HomeMy WebLinkAboutReg 2017-03-06 Item 5B - Ordinances - Landscaping Regulations111ilials
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SPONSOR'S Update landscaping code to be consistent with Comprehensive Plan urban
SUMMARY forestry/ landscaping goals/policies. Key provisions include: updated standards for plant
materials; requiring parking lot landscaping in heaving industrial areas but allowing
flexibility in its location; requiring and giving credit for retaining significant trees;
establishing maintenance and pruning standards; establishing landscaping modification
criteria; and establishing financial penalties for violations of the Chapter.
Ri:lvii,,wj?t:) ii), ❑ C-0-W. Mtg. Z CDN Conan ❑ Finance Comm. ❑ Public Safety Comm.
❑Trans &Infrastructure [:] arts Corm. [:] Parks Cornin. F-1 Planning Coturn.
DATE: 02/13/17 COMMIT.FFIECHAIR: HOUGARDY
RECOMMENDATIONS:
S11()NSoii /Ai),N1IN. Department of Community Development
COMM "I"" F Forward to the C.O.W.
COST IMPACT / FUND SOURCE
ExIll:NI)YFURF AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
02/27/17
ITEM INFORMATION
ITEM NO.
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I'AFFSPONSOR: CAROL LUMB
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Update of Landscaping Code
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SPONSOR'S Update landscaping code to be consistent with Comprehensive Plan urban
SUMMARY forestry/ landscaping goals/policies. Key provisions include: updated standards for plant
materials; requiring parking lot landscaping in heaving industrial areas but allowing
flexibility in its location; requiring and giving credit for retaining significant trees;
establishing maintenance and pruning standards; establishing landscaping modification
criteria; and establishing financial penalties for violations of the Chapter.
Ri:lvii,,wj?t:) ii), ❑ C-0-W. Mtg. Z CDN Conan ❑ Finance Comm. ❑ Public Safety Comm.
❑Trans &Infrastructure [:] arts Corm. [:] Parks Cornin. F-1 Planning Coturn.
DATE: 02/13/17 COMMIT.FFIECHAIR: HOUGARDY
RECOMMENDATIONS:
S11()NSoii /Ai),N1IN. Department of Community Development
COMM "I"" F Forward to the C.O.W.
COST IMPACT / FUND SOURCE
ExIll:NI)YFURF AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
02/27/17
MTG. DATE
ATTACHMENTS
02/27/17
Informational Memorandum dated 02/07/17, w/ Attachments A-]
Minutes from the CDN Meeting of 2/13/17
Planning Commission Minutes
03/6/17
Ordinances (3)
**NOTE: 3 words "or specimen shrubs" were added to the housekeeping changes in the
1st ordinance (18.52), Page 22 of the ordinance, Table B. These words were intended
to be included and were referenced in last week's packet in Attachment B, page 22
67
RN
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADDING A NEW DEFINITION
RELATED TO TREES TO BE CODIFIED IN TUKWILA
MUNICIPAL CODE CHAPTER 18.06; AMENDING VARIOUS
ORDINANCES AS CODIFIED IN CHAPTER 18.52 OF THE
TUKWILA MUNICIPAL CODE TO RECODIFY VARIOUS
SECTIONS AND TO ESTABLISH NEW LANDSCAPE
REQUIREMENTS; REPEALING VARIOUS ORDINANCE
SECTIONS TO ELIMINATE EXISTING TUKWILA MUNICIPAL
CODE SECTIONS 18.52.035 AND 18.52.040; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's current landscaping standards were adopted in 1999, with
minor amendments since that time; and
WHEREAS, new Comprehensive Plan goals and policies establish tree canopy goals
for all zoning districts; and
WHEREAS, the Comprehensive Plan recognizes trees for their benefits to the
environment, urban infrastructure and their aesthetic value; and
WHEREAS, Tukwila's streetscapes and landscaped areas should be sustainable and
attractive and its urban forest healthy, diverse and safe; and
WHEREAS, the Comprehensive Plan
developed to require diversity of tree species
species already present in the vicinity; and
directs that new landscape standards be
in landscape plantings and consideration of
WHEREAS, the Comprehensive Plan requires the establishment of minimum
standards and specifications to ensure long-term tree health for street trees and required
landscape trees including minimum soil volume, soil quality, plant quality, planting
techniques, irrigation, mulching, and tree pruning; and
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•.1-01
WHEREAS, the Comprehensive Plan directs that flexibility be included in the
landscape code to promote increased tree planting and reward the preservation of existing
healthy trees; and
WHEREAS, the Comprehensive Plan directs that opportunities be identified to
increase tree canopy in parking lot landscaping; and
WHEREAS, the Comprehensive Plan requires that criteria be established for
professional assessment and corrective actions by property owners who damage code-
required landscaping, street trees, or other required trees by topping, poor pruning
practices or root disturbance; and
WHEREAS, it is important that required replacement trees at maturity have equivalent
or larger canopies than the removed trees, except where existing or future infrastructure
and/or public or private utilities impede the planting of large trees; and
WHEREAS, where required trees cannot be accommodated on-site, procedures for
off-site planting of replacement trees or payment into a dedicated tree replacement fund
should be established; and
WHEREAS, increasing the amount of tree canopy throughout the City supports the
low impact development goals of the Comprehensive Plan and the City's National
Pollution Discharge Elimination System permit; and
WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of
citizens, business representatives, environmental professionals and City officials, met in
September and October 2016 to review and provide guidance on landscaping regulations,
which were forwarded to the Tukwila Planning Commission for review; and
WHEREAS, on November 10, 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 15, 2016, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non-Significance on the proposed
amendments; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of
intent to adopt the proposed revised development regulations was sent to the State of
Washington Department of Commerce and to other state agencies to allow for a review
and comment period, which comment period ended prior to adoption of this ordinance; and
WHEREAS, the Tukwila City Council, following adequate public notice, held a public
hearing on February 27, 2017, to receive testimony concerning the recommendations of
the Planning Commission;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Defective Tree
"Defective Tree" means a tree that meets all of the following criteria:
1. A tree with a combination of structural defects and/or disease that makes it
subject to a high probability of failure; and
2. A tree in proximity to moderate to high frequency targets (persons or
property that can be damaged by tree failure); and
3. The hazard condition of the tree cannot be lessened with reasonable and
proper arboricultural practices nor can the target be removed.
Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part),
as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Hazardous
Tree," is hereby amended to read as follows:
Hazardous Tree
See "Defective Tree."
Section 3. Chapter Title. Ordinance No. 1872 §14 (part), as codified at Tukwila
Municipal Code (TMC) Chapter 18.52, is hereby amended to retitle the chapter as
follows:
CHAPTER 18.52
LANDSCAPE REQUIREMENTS
Sections:
18.52.010 Purpose
18.52.020 Landscaping Types
18.52.030 Perimeter and Parking Lot Landscaping Requirements by Zone
District
18.52.040 Screening and Visibility
18.52.050 Significant Tree Retention
18.52.060 Plant Material Requirements and Tree Standards
18.52.070 Soil Preparation, Planting and Irrigation
18.52.080 Maintenance and Pruning
18.52.090 Landscape Plan Requirements
18.52.100 Request for Landscape Modifications
18.52.110 Violations
Section 4. Repealer. Ordinance Nos. 2442 §2, 2251 §63, 2235 §14 and 1872 §14 (part),
as codified at TMC Section 18.52.035, are hereby repealed.
