HomeMy WebLinkAboutReg 2011-06-20 Item 7C.2 - Ordinance - Amend Ordinances as Codified in TMC Chapters 18.36 and 18.38 Regarding MIC CO UNcm A GENDA SYNOPSIS
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06/13/11 I RF I •l��
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ITEM INFORMATION
(CAS NUMBER: 11-057 STAFF SPONSOR: REBECCA FOX /NORA GIERLOFFIORIGIN v..AGENDA DATE: 6/13/11
AGrsND\ I'rI:,M Trrl✓E Comprehensive Plan Update Manufacturing Industrial Center (MIC)
CA rl ?GORY Discussion Motion Resolution Ordinance BidAward Public Hearing Other
Mtg Date 6113111 Mtg Date Mt
g Date Mtg Date 6120111 Nltg Date Mtg Date 6113111 Aftg Date
SPONSOR Council Mayor HR DCD [:]Finance Fire IT P &R Police PW
SPONSOR'S Policies and uses for the Manufacturing Industrial Center are being considered as part of
SUAINL \RY the regular review /update of the Comprehensive Plan that the State of Washington
Growth Management Act requires. The recommended revisions affirm that the MIC should
continue to be primarily for industrial activity, and make certain changes to emphasize
that status. The Council was briefed on MIC background information, update process and
public outreach in October, 2010 and February, 2011.
Rli\ V/ I-) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/23/11 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COmn-iri i'Er: Forward to Committee of the Whole for public hearing
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
I 06/13/11 I Forward to next Rea_ular Meeting
I I
MTG. DATE I ATTACHMENTS
06/13/11 I Informational Memorandum dated 5/18/11, with attachments
I I Comprehensive Plan Ordinance in Draft Form
Zoning Ordinance in Draft Form
Minutes from the Community Affairs and Parks Committee meeting of 5/23/11
06 20 11 (Ordinances in f inal form
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kilty of T k:wila
Washington
Ordinance Noe
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS
CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 18.36 AND
18.38 TO MODIFY PERMITTED USES IN THE MANUFACTURING
INDUSTRIAL CENTER; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 1995 the City of Tukwila adopted the Zoning Code and Map based
on consideration of existing conditions and long -term community goals; and
WHEREAS, RCW 36.70A.130 requires the City of Tukwila to review and, if needed,
revise its Comprehensive Plan and development regulations on or before December 1,
2014; and
WHEREAS, as part of its required Comprehensive Plan update process, the City of
Tukwila has reviewed development regulations pertaining to Manufacturing Industrial
Center (MIC) Element, as well as the area's geographic extent to ensure it will
"maximize the employment and economic benefits to the people of Tukwila and the
region, while minimizing the impacts on residential neighborhoods and
WHEREAS, Tukwila's MIC is one of four designated by King County's Countywide
Planning Policies; and
WHEREAS, the MIC zoning is intended to foster and encourage manufacturing and
industrial uses, and limit non industrial uses unless they support industrial activity and
employees; and
WHEREAS, the Department of Community Development prepared and circulated a
"Background Report" and an "Issues and Opportunities Report," including a review of
pertinent regional and Tukwila policies and consideration of development regulations,
especially concerning permitted uses in the MIC, and evaluation of MIC boundaries with
analysis and recommendations; and
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WHEREAS, the City of Tukwila has engaged and informed stakeholders in and
adjacent to the MIC area of the review process and materials through mailings, surveys,
interviews, web site postings and print articles to elicit information, concerns and
comments; and
WHEREAS, on April 14, 2011, a public workshop and open house was held to
receive input on recommended changes to the Manufacturing Industrial Center Element
of the Comprehensive Land Use Plan and corresponding development regulations as
described in the "Issues and Opportunities Report;" and
WHEREAS, on April 28, 2011, the City of Tukwila Planning Commission held a
public hearing and, after receiving and studying staff analysis and comments from the
public, has recommended approval of changes to the Comprehensive Land Use Plan,
and zoning as stated in the "Issues and Opportunities Report;" and
WHEREAS, the City of Tukwila has complied with the requirements of the State
Environmental Policy Act; and
WHEREAS, on April 28, 2011, Zoning Code amendments were determined to have
no significant environmental impact; and
WHEREAS, notices of public hearings were published in The Seattle Times and
mailed to surrounding properties; and
WHEREAS, on June 13, 2011, the City Council held a public hearing and, after due
consideration of the testimony, the Council believes an amendment to the City's Zoning
Code is necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Recommendations Adopted. The City Council hereby adopts
recommendations for the text changes of the Tukwila Planning Commission.
