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HomeMy WebLinkAboutPermit L02-043 - CITY OF TUKWILA - BAR ADMINISTRATIVE DESIGN REVIEW PROCESSL02 043 P CODE TUKWILA CITY COUNCIL December 2, 2002 -- 7:00 p.m. Tukwila City Hall - Council Chambers REGULAR MEETING MINUTES CALL TO ORDER /PLEDGE OF ALLEGIANCE: Calling the meeting to order at 7:00 p.m. was Mayor Steven M. Mullet. ROLL CALL: OFFICIALS: Calling the roll of Council was Bob Baker, Deputy City Clerk. Present were Council President Richard Simpson; and Councilmembers Joe Duffie; Joan Hernandez; Pam Carter; and Dave Fenton. MOVED; SECONDED; TO EXCUSE THE ABSENCE OF COUNCILMEMBER PAMELA LINDER, ATTENDING A PREVIOUSLY SCHEDULED KING COUNTY INTERNATIONAL AIRPORT MEETING. The motion carried 6 -0. John McFarland, City Administrator; Rhonda Berry, Assistant City Administrator (7:50 p.m.); Bob Noe, City Attorney; David St. Pierre, Assistant City Attorney; Jane Cantu, City Clerk; Lucy Lauterbach, Legislative Analyst; Steve Lancaster, Director of Community Development; Jim Morrow; Public Works Director; Alan Doerschel, Director of Finance; and Bob Baker, Deputy City Clerk. CITIZEN COMMENT /CORRESPONDENCE: NONE. CONSENT AGENDA: Approval of Vouchers — #240165- 240415 — in the amount of $ 626,195.07 DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA AS PRESENTED. The motion carried 6 -0. OLD BUSINESS: a. A PROPOSED ORDINANCE ADDING AN ADMINISTRATIVE DESIGN REVIEW PROCESS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758, 1768, 1793, 1796, 1847, 1857 AND 1865 AS CODIFIED AT CHAPTERS 18.12, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.26, 18.28, 18.30, 18.32, 18.34, 18.36, 18.38, 18.40, 18.60 AND 18.104 OF THE TUKWILA MUNICIPAL CODE, TO ADD AN ADMINISTRATIVE DESIGN REVIEW PROCESS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FENTON MOVED; DUFFIE SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE ONLY. The motion carried 6 -0. Bob Noe, City Attorney, read the title of the proposed ordinance. HAGGERTON MOVED; FENTON SECONDED; TO ADOPT THE PROPOSED ORDINANCE, AS READ. The motion carried 6 -0. ADOPTED ORDINANCE #2005 b. AUTHORIZE MAYOR TO SIGN A CONTRACT IN THE AMOUNT OF $299,744.64 (PLUS EXTRAORDINARY EXPENSES) WITH KENYON DORNAY MARSHALL, PLLC, FOR 2003 LEGAL SERVICES City of Tukwila TO: Mayor Mullet Tukwila City Council FROM: Steve Lancaster, DCD Director RE: Proposed Administrative BAR Ordinance DATE: November 25, 2002 BACKGROUND V!• Vr• Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM Under the newly adopted land use fee ordinance the City Council authorized the creation of an administrative design review process for smaller buildings, additions and remodels. What remained to be resolved was where the thresholds for administrative and public hearing design review should be placed. The Planning Commission/Board of Architectural Review held a public hearing on the topic on September 26 and made a recommendation to Council. The CAP Committee considered the recommendation at its meeting on October 15 and forwarded the issue on to COW unchanged. On October 28 the COW set a date for a public hearing on the issue. PUBLIC NOTICE No comments have been submitted on the topic and no members of the public attended the Planning Commission hearing. At the suggestion of the Commissioners an article about the proposed design review changes has been published in the November edition of the Hazelnut. PROPOSED CHANGES In order to implement the administrative design review process we will need to revise the thresholds for triggering design review in the various districts and add administrative design review to the list of Type 2 Decisions at TMC 18.104.010. The proposed code changes are reflected in the attached ordinance. REQUESTED ACTION Hold a public hearing on the proposed changes and approve the ordinance as proposed or amended by Council. .c 'IAA C'•.J #., iF1/1n • T..1...44•, bib, nhin +nn n010.Q • Dhnnn. 9/)/_A21 -2A7/1 • T.'ov• 9/IS.4 21. l /SS DR fT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758, 1768, 1793, 1796, 1847, 1857 AND 1865 AS CODIFIED AT CHAPTERS 18.12, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.26, ,18.28, 18.30, 18.32, 18 18.36, 18.38, 18.40, 18.60 AND 18.104 OF ;,THE TUKWILA MUNICIPAL CODE, TO ADD AN ADMINISTRATIVE DESIGN REVIEW PROCESS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The wide range of complexity among design review cases is not reflected in Tukwila's processes and fees; and WHEREAS, Tukwila has only one design review process, a public hearing before the Board of Architectural Review, regardless of the size of the project; and WHEREAS, Administrative design review would be more time and cost effective for additions and small developments while maintaining the same design standards; and WHEREAS, Adding an administrative design review process would provide more equity between the various Zoning Districts; and WHEREAS, the Planning Commission held a public hearing on the proposed Zoning Code amendments September 26, 2002, after proper notice; and WHEREAS, the City Council held a public hearing on the proposed Zoning Code amendments November 25, 2002, after proper notice; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1865 §11 and Ordinance 1758 §1 (part) as codified at Section 18.12.060 of the Tukwila Municipal Code is hereby amended to read as follows: 18.12.060 Design review. Design review is required for all multi - family structures; mobile or manufactured home parks; and for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Multi - family structures up to 1,500 square feet will be reviewed administratively. (See TMC 18.60, Board of Architectural Review.) ��raas�'•^r.# �. �:�, '"e Section 2. Ordinance 1865 §15 and Ordinance 1758 §1 (part) as codified at Section 18.14.060 of the Tukwila Municipal Code is hereby amended to read as follows: 18.14.060 Design review. Design review is required for all multi- family structures; mobile or manufactured home parks; and for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone „'Multi -famil structures u. to 1 500 s• uare feet will be reviewed administratively. (See TMC 18.60, Board of Architectural Review.) Vs '• Section 3. Ordinance 1758 0. (part) as codified at Section 18.16.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.16.070 Design review. Design review is required for commercial structures 5,000 1,500 square feet or larger and for all structures containing multi - family dwellings and all structures in the Tukwila International Boulevard corridor. Commercial structures between 1,500 and 5,000 square feet, multi - family structures u • to 1 500 s • uare feet and all buildin _s u • to 1 500 s • uare feet in the Tukwila International Boulevard corridor will be reviewed administratively. Design review is also re • uired for certain exterior re . airs reconstructions alterations or im • rovements to buildin • s over 10,000 square feet. (See the Board ofArchitectural Review chapter of this title.) Section 4. Ordinance 1758 §1 (part) as codified at Section 18.18.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.18.070 Design review. Design review is required for commercial structures 5,000 1.500 sq. ft. or larger. Commercial structures between 1 500 and 5 000 s uare feet will be reviewed administrativel . Desi • n review is also re uired for certain exterior re airs reconstructions alterations or im rovements to buildings over 10,000 square feet. (See the Board ofArchitectural Review chapter of this title.) Section 5. Ordinance 1758 §1 (part) as codified at Section 18.20.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.20.070 Design review. Design review is required for all commercial and multi - family structures. Commercial and multi - famil structures u to 1 500 s uare feet will be reviewed administrative) . Desi • n review is also uired for certain exterior re airs reconstructions alterations or im rovements to buildin • s re over 10,000 square feet. (See the Board ofArchitectural Review chapter of this title.) Section 6. Ordinance 1758 0. (part) as codified at Section 18.22.070 of the Tukwila Municipal Code is hereby amended to read as follows: rte, :rte. 18.22.070 Design review. Design review is required for all commercial and for all multi- family structures. Commercial and multi -famil structures u• to 1 500 s uare feet will be reviewed administrativel . Desi n review Section 7. Ordinance 1865 §30 and Ordinance 1758 §1 (part) as codified at Section 18.24.070 of the Tukwila Municipal Code is hereby amended to read as follows: is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet or in the Tukwila International Boulevard corridor. (See the Board of Architectural Review chapter of this title.) / f• ✓t+ ✓V.