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Home My WebLink AboutPermit 88-04-CA - CITY OF TUKWILA - HAZARDOUS WASTE ZONING88-4-CA 88-04-ca HAZARDOUS WASTE ZONING CODE AMENDMENT COMPREHENSIVE PLAN COMPREHENSIVE LAND USE PLAN 424SC CITY OF TUKWILA WASHINGTON ORDINANCE NO. / 7` 9 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, PROVIDING FOR HAZARDOUS SUBSTANCE TREATMENT AND /OR STORAGE FACILITIES AND TO PROVIDE FOR THE SITING THEREOF WHEREAS, Washington state law requires that municipalities provide for the treatment and /or storage of hazardous substances, and WHEREAS, the City's SEPA responsible official made a determination of nonsignificance on August 30, 1988, and WHEREAS, the Planning Commission held a public hearing on September 22, 1988 and recommended certain changes to the Zoning Code, NOW, THEREFORE, THE TUKWILA CITY COUNCIL DO ORDAIN AS FOLLOWS: Section 1. Chapter 18.06 of the Tukwila Municipal Code is hereby amended to add sections thereto as follows: A. 18.06.201 Dangerous Waste. "Dangerous waste" means those solid wastes designated in WAC 173 - 303 -070 through 173 - 303 -103 as dangerous waste. B. 18.06.202 Designated Facility Zone. "Designated Facility Zone" means a zoning district in which hazardous waste treatment and storage facilities are allowed uses, subject to the state siting criteria designated in Chapter 70.105 RCW. C. 18.06.255 Extremely Hazardous Waste. "Extremely hazardous waste" means those solid wastes designated in WAC 173 - 303 -070 through 173 - 303 -103 as extremely hazardous waste. D. 18.06.341 Hazardous Substance. "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 173 -303 WAC. E. 18.06.342 Hazardous Substance Processing or Handling. "Hazardous substance processing or handling" means the use, storage. manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. F. 18.06.343 Hazardous Waste. "Hazardous waste" means and includes all dangerous (18.06.210) and all extremely hazardous (18.06.255) waste. G. 18.06.344 Hazardous Waste Storage. "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of Chapter 173 -303 WAC. Page 1 4Z45C H. 18.06.345 Hazardous Waste Treatment. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. I. 18.06.346 Hazardous Waste Treatment and Storage Facility, Off -Site. "Hazardous waste treatment and storage facility, off - site" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off -site facility is located. J. 18.06.347 Hazardous Waste Treatment and Storage Facility, On -Site. "Hazardous waste treatment and storage facility, on- site" means the treatment and storage of hazardous wastes generated on the same site. Section 2. Certain commercial and industrial districts are hereby made "Designated Facility Zones" allowing on -site hazardous substance processing and handling, and on -site hazardous waste treatment and storage facilities by the addition of the following sections to the Tukwila Municipal Code: A. 18.28.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). B. 18.30.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). C. 18.34.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). D. 18.38.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). E. 18.40.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). F. 18.42.035 On -Site Hazardous Substances. No on -site hazardous substance processing and storage facilities shall secondary to a permitted storage facilities shall (Chapter 70.105 RCW) (See handling, or hazardous waste treatment and be permitted, unless clearly incidental and use. On -site hazardous waste treatment and be subject to the state siting criteria Chapter 21.08 TMC). Section 3. To provide a "Designated Facility Zone" for off -site hazardous waste treatment and storage facilities, Section 18.42.040 of the Tukwila Municipal Code is hereby amended to add the following subsection: (6) Off -site hazardous waste treatment and storage facilities subject to compliance with the state siting criteria (Chapter 70.105 RCW) (See Chapter 21.08 TMC). Page 2 Section 1: Section 4. Title 21 of the Tukwila Municipal Code is hereby amended by adding thereto Chapter 21.08 as follows: CHAPTER 21.08 Siting Criteria for Hazardous Waste Treatment and Storage Facilities 21.08.010 State. Criteria Adopted 21.08.020 Table of Specific Criteria 21.08.010 State Criteria Adopted. Siting criteria for on -site and off -site hazardous waste treatment and storage facilities set forth in Chapter 70.105 RCW are hereby adopted. 21.08.011 Specific Siting Criteria. Siting criteria for on -site and off -site hazardous waste treatment and storage facilities in the City of Tukwila shall be as set forth in Table 1. Section 5. This ordinance shall be in force and effect five days after publication of the attached Summary which is hereafter approved. ' PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this 7 day of , 1988. ATTEST /AUTHENTICATED: CI Y " CLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: //- J- Q P PUBLISHED: // PP EFFECTIVE DATE: //-,t3-97 ORDINANCE NO.: /hil 42450 MA •R, GARY VAN DUSEN Page 3 4245C CRITERIA STRUCTURAL STABILITY Unstable Slopes /Soils 200 feet Coastal Flooding X ADJACENT LAND USE CONSIDERATIONS Buffer Zone Minimum Distance from Residential Zones /Residences Motels and Hotels Minimum Distance from Occupied TABLE 1 TUKWILA SITING CRITERIA FOR HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES ON -SITE OFF -SITE (As Defined In (As defined in TMC 18.06.347) TMC 18.06.346) X X SURFACE WATER QUALITY PROTECTION Proximity to Nearest Surface Water M 1/4 mile FEMA 100 -Year Flood Zone X X Shorelines of Statewide Significance M 1/2 mile PROTECTION OF DOMESTIC WATER Watersheds 1/2 mile 1/2 mile Distance to Ground Water Intake 1/4 mile 1/2 mile AIR QUALITY PROTECTION Ambient Air Quality M M SENSITIVE AREA PROTECTION Threatened and Endangered Species X X Wetlands X 1/4 mile State Shorelines M X Parks and Recreational Areas X 1/4 mile Archaeological & Historic Areas & National Monuments X 1/4 mile TRANSPORTATION ROUTES Traffic Flow and Capacity* M M Safety Standards for Transport Routes M M M 200 feet 750 ft/ 1/2 mile/ 100 feet 500 feet Structures 100 feet 1/2 mile Agricultural Lands/ Agricultural Zone 500 feet 500 feet Public Gathering Place 750 feet 750 feet HOST COMMUNITY CONSIDERATIONS Utilities and Public Services M M Costs for Emergency Services M M X - A proposed facility is prohibited from siting under this criterion. M - Mitigation measures required to site in this area. * - Hazardous substance land uses shall be prohibited from using traffic routes which pass through residential zones. In the event that Tukwila's hazardous waste siting criteria conflict with development criteria of specific zoning districts or siting criteria to be developed and adopted by the State of Washington, the more restrictive standard shall apply. \ tt City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 MEMORANDUM TO: CAP Members FROM: Tukwila Planning Department DATE: October 6, 1988 SUBJECT: HAZARDOUS WASTE ZONING RF /sjn The Planning Commission reviewed this issue on September 22, 1988, and recommended adoption of these changes to the Zoning Code. The recommended changes bring us into compliance with State require- ments that we adopt zoning for hazardous waste treatment and storage facilities. These changes have been conditionally approved by Wash- ington D.O.E. subject to adoption by the Tukwila City Council. Please note that Tukwila already has many firms which use and store materials