having a mix of residential unit types and sizes with no single dwelling unit type
predominating, and a future developer's economic need to allow market conditions to determine the
specific mix of unit types and sizes that are constructed. It was recognized that market forces
generally determine the mix of residential units in a development, and that unit mix is not regulated
elsewhere in City codes.
The Planning Commissioners were especially interested that studio units not predominate in any
development, that they should be of high quality construction and of adequate size to attract good
tenants and not preclude the option of eventual conversion to ownership. The Planning Commission
recommendation addresses this concern by limiting the number of studio units, and by setting both a
minimum size for individual units and minimum average size for all units in a development. The
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recommendation requires that no more than 40% of the residential units could be studio units, and
the average size unit is at least 500 s.£ or greater, with no individual unit smaller than 450 s.f.
Planning Commission Recommendation Comprehensive Plan Amendment—L08-081)
1 Amend the Comprehensive Plan to add proposed Policy 8.2.22, establishing an Urban
Renewal Overlay District as follows.
Policy 8.2.22 Establish an overlay district in the designated urban renewal area, generally
between S. 140`" 42n Avenue South, S. 146 Street and 37 Avenue South, that may allow
increased building heights, reduced residential parking requirements, and other alternative
development standards, subject to specific criteria, in order to encourage well designed,
compact, transit oriented and pedestrian friendly redevelopment to activate the community along
Tukwila International Boulevard.
2. Amend the Comprehensive Land Use Map to show the Urban Renewal Overlay
District.(Attachment F)
Planning Commission Recommendation (Zoning Code Amendments —L08 -0811:
1) Amend the Zoning map to add the "Urban Renewal Overlay District" (Attachment F)
2) Amend the Zoning Code to add Figure 18 -15 "Urban Renewal Overlay District"
(Attachment G)
3) Amend the Zoning Code Chapter 18.50— Supplemental Standards to add TMC
18.50 170 establishing the Urban Renewal Overlay District with supplemental
development regulations and criteria as follows.
18.50. 170. Urban Renewal Overlay District
A. Purpose. The Urban Renewal Overlay District is established to implement the adopted
Tukwila International Boulevard Revitalization and Urban Renewal Plan. The intent is to
promote community redevelopment, and revitalization and to encourage investment that supports
well- designed, compact, transit oriented and pedestrian- friendly residential and business activity
to activate the community along Tukwila International Boulevard.
B. Application of Regulations. Property located within the Urban Renewal Overlay District is
identified on the official land use maps, including the Comprehensive Plan Map and the Zoning
Map, as well as in TMC 18, Figure 18 15, and is subject both to its zone classification regulations
and to additional requirements imposed for the overlay district. In any case where the provisions
of the overlay district conflict with the provisions of the underlying zone, the overlay district
provisions shall apply
C. Standards and Criteria
Urban Renewal Overlay District
Chapter 18.50.170
1) The Urban Renewal Overlay District's proposed supplemental development standards are as
follows
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a) Allow building heights up to 65 feet in the Urban Renewal Overlay
District. The existing Neighborhood Commercial Center (NCC) setback standards shall be
followed per TMC 18.22.080, with the exception that: 1) development adjacent to or across the
street from single- family dwellings in Low Density Residential zones lying outside of the Urban
Renewal District shall be set back 10' from the property line with a required building tier of
either one or two stories in height; and 2) floors three and above shall be set back 30' from the
property line. This shall apply whether the front, second front, side or rear yard faces or is
adjacent to the single family dwelling.
b) Allow multi- family parking standards to be one parking space per each
dwelling unit that contains up to one bedroom plus 0.5 spaces for every bedroom in excess of one
bedroom in a dwelling unit.
c) Allow the maximum number of dwelling units to be determined by the
building envelope as in the NCC zone, rather than a numeric density Allow the developer to
determine the unit mix with the limitation that studio units contain an average size of at least 500
square feet of interior floor space with no units smaller than 450 square feet and allow not more
than 40% of the dwelling units to be studios.
d) Allow live /work space on the ground floor to meet the NCC requirement
for ground floor retail or office space if the live /work space is built to commercial building code
standards with a typical retail store front appearance.
e) Allow ground floor residential uses in the NCC zone in buildings or
portions of buildings that do not front on an arterial.
2) The Urban Renewal Overlay District's proposed development standards would apply if
the owner /developer requests, and if all the following criteria are met:
a) At least 100 feet of the development parcel's perimeter fronts on
Tukwila International Boulevard.
b) At least 75% of required residential parking is provided in an enclosed
structure (garage or podium). The structure must be screened from view from public rights of
way
c) The ground floor along Tukwila International Boulevard must contain
active uses except for the width of the garage access (when site conditions allow). Active uses
comprise uses such as retail, restaurant, office, live -work or other uses of a similar nature that
encourage pedestrian activity, and feature a combination of design and amenities to create a sense
in interest with features such as doors, windows, clear glass display windows, wide sidewalks,
etc.
d) The property owner /manager shall prepare a Transportation Management
Plan that encourages alternatives to automobile use, and that provides each residential and
commercial tenant with materials that may range from offering information about transit and
bicycle options to providing transit tickets and passes.
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e) Residential development shall provide opportunities for tenants to use a
car sharing program and make one space available at no charge to a car sharing program (if
available) for every 50 to 200 residential spaces on site. An additional space shall be provided for
developments with over 200 parking spaces. All car share spaces are in addition to required
residential parking. If car sharing programs are not available when the building is constructed, an
equivalent number of guest parking spaces shall be provided. These shall be converted to
dedicated car sharing spaces when the program becomes available.
f) Development must provide amenities such as some of the following to
enable a high quality pedestrian experience, including retail windows, pedestrian scale design
along sidewalks, wide sidewalks, pedestrian access through site, benches, art, landscaping and
lighting, quality of materials, street furniture, etc.
g) One secure, covered, ground -level bicycle parking space shall be
provided for every four residential units in a mixed -use or multi family development.
RECOMMENDATION
The Council is being asked to approve the Comprehensive Plan and Zoning Map and Code
amendments, and hold a public meeting on this item at the October 12, 2009 Committee of the
Whole meeting, and to discuss it and take action at the October 19, 2009 Regular Meeting.
Attachments:
A. Planning Commission Minutes (7/23/09)
B Draft Planning Commission Minutes (8/27/09)
C Osterly Park —MDR to HDR Map
D Urban Renewal Overlay Map
E. Setback Graphic
F Comprehensive Plan Map /Zoning Map
G Figure 18 15
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ATTACHMENT A
The meeting was called to order by Chair Malina at 7.00 PM
Present: Chair, George Mahna, Vice Chair, Bill Arthur; Commissioners, Chuck Parrish, Allan
Ekberg, Margaret Bratcher and Lynn Peterson
Absent: Commissioner Brooke Alford
Representing
City Staff: Rebecca Fox, Minnie Dhaliwal and Wynetta Bivens
COMMISSIONER EKBERG MADE A MOTION TO ADOPT THE PUBLIC HEARING
MINUTES FROM JUNE 25, 2009 COMMISSIONER BRATCHER SECONDED THE
MOTION, THE MOTION WAS UNANIMOUSLY APPROVED
Chair Malina swore in those wishing to testify
PLANNING COMMISSION
PUBLIC HEARING MINUTES
JULY 23, 2009
Rebecca Fox, Planner, Department of Community Development, gave an overview of the process for
amending the Comprehensive Plan and Zoning Codes. The Washington Growth Management Act (WGMA)
allows jurisdictions to amend the Comprehensive Plan once a year unless there is an emergency This year
two applications were received, and in May the City Council reviewed the applications, received comments
from the public and forwarded them to the Planning Commission (PC) for their recommendation. After the
PC forwards their recommendation back to the City Council, a pubhc hearing will be held and the City
Council will make a final decision.
The cnteria for considering changes to the Comprehensive Plan.
1) Is the issue already adequately addressed in the Comprehensive Plan?
2) Is the proposed change needed?
3) Is this the best means to meet the public's need?
4) Is there a net benefit to the community through this change?
The criteria for considering changes to the Zonmg Code:
1) Is the request consistent with the Comprehensive Plan?
2) Is it consistent with the zoning classification?
3) Are there changed conditions that would justify the amendment?
4) Is the community's interest served by the change?
Staff asked the Commissioners the appearance of fairness questions and there was not any conflict of interest
to prevent the PC from making a fair decision.
PLANNING COMMISSION PUBLIC HEARING
CASE NUMBERS L08 -077 (Comprehensive Plan Amendment)
L09 -002 (Rezone)
APPLICANT Mike Overbeck
REQUEST Comprehensive Plan Amendment and Rezone Medium Density Residential
(MDR) to High Density Residential (HDR)
LOCATION 3421 S 144 Tukwila (Tax #0040000088)
Page 2 of 8
Planning Commission Minutes
July 23 2009
Ms. Fox gave the presentation on file numbers L08 -077 and L09 -002 utilizing a PowerPomt presentation.
The property for this application is currently part of a proposed townhome project. The primary impact of the
Comprehensive Plan Amendment and Rezone would be to allow additional housing units to be built. If the
request to High Density Residential is approved it would be possible to build two additional housmg units
with a slightly higher height. The impact to the immediate area would be minimal. The Comprehensive Plan
and the Growth Management Act supports additional housing. New development would be very positive for
the area. Staff recommends approval as requested.
Mike Overbeck, applicant, commented that there were other incentives for requesting a rezone other than the
ability to build additional units. One example he mentioned was the benefit of centrally- located recreation
spaces and a through street.
Staff listed other benefits approval of the project would provide, such as better access, improved drainage,
and the ability to place the recreation area in a central location. The project does meet all fire code
regulations.
There were no further comments.
The public hearing was closed.
The Planning Commission deliberated.
Commissioner Parrish stated that staff, Rebecca in particular, has done a good job of pointing out the
important elements of the decision making process.
Commissioner Peterson said approval of the project will make for a more functional development of the
overall area, and encourages the kind of development that the City is looking for
Commissioner Ekberg commented that the surrounding property is not impacted by the project.
Commissioner Bratcher stated she sees no problem converting to UDR considering the surroundings.
Commissioner Arthur said that he sees a number of benefits to this project and very little downside
COMMISSIONER PARRISH MADE A MOTION TO APPROVE CASE NUMBERS L08 -077
AND L09 -002 BASED ON STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS,
AND TO FORWARD TO THE CITY COUNCIL FOR APPROVAL. COMMISSIONER
EKBERG SECONDED THE MOTION ALL WERE IN FAVOR.
Chair Malina opened the public hearing.
CASE NUMBERS L08 -081 (Comprehensive Plan Amendment)
L08 -082 (Rezone)
APPLICANT Derek Speck/City of Tukwila
REQUEST Comprehensive Plan Amendment—Adopt a new policy establishmg an "Urban
Renewal Overlay District" to encourage compact, pedestrian- friendly, transit
oriented redevelopment
LOCATION Approximately 7 blocks in the vicinity of Tukwila International Boulevard between
S 140 St., 37 Avenue S., S 146` St., and 42 Avenue S
Staff asked the Commissioners the appearance of fairness questions and there was not any conflict of interest
to prevent the PC from making a fair decision.
Page 3 of 8
Planning Commission Minutes
July 23, 2009
Ms. Fox, Planner, Department of Community Development gave the presentation addressing each of the file
numbers utilizmg a PowerPoint presentation. The intent of this request is to encourage redevelopment of
distressed areas and development of a town center core in the vicinity of Tukwila International Blvd. The
zoning code changes would give implementation tools to focus development in the area.
Following is Ms. Fox response to Commissioner Peterson's question that she received by email asking why
the boundaries were chosen. The application's original boundanes included all properties within 500 ft. of
each side of Tukwila International Blvd. between S 140 and S 160 The boundaries were revised in order
to focus on a more compact area than originally set, which staff considered a more appropriate area for the
overlay The area around the light rail station will be reviewed for transit oriented development patterns in
2010 or 2011 m preparation of the Comprehensive Plan Update in 2011 At that time different development
regulations could be proposed or the current development regulations be extended to the area.
This request is a new Comprehensive Plan policy, 8.2.22, intended to further redevelopment goals of the
work along Tukwila International Blvd, and to encourage mixed use town center development.
Implementation would occur through the supplemental development regulations, which is the zoning portion
of the plan. An overview was given on the supplemental development standards for the Urban Renewal
Overlay District, which are listed in detail in the 7/23/09 Staff Report. The key supplemental development
standards are:
The ability to increase the building height up to a 65 ft. maximum.
Reduce residential parkmg requirements.
Maximum dwelling units are set by the building envelope.
Pedestrian amenities.
Allow live /work space on the ground floor
In order to build a development that utilizes the alternative supplemental development standards criteria and
requirements must be met. The criteria are listed m detail m the 7/23/09 staff report. Followmg are the key
criteria.
A minimum of 100 linear ft. of the development parcel's parameter fronts on TIB
Covered residential parking for at least 75% of units.
Require a transportation management plan to have the owners provide alternatives to the tenant
leases for residential/commercial parking on neighborhood streets.
Require active uses on the ground floor of the building.
Residential development car sharmg program encouraged.
Pedestrian amenities, such as bicycle racks, benches, landscaping and wide sidewalks.
Commissioner Peterson asked if there is a definition for `active uses' Staff said that there is currently no
definition m the TMC for `active uses.'
Commissioner Malina asked that the word `bus' is changed to `transit tickets,' on page 14 in the last
sentence of staff's recommendations in the staff report. Pam Carter, a citizen, submitted an email
recommending changing the words `bus tickets and passes' to `transit tickets and passes' on page 19 in the
transportation management plan on page 19 of the staff report.
Commissioner Parrish requested that the top two sentences on page four of the staff report are deleted to
elimmate repeat verbiage that is found on the same page in paragraph three.
Commissioner Parrish requested that staff point out on a map where the type three wetland is located. He
asked staff explain the language, `hydrology from the proposed Overly District supports the wetland,' which
is listed in the staff report. He asked that overflow parking be addressed. He also asked if permit parking
should be required now or wait and see what the impact will be.
Page 4 of 8
Planning Commission Minutes
July 23, 2009
Staff commented that the other measures such as the transportation management plan and the bicycle
standards are intended to address the potential overflow parking issues. Staff has also made a
recommendation for shared automobile space. Staff is looking ahead to try and limit the potential impact,
while at the same time taking a wait and see attitude. Based on information from Bellevue's 2005 -2007
census regarding the number of vehicles available based on the size of the apartment, Tukwila's proposed
parking will not be impacted. There are options after construction if parking becomes a problem such as
restncted parking zones.
Commissioner Parrish asked how it was determmed to have 50% of the units be studios. Staff deferred this
question for the applicant to address. Commissioner Parrish wanted to know what demographic would be
moving m. Commissioner Peterson commented that one of the problems that plagues the City is high turn
over of residents and that maybe larger units would provide more stability
Derek Speck, Applicant, Economic Development Administrator for the City of Tukwila, gave a PowerPomt
presentation. He explained what prompted him to submit this proposal was different developers approaching
him and discussing certam development types that Tukwila does not currently allow He stated another
reason was because developers that submitted proposals for the Tukwila Village development proposed styles
that the current zoning does not allow Such developments have already been constructed in other areas over
the last ten years.
Mr Speck addressed the parking questions raised. He said that this type of development usually has some
on -street parking available. It is unknown whether the current City traffic impact fees program has fees
directed to right of way acquisition to create more on -street parking. As part of Tukwila Village
developments the desire is to advance the CIP project for 144 between Military and 42 with the
possibility of angled on -street parking. For long term, beyond this project at some point, parking
enforcement or a restricted parking zone may need to be considered. Mr Speck said that the on -street
parking is a key component of making this a walkable neighborhood. He recommended leaving some of the
enforcement of mixed use parking up to the retailers to work out privately with the property owners.
Specific reasons were not given as to why 50% was determined to be the maximum percentage of studio
apartments to be constructed. Mr Speck commented that there would be a potential increase in property
values. He also said that part of the reason this type of development has caught on is due to the cost to
construct them. The second level wooden frame construction is generally less expensive than the steel frame
building. Some code issues can be addressed by the City adopting a special ordinance to allow buildings to
go up five floors on wooden frame over concrete. This type of construction would be an efficient way of
handling the cost for development, which will allow up to approximately a 65 ft. tall structures. Currently the
maximum height allowed in the NCC zone and Tukwila Village area is 45 ft. The developers want an
increased height limit to provide to more dwelling units per acre and to reduce the parking space per unit.
In the proposed Urban Renewal Overlay Distnct developers want to be allowed to build taller structures.
Regarding set -backs it was noted that the worst case scenario in terms of the density would be development
in the NCC zone of a 65 ft. Structures with 20 ft. between buildings. Mr Speck commented that this scenario
is not very likely to happen due to havmg city streets generally separate NCC from LDR. Examples of new
and existing buildmgs heights and parking provisions were shown of other developments.
Commissioner Parrish commented that the impact of overflowing to the neighborhoods was not shown.
Mr Speck stated that if overflow parking is a concern that he would recommend looking at a residential
parking zone to protect the single family neighborhood. It was commented that there would be a hassle factor
and an enforcement cost. He recommended pursuing this option if the need develops.
Page 5 of 8
Planning Commission Minutes
July 23 2009
Commissioner Bratcher asked what the Fire Department's comments were on the 65 ft. high structures. Mr
Speck stated that the Fire Department has said that they are ok with the proposal. The proposal does not
change the fire codes.
Commissioner Malina commented that the examples of developments that Mr Speck showed had a lot less
than 50% studio units. He stated that he is having problems with why the 50% figure was chosen. Mr
Speck said that one of the developer's proposals showed 40% studio units. However, he said that he does not
have any data to back up his decision for the 50% figure. He said that if the Commissioners decided they
didn't want to allow the amount of studio units designated, he does not know if it puts the City out of the
market to see development happen. He suggested that more research could be done regarding the number of
studio apartments constructed in the development
Commissioner Ekberg stated that he is struggling with what he would see along 42 S for a development
that meets all of the cnteria. Mr Speck pointed out on the PowerPoint slides what Commissioner Ekberg
would possibly see. Commissioner Ekberg stated that he was not comfortable with Mr Speck's answer Mr
Speck said he could work on providing a better answer
At 9 PM Commissioner Bratcher left the Council Chambers.
Chair Malma called for a recess.
Chair Malina reconvened the public hearing.
Jonathan Varnes, citizen, stated he is trying to understand how the parameters were established for the
Tukwila Village project. He said in his opinion the project is a great idea. Mr Speck will be in contact with
Mr Varnes to discuss his question.
Staff addressed the Overlay District boundaries. The proposed Overlay District was selected because it
corresponds to the area that was the Urban Renewal Area that was set m 2000 and was the focus of the
redevelopment along Tukwila International Blvd. It was an area demonstrated to be in need of redevelopment
and it was also the area that has been well studied. Its core is six acres of parcels that the City owns. Staff
will be looking at the area to determine if it will extend further m the future.
Michael West, citizen, stated he is in favor of the proposed request and urges its adoption. He said that it
gives the developer what they need to make it a financial success. He pointed out that the staff report reads
that there shall not be more than 50% studio units, which means if the applicant wants to build 5% he can.
He said the applicant probably designed the proposal to give enough flexibility to do what they think is
market driven. And he doubts that they will build something that will be a detriment to them.
Ryan Hitt, Development Manager, Tarragon, is m favor of the proposed Comprehensive changes. He stated
he has some zoning concerns. Concerns were pomted out on page 18 and 19 of the staff report.
Mr Hitt said that his recommendations would be to mclude language for set -back requirement that it is open
to flexibility so that if there were potential changes to different set -backs that might make sense as the design
moves into further development. He said that his main concern is that if different situations come up later m
development, is that the Commission will consider it. Mr Hitt wants flexibility to be able to discuss potential
situations in the future. In regards to the 50% ratios of studio units, Mr Hitt supported that number and stated
it is unlikely that they would ever actually have a development with 50% studio units. He said that flexibility
is important and keeping the figure at 50% would be important. Concerning the types of people living in
these units it could cover a large demographic variety, such as students, young professionals, and people
potentially on fixed incomes or seniors. Tarragon proposed that the minimum size apartment be 400 sq ft. as
opposed to 500 sq ft. Mr Hitt said that they want
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July 23 2009
make sure that the criteria take advantage of the Overlay District zone. The project will be built m phases and
phasing of the project are not addressed in the staff report. Tarragon wants to make sure in the
development agreement that requirements do not have to be met m phase one necessarily but over the course
of the project. Concern was expressed with the car sharing and bicycle parkmg requirements Tarragon
would like to discuss this. They would rather not be locked into a specific number of parkmg spaces. Their
preference would be to tie this to one of the recognized green standards. Because these standards change
through over it would allow them to apply the standard that makes sense at the time of development.
Tarragon thinks a definition of `active uses' makes sense to try and define or understand further what the
expectations are Tarragon supports active uses at the ground level of all of their projects.
Commissioner Malina asked how Tarragon has looked at providing adequate spaces in their parking garage
for those who may have electric cars or dual use vehicles.
Mr Hitt stated that they are not far enough m design to actually show the Commission. They would like to
consider this in the shared parking requirement to satisfy part of the requirement and that alternative energy
vehicles would be included. There would be designated spaces that could be modified if the demand requires
it. Mr Hitt said that you do not get parking right the first time but you have to see where the demand is. As
the project grows you have to try out different options to figure out what works the best. Mr Hitt said they
he could not say if they would have guest parking but that he can say there is some overflow parking
depending on what time people use the commercial spaces.
Commissioner Peterson asked Mr Hitt if Tarragon objected to providing designated parking spaces for car
sharing. Mr Hitt said what they are in opposition to is providing a specific number of parking spaces within
the guidelines in the staff report. They will be happy to provide a shared type of parking space(s) on the site
but until they get further m the design its hard to tell exactly how many spaces a project can support.
Commissioner Peterson explained that they often point to standards in the code, that are constantly evolving,
and then there is a revision of those standards. Mr Hitt stated that Mr Speck recommended the suggestion
that Tarragon tie it to a specific standard. They will be happy to do that, but he does not have that data to be
able to say what the L.E.E.D standard or Built Green standard would be. Mr Hitt asked for the opportunity
to research this further and discuss further with the City to be able to create a standard that makes sense and
that they feel is appropriate for the project.
Commissioner Parrish asked if Mr Hitt's comments were intended to suggest that what he is talking about
would be applicable to the entire Overlay District. Mr Hitt said that he can only speak for the Tukwila
Village area, they are concerned specifically with Tukwila Village
Kate Kruller, citizen, has worked at WA State Department of Transportation and King County Department
of Transportation. Ms. Kruller represents Tukwila on the Puget Sound Access Community Media Channel
and she is the 1 l Legislative District Chair for the Democrats in the area. She said that she spends a lot of
time talking to people m the community and that it is vital to move ahead and progress in Tukwila. She also
said that Tukwila has been danglmg for ten years and the momentum is going this year Ms. Kruller said that
the people who will occupy this development will be young and old. She said when she walks her precinct
and talks to people about Tukwila Village and hands out paper work the two comments she received most
was, "Do it and don't talk about it," and "I could use that" She said that she highly encourages the
Commissioners to look at what's being proposed. If there is a way to consider it a test area, she would love to
see this area revitalized so that it is a place that people come to spend their time. Ms. Kruller said this is not
something to protect Tukwila citizens from, it's somethmg to provide to them and to provide it soon.
