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HomeMy WebLinkAboutCOW 2016-11-28 Item 4A - Ordinances - Code Changes: Trash and Waste Receptacles, Permit Application Requirements / Seasonal Limitation Period, and Surface Water Drainage Design and ReviewCOUNCIL AGENDA SYNOPSIS Initials it4eetingDate Prepared by BG fir Mayor's review %e C nth/ review 11/28/16 12/05/16 BG ` I. ❑ Resolution hltg Date 2 Ordinance ❑ Bid Award Mtg Date Z Public Hearing A1tg Date 11/28/16 ❑ Other Altg Date Aitg Date A1tg Date 12/05/16 SPONSOR ❑ Council ❑ Mgor ■ HR 0 DCD ❑ Finance ❑ Fire ❑ TS IN P&R ❑ Police 2 PTV SPONSOR'S Per our National Pollutant Discharge Elimination System Permit, the City is required to SuM:tiL RY adopt Low Impact Development (LID) Principles and LID Best Management Practices. In addition, the City is required to adopt the State Department of Ecology's Stormwater Manual or equivalent. TMC Titles 14, 16, 8.25 & 18 will need to be amended by Ordinance to meet these requirements. Title 14 will adopt the 2016 King County Surface Water Design Manual and the 2016 King County Stormwater Pollution Prevention Manual. REVIEWED BY ITEM INFORMATION ITEM NQ. 3.A. & 4.A. 1 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/28/16 AGENDA ITEM TITLE NPDES Surface Water Permit Requirements for LID Development Ordinance Amendments to TMC Titles 14, 16, 8.25 & 18 CATEGORY EI Discussion 11/28/16 ❑ Motion Alts Date ❑ Resolution hltg Date 2 Ordinance ❑ Bid Award Mtg Date Z Public Hearing A1tg Date 11/28/16 ❑ Other Altg Date Aitg Date A1tg Date 12/05/16 SPONSOR ❑ Council ❑ Mgor ■ HR 0 DCD ❑ Finance ❑ Fire ❑ TS IN P&R ❑ Police 2 PTV SPONSOR'S Per our National Pollutant Discharge Elimination System Permit, the City is required to SuM:tiL RY adopt Low Impact Development (LID) Principles and LID Best Management Practices. In addition, the City is required to adopt the State Department of Ecology's Stormwater Manual or equivalent. TMC Titles 14, 16, 8.25 & 18 will need to be amended by Ordinance to meet these requirements. Title 14 will adopt the 2016 King County Surface Water Design Manual and the 2016 King County Stormwater Pollution Prevention Manual. REVIEWED BY ❑ COW Mtg. Cmte ❑ CA &P Cmte ❑ F &S Cmte ❑ Parks Comm. COMMITTEE CHAIR: ❑ Transportation Cmte 1 Utilities • Arts Comm. l/ Planning Comrn. DATE: 9/13 & 9/27, & 10/27/16 KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 12/05/16 MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/23/16 Draft Title 14 Ordinance, Draft Title 16 Ordiance, Draft Title 8.25 & 18 Ordinances Minutes from the Utilties Committee meeting of 9/13/16 and 9/27/16 Minutes from the Planning Commission meeting of 10/27/16 12/5/16 1 City of Tukwila Public Works Deportment - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: City Council FROM: Bob Giberson, Public Works Director BY: Greg Villanueva, NPDES Coordinator CC: Mayor Ekberg DATE: November 23, 2016 SUBJECT: NPDES Phase 11 Permit for Surface Water Project No. 99341210 Stormwater Updates to TMC Title 14, Title 16, and Title 8.25 & 18 Allan Ekberg, Mayor ISSUE Adopt three ordinances that update Tukwila Municipal Code (TMC) Title 14, 16, 8.25 & 18. BACKGROUND The City of Tukwila operates its municipal drainage system under a National Pollutant Discharge Elimination System (NPDES) Phase ll storm water permit administered by the Department of Ecology (DOE). This NPDES permit allows the City to discharge surface water to Waters of the State (Green /Duwamish River) if we meet various permit requirements. One permit requirement mandates that the City review, revise, and make Low Impact Development (LID) principles and LID Best Management Practices effective in City codes and other enforceable documents no later than December 31, 2016. This mandate also requires that the City adopt a new Surface Water Design Manual that meets Department of Ecology requirements. ANALYSIS TMC Section 14.30 Surface Water Management For the updated Surface Water Design Manual, staff began working on this NPDES permit requirement by comparing the DOE's 2012 Stormwater Management Manual and the 2016 King County Surface Water Design Manual (KCSWDM). Staff determined that adopting the 2016 KCSWDM along with the 2016 King County Stormwater Pollution Prevention Manual (KCSPPM) is our best option to meet the DOE requirement to adopt a new Surface Water Design Manual. The City currently uses the 2009 KCSWDM and the 2016 KCSWDM is an update that incorporates the required LID principles and practices. Adopting the 2016 KCSWDM is consistent with the majority of our neighboring cities. Staff prepared an ordinance to amend the Surface Water Management Chapter, TMC Section 14.30, to adopt these manuals as well as several other code changes. The proposed substantive changes are:. • Adding a definition for Law Impact Development (LID) • Adopting the 2016 King County Surface Water Design Manual ( KCSWDM) • Adopting the 2016 King County Stormwater Pollution Prevention Manual (KCSPPM) • Adding a requirement for additional no dumping labeling to catch basins • Adding requirements for trash and waste receptacles The 2016 King County Surface Water Design Manual and the 2016 King County Stormwater Pollution Prevention Manual (KCSPPM) can be found on the City's NPDES web page. W:1PW Eng \PR ©JECTS'A- DR ProjectANPGES Program {99341210}12015 017 Capacity Granl101ak LID Gap MalysssICOW Nov 2 2016 Info Memo.dccx 3 NPDES Info Memo November 23, 2016 Page 2 TMC Titles 16, 825 & 18 In addition to adopting new storm water requirements, the NPDES Permit requires that the City review all development related codes, rules, and standards to incorporate LID principles and practices and identify any existing regulations that might conflict with those LID principles and practices. To accomplish this requirement, the City contracted with Otak, Inc. to provide an LID gap analysis of our codes. Otak developed a list of various City codes that may provide barriers to LID implementation. Otak then met and worked with staff from relevant departments to review the potential LID barriers and update the City codes where needed. The public was informed about this code updates through notices posted at public facilities and LID information on the City's NPDES web page, along with holding several public meetings. This process produced proposed changes to TMC Section 16.54, Section 8.25, and Title 18. The proposed changes to each are as follows: TMC Section 16.54 Grading The proposed grading changes in TMC 16.54 are significant and are consistent with changes King County was required to make to their grading ordinance in order for the DOE to consider the King County Surface Water Design Manual equivalent to the DOE Surface Water Design Manual. The proposed substantive changes that amend TMC Section 16.54 are: • Adding additional permit application requirements • Revising erosion and sediment control standards • Adopting the international Building Code by reference • Adding cut and fill standards • Adding requirements to maintain moisture holding capacity of soil TMC Section 8.25 Vehicle Parking and Storage on Single Family Property and Title 18 Zoning In addition to LID code updates to TMC Chapter 18, it was also determined that Parking regulations currently in TMC Section 8.25 Vehicle Parking and Storage on Single Family Property, which contained LID regulations, were better suited in TMC Chapter 18. The proposed substantive changes to both chapters are: • Updating the Durable Uniform Surface definition to include pervious surfaces and moving it from TMC Section 8.25 and into Section18.06 • Moving TMC Section 8.25.020 Parking Limitations to TMC Section 18.56.056 • TMC Title 18 - Adding definitions concerning permeable pavement and green roofs • TMC Title 18 - Modifying the development area for single family properties • TMC Title 18 - Allowing bioretention facilities as acceptable within landscaped areas • TMC Title 18 - Adding soil protection and amendment requirements • TMC Title 18 - Eliminating the largest Off- Street Parking stall size standard • TMC Title 18 - Referencing a bioretention plant list for bioretention facilities Committee Review and Public Input The following is a summary of the various committee meetings and public involvement: • 2/14/16 Surface Water Management Program Open House LID Discussion • 2/23/16 Utilities Committee LID presentation • 3/21/16 Transportation Committee LID presentation • 5/14/16 Backyard Wildlife Festival LiD presentation W:IPW Eng1PROJECTS1A• DR ProjeclsWPDES Program {9934121012015 2©11 Capacity GrarlOtalt LID Gap MaysislCOW Nov 28 2016 Inca Memo don 4 NPDES Info Memo November 23, 2016 Page 3 • 8/10/16 LID Open House • 9/13/16 Utilities Committee Title 14, Title 8, and Title 18 LID Code Update • 9/27/16 Utilities Committee Title 16 LID Code Update • 10127/16 Planning Commission Meeting Title 8 and 18 Public Hearing • 11/28/16 Committee of Whole Title 14 and 16 Public Hearing • 11/28/16 Committee of Whole Titles 8, 14, 16 and 18 discussion • 12105116 Scheduled adoption Council Regular meeting FISCAL IMPACT The new drainage requirements will impact both private and public projects and may affect design, construction, and maintenance costs. The U.S. Environmental Protection Agency has competed studies on the cost of LID implementation and determined that an LID approach to storm water management is less expensive on average to construct and maintain then using conventional storm water facilities. RECOMMENDATION Council is being asked to approve three Ordinances that amend TMC Sections 14.30, 16.54, and 8.25 & Title 18 and consider these items on the Consent Agenda at the December 5, 2016 Regular Meeting. ATTACHMENTS Draft Ordinance Amending TMC Section 14.30 Draft Ordinance Amending TMC Section 16.54 Draft Ordinance Amending TMC Section 8.25 and TMC Title 18 W:NW Eng1PROJECTS1A; ❑R Projects,APDES Program (99341214 }12015 2017 Capacity Gran0Otak UD Gap Malysis1COW Nov 28 2418 Info FAenio.docx 5 t, _.1] fr;l Proposed TMC Title 14 y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2274 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 14.30.030, 14.30.060 AND 14.30.100, TO UPDATE REGULATIONS REGARDING SURFACE WATER MANAGEMENT; ESTABLISHING A NEW SECTION ENTITLED "TRASH AND WASTE RECEPTACLES," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTION 14.30.110; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System ( NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit"); and WHEREAS, the Permit extends the coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, stormwater management procedures established in 2010 by City of Tukwila Ordinance No. 2274, and amended by Ordinance No. 2423, no longer effectively address the surface water management requirements outlined above; and WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate public notice, held a public hearing on the draft ordinance; and W: Word PracessinglOrdinances \Low Impact Development rgmts -TMC 14.30 strike -thru 1D -11 -16 GV:bjs Page 1 of 7 7 WHEREAS, the City Council deems it to be in the best interest of public safety, health and welfare for its citizens to enact the new surface water regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 14.30.030 Amended. Ordinance No. 2274 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 14.30.030. "Definitions," subparagraph 13, is hereby amended to read as follows: 14.30.030 Definitions 13. "Low impact development ( "LID ") means slwface, enhaiced infiltration and changes in a stormwater and land use management strategy that strives to mimic ore- disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater management practices that are integrated into a project design, Section 2. TMC Section 14.30.060 Amended. Ordinance No. 2274 §1 (part), as codified at TMC Section 14.30.060, "Standards," is hereby amended to read as follows: 14.30.060 Standards All development activities within the City shall be undertaken in accordance with the following minimum standards, except that depending on a project's possible impact to public and environmental health and safety, the Director may require stricter standards: 1. The City's National Pollutant Discharge Elimination System (NPDES) permit. 