classified as hazardous wastes. These range from print shops to dry cleaners to industrial processing. With the proposed changes to the Zoning Code, no existing businesses are made non - conforming. Tukwila gains greater control over the siting of new businesses which use or store hazardous wastes, and these new businesses have requirements clearly laid out for them. Any new busi- ness which wishes to store hazardous waste off -site will be considered a conditional use and will be allowed to locate only in the . M -2 zone. The current code is silent on this topic. Planning Commission September 22, 1988 Page 3 Discussion ensued on this issue. Mr. Cliffard Sweeney owns property that is in condemnation proceedings as a result of this project. He expressed his objection to the project and the negative impacts to his prop- erty. Mr. Knudson expressed his objection to a property owner being treated unfairly in the course of a development and resulting negative impacts associated with a development. Mr. Hamilton concurred with these comments. MR. HAMILTON MOVED AND MR. VERHALEN SECONDED A MOTION TO ACCEPT THE FINDINGS AND CONCLUSIONS OF FILE NO. 88 -1 -CUP NORTH HILL RESERVOIR PLANS AS SUBMITTED BY STAFF, WITH THE FOLLOWING CONDIT- IONS: 1. Submit a revised landscape plan, stamped by a licensed landscape architect, subject to Planning Department approval, to show: a. Increase deciduous tree caliper to 2 to 2 1/2 inch caliper. b. Increase evergreen tree height to 8 feet. c. A variety of trees will be provided on both sides of the fence. d. Increase use of evergreen varieties in proposal including bermed area. 2. Provide a project timeline which the Planning Commission may review, thereby allowing a variation of standard time limits of Condition Use Permit. MOTION PASSED WITH CAGLE, VERHALEN, HAGGERTON AND HAMILTON VOTING YES. MR. KNUDSON VOTED NO. 88 -4 -CA HAZARDOUS WASTE ZONING CODE AMENDMENT - Request to review Tukwila's Zoning Code to permit use and storage of hazardous waste in compliance with State law. Mr. Pace reviewed the proposal recommending approval of the request. Discussion ensued on the proposal. MR. HAMILTON MOVED THAT FILE NO. 88 -4 -CA HAZARDOUS WASTE ZONING CODE AMENDMENT BE APPROVED AS RECOMMENDED BY STAFF. MR. VERHALEN SECONDED THE MOTION WHICH WAS UNANIMOUSLY PASSED. Planning Commission September 22, 1988 Page 4 APPROVAL OF MINUTES FOR SEPTEMBER 8, 1988 C2 CP CM zoning districts. DIRECTOR'S REPORT ADJOURNMENT The meeting was adjourned at 11:05 p.m. Respectfully submitted, Joanne Johnson, Secretary Mr. Pace asked for clarification of the intent of the Planning Commission regarding their motion on September 8, 1988, in reference to the zoning change for design review. In a memo to the Planning Commission, Staff's recommendation are as follows: 18.60.030 Scope of Authority A. Any development in the City (and in areas that annex) will be subject to design review with the following exceptions: (1) Single - family homes. (2) Developments less than 10,000 gross square feet of building area in C1, C2, CP and CM districts, except when abutting or across the street from residential uses or districts or within 200 feet of the Green /Duwamish River that requires a shoreline permit. (3) Developments in M1 and M2 districts except when abutting or across the street from residential uses and districts or within 200 feet of the Green /Duwamish River. B. Any exterior modifications to existing commercial development in excess of 10,000 gross square feet in building floor area in: MR. KNUDSON MOVED AND MR. HAMILTON SECONDED A MOTION TO APPROVE THE MINUTES OF THE SEPTEMBER 8, 1988 MEETING AS CLARIFIED. MOTION UNANIMOUSLY APPROVED. Mr. Rick Beeler reviewed the 1989 Work Plan, 1989 Budget. The consensus for Planning Commission meeting dates was November 22, 1988 and December 20, 1988. City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 CITY OF TUKWILA PLANNING COMMISSION SEPTEMBER 22, 1988 The meeting was called to order at 8:00 p.m. by Mr. Haggerton, Acting Chairman. Members present were Messrs. Haggerton, Knudson, Verhalen, Cagle and Hamilton. Mr. Coplen and Mr. Kirsop were absent. Representing the staff were Rick Beeler, Jack Pace, Vernon Umetsu and Joanne Johnson. Approval of the minutes was moved to follow Item V on the agenda. 88 -7 -DR - EMBASSY SUITES HOTEL Continuation of hearing for design review of an 8 -story hotel /3 -story parking structure. Mr. Vernon Umetsu, Associate Planner, reviewed the staff report for the project recommending a number of modifications enumerated in the staff report. He read into the record a letter from Henry G. Liebman, attorney representing Whitney Brothers which opposed the development. They felt it will interfere with ingress and egress of their business. Discussion ensued on the question of the impact this development will have on access to and from their business or if they were referring to another hotel development which is planned for the area. Public Works Director Ross Earnst clarified the location of the Poon Development and also the location of the subject develop- ment. He stated that the vacation of Nelson Place has nothing to do with the subject development. Mr. Dick Chapin, representing the applicant, felt he has complied with all the City's requirements. Planning Commission September 22, 1988 Page 2 Mr. Dean Powell, Mesa Arizona, spoke in behalf of the applicant. Mr. Ross Tunnell represented Helen Nelsen, the property owner of the development. He stated Mrs. Nelsen approved the site plan as represented by the applicant. Mr. Walter Wallis, Industrial Crating and Packing, located in the Nelson Place area, read a letter into the record which objects to the development. Robert S. Losey Sr., owner of the Renton Auction Barn expressed his concern regarding lack of sidewalks in the area of his business and other concerns regarding access onto Longacres Way. Mr. Palmer Arzo, Industrial Crating and Packing asked why he wasn't notified of the project. Mr. Umetsu clarified the notification area for the project. Mel Taylor, owner of property to the north of the parking garage asked for clarification of the plans to put in a sidewalk on the street adjacent to his property and clarification of the design and height of the parking garage for the project. Mr. Nick Olivas, Fire Marshal clarified the Fire Department's position regarding fire access relative to the project. Discussion ensued on the project. MR. CAGLE MOVED TO ACCEPT THE PROJECT AS SUBMITTED WITH THE CHANGES AS MADE BY THE OWNER THAT ARE LISTED, PROVIDED THEY COMPLY WITH ALL THE STAFF'S RECOMMENDATIONS AND INCLUDE SOME TYPE OF GRID TO BE PLACED ON THE GARAGE WINDOW OPENINGS TO PROVIDE SCREENING, PROVIDED IT DOES NOT VIOLATE ANY FIRE REGULATIONS. MR. KNUDSON SECONDED THE MOTION WHICH PASSED WITH CAGLE, VERHA- LEN, KNUDSON, HAGGERTON VOTING YES. MR. HAMILTON VOTED NO. 88 -1 -CUP NORTH HILL RESERVOIR - Request for approval of a Conditional Use Permit for a water reservoir, pump station and related appurtenances for the City of Tukwila. Mr. Jack Pace, Senior Planner reviewed the proposal recommending approval with conditions outlined in the Staff Report. Mr. Ross Earnst, Public Works Director clarified the proposal. Planning Commission September 22, 1988 Page 3 Mr. Cliffard Sweeney owns property that is in condemnation proceedings as a result of this project. He expressed his objection to the project and the negative impacts to his prop- erty. Mr. Knudson expressed his