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HomeMy WebLinkAboutPlanning 2012-01-26 COMPLETE AGENDA PACKETCity of Tukwila 'hin Hui crton, lHuvor Department Of Commllnil v Development .1(1ckT'(1C 3, Director CHAIR, BROOKE ALFORD, VICE CHAIR, THOMAS MCLEOD, COMMISSIONERS, LOUISE STRANDER, DAVID SHUMATE, MIKE HANSEN, AARON HUNDTOFTE, AND JERI FRANGELLO- ANDERSON Planning Commission Worksession January 26, 2012 6:30 PM Tukwila City Hall Council Chambers L Call to Order IL Attendance III. IV V Adoption of 12/15/11 Minutes Case Number: 1_12 -001 Applicant: City of Tukwila Request: A series of proposed housekeeping code amendments ranging from code clarification to policy decisions about allowed uses and development standards. Location: City wide Adjourn 0300 Solithcenter Botilcvcarcl. Suite -100 Ttilorila, ff'ushinuton 98188 Phone -"00-431-30'0 Fax 200-431-3005 x City of Tukwila Planning Commission Planning Commission (PC) Minutes Date: December 15, 2011 Time: 6:')0 PM Location: City Hall Council Chambers Present: Brooke Alford, Chair; Thomas McLeod, Vice Chair; Commissioners, Louise Strander, David Shumate, Aaron Hundtofte, Mike Hansen, and Jeri Frangello- Anderson Staff: Nora Gierloff, Deputy DCD Director, Lynn Miranda, Senior Planner, Cyndy Knighton, Senior Transportation Engineer, Public Works Department, and Wynetta Bi'Vens, Planning Commission Secretary- Chair Alford opened the -,vorksession at 6: PM Minutes: Commissioner Hanson made a motion to adopt the November 11, 2011 minutes. Commissioner Shumate seconded the motion. The motion -,vas unanimously approved, Cyndy Knighton, Senior Transportation Engineer, Public Works Department, gave an overview of the kinds of transportation infrastructure going on in the Urban Center, and some background of what the Citv is currently- doing. She explained that Public Works is responsible, for maintaining the public infrastructure, such as the roads, the signals, -,rater, server, and stormyvater for the public to use. The Public Works Department operates under requirements that are defined by state lave and the RCW. The first Transportation Element was adopted in 1995, in accordance with the Growth Management Act. In 2005, the Transportation Element was updated, and established the current level of service standards Public Works is operating under today. In 2012, Public Works will take to the Planning Commission another update to the Transportation Element. Public Works has been -,v ork ng on projects in support of the Southcenter Plan, and working toward implementing the vision, and bringing forward a more urban dense pedestrian friendly type of urban center. Lynn Miranda, Senior Planner, Department of Community Development provided some background on the revised Book 1 Draft. Then a general overviev,- -,vas given of the revised Book 1 Draft, which originally had seven districts and was revised to five districts. Review of the revised Book 1 Draft followed. Revisions /Action Item Orientation Addition: Planning Principles for Great Cities, GMA and KCPP establish certain criteria for cities to accomplish as an urban center, but not how to go about it. These planning principles will help: (1) Make great streets, (2) Break up the super blocks; (3) Create a memorable built environment; (=4) Make great public spaces; (5) live near transit and -,-,-here you work, shop play, (6) Get the mix of uses right; (7) Get the retail right; (8) Get the parking right. Moved: 1.3. Starting Point; Existing Conditions Summary- expanded this section by discussion from the appendix. Added photos illustrating existing conditions and opportunities. Revisions /Action Item Districts Chance: Regional Center area, Focusing on the bus transit center amenity in the area. Need: form a better connection from the Regional Center to the Pond District, a hidden amenity. Merced: The TOD Urban neighborhood, the TOD river neighborhood, and the TOD station into one district TOD Neighborhood. Chance: Commercial Corridor; No significant changes proposed. Nev, regulations will require minimal pedestrian amenities through parking lots and landscaping. Chance: The Workplace, No significant changes proposed, except for alloying housing along the river. Page 1 of 2 PC Minutes November 10, 2011 Change: Throughout the Vision, substituted "mays" for many_ "shalls State that change will happen because of city investment, developer incentives, and market forces. Revisions: Streets and Blocks: Chance: In the North section, break up the superblocks to smaller block sizes; create more East/West streets; adds capacity to street network. Smaller blocks make it easier and more enjoyable to walk to destinations. Revisions: Transit: Chance: Updated the descriptions of the bus Transit Center and the Sounder Commuter Rail /Amtrak Station. Revisions: Natural