2. The 2009 2016 King County Surface Water Design Manual (hereafter known and referred to as "KCSWDM "), attached hereto as "Exhibit A" (or in the alternative) as filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila Surface Water Design Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the Surface Water Design Manual or the SWDM. The Director will review subsequent amendments to the KCSWDM and will make recommendations to the City Council for adoption as needed and as applicable, or will adopt and implement necessary administrative regulations and/or procedures pursuant to the Director's authority under TMC Section 14.30.010(A). 3. The Department of Ecology 2005 2012 Stormwater Management Manual for Western Washington, hereafter known and referred to as the "DOE SWDM," may be used for project design for multi - jurisdictional development projects wherein a substantial and material portion of the development project will take place outside of the jurisdictional boundaries of the City and will be required by a permitting authority to comply with the standards set forth in the DOE SWDM; provided that the Public Works Director approves W: Word Processinglordinances\Low Impact Development rgmts -TMC 14,30 strike -thru 10 -11 -16 GV:bjs 8 Page 2 of 7 of the DOE SWDM based upon a finding that application of differing standards set forth in the SWDM and the DOE SWDM will create a hardship for the applicant, and that approval of use of the DOE SWDM will not result in requirements that are less restrictive than the SWDM or otherwise inconsistent with the purpose of this chapter. 4. The 2009-2016 King County Stormwater Pollution Prevention Manual, . hereafter known and referred to as "KCSPPM," attached hereto as Exhibit B (or in the alternative) as filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila Stormwater Pollution Prevention Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the Stormwater Pollution Prevention Manual or the "SPPM." The Director will review subsequent amendments to the KCSPPM and will make recommendations to the City Council for adoption as needed and as applicable, or will adopt and implement necessary administrative regulations and/or procedures pursuant to the Director's authority under TMC Section 14.30.010(A). 5. The Public Works Surface Water Regulations and Procedures. 6. Development design and construction shall meet all of the applicable standards and codes, recommendations in specific reports, such as the geo- technical report and the Technical Information Report, and design criteria contained in the Comprehensive Surface Water Management Plan or Drainage Basin Plans. 7. Unless the context indicates otherwise, the following terms and phrases, as used in the SWDM or the SPPM, shall have the meaning or reference given. See Figure 14 -4 relating to Tukwila Terminology Equivalents to King County Terminology. Figure 14.4 — Tukwila Terminology Equivalents to King County Terminology King County Term City of Tukwila Term Agricultural Project Term does not apply. Critical Drainage Area. Critical Drainage Area means an area as determined by the City needing additional controls to address flooding, drainage and/or erosion condition that poses an imminent likelihood of harm to the welfare and safety of the surrounding community. ODES' City of Tukwila Department of Community Development. DNRP1 City of Tukwila Department of Community Development. Director City of Tukwila Public Works Director. King County City of Tukwila. King County Road Standards City of Tukwila Infrastructure Design and Construction Standards and the requirements of the City of Tukwila Transportation Public Works Department Surface Water and ty-as-apfaliealgle. Water and Land Resource Division City of Tukwila Public Works. W: Word Processinglardinancesltow Impact Development rqmts -TMC 14.30 strike -thru 10 -11 -16 GV:bjs Page 3of7 9 Zoning Classifications: Agriculture (A); Forest (F); Rural (Z) These zoning classifications are intended for areas outside the Urban Growth Boundary; therefore the City of Tukwila contains no equivalent zoning. Refer to City of Tukwila zoning maps and designations. 'Other terms used in the KCSWDM to reference other King County staff or departments shall also refer to the City of Tukwila Department of Community Development. 8. All references in the SWDM or the SPPM to the following King County codes, or any section thereof, shall be replaced by reference as indicated in Figure 14 -5 to the applicable code and comparable section thereof. 9. All references in the SWDM and SPPM to the following maps shall be replaced by reference as indicated in Figure 14 -6. Figure 14.6 — Tukwila Maps Equivalent to King County Maps or Designation King County Map or Designation City of Tukwila Map or Designation Coal Mine Hazard Areas Map Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Landslide Hazard Area and Landslide Drainage Areas Map Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Water Quality Applications Map Not applicable. Aquatic areas (as defined in KCC 21A.06) Maps delineating stream and wetland types and their associated buffers within Tukwila are available at the Department of Community Development service desk. Wetlands (as defined in KCC 21A.06) Maps delineating stream and wetland types and their associated buffers within Tukwila are available at the Department of Community Development service desk. Seismic Hazard Areas Defined and regulated through the Washington State Building Code. Flood Hazard Area (as defined in KCC 21A.06) Flood Plain Management will be regulated through TMC Section 16.52. Flood Insurance Rate Maps available from the Public Works Department the and areas marked on thosc A V. maps with an or Steep Slope Hazard Area (no map referenced in the KCSWDM) Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Critical Aquifer Recharge Area (as defined in KCC 21A.06) Not applicable. Wildlife Habitat Conservation Area (as defined in KCC 21A.06) Fish and wildlife habitat conservation areas will be regulated through TMC Chapter 18.44, Shoreline Overlay District, and the regulations in TMC Chapter 18.45 related to wetlands and watercourses. Wildlife Habitat Networks (as defined in KCC 21A.06) No equivalent. W: Word Processing \Ordinances \Low Impact Development rqmts-TMC 14.30 strike -thru 10 -11 -16 GV:hjs 10 Page 4 of 7 All references in the SWDM to the Stormwater Pollution Prevention Manual shall mean and refer to the SPPM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. All references in the SPPM to the Stormwater Design Manual shall mean and refer to the SWDM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. The definition of Critical Drainage Area in Chapter 1 of the SWDM is amended by striking "by administrative rule under the +rocedures srecified in KCC 2.98." The reference in Section 1.1.2.4 of the SWDM to Urban Planned Development shall mean and refer to the equivalent such designation under the City of Tukwila Comprehensive Plan as determined by the City of Tukwila Community Development Director. The note following the third sentence of Section 1.1.3 of the SWDM is stricken. The last paragraph of Section 1.1.4 beginning with "Additional mitigation" is stricken. The reference in Section 1.2.2 at paragraph 2 of the SWDM to KCC 21A.24.110 shall mean and refer to the applicable provision of Title 4-9-18 of the Tukwila Municipal Code. All references to Critical Area Review in the SWDM and the SPPM shall mean and refer to Critical Environmentally Sensitive Area Review pursuant to Title 18 of the Tukwila Municipal Code. References in the SWDM and SPPM to Chapter 16.82 of the King County Code shall mean and refer to the clearing and grading provisions of Title 16 of the Tukwila Muni al Code. Subsection F of Section 1.2.4.3 of the SWDM is omitted. The reference in Section 1.2.7 to King County Ordinance 12020 shall mean and refer to the financial guarantee requirements of the applicable provisions of the Tukwila Municipal Code or the Public Works Surface Water Regulations and Procedures. Section 1.4.4 of the SWDM is stricken and replaced with the following: All variances ( "Adjustments ") from Chapter 14.30 of the TMC, the SWDM and the SPPM shall be governed by the procedures, standards and requirements set forth in Chapter 18.72 of the Tukwila Municipal Code, as it now exists or may hereafter be amended. The reference in Section 1.4.5 of the SWDM to KCC 20.20 shall mean and refer to the applicable provisions of Title 18 of the Tukwila Municipal Code. References to offices of King County shall mean and refer to the equivalent offices of the City of Tukwila. Except when the context indicates otherwise, references in the SWDM and the SPPM to specific codes or sections of codes of King County, such as the King County critical areas code, shoreline management code, clearing and grading code, and road standards, shall mean and refer to the equivalent codes or sections of codes of the City of Tukwila. Section 3. TMC Section 14.30.100 Amended. Ordinance No. 2274 §1 (part), as codified at TMC Section 14.30.100, "Inlet Marking," is hereby amended to read as follows: 14.30.100 inlet Marking A. All new inlets and catch basin grates, public or private, shall be marked "No Dumping! Drains to Stream." In addition, a four -inch raised pavement marking that states "No dumping — Drains to Streams" or equivalent as approved by the Public Works Director shall be installed. W: Word Processing \Ordinances \Low Impact Development rgmts -TMC 14.30 strike -thru 10 -11 -16 cv:bis Page 5of7 11 B. Existing inlets and catch basin grates in areas being resurfaced or when being modified or replaced, shall be marked "No Dumping! Drains to Stream." In addition, a four -inch raised pavement marking that states "No dumping — Drains to Streams" or equivalent as approved by the Public Works Director shall be installed. C. The marking shall meet the standard in the City's Development Guidelines and Design and Construction Standards. Section 4. Regulations Established. TMC Section 14.30.110, "Trash and Waste Receptacles," is hereby established to read as follows: 14.30.110 Trash and Waste Receptacles A. Restaurants, including food preparation facilities; facilities with an outdoor trash compactor; or facilities that have been determined to generate pollution or waste activities, shall have a dedicated, roof - covered trash enclosure that drains to a catch basin connected to a grease interceptor that drains to the sanitary sewer. The trash enclosure area shall be kept clean and contained and shall not drain to a storm drainage system. B. Dumpsters and garbage and waste containers shall be leak -proof and kept closed or lidded at all times except when disposing of waste materials. C. Grease storage containers shall be kept covered at all times and shall have spill containment. The area shall be kept clean and clear of any fats, 011 or grease and shall not drain to a storm drainage system or sanitary sewer system Section 5. TMC Sections Recodified. The following TMC sections are hereby renumbered to be codified as follows: 14.30.140120 14.30.4 -20130 14.30.1 -39140 14.30.4 -40150 14.30.1-80160 14.30.400170 14.30.470180 14.30.489190 Financial Guarantees Insurance Exceptions Liability Penalties Abatement Injunctive Relief Appeals Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. W: Word Processing\OrdinanceslLow Impact Development rgrnts-TMC 14.30 strike -thru 10 -1 1 -16 GV: bis 12 Page 6 of 7 Section 7. Severability. If any section subsection, paragraph, sentence, clause or phase 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 8. 