• 18.24.070 Design review: Design review is required for all hotels and motels and for other commercial structures .5090 1,500 square feet or larger. Outside of the Tukwila International Boulevard corridor commercial structures between 1 500 and 5 000 s • uare feet and multi -famil structures u • to 1 500 s uare feet will be reviewed administratively. Within the Tukwila International Boulevard corridor (see Figure 18 -9), design review is required for all new development as well as certain exterior repairs, reconstructions, alterations or improvements. Commercial and multi - family structures up to 1,500 square feet will be reviewed administratively. Details on design review are found in Chapter 18.60, Board of Architectural Review. Section 8. Ordinance 1758 §1 (part) as codified at Section 18.26.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.26.070 Design review. Design review is required for commercial structures 6 1,500 sq. ft. or larger and for all structures containing multi - family dwellings. Commercial structures between 1,500 and 5,000 s uare feet and multi -famil structures u to 1 500 s uare feet will be reviewed administrativel Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) Section 9. Ordinance 1758 §1 (part) as codified at Section 18.28.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.28.070 Design review. Design review is required for all commercial structures larger than 27-509 1,500 square feet, and for all structures containing multi - family development. Commercial structures between 1,500 and 2,500 square feet and multi - family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) Section 10. Ordinance 1758 §1 (part) as codified at Section 18.30.070 of the Tukwila Municipal Code is hereby amended to rea,d as follows: 18.30.070 Design review. Design review is required for new developments within 300 feet of residential districts or within 200 feet of the Green/Duwamish River, or for developments larger than X9 square feet. Commercial structures between 1,500 and 10,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) Section 11. Ordinance 1758 §1 (part) as codified at Section 18.32.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.32.070 Design review. Administrative Ddesign review is required for new developments within 300 feet of residential districts or within 200 feet Green/Duwamish River. (See the Board ofArchitectural Review chapter of this title.y =: VI..• Section 12. Ordinance 1793 §1 and Ordinance 1758 §1 (part) as codified at Section 18.34.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.34.070 Design review. Administrative Ddesign review is required for new developments within 300 feet of residential developments or within 200 feet of the Green/Duwamish River. Administrative Ddesign review is also required for new developments over 45 feet in height. (See the Board of Architectural Review chapter of this title.) Section 13. Ordinance 1758 §1 (part) as codified at Section 18.36.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.36.070 Design review. Administrative Ddesign review is required for new developments within 300 feet of residential districts or within 200 feet of the Green/Duwamish River. (See the Board of Architectural Review chapter of this title.) Section 14. Ordinance 1758 §1 (part) as codified at Section 18.38.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.38.070 Design review. Administrative Ddesign review is required for new developments within 300 feet of residential districts or within 200 feet of the Green/Duwamish River. (See the Board ofArchitectural Review chapter of this title.) Section 15, Ordinance 1758 §1 (part) as codified at Section 18.40.070 of the Tukwila Municipal Code is hereby amended to read as follows: 18.40.070 Design review. Design review is required for new development within 300 feet of residential districts; within 200 feet of the Green/Duwamish River; for developments larger than •100001,500 sq. ft. and for all multi - family developments. Commercial structures between 1,500 and 10,000 square feet and multi - family structures up to 1,500 square feet will be reviewed administratively (See the Board ofArchitectural Review cha pter of this title.) Section 16. Ordinance 1865 §49 and Ordinance 1758 §1 (part) as codified at Section 18.60.010 of the Tukwila Municipal Code is hereby amended to read as follows: 18.60.010 Purpose and objectives. It is the purpose of this chapter to provide for the review by public officials of land development and building design in order to promote the public health, safety and welfare. Specifically, the Board of Architectural Review ( "BAR ") and DCD Director shall only approve well designed developments that are creative and harmonious with the natural and manmade environments. Throughout this chapter any reference to the Board or BAR shall also include the DCD Director in the case of administrative design review. Section 17. Ordinance 1865 §50 and Ordinfce 1758 §1 (part) as codified at Section 18.60.030 of the Tukwila Municipal Code is 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. Projects meeting the thresholds for administrative desi • n review will be reviewed b the DCD Director. All other . ro'ects re • uirin _ desi n review a.. royal will be reviewed b the BAR. The Design review is required for the following er ti; .,..M....�..,,._•'R� ,. �' �.�"�'"� Board and the DCD Director shall have the authority to approve, approve with conditions, or deny all plans submitted te-it based on a clear demonstration of compliance with all of the guidelines of this chapter. C.B. described land use actions: 1. All developments will be subject to design review with the following exceptions: ab. Developments exempted in the various districts, be. Developments in LI, HI, MIC/L, MIC/H and TVS 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 buildings assessed valuation (for costs between 10% and 25% the changes will be reviewed administratively); a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, 0, RCC, NCC, RC, RCM, TUC and C/LI zoning districts; and b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see Figure 18 -9). 3. Development applications using the procedures of 18.60.60, Commercial Redevelopment Area. DG. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in 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. ED. No changes shall be made to BAR 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 18. Ordinance 1865 §54, Ordinance 1770 §35 and Ordinance 1758 §1 (part) as codified at Section 18.60.030 of the Tukwila Municipal Code is hereby amended to read as follows: 18.60.070 Action by Board of Architectural Review. A. APPROVAL. Projects meeting the thresholds for administrative design review will be processed as Type 2 decisions pursuant to TMC 18.108.020. All other Ddesign review decisions shall be processed as Type 4 decisions pursuant to TMC 18.108.0430. If the BAR approves the proposed development, a building permit may be issued by the appropriate City official providing all other requirements of the building code and ordinances of the City have been complied with. B. APPROVAL WITHCONDITIQNS. If the BAR approves the proposed development plans with conditions, it may require that such conditions shall be fulfiNd prior to the issuance of a building or occupancy permit, where appropriate. C. DENIAL. The BAR may deny the proposed development plans if the plans do not satisfy the guidelines of this chapter. D. TIME LIMIT OF APPROVAL. Construction permitting for BAR approved plans must begin within three years from the notice of decision or the BAR decision becomes null and void. Section 19. Ordinance 1872 §15 and Ordinance 1819 §1 (part) as codified at Section 18.70.090 of the Tukwila Municipal Code is hereby amended to read as follows: 18.70.090 Nonconforming landscape areas. A. Adoption of the landscaping regulations contained in this title shall not be construed to require a change in the landscape improvements for any legal landscape area which existed on the date of adoption of this title, unless and until a change of use or alteration of the structure requiring design review approval is proposed (see TMC 18.60). B. At such time as a change requiring design review approval Review is proposed for a use or structure, and the associated premises does not comply with the landscape requirements of this title, a landscape plan which conforms to the requirements of this title shall be submitted for approval along with the design review application tie Board of • The BAR (or DCD Director in the case of administrative design review) may modify the standards imposed by this title when, in their judgment, strict compliance with the landscaping standards of this code would create substantial practical difficulties, the existing and proposed additional landscaping and screening materials together will adequately screen or buffer possible use incompatibilities, soften the barren appearance of parking or storage areas, and /or adequately enhance the premises appropriate to the use district and location of the site. Section 20. Ordinance 1857 §7, Ordinance 1847 §2, Ordinance 1796 §3 (part) and Ordinance 1768 §2 (part) as codified at Section 18.104.010 of the Tukwila Municipal Code is hereby amended