HomeMy WebLinkAboutCAP 2009-12-14 Item 2C - Ordinance - Planning Commission and Board of Architectural Review Roles and ResponsibilitiesCity of Tukwila
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Shelley Kerslake, City Attorney
DATE: December 9, 2009
SUBJECT: Separate Planning Commission and Board of Architectural Review
ISSUE
Jim Haggerton, Mayor
In light of the increased long range planning work load, as well as the significant reduction of
quasi-judicial matters being heard by the Planning Commission it may be time to reexamine the
role and composition of the Planning Commission and Board of Architectural Review.
BACKGROUND
Currently the City's Planning Commission (PC) and Board of Architectural Review (BAR) are
composed of the same group of seven volunteers. They meet as the BAR to hear design
review applications and until the recent set of code amendments as the PC to hear a variety of
quasi-judicial permits such as conditional uses and special permission code exceptions. Due to
liability concerns raised by our insurance carrier all except three of the quasi judicial PC
decisions were shifted to the Hearing Examiner or DCD Director.
The PC also makes recommendations on legislative items such as Zoning Code amendments,
Comprehensive Plan Amendments, sub -area plans (such as the Southcenter Plan) and other
land use regulations sent to them by the City Council. DCD has an intensive work plan for the
next few years that will require continuous PC involvement.
DISCUSSION
The combination of legislative and quasi judicial actions currently heard by the PC and BAR can
lead to confusion about proper procedures and legal requirements. As you know, the quasi
judicial role is very different from the policy making role and requires a different approach.
Although we have conducted training sessions for the PC members their dual roles can be
confusing. This confusion has the potential to lead to expensive appeals. Therefore it seems
appropriate to reexamine the role and composition of the PC.
While combining the legislative and quasi-judicial functions of this volunteer board was
appropriate when Tukwila was smaller and had fewer items under review the legislative
workload has grown to often require multiple meetings per month. The backlog of long range
items such as the Southcenter Plan, Sign Code Update, and Tree Ordinance as well as the
upcoming Comprehensive Plan update would be more efficiently handled by a dedicated long
range planning body. Due to the current slowdown in permit volumes the legislative work load
has not created delays for design review applicants, however when we return to historical
development activity levels it will be very difficult to process both types of actions in a timely
manner.
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INFORMATIONAL MEMO
Page 2
In addition to a long -range planning body, a separate BAR could be created. The BAR would
have dedicated seats for local design professionals and developers as well as residents, to
ensure that a broad range of viewpoints and experience is brought to the decision making
process. Additional training in both design and quasi judicial procedures could be provided to
this newly constituted group to ensure that decisions are clearly linked to the review criteria and
are defensible if appealed.
RECOMMENDATION
Staff recommends that the functions of the PC and BAR be separated into different bodies that
would focus on either legislative or quasi judicial actions. This would relieve some of the
overload on the current volunteers as well as allow for more specialization and training. The
current members of the PC /BAR would move to one of the new bodies to continue their terms.
The remaining seats would be filled through the normal appointment process.
Under this scenario the PC would:
Serve as the review body for Zoning, Subdivision and Sign Code changes;
Serve as the review body for the Comprehensive Plan and sub -area plans;
Be comprised of five members, each serving a four -year term, and
Meet 1 -4 times per month, depending on workload.
Three members of the PC would be at -large Tukwila residents, a fourth member would be a
business community representative, and the fifth member would be a resident or business
community representative with education or professional experience in city planning,
transportation planning, transportation engineering, or environmental engineering
As a separate body the BAR would:
Serve as the review body for decisions on design review applications and administrative
design review appeals;
Be comprised of five members each serving a four -year term; and
Meet 1 -2 times per month depending on permit volume.
Three members of the BAR would be at -large Tukwila residents, and two members would be
residents or business community representatives with education or professional experience in
architecture, urban design, landscape architecture or land development.
To make changes to the City's current PC system will require changes to the Tukwila Municipal
Code as well as revised rules of procedure for the two bodies, see attached draft language.
The Council is being asked to consider this item at the January 11, 2010 Committee of the
Whole meeting and subsequent January 19, 2009 Regular Meeting.