Section 2. Tukwila Municipal Code (TMC) Section 18.36.020, "Permitted
Uses," Amended. Ordinance Nos. 2287 §27, 2251 §50, 2235 §6 (part), 2021 §8, 1986
§13, 1974 §9, 1954 §2, 1814 §2, 1774 §3, and 1758 §1 (part), as codified at TMC
Section 18.36.020, are hereby amended to read as follows:
18.36.020 Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial Center/
Light Industrial District, subject to compliance with all other applicable requirements of
the Tukwila Municipal Code.
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1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such
uses, areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC,
RCM or TUC zone districts or any other residentially -zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to
elementary, junior or senior high schools, or any facility owned or operated by such
schools, and
(b) Care centers, preschools, nursery schools or other child care
facilities;
(3) In or within 1,000 feet of:
(a) public library;
(b) public park, trail, or public recreational facility; or
(c) religious facility.
b. The distances specified in TMC Section 18.36.020.1.a. shall be
measured by following a straight line from the nearest point of the property parcel upon
which the proposed use is to be located to the nearest point of the parcel of property or
land use district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in
this section shall be measured by following a straight line between the nearest points of
public entry into each establishment.
2. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
3. Bicycle repair shops.
4. Brew pubs.
5. Bus stations.
6. Commercial laundries.
7. Contractor storage yards_
8. Day care centers.
9. Heavy equipment repair and salvage.
10. Industries involved with etching, film processing, lithography, printing, and
publishing.
11. Internet data /telecommunication centers.
12. Laundries:
a. self serve;
b. dry cleaning;
c. tailor, dyeing.
13. Libraries, museums or art galleries (public).
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14. Manufacturing and industrial uses that have little potential for creating off
site noise, smoke, dust, vibration or other external environmental impacts or pollution,
including but not limited to manufacturing, processing, assembling, packaging and /or
repairing of:
a. Electrical or mechanical equipment, vehicles and machines including,
but not limited to, heavy and light machinery, tools, airplanes, boats or other
transportation vehicles and equipment;
b. Previously prepared metals including, but not limited to, stamping,
dyeing, shearing or punching of metal, engraving, galvanizing and hand forging;
c. Food, including but not limited to, baked goods, beverages (including
fermenting and distilling), candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (provided that no slaughtering is
permitted);
d. Pharmaceuticals and related products, such as cosmetics and drugs;
e. Previously prepared materials including, but not limited to, bags,
brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile, and wood; and
f. Electronic, mechanical or precision instruments such as medical and
dental equipment, photographic goods, measurement and control devices, and
recording equipment;
15. Offices including, but not limited to, software development and similar uses,
financial services, schools for professional and vocational education if associated with
an established aviation, manufacturing or industrial use, less than 20,000 square feet.
This category does not include outpatient medical and dental clinics.
16. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
17. Railroad tracks, (including lead, spur, loading or storage).
18. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
19. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
20. Restaurants, including:
a. drive through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
21. Sales and rental of heavy ,machinery and equipment subiect to landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title.
22. Salvage and wrecking operations that are entirely enclosed within a
building.
23. Self- storage facilities.
24. Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required.
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25. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter, and screened pursuant to the
Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this
title.
26. Taverns.
27. Telephone exchanges.
28. Tow truck operations, subject to all additional State and local regulations.
29. Truck terminals.
30. Warehouse storage and /or wholesale distribution facilities.
31. Other uses not specifically listed in this title, which the Director determines
to be:
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b. consistent with the stated purpose of this district, and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 3. TI'VIC Section 18.36.030, "Accessory Uses," Amended. Ordinances
Rios. 2251 §51, 1976 §56, and 1758 §1 (part), as codified at TMC Section 18.36.030,
are hereby amended to read as follows:
18.36.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental
to such permitted use, are allowed within the Manufacturing Industrial Center /Light
Industrial District, as follows:
1. Parking areas.
2. Recreational area and facilities for employees.
3. Residences for security or maintenance personnel.
4. Other uses not specifically listed in this title, which the Director determines
to be:
a. uses customarily accessory to other uses permitted outright within this
district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 4. TRIC Section 18.36.040, "Conditional Uses," Amended. Ordinance
Rios. 2135 §16, 1954 §3, 1865 §42, and 1758 §1 (part), as codified at TMC Section
18.36.040, are hereby amended to read as follows:
18.36.040 Conditional Uses
The following uses may be allowed within the Manufacturing Industrial Center /Light
Industrial District, subject to the requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title.
1. Colleges and universities with primarily vocational curriculum if associated
with an established aviation, manufacturing or industrial use.
