HomeMy WebLinkAboutCOW 2014-04-14 Item 4A.1 - Southcenter Plan - Ordinance - Zoning Code AmendmentsRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2368
§55, §61, §62, §70; 2294 §1; 2257 §11; 2251 §61, §63, §73, §75;
2235 §13, §14, §15, §16, §17, §19; 2199 §20; 2135 §19; 2119 §1;
2118 §1; 2005 §17; 1986 §16; 1872 §14 (part); 1865 §50, §51; AND
1758 §1 (part), AS CODIFIED IN TUKWILA MUNICIPAL CODE
TITLE 18, "ZONING," TO INCORPORATE CHANGES RELATING
TO THE TUKWILA URBAN CENTER DISTRICTS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's Comprehensive Plan calls for the Southcenter area to
develop as a high- density, regionally- oriented, mixed -use center; and
WHEREAS, Tukwila began a planning process in 2002 to develop a plan and
regulations to further support this vision and to retain the urban center's economic
strength in the face of regional competition; and
WHEREAS, the Southcenter Plan and its implementing regulations, codified in
Tukwila Municipal Code Chapter 18.28, have evolved during this public process to
reflect the community's vision and priorities as well as the regional goals; and
WHEREAS, the Planning Commission held a properly noticed public hearing on
August 23, 2012, and after deliberations forwarded their recommended changes to
Tukwila Municipal Code Chapter 18.28 to the City Council; and
WHEREAS, notice was provided to the Washington State Department of
Commerce pursuant to RCW 36.70A.106; and
WHEREAS, the City Council held a properly noticed public hearing on April 14,
2014; and
WHEREAS, the City Council reviewed the legislative record, written and verbal
testimony and approved Revisions to the Planning Commission Recommended Draft
Chapter 18.28 to address issues raised by interested parties, individual
Councilmembers, and staff; and
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WHEREAS, edits to other sections of the Zoning Code are required for consistency
with the new Chapter 18.28;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinances 2251 §61, 2235 §13, and 1872 §14 (part), as codified at
Tukwila Municipal Code (TMC) Section 18.52.020, "Perimeter Landscaping
Requirements by Zone District," subparagraph A, are hereby amended for
subparagraph A to read as follows:
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, except for Tukwila Urban
Center (TUC) requirements, which are listed in TMC Chapter 18.28.
ZONING
DISTRICTS
FRONT YARD
(SECOND
FRONT)
LANDSCAPE
TYPE FOR
FRONTS
SIDE
YARD
REAR
YARD
LANDSCAPE
TYPE FOR
SIDE /REAR
LDR
(for uses other
than dwelling
units)
152
Type I
10
10
Type I
MDR
151' 2
Type I
10
10
Type 1
HDR
151' 2
Type I
10
10
Type
MUO
15 (12.5)2
Type I'
54
54
Type I'
0
15 (12.5)2
Type I'
54
54
Type 1'
RCC
20 (10)2'3
Type I'
54
10
Type II
NCC
54
Type I'
04
04
Type II
RC
10
Type I
54
04
Type 118
RCM
10
Type I
54
04
Type 118
TUC — See TMC
153
Type 16
84
84
Type 118
Chapter 18.28
C /LI
12.55
Type 16
55
05
Type 118
LI
12.52
Type II
04
04
Type III
HI
12.52
Type II
04
04
Type III
MIC /L
55
Type II
05
05
Type III
MIC /H
55
Type II
05
05
Type III
TVS
152'3
Type II
04
04
Type III
TSO
152'9
Type I
010
010
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 required by code, the front yard landscape width may be divided
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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 10 feet
and the landscape materials are sufficient to provide landscaping along the
perimeter and screening of the building mass.
3. 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.
4. Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
5. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
6. Increased to Type II if the front yard contains truck loading bays, service areas or
outdoor storage.
7. Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
8. Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or
HDR.
9. Only required along public streets.
10. Increased to 10 feet if adjacent to residential uses or non -TSO zoning.
Section 2. Ordinance Nos. 2251 §63, 2235 §14, and 1872 §14 (part), as codified
at TMC Section 18.52.035, are hereby amended to read as follows:
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.
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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
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, TSO 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.