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 on December 31, 2016 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 , 2016. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2016. ATTEST /AUTHENTICATED: Christy O"Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — 2016 King County Surface Water Design Manual (KCSWDM) Exhibit B — 2016 King County Stormwater Pollution Prevention Manual (KCSPPM) W: Word Processingiardinances\Low Impact Development rqmts-TMC 14.30 strike -thru 10 -11 -16 GV:bjs Page 7 of 7 13 Proposed TMC Title 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2062 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 16.54.010, 16.54.030, 16.54.050, 16.54.060 AND 16.54.080, RELATED TO LOW IMPACT DEVELOPMENT REQUIREMENTS; ESTABLISHING TWO NEW SECTIONS ENTITLED "PERMIT APPLICATION REQUIREMENTS" AND "SEASONAL LIMITATION PERIOD," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTIONS 16.54.055 AND 16.54.065 RESPECTIVELY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System ( NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit"); and WHEREAS, the Permit extends coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, Permit section S5.C.4 requires the City to implement and enforce a program to reduce pollutants in stormwater runoff by regulating new development, redevelopment and construction sites; and W: Word Processing\Ordinances\Low Impact Development rgmts -TMC 16.54 strike -thru 11 -5 -16 GV:bjs Page 1 of 9 15 WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate public notice, held a public hearing on the draft ordinance; and WHEREAS, the City Council deems it necessary to update Tukwila Municipal Code Chapter 16.54, "Grading," to remain in compliance with the Permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.54.010 Amended. Ordinance No 2062 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.54.010, "Purpose," is hereby amended to read as follows: The provisions of TMC Chapter 16.54 shall be liberally construed to accomplish the following purposes: 1. Prevent damage to life, public and private property, surface waters, sensitive areas and associated buffers. 2. Regulate grading activities, including excavation, fill, grading, earthwork construction, and structural preloads. 3. Prevent erosion and control sedimentation. 4. Establish the standards to i ovem grading activities. 5. Provide for approval and inspection of grading activities. 6. Prevent and minimize disturbance of native soils and landscapes, and restore the moisture - holding capacity of disturbed soils. Section 2. TMC Section 16.54.030 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.030, "Definitions," is hereby amended to read as follows: As used in TMC Chapter 16.54, the terms shall be defined as follows: 1. "Applicant" means any person who has applied for a grading permit. 2. "Buffer"means the area contiguous to a sensitive area that is required for the continued maintenance, function and structural stability of the sensitive area as defined in the - - Environmentally Sensitive Areas chapter of the Zoning Code (TMC Chapter 18.45). 3. "Compaction "means the densification of a fill or of existing soils by mechanical or other means, whether intentional or incidental. 34. "Director" means the Public Works Director or his/her designee, including the City Engineer and Public Works inspectors. 45. "Erosion "means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. 56. "Excavation" means the digging or removal of earth material, also referred to as a "cut." W: Word Processing \Ordinances \Low impact Development rqmts -TMC 16.54 strike -thru 11 -5.16 GV:bjs 16 Page 2 of 9 67. "Fill"means a deposit of material placed by artificial means. 8. "Grade "means the vertical location of the ground surface, 89. "Grading "means any activity that results in change of the cover or topography, or any activity that may cause erosion, including clearing, cxcavationexcavating, filling, Viand stockpiling associated with excavating and filling. q10, "Sensitive area" means wetlands, watercourses, areas of potential geologic instability, abandoned coal mines, and fish and wildlife habitat areas, per the City's Environmentally Sensitive Areas Oreti4aseechapter of the Zoning Code (TMC Chapter 18.45.) 1011. "Site" means any legally defined section of real property, whose boundaries are recorded with the King County Assessor's Office for the purposes of assessing taxes, or a group of adjoining sections of such real property that are proposed as the location for grading activities. 12. "Slope" means an inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Section 3. TMC Section 16.54.050 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.050, "Permit," is hereby amended to read as follows: A. A permit is required for all grading activities occurring within the City limits, except the following: 1. Excavation for construction of a structure permitted under the Buildings and Construction chapter of Title 16 (TMC Chapter 16.04) . 2. Cemetery graves. 3. Refuse disposal sites controlled by other regulations. 4. Excavations for wells, or trenches for utilities. 5. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 6. Exploratory excavations performed under the direction of a registered design professional, as long as this exploratory excavation does not constitute the beginning of construction of a building prior to obtaining a permit. 7. Gardening and routine landscape maintenance on a single- family residential lot. B. Applications for permits pursuant to TMC Chapter 16.54 shall be submitted to the City in the format and manner specified by the Directorin TMC Section 16.54.055. W: Word Processing\Ordinances\Low Impact Development rgmts-TMC 16.54 strike -thru 11 -5 -16 GV.bjs Page 3of9 17 C. An approved grading permit applies to one site. A separate permit shall be obtained for each site. D. The City shall collect a nonrefundable permit fee, the amount set by resolution of the City Council. Section 4. Regulations Established. TMC Section 16.54.055, "Permit Application Requirements," is hereby established to read as follows: 16.54.055 Permit Application Requirements A. To obtain a permit, the applicant shall submit an application on a form provided by or approved by the Director that shall include, at a minimum: 1. Identification arid description of the work to be covered by the permit. 2. An estimate of the •uantities of excavation and fill involved b volume and b the total area graded in square feet and as a percentage of the total site area. 3. Identification and description of al! sensitive areas on the site or visible from the boundaries of the site. 4. Plans, reports, and specifications that, at a minimum, include those items required in IBC Section J104 and: a. Property boundaries, all existing and proposed easements anti required setbacks; b. A 1.2000 scale vicinity map with a north arrow; c. Horizontal and vertical scale; d. Size and location of existing improvements on and within 50 feet of the project, indicating which will remain and which will be removed; e. Location of all proposed cleared areas; f. Existing and proposed contours at maximum 2 -foot intervals, extending for 20 feet beyond the project edge, that provide sufficient detail to identify how grade changes will conform to the requirements of this code. g. At least two cross sections, one in each direction, showing existing and proposed contours and horizontal and vertical scales., and h. A proposed erosion and sediment control plan consistent with TMC Chapter 14.30 and the Surface Water Design Manual, as adopted and as may be amended from time to time. B. Materials in addition to those required in TMC Section 16.54.055.A rnav be necessary for the Director to complete the review. The followin materials shall be submitted when required by the Director: 1. Higher accuracy contours and more details of existing terrain and area drainage, limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction. W: Word Processing\Ordinances \Low Impact Development rgmts -TMC 16.54 strike -thru 11 -5 -16 GV:bjs 18 Page 4 of 9 2. If applicable, all drainage plans and documentation consistent with TMC Chapter 14.30 and the Surface Water Design Manual, as adopted and as may be amended from time to time. 3. Studies .re.ared b ualified s•ecialists as necessa to substantiate an submitted materials and compliance with this chapter or other taw, particularly if clearing or grading is proposed to take place in or adjacent to an environmentally sensitive area. C. Plans and specifications shall include permanent drainage facilities and be prepared by a civil engineer if the project is: 1. in conjunction with the placement of a structure; or 2. located in steep slope or landslide hazard areas as defined in the Environmentally Sensitive Areas chapter of the Zoning Code (TMC Chapter 18.45). The Director may modify this requirement depending on the circumstances of the site or the proposed protect. D. The Director shall determine the number of copies of the required plans, specifications and supporting materials necessary to perform the review and may require submittal of materials in alternative formats. E. The Director may waive specific submittal requirements if they are determined to be unnecessary for the acceptance and subsequent review of an application. Section 5. TMC Section 16.54.060 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.060, "Standards," is hereby amended to read as follows: A. All grading activities require erosion prevention and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, rights -of -way, water resources, and adjacent properties. Erosion and sediment controls shall be applied commensurate with the degree of risk, and as specified by the temporary erosion and sediment control measures, performance criteria, and implementation requirements of TMC Chapter 14.30 and the Surface Water Design Manual B. All grading activities shall be undertaken according to the following mandatory standards: 1. All design and construction shall be performed to minimize soil disturbance, to minimize compaction where not required for structural stability, and to maximize erosion prevention and sediment control. 2. All grading activities shall be consistent with: a. The standards provided by this chapter. b. The Buildings and Construction Chapter (TMC Chapter 16.04)T#e Internati aF B, ilding Code, Chapter the Zoning Code (TMC Title 18,1 and the International Building Code ( "IBC") Appendix J. Appendix J is hereby adopted by reference, except as W: Word Processing■Ordinances\Low Impact Development rqmts -TMC 16.54 strike -thru 11 -5 -16 GV:bjs Page 5 of 9 19 amended in INC Sections 16.54.050, 16.54.060 and 16.54.065, and as may be amended from time to time. . The infrastructure Design and Construction Standards chapter (TMC Chapter 16.36)The Public Works Dcpartmcnt's Doveep-Fnent Guidelinos and Design- l ed. The Kip Ceunt-y- Surface Water Design Manual, App D- as adopted in accordance with TMC Chapter 14.30 and as may be amended from time to time. Tukwila 'Vl-unieipalCede Chaptcr 18.45, "Sensitive- Areas" e. Policies and procedures set forth by the Director. C. Cuts and fills shall conform to the standards provided in IBC Section J106, "Excavations," and J107, "Fills," except as modified below or oil rerwise approved by the Director: 1 Provisions shall be made to: a. Prevent any surface water or seepage from damaging the cut face of any excavation or the sloping face of a fill. b. Address any surface water that is or might be concentrating as a result of a fill or excavation to a natural watercourse in accordance with TMC Chapter 14.3.0 and the Surface Water Design Manual. 