to read as follows: 18.104.010 Classification of project permit applications. A. Project permit decisions are classified into five types, based on the amount of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/or a public hearing is required before a decision is made and whether administrative appeals are provided. B. Type 1 decisions are made by City administrators who have technical expertise as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type I decisions or for the appeals of those decisions. TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review Community Development Board of Architectural Review (TMC 18.60.030) Director Land Alteration , Administrative Planned Residential Development (TMC 17.08.040) Short Plat Committee Hearing Examiner Short Plat (TMC 17.08.060) Short Plat Committee Hearing Examiner Binding Site Improvement Plan (TMC 17.16) Short Plat Committee Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shoreline Hearings Board Decision regarding Sensitive Areas (except Reasonable Use Exception) (TMC 18.45.125) Community Development Director Planning Commission Special Permission Parking, and Modifications to Certain Parking Standards (TMC 18.56.060 and .070) Community Development Director . City Council Parking standard for use not Specified (TMC 18.56.100) Community Development Director City Council Code Interpretation (TMC 18.90.010) Community Development Director Hearing Examiner Special Permission Sign, except "unique sign" (various sections of TMC Title 19) Community Development Director Planning Commission Sign Permit Denial Community Development Planning Commission TYPE OF PERMIT DECISION MAKER Building Permit Building Official Utility Permit Public Works Director Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission or denials of sign permits which are appealable Community Development Director Land Alteration , Public Works Director Boundary Line Adjustment, inchiding Lot Consolidation Community Development Director Minor Modification to PRD (TMC 18.46.130) Community Development Director Minor modification to BAR design review approved Community Development Director design (TMC 18.60.030) Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter As specified by Ordinance TYPE 1 DECISIONS C. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Council, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS .o-w•.. =�y4 H. TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Shoreline Conditional Use Permit (TMC 18.44.050) Planning Commission State Shorelines Hearings Board Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC 18.45.115) Planning Commission City Council Public Hearing Design Review Board of Architectural Review City Council (TMC Chapter 18.60, 18.56.040 and Shoreline Master Program) Modifications to Certain Parking Standards (TMC Chapter 18.56.) Planning Commission City Council Conditional Use Permit (TMC Chapter 18.64) Planning Commission City Council Nonconforming -Uses (TMC 18.70.090) Review City Council Unique Signs (TMC 19.28.010) Planning Commission. City Council TMC 19.12) Director Variance (zoning, shoreline, sidewalk, land alteration, sign) Sign Area Increase (TMC 19.32.140) Community Development Director Planning Commission Substitution of Signage Community-Development Director Planning VSItAgreements (Tivte 19.30:061» TYPE OF PERMIT DECISION MAKER Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Resolve uncertain zone district boundary Hearing Examiner D. Type 3 decisions are quasi-judicial decisions made by th9 Examiner following an open record hearing. Type 3 decisions may be appealed only.lo Superior Court, except for shoreline variances which may be appealed to the State Shoreline Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS E. Type 4 decisions are quasi-judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the City Council, which will hold a closed record appeal hearing based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, which are appealable to the State Shoreline Hearings Board pursuant to RCW 90.58. TYPE 4 DECISIONS F. Type 5 decisions are quasi-judicial decisions made by the City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. TYPE 5 DECISIONS TYPE OF PERMIT Subdivision - Preliminary Plat (TMC 17.12.020) Subdivision - Final Plat (TMC 17.12.030) DECISION MAKER City Council City Council Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) City Council Unclassified Use (TMC Chapter 18.66) City Council Rezone (TMC Chapter 18.84) City Council Shoreline Environment Redesignation (Shoreline Master Program) City Council Vt. Section 21. Severability. If any section, sasection, 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 22. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 25th day of November, 2002. ATTEST / AUTHENTICATED : Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Steven M. Mullet, Mayor ai z ~ w • 2 O 0 CO 0 J = CO u_ w 2 ? =w r = z � zo w U w w _ H U LL z w U= o ~ z • Community and Parks Committee October 15, 2002 Present: Joe Duffie, Chair; Joan Hernandez, Pam Carter Jim Morrow, Steve Lancaster, Bruce Fletcher, Rick Still, John McFarland, z Rhonda Berry, Moira Bradshaw, Nora Gierloff, Lucy Lauterbach z t• $?• Q: 1. Administrative Design Review/BAR The Council had recently authorized using the -J p administrative design review in lieu of the more formal BAR review for some smaller projects co ° uJ and remodels of buildings. The Planning Commission did not get any input at their public W hearing on this issue. Because the change affects differently sized buildings in most zones, it was o helpful when Nora demonstrated this with a small chart drawn on a blackboard. The zones and W design review requirements were shown on a chart, and included in proposed zoning code language. Some projects that previously did not require design review if they were smaller than U 10,000 s.f. will now be required to have an administrative design review for buildings under = a 10,000 s.f. . Other projects will find some relief in not having to go to the BAR, but rather will Z m go through the administrative design review process. Appeals of administrative design reviews O will be made to the BAR. The committee asked about regulating some single - family home z design in housing developments, but Steve explained that's a difficult issue which the Planning 2 D Commission considered and then decided against. The committee was satisfied with the staff 8 information, and recommended it to Council. They also recommended Nora's little drawing be o 1- included. Recommend design standard reviews to COW. _ 0 F- H- 2. Fort Dent Park John and Bruce discussed the negotiations that have been going on LL Z between the County and City about King County's turnover of the park to Tukwila. Because the o cn park carries a $400,000 per year maintenance cost, it would have been hard for the city to take o the park with our current economic status. However, a local non - profit company, Starfire Sports, z has proposed using the park to put a first class soccer complex into. The park would include five synthetic grass soccer fields, an improved stadium area, and an indoor soccer facility. The city would maintain the parking lots and the area near the small lake with play areas and picnic tables. There will be areas to play unstructured sports in. The City will get $10,000 use of softball play and $10,000 of soccer use. The City will also help with maintenance and marketing the park. This appears to be a win -win proposition for the County, City, and Starfire. Joe asked what name the park would have, and was told it would stay Fort Dent, but elements within the park will be named Starfire. The park is a Forward Thrust park.. Brief COW on Starfire proposal; return draft agreement to Committee. 