objection to a property owner being treated unfairly in the course of a development and resulting negative impacts associated with a development. Mr. Hamilton concurred with these comments. Discussion ensued on this issue. MR. HAMILTON MOVED AND MR. VERHALEN SECONDED A MOTION TO ACCEPT THE FINDINGS AND CONCLUSIONS OF FILE NO. 88 -1 -CUP NORTH HILL RESERVOIR PLANS AS SUBMITTED BY STAFF, WITH THE FOLLOWING CONDIT- IONS: 1. Submit a revised landscape plan, stamped by a licensed landscape architect, subject to Planning Department approval, to show: a. Increase deciduous tree caliper to 2 to 2 1/2 inch caliper. b. Increase evergreen tree height to 8 feet. c. A variety of trees will be provided on both sides of the fence. d. Increase use of evergreen varieties in proposal including bermed area. 2. Provide a project timeline which the Planning Commission may review, thereby allowing a variation of standard time limits of Condition Use Permit. MOTION PASSED WITH CAGLE, VERHALEN, HAGGERTON AND HAMILTON VOTING YES. MR. KNUDSON VOTED NO. 88 -4 -CA HAZARDOUS WASTE ZONING CODE AMENDMENT - Request to review Tukwila's Zoning Code to permit use and storage of hazardous waste in compliance with State law. Mr. Pace reviewed the proposal recommending approval of the request. Discussion ensued on the proposal. MR. HAMILTON MOVED THAT FILE NO. 88 -4 -CA HAZARDOUS WASTE ZONING CODE AMENDMENT BE APPROVED AS RECOMMENDED BY STAFF. MR. VERHALEN SECONDED THE MOTION WHICH WAS UNANIMOUSLY PASSED. Planning Commission September 22, 1988 Page 4 APPROVAL OF MINUTES FOR SEPTEMBER 8, 1988 Mr. Pace asked for clarification of the intent of the Planning Commission regarding their motion on September 8, 1988, in reference to the zoning change for design review. In a memo to the Planning Commission', Staff's recommendation are as follows: 18.60.030 Scope of Authority A. Any development in the City (and in areas that annex) will be subject to design review with the following exceptions: (1) Single - family homes. (2) Developments less than 10,000 gross square feet of building area in C1, C2, CP and CM districts, except when abutting or across the street from residential uses or districts or within 200 feet of the Green /Duwamish River that requires a shoreline permit. (3) Developments in M1 and M2 districts except when abutting or across the street from residential uses and districts or within 200 feet of the Green /Duwamish River. B. Any exterior modifications to existing commercial development in excess of 10,000 gross square feet in building floor area in: C2 CP CM zoning districts. MR. KNUDSON MOVED AND MR. HAMILTON SECONDED A MOTION TO APPROVE THE MINUTES OF THE SEPTEMBER 8, 1988 MEETING AS CLARIFIED. MOTION UNANIMOUSLY APPROVED. DIRECTOR'S REPORT Mr. Rick Beeler reviewed the 1989 Work Plan, 1989 Budget. The consensus for Planning Commission meeting dates was November 22, 1988 and December 20, 1988. ADJOURNMENT The meeting was adjourned at 11:05 p.m. Respectfully submitted, C - 1 b I�l5 0•✓ Jo' ne Johns n, Secretary City Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 SEPA DETERMINATION: DNS was issued on August 30, 1988 STAFF REPORT to the Planning Commission Prepared September 14, 1988 HEARING DATE: September 22, 1988 FILE NUMBER: , 88 -4 -CA: Hazardous Waste Zoning (Code Amendment) APPLICANT: City of Tukwila REQUEST: Revise Tukwila's Zoning Code to permit use and storage of hazardous waste in compliance with State law. ATTACHMENTS: (A) Briefing memo to Planning Commission (5/26/88) (B) Draft language letter to Washington D.O.E. (6/20/88) (C) Preliminary approval letter from Washington D.O.F. (8/22/88) ✓.. .v. �:t�. �... .. h•�......v „ � r... ... .,. ,...�. ......., n „ter.. .✓ .. i.r. .,.. .. ".'Y'.e.:*i: ttt92t .✓..r- w rv.r. s, ....... v... . .... ...... ........... STAFF REPORT to the . B8-‘6A: Hazardous Waste Zoning Planning Commission Page 2 FINDINGS , BACKGROUND In May, 1988, the Planning Commission was briefed on the State of Washington's requirement that by June 3, 1988, cities need to adopt zoning for hazardous waste treatment and storage facilities (Attachment A). On June 28, 1988, Planning Staff submitted to the State of Washington Department of Ecology draft language for revisions to Tukwila's zoning code (Attachment B). On August 22, 1988, Tukwila received word from the Washington Department of Ecology that its draft amendments comply with the Department of Ecology's hazardous waste zoning guidelines. This means that Tukwila's amendments are condi- tionally approved, subject to adoption by the Tukwila City Council and submittal of the adopted ordinance or certification of adoption to the Department for final approval by mid - November, 1988, (Attachment C). Following closure of the public hearing, the Planning Commission will make its recommendation to the City Council concerning the proposed text amendment. The Commission will include reasons in its proposal which indicate the basis for its recommendation. DISCUSSION RCW Chapter 70.105 states that the treatment and storage of hazardous waste cannot be prohibited in a zone when the use of hazardous substances is also prohibited in the zone. Hazardous substances and wastes are commonly found in many commercial and industrial businesses, and to a limited extent within our homes. Examples of hazardous waste include such items as paint products, clean- ing agents, and pesticides. Examples of hazardous waste generators include auto paint and repair shops; machine shops; printing and reproduction; construction companies; furniture refinishers; dry cleaners; electroplaters; government shops; and warehousing operations. Wastes exempt from the State's regulations are classified as "moderate -risk waste ". These wastes are essentially hazardous waste, but are generated in quantities below the threshold for regulation, or are classified as household wastes. Due to the controversial and regional nature of facilities which dispose of hazardous waste generated by commercial and industrial uses, these facilities have had difficulty in obtaining necessary local approvals. The State legis- lature has found that there is a state -wide interest in assuring that such facilities can be sited. Accordingly, if municipalities' zoning codes prohibit these uses, the State legislation preempts local government's authority to approve, deny, or otherwise regulate these facilities based solely on land use factors (RCW 70.105.050(8)). In order to retain the greatest degree of local land use control over siting hazardous waste facilities, Tukwila has submitted proposed zoning code amendments. Once the mandated facility zone designation process is completed, no local ordinance, permit requirement, or other requirement or decision shall prohibit, STAFF REPORT to the 88 -4 -Ck Hazardous Waste Zoning Planning Commission Page 3 on the basis of land use considerations, the construction of a hazardous waste management facility within any designated zone, provided it is consistent with the State's siting criteria. (The State is in the process of developing its siting criteria.) However, a permit application can be denied at any point in the approval process if it is determined that a problem exists with the site that cannot be satisfactorily mitigated to protect the public health (Building/ Fire Codes) and the environment (SEPA). The process of amending local zoning codes ensures that hazardous waste treat- ment and storage facilities are allowed somewhere in the .jurisdiction, with