and Recreational Amenities Integrated with the Emerging Urban Center: No significant changes. Revisions: Building, Site, and Infrastructure Design- Create a great Space': Nev, Section. Added to implement the planning principle about creating a "sense of place Added language about architectural, site, and street /corridor design. Revisions: Redevelopment Strategy the most change occurred in this section Chance: Changes respond to many stakeholders' continents that the City needs to consider more of a phased approach, both spatially and time -wise, and that public investments, developer incentives, and market forces should lead redevelopment. This section now is called "Putting the Plan into Action Section Restructured: for each redevelopment objective, Phase I implementation measures are identified, and then regulator measures in Book II that Nvill support the objective /implementation measure. Objectives include: Future Investment; Transit Oriented development; Mall to Station; Circulation; Open Space; Design. (Details See Revised Book 1 Draft) Commissioner McLeod suggested that staff come up with a way to brand the whole Urban Center regionally, with an image, as a destination that is a unique part of Tukwila. Submitted By: WN netta,Bivens Planning Commission Secretar Adjourned: 9:00 PM Page 2 of 2 2 r I i STAFF REPORT TO THE PLANNING COMMISSION Prepared January 17, 2012 FILE NUMBERS PL12 -001, L12 -001 Code Amendments E12 -001 SEPA Checklist 'fiat Hui crton, AI(Ivor .Ica'ck Pace, Director REQUEST: Housekeeping Code Amendments. Planning Commission will hold a public hearing on the proposed amendments and make recommendations to the City Council for review and adoption. PUBLIC HEARING: January 26, 2012. The Notice of Public Hearing was published in the Seattle Times on January 13, 2012. LOCATION: City wide STAFF: Minnie Dhaliwal, Planning Supervisor ATTACHMENTS: A. Underline /strikeout version of the code to establish a clear quasi judicial process for site specific rezones. B. Memo to Community Affairs and Parks Committee dated Oct 5, 2011 regarding single family residential development standards, along with all the attachments and the minutes of the October 10, 2011 meeting. C. Map showing the location of manufactured homes in Tukwila D. Photos of some of the manufactured homes in Tukwila E. Underline /strikeout version of the code to allow relief of roof pitch and front door requirements for the replacement of single wide manufactured homes. F. Underline /strikeout version of the code for the remaining miscellaneous code amendments. G. Comparison of building height standards of neighboring jurisdictions. H. Building height exceptions area maps: original map adopted by Ordinance 1758; revised by Ordinance 2186; new corrected map. I. Changes related to categorization of manufacturing uses. n1D Page 1 of 01'23'2112 Z: PC Laserfiche Packet PC Packet 01 -26 -12 Planninu Commi55ion Staff report- 1.docSZ: PC Laserfiche Packet PC Packet 01 -26 -12 Planning Commission Sta report- I_aocS 0300 SolithcenterBoidevcarcl, Suite —100 Tillovilca, TVashinuton 9 188 Phone 206- 431 -36'0 Fax: _06- 431 -3665 3 BACKGROUND Staff has grouped amendments to the Zoning Code Title 18, along with some minor amendments to Title 5, 8 and 21 of the Tukwila Municipal Code for your consideration. The topics range from minor housekeeping or clarification to policy decisions about the review process and development standards. Staff presented these issues to the Community Affairs and Parks (CAP) Committee on January 9, 2012. The Committee discussed each item and chose to forward them to the Planning Commission for a hearing and recommendation.. Included in this memo is a list of the proposed amendments with a brief explanation. The first two amendments involve some policy decisions, whereas the remaining amendments are just correcting inaccuracies or codifying existing code interpretations. Each proposed change is discussed below. DISCUSSION OF PROPOSED CHANGES A. Refine the Comprehensive Plan Amendment and rezone procedures to separate the legislative and associated quasi judicial process. The City Attorney has advised staff that Tukwila needs to revise the way it reviews and processes quasi judicial, site specific rezones to ensure that they are treated distinctly from legislative, area -wide rezones. Tukwila's Comprehensive Plan and Zoning map classifications are identical. Whenever a rezone of any size or type is proposed, changes to both the Comprehensive Plan map and Zoning Map are needed. At this time quasi judicial, site specific rezones follow essentially the same process as legislative decisions, except the Planning Commission and City Council are told that they are acting in a quasi judicial manner, appearance of fairness questions are asked, and members are told