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Section 5. Repealer. Ordinance Nos. 2251 §64 and 1872 §14 (part), as codified
at TIVIC Section 18.52.040, are hereby repealed.
Section 6. TIVIC 18.52.010 Amended. Ordinance No. 1872 §14 (part), as codified
at TIVIC Section 18.52.010, "Purpose," is hereby amended to read as follows:
18.52.010 Purpose
The purpose of this chapter is to establish minimum requirements for landscaping to:
• Implement the Urban Forestry Comprehensive Plan goals and policies by
increasing tree canopy throughout the City to improve air quality; promote the
health of residents, visitors and employees; and reduce heat islands and
stormwater flows.
• Support the low impact development goals of the Comprehensive Plan and the
City's National Pollution Discharge Elimination System permit.
• Promote safety.
• Provide screening between incompatible land uses.
• Mitigate the adverse effects of development on the environment.
• Improve the visual environment for both residents and nonresidents.
• Regulate the protection of existing landscaping.
• Establish requirements for the long-term maintenance of required landscaping.
• Establish procedures for modifying landscaping requirements and penalties for
violations of the landscaping code.
Section 7. TIVIC 18.52.030 Amended and Recodified to TIVIC 18.52.020.
Ordinance Nos. 2251 §62 and Ord. 1872 §14 (part), as codified at TIVIC Section
18.52.030, "Perimeter Landscape Types," are hereby amended to recodify this section as
TIVIC Section 18.52.020, which shall read as follows:
18.52.020 Landscaping Types
A. General Standards for All Landscaping Types.
1. Trees.
a. Trees shall be spaced based on the stature tree selected (small,
medium or large stature of tree), excluding curb cuts and spaced regularly, except
where there are conflicts with utilities.
b. Large and medium stature tree species are required, per the Tukwila
Approved Tree List, except where there is insufficient planting area (due to proximity to
a building, street light, above or below ground utility, etc.) or the planned tree location
does not permit this size tree at maturity.
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2. Shrubs. Shrubs shall be spaced based on the mature size of the plant
material selected and shall achieve a continuous vertical layer within 3 years. The
shrubs will provide 4 feet clearance when mature when adjacent to any fire hydrant or
fire department connection.
3. Groundcover.
a. Sufficient live groundcovers of varying heights, colors and textures to
cover, within 3 years, 100% of the yard area not needed for trees and shrubs.
b. If grass is being used as the groundcover, a 4-foot diameter ring of
bark mulch is required around each tree.
4. Bioretention may be used as a Type I or 11 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.
5. The amount of landscaping on commercially-zoned properties may be
reduced by 15% if buildings are moved to the front of the site with no parking between the
building and the front landscaping, to create a more pedestrian-friendly site design.
B. Type I — Light Perimeter Screening.
1. The purpose of Type I landscaping 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. Trees: A mix of deciduous and evergreen trees.
b. One shrub per 7 linear feet.
c. Groundcover.
C. Type 11 — Moderate Perimeter Screening.
1. The purpose of Type 11 landscaping 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. Trees: A mix of deciduous and evergreen trees.
b. One shrub per 4 linear feet, excluding curb cuts.
c. Groundcover.
D. Type III — Heavy Perimeter Screening.
1. The purpose of Type III landscaping is to provide extensive visual
separation along property lines between highly incompatible development, such as
warehousing and residential uses.
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2. Plant materials shall consist of the following:
a. Trees consisting of at least 50% evergreen along the applicable
property line (75% along property line adjacent to residential uses).
b. Privacy screen utilizing evergreen shrubs, screening walls or fences
(up to 7 feet tall).
c. Groundcover.
E. Parking Lot Landscaping. This landscaping is required to mitigate adverse
impacts created by parking lots such as noise, glare, stormwater run-off, and increased
heat and to improve their physical appearance.
1. Trees shall be evenly distributed throughout the parking lot. Planting in
continuous, landscaped planting strips between rows of parking is encouraged. Surface
water management design may also be combined with landscaping in parking lots. In
industrial districts (C/LI, LI, HI, MIC/L, MIC/H), clustering of interior parking lot
landscaping may be permitted to accommodate site usage.
2. Landscape islands.
a. Landscape islands must be a minimum of 6 feet wide, exclusive of
overhang, and a minimum of 100 square feet in area. All landscaped areas must be
protected from damage by vehicles through the use of curbs, tire stops, or other
protection techniques.
b. Landscape islands shall be placed at the ends of each row of parking
to protect parked vehicles from turning movements of other vehicles.
c. The number and stature of trees shall be based on the area available
in the landscape island. A minimum of one large stature evergreen or deciduous tree or
two medium stature trees are required for every 100 square feet of landscaped island,
with the remaining area to contain a combination of shrubs, living groundcover, and
mulch.
Cl. For parking lots adjacent to public or private streets, if landscape
islands are designed into the parking lot layout to divide continuous rows of parking
stalls, the islands must be placed at minimum spacing of 1 for every 10 parking spaces.
For parking areas located behind buildings or otherwise screened from public or private
streets or public spaces, if landscape islands are used, islands shall be placed at a
minimum of 1 for every 15 parking stalls. 1
3. Bioretention, which includes trees, shrubs and groundcover, may be used
to meet interior parking lot landscaping requirements. The bioretention facility must be
designed by a professional trained or certified in low impact development techniques as
set forth in TIVIC Chapter 14.30. All bioretention facilities must be protected by curbing
to prevent vehicle damage to the facility and for public safety.
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4. Vehicular Overhang.
a. Vehicle overhang into any landscaping area shall not exceed two feet.
b. No plant material greater than 12 inches in height shall be located
within two feet of the curb or other protective barrier in landscape areas adjacent to
parking spaces and vehicle use areas.
c. Raised curbs or curb stops shall be used around the landscape islands
or bioretention facilities 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.
5. Pervious pavement shall be used, where feasible, including parking spaces
and pedestrian paths.
6. Parking lot landscape design shall accommodate pedestrian circulation.
F. Street Trees in the Public Frontage.
1. Street tree spacing.
a. Street tree spacing in the public frontage shall be as specified in TMC
Section 18.52.060.6.2. based on the stature size of the tree.
b. Spacing must also consider sight distance at intersections, driveway
locations, and utility conflicts as specified in TMC Section 18.52.060.B.3.
c. Street trees in the public frontage shall be planted using the following
general spacing standards:
(1) At least 3-1/2 feet back from the face of the curb.
front for access).
(2) At least 5 feet from underground utility lines.
(3) At least 10 feet from utility poles.
(4) At least 7-1/2 feet from driveways.
(5) At least 3 feet from pad-mounted transformers (except 10 feet in
(6) At least 4 feet from fire hydrants and connections.
d. Planting and lighting plans shall be coordinated so that trees are not
planted in locations where they will obstruct existing or planned street or site lighting,
while maintaining appropriate spacing and allowing for their size and spread at maturity.
e. Planting plans shall consider the location of existing or planned
signage to avoid future conflicts with mature trees and landscaping.
2. Tree grates.
a. Tree grates are not encouraged, but when used, shall be designed so
that sections of grate can be removed incrementally as the tree matures and shall be
designed to avoid accumulation of trash.