ATTACHMENTS
Draft Ordinances (3)
2010 DCD Work Plan
W:12009InfoMemos \PC &BAR CAP.doc
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REQUIREMENTS FOR THE
PLANNING COMMISSION, SEPARATING THE BOARD OF
ARCHITECTURAL REVIEW FUNCTIONS, AND MODIFYING THE
PLANNING COMMISSION MEMBERSHIP REQUIREMENTS;
REPEALING ORDINANCE NO. 1802; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the State of Washington has authorized code cities to create a Planning
Commission; and
WHEREAS, RCW 35A.63.020 provides that a Planning Commission shall serve in an
advisory capacity to the Mayor, City Council or both, with regard to the orderly and
coordinated development of land and building uses of the City and its environs, and shall have
such other duties as shall be provided by ordinance; and
WHEREAS, in June, 1997 the City adopted Ordinance No. 1802 establishing the Planning
Commission membership, duties and authority; and
WHEREAS, the Planning Commission members and Board of Architectural Review (BAR)
are composed of the same group of volunteers; and
WHEREAS, the City wishes to separate the Planning Commission and Board of
Architectural Review into different bodies; and
WHEREAS, the City's Board of Architectural Review and reviews and approves the design
of new development or substantial changes in existing development; and
WHEREAS, the number of issues brought to Tukwila's combined Board of Architectural
Review and Planning Commission and their complexity have risen significantly over the years
since it was first established; and
WHEREAS, separating Tukwila's Board of Architectural Review from the Planning
Commission would allow the Board of Architectural Review to focus on only quasi judicial
actions; and
WHEREAS, separating Tukwila's Board of Architectural Review from the Planning
Commission would prevent project review times from being affected by the volume of long
range planning efforts and therefore promote quality customer service; and
WHEREAS, revisions to Chapter 2.36 of the Tukwila Municipal Code are needed to
eliminate references to the Board of Architectural Review; and
WHEREAS, a new Chapter of the Tukwila Municipal Code will be created to include rules
for a Board of Architectural Review separate from the Planning Commission; and
WHEREAS, on January 11, 2010 the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 2. Membership. A minimum of si -three (6) Planning Commission members
shall reside within the corporate limits of the City of Tukwila on the day of that member's
appointment to said position. Members shall be selected from a cross section of the community
representing different trades, occupations, activities and geographical areas to provide a
balanced community spirit. One (1) member of the Planning Commission may be a business
owner, operator or management level employee, or qualified representative, who is not a
resident of the City. One member may be a resident or business community member with
education or professional experience in city planning. transportation engineering or
envirorunental processes. All members shall be of voting age and shall have lived or worked, if
a non resident member, in the City for at least one year.
Section 3. Powers Duties. The Planning Commission shall advise the Mayor and
Council on legislative matters relating to land use, comprehensive planning and zoning. They
shall have such other powers and duties as enumerated by ordinance and codified in the
Tukwila Municipal Code.
Section 4. Terms of Office. The present appointed members of the Planning
Commission shall remain in office for the balance of their current terms. Terms of office will be
for a period of four years and shall expire at midnight on the date of the completion of the
respective terms. When a vacancy occurs, appointment for that position shall be for four years,
or the remainder of the unexpired terms, whichever is shorter. Any member may have their
term of office extended for a period of time not to exceed six (6) months to complete a special
project, when such extension is nominated by the Mayor and approved by the City Council.
Members who become non residents during their term of office shall remain on the
Commission no more than ninety (90) days unless granted a special project extension by the
Mayor and City Council. If the-a member who represents the business community is no longer
employed within the City, or his or her business relocates out of the City, that member shall
remain on the Commission no more than ninety (90) days unless granted a special project
extension by the Mayor and City Council.
Section 5. Vacancies Removal Selection. Vacancies occurring otherwise than through
the expiration of terms shall be filled for the unexpired terms. Members may be removed, after
public hearing, by the Mayor, with the approval of the City Council, for inefficiency, neglect of
duty or malfeasance in office. Notice of the charge and pendency of the hearing with respect to
the removal of a member of the Planning Commission shall be given by mail addressed to the
residence of the accused member at least five days before the date of such hearing. The
members shall be selected without respect to political affiliations and they shall serve without
compensation; provided, however, they may be reimbursed for expenses necessarily incurred
in performing their official duties.
Section 6. Organization. The Planning Commission shall adopt rules of procedure that
are consistent with state laws.
Section 7. Minutes. Minutes of Planning Commission meetings shall be distributed to
the City Council not more than ten days after formal approval of such minutes by the
Commission. Further, when items are to be discussed by the Council and the Commission
minutes are pertinent, those minutes should be supplied to the Council in time to be read
before Council consideration.
Section 8. Repealer. Ordinance No. 1802 is hereby repealed.