to avoid ex parte communication. Site visits are advertised to the public, and done in a group. Under the State Law a quasi judicial project should have only one open record hearing. The current process for rezone requests involves discussion at the Community Affairs and Parks Committee (CAP); public meeting at the Committee of the Whole (COW) meeting; Regular City Council meeting to decide whether to send the item to the Planning Commission for review or not; Planning Commission (PC) public hearing; CAP meeting to review the PC recommendation; public hearing at the COW meeting; and a final decision at the Regular City Council meeting. This process is identical for other legislative comprehensive plan amendments. Our current process results in the strong possibility that the quasi judicial matters will not be handled in compliance with the State Law, leading to potentially costly legal challenges for the City. Staff outlined three options to CAP for processing site specific rezones in a quasi judicial manner. CAP asked staff that the options that did not have a role for the planning commission should be removed from consideration. Per TMC 18.84.010, all rezones are currently Type 5 decisions. 1\1) Page 2 of 7 01 '23 '2012 Z: ,PC Lasertiche Packet PC Packet 01 -26 -12 ,Planning Commission staff report- 1. doe PC Lasertiche Packet PC Packet ol- 26 -12 Planning Commission 4 staffreport- I.docx 1) Option 1 Tyne 5 where staff holds a public meeting with the Planning Commission; City Council holds an open record hearing before making the final decision; and the appeal goes to Superior Court Pro Retains role for Planning Commission City Council has decision making responsibility Con: Meeting, rather than hearing, could be confusing for the Planning Commission 2) Option 2 a) Tvae 4 Decision where the Planning Commission holds an open record hearing before making the decision and the appeals go to the City Council Pro: Basic quasi judicial process with continued Planning Commission involvement Slightly quicker process with less staff time than currently required Con: Less public input No Council involvement or decision unless on appeal Under the State Law comprehensive plan cannot be amended more than once a year. The decision regarding accompanying comprehensive plan map change cannot be coordinated with other comprehensive plan amendments. b)Tvae 4 Decision (Alternate) where the Planning Commission holds an open record hearing before making a recommendation to the City Council; City Council holds a closed record hearing before making a final decision; and the appeals go to Superior Court Pro: Retains both Planning Commission Council involvement Similar to current process Con: Possible confusion between legislative and quasi judicial roles Staff recommends option 1, as it retains the decision making authority with the City Council and retains a role for the Planning Commission. Under this option any site specific rezones along with the accompanying comprehensive plan map change would not be discussed initially at the CAP, COW and the City Council meeting, where a threshold decision is made regarding other comprehensive plan amendments. Instead the Planning Commission will hold a public meeting and the City Council will hold a public hearing at their Regular Meeting before making a decision the same night. Additionally, the State Law requires that the cities do not amend their Comprehensive Plans more than once a year. In order to meet this requirement the City Council 1\1) Page 3 of 7 01 '23 '2012 Z: ,PC Lasertiche Packet PC Packet 01 -26 -12 ,Planning Commission staff report- 1.doexZ: PC Lasertiche Packet PC Packet ol- 26 -12 Planning Commission staff report-1. docx 5 hearing on any site specific rezone along with the accompanying Comprehensive Plan map change will be scheduled the same night that the Council will be adopting other Comprehensive Plan amendments. The code language needed to accomplish option 1 is attached to this memo as Attachment A. B. Single Family Design Standards: Staff had previously briefed the Community Affairs and Parks Committee in October 2010, regarding some options for regulating the bulk and size of single family dwelling units. See Attachment B for the memo to CAP and minutes of the CAP meeting. At that time the Committee gave direction to staff to amend the method of calculating building height for sloping sites and to not make any other changes to the building footprint or setback regulations. An amendment to the method of calculating building height on sloping lots is discussed under subsection C later in this report. Since October 2010 an issue related to manufactured homes and the existing design standards of minimum roof pitch requirements and front door facing the street was raised by a Tukwila citizen at a City