2. Fill shall be compacted according to the following standards: a. Fill greater than 18 inches in depth shall be engineered and compacted to accommodate the proposed use in accordance with the applicable standard listed below unless a notice on title documentin the location of the fill is recorded and the fill is sufficiently stable so as not to pose a hazard, as follows: (1) Fill material at the location of a proposed building or a location not listed in subparagraphs {2) or (3) below shall be compacted in accordance with IBC Section J107.13. (2) Fill material at the location of proposed public infrastructure, such as streets and roads, shall be compacted in accordance with the Infrastructure Design and Construction Standards (TMC Chapter 16.36). (3) Fill material including, but not limited to, imported soils and compost, at the location of a proposed stormwater facility or placed as part of earthwork construction of a stormwater facility, shall be compacted in accordance with the Surface Water Design Manual and TMC Chapter 14.30. D. Access roads to grading sites shall be: 1. Maintained and located to the satisfaction of the Director to minimize problems with dust, mud and traffic circulation; 2. Located where the permanent access to the site is proposed in the perrnit application to minimize site disturbance; and W: Word Processing \Ordinances \Low Impact Development rqmts-TMC 16.54 strike -thru 11 -5 -16 GV:bjs 20 Page 6 of 9 3. Controlled by a ,gate when required by the Director. E. Signs warning of hazardous conditions, if determined by the Director to exist on a particular site, shall be affixed at locations as required by the Director. F. Where required by the Director to protect life, limb and property, fencing shall be installed with lockable gates that must be closed and locked when no work is being conducted on the site. The fence shall be no less than six feet in height and the fence material shall have no opening larger than two inches. G. Rocks. dirt mud, ve etation to soil duff la er and an other materials stri ed from, imported onto, used or produced on -site in the course of grading activities shall not be spilled onto, stockpiled, or otherwise left on public roadways or on any off -site property not specifically authorized as a receiving site under a valid permit. H. The duff layer and native topsoil shall be retained in an undisturbed state to the maximum extent racticable. An duff fa er or to soil removed durin radin shall be stockpiled to the maximum extent practicable on -site in a designated, controlled area not adjacent to public resources or to environmentally sensitive areas, The material shall be reapplied to other portions of the site where feasible. 1. The sail moisture holding capacity of the soil shall be restored as follows: 1. Except as otherwise provided in TMC Section 16.54.060.1.2. areas that have been cleared and graded shall have the soil moisture - holding capacity restored to that of the original undisturbed soil native to the site to the maximum extent practicable. The soil in any area that has been compacted or that has had some or all of the duff layer or underlying topsoil removed shall be amended to mitigate for lost moisture - holding capacity. The amendment shall take place between May 1 and September 30. The topsoil layer shall be a minimum of eight inches thick, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture - holding capacity native to the site. The topsoil layer shall have an organic matter content of between 5% to 10% dry weight and a pH suitable for the proposed landscape plants. Subsoils below the topsoil layer should be scarified at least four inches with some incorporation of the upper material to avoid stratified layers. Compost used to achieve the required soil organic matter content must meet the definition of "composted materials" in WAC 173 - 350 -220. 2. This subsection does not apply to areas that will be covered by an impervious surface at project completion. incorporated into a drainage facility or engineered as structural fill or slope, Section 6. Regulations Established. TMC Section 16.54.065, "Seasonal Limitation Period," is hereby established to read as follows: 16.54.065 Seasonal Limitation Period A. An annual period of limitation on site disturbance is established from October 1 through April 30. W: Word Processing \Ordinances\Low Impact Development rgmts -TMC 16.54 strike -thru 11 -5 -16 GV :bjs Page 7 of 9 21 B. During the seasonal limitation period, grading shall only be permitted if demonstrated to the satisfaction of the Director that runoff leaving the construction site will comply with the erosion and sediment control measures, performance criteria and implementation requirements in the Surface Water Design Manual and after a review of the following: 1. Site conditions, including, but not limited to, vegetative coverage, slope, soil type, and proximity to receiving waters: 2. Proposed limitations on activities and the extent of disturbed areas- and 3. Pro osed erosion and sedimentation control measures. C. Based on the information provided under TMC Section 16.54.065.B, the Director ma ex and or restrict the seasonal limitations on site disturbance. The Director shall set forth in writing the basis for approval or denial of clearing or grading during the seasonal limitation period. D. During the seasonal limitation period, grading will be allowed only if there is installation and maintenance of an erosion and sedimentation control plan approved by the Director that defines any limits on clearing and grading and specific erosion and sediment control measures required during the seasonal limitation period. The department may require or approve alternate best management practices. E. If, during the course of construction activity or soil disturbance during the seasonal limitation period, silt -laden runoff violating standards in the Surface Water Design Manual leaves the construction site or if clearing and grading limits or erosion and sediment control measures shown in the approved plan are not maintained, a Violation Notice and Order shall be issued in accordance with TMC Section 8.45.050. F. if the erosion and sediment control problem defined in the Violation Notice and Order is not adequately repaired within 24 hours of issuance, then a Stop Work Order may be issued in accordance with TMC Section 8.45.070 until such time as adequate erosion and sediment control measures to sto+ silt -laden runoff from leavin• the site are installed. The Stop Work Order may also require the property owner or authorized agent to discontinue any further clearing or grading, except for erosion and sediment control maintenance and repair, until the following May 1. G. The following activities are exempt from the seasonal limitations of this section: 1. Routine maintenance and necessary repair of erosion and sediment control facilities. 2. Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in removal of the vegetative cover to the soil. 3. Activities where there is 100% infiltration of surface water runoff within the site in approved and installed erosion and sedimentation control facilities. 4. Typical landscaping activities of existing single -famil residences that do not require a permit. W: Word Processing \Ordinances\Low Impact Development rgmts -TMC 16.54 strike -thru 11 -5 -16 GV.bjs 22 Page 8 of 9 RCw. Class I, 0 III and IV special forest practices in accordance with Chapter 76.09 6. Response to emergencies that threaten the public health, safety or welfare. Section 7. TMC Section 16.54.080 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.080, "Financial Guarantees," is hereby amended to read as follows: A. The Director may require a maintenance bond for erosion prevention and sediment control in the amount of 10% of the total project cost on projects which clear more than 6,000 square feet or contain or abut sensitive areas such as, but not limited to, Class 2 or steeper slopes, wetlands, or critical drainage. B. If the Director determines the nature of any work creates a hazard to human life; or endangers public or private property or sensitive areas, the Director may require the applicant to file a Certificate of Insurance. The Director, based on the nature of the risks involved, shall determine the amount of insurance. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 9. 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 10. 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 on December 31, 2016 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 , 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk; Passed by the City Council; Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances \Low Impact Development rgmts -TIVIC 16.54 strike -thru 11 -5 -16 GV:bjs Page 9 of 9 23 Proposed TMC Title 8.25 & 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING CODE," TO IMPLEMENT LOW IMPACT DEVELOPMENT REQUIREMENTS IN THE DESIGN AND REVIEW OF SURFACE WATER DRAINAGE ON DEVELOPMENT PROJECTS; REPEALING ORDINANCE NOS. 2495, 2371, 2251 §1 (PART) AND 2056 TO ELIMINATE TMC CHAPTER 8.25, "VEHICLE STORAGE AND PARKING ON SINGLE-FAMILY RESIDENTIAL PROPERTY "; REPEALING ORDINANCE NOS. 2075 §1 (PART) AND 1758 §1 (PART), TO ELIMINATE TMC SECTION 18.06.515, "LOT COVERAGE" (DEFINITION); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System (NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase ll Municipal Stormwater Permit (the "Permit "); and WHEREAS, the Permit extends coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and W: Word Processing \Ordinances \Low Impact Development rqmts -Title 18 strike -thru 11 -4 -16 MB:bjs Page 1 of 19 25 WHEREAS, Section S5.C.4 of the Permit requires the City to implement and enforce a program to reduce pollutants in stormwater runoff by regulating new development, redevelopment and construction sites; and WHEREAS, a requirement of Section S5.C.4 of the Permit mandates the City reduce pollutants in stormwater by implementing Low Impact Development (LID) requirements through new and revised development codes by December 31, 2016; and WHEREAS, the City Council deems it necessary to update the code provisions in Title 8, "Public Peace, Morals and Safety," and Title 18, "Zoning," to remain in compliance with the Permit; and WHEREAS, on October 27, 2016, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2495, 2371, 2251 §1 (part), and 2056, as codified at Tukwila Municipal Code (TMC) Chapter 8.25, are hereby repealed, thereby eliminating TMC Chapter 8.25, "Vehicle Storage and Parking on Single - Family Residential Property," in its entirety. 8,2f0-1-0—Definitions, "Approved Durable Uniform Surface" is a durable uniform surface approved for the 1. Two inches of 5/8 minus compacted rock, provided mud or other fine material Section 8.25.010; or 3. Blacktop (2" asphalt concrete pavement) over gravel section as described in Section 8.25.010; or /1. Any other configuration of materials, approved by the City that maintains a durable uniform surface. W: Word Processinglardinances\Low lmpact Development rqmts -Title 18 strike -thru 114-16 MB:bjs 26 Page 2 of 19 on properties devoted to single family residential use. 8.25.020C, shall not be parked in setbacks except in front yard or side street setbacks when in a driveway that provides access to an approved parking location and is in conformance connected to a rear alley. approved durable uniform surface and shall not be parked, kept or stored in required front setbacks is allowed, provided no rccroationai vehicle is parked so as to prevent accesc by D. Approved durable uniform surfaces outside of structures on site may cover a O be approved durable uniform surface. An approved durable uniform surface exceeding this requirement prior to August 25, 2001 may be maintained, but shall not be expanded. The Director of Community Development may approve exceptions to this requirement for 6,500 square feet arc exempt from the percentages noted in TMC Section 8.25.020, subparagraphs D and E. property of 13,000 square feet or Tess -outside of a carport or enclosed garage for a period Section 2. Repealer. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as codified at TMC Section 18.06.515, "Lot Coverage" (definition), are hereby repealed. thereby eliminating TMC Section 18.06.515. W: Word ProcessinglOrdinances\Low Impact Development rqmts-Title 18 strike -thru 11-4-16 MB:bjs Page 3 of 19 27 "Pervious hard surface" means permeable pavement or a green roof. 4. Blacktop (2" minimum asphalt concrete pavement) over gravel section as described above and sloped to drain to prevent drainage impacts; or 5. Any other configuration of materials approved by the City that maintains a durable uniform surface and prevents drainage impacts. Section 6. New Definition Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions, to read as follows: Pervious Hard Surface Section 7. TMC Section 18.10.060 Amended. Ordinance Nos. 1 971 §4 and 1758 §1 (part), as codified at TMC Section 18.10.060, "Basic Development Standards," are hereby amended to read as follows: 18.10.060 Basic Development Standards Development within the Low - Density Residential District shall conform to the following listed and referenced standards: LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 6,500 sq. ft. Average lot width (min. 20 ft. street frontage width), minimum 50 feet Development Area, maximum 75% on Tots Tess than 13,000 sq. ft. (only for single fami_ly up to a maximum of 5,850 sq. ft. development) 45% on Tots greater than or equal to 13,000 sq. ft. Setbacks to yards (minimum): • Front 20 feet • Front, decks or porches 15 feet • Second front 10 feet • Sides _ 5 feet • Rear 10 feet Height, maximum 30 feet Off - street parking: • Residential See TMC Chapter 18.56, Off- street Parking & Loading Regulations • Accessory dwellins unit See 18.10.030 • Other uses See TMC Chapter 18.56, Off - street Parking & Loading Regulations W: Word Processing \Ordinances \Low Impact Development rqmts -Title 18 strike -thru 11 -4 -16 MB:bjs 28 Page 5 of 19 Section 8. TMC Section 18.20.080 Amended. Ordinance Nos. 1976 §39, 1872 §3, and 1758 §1 (part), as codified at TMC Section 18.20.080, "Basic Development Standards," are hereby amended to read as follows: 18.20.080 Basic Development Standards Development within the Residential Commercial Center District shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum 5,000 sq. ft. Lot area per unit (multi- family), minimum 3,000 sq. ft. Setbacks to yards (min.): • Front 20 feet • Second front 10 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 10 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, bioretention facilities, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval. See Landscape, Recreation, Recycling /Solid Waste Space chapter for further requirements • Front 20 feet • Second front 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) W: Word ProcessinglordinanceslLow impact Development rgmts -Title 18 strike -thru 11 -4 -16 MB.bjs Page 6 of 19 29 Off- street parking: • Residential See TMC Chapter 18.56, Off- street Parking & Loading Regulations • Accessory dwelling unit See Accessory Use section of this chapter • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC Chapter 18.56, Off- street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise ", and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43,21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 9. TMC Section 18.28240 Amended. Ordinance No. 2443 §25, as codified at TMC Section 18.28.240, "General Landscaping," subparagraph 6.3., "Soil Preparation and Planting," is hereby amended to read as follows: 18.28.240 General Landscaping 3. Soil Preparation and Planting. a. For trees and plants planted in sidewalks and parking lots, or in limited areas of soil volume, structural soils (Cornell University "CU" product or similar) must be used to a preferred depth of 36 inches, to promote tree root growth and provide structural support to the paved area. Minimum soil volumes for tree roots shall be 750 square feet per tree (see specifications and sample plans for CU- Structural Soils). Trees and other landscape materials shall be directly planted specifications in "CU Structural Soils — A Comprehensive Guide" or using current BMPs subject to administrative review and approval of the technical information report (TIR.) Suspended pavement systems (Silva Cells or similar) may also be used if approved, into b. For soil preparation in bioretention areas, existing soils must be protected from compaction. bioretention soil media must be prepared in accordance with standard specifications of the Surface Water Design Manual, adopted in accordance with TMC Chapter 14.30, to promote a proper functioning bioretention system. These W; Word Processing\Ordinances \Low Impact Development rgrnts -Title 18 strike -thru 11 -4 -16 M &bjs 30 Page 7 of 19 specifications shall be adhered to regardless of whether a stormwater permit is required from the City. bc. For all other plantings, soils must be prepared for planting in accordance with specifications to restore soil moisture- holding capacity in accordance with TMC Chapter 16.54, Grading, BMP T5.13, "Post Construction Soil Quality and op r^ the Washington (or as amended) regardless of whether a stormwater permit is required by the City. ed. The applicant will be required to schedule an inspection by the City of the planting areas prior to planting to ensure soils are properly prepared. de. installation of landscape plants must comply with best management practices including: (1) Planting holes that are the same depth as the size of the root ball and 2 times wider than the size of the root ball. (2) Root bads of potted and balled and burlapped (B &B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. At least the top 2/3 of burlap and all straps or wire baskets are to be removed from B &B plants prior to planting. (3) The top of the root flare, where the roots and the trunk begin, should be about one inch from the surrounding soil. The root ball shall not extend above the soil surface. (4) If using mulch around trees and shrubs, maintain at least a 3 -inch mulch -free ring around the base of the plant trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. Section 10. TMC Section 18.50.085 Amended. Ordinance Nos. 2199 §17, 1830 §28, and 1758 §1 (part), as codified at TMC Section 18.50.085, "Maximum Percent Development Area Coverage," are hereby amended to read as follows: 18.50.085 Maximum Percent Development Area Coverage A. In the LDR zones the maximum •ercent develo■ment area coverage for a sin le- family development shall be as follows: 1, 75% on lots less than 13,000 square feet up to a maximum of 5,850 sq. ft.; and 2. 45 °/o on lots greater than or equal to 13,000 square feet. B, In the MDR and HDR zones the maximum percent development area coverage shall be 50%, less the following surfaces: 1. the footprint of an exclusive recreational facility; W: Word Processing\Ordinances\Low Impact Development rqmts -Title 18 strike -thru 11 -4 -16 rVIB :bjs Page 8 of 19 31 2. a proportion of a recreational facility footprint when contained within a general use building as follows: the portion of the footprint area occupied by a recreational facility divided by the number of floors in that portion of the building; 3. vehicle circulation aisles between separate parking areas; 4. sidewalks; 5. paths; and 6. other pedestrian /recreation facilities clearly designed to enhance the pedestrian environment. C. except for Senior citizen housing developments in HDR is exempt from development area coverage maximum; however, if the senior citizen housing is converted to regular apartments, the 50% limit must be met. D. The 50% maximum development area coverage for Ttownhouse development may be are allowed increased up to a maximum of 75% development area coverage,. The if the applicant uses low - impact development techniques: that are technically feasible and in accordance with the Surface Water Design Manual (TMC Chapter 1430) Section 11. TMC Section 18.52.030 Amended. Ordinance Nos. 2251 §62 and 1872 §14 (part), as codified at TMC Section 18.52.030, "Perimeter Landscape Types," are hereby amended to read as follows: 18.52.030 Perimeter Landscape Types A. Type 1 landscape perimeter. 1. Purpose is to enhance Tukwila's streetscapes, provide a light visual separation between uses and zoning districts, screen parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. One tree for each 30 lineal feet of required perimeter excluding curb cuts; and b. One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a planted berm at least 24 inches high; and c. Living groundcover to cover 90% of the landscape area within three years. 3. Bioretention may be used as a Type 1 landscape perimeter, provided the intent of the screen is achieved. To support bioretention facility function and plant survival, flexibility in plant materials and placement shall be allowed, provided public safety is not compromised. W: Word ProcessinglOrdinances\Low Impact Development rqmts -Title 18 strike -thru 11 -4 -16 MB:bjs 32 Page 9 of 19 B. Type 11 landscape perimeter. 1. Purpose is to enhance Tukwila's streetscapes, provide a moderate visual separation between uses and zoning districts, screen blank building walls and parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. One tree for each 20 lineal feet of required perimeter excluding curb cuts; b. One shrub for each 5 lineal feet of required perimeter excluding curb cuts; c. Living groundcover to cover 90% of the landscape area within three years. 3. Bioretention may be used as a Type II landscape perimeter, provided the intent of the screen is achieved. To support bioretention facility function and plant survival, flexibility in plant materials and placement shall be allowed, provided public safety is not compromised. and and C. Type 1!1 landscape perimeter. 1. Purpose is to provide extensive visual separation between industrial areas and nearby residential areas. 2. Plant materials shall consist of the following: a. One tree per 20 lineal feet of required perimeter excluding curb cuts; and b. Shrubs to provide a solid planting screen with a height of five to eight feet or a solid wooden fence or masonry wall to be approved by the Community Development Director; and c. Living groundcover to cover 90% of the landscape area within three years. D. Plant material requirements. 1. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape Association — ANLA), and shall be healthy, vigorous and well- formed, with well- developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (hardened -off). 2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls. 3, Deciduous trees shall be used to allow visual access to entryways, signage and pedestrian use areas. 4. Evergreen shrubs shall be used to screen parking lots along street frontages. 5. in perimeters located adjacent to residential zones 75% of trees and shrubs shall be evergreen. W: Word Processingl0rdinancesILow Impact Development rgmts-Title 18 strike -thru 11 -4 -16 MB:bjs Page 10 of 19 33 6. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 7. Deciduous trees shall have at least a 2 -inch caliper at time of planting, determined according to the American Standard for Nursery Stock. 8. Shrubs shall be at least 18 inches in height at time of planting. 