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HomeMy WebLinkAboutOrd 2524 - Relocate Non-Landscaping Regulations to TMC Chapter 18.50 "Supplemental Development Standards"Cover page to Ordinance2524 The full text of the ordinance follows this cover page. Ordinance2524was amended or repealedby the following ordinances. AMENDEDREPEALED Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord# 2, 3, 4, 52741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 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 W: Word Processing\Ordinances\Recodify sections out of Landscape Code 2-28-17.doc CL:bjs Page 1 of 4 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. TMC Section 18.50.100 Deleted. Ordinance No. 1853 §4, as codified at TMC 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. TMC Section 18.52.065 Recodified. Ordinance No. 1872 §14 (part), as codified at TMC Section 18.52.065, "Lighting," is hereby amended to recodify this section as TMC 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 candles; 4. Lights shall be shielded to eliminate direct off-site illumination; and 5. General grounds need not be lighted. W: Word Processing\Ordinances\Recodify sections out of Landscape Code 2-28-17.doc CL:bjs Page 2 of 4 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. W: Word Processing\Ordinances\Recodify sections out of Landscape Code 2-28-17.doc CL:bjs Page 3 of 4 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 TUI�WILA, WASHINGTON, at a Regular Meeting thereof this day of C�, Cr 12017. ATTEST /AUTHENTICATED: ­A) -F., IiA Christy O'Flaheo, MMC, City Clerk Allgln"tkberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk' Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number:- W: Word Processing\Ordinances\Recodify sections out of Landscape Code 2-28-17.doc CL:bjs Page 4 of 4 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2523 -2526. On March 6, 2017 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2523: 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. Ordinance 2524: 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. Ordinance 2525: 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. Ordinance 2526: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS PROHIBITING RESIDENTIAL RENTAL DISCRIMINATION, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.47; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: March 9, 2017 Barbara Saxton From: Rachel Turpin Sent Tuesday, March 14, 2017 5:00 PM To: Barbara Saxton Cc: Christy O'Flaherty, Ana Le Subject. RE: Scrivener's error (?) on ordinance I think we are safe to treat this one as a scriveners error. Thanks! From: Barbara Saxton Sent: Tuesday, March 14, 2017 4:55 PM To: Rachel Turpin <Rachel.Turpin@TukwilaWA.gov> Cc: Christy O'Flaherty <Christy.OFlaherty@Tukwi[aWA.gov>; Ana Le <Ana. Le @Tu kwilaWA.gov> Subject: Scrivener's error (?) on ordinance Below is the title of Ord. No. 2524, which was adopted at the March 6 Regular Meeting. As part of adding adopted legislation to Laserfiche, Ana also adds notations to any ordinances/resolutions being amended or repealed as a result of a new ordinance or resolution. As part of that function for Ord. No. 2524, Ana noticed that the reference in the title to "amending Ordinance Nos. 2199 §18 had no correlating language within the body of the ordinance. This was an error on my part. There were originally two landscaping ordinances (the "big one" and then one to relocate a number of sections related to non-landscaping items out of the landscaping section of the code into a section where they were better suited. A third ordinance was then added (to also move recreation requirements out and into a separate section). When that happened, I missed taking the above reference to Ord. No. 2199 (2199 §18 had to do with the recreation requirements) out of the first "relocating" ordinance. The body of Ordinance No. 2524 itself is all correct; there is no incorrect language or references. The error is limited strictly to the incorrect mention in the ordinance title. Does our "code reviser" paragraph (Section 6 of Ord. No. 2524 as shown below) give us the liberty to change the ordinance title to delete this incorrect reference? Thank you in advance, Rachel. Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 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. 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. (Barfara Sa-Von City Clerk's Office City of Tukwila The City of opportunity, the community of choice.