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b. When used, tree grates and landscaped tree wells shall be a minimum
36 square feet in size (6' x U). Tree well size may be adjusted to comply with ADA
standards on narrower sidewalks. See TIVIC Section 18.52.070.A.1., "Soil Preparation
and Planting," for structural soil requirements. Root barriers may be installed at the
curb face if structural soils are not used.
3. Maintenance and Pruning.
a. Street trees are subject to the planting, maintenance, and removal
standards and Best Management Practices (BMPs) as adopted by the International
Society of Arboriculture, as it now reads and as hereafter amended. Street trees
planted prior to the adoption of the most current tree planting standards shall be exempt
from these planting standards but are still subject to current removal and maintenance
standards.
b. The following standards apply to street tree maintenance:
(1) Street trees shall be maintained consistent with International
Society of Arboriculture BMPs.
(2) Street trees shall be maintained in a manner that does not impede
public street or sidewalk traffic, consistent with the specifications in the Public Works
Infrastructure Design Manual, including:
streets.
(a) 8 feet of clearance above public sidewalks.
(b) 13 feet of clearance above public local and neighborhood
(c) 15 feet of clearance above public collector streets.
(d) 18 feet of clearance above public arterial streets.
(3) Street trees shall be maintained so as not to become a defective
tree as per the definition in TIVIC Chapter 18.06.
4. Trees planted in a median shall be appropriate for the planting environment
and meet the following requirements:
a. Trees shall be consistent with previously approved median tree plans,
given space constraints for roots and branches at maturity.
b. Median plantings shall provide adequate species diversity Citywide
and reasonable resistance to pests and diseases.
c. Columnar trees may be considered for median plantings to avoid
conflicts with vehicles and utilities.
d. Structural soils shall be used to avoid the need for root barriers and to
ensure the success of the median plantings.
e. Any median tree that is removed must be replaced within the same
median unless spacing constraints exist. Replacement trees shall be of the same
stature or greater at maturity as the removed tree, consistent with other space
considerations.
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Section 8. TMC 18.52.020 Amended and Recodified to TMC 18.52.030.
Ordinance Nos. 2442 §1, 2251 §61, 2235 §13 and 1872 §14 (part), as codified at TMC
Section 18.52.020, "Perimeter Landscaping Requirements by Zone District," are hereby
amended to recodify this section as TMC Section 18.52.030, which shall read as
follows:
18.52.030 Perimeter and Parking Lot Landscaping Requirements by Zone District
In the various zone districts of the City, landscaping in the front, rear and side yards
and parking lots shall be provided as established by the various zone district chapters of
this title. These requirements are summarized in the following table (Table A), except
for Tukwila Urban Center (TUC) requirements, which are listed in TMC Chapter 18.28.
TABLE A — Perimeter and Parking Lot Landscaping Requirements by Zone
District
ZONING
FRONT YARD
LANDSCAPE
LANDSCAPE
LANDSCAPE
LANDSCAPE
LANDSCAPING
DISTRICTS
(SECOND
TYPE FOR
FOR SIDE
FOR REAR
TYPE FOR
FOR
FRONT)
FRONTS
YARD
YARD
SIDE/REAR
PARKING LOTS
(linear feet)
(linear feet)
(linear feet)
(square feet)
ILDR
152
Type
10
10
Type
20 per stall for
(for uses other
non-residential
than
uses; 15 per
residential)
stall if parking is
placed behind
building
MDR
151, 2.11
Type
10
10
Type
Same as LDR
HDR
151,2,11
Type
10
10
Type
Same asLDR
MUO
15 (12,5)211
Type 17
64
64,11
Type 17
20 per stall
adjacent to
street; 15 per
stall if parking is
placed behind
building
0
15(12.5)2
Type 17
64
64
Type 17
Same as MUO
RCC
20(10)2,3
Type 17
64
loll
Type 11
Same as MUO
NCC
104,11
Type 17,13
04
04,11
Type 11
Same as MUO
RC
10
Type 113
64
04
Type 118
Same as MUO
RCM
10
Type 1
64
04
Type 118
Same as MUO
C/LI
15
Type 16
65,12
05,12
Type 118
15 per stall;
10 per stall for
parking placed
behind buildinq
LI
152
Type 11
04,12
04,12
Type 111
15 per stall;
10 per stall for
parking placed
behind building
HI
152
Type 11
04,12
04,12
Type 111
15 per stall_
MIC/L
105
Type 11
05,12
05,12
Type 111
10 per stall
MIC/H
105
Type 11
05,12
05,12
Type 111
10 per stall
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ZONING
FRONT YARD
LANDSCAPE
LANDSCAPE
LANDSCAPE
LANDSCAPE
LANDSCAPING
DISTRICTS
(SECOND
TYPE FOR
FOR SIDE
FOR REAR
TYPE FOR
FOR
FRONT)
FRONTS
YARD
YARD
SIDE/REAR
PARKING LOTS
(linear feet)
(linear feet) _
(linear feet)
(square feet
TUC — See TIVIC Chapter 18.28
TVs
152,3
Type II
04
04
Type III
Same as C/LI
TSO
152,9
Type
010
010
Type III
Same as C/LI
Notes:
1. Minimum required front yard landscaped areas in the MDR and HDR zones
may have up to 20% of their required landscape area developed for pedestrian and
transit facilities subject to the approval criteria in TIVIC Section 18.52.100.B.
2. In order to provide flexibility of the site design while still providing the full
amount of landscaping required by code, the front yard landscape width may be divided
into a perimeter strip and one or more other landscape areas between the building and
the front property line if the perimeter strip is a minimum of 10 feet and the landscape
materials are sufficient to provide landscaping along the perimeter and screening of the
building mass.
3. Required landscaping may include a mix of plant materials, pedestrian
amenities and features, outdoor caf6-type seating and similar features, subject tothe
approval criteria in TMC Section 18.52.100.B. Bioretention may also be used as
required landscaping subject to the approval criteria in TIVIC Section 18.52.100.E.
Required plant materials will be reduced in proportion to the amount of perimeter area
devoted to pedestrian-oriented space.
4. Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR
5. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR
6. Increased to Type 11 if the front yard contains truck loading bays, service
areas or outdoor storage.
7. Increased to Type 11 if any portion of the yard is within 50 feet of LDR, MDR
or HDR.
8. Increased to Type III if any portion of the yard is within 50 feet of LDR,
MDR or HDR.
9. Only required along public streets.
10. Increased to 10 feet if adjacent to residential uses or non-TSO zoning.
11. In the MDR and HDR districts and other districts where multifamily
development is permitted, a community garden may be substituted for some or all of the
landscaping. In order to qualify, a partnership with a nonprofit (501(c)(3)) with
community garden expertise is required to provide training, tools and assistance to
apartment residents. Partnership with the nonprofit with gardening expertise is required
throughout the life of the garden. If the community garden is abandoned, the required
landscaping must be installed. If the garden is located in the front landscaping, a
minimum of 5 feet of landscaping must be placed between the garden and the street.
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12. To accommodate the types of uses found in the C/Ll, LI, HI and MIC
districts, landscaping may be clustered to permit truck movements or to accommodate
other uses commonly found in these districts if the criteria in TMC Section 18.52.100.D
are met.