9. No plants listed on the current King County Noxious Weed list may be used. 10. Existing vegetation may be used to meet the requirements of this chapter. All significant trees located within any required perimeter landscaping area which are not dead, dying, or diseased and which do not pose a safety hazard as determined by the Community Development Director shall be retained. 11. The classification of plant material as trees, shrubs and evergreens shall be as listed in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada. 12. Plant material requirements for bioretention facilities shall be in accordance with the City's bioretention plant list or as administratively approved by the Director. Section 12. TMC Section 18.52.035 Amended. Ordinance Nos. 2442 §2, 2251 §63, 2235 §14 and 1872 §14 (part), as codified at TMC Section 18.52.035, "Interior Parking Lot Landscaping Requirements," are hereby amended to read as follows: 18.52.035 Interior Parking Lot Landscaping Requirements Landscaping within parking areas shall be provided as shown below. 1. Requirements for each distinctly separate parking area within the LDR zone for uses other than dwelling units, and in the MDR and HDR zones: a. For areas with up to 20 parking stalls per parking area, no interior landscaping is required. b. For areas with 21 - 40 parking stalls per parking area, 7 square feet of interior landscape area is required for each parking stall. c. For areas with more than 40 parking stalls per parking area, 12 square feet of interior landscape area is required for each parking stall (see Multi - Family Design Guidelines, Site Planning Section, No. 31, for the normal 15 square feet to be provided). d. All parking areas shall have a perimeter landscape strip a minimum of 2 feet wide with an average width of 5 feet. 2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones: a. For lots with up to 20 parking stalls, no interior landscaping is required. b. For lots with 21 - 40 parking stalls, a minimum of 10 square feet of interior landscape area is required for each parking stall over 20. W: Word Processinglordinances \Law Impact Development rqmts -Title 18 strike -thru 11 -4 -16 MD:bjs 34 Page 11 of 19 c. For lots with more than 40 parking stalls, a minimum of 200 square feet of interior landscape area plus 15 square feet for each parking stall over 40 is required. For areas placed behind buildings or otherwise screened from streets, parks and City trails the interior landscape requirement is reduced to a minimum of 200 square feet plus 10 square feet for each parking stall over 40. 3. Requirements for parking Tots within the RC, RCM, C /LI, ISO and TVS zones: a, For areas adjacent to public or private streets, a minimum of 15 square feet of landscaping is required for each parking stall. b. For areas placed behind buildings or otherwise screened from streets, parks and City trails a minimum of 10 square feet of interior landscape area is required for each parking stall. 4. Planting Standards: a. interior landscape islands shall be distributed to break up expanses of paving. Landscaped areas shall be placed at the ends of each interior row in the parking area, with no stall more than 10 stalls or 100 feet from a landscape area. Landscaped areas and planting islands may contain bioretention systems. b. The minimum size for interior parking lot planting islands is 100 square feet. c. Planting islands shall be a minimum of 6 feet in any direction and generally the length of the adjacent parking space. d. Raised curbs or curb stops shall be used around the landscape islands to prevent plant material from being struck by automobiles. Where bioretention is used, curb cuts shall be placed to allow stormwater runoff from adjacent pavements to enter the bioretention system. e. A minimum of 1 evergreen or deciduous tree is required per landscape island, with the remaining area to contain a combination of shrubs, living groundcover and mulch. Section 13. TMC Section 18.56.040 Amended. Ordinance Nos. 2500 §24, 2368 §54, 2251 §66, 1795 §3 (part), and 1758 §1 (part), as codified at TMC Section 18.56.040, "General Requirements," are hereby amended to read as follows: 18.56.040 General Requirements Any required off- street parking and loading facilities shall be developed in accordance with the following standards: 1. LOCATION. Any on- premises parking area that contains parking stalls located more than 1,000 feet from the principal use shall require Hearing Examiner approval for the entire parking lot. W: Word ProcessinglOrdinances\Low Impact Development rgmts -Title 18 strike -thru 11 -4 -16 MB:bjs Page 12 of 19 35 2. SPARKING DIMENSIONS. Minimum parking area dimensions for surface and structured parking facilities shall be as provided in Figure 18 -6. Standard and compact parking stalls shall be allowed a two -foot landscaping overhang to count towards the stall length. 3. TANDEM PARKING SPACES. In the MDR and HDR zones, tandem spaces (where one car is parked directly behind another) will be allowed for each three bedroom and 1/3 of all two bedroom units. No more than 1/3 of all project parking spaces may be tandem and all tandem parking spaces will be designed for full size rather than compact size vehicles based on the dimensions in Figure 18 -6. 4. PARKING AREA AND PARKING AREA ENTRANCE AND EXIT SLOPES. The slope of off- street parking spaces shall not exceed 5 %. The slope of entrance and exit driveways providing access for off - street parking areas and internal driveway aisles without parking stalls shall not exceed 15 %. 5. DRIVEWAYS AND MANEUVERABILITY. a. Adequate ingress to and egress from each parking space shall be provided without moving another vehicle and without backing more than 50 feet. b. Turning and maneuvering space shall be located entirely on private property unless specifically approved by the Public Works Director. c. All parking spaces shall be internally accessible to one another without reentering adjoining public streets. This standard does not apply to single family, duplex, triplex, fourplex or townhouse uses. d, When off- street parking is provided in the rear of a building and a driveway or lane alongside the building provides access to rear parking area, such driveway shall require a minimum width of twelve feet and a sidewalk of at least a three -foot section, adjoining the building, curbed or raised six inches above the driveway surface. This standard does not apply to single family, duplex, triplex, fourplex or townhouse uses. e. Ingress and egress to any off - street parking lot shall not be located closer than 20 feet from point of tangent to an intersection. f. The Public Works Director or the Community Development Director may require ingress separate from an egress for smoother and safer flow of traffic. 6. The Director may require areas not designed or approved for parking to be appropriately marked and/or signed to prevent parking. 7. SURFACE. a. The surface of any required off- street parking or loading facility shall be paved with permeable pavement, which is the preferred material, or asphalt, concrete or other similar approved material(s) that maintains a durable uniform surface and shall be graded and drained as to dispose of all surface water, but not across sidewalks. b. Any parking stalls provided in excess of the required minimum shall use permeable pavement where technically feasible in accordance with the Surface Water Desi•n Manual ado•ted in accordance with TMC Chaster 14.30. W: Word Processinglordinances\Low Impact Development rgmts -Title 18 strike -thru 11 -4 -16 MB:bjs 36 Page 13 of 19 c. All traffic- control devices, such as parking stripes designating car stalls, directional arrows or signs, bull rails, curbs and other developments shall be installed and completed as shown on the approved plans. d. Paved parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. de. Where pedestrian walks are used in parking lots for the use of foot traffic only, they shall be curbed or raised six inches above the lot surface. f. Wheel stops shall be required on the periphery of parking lots so cars will not protrude into the public right -of -way, walkways, off the parking lot or strike buildings. Wheel stops shall be two feet from the end of the stall of head -in parking. 8. PARALLEL PARKING STALLS. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right -of -way. 9. OBSTRUCTIONS. No obstruction that would restrict car door opening shall be permitted within five feet of the centerline of a parking space. 10. LIGHTING. Any lighting on a parking lot shall illuminate only the parking lot, designed to avoid undue glare or reflection on adjoining premises. 11. CURB -CUTS. All parking areas shall have specific entrance and/or exit areas to the street. The width of access roads and curb -cuts shall be determined by the Public Works Director. The edge of the curb -cut or access road shall be as required by the Public Works Director for safe movement of vehicles or pedestrians. Curb -cuts in single - family districts shall be limited to a maximum of 20 feet in width and the location shall be approved by the Public Works Director. 12. PARKING STALL. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. Section 14. TMC Section 18.56.065 Amended. Ordinance Nos. 2368 §57, 2199 §19, and 1976 §62, as codified at TMC Section 18.56.065, "Residential Parking Requirements," are hereby amended to read as follows: 18.56.065 Residential Parking and Storage Requirements contains up to three bedrooms. One additional off street parking space shall be required bedroom homes shall have four spaces, and so on). A. Parking and vehicle storage limitations on properties devoted to single- family residential use shall be as follows: 1. Motor vehicles on property devoted to single - family residential use shall be parked on an approved durable uniform surface that is designed to retain surface water on -site and without causing impacts. If necessary, surface water may drain to street if no other design is feasible, Motor vehicles, other than those specified in TMC Section 18.56.065.A.2, shall not be parked in setbacks except in front or secondary front -yard W: Word Processing \Ordinances \Low Impact Development rgmts -Title 18 strike -thru 11 -4 -16 MB:bis Page 14 of 19 37 setbacks from streets, when in a driveway that provides access to an approved parking location, and is in conformance with TMC Title 18, as that title currently exists or as it may be subsequently amended. Parking in the rear setback for a single - family home is permitted where the parking is connected to a rear alley. 2. Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved durable uniform surface and shall not be parked, kept or stored in required front yard setbacks, except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed, provided no recreational vehicle is parked so as to prevent access by emergency responders to all sides of a structure. 3. No more than 50% of the front and or 800 s• care feet whichever is smaller may be approved durable uniform surface. An approved durable uniform surface exceeding this requirement prior to August 25, 2004 may be maintained, but shall not be expanded. The Director of Community Development may approve exceptions to this requirement for an access driveway, particularly on pie- shaped or other odd shaped Tots where it is infeasible to meet this requirement. 4. Single- family properties on pre - existing, legal lots of record containing less than 6,500 square feet are exempt from the percentages noted in TMC Section 18.56.065.A.3. 