Dwight McClain said in 1995 that the Highway Action Committee was formulated to clean up the highway
He chaired the committee and their purpose was to make the highway a safe place to work and do busmess.
Mr McClain said that a lot of things have happened m other cities and there are a lot of ways to kill a project.
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July 23, 2009
He said one way is to get too hung up about the parkmg requirements. He said when you become too
constnctive m the plan and requirements; if the number doesn't work developers are not gomg to come
around. Mr McClain said he thmks that the developers need to be trusted not to develop a project that is
gomg to go belly up, it's not in the developer's financial interest. He said some general guidelines need to be
set and give them as much latitude as possible so that they can proceed. He encourages moving ahead
without delay
Sharon Mann, citizen, said that she thinks there has been enough education to know that this is what the City
needs to do in order to get the ball rolling. She said it is discouraging to look at surrounding cities that have
somethmg pretty and a reason to come to their city She said it is time to go forward and domg rigid things
do not work; we can set guide lines with the opportunity for open variances that make sense based on the
area. She said parking is an issue and if it becomes an issue for this project then you implement permit
parkmg as a resolution. Ms Mann said the economic climate is poor but we have three big parcels on the
blvd. that is not brmging any money into the City She said we have a gold mine and it is time to get the pans
out and start mining.
Mohamad Aminpour, owner, Ridgewood Apartments, said that everything has been said that needs to be
said. Mr Ammpour said that this is a good project and the City is on the right track. He said that Tukwila
International Blvd. looks very nice. However, the buildmg around it do not look as nice and m order to really
develop and make sense for business owners and developers to develop you have to provide them the tools
for it to make sense for them to do Having a 65 ft. maximum height zone makes a lot of sense and would
bring a lot of new development. He said that he would like to see the project go to S. 154 and if the City
doesn't do that the City of Sea Tac will get their share of revenue and Tukwila will not.
Staff recommended moving forward on the Comprehensive Plan Amendment to establish the Overlay
Distract. Staff could discuss changes to the development standards and cnteria based on the comments.
Pam Carter, citizen, stated that she supports the project and thinks that it should move forward. She said the
changes regarding the L.E.E.D standards for the flex car parking that Mr Hitt did not come prepared with
any suggestions. She said the project should be forwarded to the Council with a recommendation for
approval and also for consideration if Mr Hitt submits some material. She also said that Mr Hitt could work
with staff and develop an alternative proposal so that the Council could have that before them, rather than
trying to make a decision without mformation.
There were no further public comments.
The public hearing was closed on case number L08 -081
The Planning Commission deliberated.
Commissioner Parrish likes the idea of forwarding the Comprehensive Plan Amendment to the Council
but he is not comfortable with the rezone going forward. Commissioner Parrish commented that it is the
Commissioners fob to deliberate on the behalf of folks on projects and it is not they're desire to delay
projects but to do a good job He said the representative from Tarragon did not come prepared. One of
the things the Commission likes to see is a recommended regulation, if you have a recommended change
then bring it with you. The Commission wants to see the proposed language. Commissioner Parrish said
that he is not in favor of 400 sq ft. studio apartments. Regarding the L.E.E.D and Build Green he said he
does not see that as being applicable to the Overlay District. It was noted that there is a process for
variance. Those that have some idea about how the language should read should submit it to staff and it
will be provided to the Commission as an option to consider
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July 23 2009
Commissioner Peterson said that he is comfortable with everything that's been recommended but he
would like a definition of `active use' Commissioner Peterson is prepared to move the project forward as
proposed once staff provides some language to provide some guidance for a definition on `active use'
Commissioner Ekberg said the only major concern he has is having 65 ft. tall structures adjacent to
single family residential. He said that he is concerned about having a 65 ft. wall on the west side of 42
Ave next to residential and next to the high school. Commissioner Ekberg recommended thinking about
the approach that attachment G references in the staff report for areas that abut single family residential
property, even if it's across the street. He suggested language change for one space for the car sharing
program. Item 2, E, page 19, suggested language to read, `a minimum of one space'
Commissioner Arthur said that he would like to hear more about Commissioner Parrish's suggestion
about moving ahead with the Comprehensive Plan Amendment but not the zoning at this time. He said
there are a lot of the things that may be worthy of discussion and maybe worthy of adopting. Regarding
400 sq ft. or 500 sq ft. studio apartments he does not hear any compelling arguments one way or the
other He shared the concerned regarding the 65 ft. wall across the street or on an adjacent property to
LDR. He said he is not going to accept staff comments that nothing is going to happen, something
definitive is needed to protect LDR and other areas from the 65 ft. wall.
Commissioner Malina said that he concurs with the Commissioners. He said that he has no problem
approving the Overlay but he has a concern about the rezone, there are issues. He thinks they need to take
a look at the rezone portion and be able to pass on a good packet to City Council.
COMMISSIONER PARRISH MADE A MOTION TO APPROVE CASE NUMBER L08 -081
BASED ON STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS AS
AMENDED, AND RECOMMENDED FORWARDING TO CITY COUNCIL. COMMISSIONER
ARTHUR SECONDED THE MOTION ALL WERE IN FAVOR.
CASE NUMBER L08 -082 CONTINUED
Commissioner Ekberg explained that he wants staff to come back with a recommendation on how to
deal with the issue regarding the 65 ft structure adjacent to the LDR.
Staff asked for some direction on what the Commission would like to see regarding set backs.
Commissioner Ekberg suggested that staff return with something similar to attachment G in the staff
report but applies to the 65 ft. tall structures being tiered adjacent to LDR. Commissioner Parrish was in
support of Commissioner's Ekberg's suggestion.
Commissioner Parrish asked the representative from Tarragon if he is willing to submit some
information in writing to staff for consideration. Tarragon will be submitting information.
DIRECTOR'S REPORT
Minnie asked the PC if they are interested in hosting anoint PC meeting with Sea Tac PC on
October 15, 2009 An interest was expressed. Staff will return with more information.
Meeting adjourned. 10.25 PM
Submitted by Wynetta Bivens
Secretary
Adopted. 8/27/09
ATTACHMENT B
The meeting was called to order by Chair Malina at 7.00 PM
Present: Chair, George Malma, Vice Chair, Bill Arthur; Commissioners, Chuck Parrish, Allan
Ekberg and Lynn Peterson
Absent: Commissioner Brooke Alford and Margaret Bratcher
Representing
City Staff: Nora Gierloff, Rebecca Fox, Minnie Dhaliwal and Wynetta Bivens
COMMISSIONER PARRISH MADE A MOTION TO ADOPT THE PUBLIC HEARING
MINUTES FROM JULY 23, 2009 COMMISSIONER ARTHUR SECONDED THE MOTION,
THE MOTION WAS UNANIMOUSLY APPROVED.
Chair Malina swore in those wishing to testify
PLANNING COMMISSION
PUBLIC HEARING MINUTES
AUGUST 27, 2009
PLANNING COMMISSION PUBLIC HEARING
Chair Malina opened the public hearing.
CONTINUANCE FROM JULY 23, 2009•
DRAFT
CASE NUMBERS L08 -082 (Rezone)
APPLICANT Derek Speck/City of Tukwila
REQUEST Rezone /Zoning Code change —Adopt alternative development standards and
cntena for the proposed "Urban Renewal Overlay District" including 65'
building height limit, reduced parking requirements, covered parking,
pedestnan oriented design features, and others.
LOCATION Approximately 7 blocks in the vicinity of Tukwila International Boulevard
between S 140 St., 37 Avenue S., S 146 St., and 42 Avenue S
This is a legislative area wide re -zone issue and any changes will apply equally to the entire Urban Renewal
Overlay District area. They would also apply equally to all development provided that the criteria are met.
There was concern raised by the PC regarding whether it is appropriate for Tarragon, a developer interested
in the Tukwila village project, to discuss their concerns and make recommendations on the proposed rezone.
An email from the City Attorney addressing this issue was provided to the PC stating that Tarragon is in the
same position as any other interested party that is impacted by the proposed zoning changes. The fact that
they could ultimately enter into a development agreement with the City does not have any effects upon the
discussion, deliberation and decisions made by the PC
Rebecca Fox, Planner, Department of Community Development, gave an overview of the proposed revisions
and recommendations based on issues of concern that were raised by the PC at the July 23, 2009 meeting.
Set -backs in proximity to single family zones.
The set -backs in Low Density Residential (LDR) modifications were made and there are three
options proposed. In each of the options rather than stipulating that the set -backs would apply within
50 ft. of the LDR, the wording was revised to read. `These set -backs would apply to development
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August 27 2009
Option 1 is based on a tiered building requirement, such as in the office zone. Buildings should have
two required tiers beginning at 10 ft. The setback is 10 ft. for the first floor, 20 ft. for the second ft.
and the remainder of the building floors three and up is set -back 30 ft. Staff considers this option
very prescriptive for design and construction and could result in increased cost for buildmg systems
and the lost of developable space.
Option 2 has some aspects of staffs original proposal. Rather than setbacks being met by a ratio of
1.5 1 they are stated in set numeric distance, 10 ft. for the first floor, 20 ft. for the second floor, 30 ft.
for the third floor The setbacks can be met either by having a tiered building on different floors or
setting the entire building back the maximum distance or combming the tiers and setbacks. This
provides maximum flexibility for development but it may not have the results desired for the
compact feel or the visual break.
Option 3 requires one tier either one or two stories high, setback 10 to 20 ft and the remainder of the
building setback 30 feet. This option combines some of the features of option 1 and 2. Staff
considers this option somewhat prescnptive and issues could be addressed through the design
guidelines.
Staff recommends Option 3
Studio apartments maximum allowable percentages of apartments and the minimum size.
The revised recommendation is to allow not more than 40 percent studio apartments with an average
studio unit size of at least 500 sq ft. with a mmimum unit size of 450 sq ft. The recommendation is
based in part on an analysis prepared by Dupre and Scott.
Commissioner Parrish raised questions regarding setbacks and wanted to know if the setbacks were
sufficient for two 65 ft buildings adjacent to each other with 20 ft. between them.
Staff commented that they spoke with the fire chief and all fire and building code issues are separate from the
zoning. However, m the event that they do not meet the fire or buildmg code requirements those codes will
take precedence.
Nora Gierloff, Deputy Director, Department of Community Development, stated that it would depend on the
site whether the setback would be sufficient. There could be different requirements based on building
construction.
Commissioner Arthur commented that he is not sure exactly where the 65 ft height is coming from and
asked staff where it was coming from.
Staff stated that the area is a redevelopment area and has been designated as a site for a more compact and
dense urban core of mixed use development. The entire area is proposed for 65 ft., which is a request that
comes from the applicant and is based on comments from developers who have expressed interest in creatmg
such a core development. In order to have an economic building a typical type of structure is one story of
commercial with five stories above up to 65 ft. This is not a type of building Tukwila has but it is common m
other areas. It was discussed and proposed as part of the development proposal for the Tukwila Village
project.
Commissioner Arthur stated that it is hard for him to understand a building setback for a 65 ft high structure
with a minimum setback of 25 ft. He said when the Tukwila Urban Center was looked at it was found based
on the Fire Department's testimony that a 26 ft minimum setback was necessary for buildings that were 30 ft.
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August 27 2009
high. He said he does not understand how more than double the building height would cause a setback with
less footage. Staff stated that they would want to make sure the requirements are met and if necessary
address the zoning recommendation to be sure that there is no conflict.
Ms. Gierloff said she thinks that the 30 ft. came from the cut off for a high rise ordinance under the fire code.
She talked about a 26 ft fire lane instead of a 20 ft. fire lane, which is something you would have to factor
into the design of the building.
Commissioner Arthur asked if 25 ft. is sufficient for the fire department.
Commissioner Peterson pointed out that it was already decided that fire would take precedence over the
zoning codes.
Commissioner Parrish pointed out that the proposed setback is 20 ft.
Staff provided an email from the fire chief in support of the zoning recommendation.
Commissioner Ekberg asked for clarification whether the applicant is the Economic Development
Admmistrator for Tukwila.
Dwight McLean, showed a slide presentation.
Dave Fenton, citizen, part owner of Samara Apartments, which has over 200 apartment and none of them are
studios. He said that he is really concerned by the 65 ft high structure and the studios. He stated that he has
been in the business for 25 years and that he does not have studios because they are problems that tend to
draw people that could not otherwise afford a one bedroom apartment. He said in Tukwila that there are
about four complexes that have studio apartments and if you were to contact the Police Department that you
would see lots of police activity at places with studio apartments. He asked that this is taken into
consideration.
Commissioner Ekberg asked Mr Fenton what the transient nature of folks with three bedroom apartments.
Mr Fenton stated that he has never had a vacancy in his three bedroom units in ten years, they are in high
demand.
Staff pointed out that the 500 sq ft. studio size is a minimum not a maximum size as mentioned by Mr
Fenton.
Commissioner Malina asked Mr Fenton the square footage of his one bedroom apartments. Mr Fenton
responded that they are 800 sq ft. on the ground floor and 850 sq ft on the upper floors.
Sharon Mann, Co -Chair for Tukwila International Boulevard Action Committee T1BAC), addressed
other's concerns on the 65 ft. high structures and the setbacks on the single family dwellings and the number
of studio units. The TIBAC group did not share the concerns of others and recommend approval of the 65 ft.
height if the buildings are built adjacent to single families or across the street. They recommended a set -back
of 10 ft. for the first floor and an additional 10 ft. for the second floor but not additional set -back requirement
for any floors thereafter They recommend a requirement of no more than 50% of the units are studio. Ms.
Mann said the development they are looking for will be condo quality and a vibrant area with lots more
activity She does not foresee the problems raised by Mr Fenton. Ms. Mann stated that the developers have
been requesting that restrictive guidelines which have prevented development be lifted. She said that the
zoning has been a roadblock for development for the last ten years. She stated that there is no incentive for
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Planning Commission Minutes
August 27 2009
current owners to improve their properties or for new developments to happen. The TIBAC group implores
the PC to make a decision and to move on with this because there is a deadime to get this approved in order
for the project to move on and the Comprehensive Plan to be approved. The TIBAC said that they are askmg
the PC to not be protective of them by keepmg them in a 1990 vision. They are looking for the PC to be
more progressive and look mto a 2010 and 2020 vision.
Commissioner Ekberg asked for clarification from Ms Mann regarding whether they are supporting option
1 or 3 for the setback recommendation.
Commissioner Parrish stated he is confused with what Ms. Mann recommended for setbacks and pointed
out their recommendation is not one of the options proposed.
Ms. Mann stated she heard the recommendation, but feels that the number is unimportant and a developer is
not going to develop something they cannot rent and sustain.
Commissioner Parrish stated that he very much appreciates the involvement of the TIBAC group.
Commissioner Peterson pointed out that Ms. Mann's recommendation on set -backs are listed in attachment
E of the PC packet.
Ryan Hitt, Development Manager, Tarragon, stated that since the previous PC Meetmg they have been in
contact with staff have worked with them on a number of the issues and support the current
recommendations. They also feel comfortable with the recommendations from the TIBAC group Mr Hitt
pointed out a letter m the PC packet that was provided by Tarragon, which was mtended to address a number
of comments and concerns of the PC. He offered to address any concerns that were not addressed in the
letter Mr Hitt stated that the examples of the studio units on the back of the letter were included to show
what a typical studio layout might look like in an apartment buildmg, and also to show there are a variety of
studio layouts that are occurring in a number of current development buildings m the market. Mr Hitt
responded to comments made by Mr Fenton. He said that Tarragon would not develop a building that they
did not feel is sustainable and wouldn't put a number of studio units m an apartment that they do not feel they
can rent to responsible people.
Commissioner Ekberg asked Mr Hitt from his economic analysis and understanding of the market place
where does he see three bedroom apartments in the City of Tukwila.
Mr Hitt said that he does not see any problems with three bedroom apartments and having as many as the
market can sustain m Tukwila or in the overlay district. He said that they would personally have three
bedroom apartments if they felt it was the appropriate unit type for the project.
Commissioner Parrish asked Mr Hitt if he or Tarragon has any experience with the normality of converting
studio apartment to condos. Mr Hitt said that he has never worked on such a project. There was further
discussion on this issue and Commissioner Parrish pointed out that it would be unlikely for a conversion to
happen m the future.
Sharon Mann said from her real estate experience that it is not unusual for studio conversion in current
buildings and studios built as condos to be as small as 330 sq. ft. She said a studio is not an unsellable
product.
Pam Carter, citizen, stated that she supports all of the changes. Without some of these zoning changes it's
doubtful that this development can go forward. There have been regulations in the overlay district and there
have not been many changes. She said if you want the same results keep doing the same thing. She said if
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Planning Commission Minutes
August 27 2009
the guidelines are so restrictive no one is going to build there. Ms. Carter said the community supported
Tukwila Village because they wanted to see something happen. They want to see thmgs move forward and
you can not do that with the same regulations.
Derek Speck, Applicant, Economic Development Administrator, City of Tukwila, stated that he is available
to answer questions.
Commissioner Parrish asked Mr Speck to address the TIBAC recommendation versus staff's proposed
recommendations.
Mr Speck said there may have been a miscommunication, the TIBAC recommendation is a part of staffs
recommendation. It is the part pertammg to the studio size. The three set -back options are different than the
TIBAC recommendation but option 3 might be the closest one.
Chair Malma called for a recess at 8.30 PM.
Chair Malma reconvened the public hearing at 8 40 PM.
The public hearing was closed on case number L08 -082.
There were no further public comments.
The Planning Commission deliberated.
Commissioner Ekberg suggested a process of turning to the zoning recommendation in the packet and
moving through it page by page
Zoning Recommendations as listed in the August 20, 2009 staff report:
Number 1 Approved.
Number 2A and 2B PC Approved.
Letter C 1.a., option 3
Verbatim PC comments start at this point:
Commissioner Arthur stated that he has a problem with the bulk of a 65 ft structure (letter Cl, option 3)
I suspect I am going to be on the short end of the vote here but in looking at the work that has been done
over the past two years to establish the height limitations that we currently have on the Code, I see a lot of
work done by staff, then staff, by citizen groups, urban architects, and the Council to develop these height
limitations, and now to change these to change these and we come up with another 50% boost in the
height. I'm troubled by two things, one is dust the sheer increase in bulk, and the second would be we
probably are going to adopt this on the basis of staffs recommendation with a basis for that
recommendation primarily on it's needed for the development to occur And it's probably a deal breaker
According to statements made in last Monday night's Tukwila City Council meeting unless we get this
height, this is going to be a deal breaker for the Tukwila Village project.
Commissioner Malina, "Do you feel that the height is too tall
Commissioner Arthur; I don't see anything justify the height except two things, the developer needs it
and staff recommends it. I do not see the same degree of care and involvement from a wide spectrum in
the community that I saw when these existing height limitations were established. It's disappointing and
for that reason, I would not be in favor
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August 27 2009
Commissioner Malina, What would you recommend as the, again what we are doing is we're trying to
get through this thing and pass it on to the Council. The Council definitely probably is going to make
some changes to what we recommend but I think it important that we move this on from this body to the
Council. So whatever numbers that is created here and whatever verbiage that is created here, the
Council is going to see and may change or leave alone Maybe someone on the Council has your same
basic feelings when this comes before them, maybe the height is a little too tall for being abutted up to a
residential neighborhood and under an LDR.
Commissioner Arthur, I don't think the care and the effort has been put in coming up with something
that would justify me to say I like this height or I don't like this height or something of that nature.
Again, my concern is it's coming from a staff recommendation based on what I see as a single need and
that is to get the Tukwila Village project underway Looking at the responsibilities of a Planning
Commissioner we are supposed to make recommendations to the Council on landuse matters. That's one
of the responsibilities and that's what I think I'm doing here, I think ..feeding this thing for the
appropriate height, maybe it is 65 ft. I just don't think that works been put in to get there from here.
I don't think that the Planning Commission is responsible for approving or disapproving Tukwila Village.
I think the issue has been confused because most of the discussion here is relating to Tukwila Village
specifically and with the Tukwila Village development specifically If you want to know how I feel
about the Tukwila Village, ask me how I feel about Tukwila Village but I don't think a zoning change
along these lines on the basis it's being suggested is appropriate
If you want to go back to 1995 I understand TIBAC is the old Tukwila International Blvd Action
Committee or the Highway 99 Action Committee that pre -dated that and I was one of the original
members of that thing. I did take an interest in getting the 99 Corridor cleaned up, and I took an interest
in getting Tukwila Village put together and on its way After about, when we started this in 1995, doing
this, after about seven or eight years, you kinda see that the City is not going to get there from here at
least. .so I haven't been involved with it, Action Committee or TIBAC in recent years. It's nice to see
that you are doing something again. I just don't think there's been enough information here or the right
basis of information presented to make a favorable recommendation for this zoning change. Now it
seems we're being rushed to get something in the works to get Tukwila Village up and running and see it
come out of the ground. It seems like we are in a rush although this has been under way for at least two
years now so the timeframe we're rushing is still not very quick. It shouldn't be like this in my opinion
but I don't think I'm going to approve something for what I feel to be the wrong reason.
Commissioner Parrish, I will just make a statement. I very much appreciate Commissioner Arthur's
thoughts on this, I do support the 65 ft., I will vote for that and I'll point out that the majority of the
Commissioners walked around pretty much the entire overlay district looking at what 65 ft. will look like
and the potential impact on the neighborhood. At least in our minds we weren't thinking necessarily
about Tukwila Village but the entire overlay district so I'm comfortable with that.
Commissioner Peterson, I think I understand where Bill is coming from but also I have to acknowledge
that the reason why we passed the Comp Amendment was because we saw a need to initiate and ignite
some sort of re- development up there and that means taking some special actions that will encourage re-
investment up there and I think for those of us that took the tour we look and I know when we were taking
that tour there's an area there 42 Ave 140 up to TIB there's some housing there you'll notice there is a
special commercial re- development area where that had been an earlier effort to maybe re- develop the
type of housing that's there that could possibly be replaced by the type of housing that would be of higher
quality of life and safety for the individuals living there. As I said, I also looked at some and did some
rough calculations for the set -backs doing that ratio 1 1.5 and looking at the right -of -way up there on 42nd
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August 27 2009
where in some places it was almost 90 ft. I had to ask myself why were we stopping at 65 ft. instead of
132 ft. almost double. Not that I was indicating that. It just seemed like you could get to well beyond
what we were asking for, so it was a modest increment to possibly entice some development up there to
improve the quality of life for everyone that lives up there and maybe make that more of a shiny area
instead of an area that is going into decay and possibly will. We need to improve that area. I can't say
any more I think the 65 ft. is a moderate increment and it might not be enough to get the job done.
Commissioner Ekberg If we are just talking about the 65 ft. currently our zoning for that area allows 45
ft. in height adjacent to International Blvd. What we're asking here to approve is another additional 20 ft.