13. For NCC and RC zoned parcels in the Tukwila International Boulevard
District, the front landscaping may be reduced or eliminated if buildings are brought out
to the street edge to form a continuous building wall, and if a primary entrance from the
front sidewalk as well as from off-street parking areas is provided.
Section 9. Regulations Established. A new TMC Section 18.52.040, "Screening
and Visibility," is hereby established to read as follows:
18.52.040 Screening and Visibility
A. Screening.
1. Screening of outdoor storage, mechanical equipment and garbage storage
areas and fences:
a. Outdoor storage shall be screened from abutting public and private
streets and from adjacent properties. Such screens shall be a minimum of 8 feet high
and not less than 60% of the height of the material stored. The screens shall be
specified on the plot plan and approved by the Community Development Director. In
the MDR and HDR zones, outdoor storage shall be fully screened from all public
roadways and adjacent parcels with a high obscuring structure equal in height to the
stored objects and with a solid screen of exterior landscaping.
b. Ground level mechanical equipment and garbage storage areas shall
be screened with evergreen plant materials and/or fences or masonry walls.
c. Fences. All fences shall be placed on the interior side of any required
perimeter landscaping.
2. A mix of evergreen trees and evergreen shrubs shall be used to screen
blank walls.
3. Evergreen shrubs and evergreen trees shall be used for screening along
rear property lines, around solid waste/recycling areas, utility cabinets and mechanical
equipment, and to obscure grillwork and fencing associated with subsurface parking
garages. Evergreen shrubs and trees shall be pruned so that 18 inches visibility at the
base is maintained.
B. Visibility.
1. Design of new landscaping and maintenance of existing landscaping shall
consider Crime Prevention Through Environmental Design (CPTED) principals and
visibility for safety and views. Appropriate plant species shall be specified to avoid the
need for excessive maintenance pruning.
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We,
2. Landscaping shall not obstruct views from or into building windows, the
driveway, sidewalk or street. Landscape design shall allow for surveillance from streets
and buildings and avoid creating areas that might harbor criminal activity.
3. Landscaping at crosswalks and other locations where vehicles and
pedestrians intersect must not block pedestrians' and drivers' views.
4. In general, deciduous trees with open branching structures are
recommended to ensure visibility to retail establishments. More substantial shade trees
or evergreens are recommended in front of private residences.
Section 10. Regulations Established. A new TIVIC Section 18.52.050,
"Significant Tree Retention," is hereby established to read as follows:
18.52.050 Significant Tree Retention
A. All significant trees located within any required landscape area that are not
dead, dying, diseased, or a nuisance species, as identified in the Tukwila Approved
Tree List, and that do not pose a safety hazard or conflict with overhead utility lines as
determined by the City or an ISA certified arborist, shall be retained and protected
during construction with temporary fencing or other enclosure, as appropriate to the site
and following Best Management Practices for tree protection (see TIVIC Chapter 18.54).
B. Retained significant trees may be counted towards required landscaping. For
each 2% of effective canopy cover provided by preserved trees incorporated into a
development plan, a 2% reduction in the minimum landscape requirement may be
granted. No more than 20% of the minimum landscape requirement may be reduced
for any one development. Approval is required per TIVIC Section 18.52.100.
C. The area designated for protection will vary based on the tree's diameter,
species, age, and the characteristics of the planted area, and Best Management
Practices for protection shall be utilized (see TIVIC Chapter 18.54). Property owners
may be required to furnish a report by an ISA certified arborist to document a tree's
condition if a tree is to be retained. The Director may require that an ISA certified
arborist be retained to supervise tree protection during construction. Grade changes
around existing trees within the critical root zone are not allowed.
Section 11. Regulations Established. A new TIVIC Section 18.52.060, "Plant
Material Requirements and Tree Standards," is hereby established to read as follows:
18.52.060 Plant Material Requirements and Tree Standards
A. Plant Material Requirements.
1. Plants shall meet the American Standard for Nursery Plant Stock
(American Nursery and Landscape Association-ANLA) (ANSI Z60.1) as it now reads
and as hereafter amended, 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, pre-planting or on-site storage, lack of
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Firs,
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 (i.e. hardened-off).
2. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
3. Deciduous trees shall have at least a 2-inch caliper at time of planting as
measured 4.5 feet from the ground, determined according to the American Standard for
Nursery Stock as it now reads and as hereafter amended.
4. Shrubs shall be at least 18 inches in height, and full and bushy at time of
planting.
5. New plant materials shall include native species or non-native species with
lower water requirements and that are adapted to the climatic conditions of the Puget
Sound Region. There must be a diversity of tree and shrub genus and species in the
site landscaping, taking into account species in existing development around the site.
a. If there are more than 8 required trees, no more than 40 percent may
be of one species.
b. If there are more than 24 required trees, no more than 20 percent may
be of one species.
c. If there are more than 25 required shrubs, no more than 50 percent
may be of one species.
6. Any species that is listed on the State of Washington or King County
noxious weed lists or otherwise known to be a nuisance or invasive shall not be planted.
7. Plant materials shall be selected that reinforce the landscape design
concept, and are appropriate to their location in terms of hardiness, cultural
requirements, tolerance to urban conditions, maintenance needs and growth
characteristics.
8. 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, as it now reads and as hereafter amended.
9. Plant material requirements for bioretention facilities shall be in accordance
with the City's Bioretention Plant List, unless approved by staff.
10. Non-developed site areas, such as utility easements, shall be landscaped
and/or treated with erosion control planting or surfacing such as evergreens,
groundcover, shrubs, trees, sod or a combination of similar materials. In areas with
overhead utility lines, no shrubs or trees shall be allowed that could mature over 20 feet
in height. Trees should not be planted within 10 feet of underground utilities, such as
power, water, sewer or storm drainage pipes.
B. Tree Standards.
1. Tree species shall be appropriate for the planting environment as
determined by the Department Director in consultation with the City environmentalist
and shall seek to achieve a balance of the following:
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Plant List.
a. Consistency with Tukwila Approved Tree List or the City's Bioretention
b. Compatibility with space constraints for roots and branches at maturity.
c. Adequate species diversity Citywide and reasonable resistance to
pests and diseases.
2. Trees shall be provided adequate spacing from new and existing trees
according to the following standards wherever possible:
a. Trees categorized as small stature on the tree list shall be spaced no
greater than 20 feet on center and not closer than 15 feet on center from other newly
planted or existing trees.
b. Trees categorized as medium stature on the tree list shall be spaced
no greater than 30 feet on center and not closer than 20 feet on center from other newly
planted or any existing trees.
c. Trees categorized as large stature on the tree list shall be spaced no
greater than 40 feet on center and not closer than 30 feet on center from other newly
planted or existing trees.
d. Any tree determined to have a mature spread of less than 20 feet (a
columnar or fastigiate variety) is discouraged except under specific conditions and shall
be considered a small stature tree and spaced accordingly.