Section 9. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 10. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five (5) days after
passage and publication as provided by law.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING THE BOARD OF ARCHITECTURAL
REVIEW, PRESCRIBING ITS, DUTIES, AUTHORITY AND, PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City's Board of Architectural Review and reviews and approves the
design of new development or substantial changes in existing development; and
WHEREAS, the goal of the Board of Architectural Review is to provide review by
public officials of land development and building design in order to promote the public health,
safety and welfare; and
WHEREAS, the number of issues brought to Tukwila's combined Board of Architectural
Review and Planning Commission and their complexity have risen significantly over the years
since it was first established; and
WHEREAS, separating Tukwila's Board of Architectural Review from the Planning
Commission would allow it to focus on only quasi judicial actions; and
WHEREAS, separating Tukwila's Board of Architectural Review from the Planning
Commission would prevent project review times from being affected by the volume of long
range planning efforts and therefore promote quality customer service; and
WHEREAS, a new Chapter of the Tukwila Municipal Code is needed to create rules for a
Board of Architectural Review separate from the Planning Commission; and
WHEREAS, on January 11, 2010 the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Created. Pursuant to the authority conferred by Chapter 35A.63.110 there is
created a City Board of Architectural Review (BAR), consisting of five (5) members who shall
be appointed by the Mayor and confirmed by the City Council.
Section 2. Membership. A minimum of three (3) Board of Architectural Review
members shall reside within the limits of the City of Tukwila on the day of that member's
appointment to said position. Members shall be selected from a cross section of the community
representing different trades, occupations, activities and geographical areas to provide a
balanced community spirit. Two (2) Board of Architectural Review members may be residents
or business community members with education or professional experience in architecture,
urban design, landscape architecture, or land development. All members shall be of voting age
and shall have lived or worked, if a nonresident member, in the City for at least one year.
Section 3. Powers Duties. The Board of Architectural Review shall review quasi
judicial applications as listed at Tukwila Municipal Code 18.104.10. They shall have such other
powers and duties as enumerated by ordinance and codified in the Tukwila Municipal Code.
Section 4. Terms of Office. Members shall be appointed to staggered four -year terms
that shall expire at midnight on the date of the completion of the respective terms. When a
vacancy occurs, appointment for that position shall be for four years, or the remainder of the
unexpired terms, whichever is shorter. Any member may have their term of office extended for
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a period of time not to exceed six (6) months to complete a special project, when such extension
is nominated by the Mayor and approved by the City Council. Members who become non-
residents during their term of office shall remain on the Board no more than ninety (90) days
unless granted a special project extension by the Mayor and the City Council.
If a member who represents the business community is no longer employed within the City, or
his or her business relocated out of the City, that member shall remain on the Board no more
than ninety (90) days unless granted a special project extension by the Mayor and the City
Council.
Section 5. Vacancies Removal Selection. Vacancies occurring otherwise than through
the expiration of terms shall be filled for the unexpired terms. Members may be removed, after
public hearing, by the Mayor, with the approval of the City Council, for inefficiency, neglect of
duty or malfeasance in office. Notice of the charge and pendency of the hearing with respect to
the removal of a member of the Board of Architectural Review shall be given by mail addressed
to the residence of the accused member at least five days before the date of such hearing. The
members shall be selected without respect to political affiliations and they shall serve without
compensation; provided, however, they may be reimbursed for expenses necessarily incurred
in performing their official duties.
Section 6. Organization. The Board of Architectural Review shall adopt rules of
procedure that are consistent with state laws.
Section 7. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause, or phrase of this ordinance.
Section S. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five (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 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED AT
TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE, DESIGNATING THE
BOARD OF ARCHITECTURAL REVIEW AS THE DECISION MAKING BODY FOR
CERTAIN TYPES OF PERMITS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
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 (WCIA) 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, due to the significant number of projects and complex issues that have come
before the City, the City determined that separating the Board of Architectural Review from the
Planning Commission would allow the Board of Architectural Review to focus on only quasi
judicial actions; and
WHEREAS, the Zoning Code of the City of Tukwila establishes procedures for design
review and the City wishes to update the language to reflect its creation of a Board of
Architectural Review separate from the Planning Commission; and
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; and
WHEREAS, on January 11, 2010 the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section
18.60.030, is amended to read as follows:
18.60.020 Membership
The Board of Architectural Review shall consist of the members appointed by the Tukwila City
Council as set forth in TMC 2.37.of the Planning Commission. The officers of the Planning
Section 2.. Ordinances Amended. Ordinance Nos. 2251 §73, 2235 §15, 2118 §1, 2005 §17,
1865 §50 and 1758 §1 (part), as codified at TMC Section 18.60.030, are amended to read as
follows:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review shall be the same as
these- stated for-the-Planning Commission in their bylaw per TMC 2.37.
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,
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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 in 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 multi- family structures in MDR and HDR zones.
3. Development applications using the procedures of TMC Section 18.60.060,
"Commercial Redevelopment Areas."
D. For development in the NCC, RC, and MUO zones within the Tukwila International
Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards
may be waived and conditioned, upon approval of plans by the BAR, in accordance with
criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended.