Recognizing that the policy that we're putting before us is only for those lots that are adjacent to the
International Blvd. Have 100 ft. of width along the Blvd. so at this point I am comfortable with that
policy we are putting in the place, the rules that would guide that policy and increasing the opportunity
from 45 ft. to 65 ft. along International Blvd.
Commissioner Malina I'm going to have to concur with you. The area does need some improvement.
It's been on the books for a long time and to move on with the project. City Council may end up
changing that figure but I think that we need to get this thing moved on so I will concur with that 65 So
it looks like we have a consensus.
Verbatim Minutes discontmued.
Commissioner Parrish said that he is comfortable with Option 3
Commissioner Peterson noted that he supported staff's original position and believes it was the right
way to go He will support Option 3
Commissioner Ekberg said he is in favor of Option 3
Commissioner Arthur said with respect with the options on the table, Option 3 appears to be the best of
the three choices. He said he appreciates the involvement of TIBAC and getting involved in the aspect of
it.
Commissioner Malina said that he is in support of Option 3
Zoning Recommendations as listed in the August 20, 2009 staff report:
Letter C 1 b, Approved.
Commissioner Malina stated that he has a problem with the verbiage (letter C,1,c.), `smaller than 450 sq
ft' He stated that he would rather the minimum size unit be 500 sq ft.
Commissioner Parrish stated he is comfortable with the recommendation as shown.
Commissioner Peterson stated he is comfortable 450 sq ft.
Commissioner Ekberg stated that he was excited to see the new verbiage to allow flexibility and that he
likes the opportunity for the market to bear the demand.
Commissioner Arthur stated that he is opposed to the 450 sq ft. He noted that the recommendation is
lower than what was in the analysis. He said that he has a problem with relying on something that varies
with data, which had been presented by staff, and the sole recommendation is coming basically from the
Page 8 of 8
Planning Commission Minutes
August 27 2009
developer He said he would rather see 500 sq ft. He also said that having 40% of the dwelling units to
be studio seems high to him.
Zoning Recommendations as listed in the August 20, 2009 staff report:
Letter C.1.c., Approved, Commissioner Malma and Arthur opposed.
Letter C.1.d., Approved.
Letter C 1 e.,
Number 2a,
Number 2b,
Number 2c,
Number 2d,
Number 2e,
Number 2f,
Number 2g,
Approved.
Approved.
Staff made a correction on the verbiage to read, `at least 75% of required residential
parking PC Approved as revised.
Staff made a correction to put parenthesis around the following text, (except for the width
of the garage access when site conditions allow) PC Approved as revised.
Approved.
Approved.
Approved.
Approved
COMMISSIONER EKBERG MADE A MOTION TO APPROVE CASE NUMBER L08 -082 RE-
ZONE ZONING CODE CHANGE, ADOPT ALTERNATIVE DEVELOPMENT STANDARDS
AND CRITERIA FOR THE PROPOSED URBAN RENEWAL OVERLAY DISTRIST BASED
ON STAFF'S FINDINGS, CONCLUSIONS AND REVISED RECOMMENDATIONS.
COMMISSIONER PARRISH SECONDED THE MOTION MOTION CARRIED; WITH
VOTES BY COMMISSIONER EKBERG, PARRISH, MALINA AND PETERSON
COMMISSIONER ARTHUR DISSENTED
Commissioner Arthur stated that it troubles him that we are making a zoning change decision for the
wrong reason. I stated that earlier I think I have two major problems, one is the way it is being brought
forward with staff's recommendation with really no justifications other than the developer wants it.
That's the most compelling thing. I think the thing that troubles me most, past administration and past
directorships we've seen concern that let's run this past the Fire Department, lets run this pass the Police
Department on the basis of protecting the health, safety, and the welfare of individuals of the City Then I
see something like what we have received from the chief ..and I would like this written into the record.
When the Fire Department was asked for their input on this, which I think is an integral part of just about
anything we do The response in part says, and this is from Chief Olivas, "Our concerns involve issues
pertaining to building and fire code requirements we have not approved anything related to the proposed
Tukwila Village site as we have not seen anything other than conceptual drawings. We told the vendor in
a meeting April, 08 that the conceptual plans were not acceptable and that changes would be required.
Again we have not seen any plans since that meeting and have not conveyed any approvals." I think that
should be contained in the minutes to go forward to the City Council. I'm disappointed that there is a
lack of communication to that extent between Planning and the Fire Department and. ..and staff
DIRECTOR'S REPORT
Meeting adjourned. 10.35 PM
Submitted by Wynetta Bivens, Secretary
RAINBOW TRAILER HAVEN
Unit #18 Mobile Home.
Notice Order, File RFA 09 -164
The addition to this mobile home has been removed and the separation from other units
is adequate on all sides. Separation is O.K.
1 The second exit door has been blocked or otherwise eliminated. This second door
must be re installed and proper exit door hardware must be installed. Double
keyed dead bolts are not permitted on exit doors. A building permit is not
required for installation of the second exit door and hardware However, the
completion of this work will be subject to a final inspection by Code
Enforcement.
2. A new electrical service pedestal has been installed for this umt. The electrical
connection must be by a properly sized cable and receptacle plug. This will be
inspected during the final inspection.
3 Propane fuel tanks must be properly connected to the appliance they serve and
shall be secured in place to prevent displacement. This also will be inspected
during a final inspection.
4 When all work is completed call Code Enforcement at 206/ 431 -3670 and request
a final inspection.
emsgssszap Zoning Lines
Townhome Project Area
I Proposed Medium Density Residential (MDR) to High Density Residential (HDR)
Osterly Park Townhomes
L08.077 Comprehensive Plan Amendment Medium Density Residential (MDR) to High Density Residential (HDR)
L09.002 Rezone Medium Density Residential (MDR) to High Density Residential (HDR)
A
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Zoning Lines
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Attachment D
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Figure 18-15
Attachment G
BACKGROUND
City of Tukwila
INFORMATIONAL MEMORANDUM
TO Mayor Haggerton
Community Affairs and Parks Committee
FROM Jack Pace, Community Development Director�`y
DATE September 10, 2009
SUBJECT 2009 Housekeeping Code Amendments
ISSUE
DISCUSSION OF THE PROPOSED CHANGES
Jim Haggerton, Mayor
Should the Tukwila Municipal Code be amended to include some housekeeping code
changes that range from code clarification to updating development regulations and
permit processes?
Staff had previously briefed Community Affairs and Parks Committee on May 11, 2009,
regarding a number of housekeeping code amendments The Committee decided to
forward the proposed amendments to Planning Commission for consideration and
review Planning Commission was briefed on the proposed amendments on June 25,
2009 A couple of additional items were added to the list after briefing the Committee on
July 27, 2009 Planning Commission held a public hearing on all the proposed changes
on August 27, 2009 and their recommendations are reflected in the attached ordinance
in the underline /strikeout format.
Listed below is the summary of the proposed changes that have been incorporated in
the attached draft ordinance
1 Section 1 of the draft Ordinance adds an expiration date to Binding Site
Improvement Plans similar to Short Plat or Boundary Line Adjustment
applications
2 Section 2 of the draft Ordinance This section amends the following definitions
a) Definition of a hotel and motel has been amended to limit the
accommodation to 30 days, in order to be consistent with International
Building Code Also, a definition for an extended -stay lodging facility is
added Further the stay in an extended -stay is limited to 180 days, and
extending -stays are allowed in all zones that allow hotels /motels. These
changes have been incorporated in Section 10 through 19 of the draft
ordinance
b) Per TMC 18 06 505, Lot Area means the total horizontal area within the
boundary lines of a lot and exclusive of street right -of -way, street
easement, or private access roads serving more than one lot authorized
pursuant to the subdivision ordinance This definition does not address the
fire lanes which in many cases are similar to the private road but are
INFORMATIONAL MEMO
Page 2
meant to serve more than one lot. Planning Commission recommended
including the area of the private road that serves up to 4 lots in the lot area
for the purposes of meeting minimum lot area requirements
c) A new definition of a religious facility has been added The current code
lists churches as a use but there is no definition
d) Per TMC 18 06 740, roof eaves may intrude a maximum of 18 inches into
the required setbacks Staff recommended that this 18 inch overhang may
also be allowed for other type of overhangs (such as a bay window) if it is
approved as part of design review approval of a project and the overhang
helps in providing modulation of the facade Planning Commission
recommended increasing the 18 inch overhang to 24 inch in addition to
allowing other types of overhangs besides roof eaves
e) Limited access state routes such as 1 -5 and 1 -405, private access
easements and subdivision tracts for access are considered streets
according to the Zoning Code's definition This effects the type of lots
(corner, through) and their setbacks and landscape requirements The
definition of street has been amended to include such streets for the
purposes of determining types of lot and their setbacks and landscaping
requirements
3 Section 3 through 19
a) The list of primary uses in all zones has a category that lists "other uses
not specifically listed in this title which the Director determines to be
similar in nature to and compatible with other uses permitted outright
within this district, consistent with the stated purpose of this district and
consistent with the policies of the Comprehensive Plan" However
accessory uses are limited to those specifically listed A category similar to
the "other uses that are customarily accessory to the listed permitted
uses" and that are determined by the Director to be consistent with the
Comprehensive Plan has been added to the list of accessory uses in all
zones
b) The thresholds for when design review is required in LDR, MDR and HDR
zones needed to be clarified The proposed changes require design
review for all institution changes in LDR zones Also, the existing code
does not have any thresholds for remodels or renovations of multi family
developments In commercial zones if the cost of any exterior work equals
or exceeds 10% of the building's assessed value then the project is
subject to design review Staff recommended similar threshold for
residential projects in MDR and HDR zones Planning Commission
concurred with staff These changes have been incorporated in Section 3,
4 and 23 of the draft ordinance
c) Churches are listed as Conditional Uses in a number of zones It came to
the City's attention that there may be about thirty small churches that are
located in multi- tenant commercial buildings The definitions section was
amended to include a broader definition of a religious facility that would
include churches as well as synagogues, mosques etc Further, under the
proposed changes, a facility in residential zones would still require a
Conditional Use Permit, but only a larger facility in commercial zones, with
H:101d Q DrivelMisc code amendments12009 Housekeeping Code changes- CAP3.doc
INFORMATIONAL MEMO
Page 3
more than 50 attendees would require a Conditional Use Permit. Planning
Commission agreed with staffs recommendations and these changes are
reflected in the attached ordinance Per International Building Code the
occupancy load of 50 people equates to 750 square feet of floor area,
therefore any religious facility with an assembly area of less than 750
square feet is listed as a permitted use in all commercial zoning districts
and those with area larger than 750 square feet will continue to require a
Conditional Use Permit. Sections 3 thru 19 of the ordinance address these
changes
d) Mixed Use Office zone lists the maximum height as 3 stories or 45 feet.
Most of other zones have a requirement of either 3 stories /35 feet or 4
stories /45 feet. The proposed changes will allow 4 stories /45feet in MUO
zone This is reflected in Section 6 of the Ordinance
e) Extended -stay hotels /motels are listed as permitted uses in all zones that
currently allow hotels /motels. These changes are reflected in Section 10
through 19 of the draft ordinance
4 Section 20 The Department of Community Development will sometimes receive
technical reports as part of land use applications that require peer review, such
as noise reports, lighting plans, parking demand studies, geotechnical reports,
structural review reports etc. The code addresses peer review of geotechnical
reports and structural review reports and the applicant is already responsible to
reimburse the City for peer review expenses However peer review of
miscellaneous reports such as noise reports, lighting plans and parking demand
studies is not addressed in the code The proposed changes will add a section to
the zoning code to address that these technical reports may undergo peer review
at the expense of the applicant.
5 Section 21 This section amends the Landscape Chapter of the Zoning Code to
include landscaping requirements for institutional uses in Low Density Zone,
adds plant and soil specifications, and allows flexibility in the required front yard
landscaping so that the required width may be divided between the perimeter
strip and one or more other landscape areas between the building and the front
property line
6 Section 22 This section amends the Parking Chapter of the Zoning Code to
allow a two foot overhang in the landscape area for the regular and compact
stalls Also, the parking determination for Parks has been changed to an
administrative decision instead of the Planning Commission approval
7 Section 23 This section establishes when a multifamily development in MDR and
HDR zones is subject to design review
8 Section 24 This section clarifies the term "occupancy permit" as it is used in the
Zoning Code Sections 96 030, 060 and 070 There is no definition of an
occupancy permit in the Zoning Code However an occupancy permit in the
Zoning Code has a different meaning than an occupancy permit in the Building
Code The occupancy permit in the Zoning Code is interpreted by the Planning
H:IOld Q Drive\Misc code amendments12009 Housekeeping Code changes- CAP3.doc
INFORMATIONAL MEMO
Page 4
Department to mean the review and recording of zoning compliance as
accomplished through the building permit and business license application
procedures
9 Section 25 This section amends the Permit Types and Procedures section of the
Zoning Code
a) The City received a letter from Washington Cities Insurance Authority
recommending that all quasi judicial decisions be made by the Hearing
Examiner as opposed to the Planning Commission and the City Council
The Community Affairs and Parks Committee was previously briefed on
this item Staff recommended that the decision makers for most quasi
judicial decisions be changed to the Hearing Examiner, however decision
makers for certain decisions such as unclassified use permits, design
review and rezones be kept the same until such time that substantive
changes are made the approval criteria. Planning Commission's
recommendations are reflected in the attached ordinance
b) In order to allow postcard mailing for city notices references to First Class
mailing and 81/2 x11 inch site plan requirement have been deleted
Further, email notification is allowed where the parties of record choose to
receive this form of notification Also, payment in lieu of providing mailing
labels has been referenced
10 Section 26 This section allows parking in the rear yard setback of a single family
residence where it is connected to a rear alley
RECOMMENDATION
The Committee is being asked to forward the Planning Commission's recommendations
to the Committee of the Whole for discussion and a public hearing on September 28,
2009 and subsequent October 5, 2009, Regular Meeting
ATTACHMENTS
A. Planning Commission meeting minutes from June 25, 2009 and August 27, 2009
B Draft Ordinance
H:IOId Q DrivelMisc code amendments12009 Housekeeping Code changes- CAP3.doc
The meeting was called to order by Chair Malna at 7 PM.
Absent: Commissioner; Chuck Parrish
Chair Malina opened the worksession at 7 PM.
PLANNING COMMISSION (PC)
WORKSESSION
MINUTES
JUNE 25, 2009
ATTACHMENT A
Present: Chair, George Malma, Vice Chair, Bill Arthur; Commissioners, Allan Ekberg, Margaret
Bratcher, Lynn Peterson and Brooke Alford
Representing
City Staff: Nora Gierloff, Minnie Dhaliwal and Wynetta Bivens
Minnie Dhaliwal, Planning Supervisor, Department of Community Development, addressed
miscellaneous code housekeeping issues that she stated needed to be clarified in the code. She said that
after staff receives policy directions from the Planning Commission, staff will return with an ordinance.
Then a public hearing will be held on the ordinance. The CAP was briefed on these issues and once the
Planning Commission has made a recommendation it will be forwarded to the City Council.
1 Currently churches are listed as a Conditional Use in a number of zones in the city However, there
are approximately 30 small churches operating in single story retail stnp mall locations without a
Conditional Use Permit. However, there are no impacts, parking or fire safety issues.
Staff is recommending amending the definition of a religious facility to read.
"A facility operated for worship, prayer, meditation or similar activity by an organization granted tax
exempt status by the IRS."
Staff has proposed three policy options on the approval process for a religious facility in a non residential
zone as listed m the June 26, 2009 staff report.
Staff recommends option A "Religious facilities where no more than 50 attendees regularly gather at
one time could be permitted outright, subject to meeting all applicable building and fire codes."
A Conditional Use Permit would still be required if there are more than 50 attendees and/or in residential
zones.
Approved Option A.
2 Landscaping Chapter
Staff recommends two updates. as listed in the June 26, 2009 staff report, to provide clarity and to
streamline the permit process.
Approved.
3 Permit Application Types and Procedures section of the TMC
Page 2 of 3
Planning Commission Minutes
June 25, 2009
Staff recommends seven (a -e) updates. as listed in the June 26, 2009 staff report.
a) There was concern expressed regarding: procedures related to Notice of Application and Notice of
Hearing 8 '/2 x 11 mailings being replaced with a postcard.
Suggestions from PC 1) Consider using color postcards; 2) Strike the words, "and web site updates"
b) Approved.
c) Approved.
d) Preliminary approval for a Subdivision pertaining to Design Review projects shall be made by the PC
and is forwarded to CC for final approval.
e) Approved.
f) It was clarified that the length of time for Short Plats and Boundary Line Adjustment applications is
one year with a one year extension.
g) Approved with one revision remove the following verbiage, "Parking determination for City Parks is
to be made by the PC
4 Miscellaneous code amendments
Staff recommends eight (a -h) amendments. as listed in the June 26, 2009 staff report.
a) Approved.
b) PC was concerned this amendment would create difficulty for small projects.
c) PC asked staff to look at the legislative history as it may be intentional.
d) Staff will research this recommendation further
e) PC recommended that staff look into establishing different size thresholds based on the lot sizes.
f) Approved.
g) PC recommendation Allow up to four lots to include the private road area in the lot area calculation
to meet minimum lot size requirements.
h) Approved.
5 Department of Community Development code interpretations that date back to 1970's and 80's.
Staff recommends codifying seven codes. as listed in the June 26. 2009 staff ren ort. (If applicable)
a) Staff needs to provide the current height definition to the PC.
b) Approved.
c) Approved.
d) Approved.
e) Approved with the addition of vegetation.
f) Approved.
h) Approved.
6 Correct typos or incorrect references (a-1), as listed in the June 26, 2009 staff report, through out the
code.
A public hearing will be held on the proposed changes to the code amendments on July 23, 2009 An
ordinance with the revisions to the code language will be prepared for the public hearing.
DIRECTOR'S REPORT
Nora noted that she sent the PC an email regarding the language for temporary Chair, which was
provided from Shelley Kerslake. Discussion will take place on the issue at a later date.
In consideration of violation of the open public meetings act in the future information Nora
sends to the PC via email will be sent to them individually and PC should respond individually
There cannot be a quorum sending/responding to discussions. A handout was provided regarding
the pitfalls of emails.
Page 3 of 3
Planning Commission Minutes
June 25 2009
Staff is working on the TUC Update and will be meeting with EcoNorthwest, the economic
consultant to determine how studies can be updated.
PC was polled regarding scheduling a worksession on July 8, 2009 with the economic consultant
to give the PC the opportunity to meet them and have a Q &A session.
Adjourned. 10 40 PM
Adopted. 7/23/09
Submitted By Wynetta Bivens
Secretary
PLANNING COMMISSION
PUBLIC HEARING MINUTES
AUGUST 27, 2009
The meeting was called to order by Chair Malina at 7.00 PM
Present: Chair, George Malina, Vice Chair, Bill Arthur; Commissioners, Chuck Parrish, Allan
Ekberg and Lynn Peterson
Absent: Commissioner Brooke Alford and Margaret Bratcher
Representing
City Staff:
Nora Gierloff, Rebecca Fox, Minnie Dhaliwal and Wynetta Bivens
DRAFT
COMMISSIONER PARRISH MADE A MOTION TO ADOPT THE PUBLIC HEARING
MINUTES FROM JULY 23, 2009 COMMISSIONER ARTHUR SECONDED THE MOTION,
THE MOTION WAS UNANIMOUSLY APPROVED
Chair Malina swore in those wishing to testify
PLANNING COMMISSION PUBLIC HEARING
Chair Malina opened public hearing.
CASE NUMBER. L09 -028
APPLICANT City of Tukwila
REQUEST A series of proposed housekeeping code amendments ranging from code
clanfication to policy decisions regarding allowed uses and development
standards.
LOCATION City wide
Minnie Dhaliwal, Planner, Department of Community Development, gave the presentation for staff. The
PC were previously briefed on the code amendments and provided staff some direction on the proposed
changes and requested staff return with modification to some codes. Two additional items were added
since the PC was briefed. One pertained to land use decisions and decision makers, and based on the
recommendations of the Insurance Authority that recommended that the quasi-judicial decisions are made
by the Hearing Examiner; the second item relates to hotel /motel definitions. The City Attorney is in
agreement with the Insurance Authority's recommendations. Staff conducted a review on substantive
code issues to determine what could be moved to the Hearing Examiner and what would create a problem.
It was determined that it was not appropriate for Design Review items to go to the Hearing Examiner
Therefore, staff recommended that Design Review is not moved to the Hearing Examiner until such time
that substantial changes are made to design review criteria.
In an attempt to cleanup the definition of hotels and motels, which are not consistent with the building
code, it was determined that extended -stays need to be defined. Staff clarified that there was a third item
added to the list previously reviewed by PC. This was related to adding some language that the applicant
shall be responsible for payments when peer review studies need to be completed for noise reports,
lighting plans, and parking demand studies.
Then there was discussion of proposed changes that were previously reviewed by the PC and PC asked
for additional information or there was consensus on the proposed changes.
Page 2 of 3
Planning Commission Minutes
August 27 2009
1 Definition for religious facilities and the allowance of smaller facilities as permitted uses.
There were three options and PC had consensus on staff's recommendation for option A.
2. Landscaping Chapter
PC had consensus on staffs recommendation.
3 Permit Application Types and Procedure section of TMC.
PC requested to see samples of the postcards for mailings. Staff provided samples.
Applicant may choose to pay City to generate mailing labels. Staff has the ability to create
labels in GIS Changes were incorporated in the ordinance.
PC is the decision maker for preliminary approval for Sub Divisions. Final approval is City
Council.
Thresholds for Design Review multi- family and remodels captured.
Parking Determination for Parks was kept at an administrative decision.
4 Other miscellaneous code amendments.
Paving requirements, parking allowed in the rear of a single family home as long as there is an
alley in the back. Staff did not return with any other changes to the paving because there is
language in the code that is sufficient.
Mixed use office zone. PC expressed concern about lowering height to three stories and 35 ft.
Staff revised the proposed to four stories and 45 ft.
Recycling storage space 1 '/2 sq. ft. is consistent with other jurisdictions, no changes proposed.
Garages and sheds being accessory structures. Concern expressed regarding proportion size of
garage to size of lot. PC suggested that the current code not be changed and to schedule a
separate meeting to continue discussion for future changes. Staff suggested this item be pulled
and come back to the PC when future code amendments come to the PC.
Language added on accessory uses, `other uses similar to and being consistent with the policies
of the Comprehensive Plan.'
Lot area definition. PC gave directions to allow 4 lot short plats to include the area of the
private road in the lot area, the definition of `lot area' was changed so this is reflected.
Change Definition needs to include fire access roads, which is included in the ordinance.
PC had consensus with the change.
Building Height. No changes to the definition, parapets not included.
5 Code Interpretations
Occupancy Permit. Clean up changes made.
Parking stalls. PC wanted to treat compact stalls and regular stalls the same, allow both to have
2 ft. overhang in the landscape area, change reflected.