3. Trees shall be placed according to the following standards:
a. Small stature trees shall be planted with the center of their trunks a
minimum of 2 feet from any hard surface paving.
b. Medium stature trees shall be planted with the center of their trunks a
minimum of 2.5 feet from any hard surface paving.
c. Large stature trees shall be planted with the center of their trunks a
minimum of 3 feet from any hard surface paving.
d. Trees shall generally be planted a minimum of:
(1) 4 feet on center from any fire hydrant, above-ground utility or utility
(2) 2 feet on center from any underground utility;
(3) 5 feet on center from a street light standard;
(4) 20 feet from a street intersection; however, a greater or lesser
corner setback may be required based on an analysis of traffic and pedestrian safety
impacts.
(5) 5 to 10 feet from building foundations depending on species.
4. Where there are overhead utility lines, the tree species selected shall be of
a type which, at full maturity, will not interfere with the lines or require pruning to
maintain necessary clearances.
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M.
5. Root barriers may be installed according to the manufacturer's
specifications when a tree is planted within 5 feet of any hard surface paving or utility
feature and in areas where structural soil is not required, subject to approval by the
Department Director in consultation with the City's environmentalist.
6. Low water usage species are encouraged in order to minimize future
irrigation requirements, except where site conditions within the required landscape
areas ensure adequate moisture for growth.
7. Shade trees should be planted to shade buildings' east- and west-facing
windows to provide a balance between summer cooling and winter heating through
solar gain.
Section 12. Regulations Established. A new TIVIC Section 18.52.070, "Soil
Preparation, Planting and Irrigation," is hereby established to read as follows:
18.52.070 Soil Preparation, Planting and Irrigation
A. Soil Preparation and Planting.
1. For landscaping in sidewalks and parking lots, or in limited areas of soil
volume, structural soils (Cornell University 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 cubic feet per tree
(see specifications and sample plans for CU-Structural Soils). Trees and other
landscape materials shall be planted according to specifications in "CU Structural Soils
— A Comprehensive Guide," as it now reads and as hereafter amended, or using current
Best Management Practices (BMPs) as approved by the Director. Suspended
pavement systems (Silva Cells or similar) may also be used if approved by the Director.
2. 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 TIVIC Chapter 14.301 to promote a proper functioning bioretention system. These
specifications shall be adhered to regardless of whether a stormwater permit is required
from the City.
3. For all other plantings (such as large planting areas where soil volumes are
adequate for healthy root growth), soils must be prepared for planting in accordance
with BMP T5.13, "Post Construction Soil Quality and Depth," from the Washington
Department of Ecology Stormwater Management Manual for Western Washington (as it
now reads and as hereafter amended), regardless of whether a stormwater permit is
required by the City.
4. 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. Soil must be
amended, tilled and prepped to a depth of at least 12 inches.
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5. Installation of landscape plants must comply with BMPs including:
a. Planting holes that are the same depth as the size of the root ball and
two to three times wider than the root ball.
b. Root balls 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. All burlap and all straps or wire baskets must be removed from B&B plants
prior to planting.
c. The top of the root flare, where the roots and the trunk begin, should
be placed at grade. The root ball shall not extend above the soil surface and the flare
shall not be covered by soil or mulch.
d. If using mulch around trees and shrubs, maintain at least a 6-inch
mulch-free ring around the base of the tree 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.
B. Irrigation.
1. The intent of this standard is to ensure that plants will survive the critical
establishment period when they are most vulnerable due to lack of watering and to
ensure their long term viability.
2. All required plantings must be served by a permanent automatic irrigation
system, unless approved by the Director.
a. Irrigation shall be designed to conserve water by using the best
practical management techniques available, including BMPs, for daily timing of irrigation
to optimize water infiltration and conservation. These techniques may include, but not
be limited to: drip irrigation (where appropriate) to minimize evaporation loss, moisture
sensors to prevent irrigation during rainy periods, automatic controllers to ensure proper
duration of watering, sprinkler head selection and spacing designed to minimize
overspray, and separate zones for turf and other landscaping and for full sun exposure
and shady areas to meet watering needs of different sections of the landscape.
b. Exceptions to the irrigation requirement may be approved by the
Director, such as xeriscaping (i.e., low water usage plantings), plantings approved for
low impact development techniques, established indigenous plant material, or
landscapes where natural appearance is acceptable or desirable to the City. However,
those exceptions will require temporary irrigation until established.
3. All temporary irrigation must be removed at the end of the 3-year plant
establishment period.
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Section 13. Regulations Established. A new TMC Section 18.52.080,
"Maintenance and Pruning," is hereby established to read as follows:
18.52.080 Maintenance and Pruning
A. Any landscaping required by this chapter shall be retained and maintained by
the property owner for the life of the development in conformance with the intent of the
approved landscape plan and this chapter. Maintenance shall also include keeping all
planting areas free of weeds and trash and replacing any unhealthy or dead plant
materials.
B. Green roofs or rooftop gardens shall be maintained to industry standards and
any dead or dying plant material replaced.
C. Pruning of trees and shrubs is only allowed for the health of the plant material,
to maintain sight distances or sight lines, or if interfering with overhead utilities. All
pruning must be done in accordance with American National Standards Institute (ANSI)
A-300 specifications, as it now reads and as hereafter amended.
D. No tree planted by a property owner or the City to fulfill landscape
requirements, or any existing tree, may be topped or removed without prior approval
from the City. Any tree topped or removed without approval shall be subject to code
enforcement action per TMC Chapter 8.45 in addition to the requirements of TMC
Section 18.52.110, "Violations."
E. Private property owners shall collect and properly dispose of all landscaping
debris. Private property landscaping debris shall not be placed or blown into the public
right-of-way for City collection. Violations will be subject to code enforcement action per
TMC Chapter 8.45.
F. As trees along the street frontages mature, they shall be limbed up, using
proper ISA pruning techniques, to a minimum height of 8 to 18 feet depending on
location of tree (over sidewalk, adjacent to road, etc.) to allow adequate visibility and
clearance for vehicles. Trees may be pruned to improve views of signage and
entryways by using such techniques as windowing, thinning, and limbing up; however,
no more than 1/4 of the canopy may be removed within any 2-year period. All pruning
shall be done in accordance with ANSI Standard A-300 specifications, as it now reads
and as hereafter amended.
G. Trees may only be pruned to lower their height to prevent interference with an
overhead utility line with prior approval by the Director. The pruning must be carried out
under the direction of an ISA certified arborist. The crown shall be maintained to at
least 2/3 the height of the tree prior to pruning. Otherwise, trees shall not be topped.
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Section 14. TMC 18.52.050 Amended and Recodified to TMC 18.52.090.
Ordinance Nos. 2368 §53, 2251 §65, 1971 §19 and 1872 §14 (part), as codified at TMC
Section 18.52.050, "Landscape Plan Requirements," are hereby amended to recodify
this section as TMC Section 18.52.090, which shall read as follows:
18.52.090 Landscape Plan Requirements
A. Landscape plan design shall take into consideration the mature size of
proposed landscape materials to minimize the future need for pruning (i.e. placement
such that mature trees and shrubs will not cause problems for foundations, obscure
signage, grow too close to overhead or underground utility lines, obstruct views of
traffic, etc.).
B. A Washington State licensed landscape architect or other accredited landscape
design professional shall prepare the landscape plans in accordance with the standards
herein. Detailed plans for landscaping and screening shall be submitted with plans for
building and site improvements. The plans shall, at a minimum, include the type,
quantity, spacing and location of plants and materials; typical planting details; soil
amend ment/i nsta I lation - tree protection details as applicable; and the location of
irrigation systems and significant trees within 20 feet of the property line on adjacent
properties. Underground and at-ground utilities shall be shown on the plans so that
planting conflicts are avoided. A detailed list of items to be included on the landscape
plan is available in the Landscape Plan handout, available on-line or at the offices of the
Department of Community Development.