3. Equity and Diversity Commission Ordinance Joan said she had been uncomfortable seeing the ordinance at a Regular Meeting without its having been to a COW. The recommended changes in membership are not a perfect solution, but after some discussion, the committee agreed to forward the ordinance back to COW for consideration. The discussed whether they should add positions for students, but decided it has been too difficult to find students who would commit to something like the Commission for any amount of time. The two members who are willing to be appointed now should be able to fill some of the vacant positions. Recommend ordinance to COW. BACKGROUND MEMORANDUM TO: Mayor Mullet Committee of the Whole FROM: Steve Lancaster, DCD Director RE: Proposed Administrative BAR Thresholds DATE: October 21, 2002 During our land use fee research we discovered that the wide range of complexity among design review cases is reflected in other jurisdictions' processes and fees. For example, several jurisdictions have administrative processes with lower fees for smaller projects. Tukwila has had only one process, public hearing before the BAR, and one fee, $900. Under the newly adopted land use fee ordinance the City Council authorized the creation of an administrative design review process for smaller buildings, additions and remodels. Once we have a process in place we will charge $400 for administrative review and $1,400 for public hearing review. What remained to be resolved was where the thresholds for administrative and public hearing design review should be placed. The Planning Commission/Board of Architectural Review held a public hearing on the topic on September 26 and recommended the thresholds listed in Attachment A. The CAP Committee considered the recommendation at its meeting on October 15 and forwarded the issue on to COW unchanged. PUBLIC NOTICE No comments were submitted on the topic and no members of the public attended the Planning Commission hearing. At the suggestion of the Commissioners an article about the proposed design review changes has been submitted for the November edition of the Hazelnut. In order to allow time for the public to read the article the City Council public hearing should be scheduled no earlier than November 18 FINDINGS The thresholds for design review vary from all buildings of any size in a zone to only buildings over 10,000 square feet. This means that in some zones some building types found in Tukwila PROPOSED CHANGES do not trigger design review. For example, fast food restaurants in Tukwila range from 2,200 to 4,900 square feet and gas stations are usually 1,500 to 2,200 square feet (mini marts add about 1000 square feet). This means that in RCM, C /LI and TVS these businesses generally do not have to go through design review. On the other hand even small additions or espresso stands in RCC, NCC and RC are subject to a public hearing process because the threshold is any new square footage. In TIB corridor the MUO, NCC and RC zones require any remodel that exceeds 10% of the building's value to go through design review. This can discourage property owners from building minor expansions or remodeling because of the time and expense involved in a public hearing. The administrative design review process will smooth out the differences between the zone thresholds and allow us to be more evenhanded in our application of the design review criteria. The proposed code changes would create a quicker, cheaper design review process that would be less onerous for additions, minor remodels and smal d� evelopments in zones that require all structures to go through design review. Administrative design review would also be added below the current threshold in those districts that currently have a high threshold so that medium sized projects like fast food restaurants would not fall through the gaps. Remodels with a value between 10% and 25 % of building value would be reviewed administratively, with remodels over that amount subject to the public hearing process. For a diagram of proposed thresholds for the different types of design review see Attachment B. The design criteria used to evaluate the projects would be the same, regardless of whether an administrative or public hearing process was required. In order to implement this change we will need to revise the thresholds for triggering design review in the various districts and add administrative design review to the list of Type 2 Decisions at TMC 18.104.010. For the text of the proposed code amendments see Attachment C. REQUESTED ACTION Review the proposed thresholds and set a date for a public hearing on the issue. Q:\CODEAMND\AdminBARCOW.DOC ioG� w s(7 l Page 2 City of Tukwila NOTICE IS HEREBY GIVEN that the Tukwila City Council will hold a public hearing on Monday, November 25, 2002 beginning at 7 p.m. in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, to consider the following: All interested persons are invited to be present to voice approval, disapproval, or opinions on this issue. For those unable to attend in person, you may submit written testimony to the City Clerk's office until 5 p.m. on Monday, November 25, 2002. The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's Office at (206) 433 -1800 or TDD (206) 248 -2933 by noon on November 25th if we can be of assistance. Dated this NOTICE OF PUBLIC HEARING Proposed Zoning Code amendments which would revise the thresholds for design review in Tukwila's multi - family and commercial zoning districts to create an administrative design review process. Smaller projects would be eligible for a $400 administrative review process rather than the $1,400 public hearing review process that is currently required. Published: Seattle Times, 11-15-02 i day of .--d-e /t) , 2002. _,fram 6' - 6e-- �.c.� e E. Cantu, CMC, City Clerk • Community and Parks Committee October 15, 2002 Present: Joe Duffie, Chair; Joan Hernandez, Pam Carter Jim Morrow, Steve Lancaster, Bruce Fletcher, Rick Still, John McFarland, Rhonda Berry, Moira Bradshaw, Nora Gierloff, Lucy Lauterbach 1. Administrative Design Review/BAR The Council had recently authorized using the administrative design review in lieu of the more formal BAR review for some smaller projects and remodels of buildings. The Planning Commission did not get any input at their public hearing on this issue. Because the change affects differently sized buildings in most zones, it was helpful when Nora demonstrated this with a small chart drawn on a blackboard. The zones and design review requirements were shown on a chart, and included in proposed zoning code language. Some projects that previously did not require design review if they were smaller than 10,000 s.f. will now be required to have an administrative design review for buildings under 10,000 s.f. . Other projects will find some relief in not having to go to the BAR, but rather will go through the administrative design review process. Appeals of administrative design reviews will be made to the BAR. The committee asked about regulating some single - family home design in housing developments, but Steve explained that's a difficult issue which the Planning Commission considered and then decided against. The committee was satisfied with the staff information, and recommended it to Council. They also recommended Nora's little drawing be included. Recommend design standard reviews to COW. 2. Fort Dent Park John and Bruce discussed the negotiations that have been going on between the County and City about King County's turnover of the park to Tukwila. Because the park carries a $400,000 per year maintenance cost, it would have been hard for the city to take the park with our current economic status. However, a local non - profit company, Starfire Sports, has proposed using the park to put a first class soccer complex into. The park would include five synthetic grass soccer fields, an improved stadium area, and an indoor soccer facility. The city would maintain the parking lots and the area near the small lake with play areas and picnic tables. There will be areas to play unstructured sports in. The City will get $10,000 use of softball play and $10,000 of soccer use. The City will also help with maintenance and marketing the park. This appears to be a win -win proposition for the County, City, and Starfire. Joe asked what name the park would have, and was told it would stay Fort Dent, but elements within the park will be named Starfire. The park is a Forward Thrust park.. Brief COW on Starfire proposal; return draft agreement to Committee. 3. Equity and Diversity Commission Ordinance Joan said she had been uncomfortable seeing the ordinance at a Regular Meeting without its having been to a COW. The recommended changes in membership are not a perfect solution, but after some discussion, the committee agreed to forward the ordinance back to COW for consideration. The discussed whether they should add positions for students, but decided it has been too difficult to find students who would commit to something like the Commission for any amount of time. The two members who are willing to be appointed now should be able to fill some of the vacant positions. Recommend ordinance to COW. 4. Sign Code Amortization The State Supreme Court decided not to hear an appeal of Federal Way sign amortization court case . The case held that the City had to compensate anyone who they required to replace a non - conforming sign when that sign was visible from a state or federal highway. Moira pointed out that between Highways 99, 599, 518, 181, and Interstates 5 and 405, most of the city's non - conforming signs were visible from a highway. Therefore, staff recommended and the Committee agreed, to take off the amortization period for replacing non- conforming signs, and to turn toward requiring sign compliance whenever a new business moves into a property or does a major remodel. They can also prohibit new signs while there is a non- conforming sign up, and any master sign permit would require removing old non- conforming signs. Joe asked if these would be legal, and Moira and Steve both replied they would be. The committee supported all of these tactics. Pam asked if whether businesses that moved out of a property had to remove their sign, and was told no, because the City hadn't wanted the buildings to look too vacant. Recommend rescission of requirement to replace non - conforming signs within a certain time and replacing with new tactics to Planning Commission. 