Council meeting. Based on the King County Assessor's data there are a total of 70 manufactured homes in the Low Density Residential zone in Tukwila. Attachment C is the map showing the location of these units in Tukwila. Also, Attachment D includes photos of some of the units. In order to address the issue of replacement of existing single wide manufactured homes staff had outlined three options for the CAP committee to consider. CAP removed the option where there would have been no design standards for single family homes. The remaining two options are discussed below: Amend the Single Family Design Standards to allow the Director to modify the roof pitch and front door facing the street requirement if the proposal includes replacement of a single wide mobile home with a newer and larger manufactured home. 2. Do not make any changes and require all new single family dwelling units to meet the existing design standards. Staff recommends option 1 as this requires all new single family dwelling units to meet the design standards while still allowing owners of single wide manufactured homes to replace the existing structure with a higher quality unit even if it does not meet the 5:12 roof pitch or front door facing the street requirement. The code language needed to accomplish option 1 is attached to this memo as Attachment E. C. Other miscellaneous code amendments: There are a number of code clarifications or updates needed to clean up the code where either the references are outdated or code interpretations need to be codified. A summary of the proposed amendments is listed below. See attachment 1. Amendments to Title 5 are proposed to correct the inaccurate references to zoning designations. 2. Title 8 is proposed to be amended to address the following: 1\1) Page 4 of 7 01'23'2012 Z: ,PC Lasertiche Packet PC Packet 01 -26 -12 ,Planning Commission staff report- 1. doe PC Lasertiche Packet PC Packet ol- 26 -12 Planning Commission 6 staffreport- I.docx a) A list of schools and parks for the designated drug free zones has to be updated to include the new schools and parks that have been built since the code was adopted. b) Clarification is provided regarding when public notice is required for noise variances. c) Violations section of Title 8 needs to be updated to reference the correct sections. d) Parking limitations on single family lots is included in Title 8. A reference is added to Title 18 Residential Parking Requirements section to cross reference. Also, a discretionary approval process is added for properties that cannot meet the requirement for maximum paved area due to the shape of the lots. 3. The following changes are proposed to the Zoning Code Title 18: a) The definitions section is amended to: i) Building Height definition is amended to include a different method of determining the height on sloping lots. See Attachment B for detailed discussion of single family development standards in LDR zone including building height. Also, Attachment G compares the building heights standards in the neighboring jurisdictions with Tukwila. ii) A definition of tow truck operations is added. iii) Definition of regulated and isolated wetlands is updated to reflect the changes that were adopted as part of the Sensitive Areas code update. b) Family child care homes are regulated by Department of Early Learning and not DSHS. This change is needed in the accessory uses section of all zones that list family child care homes as an accessory use. c) Design Review Thresholds: i) Per the recently adopted Shoreline Master Program design review is required for all projects within the shoreline jurisdiction. This language needs to be added under Chapter 18.60 and the design review section of all zones. ii) Additional clarification is needed for the design review thresholds for non residential development in the Low Density Residential Zone. Specifically, any new non- residential construction or exterior repairs that exceed 25 percent of the building's assessed value should be subject to design review by the Board of Architectural Review and any exterior repairs that are more than 10 percent but less than 25 percent should be subject to administrative design review. Additionally, there is no the criteria for design review in single family zones. The design review criteria for multifamily, hotel, motel development addresses sensitivity to neighborhood building scale; therefore multifamily, hotel, motel criteria should be used for reviewing institutional uses in single family zones. iii) Language is added to provide clarification that if an existing site had gone through design review then any modification within 10 years will be subject to a minor or a major modification of the design review approval. d) Permit application types and procedures: i) TMC 18.104 lists conditional uses as Type 3 permits while 18.44.130 lists shoreline conditional use as Type 4. 