a distinction drawn between on -site and off -site facilities. On -site facilities treat and store hazardous wastes generated on the same property. On -site accumulation of waste materials is not always considered a storage facility. State regulations allow accumulation of wastes for up to 90 days for more than 2,200 pounds of hazardous waste, and up to 180 for less than 2,200 pounds of hazardous waste without being classified as a storage facility. On -site treatment and storage facilities must be allowed as permitted uses in all zones, except residential, that allow the processing or handling of hazard- ous substances. Off -site treatment and storage facilities must be allowed as permitted uses in all zones which allow comparable industrial and manufacturing uses that process or handle hazardous substances (i.e. M -2 (Heavy Industrial)). PROPOSED CODE REVISIONS Attached are the proposed amendments to the City's Zoning Code which implement the State mandated changes. The first amendments include a series of defin- itions which clarify terms related to hazardous waste as defined by State legislation. The second amendments include identification of all commercial and industrial districts as designated facility zones allowing on -site hazardous waste treat- ment and storage. In all cases, except the M -2 District, hazardous waste use and treatment must be clearly incidental and secondary to a permitted use. In addition, all on -site treatment and storage facilities are subject to the State's siting criteria. The M -2 District is the only area in which an off -site treatment and storage facility could be located, subject to the City's Condi- tional Use Permit process (and the State's siting criteria when adopted). AMENDMENTS TO DEFINITIONS 18.06.201 Dangerous Waste. "Dangerous waste" means those solid wastes desig- nated in WAC 173- 303 -070 through 173 -303 -103 as dangerous waste. 18.06.202 Designated Facility Zone. "Designated Facility Zone" means a zoning district in which hazardous waste treatment and storage facilities are allowed uses, subject to the state siting criteria designated in Chapter 70.105 RCW. 18.06.255 Extremely Hazardous Waste. "Extremely hazardous waste" means those solid wastes designated in WAC 173- 303 -070 through 173- 303 -103 as extremely hazardous waste. STAFF REPORT to the 88- A: Hazardous Waste Zoning Page 4 Planning Commission 18.06.341 Hazardous Substance. "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 713 -303 WAC. 18.06.342 Hazardous Substance Processing or Handling. "Hazardous waste processing or handling" means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged house- hold consumer products or quantities of hazardous substances of less than five gallons in volume per container. 18.06.343 Hazardous Waste. "Hazardous waste" means and includes all dangerous (18.06.201) and all extremely hazardous (18.06.255) waste. 18.06.344 Hazardous Waste Storage. "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of Chapter 173 -303 WAC. 18.06.345 Hazardous Waste Treatment. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. 18.06.346 Hazardous Waste Treatment and Storage Facility, Off -Site. "Hazardous waste treatment and storage facility, off - site" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off -site facility is located. 18.06.347 Hazardous Waste Treatment and Storage Facility, On -Site. "Hazardous waste treatment and storage facility, on- site" means the treatment and storage of hazardous wastes generated on the same site. AMENDMENTS TO COMMERCIAL AND INDUSTRIAL ZONES CHAPTER 18.28 C -1 DISTRICT - COMMUNITY RETAIL BUSINESS 18.28.030 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CHAPTER 18.30 C -2 DISTRICT - REGIONAL RETAIL BUSINESS 18.30.030 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CONCLUSIONS STAFF REPORT to the �_- 88 -4 -CIL ;Hazardous Waste Zoning Planning Commission Page 5 CHAPTER 18.34 C -P DISTRICT - PLANNED BUSINESS CENTER 18.34.030 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CHAPTER 18.38 C -M DISTRICT - INDUSTRIAL PARK 18.38.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CHAPTER 18.40 M -1 - LIGHT INDUSTRY DISTRICT 18.40.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CHAPTER 18.42 M -2 - HEAVY INDUSTRY DISTRICT 18.42.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). ADD THE FOLLOWING SECTION TO DESIGNATE THE M -2 (HEAVY INDUSTRY DISTRICT) AS A DESIGNATED FACILITY ZONE ALLOWING OFF -SITE HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES: CHAPTER 18.34 M -2 - HEAVY INDUSTRY DISTRICT 18.42.040 Conditional Uses. The following uses require a conditional use permit from the City as provided in Chapter 18.64: 18.42.040(6). Off -site hazardous waste treatment and storage facilities subject to compliance with the state siting criteria (Chapter 70.105 RCW). 1. State law requires that municipalities not prohibit off -site and on -site hazardous waste treatment and storage facilities in non - residential zones. STAFF REPORT to the(. 884,.;A: Hazardous Waste, Zoning Planning Commission Page 6 2. Proposed amendments to Tukwila's code acknowledge the existing situation in Tukwila by permitting on -site hazardous waste use and storage in non- residential zones as a secondary or incidental use. 3 . By requiring that off -site hazardous waste use and storage be permitted only in M -2 zones and only as a conditional use, the proposed code amendments comply with the State legislation while providing Tukwila the greatest possible degree of protection and control. 4. Washington Department of Ecology has reviewed the draft proposal and con- cluded it would comply with State zoning guidelines. RECOMMENDATION Planning staff recommends that the Planning Commission approve the request to amend the zoning code for off -site and on -site hazardous waste treatment and storage. (22/88- 4- CA.1 -.2) City (4f Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 Mr. Phil Clark Department of Ecology Solid and Hazard Waste Program Mail Stop PV -11 Olympia, WA 98504 -0711 June 28, 1988 Subject: PROPOSED ZONING CODE AMENDMENTS FOR HAZARDOUS WASTE ZONING Dear Mr. Clark: Per our conversation of last week, enclosed please find draft language for revisions to Tukwila's zoning code. Based on our conversation, it is our understanding that this submittal will meet the State's June 30, 1988 deadline for designating zones for hazardous waste siting. Please note that this is draft language and must be reviewed and adopted by the Tukwila City Council. We are proceeding with this review and I will forward the final ordinance to you once it has been adopted. Please call me at 433 -1845 if you have questions on this. RF /.sjn attachments cc: Rick Beeler . �! �. n. ti��.:, n�. �ewm�a-« n�warwmww�.•. R«:...«.«. a. �........«....... w- �.- .ewtxrvm�te.MtFl?ti:= fh�`:3.,:.' .. . Sincerely, Rebecca Fox Tukwila Planning Department PROPOSED ZONING CODE AMENDMENTS FOR HAZARDOUS WASTE ZONING ADD THE FOLLOWING DEFINITIONS TO THE TUKWILA MUNICIPAL CODE: 18.06.201 Dangerous Waste. "Dangerous waste" means those solid wastes desig- nated in WAC 173 - 303 -070 through 173 - 303 -103 as dangerous waste. 18.06.202 Designated Facility Zone. "Designated Facility Zone" means a zoning district in which hazardous waste treatment and storage facilities are allowed uses, subject to the state siting criteria designated in Chapter 70.105 RCW. 18.06.255 Extremely Hazardous Waste. "Extremely hazardous waste" means those solid wastes designated in WAC 173 - 303 -070 through 173 - 303 -103 as extremely hazardous waste. 