C. Installation of the landscaping and screening shall be completed and a
Landscaping Declaration submitted by the owner or owner's agent prior to issuance of
the Certificate of Occupancy. Any plant substitutions shall be noted on the Declaration.
If necessary, due to weather conditions or construction scheduling, the installation may
be postponed to the next planting season (October — April) if approved by the Director
and stated on the building permit. A performance assurance device equal to 150% of
the cost of the labor and materials must be provided to the City before the deferral is
approved.
Section 15. Regulations Established. A new TMC Section 18.52.100, "Request
for Landscape Modifications," is hereby established to read as follows:
18.52.100 Request for Landscape Modifications
A. The following modifications to the requirements of this chapter may be
considered either as a Type 2, Special Permission Director decision, or through design
review if the project is subject to that process.
1. Modifications to the requirements of Type 1, 11, or III landscaping, including
but not limited to the use of the landscape area for pedestrian and transit facilities,
landscape planters, rooftop gardens or green roofs, terraced planters or green walls, or
revisions to existing landscaping.
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2. Clustering and/or averaging of required landscaping. The landscape
perimeter may be clustered if the total required square footage is achieved, unless the
landscaping requirement has been increased due to proximity to LDR, MDR or HDR. In
addition, up to 50% of the perimeter landscaping may be relocated to the interior
parking to provide more flexibility for site organization.
3. Substitution of bioretention facility for required landscaping for Type I or 11
landscaping. Landscaping in a bioretention facility that includes trees, shrubs and
groundcover may be counted up to 100% towards required landscaping depending on
the location, type of bioretention facility proposed and proposed use.
4. Credit for retained significant trees towards landscaping requirement.
B. The following criteria apply to requests to modify required landscaping.
Modifications to landscaping requirements may be approved only if the following criteria
are met:
1. The modification or revision does not reduce the landscaping to the point
that activities on the site become a nuisance to neighbors; and
2. The modification or revision does not diminish the quality of the site
landscape as a whole; and
3. One or more of the following are met:
a. The modification or revision more effectively screens parking areas
and blank building walls; or
b. The modification or revision enables significant trees or existing built
features to be retained; or
c. The modification or revision is used to reduce the number of driveways
and curb cuts and allow joint use of parking facilities between neighboring businesses;
or
d. The modification or revision is used to incorporate pedestrian or transit
facilities; or
e. The modification is for properties in the NCC or RC districts along
Tukwila International Boulevard, where the buildings are brought out to the street edge
and a primary entrance from the front sidewalk as well as from off-street parking areas
is provided; or
f. The modification is to incorporate alternative forms of landscaping
such as landscape planters, rooftop gardens, green roof, terraced planters or green
walls; or
g. The modification is to incorporate a community garden, subject to the
provisions of TIVIC Section 18.52.030, Note 11.
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F-*YA
C. Revisions to existing landscaping may be approved only if the following criteria
are met:
1. The modification or revision does not reduce the landscaping to the point
that activities on the site become a nuisance to neighbors; and
2. The modification or revision does not diminish the quality of the site
landscape as a whole; and either
a. Proposed vegetation removal, replacement, and any mitigation
measures proposed are consistent with the purpose and intent given in this chapter; or
b. The granting of an exception or standard reduction will not be
detrimental to the public health, safety or welfare or injurious to other property in the
vicinity.
3. In addition, if trees are removed due to conflicts with utilities, these trees
shall be replaced based on the tree replacement table (Table C) in TIVIC Chapter
18.52.110.
D. Clustering or perimeter averaging of landscaping may be considered if:
1. It does not diminish the quality of the site landscape as a whole; and
2. It does not create a nuisance to adjacent properties; and
3. If adjacent to residential development, the impacts from clustering are
minimized; and
4. One or more of the following criteria are met:
a. Clustering or perimeter averaging of plant material allows more
effective use of the industrial property; or
b. Clustering or perimeter averaging of landscaping enables significant
trees to be retained; or
c. Clustering or perimeter averaging is used to reduce the number of
driveways and curb cuts and/or allow joint use of parking facilities between neighboring
businesses; or
d. Clustering or perimeter averaging avoids future conflicts with signage.
E. Landscaping in a bioretention facility, which includes trees, shrubs, and
groundcovers as identified on the City's approved Bioretention Plant List and as
regulated in TIVIC Chapter 14.30, may be counted up to 100% towards required Type I
or Type 11 landscaping. Bioretention facilities shall not be counted towards required
Type III landscaping. All of the following criteria must be met:
1. The bioretention facility has been designed by a professional trained or
certified in low impact development techniques; and
2. The landscaping meets the screening requirements of the specified
landscape type; and
3. Public safety concerns have been addressed; and
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4. The number of trees required by the landscape type are provided.
F. Retained significant trees.
1. Credit for retained significant trees may be counted towards required
landscaping if the following criteria are met:
a. Assessment of trees by an ISA certified arborist as to tree health, value
of the trees and the likelihood of survivability during and after construction is provided;
and
b. Retention of tree(s) supports the Tukwila Comprehensive Plan urban
tree canopy goals and policies; and
c. A financial assurance is posted based on 50% of the value of the
retained tree(s) to ensure tree replacement should the retained trees be damaged or die
as a result of construction impacts. The financial assurance shall be retained for three
years.
2. The value of the significant tree(s) to be retained, as determined by an ISA
certified arborist, shall be posted on the tree prior to site preparation and retained
throughout the construction of the project.
Section 16. Regulations Established. A new TMC Section 18.52.110,
"Violations," is hereby established to read as follows:
18.52.110 Violations
A. Violations. The following actions shall be considered a violation of this
chapter:
1. Any removal or damage of landscaping that is required by this chapter.
2. Topping or excessive pruning of trees or shrubs, except as explicitly
allowed by this chapter.
3. Failure to replace dead landscaping materials.
B. Penalties. In addition to any other penalties or other enforcement actions, any
person who fails to comply with the provisions of this chapter also shall be subject to a
civil penalty assessed against the property owns violator as set forth herein. Each
unlawfully removed or damaged tree shall constitute a separate violation.
1. The amount of the penalty shall be assessed based on Table B below.
The Director may elect not to seek penalties or may reduce the penalties if he/she
determines the circumstances do not warrant imposition of any or all of the civil
penalties.
2. Penalties are in addition to the restoration of removed plant materials
through the remedial measures listed in TMC Section 18.52.110.C.
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Me
3. It shall not be a defense to the prosecution for a failure to obtain a permit
required by this chapter that a contractor, subcontractor, person with responsibility on
the site or person authorizing or directing the work erroneously believes a permit was
issued to the property owner or any other person.
TABLE B — Fines
Type of Violation Allowable Fines per Violation
Removal or damage of trees or $1,000 per tree, or up to the marketable value
specimen shrubs without applying for of each tree removed or damaged as
and obtaining required City approval determined by an ISA certified arborist.