Front yard landscape. No comments.
Sight distance requirements for fences on corner properties. Reference to the AASHTO in
Public Works Design Manual. No changes necessary
Limited access state routes such as I -5 and 1 -405 be considered as street under the street
definition for the purposes of determining the type of lot. Changes incorporated in the
Ordinance.
Define and set policy for temporary portable office structures. PC recommendation was to
allow the underline zoning to regulate the placement and aesthetics of these structures. No
changes needed to the code.
6 Corrections
Correction of typos or incorrect references through out the code can be corrected as part of the
codifying process and do not need to be included in the ordinance. (6,a j)
7 Definition of hotel and motel Definition
Revised definitions were provided in hard copy at the public hearing. Changed to add the 30
day limitation in order to be consistent with the building code. Therefore, a new definition
for extended -stay was added for stays longer then 30 -days. Additional changes verbiage
regarding kitchens, the number of units and language about requiring bathrooms
Page 3 of 3
Planning Commission Minutes
August 27 2009
Commissioner Ekberg proposed changing the 18 inches overhang into the setback to 24 inches.
Commissioner Peterson recommended leaving the overhang at 18 inches.
Don Tomaso, Fire Marshall, City of Tukwila stated that houses built in the areas that were incorporated
from King County have 24 inch overhangs.
Commissioner Malina requested that the 18 inches of overhang be changed to 24 inches. Four were in
favor of the change and Commissioner Peterson was opposed.
Staff asked for clarification that in addition to the roof eaves if other overhangs such as bay windows
should also be allowed 24 inches within the setback. Commissioner Malina stated yes.
Commissioner Ekberg pointed out the corrections.
On the top of page 2, 3 sentence, after `through' add the word `lot'
In the 4 sentence after word `connected' add the word `to'
On page 3, section 18 06.585, add RVs to line 4
On bottom of page 3, change 18 inches to 24 inches.
Section 3, pull for future discussion.
Page 79, keep Planned Residential Development as a City Council decision.
Staff changes
Page 80, Shoreline Conditional Use Permit. Move to Heanng Examiner as decision maker
Page 80, Wireless Communication Facility, Major Move to Hearing Examiner as decision maker
Explanation was given on who the Hearing Examiner is and their responsibilities.
In summary there were five changes to the ordinance:
Hotel/Motel Definition
Fire Access Road
Change 18 inches of overhang in setback to 24 inches.
Decision Makers
No changes to the garage size.
COMMISSIONER MALINA MADE A MOTION TO APPROVE CASE NUMBER L09 -028 ON
STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS AND CHANGES TO THE
ORDINANCE. COMMISSIONER ARTHUR SECONDED THE MOTION ALL WERE IN
FAVOR.
DIRECTOR'S REPORT
Meeting adjourned. 10 PM
Submitted by Wynetta Bivens, Secretary
DRAFT ATTACHMENT B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE TITLE 18 "ZONING
CODE" AND TITLE 17 "SUBDIVISION AND PLATS" TO INCORPORATE A
VARIETY OF HOUSEKEEPING CODE AMENDMENTS, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the zoning code of the City of Tukwila fists churches as a conditional
use regardless of the size and does not fist other religious facilities and in the past all
religious facilities have been regulated similar to churches, and the council wishes to
amend the code to list religious facility as a separate use category and not require a
conditional use process for smaller facilities, and
WHEREAS, there are some updates needed to the landscape chapter to clarify
landscaping requirements for institutional uses in Low Density Zones, and to add
specifications for plant materials and soil, and
WHEREAS, the zoning code of the City of Tukwila lists permit application types
and procedures and the city has received recommendations from Washington Cities
Insurance Authority for amendments regarding decision makers and appeal bodies and
the city wishes to update its permit types and procedures based on WCIA's
recommendations, and
WHEREAS, the zoning code of the City of Tukwila establishes procedures for
public notice and the city wishes to update the mailing procedures to allow postcard
mailings and email notifications, and
WHEREAS, the zoning code of the City of Tukwila establishes various procedures
for different types of permits and the city wishes to clarify those procedures including
establishing an expiration dates for Binding Site Improvement Plans, clarifying when
design review is required for multifamily developments, changing the parking
determination for City Parks to be an administrative process, defining an occupancy
permit as used in the zoning code; adding a requirement that review of technical studies
may undergo peer review at the expense of the applicant; and
WHEREAS, the zoning code of the City of Tukwila establishes various development
standards and the city wishes to clarify and/or amend those development standards
including clarifying the height in MUO zone; expanding the list of accessory uses,
clanfying the lot area definition to include the area of private road that serves up to four
lots, increasing the roof eaves overhang in the setback area to 24 inches and allowing
other types of overhangs in the setback area if approved as part of design review
approval, allowing parking stalls to overhang two feet in the landscaping area, allowing
front yard landscaping to be divided into a perimeter strip and other areas between the
1
building and front property line, clarifying the definition of street to include freeways and
private access roads for the purposes of determining the type of lot- corner or through lot;
clarifying that parking in the rear setback of a single family home is allowed if it is
connected to a rear alley; changing the definition of hotel /motel to be consistent with
International Building Code and adding a definition for an extended stay lodging facility;
WHEREAS, on August 27, 2009 the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending
the zoning and subdivision code and adopted a motion recommending the proposed
changes,
WHEREAS, on the Tukwila City Council, following adequate public
notice, held a public hearing to receive a testimony concerning the recommendations of
the Planning Commission,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1. A new section is hereby added to TMC Chapter 17 16, Detailed
Procedures for Binding Site Improvement Plan, as follows
TMC 17.16.070 Expiration
If the Binding Site Improvement Plan (BSIP) is not recorded within one year of the date
of the preliminary BSIP, the BSIP shall become null and void. Upon written request by
the applicant prior to the expiration date, the Short Subdivision Committee may grant one
extension of not more than one year.
Section 2. TMC Chapter 18 06 Definitions is hereby amended as follows.
TMC 18 06 073 Boarding House
"Boarding house" means a residential building or use which provides housing on a short
term commercial basis for tenants. The following uses are excluded, Bed and breakfast
facilities, hotels and motels. extended -stav hotels or motels. shelters, and facilities which
provide short or long -term care for tenants suffering from physical, mental or other
disabilities.
TMC 18.06.287 Extended -Stav Hotel or Motel
"Extended stay hotel or motel" means a building or buildings or portion thereof, the
units of which contain independent provisions for living, eating and sanitation
including, but not limited to, a kitchen sink and permanent cooking facilities, a
bathroom, and a sleeping area in each unit, and are specifically constructed, kept, used,
maintained, advertised, and held out to the public to be a place where temporary
residence is offered for pay to persons for a minimum stay of more than thirty (301 days
and a maximum stay of six (61 months per year. Extended stay hotels or motels shall not
2
include dwelling units, as defined in this section, for permanent occupancy. The
specified units for extended -stav must conform to the reauired features, building code,
and fire code provisions for dwelling units as set forth in this code. Nothing in this
definition prevents an extended -stav unit from being used as a hotel or motel unit.
Extended stay hotel or motels shall be reauired to meet the hotel /motel parking
reauirements. Not included are institutions housing persons under leg al restraint or
reauiring medical attention or care.
18 06 440Hotel
"Hotel" means a building. or buildings or portion thereof. the units of which are used.
rented or hired out as sleeping accommodations only for the purposes of transitory
housmg.designed or used for the transient rental of five or more units fer sleeping
pufpeses. Hotels rooms shall have their own private toilet facilities. and may or may not
have their own kitchens facilities. Hotels shall not include dwelling units. as defined in
this section. for permanent occupancy. A central kitchen and dining room and accessory
shops and services catering to the general public can be provided. No room may be used
by the same person or persons for a period exceeding thirty (30) calendar days per year.
Not included are institutions housing persons under legal restraint or requiring medical
attention or care.
18 06 505 Lot Area
"Lot area" means the total horizontal area within the boundary lines of a lot and exclusive
of street right -of -way, street easement, fire access roads or private access roads except
where the private road serves four or fewer lots. mere than one lot authorized pursuant to
the subdivision ordinance.
18 06 585 Motel
"Motel"
inn and similar nam:.. A motel is means a building or buildings or portion thereof.
detached or in connected units er designed as a single structure, the units of which are
used. rented, or hired out as sleeping accommodations only for the purposes of transitory
housing. A motel includes tourist cabins. tourist court. motor lodge. auto court. cabin
court, motor inn and similar names but does not include accommodations for travel
trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities,
and may or may not have their own kitchen facilities. Motels are distinguished from
hotels primarily by reason of providing adiommg parking and direct independent access
to each rental unit. Motels shall not include dwelling units, as defined in this section, for
permanent occupancy. No room may be used by the same person or persons for a period
exceeding thirty (30) calendar days per year. Not included are institutions housing
Persons under legal restraint or reauiring medical attention or care. as individual sleeping
or -dwelling units having their own private toilet facilities, and may or may not have their
facilities, and are designed primarily for the accommodation of transient
18.06.682 Religious Facility.
3
"Religious Facility" means a facility operated for worship, prayer. meditation or similar
activity by an oraamzation granted tax exempt status by the Federal Internal Revenue
Service.
18 06 740Setbacks
"Setbacks" means the distances that buildings or uses must be removed from their lot
lines except that roof eaves may intrude a maximum of 24 inches into this area. A
maximum 24 inch overhang may also be allowed for portions of a building (such as a bay
window) if approved as part of design review approval where the overhang provides
modulation of the facade.
18 06 795 Street
"Street" means a public thoroughfare which affords the principal means of access to
abutting properties. Limited access state routes such as I -5, I -405, SR 518. subdivision
tracts dedicated for access, private easements for access and streets that provide no access
to abutting properties shall be considered streets for the purposes of determinina the type
of lots such as corner or through lots and their setbacks and landscape reauirements.
Section 3. TMC Chapter 18 10 Low Density Residential is hereby amended as follows
18 10 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Low Density Residential District.
1 Adult day care
2. Accessory dwelling unit, provided.
a. minimum lot of 7,200 square feet;
b accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less,
c one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single- family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3 Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone
4 Garage or carport (private) not exceeding 1,500 square feet in floor area,
provided it is located on the same lot as the principal use and is subject to the regulations
affecting the main building.
4
5 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square
feet in floor area.
6 Home occupations.
7 Institutional uses such as hospitals, food banks, schools, or government
facilities may have two cargo containers per lot with approval as a Type 2 decision,
criteria are listed at TMC 18.50 060
8 Parking areas.
9 Private stable, if located not less than 60 feet from front lot line nor less than
30 feet from a side or rear lot line. It shall provide capacity for not more than one horse,
mule or pony for each 20,000 square feet of stable and pasture area, but not more than a
total of two of the above mentioned animals shall be allowed on the same lot.
10. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outright within this
district: and
b. consistent with the stated purpose of this district: and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18 10 040 Conditional Uses
The following uses may be allowed within the Low Density Residential District, subject
to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1 Bed and breakfast facilities, provided.
a. the manager /owner must live on -site,
b the maximum number of residents, either permanent or temporary, at any
one time is twelve,
c two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e. breakfast must be offered on -site to customers, and
f. all necessary permits or approvals are obtained from the Health
Department.
2. Cemeteries and crematories.
3 ChurchesReliaious facility and community center buildings.
4 Dormitories
5 Electrical substations distribution.
6 Fire and police stations.
7 Libraries, museums or art galleries (public).
8 Radio, television, microwave, cellular or observation stations and towers.
9 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
10 Schools, preschool, elementary, junior and senior high schools (public), and
equivalent private schools.
5
18 10 055Design Review
Design Review is reauired for all conditional and unclassified uses. Design review is also
required for developments in a Commercial Redevelopment Area that propose the uses
and standards of an adjacent commercial zone (See TMC Chapter 18.60, Board of
Architectural Review)
Section 4. TMC Chapter 18 12 Medium Density Residential is hereby amended as
follows
18 12 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Medium Density Residential
District.
1 Adult day care
2. Accessory dwelling unit, provided.
a. Minimum lot of 7,200 square feet;
b Accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less,
c. one of the residences is the primary residence of a person who owns at
least 50% of the property;
d. Dwelling unit is incorporated into the primary detached single- family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time,
e. Minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet, and
f. the units are not sold as condominiums.
3 Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
4 Garage or carport (private) not exceeding 1,500 square feet in floor area,
provided it is located on the same lot as the principal use and is subject to the regulations
affecting the main building.
5 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square
feet in floor area.
6 Home occupations.
7 Institutional uses such as hospitals, food banks, schools, or government
facilities may have two cargo containers per lot with approval as a Type 2 decision,
criteria are listed at TMC 18 50 060
8 Parking areas.
9 Private stable, if located not less than 60 feet from front lot line nor less than
30 feet from a side or rear lot line. It shall provide capacity for not more than one horse,
mule or pony for each 20,000 square feet of stable and pasture area, but not more than a
total of two of the above mentioned animals shall be allowed on the same lot.
6
10. Other uses that are not specifically in this Title which the Director
determines to be.
a. uses that are customarily accessory to other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18 12 040 Conditional Uses
The following uses may be allowed within the Medium Density Residential District,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title
1 Bed and breakfast facilities, provided.
a. the manager /owner must live on -site,
b the maximum number of residents, either permanent or temporary, at any
one time is twelve,
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e breakfast must be offered on -site to customers, and
f. all necessary permits or approvals are obtained from the Health
Department.
2. Boarding houses.
3 Cemeteries and crematories.
4 ChurchesRehaious facility and community center buildings.
5 Convalescent and nursing homes for not over 12 patients.
6 Dormitories.
7 Manufactured/mobile home park, meeting the following requirements.
a. the development site shall comprise not less than two contiguous acres,
b overall development density shall not exceed eight dwelling units per
acre;
c vehicular access to individual dwelling units shall be from the interior of
the park; and
d. emergency access shall be subject to the approval of the Tukwila Fire
Department.
8 Electrical substations distribution.
9 Fire and police stations.
10 Libraries, museums or art galleries (public)
11 Radio, television, microwave, or observation stations and towers.
12. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
13 Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
7
18 12 060Design Review
Design review is required for all new multi- family structures, mobile or manufactured
home parks, and for developments in a Commercial Redevelopment Area that propose
the uses and standards of an adjacent commercial zone. Multi- family structures up to
1,500 square feet will be reviewed administratively
(See TMC Chap 18 60, Board of Architectural Review
Section 5. TMC Chapter 18 14 High Density Residential is hereby amended as
follows
18 14 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the High Density Residential
District.
1 Adult day care
2. Accessory dwelling unit, provided.
a. minimum lot of 7,200 square feet;
b accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less,
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3 Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
4 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square
feet in floor area.
5 Home occupations.
6 Institutional uses such as hospitals, food banks, schools, or government
facilities may have two cargo containers per lot with approval as a Type 2 decision,
criteria are listed at TMC 18.50 060
7 Parking areas.
8 Private stable, if located not less than 60 feet from front lot line nor less than
30 feet from a side or rear lot line. It shall provide capacity for not more than one horse,
mule or pony for each 20,000 square feet of stable and pasture area, but not more than a
total of two of the above mentioned animals shall be allowed on the same lot.
9. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district. and
c. consistent with the policies of the Tukwila Comprehensive Plan.
8
18 14 040Conditional Uses
The following uses may be allowed within the High Density Residential District, subject
to the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1 Bed and breakfast facilities, provided.
a. the manager /owner must live on -site,
b the maximum number of residents, either permanent or temporary, at any
one time is twelve,
c. two on -site parking spaces for the owner and permanent residents and one
additional on -site parking space is provided for each bedroom rented to customers,
d. the maximum length of continuous stay by a guest is 14 days,
e breakfast must be offered on -site to customers, and
f. all necessary permits or approvals are obtained from the Health
Department.
2. Boarding houses.
3 Cemeteries and crematories.
4 Churche Rehaious Facility and community center buildings.
5 Dormitories.
6 Electrical substations distribution.
7 Fire and police stations.
8 Radio, television, microwave, or observation stations and towers.
9 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
10 Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
Section 6. TMC Chapter 18 16, Mixed Use Office District is amended as follows.
18 16 020Permitted Uses
The following uses are permitted outright within the Mixed -Use Office District, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1 Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2 Beauty or barber shops.
3 Bicycle repair shops.
4 Billiard or pool rooms.
5 Brew pubs.
6 Commercial parking, provided it is.
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
9
7 Computer software development and similar uses.
8 Convalescent and nursing homes for not more than 12 patients.
9 Day care centers.
10 Dwelling One detached single- family dwelling per existing lot.
11 Dwelling Multi- family units above office and retail uses.
12 Dwelling Senior citizen housing as a freestanding use subject to additional
requirements.
13 Financial, banking, mortgage, and other services.
14 Fraternal organizations.
15 Laundries
a. self service
b dry cleaning
c tailor, dyeing
16 Libraries, museums or art galleries (public)
17 Medical and dental laboratories.
18 Offices, when such offices occupy no more than the first two stories of the
building or basement and floor above, including:
a. medical
b dental
c. government; excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
19 Outpatient, inpatient, and emergency medical and dental commercial services.
20 Public parks, trails, picnic areas and play grounds but not mcludmg
amusement parks, golf courses, or commercial recreation.
21 Recreation facilities (commercial indoor), athletic or health clubs.
22. Relmious facility with an assembly area less than 750 square feet.
223 Restaurants, including cocktail lounges in conjunction with a restaurant.
248 Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
254 Retail sales as part of a planned mixed -use development, where at least 50%
of gross leasable floor area development is for office use; no auto oriented retail sales
(e g., drive -ins, service stations)
265 Schools and studios for education or self improvement.
276 Shelters.
278 Studios art, photography, music, voice and dance.
298 Telephone exchanges.
3029 Other uses not specifically listed in this title, which the Director
determines to be
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
10
c consistent with the policies of the Tukwila Comprehensive Plan.
18 16 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Mixed -Use Office District.
1 Adult day care.
2. Accessory dwelling unit, provided.
a. minimum lot of 7,200 square feet;
b accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less,
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single- family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4 Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
5 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square
feet in floor area.
6 Home occupations.
7 Parking areas.
8 Recreational area and facilities for employees.
9 Residences for security or maintenance personnel.
10. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outriuht within this
district: and
b. consistent with the stated purpose of this district: and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18 16 040 Conditional Uses
The following uses may be allowed within the Mixed -Use Office District, subject to the
requirements, procedures, and conditions established by TMC Chapter 18 64, Conditional
Use Permits.
1 Bed and Breakfast lodging.
2. Cemeteries and crematories.
3 Religious facility with an assembly area greater than 750 sauare feetChurches
and community center buildings.
4 Colleges and universities
11
5 Convalescent and nursing homes for more than 12 patients.
6 Electrical substation distribution.
7 Fire and police stations.
8 Hospitals, sanitanums, or similar institutions.
9 Park and -ride lots.
10 Radio, television, microwave, or observation stations and towers.
11 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
12. Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
18 16 080Basic Development Standards
Development within the Mixed Use Office District shall conform to the following listed
and referenced standards. In the Tukwila International Boulevard corridor, there are
circumstances under which these basic standards may be waived (see TMC 18 60 030)
Certain setback and landscaping standards may be waived by the Director of Community
Development as a Type 2 decision when an applicant can demonstrate that shared
parking is provided. If a project requires a Type 4 approval process, certain setbacks and
landscaping may be waived by the BAR when an applicant can demonstrate that the
number of driveways is reduced, efficiency of the site is increased, point use of parking
facilities is allowed or pedestrian oriented space is provided. Landscaping and setback
standards may not be waived on commercial property sides adjacent to residential
districts. (See the Tukwila International Boulevard Design Manual for more detailed
directions
Lot area per unit,
multi family (except
senior citizen housing),
minimum
Setbacks to yards,
minimum.
Front
Second front
Sides
Sides, if any portion
of the yard is within
50 feet of LDR, MDR,
HDR
1 Rear
MUO BASIC DEVELOPMENT STANDARDS
3,000 sq ft.
25 feet
12 5 feet 1
10 feet 1
Ratio of 1.5 1 setback
(for every 1 5 feet of
bldg. height, setback 1
foot from property line)
min. of 10 feet and a
max. of 30 feet
10 feet 1
12
Rear, if any portion
of the yard is within
50 feet of LDR, MDR,
HDR
11 Height maximum
Landscape requirements (minimum)
See Landscape, Recreation, Recycling/ Solid
Waste Space requirements chapter for further
requirements
Front
Second front
Sides
Sides, if any portion
of the yard is within
50 feet of LDR, MDR,
HDR
Rear
Rear, if any portion
of the yard is within
50 feet of LDR, MDR,
HDR
Recreation space
Recreation space,
senior citizen housing
1 Off street parking:
Residential (except
senior citizen
housing)
Accessory dwelling
unit
Office, minimum
Retail, minimum
Other uses, including
senior citizen housing
Ratio of 1 5 1 setback
(for every 1.5 feet of
bldg. height, setback 1
foot from property line)
min. of 10 feet and a
max. of 30 feet
43- stories or 45 feet 1
15 feet 1
12 5 feet 1
5 feet 1
10 feet
5 feet 1
10 feet
200 sq ft. per dwelling
unit
(1,000 sq ft. min.)
100 sq ft. per dwelling
unit
See TMC Chapter
18 56,
Off street Parking
Loading Regulations
See TMC 18 16 030,
Accessory Uses
3 per 1,000 sq ft.
usable floor area
2.5 per 1,000 sq ft.
usable floor area
See TMC Chapter
18 56, Off street
Parking Loading
Regulations
13
Performance Standards. Use, activity and
operations within a structure or a site shall comply
with (1) standards adopted by the Puget Sound Air
Pollution Control Agency for odor, dust, smoke
and other airborne pollutants, (2) TMC Chapter
8.22, "Noise and, (3) adopted State and Federal
standards for water quality and hazardous
materials. In addition, all development subject to
the requirements of the State Environmental
Policy Act, RCW 43.21C, shall be evaluated to
determine whether adverse environmental impacts
have been adequately mitigated.
Section 7 TMC Chapter 18 18, Office District is amended as follows.
18 18 020 Permitted Uses
The following uses are permitted outright within the Office District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1 Beauty or barber shops.
2. Bicycle repair shops.
3 Brew pubs.
4 Computer software development and similar uses.
5 Commercial parking, provided it is
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
6 Convalescent and nursing homes for not more than 12 patients.
7 Day care centers.
8 Dwelling One detached single- family dwelling per existing lot.
9 Financial, banking, mortgage, other services.
10 Fraternal organizations.
11 Laundries
a. self service
b dry cleaning
c. tailor, dyeing
12. Libraries, museums or art galleries (public)
13 Medical and dental laboratories.
14 Offices, including:
a. medical
b dental
c. government; excluding fire and police stations
d. professional
14
e. administrative
f. business, such as travel, real estate
g. commercial
15 Outpatient, inpatient, and emergency medical and dental commercial services.
16 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
17 Recreation facilities (commercial indoor), athletic or health clubs.
18. Religious facility with an assembly area less than 750 sauare feet.
189 Restaurants, including cocktail lounges in conjunction with a restaurant.
2049 Retail sales, as part of a planned mixed -use development where at least
50% of gross leasable floor area development is for office use; no auto oriented retail
sales (e.g., drive -ins, service stations).