5. No more than six motor vehicles shall be parked on a single- family residential property of 13,000 square feet or less outside of a carport or enclosed garage for a period of more than 48 hours. For purposes of this section, "single- family residential property" means any parcel containing a single- family residence or multiple parcels combined containing one single - family residence, typically identified by a single address located in the LDR zone. The parking limitations in this subsection shall apply to all motor vehicles as defined by state law with the exception of motorcycles and mopeds. B. Each unit in a townhouse development shall have an attached garage with parking for at least one vehicle or a parking space in an underground garage. C. Waiver from the requirement for number of required stalls. The Director shall have the discretion to waive the requirement to construct a portion of the off - street parking requirement if, based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due to a factor other than age. Such a study shall ensure that ample parking is provided for residents who can drive, guests, caregivers and other persons who work at the residence. If such a waiver is granted, the property owner shall provide a site plan, which demonstrates that in the event of a change of use, whichthat eliminates the reason for the waiver, there is ample room on the site to provide the number of off- street parking spaces required by this Code. In the event that a change of use or type of occupant is proposed that would alter the potential number of drivers living or working at the dwelling, the application for change of use shall be conditioned on construction of any additional off- street parking spaces required to meet the standards of this Code. and parking regulations listed under TMC Chapter 8.25. W: Word ProcessinglOrdinances \Low Impact Development rgmts -Title 18 strike -thru 114-16 MP:bjs 38 Page 15 of 19 Section 15. TMC Section 18.70.050 Amended. Ordinance Nos. 2175 §1, 2077 §1, and 1819 §1 (part), as codified at TMC Section 18.70.050, "Nonconforming Structures," are hereby amended to read as follows: 18.70.050 Nonconforming Structures Where a lawful structure exists at the effective date of adoption of this title that could not be built under the terms of this title by reason of restrictions on area, let ceverage,development area, height, yards or other characteristics of the structure, it may be continued so long as the structure remains otherwise lawful subject to the following provisions: 1. No such structure may be enlarged or altered in such a way that increases its degree of nonconformity. Ordinary maintenance of a nonconforming structure is permitted, pursuant to TMC Section 18.70.060, including but not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equipment repair /replacement and weatherization. These and other alterations, additions or enlargements may be allowed as long as the work done does not extend further into any required yard or violate any other portion of this title. Complete plans shall be required of all work contemplated under this section. 2. Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, in the judgment of the City's Building Official, it shall not be reconstructed except in conformity with provisions of this title, except that in the LDR zone, structures that are nonconforming in regard to yard setbacks or sensitive area buffers, but were in conformance at the time of construction may be reconstructed to their original dimensions and location on the lot. 3. Should such structure be moved for any reason or any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved. 4. When a nonconforming structure, or structure and premises in combination, is vacated or abandoned for 24 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of the zone in which it is located. Upon request of the owner, the City Council may grant an extension of time beyond the 24 consecutive months. 5. Residential structures and uses located in any single - family or multiple - family residential zoning district and in existence at the time of adoption of this title shall not be deemed nonconforming in terms of bulk, use, or density provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions and bulk, but may not be changed except as provided in the non - conforming uses section of this chapter. W: Word Processing\0rdinances \Law Impact Development rqmts-Title 18 stake -thru 114-16 MB:bis Page 16of19 39 6. Single- family structures in single- or multiple - family residential zone districts that have legally nonconforming building setbacks, shall be allowed to expand the ground floor only along the existing building line(s), so long as the existing distance from the nearest point of the structure to the property line is not reduced, and the square footage of new intrusion into the setback does not exceed 50% of the square footage of the current intrusion. 7. In wetlands, watercourses and their buffers, existing structures that do riot meet the requirements of the Sensitive Areas Overlay District chapter of this title may be remodeled, reconstructed or replaced, provided that: a. The new construction does not further intrude into or adversely impact an undeveloped sensitive area or the required buffer; b. The new construction does not threaten the public health, safety or welfare; and c. The structure otherwise meets the requirements of this chapter. 8. In areas of potential geologic instability, coal mine hazard areas, and buffers, as defined in the Sensitive Areas Overlay District chapter of this title, existing structures may be remodeled, reconstructed or replaced, provided that: a. The new construction is subject to the geotechnical report requirements and standards of TMC Sections 18.45.120B and 18.45.120C; b. The new construction does not threaten the public health, safety or welfare; c. The new construction does not increase the potential for soil erosion or result in unacceptable risk or damage to existing or potential development or to neighboring properties; and d. The structure otherwise meets the requirements of this chapter, 9. A nonconforming use, within a nonconforming structure, shall not be allowed to expand into any other portion of the nonconforming structure. Section 16. TMC Figure 18 -6, "Off-Street Parking Area Dimensions," Amended. Ordinance No. 1758 §1 (part), codified as Figure 18 -6 in Title 18, is hereby amended to be shown as follows: W: Word Processinglordinances\Low Impact Development minis-Title 18 strike -thru 11 -4 -16 MB:bjs 40 Page 17 of 19 Off- Street Parking Area Dimensions TMC 18.56.040 A B C 0 E F Parking Angle Staff Width Stall Depth Aisle Width Curb Length Unit Width 1 -way traffic 2 -way traffic 1 -way traffic 2 -way traffic 0° 8* 8* 12 20 20* 28* 36* 8.5 0.5 12 20 23 29 37 30° 8* 15* 11 20 16* 41* 54' 8.5 17 11 20 17 45 54 9 17.5 11 20 18 46 55 9.5 10 11 ( 20 19 47 56 45° 8* 17* 12.5 20 11.5* 46.5* 54' 8.5 19.5 12.5 20 12 51.5 59 9 20 12 20 12.7 52 60 9.5 20 12 2a 13.4 52 60 60° 8* 18* 17.5* 20 9.2* 53.5 56* 8.5 21 17.5 20 9.8 59.5 62 9 21 17 20 10.4 59 62 9.5 21 16.5 20 11 58.5 62 90° 8* 16* 24 25 8* 56* 57* 8.5 19 24 25 8.5 62 63 9 19 23 24 9 61 62 9.5 19 22 24 9.5 60 62 *These figures are for use with compact cars only. Any bays that contain combined compact and normal spaces shall be designed for normal spaces. Curb Length (E) I stall width or depth I (B or C) L Aisle or Street Aisle (0) A Stal Deplh FleTendicular to Aisle [CI \1! Cub Length [E] Unit Width (F) Angled Parking W: Word Processing \Ordinances \Low Impact Development rgmts -Title 18 strike -thru 11 -4 -16 MB :bjs Parallel Parking Figure 18 -6 Off- Street Parking Area Dimensions Page 18 of 19 41 Section 17. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 18. 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 19. 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 on December 31, 2016 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 , 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word ProcessinglordinanceslLow Impact Development rgmts -Title 18 strike -thru 11 -4 -16 MB:bjs 42 Page 19 of 19 UTILITIES COMMITTEE Meeting Minutes City of Tukwila City Council Utilities Committee September 13, 2016 - 5:30 p. m. - Foster Conference Room, 6300 Building Councilmembers: Kathy Hougardy, Chair; Kate Kruller, Thomas McLeod Staff: Bob Giberson, Robin Tischmak, Mike Cusick, Ryan Larson, Minnie Dhaliwal, Pat Brodin, Peter Lau, Gail Labanara, Laurel Humphrey CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Bid Award: Crystal Springs Emergency Surface Water Repair Staff is seeking Council approval to award a contract to Hoffmann Construction Inc. in the amount of $203,361.00 for the Crystal Springs Emergency Surface Water Repair. Hoffman was the lowest bidder of nine bids received, and is under the Engineer's Estimate of $251,605. This project will construct a permanent repair of the surface water pipe at Crystal Springs Park, which was declared an emergency in July. Funds for the contract will come from the 2016 Annual Small Drainage Program. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 19, 2016 REGULAR CONSENT AGENDA. B. Amendments to Tukwila Municipal Code Chapter 14.30, Surface Water Management The City's current National Pollutant Discharge Elimination System (NPDES) permit requires the City to adopt either the 2012 Department of Ecology Surface Water Design Manual or an equivalent by December 31, 2016. The intent is to make Low Impact Development (LID) techniques the preferred and common approach to development and redevelopment. Following analysis, staff proposes adopting the 2016 King County Surface Water Design Manual (KCSWDM) and 2016 King County Stormwater Pollution Prevention Manual. Amendments are proposed to Chapter 14.30, Surface Water Management, of the Tukwila Municipal Code to adopt these manuals as well as add a section on waste receptacle requirements and catch basin labeling. The proposed amendments must be reviewed by the Department of Commerce and then will return for Council review and adoption. COMMITTEE DISCUSSION ONLY. 43 Utilities Committee Minutes September 13, 2016 Amendments to Tukwila Municipal Code Title 18 - Zoning Staff is seeking Committee approval to forward proposed amendments to Tukwila Municipal Code Title 18, Zoning, to the Planning Commission to make recommendations back to the Utilities Committee later this year. The City's NPDES Phase II permit requires the City to review, revise and make effective local development codes and standards to incorporate LID principles and best practices by December 31, 2016. Amendments have been prepared including cross - departmental review as well as feedback from the City's consultant on this project, Otak. COMMITTEE APPROVAL TO FORWARD TO THE PLANNING COMMISSION. D. Supplemental Agreement: Andover Park East Water & Sewer Replacement Staff is seeking Council approval of Supplemental Agreement No. 1 to Contract No. 15 -116 with PACE Engineers, Inc. in the amount of $55,096.32 for the Andover Park East Water and Sewer Replacement Project. The supplement will provide for additional design, on -call construction management, and extends the contract to December 31, 2017. The supplemented contract is within the remaining construction management budget of $107,106.16. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 26, 2016 COMMITTEE OF THE WHOLE. E. Project Completion: Emergency Sewer Repair at 1200 Andover Park East Staff is seeking Council approval of project completion and release of retainage to the R.L. Alia Company in the amount of $168,669.76 for the CBD Sanitary Sewer Rehabilitation - Emergency Sewer Repair at 1200 Andover Park East. This project provided roadway excavation and sewer pipe replacement in an area of severe deterioration and was completed on May 11, 2016. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 19, 2016 REGULAR CONSENT AGENDA. F. Project Completion: Sewer Repair at 1227 Andover Park East Staff is seeking Council approval of project completion and release of retainage to the R.L. Alia Company in the amount of $109,213.68 for the CBD Sanitary Sewer Rehabilitation - Sewer Repair at 1227 Andover Park East. This project provided sewer pipe replacement in an area of severe deterioration and was completed on May 11, 2016. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 19, 2016 REGULAR CONSENT AGENDA. III. MISCELLANEOUS Councilmember Kruller raised a concern about a dangerous intersection at South 137th St and 34th Avenue South impacting children walking to school at Cascade View Elementary. In addition, there was a recent hit and run property damage accident at South 135th St and 34' Avenue South. Further discussion on these intersections will take place in Transportation Committee. Meeting adjourned at 6:03 p.m. Next meeting: Tuesday, September 27, 2016 Committee Chair Approval Minutes by LH, Reviewed by GL 44 UTILITIES COMMITTEE Meeting Minutes City of Tukwila City Council Utilities Committee September 27, 2016 - 5:30 p.m. - Foster Conference Room, 6300 Building Councilmembers: Kathy Hougardy, Chair; Kate Kruller, Thomas McLeod Staff: Bob Giberson, Robin Tischmak, Ryan Larson, Pat Brodin, Greg Villanueva, Gail Labanara, and Laurel Humphrey CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Supplemental Agreement: Crystal Springs Emergency Surface Water Repair Staff is seeking Council approval of Supplemental Agreement No. 1 to Contract No. 16 -104 in the amount of $39,905.11 with KPG, Inc. for construction management services for the Crystal Springs Emergency Surface Water Repair project. KPG was selected from three firms due to experience with the City and the project design. Funds will come from the 2016 Annual Small Drainage Program. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 1, 2016 REGULAR CONSENT AGENDA. B. Amendments to Tukwila Municipal Code Title 16, Grading The City's current National Pollutant Discharge Elimination System (NPDES) permit requires the City make Low Impact Development (LID) techniques the preferred and common approach to development and redevelopment. Significant amendments are proposed to Title 16, Grading, of the Tukwila Municipal Code to be consistent with the changes made by the Department of Ecology's requirements . Changes are proposed in the areas of permit applications, erosion and sediment control, standards, inspections and hazard damage. Because the November 15, 2016 meeting will likely be cancelled, the Committee agreed that the draft ordinance including the amendments can go directly to the Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 28, 2016 COMMITTEE OF THE WHOLE. 45 Utilities Committee Minutes September13, 2016 111. MISCELLANEOUS 46 Staff asked for Committee approval to forward the three ordinances relating to the NPDES permit (amending TMC Titles 14,16, and 18) to the November 28, 2016 Committee of the Whole as they are all related and can then move through Council review as a package. The Committee agreed, and Councilmer-nber Kruller requested this be confirmed via formal motion. Motion was made by Councilmember Kruller and seconded by Councilmember McLeod to send all three ordinances tothe November 28, 2016 Committee of the Whole. The ordinance relating to the Zoning Code, Title 18, is scheduled for the Planning Commission on October 27, 2016. Meeting adjourned at 5:56 p.m. Next meeting: Tuesday, October 11, 2016 9r, Committee Chair Approval Minutes by LH, Reviewed by GL City of Tukwila Planning Commission PLANNING COMMISSION (PC) MINUTES Date: October 27, 2016 Time: 6:30 PM Location: Council Chambers Present: Vice Chair, Miguel Maestas; Commissioners, Mike Hansen, Louise Strander, Brooke Alford and Nhan Nguyen Absent: Chair, Sharon Mann and Commissioner Dennis Martinez Staff: Nora Gierloff, Deputy Director; and Wynetta Givens, Planning Commission Secretary, Greg Villanueva, NPDES Coordinator and Ryan Larson, Senior Engineer Vice -Chair Maestas called the public hearing to order. He asked for a motion to amend the agenda to hear comments from the City's Deputy Police Chief Bruce Linton and Fire Chief Jay Wittwer on the Public Safety Bond Measure prior to the public hearing. Commissioner Strander moved and Commissioner Hanson seconded the motion. All were in favor. Bruce Linton, Deputy Police Chief, City of Tukwila said that he was not present to advocate for the Public Safety Bond Measure but was present to provide some information. He said there has been a lot of questions regarding where the information can be found on the public safety plan. He directed folks to the Tukwila website for information. There are links to a fact sheet, (which were handed out to the Commission), all the presentations provided to Council, a video presentation with a message from the Police and Fire Department and the Court. Deputy Police Chief Linton also offered to answer questions. Jay Wittwer, Fire Chief, City of Tukwila introduced himself and provided some history on his career. Chief Wittwer was available to answer questions. Planning Commission Public Hearing Adoption of Minutes: Commissioner Strander made a motion to adopt the 07/20/16 minutes. Commissioner Maestas seconded the motion and all were in favor. CASE NUMBER: L16 -0050 APPLICANT: City of Tukwila, Department of Public Works REQUEST: Adoption of Low Impact Development Regulations and amendments to TMC Title 18, Zoning, and Title 8.25, Vehicle Storage and Parking on Single Family Residential Property, in order to modify the existing standards for drainage review and design of development projects and institute best management practices for controlling pollution from potentially pollution—generating activities. LOCATION: City -Wide Vice -Chair Maestas opened the public hearing and swore in those wishing to provide testimony. 47 Page 2 Public Hearing Minutes October27, 2016 Greg Villanueva, National Pollutant Discharge Elimination Systems (NPDES) Coordinator, City of Tukwila noted that the PC agenda packet staff report was prepared by Moira Bradshaw on amending the City's codes for required Low Impact Development (LID). Mr. Villanueva provided background on why the City is required to incorporate LID into its development codes. As the 1\IPDES Coordinator he is responsible for management and implementation of the NPDES Phase II Permit. The Permit authorizes discharge of the surface water bodies of the state, Green River, and Duwamish River. The Permit requires all Washington state cities: 1) To update their codes and make effective LID principles and LID Best Management Practices, which involves amending Title 14 by adopting the 2016 King County Surface Water Design Manual and the 2016 Stormwater Pollution Prevention Manual, which the Public Works Department is currently doing. 2) Amend Title 16 Building and Construction, specifically 16.54 grading, which is currently being done. 3) And before the Commission tonight, Title 18, Zoning and Title 8.25 Vehicle Storage and Parking on Single Family Residential Property. Mr. Villanueva introduced Trista Kobluskie, with Otak Consultants, who the City contracted with to help with implementation of LID into the City's code. Trista Kobluskie, Stormwater Planner, Otak Consultants gave a presentation on LID and noted the following: • Why the code is being amended to incorporate LID? The municipal stormwater permit requires it. The goal is to make low impact development; the preferred and commonly used approach to site development in the city, which should replace the traditional way of developing sites if possible. This goal is required to be met by December 31, 2016, and implemented at the beginning of 2017 for development proposals. • What is LID? It's a set of site development principles; it prioritizes retention of native vegetation; reduction of impervious surfaces and managing stormwater close to its source. • Intent? To disturb less land, generate Iess stormwater, and have a smaller impact on receiving waters. • Technique Examples — parking area reduction; dedicating less land to automobile use; limiting development coverage or impervious surface coverage. • Some techniques to manage stormwater close to its source — bioretention, known as rain gardens; or permeable pavement • The goal of LID is to create an urban landscape that still functions with a natural hydrologic process. The Process used to get where we are today: • The Department of Ecology produced a guideline book, which the City followed. • Involvement and resources - Department of Community Development, Public Works, the Fire Marshal, Public Safety, City Attorney, and ordinances to determine what is appropriate for Tukwila. • Ecology requires participation from officials and community stakeholders because the scope of the changes is potentially large. • The following code titles were reviewed — 8, 14, 16, 17, and 18 which is the purpose of the public hearing. Ms. Kobluskie also provided a summary of her findings during review, such as Comp PIan goal 4.13, promotion of tree retention through the City, which she said was the most sought after goal of LTD. • There have been several public outreach efforts throughout this process. A summary of proposed amendments was provided. It was noted that no changes are currently being proposed for the tree regulations as they are subject to amendrnents in a separate process to follow. 48 Page 3 Public Hearing Minutes October 27, 206 Commissioner Hansen requested a walk- though of the proposed code amendments Iisted in the ordinance. Ms. Kobluskie addressed several questions for the Commission. Commissioner Strander made an inquiry on material surface use if a single - family resident were remodeling their driveway. Staff noted pervious concrete or pavement is going to be placed where feasible. ACTION ITEMS (2): Commissioner Hansen asked staff to clean up the language under section 18.50.085, Maximum Percent Development Area Coverage, paragraph C. Commissioner Alford recommended more flexibility for plant material requirements beyond the City's bioretention plant list. Commissioner Hansen suggested some revisions to the language regarding planting material. Russ Gaston, Engineer, Otak Consultant, responded to inquiries from the Commissioners. Ryan Larson, Senior Engineer, City of Tukwila also responded to inquiries from the Commissioners. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. Commissioner Hansen made a motion recommending adoption of Case Number L16 -0050, proposed ordinance code amendments. And the additional revised amendment, Section 1 I, C,12 to read: 'Plant material requirements for bioretention facilities shall be in accordance with the City's bioretention plant list, unless approved by the Director.' And forward to City Council for their approval. Commissioner Alford seconded the motion. All were in favor. Director's Report: • PC will meet 2nd Thursdays in November and December due to the holidays • An update of up- coming projects was given. The Landscaping Code Update is on the November 10 PC agenda. • The Congress for New Urbanism is holding their national conference in Seattle in 2017 and are doing a public service project in the city of the conference. The City applied to have these national experts look at the Tukwila International Blvd Transit Oriented Development. The City was approved and there will be a charrette for the City. On Feb 23 -26 recommendations will be provided on physical design, code and policy changes the City could make in order to implement the vision laid out in the Comprehensive Plan. They will hold a series of workshops with community and stakeholder involvement. They will also give a presentation on their recommendations during the conference. • Revision to the By -Laws in progress and will come to the PC for their review. Adjourned: 8:35 PM Submitted by: Wynetta Bivens Planning Commission Secretary 49