Section 3. Ordinance Nos. 2368 §55, 2251 §67, 1795 §3 (part), and 1758 §1
(part), as codified at TMC Section 18.56.050, "Required Number of Parking Spaces,"
are hereby amended to read as follows (and to update Figure 18 -7):
18.56.050 Required Number of Parking Spaces
The minimum number of off - street parking spaces for the listed uses shall be as shown
in Figure 18 -7. Minimum parking requirements shall be maintained over the life of the
original or primary use. Any additional uses, either secondary or accessory in nature,
must have parking available that does not impact the minimum parking of the original or
primary use. This extends to parking spaces used for park- and -fly lots or use of parking
for storage or outdoor displays. NOTE: Automobile parking requirements for TUC -RC,
TUC -TOD and TUC -Pond Districts are listed in TMC Section 18.28.260.
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Figure 18 -7 — Required Number of Parking Spaces for Automobiles and Bicycles
NOTE: Automobile parking requirements for TUC -RC, TUC -TOD and TUC -Pond
Districts are listed in TMC Section 18.28.260.
Use
Automobile Standard
Bicycle Standard
Single- family and multi - family
dwellings
2 for each dwelling unit that
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 multi - family, 1 space per
10 parking stalls, with a
minimum of 2 spaces. No
requirement for single family.
Multi- family and mixed -use
residential (in the Urban
Renewal Overlay (URO))
One for each dwelling unit that
contains up to one bedroom.
0.5 additional spaces for every
bedroom in excess of one
bedroom in a multi - family dwelling
unit.
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.
One automobile space 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
One secure, covered, ground -
level bicycle parking space shall
be provided for every four
residential units in a mixed -use
or multi - family development.
Senior citizen housing
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 space per 50 parking stalls,
with a minimum of 2 spaces.
Religious facilities, mortuaries
and funeral homes
1 for each 4 fixed seats
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Convalescent/nursing /
rest homes
1 for every 4 beds with a
minimum of 10 stalls
1 space per 50 parking stalls,
with a minimum of 2 spaces.
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Use
Automobile Standard
Bicycle Standard
Food stores and markets
1 for each 300 square feet of
usable floor area
1 space per 50 parking stalls,
with a minimum of 2 spaces.
High schools
1 for each staff member plus 2 for
every 5 students or visitors
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Hospitals
1 for each bed
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Hotels, motels and extended
stay
1 for each room, plus one
employee space for each
20 rooms, rounded to the next
highest figure
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Manufacturing
1 for each 1,000 square feet of
usable floor area
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Office, commercial and
professional buildings, banks,
dental and medical clinics
3.0 for each 1,000 square feet of
usable floor area
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Places of public assembly,
including auditoriums, exhibition
halls, community clubs,
community centers, and private
clubs
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.
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Post offices
3 for each 1,000 square feet of
usable floor area
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Restaurant
1 for each 100 square feet of
usable floor area
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Restaurant, fast food
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.
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Retail sales, bulk
2.5 for each 1,000 square feet of
usable floor area
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Retail sales, general
4 for each 1,000 square feet of
usable floor area if located within
the TIC -orTVS zoning districts;
2.5 for each 1,000 square feet of
usable floor area if located in any
other zoning district. NOTE:
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Reference TMC Section
18.28.260 for TUC Districts.
Schools, elementary & junior
high
1.5 for each staff member
1 space per classroom
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Use
Automobile Standard
Bicycle Standard
Shopping center (mall), planned,
per usable floor area size, as listed below:
500,000 sq. ft. or larger
5 for every 1,000 square feet
1 space per 50 parking stalls,
with a minimum of 2 spaces.
25,000 — 499,999 sq. ft.
4 for every 1,000 square feet
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Taverns
1 for every 4 persons based on
occupancy load.
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Theaters
1 for every 4 fixed seats. If seats
are not fixed, 1 per 3 seats, with
concurrence of Fire Chief,
consistent with maximum allowed
occupancy
1 space per 100 seats, with a
minimum of 2 spaces.
Warehousing
1 for every 2,000 square feet of
usable floor area
1 space per 50 parking stalls,
with a minimum of 2 spaces.
Section 4. Ordinance Nos. 2368 §61, 2257 §11, 2251 §73, 2235 §15, 2118 §1,
2005 §17, 1865 §50, and 1758 §1 (part), as codified at TMC Section 18.60.030, are
hereby amended to read as follows:
18.60.030 Scope of Authority
A. The rules and regulations of the Board of Architectural Review shall be the
same as those stated for the Planning Commission in the bylaws of the Tukwila
Planning Commission.