201 Schools and studios for education or self improvement.
224- Shelters.
232 Studios art, photography, music, voice and dance.
243 Telephone exchanges.
254 Other uses not specifically listed in this title, which the Director determines
to be
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
c consistent with the policies of the Tukwila Comprehensive Plan.
18 18 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Office District.
1 Adult day care.
2. Accessory dwelling unit, provided.
a. minimum lot of 7,200 square feet;
b accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less,
c one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
15
e minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4 Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
5 Home occupations.
6 Parking areas.
7 Recreational area and facilities for employees.
8. Residences for security or maintenance personnel.
9. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses Permitted outright within this
district; and
b. consistent with the stated Purpose of this district; and
c. consistent with the Policies of the Tukwila Comprehensive Plan.
18 18 040 Conditional Uses
The following uses may be allowed within the Office District, subject to the
requirements, procedures, and conditions established by TMC 18 18 64, Conditional Use
Permits.
1 Cemeteries and crematories.
2. Religious facility with an assembly area greater than 750 sauare feetChurches
and community center buildings.
3 Colleges and universities.
4 Convalescent and nursing homes for more than 12 patients.
5 Electrical substations distribution.
6 Fire and police stations.
7 Hospitals, sanitariums, or similar institutions.
8 Park and -ride lots.
9 Radio, television, microwave, or observation stations and towers.
10 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses
11 Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
Section 8. TMC Chapter 18.20, Residential Commercial Center District is amended as
follows.
18.20 020 Permitted Uses
The following uses are permitted outright within the Residential Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code
16
1 Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. Beauty or barber shops.
3 Bicycle repair shops.
4 Computer software development and similar uses.
5 Day care centers.
6 Dwelling One detached single- family dwelling per existing lot.
7 Dwelling Multi family units above office and retail uses.
8 Fix -it, radio or television repair shops/ rental shops.
9 Greenhouses or nurseries (commercial).
10 Laundries
a. self service,
b dry cleaning;
c tailor, dyeing.
11 Offices, when such offices occupy no more than the first two stories of the
building or basement and floor above, including:
a. medical,
b dental,
c government; excluding fire and police stations,
d. professional,
e. administrative;
f. business, such as travel, real estate,
g. commercial.
12. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
13. Religious facility with an assembly area less than 750 sauare feet.
134 Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
154 Schools and studios for education or self improvement.
166 Studios art, photography, music, voice and dance.
176 Other uses not specifically fisted in this title, which the Director determines
to be
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
c consistent with the policies of the Tukwila Comprehensive Plan.
18.20 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Residential Commercial Center
District.
1 Accessory dwelling unit, provided.
a. minimum lot of 7,200 square feet;
17
b accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less,
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time;
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches or schools.
3 Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone
4 Home occupations.
5 Parking areas.
6 Recreational area and facilities for employees.
7 Residences for security or maintenance personnel.
8. Other uses that are not specifically fisted in this Title which the Director
determines to be.
a. uses that are customarily accessory to other uses permitted outnaht within this
district: and
b. consistent with the stated pumose of this district: and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.20 040 Conditional Uses
The following uses may be allowed within the Residential Commercial Center District,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title.
1 Brew pubs.
2 ChurchesReliaious facility with an assembly area greater than 750 sauare feet
and community center buildings.
3 Convalescent and nursing homes for not more than 12 patients.
4 Fire and police stations.
5 Fraternal organizations.
6 Libraries, museums or art galleries (public)
7 Radio, television, microwave, or observation stations and towers.
8 Recreation facilities (public) including, but not limited to, sports fields,
community centers, urses.
9 Restaurants, including cocktail lounges in conjunction with a restaurant.
10 Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
18
Section 9 TMC Chapter 18.22, Neighborhood Commercial Center District is amended as
follows
18.22 020Permitted Uses
The following uses are permitted outright within the Neighborhood Commercial Center
District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
1 Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. Automotive services
a. gas, outside pumps allowed,
b washing;
c body and engine repair shops (enclosed within a building).
3 Beauty or barber shops.
4 Bicycle repair shops.
5 Brew pubs.
6 Bus stations.
7 Businesses that include a retail component in conjunction with their
manufacturing operation and meeting this chapter's other performance standards. These
businesses may manufacture, process, assemble and/or package the following:
a. foods, including but not limited to baked goods, beverages, candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats
(no slaughtering);
b pharmaceuticals and related products such as cosmetics and drugs,
c bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink,
paints, paper, plastics, rubber, tile and wood,
d. electronic, mechanical, or precision instruments,
e. other manufacturing and assembly of a similar light industrial character;
f. industries involved with etching, lithography, printing, and publishing,
meeting the City's performance standards and offering their services to the local populace
on a walk -in basis,
g. businesses that service and repair the above products, that are entirely
enclosed within a building, offering their services to the local populace on a walk -in basis
and meeting the City's performance standards.
8 Cabinet shops or carpenter shops employing less than five people.
9 Computer software development and similar uses.
10 Convalescent and nursing homes for not more than 12 patients.
11 Day care centers.
12. Dwelling One detached single family dwelling per existing lot.
13 Dwelling Multi- family units above office, and retail uses.
14 Financial
a. banking;
b mortgage;
c other services.
15 Fix -it, radio or television repair shops/ rental shops.
16 Fraternal organizations
19
17 Frozen food lockers for individual or family use.
18 Greenhouses or nurseries (commercial).
19 Laundries.
a. self serve;
b dry cleaning;
c. tailor, dyeing.
20 Libraries, museums or art galleries (public)
21 Offices, when such offices occupy no more than the first two stories of the
building or basement and floor above, or three stories in the Urban Redevelopment Area
along Tukwila International Boulevard, including:
a. medical,
b dental,
c. government; excluding fire and police stations,
d. professional,
e administrative,
f. business, such as travel, real estate;
g. commercial.
22. Outpatient, inpatient, and emergency medical and dental.
23 Parks, trails, picnic areas and playgrounds public) but not including
amusement parks, golf courses, or commercial recreation.
24 Plumbing shops (no tin work or outside storage)
25 Recreation facilities (commercial indoor), athletic or health clubs.
26. Religious facility with an assembly area less than 750 square feet.
267 Restaurants, including cocktail lounges in conjunction with a restaurant.
278 Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
289 Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
3029 Schools and studios for education or self improvement.
310 Studios art, photography, music, voice and dance.
3-1-2. Telephone exchanges
332 Theaters, excluding "adult entertainment establishments as defined by this
Code.
33/1 Wholesale or retail sales offices or sample rooms, with less than 50%
storage or warehousing.
354 Other uses not specifically listed in this title, which the Director determines
to be
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
c consistent with the policies of the Tukwila Comprehensive Plan.
20
18.22 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Neighborhood Commercial
Center District.
1 Billiard or pool rooms.
2 Accessory dwelling unit, provided.
a. minimum lot of 7,200 square feet;
b accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less,
c. one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single- family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time,
e minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4 Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
5 Home occupations.
6 Parking areas.
7 Recreational area and facilities for employees.
8 Residences for security or maintenance personnel.
9. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.22 040 Conditional Uses
The following uses may be allowed within the Neighborhood Commercial Center
District, subject to the requirements, procedures, and conditions established by TMC
Chapter 18 64, Conditional Use Permits.
1 ChurchesRehrious facility with an assembly greater than 750 sauare feet
and community center buildings.
2. Colleges and universities.
3 Convalescent and nursing homes for more than 12 patients.
4 Electrical substations distribution.
5 Fire and police stations
6 Park and -ride lots.
7 Radio, television, microwave, or observation stations and towers.
21
8 Recreation facilities (commercial indoor), including bowling alleys, skating
rinks, shooting ranges.
9 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
10 Schools, preschool, elementary, junior, or senior high schools (public), and
equivalent private schools.
Section 10. TMC Chapter 18.24, Regional Commercial District is amended as follows.
18.24 020Permitted Uses
The following uses are permitted outright within the Regional Commercial District,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1 Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts
allowed.
3 Automotive services
a. gas, outside pumps allowed,
b washing;
c body and engine repair shops (enclosed within a building).
4 Beauty or barber shops.
5 Bicycle repair shops.
6 Billiard or pool rooms.
7 Brew pubs.
8. Businesses that include a retail component in conjunction with their
manufacturing operation and meeting this chapter's other performance standards. These
businesses may manufacture, process, assemble and/or package the following: foods,
including but not limited to baked goods, beverages, candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering)
9 Bus stations.
10 Cabinet shops or carpenters shops employing less than five people.
11 Commercial laundries.
12. Commercial parking, provided it is
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
13 Computer software development and similar uses.
14 Convalescent and nursing homes for not more than 12 patients.
15 Convention facilities.
16 Day care centers.
22
17 Dwelling Multi- family units on a lot that does not front on Tukwila
International Boulevard South subject to the HDR requirements of TMC 18.50 083,
Maximum Building Length, and TMC 18 52.060, 2. -4., Recreation Space Requirements.
18.Extended -stav hotel /motel.
189 Financial.
a. banking;
b mortgage;
c other services.
2043 Fix -it, radio or television repair shops/ rental shops.
210 Fraternal organizations.
224- Frozen food lockers for individual or family use.
223 Greenhouses or nurseries (commercial)
234 Hotels.
245 Industries involved with etching, film processing, lithography, printing, and
publishing.
266 Laundries
a. self serve,
b dry cleaning;
c tailor, dyeing.
267 Libranes, museums or art galleries (public)
228 Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
289 Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
3029 Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
310 Medical and dental laboratories.
324- Mortician and funeral homes.
332. Motels.
343 Offices, including:
a. medical,
b dental,
c government; excluding fire and police stations,
d. professional,
e administrative,
f. business, such as travel, real estate,
g. commercial.
345 Outpatient, inpatient, and emergency medical and dental.
365 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
376 Planned shopping center (mall)
387 Plumbing shops (no tin work or outside storage)
398 Recreation facilities (commercial indoor), athletic or health clubs.
23
4039 Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
41. Religious facility with an assembly area less than 750 sauare feet.
402 Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
434 Restaurants, including:
a. drive- through,
b sit down,
c cocktail lounges in conjunction with a restaurant.
442. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
453- Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
464 Schools and studios for education or self improvement.
476 Self- storage facilities.
486 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
497 Studios art, photography, music, voice and dance.
5048 Taverns, nightclubs.
5199 Telephone exchanges.
520 Theaters, excluding "adult entertainment establishments as defined by this
Code.
534- Warehouse storage and/or wholesale distribution facilities.
542 Other uses not specifically fisted in this title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
c consistent with the policies of the Tukwila Comprehensive Plan.
to be
18.24 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial District.
1 Adult day care
2. Cargo container; two may be allowed per lot with approval as a Type 2
decision, criteria are fisted at TMC 18.50 060
3 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4 Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone
5 Parking areas.
24
6 Recreational area and facilities for employees.
7 Residences for secunty or maintenance personnel.
8. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outright within this
district. and
b. consistent with the stated puroose of this district: and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.24 040Conditional Uses
The following uses may be allowed within the Regional Commercial District, subject to
the requirements, procedures, and conditions established by TMC Chapter 18 64,
Conditional Use Permits.
1 Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit)
3 Cemeteries and crematories.
4 Religious facility with an assembly area greater than 750 sauare feetChurchca
and community center buildings.
5 Colleges and universities.
6 Convalescent and nursing homes for more than 12 patients.
7 Drive -in theaters.
8 Electrical substations distribution.
9 Fire and police stations.
10 Hospitals, sanitariums, or similar institutions.
11 Internet data/telecommunication centers.
12. Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
13 Park and -ride lots.
14 Pawnbrokers.
15 Radio, television, microwave, or observation stations and towers.
16 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses
17 Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
Section 11. TMC Chapter 18.26, Regional Commercial Mixed Use District is amended
as follows
18.26 020Pennitted Uses
The following uses are permitted outright within the Regional Commercial Mixed
Use District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code
25
1
1 Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts
allowed.
3 Automotive services
a. gas, outside pumps allowed,
b washing;
c. body and engine repair shops (enclosed within a building)
4 Beauty or barber shops.
5 Bicycle repair shops.
6 Billiard or pool rooms.
7 Brew pubs.
8 Businesses that include a retail component in conjunction with their
manufacturing operation and meeting this chapter's other performance standards. These
businesses may manufacture, process, assemble and/or package foods, including but not
limited to baked goods, beverages, candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods, and meats (no slaughtering)
9 Bus stations.
10 Cabinet shops or carpenters shops employing less than five people
11 Commercial laundries.
12. Commercial parking, provided it is
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
13 Computer software development and similar uses.
14 Convalescent and nursing homes for not more than 12 patients.
15 Convention facilities.
16 Day care centers.
17 Dwelling Multi- family units above office and retail uses.
18. Extended -stay hotel /motel
19-g Financial
a. banking;
b mortgage,
c other services.
2049 Fix -it, radio or television repair shops /rental shops.
218 Fraternal organizations.
224- Frozen food lockers for individual or family use.
232. Greenhouses or nurseries (commercial)
243- Hotels.
254 Industries involved with etching, film processing, lithography, printing, and
publishing.
265 Laundries.
26
a. self serve;
b dry cleaning;
c. tailor, dyeing.
276 Libranes, museums or art galleries (public).
2P Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
298 Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
3029 Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
310 Medical and dental laboratones.
324- Mortician and funeral homes.
332 Motels.
343- Offices, including
a. medical,
b dental,
c government; excluding fire and police stations,
d. professional,
e. administrative,
f. business, such as travel, real estate;
g. commercial.
354 Outpatient, inpatient, and emergency medical and dental.
366 Parks, trails, picnic areas and playgrounds public) but not including
amusement parks, golf courses, or commercial recreation.
376 Planned shopping center (mall)
387 Plumbing shops (no tin work or outside storage).
398 Recreation facilities (commercial indoor), athletic or health clubs.
4039 Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
41. Religious facility with an assembly area less than 750 sauare feet.
420 Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
434- Restaurants, including
a. drive- through,
b sit down,
c. cocktail lounges in conjunction with a restaurant.
442 Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
453- Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
464 Schools and studios for education or self improvement.
27
476 Self storage facilities.
486 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recychng/Sohd Waste Space Requirements chapter of this title.
497 Studios art, photography, music, voice and dance.
5048 Taverns, nightclubs.
5149 Telephone exchanges.
520 Theaters, excluding "adult entertainment establishments as defined by this
Code.
to be
53-1- Warehouse storage and/or wholesale distribution facilities.
542. Other uses not specifically listed in this title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district;
b consistent with the stated purpose of this district; and
c consistent with the policies of the Tukwila Comprehensive Plan.
18.26 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Regional Commercial Mixed Use
District.
1 Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2 decision,
criteria are listed at TMC 18 50 060
3 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4 Family child care homes, provided the facility shall be licensed by the Department
of Social and Health Services Office of Child Care Policy and shall provide a safe
passenger loading zone.
5 Home occupation.
6 Parking areas.
7 Recreational area and facilities for employees.
8 Residences for security or maintenance personnel.
9. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outright within this
district: and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.26 040Conditional Uses
The following uses may be allowed within the Regional Commercial Mixed -Use District,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title.
1 Amusement parks.
28
2. Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit)
3 Cemeteries and crematories.
4 Reliasous facility with an assembly area treater than 750 sauare feetChurchcs
and community center buildings.
5 Colleges and universities.
6 Convalescent and nursing homes for more than twelve patients.
7 Drive -in theaters.
8 Electrical substations distribution.
9 Fire and police stations.
10 Hospitals, sanitariums or similar institutions.
11 Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
12. Park and -ride lots.
13 Pawnbrokers.
14 Radio, television, microwave, or observation stations and towers.
15 Recreation facilities (public) including, but not hmited to, sports fields,
community centers, and golf courses.
16 Schools, preschool, elementary, junior or senior high schools (public), and
equivalent private schools.
Section 12. TMC Chapter 18.28, Tukwila Urban Center District is amended as follows.
18.28 020Permitted Uses
The following uses are permitted outright within the Tukwila Urban Center District,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1 Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
2 Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used
parts allowed.
3 Automotive services
a. gas, outside pumps allowed,
b washing;
c. body and engine repair shops (enclosed within a building)
4 Beauty or barber shops.
5 Bicycle repair shops.
6 Billiard or pool rooms.
7 Brew pubs.
8 Bus stations.
9 Cabinet shops or carpenter shops employing less than five people.
10 Commercial laundnes.
11 Commercial parking, provided it is
29
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestnan and commercial
environments are not negatively impacted by the parking use, or
b located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
12 Computer software development and similar uses.
13 Contractor storage yards.
14 Convalescent and nursing homes for not more than 12 patients.
15 Convention facilities.
16 Day care centers.
17. Extended -stav hotel /motel
187 Financial
a. banking;
b mortgage;
c. other services.
198 Fix -it, radio or television repair shops/ rental shops.
204-9 Fraternal organizations.
210 Frozen food lockers for individual or family use.
224- Greenhouses or nurseries (commercial).
232. Heavy equipment repair and salvage.
243- Hotels.
254 Industries involved with etching, film processing, lithography, printing, and
publishing.
265 Internet data/telecommunication centers
276 Laundries,
a. self serve,
b dry cleaning;
c tailor, dyeing.
287 Libraries, museums or art galleries (public)
298 Manufacturing, processing and/or packaging of foods, including but not
limited to, baked goods, beverages (except fermenting and distilling), candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(no slaughtering)
3029 Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
310 Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
324- Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
332 Medical and dental laboratories.
343 Mortician and funeral homes
354 Motels.
365- Offices, including:
a. medical,
b dental,
c government; excluding fire and police stations,
d. professional,
e administrative,
f. business, such as travel, real estate,
30
g. commercial.
376 Outpatient, inpatient, and emergency medical and dental.
3P Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
398 Pawnbrokers
403-9 Planned shopping center (mall)
410 Plumbing shops (no tin work or outside storage)
424 Railroad tracks (including lead, spur, loading or storage)
432. Recreation facilities (commercial indoor) athletic or health clubs.
443- Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
45. Religious facility with an assembly area less than 750 sauare feet.
464 Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
476 Restaurants, including•
a. drive- through,
b sit down,
c cocktail lounges in conjunction with a restaurant.
486 Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
497 Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
5048 Schools and studios for education or self improvement.
5149 Self- storage facilities.
520 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recychng/Sohd Waste Space Requirements chapter of this title.
534 Studios art, photography, music, voice and dance
542. Taverns, nightclubs.
553 Telephone exchanges.
564 Theaters, excluding "adult entertainment establishments as defined by this
Code
576 Warehouse storage and/or wholesale distribution facilities.
586 Other uses not specifically listed in this Title, which the Director determines
to be
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
(Ord. 2084 §2(part), 2005
18.28 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Tukwila Urban Center District.
31
1 Adult day care.
2. Cargo container; two may be allowed per lot with approval as a Type 2
decision, criteria are listed at TMC 18.50 060
3 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
4 Family child care homes, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
5 Home occupation.
6 Parking areas.
7 Recreational area and facilities for employees.
8 Residences for security or maintenance personnel.
9. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily accessory to other uses permitted outright within this
district: and
b. consistent with the stated purpose of this district: and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.28 040 Conditional Uses
The following uses may be allowed within the Tukwila Urban Center District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1 Amusement parks.
2. Bed and Breakfast lodging; must be located on property adjacent to and not
greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond.
3 Cemeteries and crematories.
4 Rehaious facility with an assembly area greater than 750 sauare feetChurchcs
and community center buildings.
5 Colleges and universities.
6 Convalescent and nursing homes for more than 12 patients.
7 Dwelling Multi- family units (max. 22.0 units /acre except senior citizen
housing which is allowed to 100 units /acre, as a mixed -use development that is non-
industrial in nature), must be located on property adjacent to and not greater than 500 feet
from the Green River, Tukwila Pond, or Minkler Pond.
8 Indoor animal shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit)
9 Transit oriented development housing (which is allowed to 65 units /acre as a
mixed -use development that is non industrial in nature); must be located on property
adjacent to and not greater than one quarter mile from the Sounder Commuter Rail/
Amtrak Station property
10 Drive -in theaters.
11 Electrical substations distribution.
12. Fire and police stations.
13 Hospitals, sanitariums, or similar institutions
32
14 Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
15 Park and ride lots.
16 Radio, television, microwave, or observation stations and towers.
17 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
18 Schools, preschool, elementary, junior or high schools, and equivalent pnvate
schools.
Section 13. TMC Chapter 18.30, Commercial Light Industrial District is amended as
follows
18.30 020Permitted Uses
The following uses are permitted outright within the Commercial Light Industrial
District, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
1 Adult entertainment establishments are permitted, subject to the following
location restrictions.
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits.
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to elementary,
junior or senior high schools, or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery schools or other child care
facilities,
(3) In or within 1,000 feet of:
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library;
b the distances specified in TMC 18.30 020 1.a shall be measured by
following a straight line from the nearest point of the property parcel upon which the
proposed use is to be located, to the nearest point of the parcel of property or land use
district boundary line from which the proposed land use is to be separated,
c No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
3 Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts
allowed.
33
4 Automotive services.
a. gas, outside pumps allowed,
b washing;
c. body and engine repair shops (enclosed within a building)
5 Beauty or barber shops.
6 Bicycle repair shops.
7 Billiard or pool rooms.
8. Brew pubs.
9 Bus stations.
10 Cabinet shops or carpenters shops employing less than five people.
11 Commercial laundries.
12. Commercial parking, provided it is.
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestnan and commercial
environments are not negatively impacted by the parking use, or
b located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective visual
screening from adjacent streets.
13 Computer software development and similar uses.
14 Contractor storage yards.
15 Convention facilities.
16 Convalescent and nursing homes for not more than 12 patients.
17 Day care centers.
18. Extended -stav hotel /motel
1g9 Financial
a. banking;
b mortgage,
c. other services.
20-1-9 Fix -it, radio or television repair shops/ rental shops.
210 Fraternal organizations.
22-1- Frozen food lockers for individual or family use.
232. Greenhouses or nurseries (commercial)
243- Heavy equipment repair and salvage.
254 Hotels.
265- Industries involved with etching, film processing, lithography, printing, and
publishing.
276 Internet data/telecommunication centers
287 Laundries
a. self serve,
b dry cleaning;
c tailor, dyeing.
298 Libraries, museums or art gallenes (public).
3029 Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
34
310 Manufacturing, processing and/or packaging of foods, including but not
limited to, baked goods, beverages (except fermenting and distilling), candy, canned or
preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(no slaughtering)
321 Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
332. Manufactunng, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
348 Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
354 Medical and dental laboratones.
366 Mortician and funeral homes.
367 Motels.
378 Offices, including:
a. medical,
b dental,
c government; excluding fire and police
d. stations,
e. professional,
f. administrative,
g.
business, such as travel, real estate;
h. commercial.