18.06.341 Hazardous Substance. "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity that exhibits any of the characteristics or criteria of hazardous waste as defined by Chapter 713 -303 WAC. 18.06.342 Hazardous Substance Processing or Handling. "Hazardous waste processing or handling" means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged house- hold consumer products or quantities of hazardous substances of less than five gallons in volume per container. 18.06.343 Hazardous Waste. "Hazardous waste" means and includes all dangerous (18.06.201) and all extremely hazardous (18.06.255) waste. 18.06.344 Hazardous Waste Storage. "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of Chapter 173 -303 WAC. 18.06.345 Hazardous Waste Treatment. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. 18.06.346 Hazardous Waste Treatment and Storage Facility, Off -Site. "Hazardous waste treatment and storage facility, off - site" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off -site facility is located. 18.06.347 Hazardous Waste Treatment and Storage Facility, On -Site. "Hazardous waste treatment and storage facility, on- site" means the treatment and storage of hazardous wastes generated on the same site. PROPOh,_. ZONING CODE AMENDMENTS FOR HAZARDOUS WASTE ZONING Page 2 ADD OR MODIFY THE FOLLOWING SECTIONS TO CLASSIFY CERTAIN COMMERCIAL AND INDUSTRIAL ZONES AS DESIGNATED FACILITY ZONES ALLOWING ON -SITE HAZARDOUS SUBSTANCE PROCESSING AND HANDLING, AND HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES. CHAPTER 18.28 C -1 DISTRICT - COMMUNITY RETAIL BUSINESS 18.28.030 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CHAPTER 18.30 C -2 DISTRICT - REGIONAL RETAIL BUSINESS 18.30.030 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CHAPTER 18.34 C -P DISTRICT - PLANNED BUSINESS CENTER 18.34.030 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CHAPTER 18.38 C -M DISTRICT - INDUSTRIAL PARK 18.38.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CHAPTER 18.40 M -1 - LIGHT INDUSTRY DISTRICT 18.40.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). CHAPTER 18.42 M -2 - HEAVY INDUSTRY DISTRICT 18.42.035 On -Site Hazardous Substances. No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). PR :. ED ZONING CODE AMENDMENTS FOR HAZARDOUS WASTE ZONING Page 3 ADD THE FOLLOWING SECTION TO DESIGNATE THE M -2 (HEAVY INDUSTRY DISTRICT) AS A DESIGNATED FACILITY ZONE ALLOWING OFF -SITE HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES: CHAPTER 18.34 M -2 - HEAVY INDUSTRY DISTRICT 18.42.040 Conditional Uses. The following uses require a conditional use permit from the City as provided in Chapter 18.64: 18.42.040(6). Off -site hazardous waste treatment and storage facilities subject to compliance with the state siting criteria (Chapter 70.105 RCW). (25 /RF.HAZARD) TO: FROM: DATE: SUBJECT: City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (2061433 -1800 Gary L. vanDusen, Mayor MEMORANDUM Planning Commission Members Rebecca Fox May 26, 1988 ZONING CODE CHANGES FOR HAZARDOUS WASTE STORAGE AND HANDLING Background By June 30, 1988, the State of Washington requires that cities adopt zoning for hazardous waste treatment and storage facilities. Many of these facilities are already located in Tukwila, ranging from dry cleaning and printing shops to heavy industrial processing. The State's concern is that these facilities not be prohibited from locating and operating in our city. Chapter 70.105 RCW states that the treatment and storage of hazardous waste cannot be prohibited in a zone unless the use of hazardous substances is also prohibited in the zone. The guidelines implementing Chapter 70.105 RCW indicate that cities can distinguish between on -site and off -site treatment of hazardous wastes. Off -site treatment and storage facilities must be allowed as permitted uses in zones that allow industrial and manufacturing uses which process or handle hazardous substances. We can prohibit off -site treatment in commercial zones as long as we allow uses in these zones to treat their own waste on -site as as "accessory" use. On -site treatment of hazardous waste can occur in com- mercial zones where the substances are allowed. Staff Proposal We propose that off -site treatment or storage of hazardous waste be permitted as a conditional use or unclassified use in industrial zones (either in M -1 and M -2 zones or perhaps only M -2 zones). On -site treatment and storage of hazardous waste shall be permitted as an incidental or accessory use in commer- cial or industrial zones. This includes typical existing uses such as dry cleaners, print shops and stations, as well as firms which use and store on premises small amounts of hazardous materials. . e�3iJb.:i?:la'��l_:�%�� }' L��CliY1�.R�FiPlY3i3i1L•IA MEMORANDUM to: RF /sjn nmaw... v..... rw........ an......* a.. i ...n,w........- .....- ..-- ...... ___.w....n, +.e�+e+w..�w++KM w�.....wo-nm+cv*xwxx W1Geekr14117,00 K) May 26, 1988 Planning Commission Members Page 2 Siting Criteria The State has developed and in March 1988 adopted siting criteria for hazardous waste facilities. We had planned to incorporate these directly into our zoning. code. Last week, however, the media reported that the new State D.O.E. direc- tor intends to have these standards rewritten. In the interim, the staff proposes that Tukwila incorporate the•State's siting guidelines into its code. We will monitor the State's progress and stay informed of the situation if any change occurs in the siting criteria. Next Steps The Planning Commission will review hazardous waste-related zoning code revi- sions at its June meeting. Draft regulations will be forwarded to the State of Washington by June 30, 1988 to demonstrate the City's compliance with State requirements. The Planning Commission's recommendations and draft code language will go to the City Council for a public hearing and final decision /adoption. The final code wording will then be submitted to the State D.O.E. /2 G-GsL- /Z Rebecca Fox Ms. Rebecca Fox Tukwila Planning Department 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Ms. Fox: TH:pb cc: Phil Clark �..nx+�r�.e,rsumrri 1% II 1'.•\ : F- ..('11\ DEPARTMENT OF ECOLOGY \Lid 1 l , '1) P .1/ • )l ' “_ • .2/ NI) 4 - August 16, 1988 Re: Hazardous Waste Zoning Conditional Approval Sincerely, Terry Husseman Program Manager 3 do w... ..r.TYV,,.r..uw...,.,., Thank you for your draft hazardous waste zoning ordinance amendments submitted in compliance with the June 30, 1988 deadline, pursuant to the requirements of RCW 70.105.225. Following this submittal, the Department of Ecology must either approve or deny ordinances within 90 days. In turn, local government has 90 days in which to respond back to the Department in the event of denial or other Department comments or recommendations. Accordingly, we have reviewed your draft amendments and find that they comply with the requirements of Chapter 70.105 RCW, the Department's hazardous waste zoning guidelines and state siting criteria. Your amendments dated June 28, 1988 are hereby conditionally approved, subject to adoption by the Tukwila City Council and submittal of the adopted ordinance or certification of adoption to the Department for final approval within 90 days of the date of this letter. If you have questions or need clarification on this matter, please call Phil Clark at (206) 459 -6308. TO: Mayor