5. Disposition of Park and Golf House The green house that has sat near Interurban and the Golf Course parking lot needs to be removed for the work on the clubhouse that will begin in early 2003. Although there was a person who was interested in buying the house last year, that person does not have a legal lot to move the house to, and the City does not have the time nor good prospects that would make bidding it out worth it. John talked about the house being used by the Park and Golf Course staff when the City first took over the Golf Course. He said it was built in the 1940s and has no special features. The committee supported doing the most common- sense thing and demolishing it as part of the clubhouse contract. Recommend demolition; inform Council. Committee Chair approval z ;t- w 6 00 0 U cn w J H U) LL u O Y.2 • O. z � I- O z � o O - C) i- W W �U .. z w = 0 z N g 5 0 co 54 0 C) C) z C) C) 70 C) C) C) C) I Nj 0 01 - 0 000 000 • Review Admin , eview,1 None Review dmin Review dmin Review, eview None c iCoMrr. , Admin. Review; ME; Public Hearing Admin. Review • Comm. Admin., Review; MF C.Public'Flebeihg:‘ 01 Public Hearing Design Review Public Hearing Design Review Public Hearing Design Review Public Hearing Design Review Public Hearing Design Review Commercial AdMin: Review ublic Hearing Design eview CD F and Comm. Public earing Design Review lvIF and Comm. Public 1-learing Design Review v1 F and Comm. Public Hearing Design ta..3.' 3; neview Public ' • -.:,'....'•:',; Review r ' NO Public , Nearrig,RevieW.;‘ . , Review TO: Mayor Mullet Community Affairs and Parks Committee FROM: Steve Lancaster, DCD Director RE: Proposed Administrative BAR Thresholds DATE: October 1, 2002 BACKGROUND PUBLIC NOTICE PROPOSED CODE CHANGES REQUESTED ACTION n , o City of Tukwila Department of Community Development Steve Lancaster, Director MEMORANDUM Under the newly adopted land use fee ordinance the City Council authorized the creation of an administrative design review process for smaller buildings, additions and remodels. What remains to be resolved is where the thresholds for administrative and public hearing design review should be placed. The Planning Commission/Board of Architectural Review held a public hearing on the topic on September 26 and recommended the thresholds listed in Attachment A. Steven M. Mullet, Mayor No comments were submitted on the topic and no members of the public attended the Planning Commission hearing. At the suggestion of the Commissioners an article about the proposed design review changes has been submitted for the November edition of the Hazelnut. In order to allow time for the public to read the article the City Council public hearing should be scheduled no earlier than November 18`". In order to implement the changes we will need to revise the thresholds for triggering design review in the various districts and add administrative design review to the list of Type 2 Decisions at TMC 18.104.010. For the text of the proposed code amendments see Attachment B. Review the proposed thresholds and make a recommendation to the COW. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 NA NA CRA NA MF up to 1500 sf NA All MF >1500 sf, mobile home parks, CRA NA MF up to 1500 sf NA All MF >1500 sf, mobile home parks, CRA NA MF up to 1500 sf, Comm. between 1500 and 5000 sf Buildings over 10,000sf and all on TIB All MF >1500 sf, Comm. >5000 sf Buildings over 10,000 sf and all on TIB Comm. between 1500 and 5000 sf Buildings over 10,000sf Comm. >5000 sf Buildings over 10,000sf Comm. And MF to up 1500 sf Buildings over 10,000sf Comm. And MF > 1500 sf Buildings over 10,000sf Comm. And MF to up 1500 sf Buildings over 10,000sf and all on TIB Comm. And MF > 1500 sf Buildings over 10,000 sf and all on TIB TIB Comm., Hotel /Motel and MF up to 1500sf All on TIB TIB Comm, MF and Hotel/ Motel >1500 sf All on TIB MF up to 1500 sf, Comm. between 1500 and 5000 sf Buildings over 10,000sf All MF >1500 sf, Comm. >5000 sf Buildings over 10,000 sf MF up to 1500 sf, Comm. between 1500 and 2500 sf Buildings over 10,000sf All MF >1500 sf, Comm. >2500 sf Buildings over 10,000 sf Comm. Between 1500 and 10,000 sf; w /in 300ft res. or 200ft shoreline Buildings over 10,000sf Comm >10,000sf Buildings over 10,000 sf MF up to 1500 sf; Comm. Between 1500 and 10,000sf; w /in 300ft res. or 200ft shoreline NA MF> 1500sf, Comm >10,000 sf NA w /in 300ft res. or 200ft shoreline NA NA NA w /in 300ft res. or 200ft shoreline; Buildings over 45ft NA NA NA w /in 300ft res. or 200ft shoreline NA NA NA w /in 300ft res. or 200ft shoreline NA NA NA LDR MDR NOR MUO 0 RCC NCC RC. RCM TUC C /LI TVS LI HI MIC /L MIC /H CRA Commercial Redevelopment Area, see Figure 18 -9 Administrative Design Review Public Hearing Design Review Remodel between 10 and Remodel > 25% of building New Construction /Addition 25% of building value New Construction /Addition value 4=0 413VMYSTOVOMMIAP$CFAIg***0440... Attachment A 2- :�z MDR 18.12.060 Design review. z Design review is required for all multi - family structures; mobile or manufactured home parks; z H a for developments in a Commercial Redevelopment Area that propose the uses and standards ce of an adjacent commercial zone. Multi- family structures up to 1,500 square feet will be reviewed administratively. 0 (See TMC 18.60, Board of Architectural Review.) u) o (Ord. 1865 §11, 1999; Ord. 1758 ,S1(part). 1995) W = J H HDR w o m 18.14.060 Design review. Design review is required for all multi - family structures:, mobile or manufactured home parks; co a and for developments in a Commercial Redevelopment Area that propose the uses and standards = w of an adjacent commercial zone. Multi - family structures up to 1,500 square feet will be reviewed z H administratively. , 0 (See TMC 18.60, Board of Architectural Review.) w ~ (Ord. 1865 §15, 1999; Ord. 1758 ,§ 1(part), 1995) m D 0 O cn o i- w I U. o MUO 18.16.070 Design review. Design review is required for commercial structures 5000 1,500 square feet or larger, and for all structures containing multi - family dwellings and all structures in the Tukwila International Boulevard corridor. Commercial structures between 1,500 and 5,000 square feet, multi - family structures up to 1,500 square feet and all buildings up to 1,500 square feet in the Tukwila International Boulevard corridor will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board ofArchitectural Review chapter of this title.) (Ord. 1758 §'1(paW, 1995.) 0 18.18.070 Design review. Design review is required for commercial structures 5 1.500 sq. ft. or larger. Commercial structures between 1,500 and 5,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) (Ord. 1 §1(part). 1995) RCC 18.20.070 Design review. Proposed Code Language Attachment B Design review is required for all commercial and multi - family structures. Commercial and multi - famil structures u. to 1 500 s uare feet will be reviewed administrativel Desi review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) (Ord. /758 ,y5 I (part). 1995) NCC 18.22.070 Design review. Design review is required for all commercial and for all multi - family structures. Commercial and multi - family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet or in the Tukwila International Boulevard corridor. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 § 1(part), /995) RC 18.24.070 Design review. Design review is required for all hotels and motels and for other commercial structures 5,000 1,500 square feet or larger. Outside of the Tukwila International Boulevard corridor commercial structures between 1,500 and 5,000 square feet and multi - family structures up to 1,500 square feet will be reviewed administratively. Within the Tukwila International Boulevard corridor (see Figure 18 -9), design review is required for all new development as well as certain exterior repairs, reconstructions, alterations or improvements. Commercial and multi - family structures up to 1,500 square feet will be reviewed administratively. Details on design review are found in Chapter 18.60, Board of Architectural Review. (Ord. 1865 §30, 1 999; Ord. 1758 ,¢ l (part), 1995) RCM 18.26.070 Design review. Design review is required for commercial structures 5-,000 1,500 sq. ft. or larger and for all structures containing multi- family dwellings. Commercial structures between 1,500 and 5,000 square feet and multi - family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) (Ord. 1751 § 1(part). 