B. The Community Development 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 Community Development 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 in MUO, 0, RCC, NCC, RC, RCM, TUG-and C /LI zoning districts; and
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b. For any site in the NCC, MUO or RC zoning districts in the Tukwila
International Boulevard corridor (see TMC Figure 18 -9).
c. For any multi - family structures in MDR and HDR zones.
d. For all conditional and unclassified uses in the LDR zone that involve
construction of a new building or exterior repairs that exceed 10% of the assessed value
of the building.
e. For sites in the TUC Districts see TMC Section 18.28.030.D. for design
review thresholds.
3. Development applications using the procedures of TMC Section 18.60.60,
"Commercial Redevelopment Area."
4. Development applications using the procedures of TMC Chapter 18.43,
"Urban Renewal Overlay District."
5. All projects located within the shoreline jurisdiction that involve construction
of a new building or exterior changes, if the cost of the exterior work equals or exceeds
10% of the building's assessed valuation, except the construction of a single family
house is exempt.
6. Modification of a building and /or the site, if the building and /or site had
gone through design review within the last 10 years, shall require modification of the
original decision. Minor modifications of BAR approval shall be processed as
administrative design review and major modifications of BAR approval shall require
BAR approval.
D. For development in the NCC, RC, and MUO zones within the Tukwila
International Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and
setback standards may be waived and conditioned, upon approval of plans by the BAR,
in accordance with criteria and guidelines in the Tukwila International Boulevard Design
Manual, as amended. Landscaping and setback standards may not be waived on
commercial property sides adjacent to residential districts.
E. No changes shall be made to approved designs without further BAR or Director
approval and consideration of the change in the context of the entire project; except that
the Director is authorized to approve minor, insignificant modifications which have no
impact on the project design.
Section 5. Ordinance Nos. 2368 §62, 2235 §16, §17, 2199 §20, 1986 §16, 1865
§51, and 1758 §1 (part), as codified at TMC Section 18.60.050, "Design Review
Criteria," are hereby amended to add a new subparagraph G to read as follows:
G. Southcenter Design Criteria. The criteria contained in the Southcenter
Design Manual shall be used whenever the provisions of this title require a design
review decision on a proposed or modified development in the Tukwila Urban Center
districts.
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Section 6. Ordinance Nos. 2368 §70, 2294 §1, 2251 §75, 2235 §19, 2135 §19,
and 2119 §1, as codified at TMC Section 18.104.010, "Classification of Project Permit
Applications," subparagraph 2, "Type 2 Decisions," are hereby amended for
subparagraph 2 to read as follows:
2. TYPE 2 DECISIONS are decisions that 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
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Design Review
(TMC Section 18.60.030)
Community
Development Director
Board of Architectural
Review
Administrative Planned Residential
Development
(TMC Section 18.46.110)
Short Plat Committee
Hearing Examiner
Administrative Variance for Noise —
31 -60 days
(TMC Section 8.22.120)
Community
Development Director
Hearing Examiner
Binding Site Improvement Plan
(TMC Chapter 17.16)
Short Plat Committee
Hearing Examiner
Cargo Container Placement
(TMC Section 18.50.060)
Community
Development Director
Hearing Examiner
Code Interpretation
(TMC Section 18.90.010)
Community
Development Director
Hearing Examiner
Exception from Single - Family Design
Standard
(TMC Section 18.50.050)
Community
Development Director
Hearing Examiner
Modification to Development
Standards
(TMC Section 18.41.100)
Community
Development Director
Hearing Examiner
Parking standard for use not specified
(TMC 18.56.100) and modifications to
certain parking standards
(TMC Sections 18.56.065, .070, .120)
Community
Development Director
Hearing Examiner
Sensitive Areas
(except Reasonable Use Exception)
(TMC Chapter 18.45)
Community
Development Director
Hearing Examiner
Shoreline Substantial Development
Permit
(TMC Chapter 18.44)
Community
Development Director
State Shorelines
Hearings Board
Shoreline tree permit
Community
Development Director
Hearing Examiner
Short Plat
(TMC Chapter 17.12)
Short Plat Committee
Hearing Examiner
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TYPE OF PERMIT.
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Modification to TUC Corridor
Community
Hearing Examiner
Standards
Development Director
(TMC Section 18.28.110. C)
Modification to TUC Open Space
Community
Hearing Examiner
Standards
Development Director
(TMC Section 18.28.250. D. 4. d)
Transit Reduction to Parking
Community
Hearing Examiner
Requirements
Development Director
(TMC Section 18.28.260.8.5.b)
Wireless Communication Facility,
Minor
(TMC Chapter 18.58)
Community
Development Director
Hearing Examiner
Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 8. 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 9. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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