2. Electrical substations distribution.
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3. Fire and police stations.
4. Hotels.
5. Manufacturing and industrial uses that have moderate to substantial
potential for creating off -site noise, smoke, dust, vibration or other external
environmental impacts, including, but not limited to:
a. Heavy metal processes such as smelting, blast furnaces, drop forging,
or drop hammering;
b. Manufacturing, processing, assembly o
(1) Chemicals, light metals, plastics, solvents, soaps, wood, coal,
glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no
rendering or slaughtering); and
(2) Previously manufactured metals, such as iron and steel
fabrication, steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
6. Motels.
7. Offices including, but not limited to, software development and similar uses,
financial services, schools for professional and vocational education if associated with
an established aviation, manufacturing or industrial use, 20,000 square feet and over.
8. Park and -ride lots.
9. Radio, television, microwave, or observation stations and towers.
10. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
11. Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment,
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail
services such as beauty and barber shops, outpatient and emergency medical /dental
services, and recreation /health clubs. Retail sales and services are limited to uses of a
type and size that clearly intend to serve other permitted uses and /or the employees of
those uses.
12. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
Section 5. TMC Section 18.36.070, "Design Review," Amended. Ordinance
Nos. 2005 §13 and 1758 §1 (part), as codified.at TMC Section 18.36.070, are hereby
amended to read as follows:
18.36.070 Design Review
Administrative design review is required for all new office development and other new
developments within 300 feet of residential districts or within 200 feet of the
Green /Duwamish River.
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Section 6. TMC Section 18.38.020, "Permitted Uses," Amended. Ordinance
Nos. 2287 §28, 2251 §52, 2235 §7, 2021 §9, 1986 §14, 1974 §10, 1971 §16, 1814 §2,
1774 §4, and 1758 §1 (part), as codified at TMC Section 18.38.020, are hereby
amended to read as follows:
18.38.020 Permitted Uses
The following uses are permitted outright within the Manufacturing Industrial
Center /Heavy Industrial District, subject to compliance with all other applicable
requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following
location restrictions:
a. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or zones, whether such
uses, areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, O, NCC, RC,
RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to
elementary, junior or senior high schools, or any facility owned or operated by such
schools, and
(b) Care centers, preschools, nursery schools or other child care
facilities;
(3) In or within 1,000 feet of:
(a) public library;
(b) public park, trail, or public recreational facility; or
(c) religious facility.
b. The distances specified in TMC Section 18.38.020.1.a. shall be
measured by following a straight line from the nearest point of the property parcel upon
which the proposed use is to be located to the nearest point of the parcel of property or
land use district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within
1,000 feet of an existing adult entertainment establishment. The distance specified in
this section shall be measured by following a straight line between the nearest points of
public entity Into each establishment.
2. Automotive, services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
3. Bicycle repair shops.
4. Brew pubs.
5. Bus stations.
6. Computer software development and similar uses.
7. Contractor storage yards.
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S. Day care centers.
9. Heavy equipment repair and salvage.
10. Industries involved with etching, film processing, lithography, printing, and
publishing.
11. Internet data /telecommunication centers.
12 Laundries:
a. self- serve;
b. dry cleaning,
c. tailor, dyeing.
13. Libraries, museums or art galleries (public).
14. Manufacturing and industrial uses that have moderate to substantial
potential for creating off -site noise, smoke, dust, vibration or other external
environmental impacts, including, but not limited to
a. Heavy metal processes such as smelting, blast furnaces, drop forging
or drop hammering;
b. Manufacturing, processing, assembly, packaging and repair of
(1) Chemicals, light metals, plastics, solvents, soaps, wood, coal,
glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no
rendering or slaughtering); and
(2) Previously manufactured metals, such as iron and steel
fabrication; steel production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses.
15. Manufacturing and industrial uses that have little potential for creating off
site noise, smoke, dust, vibration or other external environmental impacts or pollution,
including but not limited to, manufacturing, processing, assembling, packaging and /or
repairing of
a. Previously prepared metals including, but not limited to, stamping,
dyeing, shearing or punching of metal, engraving, galvanizing and hand- forging.
b. Electrical or mechanical equipment, vehicles and machines including,
but not limited to, heavy and light machinery, tools, airplanes, boats or other
transportation vehicles and equipment.
c. Food, including but not limited to, baked goods, beverages (including
fermenting and distilling), candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods and meats (provided that no slaughtering is
permitted).
d. Pharmaceuticals and related products, such as cosmetics and drugs.
e. Previously prepared materials including, but not limited to, bags,
brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics,
rubber, tile, and wood.
f. Electronic, mechanical or precision instruments such as medical and
dental equipment, photographic goods, measurement and control devices, and
recording equipment.