1995) TUC 18.28.070 Design review. Design review is required for all commercial structures larger than 2,508 1,500 square feet, and for all structures containing multi- family development. Commercial structures between 1,500 and 2,500 square feet and multi- family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) 4 (Ord 1758 § l (purl), / 995) C /LI 18.30.070 Design review. Design review is required for new developments within 300 feet of residential districts or within 200 feet of the Green /Duwamish River, or for developments larger than 4$ 1,500 square feet. ? Commercial structures between 1,500 and 10,000 square feet will be reviewed administratively. ce 2 Design review is also required for certain exterior repairs, reconstructions, alterations or 6 U improvements to buildings over 10,000 square feet. U - O (See the Board of Architectural Review chapter of this title.) w (Ord 1758 s�1(part). 1995) (.0 = N - LL . LI w O 18.32.070 Design review. u Administrative Ddesign review is required for new developments within 300 feet of residential co 3 districts or within 200 feet Green /Duwamish River. H (See the Board of Architectural Review chapter of this title.) z t— (o,.1.. 1758 §'1('part), 1995) z � w Lu 0 - . 18.34.070 Design review. w '- Administrative Ddesign review is required for new developments within 300 feet of residential = v developments or within 200 feet of the Green /Duwamish River. Administrative Ddesign review is LL 0 also required for new developments over 45 feet in height. z (See the Board of Architectural Review chapter of this title.) U co (Ord 1793 §1, 1997: Ord 175e8 §§(part), 1995) HI MIC /L 18.36.070 Design review. Administrative Ddesign review is required for new developments within 300 feet of residential districts or within 200 feet of the Green /Duwamish River. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 §1(partl, 1995) MIC /H 18.38.070 Design review. Administrative Ddesign review is required for new developments within 300 feet of residential districts or within 200 feet of the Green/Duwamish River. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 §'!(pang), 1995) TVS 18.40.070 Design review. Design review is required for new development within 300 feet of residential districts; within 200 feet of the Green /Duwamish River; for developments larger than - 1.0000 1,500 sq. ft. and for all multi- family developments. Commercial structures between 1,500 and 10,000 square feet and multi- family structures up to 1,500 square feet will be reviewed administratively. (See the Board of Architectural Review chapter of this title.) (Orel 1758 p(part). 1995) Board of Architectural Review 18.60.010 Purpose and objectives, It is the purpose of this chapter to provide for the review by public officials of land development and building design in order to promote the public health, safety and welfare. Specifically, the Board of Architectural Review ( "BAR ") and DCD Director shall only approve well designed developments that are creative and harmonious with the natural and manmade environments. Throughout this chapter any reference to the Board or BAR shall also include the DCD Director in the case of administrative design review. (Ord. 186.5 ,19, 1999; Ord. /758 §l(part), /995) 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. Projects meeting the thresholds for administrative design review will be reviewed by the DCD Director. All other projects requiring design review approval will be reviewed by the BAR. The Board and the DCD Director shall have the authority to approve, approve with conditions, or deny all plans submitted to it based on a clear demonstration of compliance with all of the guidelines of this chapter. 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 in LDR districts, b. Developments exempted in the various districts, c. Developments in LI, HI, YMIC /L, MIC /H and TVS districts except when within 300 feet of residential districts or within 200 feet of the Green /Duwamish River or that require a shoreline permit; 2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25% the changes will be reviewed administratively); a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, 0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see Figure 18 -9). 3. Development applications using the procedures of 18.60.60, Commercial Redevelopment Area. D. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in 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 co TYPE OF PERMIT INITIALDECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review Community Development Planning Commission (TMC 18.60.030) Director Administrative Planned Residential Development (TMC 17.08.040) Short Plat Committee Hearing Examiner Short Plat (TMC 17.08.060) Short Plat Committee Hearing Examiner Binding Site Improvement Plan (TMC 17.16) Short Plat Committee Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shoreline Hearings Board Decision regarding Sensitive Areas (except Reasonable Use Exception) (TMC 18.45.125) Community Development Director Planning Commission Special Permission Parking, and Modifications to Certain Parking Standards (TMC 18.56.060 and .070) Community Development Director City Council Parking standard for use not Specified (TMC 18.56.100) Community Development Director City Council Code Interpretation (TMC 18.90.010) Community Development Director Hearing Examiner Special Permission Sign, except "unique sign" (various sections of TMC Title 19) Community Development Director Planning Commission Sign Permit Denial (TMC 19.12) Community Development Director Planning Commission Sign Area Increase (TMC 19.32.140) Community Development Director Planning Commission Substitution of Signage under VSR Agreements (TMC 19.30.060) Community Development Director Planning Commission authorized to approve minor, insignificant modifications which have no impact on the project design. (Ord 1865 ,00, 1999; Ord. / § 1(pari), /995) 18.104.010 Classification of project permit applications. C. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Council, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS City of Tukwila Department of Community Development Steve Lancaster, Director STAFF REPORT TO THE PLANNING COMMISSION AND BOARD OF ARCHITECTURAL REVIEW Prepared September 16, 2002 HEARING DATE: September 26, 2002 NOTIFICATION: Notice of Public Hearing published 9/13/2002 FILE NUMBERS: L02 -043 Administrative Design Review Amendment REQUEST: Hold a public hearing and make a recommendation to the City Council about the thresholds for the new administrative design review process. LOCATION: City wide SEPA DETERMINATION: Pending STAFF: Nora Gierloff, Planning Supervisor ATTACHMENTS: A. Proposed Administrative Review Thresholds B. Proposed Zoning Code Language Changes Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 BACKGROUND During our land use fee research we discovered that the wide range of complexity among design review cases is reflected in other jurisdictions' processes and fees. For example, several jurisdictions have administrative processes with lower fees for smaller projects. Tukwila has had only one process, public hearing before the BAR, and one fee, $900. Under the newly adopted fee ordinance we would charge $400 for administrative review and $1,400 for public hearing review. FINDINGS The thresholds for design review vary from all buildings of any size in a zone to only buildings over 10,000 square feet. This means that in some zones some building types found in Tukwila do not trigger design review. For example, fast food restaurants in Tukwila range from 2,200 to 4,900 square feet and gas stations are usually 1,500 to 2,200 square feet (mini marts add about 1000 square feet). This means that in RCM, C /LI and TVS these businesses generally do not have to go through design review. On the other hand even small additions or espresso stands in RCC, NCC and RC are subject to a public hearing process because the threshold is any new square footage. In TIB corridor the MUO, NCC and RC zones require any remodel that exceeds 10% of the building's value to go through design review. This can discourage property owners from building minor expansions or remodeling because of the time and expense involved in a public hearing. The administrative design review process will smooth out the differences between the zone thresholds and allow us to be more evenhanded in our application of the design review criteria. PROPOSED CHANGES The proposed code changes would create a quicker, cheaper design review process that would be less onerous for additions, minor remodels and small developments in zones that require all structures to go through design review. Administrative design review would also be added below the current threshold in those districts that currently have a high threshold so that medium sized projects like fast food restaurants would not fall through the gaps. Remodels with a value between 10% and 25% of building value would be reviewed administratively, with remodels over that amount subject to the public hearing process. For a schedule of proposed thresholds for the different types of design review see Attachment A. The design criteria used to evaluate the projects would be the same, regardless of whether an administrative or