Dan Kelleher and City Council Members FROM: Brad Collins and Philip Morley, Planning Consultants SUBJECT: DRAFT ZONING CODE AMENDMENTS FOR HAZARDOUS WASTE MANAGEMENT The designation of zones for hazardous waste treatment and /or storage facilities is mandated of local jurisdictions by State law (RCW 70.105 and WAC 173 -303). A copy of the specific requirements of RCW 70.105.225 is attached to this briefing memorandum. If the City does not submit Zoning Code amendments for facility zone designation by June 30, 1988, the State will preempt the City's local land use jurisdiction over hazardous waste facilities. We are requesting that the Kent City Council approve the Planning Commission's recommendation for the Zoning Code amendments, direct the City Attorney to draft an ordinance adopting the zoning code amendments to become effective subsequent to the Department of Ecology review, and direct City staff to forward the approved Code amendments to the Department of Ecology for review and approval prior to June 30, 1988. By complying with State law, the City is not permitting hazardous substance land uses for the first time in any zone. To the contrary, a review of existing hazardous substance locations within the City of Kent shows that a large number of land uses in most of the City's zoning districts have hazardous substances. To date, both hazardous substances and wastes have not been well regulated. Attached are draft zoning amendments for hazardous waste facility zone designation. The primary directive that has been followed in the development of the draft amendments is to be stringent, where practical, in the permitting of hazardous waste treatment and storage facilities. These amendments accomplish several things: * Meet the State deadline for avoiding preemption of local land use authority in regulation of hazardous waste treatment and /or storage facilities. * Begin the regulatory process of existing as well as future hazardous substances and wastes (under these new regulations, hazardous wastes will not be ignored in local code requirements nor permitted to be improperly processed and handled by private industry generators.) * Set out site development standards and other performance standards, which are much more stringent than existing Kent Zoning Code requirements and the State siting criteria, to be used in the permit process for hazardous substance land uses. There are three essential changes to the Kent Zoning Code proposed for hazardous waste facility zone designation. First, 15 new 'terms are defined as related to hazardous substance or waste regulations. Second, use descriptions are added to all non - residential zones to specify permitted accessory, conditional, and special uses. These use descriptions rely on hazardous substance and waste quantity limitations and provisions for new performance standards. Third, new performance standards that are consistent with State requirements are added for hazardous substance and /or waste uses. The regulation of hazardous substances and wastes is a relatively new responsibility for local government. In fact, few land use planners have extensive knowledge of hazardous waste management, and few hazardous waste managers have adequate knowledge of land use controls. It is, therefore, important to understand the following distinctions for hazardous waste facility zone designation: * hazardous waste (15.02.179) vs solid waste and sewage * hazardous substance (15.02.175) vs hazardous waste * the processing or handling of hazardous substances (15.02.178) vs a facility for treating or storing hazardous wastes (15.02.098, 15.02.181 and 15.02.182); * hazardous waste treatment and storage (15.02.181 and 15.02.182) vs disposal * on -site hazardous waste treatment or storage facility (15.02.184) vs off -site hazardous waste treatment or storage facility (15.02.183) * principally permitted uses (specified uses meeting the purpose of a given zoning district) vs accessory uses (15.02.005) vs conditional uses (15.02.090) vs special permit uses (15.02.500) vs special uses in a combining district (15.02.080), all of which may be permitted uses. Finally, it should be understood that the City of Kent, through a facility zone designation grant from the Department of Ecology, is helping to draft model language for use descriptions and site development standards that can be used by local jurisdictions in the regulation of hazardous substances and wastes. From the preliminary review by the Planning Commission at its work session on May 16th, the draft amendments were reviewed at the public hearing to be scheduled for May 23rd. The City Council has received the Planning Commissions recommendation on the draft zoning amendments for hazardous waste facility zone designation in early June with time to review the amendments prior to the June 30, 1988 deadline for submittal to the Department of Ecology. The Department of Ecology will review the amendments within 90 days and return them to the City of Kent for changes and /or adoption within another 90 days (i.e., within 180 days from June 30, 1988). MD:BC:PM:ca 060388 5. 02. 097 DANGEROUS WASTES DEFINITIONS A moderate risk waste is not a dangerous waste. 15.02.098 DESIGNATED ZONE FACILITY 15.02.133 EXTREMELY HAZARDOUS WASTE 15.02.175 HAZARDOUS SUBSTANCE 15.02.172 GROUNDCOVER (Relocate Section 15.02.175 here) 15.02.174 GUEST COTTAGE (Relocate Section 15.02.180 here) Those wastes designated in WAC 173-303 -070 through 173 -303 -103 as dangerous wastes. This may include any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes: A. have short - lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties or B. are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. Any hazardous waste facility that requires an interim or final status permit under rules adopted under Chapter 70.105 RCW and Chapter 173 -303 WAC and that is not a "preempted facility" as defined in RCW 70.105.010 or in WAC 173 -303; a hazardous waste treatment and /or storage facility is a designated zone facility. Those wastes designated in WAC. 173 - 303 -070 through 173 - 303 -103 as extremely hazardous wastes. This may include any dangerous waste which A. will persist in a hazardous form for several years or more at a disposal site and which in its persistent form 1. presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make -up of man or wildlife and 2. is highly toxic to man or wildlife, B. if disposed of at a hazardous waste disposal site in such quantities as would present an extreme hazard to man or the environment. Any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under Chapter 70.105 RCW or in WAC 173 - 303 -090, 173 -303- 100, 173 -303 -101, 173 -303 -102, or 173 - 303 -103. 6 -7 -88 1.;.1;i:•i :'�)y -is 'f:y %1:J': )It4.'..4�yi..1�.::�1'r l;.u�,.,: 15.02.179 HAZARDOUS WASTE 15.02.180 HAZARDOUS WASTE FACILITY DEFINITIONS 15.02.176 HAZARDOUS SUBSTANCE FACILITY BUFFER ZONE A setback area between the hazardous substance land use facility boundary and the nearest point of the hazardous substance land use property line, necessary to provide added protection to adjacent land uses or resources of beneficial use. All hazardous waste treatment and /or storage facilities must maintain at least a 50 foot buffer zone. 15.02.177 HAZARDOUS SUBSTANCE LAND USE Any use which is permitted under the Kent Zoning Code and which includes a designated zone facility or the processing or handling of hazardous substance as defined herein. 