Landscaping and setback standards may not be waived on commercial property sides adjacent
to residential districts.
E. No changes shall be made to approved designs without further BAR or Director
approval and consideration of the change in the context of the entire project. 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 3. Ordinances Amended. Ordinance Nos. 2251 §75, 2235 §19, 2135 §19 and 2119 §1,
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
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)
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 Chapter 18.54)
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DECISION MAKER
As specified by ordinance
Community Development Director
I Building Official
Community Development Director
Community Development Director
Community Development Director
Community Development Director
Page 2 of 5
Wireless Communication Facility, Minor Community Development Director
(TMC Chapter 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, 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 APPEAL BODY
TYPE OF PERMIT MAKER I (open record appeal)
Administrative Design Review Community Development Board of Architectural
(TMC Section 18.60.030) Director Review
Administrative Planned Short Plat Committee Hearing Examiner
Residential Development
(TMC Section 18.46.110)
Binding Site Improvement Short Plat Committee Hearing Examiner
Plan (TMC Chapter 17.16)
Cargo Container Placement Community Development Hearing Examiner
(TMC Section 18.50.060) Director
Code Interpretation Community Development Hearing Examiner
(TMC Section 18.90.010) Director
Exception from Single Family Community Development Hearing Examiner
Design Standard (TMC Section Director
18.50.050)
Modification to Development Community Development Hearing Examiner
Standards (TMC Section Director
18.41.100)
Parking standard for use not Community Development Hearing Examiner
specified (TMC Section Director
18.56.100)
Sensitive Areas Community Development Hearing Examiner
(except Reasonable Use Director
Exception) (TMC Chapter
18.45)
Shoreline Substantial Community Development State Shorelines
Development Permit (TMC Director Hearings Board
Chapter 18.44)
Short Plat (TMC Chapter Short Plat Committee Hearing Examiner
17.12)
Sign Area Increase Community Development Hearing Examiner
(TMC Section 19.32.140) Director
Sign Permit Denial Community Development Hearing Examiner
(TMC Chapter 19.12) Director
Special Permission Parking, Community Development Hearing Examiner
and Modifications to Certain Director
Parking Standards (TMC
Sections 18.56.065 and .070)
Special Permission Sign, Community Development Hearing Examiner
except "unique sign" (various Director
sections of TMC Title 19)
Wireless Communication Community Development Hearing Examiner
Facility, Minor (TMC Chapter Director
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
TYPE OF PERMIT I DECISION MAKER APPEAL BODY
I Resolve uncertain zone district boundary I Hearing Examiner Superior Court I
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TYPE OF PERMIT
Planned Residential Development (PRD),
including Major Modifications (TMC Chapter
18.46)
I Rezone (TMC Chapter 18.84)
Sensitive Area Master Plan Overlay (TMC Section
18.45.160)
Shoreline Environment Re- designation (Shoreline
Master Program)
I Subdivision Final Plat (TMC Section 17.12.030)
I Unclassified Use (TMC Chapter 18.66)
Variance (zoning, shoreline, sidewalk,
land alteration, sign)
TSO Special Permission Use (TMC
Section 18.41.060)
Conditional Use Permit
Modifications to Certain Parking
Standards (TMC Chapter 18.56)
Reasonable Use Exceptions under
Sensitive Areas Ordinance (TMC Section
18.45.180)
Variance from Parking Standards over
10% (TMC Section 18.56.140)
Shoreline Conditional Use Permit (TMC
Section 18.44.130 CO-50)
Subdivision Preliminary Plat with no
associated Design Review application
(TMC Section 17.14.020)
Wireless Communication Facility, Major
or Waiver Request (TMC Chapter 18.58)
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Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
H.earinir
ExanlinerPlanning
Commission
Hearing Examiner
Hearing Examiner
DECISION
MAKER
City Council
I City Council
City Council
I City Council
City Council
Superior Court
Superior Court
I Superior Court
Superior Court
Superior Court
Superior Court
State Shorelines
Hearings Board
Superior Court
Superior Court
4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural
Review -«r- the-1 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 Commisfion, except Shoreline Conditional Use Permits, that
are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58.
Type 4 Decisions
INITIAL DECISION APPEAL BODY
MAKER (closed record appeal)
Board of Architectural Hearing Examiner
Review
Board of Architectural Hearing Examiner
ReviewPlanning
Conlmi: cion
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 Board of Architectural Hearing Examiner
19.28.010) ReviewPlanning
Comnl.i cion
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
APPEAL
BODY
Superior Court
Superior Court
Superior Court
City Council Superior Court
Superior Court
I Superior Court
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Page 4 of 5
Section 5. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force 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 2010.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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