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HomeMy WebLinkAboutCAP 2016-02-22 Item 2D - Discussion - Proposed Amendments to Zoning and SEPA Housing CodesCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Ekberg Community Affairs and Parks Committee FROM: Jack Pace Director Community Development BY: Minnie Dhaliwal, Planning Supervisor DATE: February 16, 2016 SUBJECT: Proposed Zoning, Subdivision, SEPA and Sign Code Housekeeping Code Amendments ISSUE Should the Zoning, Subdivision, State Environmental Policy Act (SEPA) regulations, and Sign Code be amended to address housekeeping items? BACKGROUND Staff has grouped amendments to the Zoning, Subdivision, SEPA and Sign Code together for your consideration. The process for these code amendments includes a briefing to the Community Affairs and Parks (CAP) Committee who would then forward the proposed amendments to the Planning Commission to review in detail. Staff would then bring the Planning Commission's recommendations back to the Community Affairs and Parks Committee. After the Committee review it will be scheduled for a public hearing at the Committee of the Whole meeting. Included in this memo is a list of the proposed amendments with a brief explanation. DISCUSSION OF PROPOSED CHANGES A. Proposed Title 18 Zoning Code Changes The housekeeping code amendments adopted in 2009 addressed the recommendations by Washington Cities Insurance Authority (WCIA) to use a hearing examiner to the maximum extent allowed by law for quasi - judicial land use decisions. As a result of WCIA's recommendation the land use decision tables listed under TMC 18.104 were amended. However the procedures section of the code still references the old process and in places is inconsistent with the amended procedures listed under TMC 18.104. The proposed amendments at this time would make the different sections of the Zoning Code consistent with the procedures listed under TMC 18.104. The sections of the code that are proposed to be updated include: 19 INFORMATIONAL MEMO Page 2 a. TMC18.70.040 (Non- conforming uses); b. 18.56.040 (parking deviations are reviewed by the hearing examiner instead of the Board of Architectural Review)); c. 18.100.050 (Preliminary Plats are reviewed by the hearing examiner /Board of Architectural Review instead of City Council); d. 18.64 (Conditional Use permits are reviewed by the hearing examiner instead of the Planning Commission). 2. Add Assisted Living Facility definition and list as a permitted /conditional use where senior housing and /or convalescent center use is allowed. 3. Incorporate code interpretations in Tukwila Municipal Code: Alternate Fuel Stations are treated similar to other automotive services; Arena is a permitted use in TUC -TOD; Brewery /Taproom permitted in TUC -WP; Townhouse not limited to four - plexes in HDR. 4. Amend the zoning code variance criteria to include a criteria stating that a variance is not needed due to self- created undue hardship by the applicant. This is a standard criteria found in other municipal codes but is only listed under the purpose section of the Tukwila Municipal Code and not as a separate criteria. 5. With the adoption of the new Tukwila Urban Center Zoning existing buildings that are taller than 45 feet are considered non - conforming. This results in some unintended consequences for the owners for insurance purposes. Amend the code to address the status of pre- existing buildings that are taller than 45 feet. 6. Clarify that single family dwelling design standards such as minimum roof pitch of 5:12 apply to accessory structures that require a building permit. 7. Housing Options Program that included regulations for cottage and compact single family development expired in 2008. The proposed ordinance would delete Chapter 18.120 from the Tukwila Municipal Code. B. Proposed Title 17 Subdivision and Plat Changes 1. State Law was amended to allow seven years for a preliminary subdivision to get final approval. However Tukwila Municipal Code states five years. Amend Tukwila Municipal Code to make it consistent with the State Law. C. Proposed Title 21 SEPA Changes 1. Update some references to be consistent with the updated State Law provisions related to SEPA rules. The Department of Ecology has updated SEPA rules resulting in some incorrect references in Tukwila Municipal Code. The sections that are proposed to be updated include TMC 21.04.110 and 21.04.152. 2. Update the list of plans listed under TMC 21.04.270. The list references old plans such as 1995 Comprehensive Plan; Parks and Open Space Plan adopted by Ordinance 1315 etc. 3. Revise the SEPA ordinance to track development proposals in the Tukwila Urban Center. A Supplemental EIS (SEIS) prepared in 2014 focused on potential impacts associated with increased intensity of development proposed for Tukwila's Urban Center, as established in the Southcenter Subarea Plan. Future project- specific development proposals that are consistent with the Southcenter Subarea Plan, new Tukwila Urban Center (TUC) development regulations, and the SEIS do not 20 INFORMATIONAL MEMO Page 3 require individual SEPA review and cannot be challenged administratively or judicially pursuant to SEPA. This provides certainty and predictability for urban development proposals by streamlining the environmental review process within the subarea and encouraging the goals of SEPA and the State's Growth Management Act. The City's SEPA ordinance must be revised to include a process for tracking projects that meet the criteria and are exempt from SEPA. D. Proposed Title 19 Sign Code Changes 1. Review if any changes are necessary in light of Supreme Court's ruling on Reed v. Town of Gilbert where the court ruled that content based regulations such as different regulations for political signs are unconstitutional. 2. Update TMC 19.20.050 to clarify that the allowable area for incentive signage is 50% of the maximum allowed. 3. Add language to provide the Director flexibility to provide permit extensions longer than 30 days. 4. Review whether shopping complexes that have gone through design review and have made improvements to the fapade should be allowed one additional building mounted sign for the complex other than tenant signs. FINANCIAL IMPACT n /a. RECOMMENDATION The Council is being asked to forward this item for the Planning Commission review and recommendation. After the Planning Commission review staff will come back to the Community Affairs and Parks Committee on April 25. At that time the Committee will decide if the item is ready for a public hearing by the Committee of the Whole on May 9t" and final decision on May 16tH 21