1\1) Page 5 of 01'23'2012 Z: ,PC Lasertiche Packet PC Packet 01 -26 -12 ,Planning Commission staff report- 1. doe PC Lasertiche Packet PC Packet 01- 26 -12 Planning Commission staff report-1. docx 7 ii) Reasonable Use Exception is listed as a Type 3 permit under 18.104, but is listed as Type 4 under 18.45.180. iii) Type 4 process is required for modifications to the loading space requirements while the decision for the number of parking spaces is made by the Director. Staff is proposing that a Type 1 Director's approval be used for deviations from loading space requirements. iv) Parking lot restriping approval is being proposed as Type 2 Director's approval. v) Modifications to bicycle parking requirements are proposed to be approved by the Director as a Type 1 process. vi) TMC 18.104 references variances from parking standards as Hearing Examiner's decision, however 18.56.140 lists it as Planning Commission approval. vii) Process for approving different sign permits is deleted from Title 18 as it was covered under Title 19. viii) The process for approving proposals under the Housing Options Program is amended to be consistent with 18.104.010. e) TMC 18.45.120 references incorrect section. It should be 18.45.040C and not B. f) The regulations for removal of trees from the required landscaped area need to be clarified. A process for approving changes to the approved landscaping, replacement and penalty for violations is proposed. In order to meet the legislative intent of the landscape chapter any required landscaping should be retained and maintained for the life of the project. Additionally, topping or removal of required trees should be prohibited. Only trees that pose a danger or are diseased should be all allowed to be removed. Any illegal removal of required trees should be subject to obtaining a tree permit and should be replaced with trees that meet or exceed the functional value of the removed trees. g) TMC 18.66.120 is amended to reference the term `shoreline buffer' instead of river /low impact environment, in order to be consistent with the recently adopted Shoreline Master Program. h) Language is proposed so that the notice of decision can be emailed instead of the requirement to mail it by first class. i) Building Heights Exception areas map needs to be corrected as it inadvertently changed the shading for one area when it was amended by Ordinance 2186. See Attachment H, which includes the original map that was adopted by Ordinance 1758; the revised map adopted by Ordinance 2186; and the new corrected map. j) Changes to the allowed uses in the MIC /L and MIC /H zones were made as part of the Comprehensive Plan update of the Manufacturing Industrial Center. Primarily all the different uses listed under manufacturing were categorized under two sub categories: i) Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust vibration or other external environmental impacts or pollution, including 1\1) Page 6 of 01'23'2012 Z: ,PC Lasertiche Packet PC Packet 01 -26 -12 ,Planning Commission staff report- 1. doe PC Lasertiche Packet PC Packet ol- 26 -12 Planning Commission 8 staffreport- I.docx but not limited to manufacturing, processing, assembling, packaging and /or repairing of... ii) Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration and other external environmental impacts, including but not limited to manufacturing, processing, assembly, packaging and /or repair of... Similar changes will need to be incorporated into the other zones that list manufacturing uses to be consistent with the format in MIC /L and MIC /H. Also, one of the uses (vehicle, boat and airplane manufacturing) was incorrectly categorized under uses that have little impact. It is proposed to be moved under uses that have moderate to substantial impact category in MIC /L and MIC /H zone. See Attachment I for changes related to this section. 4. Title 21 is amended to clarify public notice requirements for SEPA applications and decisions. REQUESTED ACTION Hold the public hearing on the proposed changes, review each proposed change, choose an option if multiple choices are given, and make recommendations to the City Council. 