C. Remedial Measures. In addition to the penalties provided in TIVIC Section
18.52.110.13, the Director shall require any person conducting work in violation of this
chapter to mitigate the impacts of unauthorized work by carrying out remedial
measures.
1. Any illegal removal of required trees shall be subject to obtaining a tree
permit and replacement with trees that meet or exceed the functional value of the
removed trees. In addition, any shrubs and groundcover removed without City approval
shall be replaced.
2. To replace the tree canopy lost due to the tree removal, additional trees
must be planted on-site. Payment may be made into the City's Tree Fund if the number
of replacement trees cannot be accommodated on-site. The number of replacement
trees required will be based on the size of the tree(s) removed as stated in Table C.
TABLE C — Tree Replacement Requirements
Diameter* of Tree Removed (*measured
at height of 4.5 feet from the ground)
Number of
Replacement Trees Required
4-6 inches (single trunk) OR
2 inches (any trunk of a multi-trunk tree)
3
Over 6-8 inches
4
Over 8-20 inches
6
Over 20 inches
8
D. Enforcement. It shall be the duty of the Community Development Director to
enforce this chapter pursuant to the terms and conditions of TIVIC Chapter 8.45 or as
otherwise allowed by law.
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•s,
E. Inspection Access.
1. For the purposes of inspection for compliance with the provisions of a
permit or this chapter, authorized representatives of the Community Development
Director may enter all sites for which a permit has been issued.
2. Upon completion of all requirements of a permit, the applicant shall request
a final inspection by contacting the planner of record. The permit process is complete
upon final approval by an authorized representative of the Community Development
Director.
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
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12017.
ATTEST/AUTH E NTI CATE D:
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:
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IN
92
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
2199 §18, 1872 §14 (PART) AND 1853 §4 TO RELOCATE
CERTAIN SECTIONS OF THE TUKWILA MUNICIPAL CODE
FROM THE LANDSCAPE REQUIREMENTS CHAPTER TO THE
SUPPLEMENTAL DEVELOPMENT STANDARDS CHAPTER;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, regulations related to recreation space, lighting, recycling storage space
for residential and non-residential uses and design of collection points for garbage and
recycling containers are located in Tukwila Municipal Code Chapter 18.52, the
landscaping chapter of the Zoning Code; and
WHEREAS, the landscaping chapter of the Zoning Code is being completely revised
to include only landscaping-related regulations and to exclude regulations related to non-
landscaping issues; and
WHEREAS, regulations related to lighting, recycling storage space for residential and
non-residential uses and design of collection points for garbage and recycling containers
are better located in the Supplemental Development Standards chapter of the Zoning
Code; and
WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of
citizens, business representatives, environmental professionals and City officials, met in
September and October 2016 to review and provide guidance on landscaping regulations,
which were forwarded to the Tukwila Planning Commission for review; and
WHEREAS, on November 10, 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
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WHEREAS, on November 15, 2016, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non-Significance on the proposed
amendments; and
WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of
intent to adopt the proposed revised development regulations was sent to the State of
Washington Department of Commerce and to other state agencies to allow for a review
and comment period, which comment period ended prior to adoption of this ordinance; and
WHEREAS, the Tukwila City Council, following adequate public notice, held a public
hearing on February 27, 2017, 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. TIVIC Section 18.50.100 Deleted. Ordinance No. 1853 §4, as codified at
TIVIC Section 18.50.100, "MIC/L and MIC/H Site Lighting Standards", is hereby
amended to delete the section from Tukwila Municipal Code (TMC) Chapter 18.50.
Section 2. TIVIC Section 18.52.065 Recodified. Ordinance No. 1872 §14 (part), as
codified at TIVIC Section 18.52.065, "Lighting," is hereby amended to recodify this
section as TIVIC Section 18.50.170, which shall read as follows:
18.50.170 Lighting Standards
A. Parking and loading areas shall include lighting capable of providing adequate
illumination for security and safety. Lighting standards shall be in scale with the height
and use of the associated structure. Any illumination, including security lighting, shall
be directed away from adjoining properties and public rights-of-way.
B. In the MDR and HDR zones, porches, alcoves and pedestrian circulation
walkways shall be provided with low level safety lighting. Pedestrian walkways and
sidewalks may be lighted with lighting bollards.
C. MIC/L and MIC/H. The following site lighting standards shall apply to portions
of developments within 100 feet of the Tukwila Manufacturing/Industrial Center
boundary as defined in the 1995 Comprehensive Plan:
1. The minimum light levels in parking areas, paths between the building and
street or parking areas shall be 1 foot candle;
2. The maximum ratio of average:minimum light level shall be 4:1 for
illuminated grounds,
3. Maximum illumination at the property line shall be 2 foot candies;
4. Lights shall be shielded to eliminate direct off-site illumination; and
5. General grounds need not be lighted.
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D. Variation from these standards may be granted by the Director of the
Department of Community Development based on technical unfeasibility or safety
considerations.
Section 3. TMC Section 18.52.070 Amended and Recodified. Ordinance No.
1872 §14 (part), as codified at TMC Section 18.52.070, "Recycling Storage Space for
Residential Uses," is hereby amended to recodify this section as TMC Section
18.50.180, which shall read as follows:
18.50.180 Recycling Storage Space for Residential Uses
Apartment and condominium developments over six units shall provide 1-1/2
square feet of recycling storage space per dwelling unit, which shall be located in
collection points as follows:
1. No dwelling unit within the development shall be more than 200 feet from a
collection point.
2. Collection points shall be located so that hauling trucks do not obstruct
pedestrian or vehicle traffic on-site, or project into any public right-of-way.
3. Collection points shall not be located in any required setback or landscape
area.
Section 4. TMC Section 18.52.080 Recodified. Ordinance No. 1872 §14 (part), as
codified at TMC Section 18.52.080, "Recycling Storage Space for Non-Residential
Uses," is hereby amended to recodify this section as TMC Section 18.50.185, which
shall read as follows:
18.50.185 Recycling Storage Space for Non-Residential Uses
A. Recycling storage space for non-residential uses shall be provided at the rate
of at least:
1. Two square feet per every 1,000 square feet of building gross floor area in
office, medical, professional, public facility, school and institutional developments.
2. Three square feet per every 1,000 square feet of building gross floor area
in manufacturing, industrial and other non-residential uses not specifically mentioned in
these requirements.
3. Five square feet per every 1,000 square feet of building gross floor area in
retail developments.
B. Outdoor collection points shall not be located in any required setback or
landscape area.
C. Collection points shall be located in a manner so that hauling trucks do not
obstruct pedestrian or vehicle traffic on-site, or project into any public right-of-way.
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Section 5. TMC Section 18.52.090 Recodified. Ordinance No. 1872 §14 (part), as
codified at TMC Section 18.52.090, "Design of Collection Points for Garbage and
Recycling Containers," is hereby amended to recodify this section as TMC Section
18.50.190, which shall read as follows:
18.50.190 Design of Collection Points for Garbage and Recycling Containers
Residential and non-residential collection points shall be designed as follows:
1. An opaque wall or fence of sufficient size and height to provide complete
screening shall enclose any outside collection point. Architectural design shall be
consistent with the design of the primary structure(s) on the site.
2. Collection points shall be identified by signs not to exceed two square feet.
3. Weather protection of recyclables and garbage shall be ensured by using
weather-proof containers or by providing a roof over the storage area.