public hearing process was required. In order to implement this change we will need to revise the thresholds for triggering design review in the various districts and add Q: \CODEAMND\BARAdminPC. DOC Page 2 administrative design review to the list of Type 2 Decisions at TMC 18.104.010. For the text of the proposed code amendments see Attachment B. REQUESTED ACTION Review the proposed thresholds and make a recommendation to the COW. Q:\CODEAMND\BARAdminPC.DOC Page 3 Z Z . w J U U W = J I- W O :, 2 g _5 D a 2 Z P_ I— 0, Z LLI lit U � CI W w • F- O� u i Z U N. 0 Z NA NA CRA NA MF up to 1500 sf NA All MF >1500 sf, mobile home parks, CRA NA MF up to 1500 sf NA All MF >1500 sf, mobile home parks, CRA NA MF up to 1500 sf, Comm. between 1500 and 5000 sf Buildings over 10,000sf and all on TIB All MF >1500 sf, Comm. >5000 sf Buildings over 10,000 sf and all on TIB Comm. between 1500 and 5000 sf Buildings over 10,000sf Comm. >5000 sf Buildings over 10,000sf Comm. And MF to up 1500 sf Buildings over 10,000sf Comm. And MF > 1500 sf Buildings over 10,000sf Comm. And MF to up 1500 sf Buildings over 10,000sf and all on TIB Comm. And MF > 1500 sf Buildings over 10,000 sf and all on TIB TIB Comm., Hotel /Motel and MF up to 1500sf All on TIB TIB Comm, MF and Hotel/ Motel >1500 sf All on TIB MF up to 1500 sf, Comm. between 1500 and 5000 sf Buildings over 10,000sf All MF >1500 sf, Comm. >5000 sf Buildings over 10,000 sf MF up to 1500 sf, Comm. between 1500 and 2500 sf Buildings over 10,000sf All MF >1500 sf, Comm. >2500 sf Buildings over 10,000 sf Comm. Between 1500 and 10,000 sf; w /in 300ft res. or 200ft shoreline Buildings over 10,000sf Comm >10,000sf Buildings over 10,000 sf MF up to 1500 sf; Comm. Between 1500 and 10,000sf; w /in 300ft res. or 200ft shoreline NA MF> 1500sf, Comm >10,000 sf NA w /in 300ft res. or 200ft shoreline NA NA NA w /in 300ft res. or 200ft shoreline; Buildings over 45ft NA NA NA w /in 300ft res. or 200ft shoreline NA NA NA w /in 300ft res. or 200ft shoreline NA NA NA LDR MDR HDR MUO 0 RCC NCC RC RCM TUC C /LI TVS LI HI MICIL MICIH Administrative Design Review Public Hearing Design Review Remodel between 10 and Remodel > 25% of building New Construction /Addition 25% of building value New Construction /Addition value CRA Commercial Redevelopment Area, see Figure 18 -9 Attachment A MDR Proposed Code Language 18.12.060 Design review. Design review is required for all multi - family structures; mobile or manufactured home parks; and for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Multi - family structures up to 1,500 square feet will be reviewed administratively. (See TMC 18.60, Board of Architectural Review.) (Ord 1865 §11, 1999: Ord. 1758 ,§ (part). 1.9 95) HDR 18.14.060 Design review. Design review is required for all multi - family structures;, mobile or manufactured home parks; and for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Multi - family structures up to 1,500 square feet will be reviewed administratively. (See TMC 18.60, Board of Architectural Review.) (Ord. 1865 §15, 1999; . Ord. 1758 ¢ 1 (part), 1995) MUO 18.16.070 Design review. Design review is required for commercial structures 5,000 1,500 square feet or larger an4 for all structures containing multi - family dwellings and all structures in the Tukwila International Boulevard corridor. Commercial structures between 1,500 and 5,000 square feet, multi - family structures up to 1,500 square feet and all buildings up to 1,500 square feet in the Tukwila International Boulevard corridor will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) (Ord. 1 §'1(p.v , 1995) 0 18.18.070 Design review. Design review is required for commercial structures 5,000 1.500 sq. ft. or larger. Commercial structures between 1,500 and 5,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 §!(part), 1995) RCC 18.20.070 Design review. Attachment B Design review is required for all commercial and multi - family structures. Commercial and multi- family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 § 1(part), 1995) NCC 18.22.070 Design review. Design review is required for all commercial and for all multi - family structures. Commercial and multi - family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet or in the Tukwila International Boulevard corridor. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 § 1(part), 1995) RC 18.24.070 Design review. Design review is required for all hotels and motels and for other commercial structures 5,000 1,500 square feet or larger. Outside of the Tukwila International Boulevard corridor commercial structures between 1,500 and 5,000 square feet and multi- family structures up to 1,500 square feet will be reviewed administratively. Within the Tukwila International Boulevard corridor (see Figure 18 -9), design review is required for all new development as well as certain exterior repairs, reconstructions, alterations or improvements. Commercial and multi - family structures up to 1,500 square feet will be reviewed administratively. Details on design review are found in Chapter 18.60, Board of Architectural Review. (Ord 1865 §30, 1999; Ord. / 758 ,§ 1 (Purl), 1995) RCM 18.26.070 Design review. Design review is required for commercial structures 5,000 1,500 sq. ft. or larger and for all structures containing multi- family dwellings. Commercial structures between 1,500 and 5,000 square feet and multi - family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 § 1(part). 1995) TUC 18.28.070 Design review. Design review is required for all commercial structures larger than 2,590 1,500 square feet, and for all structures containing multi- family development. Commercial structures between 1,500 and 2,500 square feet and multi - family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) (Ord 1758 ,§ /(part), 1995) C /LI 18.30.070 Design review. z Design review is required for new developments within 300 feet of residential districts or within i z 200 feet of the Green /Duwamish River, or for developments larger than -1 -0,000 1,500 square feet. w Commercial structures between 1,500 and 10,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or -J 0 improvements to buildings over 10,000 square feet. 0 (See the Board of Architectural Review chapter of this title.) co w (Ord. 1758 §1(part). 1995) -J H wo LI ga 18.32.070 Design review. Administrative Ddesign review is required for new developments within 300 feet of residential = a districts or within 200 feet Green /Duwamish River. �' z (See the Board of Architectural Review chapter of this title.) z F — (Ord. 1758 §'l (part), 1995) W 0 2 uj . - . O H 18.34.070 Design review. w w Administrative Ddesign review is required for new developments within 300 feet of residential developments or within 200 feet of the Green /Duwamish River. Administrative Ddesign review is Li- 0 also required for new developments over 45 feet in height. iL Z (See the Board of Architectural Review chapter of this title.) 0 (Ord 1793 §1, 1997; Ord. 1 ¢ /(part), 1995) 0 F- Z HI MIC /L 18.36.070 Design review. Administrative Ddesign review is required for new developments within 300 feet of residential districts or within 200 feet of the Green /Duwamish River. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 , §1(part), 1995) MIC /H 18.38.070 Design review. Administrative Ddesign review is required for new developments within 300 feet of residential districts or within 200 feet of the Green /Duwamish River. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 `.'1(pw (), 1995) TVS 18.40.070 Design review. Design review is required for new development within 300 feet of residential districts; within 200 feet of the Green /Duwamish River; for developments larger than - 1.0,080 1,500 sq. ft. and for all multi - family developments. Commercial structures between 1,500 and 10,000 square feet and multi- family structures up to 1,500 square feet will be reviewed administratively. (See the Board of Architectural Review chapter of this title.) (Ord. 1758 !S'I (pare), 1995) Board of Architectural Review 18.60.010 Purpose and objectives. It is the purpose of this chapter to provide for the review by public officials of land development and building design in order to promote the public health, safety and welfare. Specifically, the Board of Architectural Review ( "BAR ") and DCD Director shall only approve well designed developments that are creative and harmonious with the natural and manmade environments. Throughout this chapter any reference to the Board or BAR shall also include the DCD Director in the case of administrative design review. (Ord. 1865 §419, 1999; Ord 1758,§1(part), 1 95) 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. Projects meeting the thresholds for administrative design review will be reviewed by the DCD Director. All other projects requiring design review approval will be reviewed by the BAR. The Board and the DCD Director shall have the authority to approve, approve with conditions, or deny all plans submitted to it based on a clear demonstration of compliance with all of the guidelines of this chapter. 