1\1) Page 7 of 01'23'2012 Z: ,PC Lasertiche Packet PC Packet 01 -26 -12 ,Planning Commission staff report- 1. doe PC Lasertiche Packet PC Packet ol- 26 -12 Planning Commission staff report-1. docx 9 W ATTACHMENT A �.e s M s w R s Sections: 18.80.010 Application 18.80.015 Documents to be Submitted with Application 18.80.020 Docket 18.80.030 Notice and Comment 18.80.040 Staff Report 18.80.050 Council Consideration 18.80.060 Council Decision 18.80.010 Application Any interested person (including applicants, citizens, Tukwila Planning Commission, City staff and officials, and staff of other agencies) may submit an application for an amendment to either the comprehensive plan or the development regulations to the Department of Community Development. Such applications are for legislative decisions and are not subject to the requirements or procedures set forth in TMC Chapters 18.104 to 18.116. In addition to the requirements of TMC 18.80.015, the application shall specify, in a format established by the Department: 1. A detailed statement of what is proposed and why; 2. A statement of the anticipated impacts of the change, including the geographic area affected and the issues presented by the proposed change; 3. An explanation of why the current comprehensive plan or development regulations are deficient or should not continue in effect; 4. A statement of how the proposed amendment complies with and promotes the goals and specific requirements of the Growth Management Act; 5. A statement of how the proposed amendment complies with applicable Countywide Planning Policies; 6. A statement of what changes, if any, would be required in functional plans (i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted; 7. A statement of what capital improvements, if any, would be needed to support the proposed change, and how the proposed change will affect the capital facilities plans of the City; and 8. A statement of what other changes, if any, are required in other City codes, plans or regulations to implement the proposed change. 18.80.015 D ocuments to be Submitted with Application A. Applications for amendments to the comprehensive plan or development regulations shall provide the following documents in such quantities as are specified by the Department: 1. An application form provided by the Department. 2. King County Assessor's map(s) which show the location of each property within 300 feet of the property which is the subject of the proposed amendment. 3. Two sets of mailing labels for all property owners and occupants (businesses and residents) including tenants in multiple occupancy structures, within 300 feet of the subject property 4. A vicinity map showing the location of the site. 5. A surrounding area map showing comprehensive plan designations, zoning designations, shoreline designations, if applicable, and existing land uses within a 1000 foot radius from the site's property lines. 6. A site plan, including such details as may be required by the Department. 7. A landscaping plan, including such details as may be required by the Department. 8. Building elevations of proposed structures, including such details as may be required by the Department. 9. Such photomaterial transfer or photostat of the maps, site plan and building elevation, including such details as may be required by the Department. 10. Such other information as the applicant determines may be helpful in evaluating the proposal, including color renderings, economic analyses, photos, or material sample boards. 11 B. The Department shall have the authority to waive any of the requirements of this section for proposed amendments which are not site specific or when, in the Department's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. 18.80.020 Docket A. The Department shall maintain a docket of all proposed changes to the Comprehensive Plan and development regulations that are submitted. If either the Department or the Council determines that a proposed change may be an emergency, the Department shall prepare the staff report described below and forward the proposed change to the Council for immediate consideration, subject to the procedural requirements for consideration of amendments. An emergency amendment is a proposed change or revision that necessitates expeditious action to address one or more of the following criteria: 1. Preserve the health, safety or welfare of the public. 2. Support the social, economic or environmental well -being of the City. 3. Address the absence of adequate and available public facilities or services. 4. Respond to decisions by the Central Puget Sound Growth Management Hearings Board, the state or federal courts, or actions of a state agency or the legislature. B. Non emergency changes shall be compiled and submitted to the Council for review on an annual basis in March so that cumulative effects of the proposals can be determined. Proposed changes received by the Department after January 1 of any year shall be held over for the following year's review, unless the Council or the Department determines the proposed change may be an emergency. 