HomeMy WebLinkAboutReg 2010-07-06 Item 5C.2 - Ordinance - Zoning Code Amendments on Noise RegulationsCATEGORY
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SUMMARY
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Comments.
1 MTG. DATE
04/26/10
1 05/03/10
06/28/10
MTG. DATE
06/28/10
07/06/10
Meeting Date
04/26/10
05/03/10
06/28/10
07/06/10
Discussion n Motion E Resolution
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ITEM INFORMATION
CAS NUMBER: 10-048
ORIGINAL AGENDA DATE: APRIL 26, 2010
AGENDA ITEM TITLE An Ordinance to update the Noise Code.
ITEM NO.
C
Ordinance Bid Award Public Heanng n Other
Mtg Date 06/28/10 Mtg Date Mtg Date Mtg Date 7/06/10 Mtg Date Mtg Date 04/26/10 Mtg Date
Council Mayor Adm Svcs DCD Finance n Fire I Legal P&R Police n PW/
A Public Hearing on an ordinance updating regulations related to noise was conducted on
4/26/10.
The Council is being asked to consider and forward to Full Council for adoption a revised
draft ordinance updating regulations related to noise and an ordinance amending the
Zoning Code to reflect changes based on new noise regulations.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utihties Cmte Arts Comm. 1 Parks Comm. n Planning Comm.
DATE: 04/12/10 06/14/10
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development Police Department
COMMITTEE Forward to Committee of the Whole for discussion
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
$0
n Transportation Cmte
EXPENDITURE REQUIRED APPROPRIATION REQUIRED
$0 $0
RECORD OF COUNCIL ACTION
Public Hearing; Recommended to Full Council for adoption
Recommend return to CAP w /map options to address citizen's concerns
Forward to next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 6/28/10
Ordinance updating Noise Regulations in draft form
Ordinance amending the Zoning Code in draft form
Informational Memorandum with attachments from CAP dated 6/14/10
Minutes from the Community Affairs and Parks Committee meeting of 06/14/10
Ordinances in final form
15
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2119, 2135, 2235 AND 2251, AS
CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO
CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS TO
REFLECT CHANGES TO TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the noise code of the City of Tukwila establishes permit application types
pursuant to the Zoning Code; and
WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and
procedures and the City wishes to update these permit types to include noise variance
applications; and
WHEREAS, on April 26, 2010, the Tukwila City Council Committee of the Whole, following
adequate public notice, held a public hearing to receive testimony concerning amending the
noise code and adopted a motion recommending the proposed changes; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinances Amended. Ordinance Nos. 2119 §1, 2135 §19, 2235 §19 and 2251
(part), as codified at TMC Section 18.104.010, are amended to read 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 DECISION MAKER 1
Administrative Variance for Noise 30 Community Development Director
City of Tukwila
days or less (TMC 8.22.120)
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 Chapter 17.08)
Development Permit
Minor modification to design review
approval (TMC Section 18.60.030)
Minor Modification to PRD
(TMC Section 18.46.130)
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As specified by ordinance
Community Development Director
Building Official
Community Development Director
Community Development Director
Page 1 of 4
27
2
TYPE OF PERMIT
Sign Permit, except for those sign permits
specifically requiring approval of the
Planning Commission, or denials of sign
permits that are appealable
1 Tree Permit (TMC Chapter 18.54)
Wireless Communication Facility, Minor
(TMC Chapter 18.58)
TYPE OF PERMIT
Administrative Design Review
(TMC Section 18.60.030)
Administrative Planned
Residential Development
(TMC Section 18.46.110)
Administrative Variance for
Noise 31 -60 days (TMC
Section 8.22.120)
Binding Site Improvement
Plan (TMC Chapter 17.16)
Cargo Container Placement
(TMC Section 18.50.060)
Code Interpretation
(TMC Section 18.90.010)
Exception from Single Family
Design Standard (TMC Section
18.50.050)
Modification to Development
Standards (TMC Section
18.41.100)
Parking standard for use not
specified (TMC Section
18.56.100)
Sensitive Areas
(except Reasonable Use
Exception) (TMC Chapter
18.45)
Shoreline Substantial
Development Permit (TMC
Chapter 18.44)
Short Plat (TMC Chapter
17.12)
Sign Area Increase
(TMC Section 19.32.140)
Sign Permit Denial
(TMC Chapter 19.12)
Special Permission Parking,
and Modifications to Certain
Parking Standards (TMC
Sections 18.56.065 and .070)
Special Permission Sign,
except "unique sign" (various
sections of TMC Title 19)
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DECISION MAKER
Community Development Director
Short Plat Committee
Community Development Director
Community Development Director
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, or, in the case of shoreline permits, an
appeal to the State Shorelines Hearings Board pursuant to RCW 90.58.