15.02.178 HAZARDOUS SUBSTANCE PROCESSING OR HANDLING OF 2 The compounding, treatment, manufacture, synthesis, use or storage of hazardous substances in excess of the following amounts in bulk quantities: 5,000 pounds of solid hazardous substances; 500 gallons of liquid hazardous substances; and 650 cubic feet of gaseous hazardous substances. Any dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components. A moderate risk waste is not a .hazardous waste. The contiguous land and structures, other appurtenances, and improvements on the land used for recycling, storing, treating, incinerating, or disposing of hazardous waste. 15.02.181 HAZARDOUS WASTE STORAGE FACILITY Any designated zone facility which holds hazardous waste for a temporary period not to exceed five years; this does not include accumulation of hazardous waste by the generator on the site of generation, as long as the generator complies with the applicable requirements of WAC 173 -303- 200 and 173 - 303 -201. 15.02.182 HAZARDOUS WASTE TREATMENT FACILITY Any designated zone facility which processes hazardous waste by physical, chemical, or biological means to make such waste nonhazardous or less hazardous, safer for, transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. .+vay.v,v.?yegrxp .xcravmor ma i. gratxxra VeaainAt'k,•, DEFINITIONS 6 -7 -88 3 15.02.183 HAZARDOUS WASTE TREATMENT OR STORAGE FACILITY OFF -SITE Any hazardous waste treatment or storage facility which treats or stores wastes that are generated off site. 15.02.184 HAZARDOUS WASTE TREATMENT OR STORAGE FACILITY ON -SITE Any hazardous waste treatment or storage facility which treats or stores only those wastes that are generated on site. 15.02.267 MODERATE RISK WASTE Those wastes defined in WAC 173 -303 -040 as moderate risk wastes. This may include any waste that exhibits any of the properties of hazardous waste but is exempt from regulation under Chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation and any household waste which is generated from the disposal of substances identified by the Department of Ecology as hazardous household substances. 15.02.332 PLANNED UNIT DEVELOPMENT (Relocate Section 15.02.335 here) 15.02.334 PREEMPTED FACILITY Any hazardous waste facility defined as a preempted facility in RCW 70.105.010 or in WAC 173 -303. This may include any facility that includes as a significant *part of its activities any of the following hazardous waste operations: (a) landfill, (b) incineration, (c) land treatment, (d) surface impoundment to be closed as a landfill, or (e) waste pile to be closed as a landfill. 15.04.005 AGRICULTURAL - A -1 D. Conditional Uses 15.04.010 RESIDENTIAL AGRICULTURAL - RA 15.04.015 AGRICULTURAL GENERAL - AG D. Conditional Uses C. Accessory Uses 5. (Other accessory uses and buildings customarily appurtenant to a permitted use,] except for on -site hazarous waste treatment and /or storage facilities which are not permitted in residential zones. ... ,...7114° 4'L5,' 1 -., ._2' tip:` t i5 !`.!i; 6-7-88 4 C. Accessory Uses 5. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. 1. For permitted uses, accessory hazardous substance land uses which accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. B. Accessory Uses 4. . For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. 4. For permitted uses, accessory hazardous substance land uses which accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. ■ 6 -7 -88 5 15.04.090 NEIGHBORHOOD CONVENIENCE COMMERCIAL - NCC C. Accessory Uses 1. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. 15.04.100 COMMUNITY COMMERCIAL - CC 15.04.110 DOWNTOWN COMMERCIAL - DC 15.04.120 COMMERCIAL MANUFACTURING -1 - CM -1 D. Conditional Uses C. Accessory Uses 1. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. D Accessory Uses 1. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. B. Accessory Uses 1. For permitted uses, hazardous substance land uses, including'on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. 3. For permitted uses, accessory hazardous substance land uses which accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site or which handle more than 20,000 pounds of hazardous substances or wastes or any combination thereof on site in any 30 day period of time, . subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. 6 -7 -88 D. Conditional Uses 15.04.140 GENERAL COMMERCIAL - GC D. Conditional Uses 15.04.130 COMMERCIAL MANUFACTURING -2 - CM -2 15.04.150 PROFESSIONAL AND OFFICE - 0 B. Accessory Uses 1. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. 6 3. For permitted uses, accessory hazardous substance land uses which accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site or which handle more than 20,000 pounds of hazardous substances or wastes or any combination thereof on site in any 30 day period of time, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. C. Accessory Uses 1. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do.not accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -bite hazardous waste treatment and /or storage facilities which are not permitted in this district. 3. (Kennels.] 4. For permitted uses, accessory hazardous substance land uses which accumulate more than 10,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site or which handle more than 20,000 pounds of hazardous substances and wastes on site in any 30 day period of time, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. B. Accessory Uses 1. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off-site hazardous waste treatment and /or storage facilities which are not permitted in this district. 6 -7 -88 15.04.160 AGRICULTURAL INDUSTRIAL - MA B. Accessory Uses 4. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. D. Conditional Uses 4. For permitted uses, accessory hazardous substance land uses which accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are not permitted in this district. 15.04.170 INDUSTRIAL PARK - M1 OR M1 -C D. Accessory Uses 6. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050; off -site hazardous waste treatment and /or storage facilities are not permitted in this district, except through a special use combining district. E. Conditional Uses 3. CCarloading and distribution facilities, rail -truck transfer stations. ] 4. [Manufacturing of paint.] 5. For permitted uses, accessory hazardous substance land uses which accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050; off -site hazardous waste treatment and /or storage facilities are not permitted in this district, except through a special use combining district. 15.04.0180 LIMITED INDUSTRIAL - M2 7 C. Accessory Uses 6. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050; off -site hazardous waste treatment and /or storage facilities are not permitted in this district, except through a special use combining district. 6 -7 -88 E. Conditional Uses 4. [Manufacturing of paint. ] 5. [Automobile service centers, with or without gasoline sales. ] 6. For permitted uses, accessory hazardous substance land uses which accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050; off -site hazardous waste treatment and /or storage facilities are not permitted in this district, except through a special use combining district. 15.04.190 GENERAL INDUSTRIAL - M3 B. Accessory Uses 5. For permitted uses, hazardous substance land uses, including on -site hazardous waste treatment and /or storage facilities, which do not accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are a conditional use in this district. E. Conditional Uses ..a r a... v. �vf.Ynr.v tr.