389 Outpatient, inpatient, and emergency medical and dental.
4089 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
410 Pawnbrokers.
424- Planned shopping center (mall)
432 Plumbing shops (no tin work or outside storage)
4/13 Railroad tracks, (including lead, spur, loading or storage)
445 Recreation facilities (commercial indoor) athletic or health clubs.
466 Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
47. Reliuious facility with an assembly area less than 750 sauare feet.
486 Rental of vehicles not requiring a commercial driver's license (mcludmg
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
497 Rental of commercial trucks and fleet rentals requiring a commercial
driver's license
5048 Restaurants, including:
a. drive- through,
b sit down,
c cocktail lounges in conjunction with a restaurant.
5149 Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
35
520 Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
534- Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recychng/Sohd Waste Space Requirements
chapter of this title
542. Salvage and wrecking operations that are entirely enclosed within a
building.
552 Schools and studios for education or self improvement.
564 Self- storage facilities.
575 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recyclmg/Sohd Waste Space Requirements chapter of this title.
586 Studios art, photography, music, voice and dance.
597 Taverns, nightclubs.
605-g Telephone exchanges.
615-9 Theaters, excluding "adult entertainment establishments as defined by
this Code.
620 Tow truck operations, subject to all additional State and local regulations.
63+ Truck terminals.
642. Warehouse storage and/or wholesale distribution facilities.
65a Other uses not specifically listed in this Title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district;
b consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
to be
18.30 030Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Commercial Light Industrial
District.
1 Cargo container; two may be allowed per lot with approval as a Type 2
decision, criteria are listed at TMC 18 50 060
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
3 Parking areas.
4 Recreational area and facilities for employees.
5 Residences for security or maintenance personnel.
6. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
36
18 30 040Conditional Uses
The following uses may be allowed within the Commercial Light Industrial District,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title.
1 Amusement parks.
2 Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit)
3 Cemeteries and crematories.
4 Religious facility with an assembly area treater than 750 sauare feetChurchcs
and community center buildings.
5 Colleges and universities.
6 Convalescent and nursing homes for more than 12 patients.
7 Drive -in theaters.
8 Electrical substations distribution.
9 Fire and police stations.
10 Hospitals, sanitariums, or similar institutions.
11 Manufactunng, processing and/or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products
or animal products (no rendering or slaughtering)
12. Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication, steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
13 Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
14 Park and -ride lots.
15 Radio, television, microwave, or observation stations and towers.
16 Recreation facilities (commercial outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields.
17 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
18 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
Section 14 TMC Chapter 18.32, Light Industrial District is amended as follows
18.32 020Permitted Uses
The following uses are permitted outright within the Light Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1 Adult entertainment establishments are permitted, subject to the following
location restrictions
37
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Pubhc or private school with curricula equivalent to elementary,
junior or senior high schools, or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery schools or other child care
facilities,
(3) In or within 1,000 feet of:
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library
b the distances specified in TMC 18.32.020 1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the
proposed use is to be located, to the nearest point of the parcel of property or land use
district boundary line from which the proposed land use is to be separated.
c No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment;
2. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts
allowed.
3 Automotive services.
a. gas, outside pumps allowed,
b washing;
c body and engine repair shops (enclosed within a building)
4 Beauty or barber shops.
5 Bicycle repair shops.
6 Billiard or pool rooms.
7 Brew pubs.
8 Bus stations.
9 Cabinet shops or carpenters shops employing less than five people
10 Commercial laundries.
11 Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and
Loading Regulations."
12 Computer software development and similar uses.
13 Contractor storage yards.
14 Convention facilities.
15 Day care centers.
16. Extended -stav hotel /motel
176 Financial
a. banking;
b mortgage,
38
1
c. other services.
187- Fix -it, radio or television repair shops/ rental shops.
198 Fraternal organizations.
204-9 Frozen food lockers for individual or family use.
210 Greenhouses or nurseries (commercial)
224- Heavy equipment repair and salvage.
232 Hotels.
243- Industries involved with etching, film processing, lithography, printing, and
publishing.
254 Internet data/telecommunication centers.
265 Laundries
a. self serve;
b dry cleaning;
c. tailor, dyeing.
276 Libraries, museums or art galleries (public).
2P Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
298 Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
3029 Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted)
310 Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
32-1- Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tiles, and woods.
332 Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
343- Medical and dental laboratories.
354 Mortician and funeral homes.
365 Motels
376 Offices, including:
a. medical,
b dental,
c government; excluding fire and police stations,
d. professional,
e. administrative,
f. business, such as travel, real estate,
g. commercial.
3P Outpatient, inpatient, and emergency medical and dental.
39
398 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
4039 Pawnbrokers.
410 Planned shopping center (Mall)
424- Plumbing shops (no tin work or outside storage).
432 Railroad tracks (including lead, spur, loading or storage).
443- Recreation facilities (commercial indoor) athletic or health clubs.
454 Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
46. Rehmous facility with an assembly area less than 750 sauare feet.
475 Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
486 Rental of commercial trucks and fleet rentals requiring a commercial
driver's license
497 Restaurants, including
a. drive- through,
b sit down,
c. cocktail lounges m conjunction with a restaurant.
5048 Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
5149 Retail sales of furniture, appliances, and automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
520 Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements
chapter of this title.
534 Salvage and wrecking operations that are entirely enclosed within a
building.
542. Schools and studios for education or self improvement.
553- Self- storage facilities.
564 Storage (outdoors) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
576 Taverns, nightclubs.
586 Telephone exchanges.
597 Theaters, excluding "adult entertainment establishments as defined by this
6058 Tow truck operations, subject to all additional State and local regulations.
6159 Truck terminals.
629 Warehouse storage and/or wholesale distribution facilities.
634- Other uses not specifically fisted in this Title, which the Director determines
Code
to be
a. similar in nature to and compatible with other uses permitted outright
within this district; and
40
b consistent with the stated purpose of this distnct; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.32 030Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Light Industnal District, as follows
1 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
2 Parking areas.
3 Recreational area and facilities for employees.
4 Residences for security or maintenance personnel.
5. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outriaht within this
district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18.32 040 Conditional Uses
The following uses may be allowed within the Light Industnal District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title
1 Amusement parks.
2 Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
3 Cemeteries and crematories.
4 Rehaious facility with an assembly greater than 750 sauare feetChurchcs
and community center buildings.
5 Colleges and universities.
6 Drive -in theaters.
7 Electrical substations distribution.
8 Fire and police stations.
9 Hospitals, sanitariums, or similar institutions.
10 Manufacturing, processing and/or assembling chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products
or animal products (no rendering or slaughtenng)
11 Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication, steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
12 Park and -ride lots.
13 Radio, television, microwave, or observation stations and towers.
14 Recreation facilities (commercial outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields.
15 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
41
16 Rock crushing, asphalt or concrete botching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above matenals.
Section 15. TMC Chapter 18.34, Heavy Industrial District is amended as follows.
18.34 020Permitted Uses
The following uses are permitted outright within the Heavy Industrial District, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1 Adult entertainment establishments are permitted, subject to the following
location restrictions.
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to elementary,
junior or senior high schools, or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery schools or other child care
facilities,
(3) In or within 1,000 feet of:
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library
b the distances specified in TMC 18.34 020 1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the
proposed use is to be located, to the nearest point of the parcel of property or land use
district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment;
2. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts
allowed.
3 Automotive services.
a. gas, outside pumps allowed,
b washing;
c body and engine repair shops (enclosed within a building).
4 Beauty or barber shops.
5 Bicycle repair shops.
6 Billiard or pool rooms.
7 Brew pubs.
8 Bus stations.
9 Cabinet shops or carpenters shops employing less than five people.
10 Commercial laundries.
42
11 Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and
Loading Regulations."
12. Computer software development and similar uses.
13 Contractor storage yards.
14 Convention facilities.
15 Day care centers.
16. Extended -stav hotel /motel
176 Financial.
a. banking;
b mortgage,
c. other services.
187 Fix -it, radio or television repair shops /rental shops.
198 Fraternal organizations.
204-9 Frozen food lockers for individual or family use.
210 Greenhouses or nurseries (commercial)
221- Heavy equipment repair and salvage.
232 Hotels.
243- Industries involved with etching, film processing, lithography, printing, and
pubhshmg.
254 Internet data/telecommunication centers.
265 Laundries
a. self serve;
b dry cleaning;
c. tailor, dyeing.
276 Libraries, museums or art galleries (public)
287 Manufacturing, processing and/or assembling chemicals, light metals,
plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural
products or animal products (no rendering or slaughtering)
29S Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
3029 Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication, steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
310 Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
324 Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted)
332. Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
343- Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
43
354 Manufacturing, processing, assembhng, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
365 Medical and dental laboratories.
376 Mortician and funeral homes.
387 Motels.
359 Offices, including:
a. medical,
b dental,
c government; excluding fire and police stations,
d. professional,
e administrative;
f. business, such as travel, real estate,
g. commercial.
4039 Outpatient, inpatient, and emergency medical and dental.
410 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
424- Pawnbrokers.
432 Planned shopping center (mall).
443- Plumbing shops (no tin work or outside storage)
454 Railroad tracks, (including lead, spur, loading or storage).
465 Recreation facilities (commercial indoor), athletic or health clubs.
47. Religious facility with an assembly area less than 750 sauare feet.
486 Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
497 Rental of commercial trucks and fleet rentals requiring a commercial
driver's license
5045 Restaurants, including:
a. drive- through,
b sit down,
c. cocktail lounges in conjunction with a restaurant.
5149 Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment,
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
520 Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
534- Rock crushing, asphalt or concrete botching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
542 Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements
chapter of this title.
553- Salvage and wrecking operations.
564 Schools and studios for education or self improvement.
575 Self- storage facilities.
44
586 Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required.
597 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
6058 Taverns, nightclubs.
615-9 Telephone exchanges.
620 Theaters, excluding "adult entertainment establishments as defined by this
Code.
63-4 Tow truck operations, subject to all additional State and local regulations.
642 Truck terminals.
65; Warehouse storage and/or wholesale distribution facilities.
664 Other uses not specifically listed in this title, which the Director determines
to be
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
c consistent with the policies of the Tukwila Comprehensive Plan.
18 34 030Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Heavy Industrial District, as follows
1 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
2 Parking areas.
3 Recreational area and facilities for employees.
4 Residences for security or maintenance personnel.
5. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18 34 040 Conditional Uses
The following uses may be allowed within the Heavy Industrial District, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1 Amusement parks.
2 Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit)
3 Cemeteries and crematories.
4 Relinious facility with an assembly area greater than 750 sauare feetChurchcs
and community center buildings.
45
5 Colleges and universities.
6 Drive -in theaters.
7 Electrical substations distribution.
8 Fire and police stations.
9 Hazardous waste treatment and storage facilities (off -site) subject to
compliance with state siting criteria (RCW 70 105, see TMC Chapter 21 08).
10 Hospitals, sanitariums, or similar institutions.
11 Park and -ride lots.
12 Radio, television, microwave, or observation stations and towers.
13 Recreation facilities (commercial outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields.
14 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
Section 16. TMC Chapter 18.36, Manufacturing Industrial Center/Light District is
amended as follows
18 36 020 Permitted Uses
The following uses are permitted outright within the Manufactunng Industrial
Center /Light Industrial District, subject to compliance with all other applicable
requirements of the Tukwila Municipal Code.
1 Adult entertainment establishments are permitted, subject to the following
location restrictions
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially -zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to elementary,
Junior or senior high schools, or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery schools or other child care
facilities,
(3) In or within 1,000 feet of:
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library
b The distances specified in TMC 18.36 020 1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the
proposed use is to be located, to the nearest point of the parcel of property or land use
district boundary line from which the proposed land use is to be separated.
c No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
2 Automotive services
46
a. gas, outside pumps allowed,
b washing;
c. body and engine repair shops (enclosed within a building),
3 Beauty or barber shops,
4 Bicycle repair shops,
5 Brew pubs.
6 Bus stations,
7 Commercial laundnes,
8 Contractors storage yards,
9 Day care centers,
10. Extended -stav hotel /motel
110 Heavy equipment repair and salvage;
124- Hotels,
132. Industries involved with etching, film processing, lithography, prmtmg, and
publishing;
143- Internet data/telecommunication centers.
145 Laundries
a. self serve;
b dry cleaning;
c tailor, dyeing;
165- Libraries, museums or art galleries (public),
176 Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment;
187- Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging;
198. Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted),
20 -1-9 Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs,
210 Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood,
22-1- Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment;
232. Motels,
243 Offices including but not limited to software development and similar uses,
financial services, schools and studios for education or self improvement less than 20,000
square feet.
254 Outpatient, inpatient, and emergency medical and dental,
265 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
47
1
1
276 Railroad tracks, (including lead, spur, loading or storage);
2P Recreation facilities (commercial indoor) athletic or health clubs,
298 Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
3029 Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
310 Restaurants, including:
a. drive- through,
b sit down,
c cocktail lounges in conjunction with a restaurant;
324- Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recyclmg/Solid Waste Space Requirements
chapter of this title,
332 Salvage and wrecking operations which are entirely enclosed within a
building;
343- Self- storage facilities.
354 Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required,
366 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title;
376 Taverns, nightclubs,
3P Telephone exchanges,
398 Tow truck operations, subject to all additional State and local regulations,
403-9 Truck terminals,
410 Warehouse storage and/or wholesale distribution facilities.
424 Other uses not specifically listed in this Title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
to be
18 36 030Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center /Light
Industrial District, as follows
1 Billiard or pool rooms.
2 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as universities, colleges or schools.
3 Parking areas.
4 Recreational area and facilities for employees.
5 Residences for security or maintenance personnel.
48
6. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily accessory to other uses permitted outright within this
district: and
b. consistent with the stated purpose of this district: and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 17 TMC Chapter 18.38, Manufacturing Industrial Center/ Heavy District is
amended as follows
18.38 020Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial Center
Heavy Industrial District, subject to compliance with all other applicable requirements of
the Tukwila Municipal Code.
1 Adult entertainment establishments are permitted, subject to the following
location restrictions
a. No adult entertainment estabhshment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits.
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to elementary,
junior or senior high schools, or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery schools or other child care
facilities,
(3) In or within 1,000 feet of:
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library
b the distances specified in TMC 18.38 020 1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the
proposed use is to be located, to the nearest point of the parcel of property or land use
district boundary line from which the proposed land use is to be separated.
c No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
2. Automotive services
a. gas, outside pumps allowed,
b washing;
c body and engine repair shops (enclosed within a building).
3 Beauty or barber shops.
4 Bicycle repair shops.
5 Brew pubs.
6 Bus stations
49
7 Computer software development and similar uses.
8 Contractor storage yards.
9 Day care centers.
10. Extended -stav hotel /motel
110 Financial.
a. banking;
b mortgage;
c. other services.
124- Heavy equipment repair and salvage.
132 Heavy metal processes such as smelting, blast furnaces, drop forging, or
drop hammering.
14 Hotels.
154 Industries involved with etching, film processing, lithography, printing, and
pubhshmg.
16 Internet data/telecommunication centers.
176 Laundries.
a. self serve,
b dry cleaning;
c. tailor, dyeing.
187 Libraries, museums or art galleries (public)
198 Manufacturing, processing and/or assembling chemicals, fight metals,
plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural
products or animal products (no rendering or slaughtering)
204-9 Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication, steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
210 Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
224- Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
232 Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted)
243- Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
254 Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
265 Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
276 Motels.
50
1
1
2P Offices, must be associated with another permitted uses (e.g., administrative
offices for a manufacturing company present within the MIC).
298. Outpatient, inpatient, and emergency medical and dental.
3029 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
310 Railroad tracks, (including lead, spur, loading or storage)
321- Recreation facilities (commercial indoor), athletic or health clubs.
332. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
3/13 Rental of commercial trucks and fleet rentals requiring a commercial
dnver's license.
354 Restaurants, including:
a. drive- through,
b sit down,
c. cocktail lounges in conjunction with a restaurant.
365 Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
376 Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recyclmg/Sohd Waste Space Requirements
chapter of this title.
387 Salvage and wrecking operations.
398 Schools and studios for education or self improvement.
403-9 Self storage facilities.
410 Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required.
421 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
432. Taverns, nightclubs.
443 Telephone exchanges.
454 Tow truck operations, subject to all additional State and local regulations
465 Truck terminals.
476 Warehouse storage and/or wholesale distribution facilities.
4P Other uses not specifically listed in this title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
to be
18 38 030Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Manufacturing Industrial Center/Heavy
Industrial District, as follows
51
1 Billiard or pool rooms.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as universities, colleges or schools.
3 Parking areas.
4 Recreational area and facilities for employees.
5 Residences for security or maintenance personnel.
6. Other uses that are not sp ecifically listed in this Title which the Director
determines to be.
a. uses that are customarily to other uses permitted outright within this
district: and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 18. TMC Chapter 18.40, Tukwila Valley South District is amended as follows.
18 40 020 Permitted Uses
The following uses are permitted outright within the Tukwila Valley South District,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1 Adult entertainment establishments are permitted, subject to the following
location restrictions
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City limits
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to elementary,
junior or senior high schools, or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery schools or other child care
facilities,
(3) In or within 1,000 feet of
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library
b The distances specified in TMC 18 40 020 1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the
proposed use is to be located, to the nearest point of the parcel of property or land use
district boundary line from which the proposed land use is to be separated.
c No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to
an arterial required.
52
3 Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts
allowed.
4 Automotive services.
a. gas, outside pumps allowed,
b washing;
c body and engine repair shops (enclosed within a building)
5 Beauty or barber shops.
6 Bicycle repair shops.
7 Billiard or pool rooms.
8 Brew pubs.
9 Bus stations.
10 Cabinet shops or carpenters shops employing less than five people.
11 Commercial laundries.
12. Commercial parking subject to TMC Chapter 18 56, "Off- Street Parking and
Loading Regulations."
13 Computer software development and similar uses.
14 Contractor's storage yards.
15 Convalescent and nursing homes for not more than twelve patients.
16 Convention facilities.
17 Day care centers.
18 Dwelling One detached single- family unit per existing lot (includes factory
built or modular home that meets UBC)
19. Extended -stav hotel /motel
2049 Farming and farm- related activities.
210 Financial
a. banking;
b mortgage;
c. other services.
22-1- Fix -it, radio or television repair shops/ rental shops.
232 Fraternal organizations.
2/13 Frozen food lockers for individual or family use.
254 Greenhouses or nurseries (commercial).
265 Heavy equipment repair and salvage.
276 Hotels.
282 Industries involved with etching, film processing, lithography, printing, and
publishing.
298 Internet data/telecommunication centers.
3029 Laundries.
a. self serve,
b dry cleaning;
c. tailor, dyeing.
310 Libraries, museums or art galleries (public)
324- Manufacturing, processing and/or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
53
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted).
332 Manufacturing, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
343 Manufacturing, processing, and/or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture,
glass, ink, paint, paper, plastics, rubber, tile, and wood.
354 Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
365 Medical and dental laboratories.
376 Mortician and funeral homes.
387 Motels.
398 Offices, including:
a. medical,
b dental,
c government; excluding fire and police stations,
d. professional,
e. administrative,
f. business, such as travel, real estate;
g. commercial.
4039 Outpatient, inpatient, and emergency medical and dental.
410 Pawnbrokers.
424 Planned shopping center (mall)
432. Plumbing shops (no tin work or outside storage)
4/13 Parks, trails, picnic areas and playgrounds (pubhc) but not including
amusement parks, golf courses, or commercial recreation.
454 Railroad tracks, (mcludmg lead, spur, loading or storage)
465 Recreation facilities (commercial indoor), athletic or health clubs.
476 Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
48. Religious facility with an assembly area of less than 750 sauare feet.
492 Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
5048 Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
5149 Research and development facilities
520 Restaurants, including:
a. drive- through,
b sit down,
c cocktail lounges in conjunction with a restaurant.
534 Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
542. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber/building materials, lawn and garden supplies, farm supplies.
54
553- Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements
chapter of this title.
564 Salvage and wrecking operations that are entirely enclosed within a
building.
576 Schools and studios for education or self improvement.
586 Self- storage facilities.
597 Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling/Sohd Waste Space Requirements chapter of this title.
6058 Studios art, photography, music, voice and dance.
6153 Taverns, nightclubs.
629 Telephone exchanges.
631 Theaters, excluding "adult entertainment establishments as defined by this
642 Tow truck operations, subject to all additional State and local regulations.
653- Truck terminals.
664 Warehouse storage and/or wholesale distribution facilities.
676 Other uses not specifically listed in this title, which the Director determines
a. similar in nature to and compatible with other uses permitted outright
within this district;
b consistent with the stated purpose of this district; and
c consistent with the policies of the Tukwila Comprehensive Plan.
Code
to be.
18 40 030Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the Tukwila Valley South District, as follows
1 Accessory dwelling unit, provided.
a. minimum lot of 7,200 square feet;
b accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less,
c one of the residences is the primary residence of a person who owns at
least 50% of the property,
d. dwelling unit is incorporated into the primary detached single family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time,
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2. Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
3 Family child care home, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide a
safe passenger loading zone.
4 Home occupations
55
5 Parking areas.
6 Recreational area and facilities for employees.
7 Residences for security or maintenance personnel.
8. Other uses that are not specifically listed in this Title which the Director
determines to be.
a. uses that are customarily accessory to other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18 40 040Conditional Uses
The following uses may be allowed within the Tukwila Valley South District, subject to
the requirements, procedures, and conditions established by the Conditional Use Permits
chapter of this title.
1 Amusement parks.
2. Animals shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit)
3 Cemeteries and crematories.
4 Religious facility with an assembly area greater than 750 square feetChurchcs
and community center buildings.
5 Colleges and universities.
6 Convalescent and nursing homes for more than twelve patients.
7 Drive -in theaters.
8 Dwelling units (Max. 22.0 units /acre except senior citizen
housing which is allowed to 100 units /acre, as a mixed -use development that is non-
industrial in nature), must be located on property adjacent to and not greater than 500 feet
from the Green River, Tukwila Pond, or Minkler Pond.
9 Electrical substations distribution.
10 Fire and police stations.
11 Hospitals, sanitariums, or similar institutions.
12 Manufacturing, processing and/or assembling of electrical or mechanical
equipment, vehicles and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation vehicles and equipment.
13 Manufacturing, processing and/or assembling chemicals, light metals, plastics,
solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products
or animal products (no rendering or slaughtering)
14 Manufacturing, processing and/or assembling of previously manufactured
metals, such as iron and steel fabrication, steel production by electric arc melting, argon
oxygen refining, and consumable electrode melting; and similar heavy industrial uses.
15 Manufacturing, processing and/or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
16 Park and ride lots.
17 Radio, television, microwave, or observation stations and towers.
56
18 Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
19 Recreation facilities (commercial outdoor), including golf courses, golf
driving ranges, fairgrounds, animal race tracks, sports fields.
20 Rock crushing, asphalt or concrete botching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above matenals.
21 Salvage and wrecking operations.
22. Schools, preschool, elementary, junior or high schools (public), and
equivalent private schools.
23 Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required.
Section 19 TMC Chapter 18.41, Tukwila South Overlay District is amended as follows.
18 41 020 Permitted Uses
The following uses are permitted outright within the Tukwila South Overlay
district, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code
1.Adult day care.