Type 2 Decisions
INITIAL DECISION
MAKER
Community Development
Director
Short Plat Committee
Community Development
Director
Community Development
Director
Community Development
Director
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
APPEAL BODY
(open record appeal)
Board of Architectural
Review
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
State Shorelines
Hearings Board
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Page 2 of 4
TYPE OF PERMIT
Wireless Communication
Facility, Minor (TMC Chapter
18.58)
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 Superior Court,
except for shoreline variances and shoreline conditional uses that may be appealed to the State
Shorelines Hearings Board pursuant to RCW 90.58
Type 3 Decisions
1 TYPE OF PERMIT
I Conditional Use Permit
Modifications to Certain Parking
Standards (TMC Chapter 18.56)
Reasonable Use Exceptions under
Sensitive Areas Ordinance (TMC Section
18.45 180)
1 Resolve uncertain zone district boundary
Shoreline Conditional Use Permit (TMC
Section 18.44.050)
Subdivision Preliminary Plat with no
associated Design Review application
(TMC Section 17.14.020)
TSO Special Permission Use (TMC
Section 18.41.060)
Variance (zoning, shoreline, sidewalk,
land alteration, sign)
Variance from Parking Standards over
10% (TMC Section 18.56.140)
Variance for Noise in excess of 60 days
(TMC Section 8.22.120)
Wireless Communication Facility, Major
or Waiver Request (TMC Chapter 18.58)
4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural
Review or the Planning Commission, following an open record hearing. Type 4 decisions may
be appealed to the Hearing Examiner based on the record established by the Board of
Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that
are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58.
Type 4 Decisions
TYPE OF PERMIT
Public Hearing Design Review
(TMC Chapter 18.60)
Subdivision Preliminary Plat
with an associated Design Review
application (TMC Section
17.14.020)
Unique Signs (TMC Section
19.28.010)
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INITIAL DECISION APPEAL BODY
MAKER (open record appeal)
Community Development Hearing Examiner
Director
I DECISION MAKER 1 APPEAL BODY
1 Hearing Examiner I Superior Court
Hearing Examiner Superior Court
Hearing Examiner Superior Court
1 Hearing Examiner
Planning
Commission
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
INITIAL DECISION
MAKER
Board of Architectural
Review
Planning Commission
Planning Commission
1 Superior Court
State Shorelines
Hearings Board
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
APPEAL BODY
(closed record appeal)
Hearing Examiner
Hearing Examiner
Hearing Examiner
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.
Page 3 of 4
29
30
Type 5 Decisions
TYPE OF PERMIT
Planned Residential Development (PRD),
including Major Modifications (TMC Chapter
18.46)
Rezone (TMC Chapter 18.84)
Sensitive Area Master Plan Overlay (TMC Section
18.45.160)
Shoreline Environment Re- designation (Shoreline
Master Program)
Subdivision Final Plat (TMC Section 17.12.030)
Unclassified Use (TMC Chapter 18.66)
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY.
Office of the City Attorney
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DECISION
MAKER
City Council
1 City Council
City Council
City Council
1 City Council
1 City Council
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council.
Published:
Effective Date:
Ordinance Number:
APPEAL
BODY
Superior Court
1 Superior Court
Superior Court
Superior Court
1 Superior Court
1 Superior Court
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force following review and
approval by the Department of Ecology, pursuant to RCW 70.107.060.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED•
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