�V V�n�..tt TMr'��..Y'!`M ••••'c.: ^.'.Vt:� 9. For permitted uses, accessory hazardous substance land uses which accumulate more than 20,000 pounds of hazardous substances or wastes or any combination thereof at any one time on site, subject to the provisions of Section 15.08.050, except off -site hazardous waste treatment and /or storage facilities which are a conditional use in this district. 10. Off -site hazardous waste treatment and /or storage facilities, subject to the provisions of Section 15.08.050. 15.04.200 SPECIAL USE COMBINING DISTRICT - SU A. Uses Subject to Special Use Combining District Regulations 8. [Examples of uses subject to review described above would include, but are not limited to, the following: • a. Commercial uses: sports stadiums, rodeos, fairgrounds, exhibition or convention halls, merchandise marts, drive -in theaters. b. Special environmental problems posed by: refineries, nuclear power generating plants, airports, heliports, sanitary land fills, extractive industries,] solid waste incinerator or energy /resource recovery facility. c. Hazardous wastes: off -site hazardous waste treatment and /or storage facilities in M1 and M2 districts only,. subject to the provisions of Section 15.08.050. 8 6 -7 -88 15.08.020 SPECIAL PERMIT USES 15.08.050 PERFORMANCE STANDARDS of Performance Standards O C. Gasoline Service Stations (with or without retail convenience grocery sales) 12. Motor Fuels. Quantity limitations on hazardous substance land uses including on -site hazardous waste treatment and /or storage facilities shall not apply to motor fuels that may be stored on site for the permitted use. A. Performance Standards Defined [Performance standards deal with... referred to as "dangerous or objectionable elements ": 1. Noise, vibration, or glare. 2. Smoke, dust, odor, or other form of air pollution. 3. Heat, cold, or dampness.] 4. Hazardous substances or wastes. C. Locations Where Determinations are to be Made for Enforcement [The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent (herein referred to as "at any point "); provided, however, that the measurement of performance standards for noise, vibration, odors, glare, or hazardous substances or wastes shall be taken at the following points of measurement: 1. In all districts: at the property lines or lot lines,] or 2. In all districts: at the buffer zone setback line for any hazardous substance land use facility which must be at least 50 feet from any property line. D. Dangerous and Objectionable Elements 9. Hazardous substances or wastes. No release of hazardous substances or wastes as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be permitted, at any point into any public sewer, private sewage disposal system, watercourse or water body, or the ground, except in accordance with standards approved by the Washington State Department of Ecology or other appropriate state or federal agency. The relevant provisions of federal, state, and local laws and regulations shall apply, and compliance shall be certified by applicants for permits under the Zoning Code, City of Kent. The following site development standards shall apply: • a. Hazardous waste facilities shall meet the Location Standards for Siting Dangerous Waste Management Facilities in Washington as adopted in WAC 173 -303 -285; 6 -7 -88 10 b. Hazardous substance land use facilities shall be located at least: 1) 200 ft. from unstable soils or slopes which are delineated on the "Hazard Area Development Limitations" map or as may be more precisely determined per Section 15.08.224.8; 2) 200 ft. from the ordinary high water mark of major or minor streams or lakes which are delineated on the "Hazard Area Development Limitations" map or as may be more precisely determined per Section 15.08.224.13, shorelines of state -wide significance, or shorelines of the state; 3) 1/4 mi. from public parks, public recreation areas or natural preserves, or state or federal wildlife refuges; 4) 50 ft. from any property line to. serve as an on- site hazardous substance land use facility buffer zone; 5) 500 ft. and 100 ft. from a residential zone and a residential unit respectively; and 6) 500 ft. from a public gathering place or agricultural land /zone, in the case of a non - agricultural hazardous substance land use facility; c. Hazardous substance land use facilities shall not be located in a 100 -year floodplain; d. Hazardous substance land use facilities which are not entirely enclosed within a building shall provide a Type I: Solid Screen landscaping in the hazardous substance facility buffer zone required by subsection b.4); e. Aboveground hazardous substance land use facilities shall be constructed with containment controls which will prevent the escape of hazardous substances and /or wastes in the event of an accidental release from the 'facility and shall meet federal, state, and local design and construction requirements; f. Underground hazardous substance land use facilities shall meet federal, state, and local design and construction requirements; g. Hazardous substance land uses shall comply with Article 80 of the Uniform Fire Code as revised in 1988 and thereafter; h. Hazardous substance land uses shall provide for review and approval by the Kent Fire Department a hazardous substance spill contingency plan for immediate implementation in the event of a release of hazardous substances or wastes at the facility; i. Hazardous substance land uses shall be required to use traffic routes which do not go through residential zones; and • J. Hazardous substance land uses in the 0, NCC, CC, and DC zones shall be entirely enclosed within a building. In case of conflict between any of these site development standards and the development standards of specific zoning districts or other code requirements, the more restrictive requirement shall apply. 6 -7 -88 15.09. 100 VIOLATIONS C. Continued Enforcement 11 Whenever a hazardous substance land use is determined to be in violation of this Code, the City Attorney may order the violator to remove the violation within a specified period of time. In the event that the City Attorney determine there is imminent danger to public health, safety, or welfare or to the environment, the City may take direct action to remove the violation and subsequently may recover all costs and penalties from the violator. ............... • I11w18 R- 1.12.0 R -I -12 R•H20 R -H20 R -172 Egi CM R -I -120 D PROFESSIONAL AND CFFICE C -I NEIGI-IBCRFIOOD FETYLL. C -2 REGIONAL RETAIL [-=1 C -P PLANMED 8USPESS CENTER C=M INDUSTRIAL PARK n t 1 41 - T INDUSTRY M-2 . I- A/Y INDUSTRY * RESTRICTED ZONING . Be LZ • 9Z se b E CZ; + ZZ 11 1 1 1 1 t ❑ R -1.120 SINGLE FAMLY • !-. 1AL R•1.98 SINCLE FAMILY RESIDEN11AL R•I -7.2 SNGLE FAMLY RESIDENTIAL 0 TW FAMLY RESIDENTIAL L 'WEE AND FOUR Rua RESIDENTIAL n R-4 W APARTMENTS E RAC MAATPLE RESIDENCE HIGH DENSITY L 1111I1111111I111111111I1111111111111I11111111' 111 hIIIll1:141-IIII111111VIIIIIIJ 0 10 TIM INCH 1 2 CITY OF TUKWILA ZONING NNYO uWM1.' AOOp1® M =NANCE NUMBER JAL ON THE _MU D °FAS.. I962 C/4 •'■ y J 6Nlf L11M {XMM, MA _I.11IIIII.1111111h111IIIIf 111IIIII111ILh1111I1 1111 IIIIII111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIII ._..6.... 7 ... 9 10 • 11 HMO"IN001MANT 12 IF THIS MICROFILMED. DOCUMENT IS LESS CLEAR THAN THIS: NOTICE, IT IS-DUE TO THE=QUALITY =OF _ THE ORIGINAL DOCUMENT