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.
Section 7. 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 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 five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12017.
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:
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2199
§18 AND 1872 §14 (PART), AS CODIFIED AT TUKWILA
MUNICIPAL CODE (TMC) SECTION 18.52.060, "RECREATION
SPACE REQUIREMENTS," TO REMOVE THAT SECTION FROM
TMC CHAPTER 18.52 AND ADD "RECREATION SPACE
REQUIREMENTS" TO TMC CHAPTERS 18.12 AND 18.14;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, regulations related to recreation space required in multi-family zoning
districts are located in TMC Chapter 18.52, the landscaping chapter of the Zoning Code;
and
WHEREAS, the landscaping chapter of the Zoning Code is being revised to include
only landscaping-related regulations and to exclude regulations related to non-landscaping
issues; and
WHEREAS, the recreation space regulations for multi-family development are better
suited to codification in the Medium Density and High Density Residential District chapters
of the Zoning Code; and
WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of
citizens, business representatives, environmental professionals and City officials, met in
September and October 2016 to review and provide guidance on landscaping regulations,
which were forwarded to the Tukwila Planning Commission for review; and
WHEREAS, on November 10, 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 15, 2016, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non-Significance on the proposed
amendments; and
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WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of
intent to adopt the proposed revised development regulations was sent to the State of
Washington Department of Commerce and to other state agencies to allow for a review and
comment period, which comment period ended prior to adoption of this ordinance; and
WHEREAS, the Tukwila City Council, following adequate public notice, held a public
hearing on February 27, 2017, 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. TMC Section 18.52.060 Deleted. Ordinance Nos. 2199 §18 and 1872 §14
(part), as codified at TMC Section 18.52.060, "Recreation Space Requirements", are
hereby amended to delete the section from Tukwila Municipal Code (TMC) Chapter
18.52.
Section 2. Regulations Established. TMC Section 18.12.030, "Recreation Space
Requirements", is hereby established to read as follows:
18.12.030 Recreation Space Requirements
In the MDR zoning district, any proposed multiple-family structure, complex or
development shall provide, on the premises and for the use of the occupants, a minimum
amount of recreation space according to the following provisions:
Required Area.
a. For each proposed dwelling unit in the multiple-family development and
detached zero-lot-line type of development, a minimum of 400 square feet (100 square
feet for senior citizen housing) of recreation space shall be provided. Any multiple-family
structure, complex or development shall provide a minimum of 1,000 square feet of total
recreation space.
b. Townhouse units shall provide at least 250 square feet of the 400 square
feet of recreation space as private, ground level open space measuring not less than 10
feet in any dimension.
c. The front, side and rear yard setback areas required by the applicable
zoning district shall not qualify as recreation space. However, these setback areas can
qualify as recreation space for townhouses if they are incorporated into private open
space with a minimum dimension of 10 feet on all sides.
2. Indoor or Covered Space.
a. No more than 50% of the required recreation space may be indoor or
covered space in standard multi-family developments. Senior citizen housing must have
at least 20% indoor or covered space.
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b. The Board of Architectural Review may grant a maximum of two square
feet of recreation space for each one square foot of extensively improved indoor
recreation space provided. Interior facility improvements would include a full range of
weight machines, sauna, hot tub, large screen television and the like.
3. Uncovered Space.
a. A minimum of 50% of the total required recreation space shall be open
or uncovered, up to 100% of the total requirement may be in open or uncovered recreation
space in standard multi-family developments. Senior citizen housing allows up to 80% of
recreation space to be outdoors and has no minimum outdoor space requirement.
b. Recreation space shall not exceed a 4% slope in any direction unless it
is determined that the proposed space design clearly facilitates and encourages the
anticipated use as endorsed by the Director.
c. The Board of Architectural Review may grant a maximum credit of two
square feet of recreation space for each one square foot of outdoor pool and surrounding
deck area.
4. General Requirements.
a. Multiple-family complexes (except senior citizen housing, detached
zero-lot-line and townhouses with nine or fewer units), which provide dwelling units with
two or more bedrooms, shall provide adequate recreation space for children with at least
one space for the 5- to- 12- year -old group. Such space shall be at least 25% but not more
than 50% of the total recreation space required under TIVIC Section 18.12.030 (1), and
shall be designated, located and maintained in a safe condition.
b. Adequate fencing, plant screening or other buffer shall separate the
recreation space from parking areas, driveways or public streets.
c. The anticipated use of all required recreation areas shall be specified
and designed to clearly accommodate that use.
Section 3. Regulations Established. TIVIC Section 18.14.030, "Recreation Space
Requirements", is hereby established to read as follows:
18.14.030 Recreation Space Requirements
In the HDR zoning district, any proposed multiple-family structure, complex or
development shall provide, on the premises and for the use of the occupants, a minimum
amount of recreation space according to the following provisions:
Required Area.
a. For each proposed dwelling unit in the multiple-family development and
detached zero-lot-line type of development, a minimum of 400 square feet (100 square
feet for senior citizen housing) of recreation space shall be provided. Any multiple-family
structure, complex or development shall provide a minimum of 1,000 square feet of total
recreation space.
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b. Townhouse units shall provide at least 250 square feet of the 400 square
feet of recreation space as private, ground level open space measuring not less than 10
feet in any dimension.
c. The front, side and rear yard setback areas required by the applicable
zoning district shall not qualify as recreation space. However, these setback areas can
qualify as recreation space for townhouses if they are incorporated into private open
space with a minimum dimension of 10 feet on all sides.
2. Indoor or Covered Space.
a. No more than 50% of the required recreation space may be indoor or
covered space in standard multi-family developments. Senior citizen housing must have
at least 20% indoor or covered space.
b. The Board of Architectural Review may grant a maximum of two square
feet of recreation space for each one square foot of extensively improved indoor
recreation space provided. Interior facility improvements would include a full range of
weight machines, sauna, hot tub, large screen television and the like.
3. Uncovered Space.
a. A minimum of 50% of the total required recreation space shall be open
or uncovered, up to 100% of the total requirement may be in open or uncovered recreation
space in standard multi-family developments. Senior citizen housing allows up to 80% of
recreation space to be outdoors and has no minimum outdoor space requirement.
b. Recreation space shall not exceed a 4% slope in any direction unless it
is determined that the proposed space design clearly facilitates and encourages the
anticipated use as endorsed by the Director.
c. The Board of Architectural Review may grant a maximum credit of two
square feet of recreation space for each one square foot of outdoor pool and surrounding
deck area.
4. General Requirements.
a. Multiple-family complexes (except senior citizen housing, detached
zero-lot-line and townhouses with nine or fewer units), which provide dwelling units with
two or more bedrooms, shall provide adequate recreation space for children with at least
one space for the 5- to -12- year -old group. Such space shall be at least 25% but not more
than 50% of the total recreation space required under TIVIC Section 18.14.030 (1), and
shall be designated, located and maintained in a safe condition.
b. Adequate fencing, plant screening or other buffer shall separate the
recreation space from parking areas, driveways or public streets.
c. The anticipated use of all required recreation areas shall be specified
and designed to clearly accommodate that use.
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Section 4. 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 5. 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 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12017.
ATTEST/AUTH E NTI CATE D:
Christy O'Flaherty, MMC, City Clerk
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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