16. Offices; must be associated with another permitted uses (e.g.,
administrative offices for a manufacturing company present within the MIC)_
17. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
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18. Railroad tracks (including lead, spur, loading or storage).
19. Recreation facilities (commercial indoor), athletic or health clubs.
20. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
21. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
22. Restaurants, including:
a. drive through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
23. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick
manufacture, marble work, and the assembly of products from the above materials.
24. Sales and rental of heavy machinery and equipment subject to landscaping
requirements of the Landscape, Recreation, Recycling /Solid Waste Space Require-
ments chapter of this title.
25. Salvage and wrecking operations.
26. Schools for professional and vocational education if associated with an
established aviation, manufacturing or industrial use.
27. Self- storage facilities.
28. Storage (outdoor) of materials is permitted up to a height of 20 feet with a
front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100
feet; security required.
29. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter, and screened pursuant to the
Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this
title.
30. Taverns.
31. Telephone exchanges.
32. Tow truck operations, subject to all additional State and local regulations.
33. Truck terminals.
34. Warehouse storage and /or wholesale distribution facilities.
35. Other uses not specifically listed in this title, pursuant to TMC Section
18.104.010(2), which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright
within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 7. TI IC Section 18.38.030, "Accessory Uses," Amended. Ordinance
Nos. 2251 §53, 1976 §57, and 1758 §1 (part), as codified at TMC Section 18.38.030,
are hereby amended to read as follows:
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18 1 .38.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted use, and clearly incidental
to such permitted use, are allowed within the Manufacturing Industrial Center /Heavy
Industrial District, as follows
1 Parking areas.
2. Recreational area and facilities for employees.
3. Residences for security or maintenance personnel.
4. Other uses not specifically listed in this title, which the Director determines
to be:
a. uses that are customarily accessory to other uses permitted outright
within this district; and
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 8. TMC Section 18.38.040, "Conditional Uses," Amended. Ordinance
Nos. 2287 §29, 2135 §17, 2028 §2, 1865 §44, and 1758 §1 (part), as codified at TMC
Section 18.38.040, are hereby amended to read as follows:
18.38.040 Conditional Uses
The following uses may be allowed within the Manufacturing Industrial Center /Heavy
Industrial District, subject to the requirements, procedures, and conditions established
by the Conditional Use Permits chapter of this title.
1. Colleges and universities with primarily vocational curriculum if associated
with an established aviation, manufacturing or industrial use.
2. Electrical substations distribution.
3. Fire and police stations.
4. Hazardous waste treatment and storage facilities (off -site) subject to
compliance with State siting criteria (RCW 70.105; see TMC Chapter 21.08).
5. Hotels
6. Motels
7. Offices not associated with other permitted uses and excluding
medical /dental clinics, subject to the following location and size restrictions:
a. New Office Developments:
(1) New office developments shall not exceed 100,000 square feet of
gross floor area per lot that was legally established prior to 09/20/2003.
(2) No new offices shall be allowed on lots that abut the Duwamish
River and are north of the turning basin. The parcels that are ineligible for stand -alone
office uses are shown in Figure 18 -12.
b. An existing office development established prior to 12/11/1995 (the
effective date of the Comprehensive Plan) that exceeds the maximum size limitations
may be recognized as a conforming Conditional Use under the provisions of this code.
An existing office development established prior to 12/11/1995 (the effective date of the
Comprehensive Plan) may convert to a stand -alone office use subject to the provisions
of this code.
8. Park and -ride lots.
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9. Radio, television, microwave, or observation stations and towers.
10. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
11. Retail sales of health and beauty aids, prescription drugs, food, hardware,
notions, crafts and craft supplies, housewares, consumer electronics, photo equipment,
and film processing, books, magazines, stationery, clothing, shoes, flowers, plants,
pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail
services such as beauty and barber shops, financial services, outpatient and
emergency medical /dental services, and recreation /health clubs. Retail sales and
services are limited to uses of a type and size that clearly intend to serve other
permitted uses and /or the employees of those uses.
Section 9. TMC Section 18.38.070, "Design Review," Amended. Ordinance
Nos. 2005 §14 and 1758 §1 (part), as codified at TMC Section 18.38.070, are hereby
amended to read as follows:
18.38.070 Design Review
Administrative design review is required for all new office development and other
developments within 300 feet of residential districts or within 200 feet of the
Green /Duwamish River.
Section 10. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 11. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTH ENTICATED:
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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