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 in LDR districts, b. Developments exempted in the various districts, c. Developments in LI, HI, MIC /L, MIC /H and TVS districts except when within 300 feet of residential districts or within 200 feet of the Green / Duwamish River or that require a shoreline permit; 2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25% the changes will be reviewed administratively); a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, 0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see Figure 18 -9). 3. Development applications using the procedures of 18.60.60, Commercial Redevelopment Area. D. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in 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 TYPE OF PERMIT INITIALDECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review Community Development Planning Commission (TMC 18.60.030) Director Administrative Planned Residential Development (TMC 17.08.040) Short Plat Committee Hearing Examiner Short Plat (TMC 17.08.060) Short Plat Committee Hearing Examiner Binding Site Improvement Plan (TMC 17.16) Short Plat Committee Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shoreline Hearings Board Decision regarding Sensitive Areas (except Reasonable Use Exception) (TMC 18.45.125) Community Development Director Planning Commission Special Permission Parking, and Modifications to Certain Parking Standards (TMC 18.56.060 and .070) Community Development Director City Council Parking standard for use not Specified (TMC 18.56.100) Community Development Director City Council Code Interpretation (TMC 18.90.010) Community Development Director Hearing Examiner Special Permission Sign, except "unique sign" (various sections of TMC Title 19) Community Development Director Planning Commission Sign Permit Denial (TMC 19.12) Community Development Director Planning Commission Sign Area Increase (TMC 19.32.140) Community Development Director Planning Commission Substitution of Signage under VSR Agreements (TMC 19.30.060) Community Development Director Planning Commission authorized to approve minor, insignificant modifications which have no impact on the project design. (Ord. 1865 §50. 1999; Ord. 1758 §1(part), 1995) 18.104.010 Classification of project permit applications. C. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Council, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS z _I- 6 U0 co 0 co w Ili = H al j . • a = w z � I-0 Z I- w jjj o O • D- o ff w • w u'O ..z. w • = O ~ TO: Mayor Mullet Community Affairs and Parks Committee FROM: Steve Lancaster, DCD Director RE: Proposed Administrative Design Review Process DATE: August 27, 2002 BACKGROUND MEMORANDUM During our land use fee research we discovered that the wide range of complexity among design review cases is reflected in other jurisdictions' processes and fees. For example, several jurisdictions have administrative processes with lower fees for smaller projects. Tukwila has had only one process, public hearing before the BAR, and one fee, $900. Under the newly adopted fee ordinance we would charge $400 for administrative review and $1,400 for public hearing review. FINDINGS The thresholds for design review vary from all buildings of any size in a zone to only buildings over 10,000 square feet. This means that in some zones some building types found in Tukwila do not trigger design review. For example, fast food restaurants in Tukwila range from 2,200 to 4,900 square feet and gas stations are usually 1,500 to 2,200 square feet (mini marts add about 1000 square feet). This means that in RCM, C/LI and TVS these businesses generally do not have to go through design review. On the other hand even small additions or espresso stands in RCC, NCC and RC are subject to a public hearing process because the threshold is any new square footage. This can discourage property owners from building minor expansions or remodeling because of the time and expense involved in a public hearing. Adding an administrative design review process would smooth out the differences between the zone thresholds and allow us to be more evenhanded in our application of the design review criteria. RECOMMENDATION We are recommending code changes to create a quicker, cheaper design review process that would be less onerous for additions and small developments in zones that require all structures to go through design review. We would also add administrative design review below the current threshold in those districts that currently have a high threshold so that medium sized projects like fast food restaurants would not fall through the gaps. For a schedule of proposed thresholds for the different types of design review see Attachment A. The design criteria used to evaluate the projects would be the same, regardless of whether an administrative or public hearing process was required. In order to implement this change we will need to revise the thresholds for triggering design review in the various districts and add administrative design review to the list of Type 2 Decisions at TMC 18.104.010. REQUESTED ACTION Review the proposal and forward it to the Planning Commission for a recommendation. j� N:.5v aGCC-- ,� C_4 P 7 1.. ;6J+?7,W:iki - Uat . , c •a a;:'n• ...��cea� _ . ,r; r.• c u�.+.c:f+t; ' M L • • zriS' .r ;•_:.. Land Use Fee Schedule 9 /3 /02.doc o f T Washington Resolution No. Land Use Fee Schedule 14q a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUIKWILA, WASHINGTON, ADOPTING A LAND USE FEE SCHEDULE. WFIEREAS, Tukwila's land use fees have remained largely unchanged since 1995; and WHEREAS, Tukwila's fees are significantly lower than the average of neighboring jurisdictions; and WHEREAS, the City needs to recoup a greater percentage of the cost of processing land use permits; and WHEREAS, adopting the fees in a separate document will allow them to be more easily updated in the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUITILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Land use fees will be charged according to the following schedule: 0 10 Permit Fees LDR All other Zones Appeal of Administrative Decision $50 $100 Appeal of Sign Code Decision NA $500 Binding Site Plan NA $1,000 Boundary Line Adjustment $250 $450 Comp Plan Amendment $1,000 $1,000 Conditional Use Permit $2,000 $2,000 Design Review $1,400 $1,400 Administrative Design Review $400 $400 Lot Consolidation $75 $150 Planned Residential Development $2,500 + $100 /new unit $2,500 + $100 /new unit Administrative PRD $500 NA Rezone / Zoning Code Amendment $1,500 $1,500 SEPA $500 $500 SEPA Planned Action NA $250 SEPA EIS Administrative Fee $1,000 $1,000 Shoreline Permit $2,000 $2,000 Short Plat (2 -4 lots) $500 $1,000 Short Plat (5 -9 lots) $1,000 $1,000 Land Use Fee Schedule 9 /3 /02.doc o f T Washington Resolution No. Land Use Fee Schedule 14q a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUIKWILA, WASHINGTON, ADOPTING A LAND USE FEE SCHEDULE. WFIEREAS, Tukwila's land use fees have remained largely unchanged since 1995; and WHEREAS, Tukwila's fees are significantly lower than the average of neighboring jurisdictions; and WHEREAS, the City needs to recoup a greater percentage of the cost of processing land use permits; and WHEREAS, adopting the fees in a separate document will allow them to be more easily updated in the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUITILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Land use fees will be charged according to the following schedule: 0 10 Land Use Fee Schedule (Continued) ' Preapplication fee credited toward applications submitted within 90 days. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 0 day of e. , 2002. ATTEST/ AUTHENTICATED: 1 liuil . 1*(1 <aa, t th Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney Land Use Fee Schedi+!e 9 /3 /02.doc Filed with the City Clerk: ' 0; - 02.) Passed by the City Council: _ cc, rn Effective Date: J cL C te .'y' Resolution Number: I C / 5 Richard Simpson, Council President ti :�••Y.� � � �S�.SaaLa Permit Fees LDR All other Zones Permanent Sign Permit NA $100 Temporary Sign Permit NA $50 Preapplication Meeting $200 $200' Preliminary Subdivision (10+ lots) $3,000 + $100 /new unit $3,000 + $100 /new unit Final Subdivision (10+ lots) $1,000 + $50 /new unit $1,000 + $50 /new unit Special Permission $200 $300 Unclassified Use Permit $2,000 $2,000 Variance $600 $1,200 Zoning Letter $0 $100 Land Use Fee Schedule (Continued) ' Preapplication fee credited toward applications submitted within 90 days. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 0 day of e. , 2002. ATTEST/ AUTHENTICATED: 1 liuil . 1*(1 <aa, t th Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney Land Use Fee Schedi+!e 9 /3 /02.doc Filed with the City Clerk: ' 0; - 02.) Passed by the City Council: _ cc, rn Effective Date: J cL C te .'y' Resolution Number: I C / 5 Richard Simpson, Council President ti :�••Y.� � � �S�.SaaLa