2 Adult entertainment establishments are permitted, subject to the following
location restrictions.
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such uses,
areas or zones are located within or outside the City hmits
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC,
RCC, RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to elementary,
junior or senior high schools, or any facility owned or operated by such schools, and
b) Care centers, preschools, nursery schools or other child care facilities,
(3) In or within 1,000 feet of
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library
b The distances specified in TMC 18 41 020.2.a. shall be measured by
57
following a straight line from the nearest point of the property parcel upon, which the
proposed use is to be located, to the nearest point of the parcel of property or land use
district boundary line from which the proposed land use is to be separated.
c No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in this
section shall be measured by following a straight line between the nearest points of public
entry into each establishment.
3 Amusement parks.
4 Automobile, recreational vehicles or travel trailer sales rooms and travel trailer
or used car sales lots. No dismantling of cars or travel trailers or sale of used parts
allowed.
5 Automotive services
a. gas, outside pumps allowed,
b washing;
c body and engine repair shops (enclosed within a building)
6 Beauty or barber shops.
7 Bed and breakfast lodging.
8 Bicycle repair shops.
9 Billiard or pool rooms.
10 Brew pubs.
11 Bus stations.
12 Cabinet shops or carpenters shops employing less than five people.
13 Colleges and universities.
14 Computer software development and similar uses.
15 Continuing care retirement facility
16 Convalescent and nursing homes.
17 Convention facilities.
18 Day care centers.
58
1 224- Farming and farm- related activities.
1 232 Financial
19 Dwelling (allowed after residential design manual with crrtena for approval is
adopted by ordinance)
a. one detached single family unit per lot;
b multi family;
c. multi family units above office and retail space;
d. senior citizen housing.
20 Electrical substation and distribution.
21. Extended -stav hotel /motel
a. banking;
b mortgage;
c. other services.
243- Fire and police stations.
254 Fix -it, radio or television repair shops/ rental shops.
265 Fraternal organizations.
276 Frozen food lockers for individual or family use
287 Greenhouses or nurseries (commercial)
29g Hospitals, sanitariums and similar uses.
3029 Hotels.
310 Industries involved with etching, film processing, lithography, printing, and
pubhshmg.
32-1- Internet datal telecommunication centers.
332 Laundries
a. self serve,
b dry cleaning;
c tailor, dyeing.
d. commercial.
343- Libraries, museums or art galleries (public)
354 Manufacturing, processing and/ or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats
(provided that no slaughtering is permitted).
366 Manufacturing, processing and/ or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
59
376 Manufactunng, processing, and/ or packaging previously prepared materials
mcluding, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur,
furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood.
387 Manufacturing, processing, assembling, packaging and/ or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic
goods, measurement and control devices, and recording equipment.
398 Medical and dental laboratories.
403-9 Motels.
410 Movie theaters with three or fewer screens.
424- Neighborhood stormwater detention and treatment facilities.
432. Offices, including
a. medical,
b dental,
c government, excluding fire and police stations,
d. professional,
e. administrative;
f. business, such as travel, real estate;
g. commercial.
442 Outpatient, inpatient, and emergency medical and dental.
454 Pawnbrokers.
466 Planned shopping center (mall) up to 500,000 square feet.
476 Plumbing shops (no tin work or outside storage)
487 Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
49g Private stable.
5049 Recreation facilities (commercial- indoor), athletic or health clubs.
510 Recreation facilities (commercial indoor), including bowling alleys, skating
rinks, shooting ranges.
52. Religious facility with an assembly area of less than 750 square feet.
1 53-1- Rental of vehicles not requiring a commercial driver's license (including
60
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks)
542. Rental of commercial trucks and fleet rentals requiring a commercial driver's
license.
1 553 Research and development facilities.
564 Restaurants, including:
a. drive- through,
b sit down,
c. cocktail lounges in conjunction with a restaurant.
575 Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets,
jewelry, gifts, recreation equipment and sporting goods, and similar items.
586 Retail sales of furniture, appliances, automobile parts and accessories, hquor,
lumber/building materials, lawn and garden supplies, farm supplies.
597 Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recychng/Sohd Waste Space Requirements
chapter of this title
6058 Schools and studios for education or self improvement.
6159 Self- storage facilities.
620 Sewage lift stations.
634- Storage (outdoor) of materials allowed to be manufactured or handled within
facilities conforming to uses under this chapter, and screened pursuant to the
Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title
642 Studios art, photography, music, voice and dance
653 Taverns, nightclubs.
664 Telephone exchanges.
675 Theaters for live performances only, not including adult entertainment
establishments.
686 Tow truck operations, subject to all additional State and local regulations.
61
697 Water pump station.
1 7068 Vehicle storage (no customers onsite, does not include park- and -fly
operations)
1 7169 Other uses not specifically listed in this title, which the Director determines to
be
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
18 41 030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly
incidental to such permitted use, are allowed within the Tukwila South Overlay district
as follows
1 Accessory dwelling unit, provided.
a. minimum lot of 7,200 square feet;
b accessory dwelling unit is no more than 33% of the square footage of the
primary residence and a maximum of 1,000 square feet, whichever is less,
c one of the residences is the primary residence of a person who owns at
least 50% of the property;
d. dwelling unit is incorporated into the primary detached single- family
residence, not a separate unit, so that both units appear to be of the same design as if
constructed at the same time,
e. minimum of three parking spaces on the property with units less than 600
square feet, and a minimum offour spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
2 Dormitory as an accessory use to other uses that are otherwise permitted or
approved conditional uses such as churches, universities, colleges or schools.
3 Family child care home, provided the facility shall be licensed by the
Department of Social and Health Services Office of Child Care Policy and shall provide
62
a safe passenger loading zone.
4 Home occupations.
5 Parking areas.
6 Recreational area and facilities for employees.
7 Residences for security or maintenance personnel.
8 Other uses not specifically listed in this title, which the Director determines to be
a. uses that are customarily to other uses permitted outrisht within this
district
withn this district; and
b consistent with the stated purpose of this district; and
c consistent with the policies of the Tukwila Comprehensive Plan.
18 41 040 Conditional Uses
The following uses may be allowed within the Tukwila South Overlay district,
subject to the requirements, procedures, and conditions established by the Conditional
Use Permits chapter of this title and subject to a determination that the use is consistent
with and furthers the vision and principles established by the Tukwila South Master
Plan.
1 Cemeteries and crematories.
2 Rehzious facility with an assembly area greater than 750 sauare feetChurches and
community center buildings.
3 Helipads, accessory
4 Utilities, regional.
5 Mortician and funeral homes.
6 Park and -ride lots.
7 Radios, television, microwave, cellular or observation stations and towers.
8 Rock crushing, asphalt or concrete botching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
9 Schools, preschool, elementary, junior or high schools (public), and equivalent
private schools.
10 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front
yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet;
security required.
11 Other uses not specifically listed in this title, which the Director determines to
63
be
a. similar in nature to and compatible with other conditional uses permitted
within this district; and
b consistent with the stated purpose of this district; and
c consistent with the policies of the Tukwila Comprehensive Plan.
Section 20. TMC Chapter 18.50, Supplemental Development Regulations is amended as
follows
TMC 18.50.200 Peer review of technical studies
The Department of Community Development will review all technical information
submitted as part of any application to verify that it meets all the requirements of Tukwila
Municipal Code. At the discretion of the Director. any technical studies required as part
of the application including but not limited to noise reports. lighting plans. and parking
demand studies, may undergo peer review at the expense of the applicant.
Section 21 TMC Chapter 18.52, Landscape, Recreation, Recycling/Solid Waste Space
Requirements is amended as follows.
18 52.020Perimeter Landscaping Requirements by Zone District
A. In the various zone districts of the City, landscaping in the front, rear and side yards
shall be provided as established by the various zone district chapters of this title. These
requirements are summarized in the following table.
64
FRONT
ZONING YARD
DISTRICTS (SECOND
FRONT)
LDR(for uses 15
other than
dwelline units)
MDR
HDR
MUO
1 O
RCC
NCC
RC
RCM
TUC
C/LI
LI
HI
MIC /L
MIC/H
TVS
TS()
15
15
15 (12.5)2
15 (12.5)2
20
„,,,,2,3
3i
5
10
10
15 23
12.5 45
12.52
12.52
5 4 5
5 4 5
15
15
LANDSCAPE
TYPE FOR
FRONTS
Type I
Type I
Type I
Type I 6
Type I 6
Type I 6
Tvne I 6
Type I
Type I
Tvne I 5
Tvne I 5
Type II
Type II
Type II
Type II
Type II
Type I
65
LANDSCAPE
SIDE REAR TYPE FOR
YARD YARD SIDE/REAR
10 10 Type I
10
10
5 3
5 3
0
5 3
5 3
0
5 4
0
0
0
0
0
0
10
10
5
5 3
5 3 10
0
0
0
0
0
0
0
0
0
0
0
Type I
Type I
Type I 6
Type I 6
Type II
Type II
Tvne II 7
Tvne II 7
Tvne II 7
Tvne II 7
Type III
Type III
Type III
Type III
Type III
Type III
Notes.
1 Minimum required front yard landscaped areas in the MDR and HDR zones may
have up to 20% of their required landscape area developed for pedestrian and transit
facilities upon approval as a Type 2 special permission decision.
2. In order to provide flexibility of the site design while still providing the full amount of
landscaping reauired by code. the front yard landscape width may be divided into a
perimeter strip and one or more other landscape areas between the building and the
front property line, if the perimeter strip is a minimum of ten feet and the landscape
materials are sufficient to provide landscaping along the perimeter and screening of
the building mass
23 Required landscaping may include a mix of plant materials, pedestrian amenities and
features, outdoor cafe -type seating and similar features, subject to approval as a
Type 2 special permission decision. Required plant materials will be reduced in
proportion to the amount of perimeter area devoted to pedestrian oriented space.
34 Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
45 Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
56 Increased to Type II if the front yard contains truck loading bays, service areas or
outdoor storage.
47 Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or HDR.
.78 Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
89 Only required along public streets
910 Increased to 10 feet if adjacent to residential uses or non -TSO zoning
B The landscape perimeter may be averaged if the total required square footage is
achieved, unless the landscaping requirement has been increased due to proximity to
LDR, MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special
permission decision if all of the following criteria are met:
1 Plant material can be clustered to more effectively screen parking areas and
blank building walls.
2. Perimeter averaging enables significant trees or existing built features to be
retained.
3 Perimeter averaging is used to reduce the number of driveways and curb cuts
and allow joint use of parking facilities between neighboring businesses.
4 Width of the penmeter landscaping is not reduced to the point that activities
on the site become a nuisance to neighbors.
5 Averaging does not diminish the quality of the site landscape as a whole.
18 52 035 Interior Parking Lot Landscaping Requirements
Landscaping within parking areas shall be provided as shown below
1 Requirements for each distinctly separate parking area within the LDR zone
for uses other than dwelling units. and in the MDR and HDR zones.
a. For areas with up to 20 parking stalls per parking area, no interior
landscaping is required.
b For areas with 21 40 parking stalls per parking area, 7 square feet of
interior landscape area is required for each parking stall.
c For areas with more than 40 parking stalls per parking area, 12 square
feet of interior landscape area is required for each parking stall (see Multi Family Design
Guidelines, Site Planning Section, No 31 for the normal 15 square feet to be provided).
d. All parking areas shall have a perimeter landscape strip a minimum of 2
feet wide with an average width of 5 feet.
2 Requirements for parking lots within the 0, MUO, RCC, and NCC zones
a. For lots with up to 20 parking stalls, no interior landscaping is required.
b For lots with 21 40 parking stalls, a minimum of 10 square feet of
interior landscape area is required for each parking stall over 20
c. For lots with more than 40 parking stalls, a minimum of 200 square feet
of interior landscape area plus 15 square feet for each parking stall over 40 is required.
For areas placed behind buildings or otherwise screened from streets, parks and City
66
trails the interior landscape requirement is reduced to a minimum of 200 square feet plus
10 square feet for each parking stall over 40
3 Requirements for parking lots within the RC, RCM, TUC, C/LI and TVS
zones
a. For areas adjacent to public or private streets, a minimum of 15 square
feet of landscaping is required for each parking stall.
b For areas placed behind buildings or otherwise screened from streets,
parks and City trails a minimum of 10 square feet of interior landscape area is required
for each parking stall.
4 Planting Standards.
a. Interior landscape islands shall be distributed to break up expanses of
paving. Landscaped areas shall be placed at the ends of each interior row in the parking
area with no stall more than 10 stalls or 100 feet from a landscape area.
b The minimum size for interior parking lot planting islands is 100 square
feet.
c Planting islands shall be a minimum of 6 feet in any direction and
generally the length of the adjacent parking space.
d. Raised curbs or curb stops shall be used around the landscape islands to
prevent plant material from being struck by automobiles.
e. A minimum of 1 evergreen or deciduous tree is required per landscape
island with the remaining area to contain a combination of shrubs, living groundcover
and mulch.
18.52.030 Perimeter Landscape Types
A. Type I landscape perimeter
1 Purpose is to enhance Tukwila's streetscapes, provide a light visual separation between
uses and zoning districts, screen parking areas, and allow views to building
entryways and signage.
2. Plant materials shall consist of the following
a. One tree for each 30 lineal feet of required perimeter excluding curb cuts, and
b One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a planted
berm at least 24 inches high, and
c. Living groundcover to cover 90% of the landscape area within three years.
B Type II landscape perimeter
1 Purpose is to enhance Tukwila's streetscapes, provide a moderate visual separation
between uses and zoning districts, screen blank building walls and parking areas, and
allow views to building entryways and signage
2 Plant materials shall consist of the following.
a. One tree for each 20 lineal feet of required perimeter excluding curb cuts, and
b One shrub for each 5 lineal feet of required perimeter excluding curb cuts, and
c. Living groundcover to cover 90% of the landscape area within three years.
C Type III landscape perimeter
1 Purpose is to provide extensive visual separation between industrial areas and nearby
residential areas.
2 Plant materials shall consist of the following
a. One tree per 20 lineal feet of required perimeter excluding curb cuts, and
67
b Shrubs to provide a solid planting screen with a height of five to eight feet or a solid
wooden fence or masonry wall to be approved by the Community Development Director;
and
c. Living groundcover to cover 90% of the landscape area within three years.
D Plant material requirements.
1. Plants shall meet the current American Standard for Nursery Stock (American Nursery
and Landscape Association ANLA), and shall be healthy, vigorous, and well- formed,
with well developed, fibrous root systems. free from dead branches or roots. Plants shall
be free from damage caused by temperature extremes, lack or excess of moisture, insects,
disease, and mechanical iniurv. Plants in leaf shall be well foliated and of good color.
Plants shall be habituated to outdoor environmental conditions (hardened -off).
-1-2 A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls.
23 Deciduous trees shall be used to allow visual access to entryways, signage and
pedestrian use areas.
34 Evergreen shrubs shall be used to screen parking lots along street frontages.
45 In perimeters located adjacent to residential zones 75% of trees and shrubs shall be
evergreen.
56 Evergreen trees shall be a minimum of 6 feet in height at time of planting.
67 Deciduous trees shall have at least a 2 inch caliper at time of planting, determined
according to the American Standard for Nursery Stock.
78 Shrubs shall be at least 18 inches in height at time of planting.
9. No plants listed on the current Kina County Noxious Weed list may be used.
108 Existing vegetation may be used to meet the requirements of this chapter All
significant trees located within any required perimeter landscaping area which are
not dead, dying, or diseased and which do not pose a safety hazard as determined by the
Community Development Director shall be retained.
119 The classification of plant material as trees, shrubs and evergreens shall be as listed
in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U S and Canada.
18.52.040 General Landscape and Screening Requirements
A. Appropriate plant materials. New plant materials shall include native species or non-
native species that have adapted to the climatic conditions of the Puget
Sound Region and are suited to the planting site. taking into account final plant size.
stresses such as heat or freezing, space for planting, overhead lines or underaround
utilities present and shade or sun exposure. Drought resistant species are encouraged,
except where site conditions within the required landscape areas assure adequate
moisture for growth. Grass may be used as a groundcover where existing or
amended soil conditions assure adequate moisture for growth. Landscape perimeter trees
should be selected for compatibility with existing plant material or street trees.
B. Site preparation. Site preparation and planting of vegetation shall be in accordance
with best management practices for ensurma the vegetation's lona -term health and
68
survival and shall include. incorporation and tilling in of organic material to a depth of
18 inches and mulching.
CB Coverage standards. All landscaped areas in the MDR and HDR zones (including
shrub beds) shall achieve 90% live ground coverage in three years and all
areas not occupied by a building (including surface parking areas) shall achieve 40%
horizontal tree coverage in ten years.
DE Visibility. The landscaping shall not obstruct view from or into the driveway,
sidewalk or street. Landscape design shall allow for surveillance from streets and
buildings and avoid creating areas that might harbor criminal activity No shrubs shall be
planted or allowed to grow over two feet in height within thirty feet of intersecting
curblmes or pavement edges (see TMC 11.20 090) No tree may be planted within two
feet ofa
sidewalk or pavement edge.
ED Outside storage areas. Outdoor storage shall be screened from abutting public and
private streets and from adjacent properties. Such screens shall be a minimum of eight
feet high and not less than 60% of the height of the material stored. Said screens shall be
specified on the plot plan and approved by the Community Development Director
Except in the MDR and HDR zones, where outdoor storage shall be fully screened
from all public roadways and adjacent parcels with a sight obscuring structure equal in
height to the stored objects and with a solid screen of exterior landscaping. A top
screen cover may be exempted if the item(s) has a finished top and an equivalent design
quality is maintained. The screening structure shall reflect building architecture as
determined by the BAR to be appropriate
FE. Ground level mechanical equipment and garbage storage areas shall be screened with
evergreen plant materials and/or fences or masonry walls
GE Fences. All fences shall be placed on the interior side of any required perimeter
landscaping.
HG Lighting. Trees shall not be planted in locations where they would obstruct existing
or planned street or site lighting.
III. Automatic irrigation. All landscape areas shall be served by an automatic irrigation
system. Water conservation features such as moisture sensors with automatic ram shut-
off devices, automatic timers, pressure regulating devices, backflow prevention devices,
separate irrigation zones for grass and planting beds, and sprinkler heads matched to site
and plant conditions shall be installed. Irrigation water shall be applied with goals of
avoiding runoff and overspray onto adjacent property, non irrigated areas and impervious
surfaces.
IJ Utility easements. Utility easements and other similar areas between property lines
and curbing shall be landscaped and/or treated with dust and erosion control planting or
surfacing such as evergreens, groundcover, shrubs, trees, sod or a combination of similar
materials. In areas of overhead transmission lines, no shrubs or trees over 20 feet at
maturity will be allowed. Trees should not be planted within 10 feet of underground
water, sewer or storm drainage pipes.
18.52.050 Landscape Plan Requirements
69
A. A Washington State licensed landscape architect shall prepare and stamp the
landscape plans in accordance with the standards herein. Detailed plans for landscaping
and screening shall be submitted with plans for building and site improvements. Included
in the plans shall be type, quantity, spacing and location of plants and materials. site
preparation and specifications for soils and mulches. location of all overhead and
underground utilities (so as to avoid conflicts with proposed Dlantina locations). typical
planting details and the location of irrigation systems.
B Installation of the landscaping and screening shall be completed and a Landscaping
Declaration submitted by the owner or owner's agent prior to issuance of the
certificate of occupancy If necessary due to weather conditions or construction
scheduling the installation may be postponed to the next planting season if approved by
the Community Development Director and stated on the building permit. A performance
assurance device equal to 150% of the cost of the labor and materials must be
provided to the City before the deferral is approved. The property owner shall keep all
planting areas free of weeds and trash and replace any unhealthy or dead plant
materials for the life of the project in conformance with the intent of the approved
landscape plan and TMC 8.28 180
Section 22. TMC Chapter 18 56, Offstreet Parking and Loading Regulations is amended
as follows
18 56 040 General Requirements
Any required off street parking and loading facilities shall be developed in accordance
with the following standards
1 Location. Any on- premises parking area which contains parking stalls located
more than 1,000 feet from the principal use shall require Board of Architectural Review
approval for the entire parking lot.
2. Minimum parking area dimensions for surface and structured parking
facilities shall be as provided in Figure 18 -6 Standard and compact parking stall shall be
allowed a two foot landscaping overhang to count towards the stall length.
3 Tandem Parking Spaces In the MDR and HDR zones, tandem spaces (where
one car is parked directly behind another) will be allowed for each three bedroom and 1/3
of all two bedroom units. No more than 1/3 of all project parking spaces may be tandem
and all tandem parking spaces will be designed for full size rather than compact size
vehicles based on the dimensions in Figure 18 -6
4 Parking Area and Parking Area Entrance and Exit Slopes The slope of off
street parking spaces shall not exceed 5 The slope of entrance and exit driveways
providing access for off street parking areas and internal driveway aisles without parking
stalls shall not exceed 15%
5 Driveways and maneuverability
a. Adequate ingress to and egress from each parking space shall be provided
without moving another vehicle and without backing more than 50 feet.
b Turning and maneuvering space shall be located entirely on private
property unless specifically approved by the Public Works Director and the Board of
Architectural Review
70
c All parking spaces shall be internally accessible to one another without
reentering adjoining public streets.
d. When off street parking is provided in the rear of a building and a
driveway or lane alongside the building provides access to rear parking area, such
driveway shall require a minimum width of twelve feet and a sidewalk of at least a three
foot section, adjoining the building, curbed or raised six inches above the driveway
surface
e. Ingress and egress to any off street parking lot shall not be located closer
than 20 feet from point of tangent to an intersection.
f. The Public Works Director or Planning Commission may require ingress
separate from an egress for smoother and safer flow of traffic.
6 The Director may require areas not designed or approved for parking to be
appropriately marked and/or signed to prevent parking.
7 Surface
a. The surface of any required off street parking or loading facility shall be
paved with asphalt, concrete or other similar approved material (s) and shall be graded
and drained as to dispose of all surface water, but not across sidewalks.
b All traffic- control devices, such as parking stripes designating car stalls,
directional arrows or signs, bull rails, curbs and other developments shall be installed and
completed as shown on the approved plans.
c. Paved parking areas shall use paint or similar devices to delineate car
stalls and direction of traffic
d. Where pedestrian walks are used in parking lots for the use of foot traffic
only, they shall be curbed or raised six inches above the lot surface.
e. Wheel stops shall be required on the periphery of parking lots so cars will
not protrude into the public right -of -way, walkways, off the parking lot or strike
buildings. Wheel stops shall be two feet from the end of the stall of head -in parking.
8 Parallel parking stalls shall be designed so that doors of vehicles do not open
onto the public right -of -way
9 Obstructions No obstruction which would restrict car door opening shall be
permitted within five feet of the centerline of a parking space.
10 Lighting Any lighting on a parking lot shall illuminate only the parking lot,
designed to avoid undue glare or reflection on adjoining premises.
11 Curb -cuts. All parking areas shall have specific entrance and/or exit areas to
the street. The width of access roads and curb -cuts shall be determined by the Public
Works Director The edge of the curb -cut or access road shall be as required by the
Public Works Director for safe movement of vehicles or pedestrians. Curb -cuts in single
family districts shall be limited to a maximum of 20 feet in width and the location shall
be approved by the Public Works Director
12 Parking stalls shall not be used for permanent or semi- permanent parking or
storage of trucks or materials.
Figure 18 -7 CZ q
Use
Single- family and multi-
i ed ft .k f king spaces too jt t rtobikks and Bl c
Automobile Standard Bicycle Standard
1 2 for each dwelling unit that 1 For multi- family, 1 space
71
family
dwellings
Senior Citizen Housing
Religious
facihtiesChurches.,
mortuaries and funeral
homes
Colleges, Universities,
Vocational
Schools and other post-
secondary
educational institutions
Convalescent/nursing /rest
homes
Food stores and markets
High schools
Hospitals
contains up to 3 bedrooms.
1 additional space for
every 2 bedrooms in excess
of 3 bedrooms in a dwelling
unit. Additional
parking may be required for
home occupations and
accessory dwelling units
as otherwise proved by this
title
For 15 units or less, 1 space
per dwelling unit. For
dwellings with more than
15
units, a minimum of 15
spaces are required, plus 1
space per 2 dwelling units.
1 for each 4 fixed seats
Shall be determined by
Planning Commission,
based on an evaluation of
information concerning
traffic generated by
proposed use.
1 for every 4 beds with a
minimum of 10 stalls
1 for each 300 square feet
of usable floor area
1 for each staff member
plus 2 for every 5 students
or visitors
1 for each bed
72
per 10
parking stalls, with a
minimum of 2 spaces. No
requirement for single
family
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Hotels, and motels and
extended stay
Manufactunng
Office, commercial and
professional buildings,
banks,
dental and medical clinics
Outdoor sports areas Of
parks
Places of public assembly,
including auditoriums,
exhibition
halls, community clubs,
community
centers, and private clubs
Post offices
1 for each room, plus one
employee space for each 20
rooms, rounded to the
next highest figure
1 for each 1,000 square feet
of usable floor area
3 0 for each 1,000 square
feet of usable floor area
Shall be determined by
Planning Commission
The Director shall
determine the number of
required parking spaces,
with a
minimum of 1 space for
every 100 square -feet of
assembly area. To ensure
parking adequacy for each
proposal, the Director may
consider the following:
a. A parking study or
documentation paid for by
the applicant and
administered by the City
regarding the actual parking
demand for the
proposed use, or
b Evidence in available
planning and technical
studies relating to the
proposed use.
3 for each 1,000 square feet
of usable floor area
73
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
1 space per 50 parking
stalls, with a
minimum of 2 spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
Public facilities, including Shall be determined by the 1 space per 50 parking
libraries, Planning Commission stalls, with a minimum of 2
police and fire stations
Restaurant
Restaurant, Fast food
Retail Sales, Bulk
Retail sales, General
Schools, Elementary 1 5 for each staff member
Junior High
Shopping center (mall), planned, per usable floor area size, as listed below
500,000 sq ft. or larger
25,000 499,999 sq ft.
Taverns
Theaters
1 for each 100 square feet
of usable floor area
1 for each 50 square feet of
usable floor area. Fifty
percent of any outdoor
seating area will be added
to the usable floor area for
parking requirement
calculations.
2 5 for each 1,000 square
feet of usable floor area
4 for each 1,000 square feet
of usable floor area if
located within the TUC or
TVS zoning districts, 2.5
for each 1,000 square feet
of usable floor area if
located in any other zoning
district.
5 for every 1,000 sq ft.
4 for every 1,000 sq ft.
1 for every 4 persons based
on occupancy load.
1 for every 4 fixed seats. If
seats are not fixed, 1 per 3
seats, with
concurrence of Fire Chief,
74
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per classroom
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 50 parking
stalls, with a minimum of 2
spaces.
1 space per 100 seats, with
a
minimum of 2 spaces.
consistent with maximum
allowed occupancy
Warehousing 1 for every 2,000 square 1 space per 50 parking
feet of usable floor area stalls, with a minimum of 2
spaces.
Section 23. TMC Chapter 18 60, Board of Architectural Review is amended 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, MIC /L, and MIC/H Districts, except when
within 300 feet of residential districts or within 200 feet of the Green/Duwamish 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
m MUO, 0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts, and
b for any site in the NCC, MUO or RC zoning districts in the Tukwila
International Boulevard corridor (see TMC Figure 18 -9).
c. for any multifamily structures in MDR and HDR zones.
3 Development applications using the procedures of 18 60 060, 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.
75
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. Minor
amendments to an approved project may be permitted upon request to the Director where
they do not substantially change the appearance, intensity or impacts of the project.
Major amendments to an approved project will require submittal of a new design review
application. A major amendment is a substantial change to elements of the approved
plans, including substantially revised building design, alteration of circulation patterns or
intensification of development on the site
Section 24. TMC Chapter 18.96, Administration and Enforcement is amended as follows.
18 96 030Review of Zoning Compliance
No department, official, or employee of the City shall issue an occupancy permit until
there has been endorsed thereon certification of compliance with the applicable
regulations of this title by the Director or his delegate. For the purposes of Chapter 18.96,
an occupancy permit shall mean the review and recordma of zonma compliance as
accomplished throuah the buildma permit and business license application procedures.
Section 25. TMC Chapter 18.104, Permit Application Types and Procedures is amended
as follows
18 104 010 Classification of Project Permit Applications
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.
1 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
Any land use permit or approval
issued by the City, unless
specifically categorized as a
Type 2, 3, 4, or 5 decision by
this Chapter
Boundary Line Adjustment,
including Lot Consolidation
(TMC 17 08)
Development Permit
DECISION
MAKER
As specified by
ordinance
Community
Development
Director
Building
Official
76
Minor modification to design
review approval (TMC
18 60 030)
Minor Modification to PRD
(TMC 18 46 130)
Sign Permit, except for those
sign permits specifically
requiring approval of the
Planning Commission, or
denials of sign permits that are
appealable
Tree Permit (TMC 18.54)
Wireless Communication
Facility, Minor (TMC 18 58)
2 TYPE 2 DECISIONS are decisions which are initially made by the Director
or, in certain cases, other City administrators or committees, but which are subject to an
open record appeal to the Hearing Examiner, Board of Architectural Review. Planimng
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
Administrative
Design Review
(TMC 18 60 030)
Administrative
Planned Residential
Development
(TMC 18 46 110)
Binding Site
Improvement Plan
(TMC Chap 17 16)
Cargo Container
Placement
(TMC 18 50 060)
Code Interpretation
(TMC 18 90 010)
INITIAL
DECISION
MAKER
Community
Development
Director
Short Plat
Committee
Short Plat
Committee
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
!APPEAL BODY
(open record
appeal)
Board of
Architectural
Review
Hearing
Examiner
Hearing
Examiner
Hearing
Examiner
Hearing
Examiner
77
Exception from
Single- Family
Design Standard
(TMC 18.50 050)
Modification to
Development
Standards 9TMC
18.41 100)
Parking standard for
use not specified
(TMC 18.56 100)
Sensitive Areas
(except Reasonable
Use Exception)
(TMC 18 45)
Shoreline Substantial
Development Permit
(TMC Chapter
18 44)
Short Plat
(TMC 17 12)
Sign Area Increase
(TMC 19.32 140)
Sign Permit Denial
(TMC Chapter
19 12)
Special Permission
Parking, and
Modifications to
Certain Parking
Standards (TMC
18 56 065 and 070)
Special Permission
Sign, except "unique
sign" (various
sections of TMC
Title 19)
Wireless Communica-
tion Facility, Minor
(TMC 18 58)
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Short Plat
Committee
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Hearing
Examiner City
Council
Hearing
Examiner
Hearing
Examiner
Planning
Commission
Hearing
Examiner
State
Shoreline
Hearings
Board
Hearing
Examiner
Hearing
Examiner
Planning
Commission
Hearing
Examiner
Planning
Commission
Hearing
Examiner
Hearina
Examiner
Planning
Commission
Hearing
Examiner
3 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
78
1 Supenor Court, except for shoreline variances and shoreline conditional uses that may be
appealed to the State Shoreline Hearings Board pursuant to RCW 90.58
TYPE 3 DECISIONS
TYPE OF PERMIT
Resolve uncertain zone
distract boundary
Variance (zoning, shoreline,
sidewalk, land alteration,
sign)
TSO Special Permission
Use (TMC 18 41 060)
Conditional Use Permit
Modifications to Certain
Parking Standards
(TMC Chapter 18.56)
Reasonable Use Exceptions
under Sensitive Areas
Ordinance
(TMC 18.45.180)
Variance from Parking
Standards over 10% (TMC
18.56.140)
Shoreline Conditional Use
Permit
(TMC 18.44 050)
Subdivision Preliminary
Plat with no associated
Design Review application
(TMC 17.14.020)
Wireless Communication
Facility. Maior or Waiver
Request
(TMC 18.58)
1
DECISION
MAKER
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Planning
Commission
Hearing Examiner
79
TYPE 4 DECISIONS
APPEAL BODY
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
State Shorelines
Hearings Board
Superior Court
Hearing Examiner Superior Court
4 TYPE 4 DECISIONS are quasi judicial decisions made by the Board of
Architectural Review or the Planning Commission, following an open record hearing.
1 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 OF PERMIT
Conditional Use
Permit
(TMC Chapter 18.64)
Modifications to
Certain-Parking
Standards
(TMC Chapter 18.56)
Public Hearing Design
Review
(TMC Chap 18 60)
Reasonable Use
Exceptions under
Sensitive-Areas
Ordinance
(TMC 18.45.180)
Shoreline Conditional
Use Permit
(TMC 18.41.050)
Subdivision
Preliminary Plat with
an associated Design
Review anplhcation
(TMC 17 14 020)
Unique Signs
(TMC 19.28 010)
Variance from Parking
Standards over 10%
(TMC 18.56.110)
Wireless Commumca
tion Facility, Major or
Waiver Request
(TMC 18 58)
TYPE OF PERMIT
INITIAL
DECISION
MAKER
Planning
Commission
Planning Hearing
Commission Examiner
Board of
Architectural
Review
Planning
Commission
Planning
Commission
Planning
Commission
Planning
Commission
Planning
Commission
Planning
Commission
APPEAL
BODY (closed
record appeal)
City Council
Hearing
ExaminerC ty
Council
City Council
State
Shorelines
Hearings
Beard
Hearing
ExaminerCity
Council
Hearing
ExaminerG y
Council
Hearing
Examiner
City Council
5 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
DECISION
MAKER
80
Planned Residential
Development (PRD), including
Major Modifications (TMC
18 46)
Rezone (TMC Chapter 18.84)
Sensitive Area Master Plan
Overlay (TMC 18 45 160)
Shoreline Environment
Redesignation (Shoreline Master
Program)
Subdivision Final Plat
(TMC 17 12.030)
Unclassified Use
(TMC Chapter 18 66)
City Council
!City Council
City Council
City Council
City Council
City Council
18 104 060 Application Requirements
In order to comply with the requirements of RCW 36 70B 080 (which requires that the
City specify the contents of a complete application for a land use permit), RCW
36 70B 070 (which requires the City to determine whether applications are complete
within 28 days of submission) and RCW 36 70B 090 (which requires the City to make a
decision on a permit application within 120 days of determining the application is
complete), the following standards for permit applications are established.
1 Applications shall be made by the property owner, lessee, contract purchaser,
governmental agency, or by an authorized agent thereof. The Department shall not
commence review of any application set forth in this chapter until the applicant has
submitted the materials and fees specified for complete applications. Applications shall
be considered complete as of the date of submittal upon determination by the Department
that the materials submitted meet the requirements of this section. Except as provided in
Subsections 2 and 4 of this section, all land use permit applications shall include the
following in quantities specified by the Department:
a. An application form provided by the Department and completed by the
applicant. The applicant shall be allowed to file a consolidated application for all land
use project permits requested by the applicant for the development proposal at the time
the application is filed.
b If the water utility serving the site is an entity other than the City, a
current Certificate of Water Availability from the water utility purveyor serving the site
pursuant to TMC 14.36 010
c Site percolation data approved by the Seattle -King County Department of
Environmental Health pursuant to TMC 14.36 020 if the site is proposed for development
using a septic system, or a Certificate of Sewer Availability from the sewer utility
purveyor serving the site if the sewer utility serving the site is an entity other than the
City
d. A site plan, prepared in a form prescribed by the Director
81
e Proof that the lot or lots are recognized as separate lots pursuant to the
provisions of TMC Title 17 and RCW 58 17
f. Any sensitive areas studies required by TMC Chapter 18 45
g. A completed environmental checklist, if required by TMC Chapter 21 04
h. A list of any existing environmental documents known to the applicant or
the City that evaluate any aspect of the proposed project.
i. A list of any permits or decisions applicable to the development proposal
that have been obtained prior to filing the application or that are pending before the City
or any other governmental entity
J A storm water design which meets the requirements set forth in the
Surface Water Design Manual adopted pursuant to TMC 16.54 060
k. For land use permits requiring a Type 3, 4 or 5 decision. current
Assessor's maps and a list of tax parcels to which public notice must be given, a set of
mailing labels addressed to the owners thereof; and a set of mailing address labels
addressed to the occupants thereof, including tenants in multiple occupancy structures, to
the extent the owner's addresses are not the same as the street addresses of the properties
to which notice is required. In lieu of the mailma labels the applicant can nav public
notice mailing fee as established by the Land Use Fee Schedule.
1. Legal description of the site.
m. A soils engineering report for the site.
n. Traffic study or studies, if required pursuant to TMC Chapter 9 48
o A landscaping plan, if required by TMC Chapter 18 52.
p A tree clearing plan, if required by TMC Chapter 18 54
q A parking plan, if required by TMC Chapter 18 56
Design review plans and related documents, if required by TMC Chapter
18 60 or the Shoreline Master Program.
s. Verification of applicable contractor's registration number, if required by
RCW 18.27 110
2. The Director may waive any of the specific submittal requirements listed in
this section that are determined to be unnecessary for review of an application.
3 A permit application is complete for purposes of this section when it meets the
procedural submission requirements of the Department and is sufficient for continued
processing even though additional information may be required or project modifications
may be subsequently undertaken. The determination of completeness shall not preclude
the Department from requesting additional information or studies either at the time of
notice of completeness or subsequently if new or additional information is required or
substantial changes in the proposed action occur, as determined by the Department.
4 There are additional apphcation requirements for the following land use
permits, which must be provided in addition to the materials identified in this section in
order for an application to be deemed complete
a. Land altering permit, see TMC 16.54 100, 110 and .230
b Construction permits, see TMC Title 16, building and construction codes.
c. Water system connections, see TMC 14 04 030
d. Sanitary sewer connection, see TMC 14 12.070
e. Flood control zone permit, see TMC 16 52.070
f. Short subdivisions, see TMC 17 08 030
82
g. Preliminary subdivisions, see TMC 17 12.020
h. Final subdivisions, see TMC 17 12 030
1. Binding site improvement plans, see TMC 17 16 030
j Planned residential developments, see TMC 18 46 110
k. Sign permits, see TMC 19 12 020 and 030
1. Shoreline substantial development permits, shoreline conditional use
permits and shoreline variances, see TMC Chapter 18 44, RCW 90.58 and the applicable
Shoreline Master Program.
m. Wireless communication facility permits, see Chapter TMC 18.58
5 The applicant shall attest by written oath to the accuracy of all information
submitted for an application. The Department shall have the authority to require the
applicant to submit a title report or other proof of ownership of the property or other
proof of the applicant's authority to submit an application regarding the property
6 Applications shall be accompanied by the payment of applicable filing fees, if
any
18 104 080 Notice of Application Contents
A. A Notice of Application shall be provided to the public and departments and
agencies with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5
decisions and for all Type 1 decisions which require SEPA review, except that a Notice
of Application is not required in the case of a Code Interpretation pursuant to TMC
18.96 010 or a Sign Permit Denial pursuant to TMC Chapter 19 12.
B A Notice of Application shall be issued by the Department within 14 days following
the Department's determination that the application is complete.
C If the Responsible Official has made a Determination of Significance (DS) under
RCW 43.21 prior to the issuance of the Notice of Application, notice of the determination
shall be combined with the Notice of Application. If a determination of significance
(DS) has been made prior to the issuance of the Notice of Application, the Notice of
Application shall also include the scoping notice required by WAC 197 -11 -360
D All required Notices of Application shall contain the following information.
1 The file number
2. The name of the applicant and the owner of the property, if different than the
applicant.
3 A description of the project, the location, a list of the permits included in the
application and the location where the application and any environmental documents or
studies can be reviewed.
1. A site plan on 8 1/2 x 11 inch paper, if applicable.
54 A statement establishing a public comment period, which shall be 14 days for
Type 1, 2, 3 and 4 decisions and 21 days for Type 5 decisions following the date of the
Notice of Application, provided that a public comment period is not required in the case
of a Code Interpretation pursuant to TMC 18 96 010 or a Sign Permit Denial pursuant to
TMC Chapter 19 12, and further provided that the comment period for projects requiring
a Shoreline Substantial Development permit shall be either 20 or 30 days, as specified in
RCW 90 58 140
65 The procedures and deadline for filing comments, requesting notice of any
required hearings, and any appeal rights. Any person may comment in writing on the
83
1
1
application during the public comment period, and may participate by submitting either
written or oral testimony, or both, at any hearings, and may request a copy of the decision
once made. The Notice shall specify any appeal procedures that apply to the permit
application.
76 For Type 5 decisions, the date, time and place of the public meeting required
by TMC 18 112.120 and an explanation of the purpose of and procedure to be followed at
such meeting.
87 The date, time place and type of hearing, if applicable and scheduled at the
time of notice.
98 The identification of other permits not included in the application to the extent
known by the Department.
4-09 A statement of the preliminary determination, if one has been made, of those
development regulations that will be used for project mitigation and for determining
consistency with applicable City requirements.
E. Additional information is required by RCW 90 58 for Notices of Application for
projects which require a Shoreline Substantial Development permit.
F Except for a determination of significance, the Department shall not issue a
threshold determination pursuant to RCW 43.21C, and the Department shall not issue a
decision or a recommendation on the application until the expiration of the public
comment period on the Notice of Application.
18 104 090 Notice of Apphcation Procedure
Notice of Application shall be provided as follows
1 For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require
SEPA review, the Notice of Application shall be mailed by first class mail to the
applicant and to departments and agencies with junsdiction, except that a Notice of
Application is not required in the case of a Code Interpretation pursuant to TMC
18 96 010 or a Sign Permit Denial pursuant to TMC Chapter 19 12
2. For Type 1 decisions and Type 2 decisions which require SEPA review, the
Notice of Application shall be provided by posting pursuant to TMC 18 104 110,
provided that the Notice of Application for a Type 1 decision involving a single family
residence need not be posted but shall be published one time in a newspaper of general
circulation in the City
3 For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice
of Application shall be posted pursuant to TMC 18 104 110 and mailed pursuant to TMC
18 104 120 Notice requirements for secure community transition facilities shall be in
accordance with RCW 71 09.315 as amended.
4 For applications which require any Shoreline permit, additional notice shall be
provided as required by RCW 90 58
5 For preliminary plats, additional published notice shall be provided as
required by RCW 58 17 090(a).
6 The Director shall have the discretion in unusual circumstances (i.e., lengthy
utility corridor or right -of -way construction projects) where posting and mailed notice
would be impractical, to require the notice of application to be published in a newspaper
of general circulation in the area where the proposal is located, in lieu of posting and
mailed notice
84
7. Email notification can substitute for lame mailmas where the parties of record
were informed about this form of notification and they elected to receive information
electronically.
18 104 120 Mailed Notice
A. Mailed notice shall be issued by first class mail by the Department within 14 days
following the Department's determination of completeness as follows.
1 To owners of record of property within 500 feet of the site, and to the
occupants thereof to the extent the street addresses of such properties are different than
the mailing addresses of the owners.
2 To any agency or tribe which the Department may identify as having an
interest in the proposal.
3 To any other party of record.
B Mailed notice shall be considered supplementary to posted notice and be deemed
satisfactory despite the failure of one or more persons to receive mailed notice.
18 104 160 Hearing Scheduling Notice of Hearing
A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open
record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4
decisions, the Department shall issue a Notice of Hearing by mail pursuant to the
provisions of TMC 18 104 120 Notice requirements for secure community transition
facihties shall be in accordance with RCW 71 09.315 as amended.
In addition, at least 14 days before such hearing, the Director shall post the Notice of
Hearing on any posted notice board(s) erected pursuant to TMC 18 104 110 Such Notice
of Hearing shall include the following information.
1 The file number
2 The name of the applicant.
3 A description of the project, the location, a list of the permits included in the
application, and the location where the application, the staff report, and any
environmental documents or studies can be reviewed.
4e plan on 8 5 x 11 inch paper, if applicable.
5 The date, time, place and type of hearing.
6 The phone number of the Department and the name of the staff person who
can provide additional information on the application and the hearing.
B The Director shall have the discretion to include additional information in the
Notice of Hearing if the Director determines that such information would increase public
awareness or understanding of the proposed project.
C. Email notification can substitute for lame mailim where the parties of record were
informed about this form of notification and they elected to receive information
electronically.
Section 26. TMC Chapter 8.25, Vehicle Storage and Parking is amended as follows
8.25.020 Parking Limitations.
85
A. The requirements of TMC Chapter 8.25 apply to the storage and parking of vehicles
on properties devoted to single- family residential use.
B Motor vehicles on property devoted to single family residential use shall be parked on
an approved durable uniform surface. Motor vehicles, other than those specified in TMC
8.25 020C, shall not be parked in setbacks except in front yard or side street setbacks
when in a driveway that provides access to an approved parking location and is in
conformance with TMC Title 18, as that title currently exists or as it may be subsequently
amended. However parking in the rear setback of a single family home is permitted
where the parkma is connected to a rear alley.
C Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved
durable uniform surface and shall not be parked, kept or stored in required front yard
setbacks, except for a driveway Recreational vehicle parking in the side or rear yard
setbacks is allowed, provided no recreational vehicle is parked so as to prevent access by
emergency responders to all sides of a structure.
D Approved durable uniform surfaces outside of structures on -site may cover a
maximum of 1,200 square feet or 10% of the lot surface, whichever is greater
E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be
approved durable uniform surface. An approved durable uniform surface exceeding this
requirement on the effective date of this ordinance may be maintained, but shall not be
expanded.
F Single family properties on pre existing, legal lots of record containing less than 6,500
square feet are exempt from the requirements of 8.25 020D
Section 27 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
mvand 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 28. 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
and effect five (5) 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
2009
ATTEST /AUTHENTICATED
Christy O'Flaherty, City Clerk
86
Jim Haggerton, Mayor
APPROVED AS TO FORM.
By
Office of the City Attorney
FILED WITH THE CITY CLERK.
PASSED BY THE CITY COUNCIL
PUBLISHED
EFFECTIVE DATE
ORDINANCE NO
87