18.80.030 Notice and Comment The docket of proposed changes shall be posted in the offices of the Department and made available to any interested person. At least four weeks prior to the Council's annual consideration of the changes proposed on the docket, the City shall publish a notice in a newspaper of general circulation in the City, generally describing the proposed changes including areas affected, soliciting written public input to the Department of Community Development on the proposed changes, and identifying the date on which the Council will consider the proposed changes. 18.80.040 Staff Report A. At least two weeks prior to Council consideration of any proposed amendment to either the comprehensive plan or development regulations, the Department shall prepare and submit to the Council a staff report which addresses the following: 1. the issues set forth in this chapter; 2. impact upon the Tukwila Comprehensive Plan and zoning code; 3. impact upon surrounding properties, if applicable; 4. alternatives to the proposed amendment; and 5. appropriate code citations and other relevant documents. B. The Department's report shall transmit a copy of the application for each proposed amendment, any written comments on the proposals received by the Department, and shall contain the Department's recommendation on adoption, rejection or deferral of each proposed change. 12 18.80.050 Council Consideration A. The City Council shall consider each request for an amendment to either the comprehensive plan or development regulations alon at a public meeting, at which the applicant will be allowed to make a presentation. Any person submitting a written comment on the proposed change shall also be allowed an opportunity to make a responsive oral presentation. Such opportunities for oral presentation shall be subject to reasonable time limitations established by the Council. B. The Council will consider the following in deciding what action to take regarding any proposed amendment: 1. Is the issue already adequately addressed in the Comprehensive Plan? 2. If the issue is not addressed in the Comprehensive Plan, is there a public need for the proposed change? 3. Is the proposed change the best means for meeting the identified public need? 4. Will the proposed change result in a net benefit to the community? C. Following Council consideration as provided by TMC 18.80.050A and 18.80.050B, the City Council shall take action as follows: 1. refer the proposed amendment to the Planning Commission for further review and a recommendation to the City Council; 2. defer further Council consideration for one or more years to allow the City further time to evaluate the application of the existing plan or regulations; or 3. reject the proposed amendment. 18.80.060 Council Decision Following receipt of the Planning Commission's recommendation on a proposed amendment referred to the Commission, the City Council shall hold a public hearing on the proposal, for which public notice has been provided as required under the Public Notice of Hearing chapter of this title. Following the public hearing, the City Council may: 1. adopt the amendment as proposed; 2. modify and adopt the proposed amendment; or 3. reject the proposed amendment. 13 Sections, 18.84.010 Application Submittal 18.84.020 Criteria 18.84.030 Conditions on Rezone Approvals 18.84.040 Ordinance Required 18.84.010 Application Submittal Application for rezone of property shall be submitted to the Department of Community Development. ;3 ;application shall be a Type 5 decision processed in accordance with the provisions of TMC 18.108.050. 18.84.020 Criteria Each determination granting a rezone shall be supported by written findings and conclusions, showing specifically that all of the following conditions exist: 1. The proposed amendment to the Zoning Map is consistent with the goals, objectives, and policies of the Comprehensive Plan; 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of TMC Title 18, "Zoning Code," and the description and purpose of the zone classification applied for; 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map; and 4. The proposed amendment to the Zoning Map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. 18.84.030 Conditions on Rezone Approvals The City Council shall have the authority to impose conditions and safeguards as it deems necessary to protect or enhance the health, safety and welfare of the surrounding area, and to ensure that the rezone fully meets the findings set forth in TMC 18.84.020. I 18.84.040 Ordinance Required Action under TMC Chapter 18.84, which amends the official Zoning Map, shall require the adoption of an ordinance by the City Council pursuant to the Tukwila Municipal Code and State law. 18.108.050 Type 5 Decision Process A. The Notice of Application for a Type 5 decision shall set a date for a public meeting, which shall be conducted at least 5 calendar days prior to the end of the public comment period and at least 14 calendar days prior to the City Council public hearing. The public meeting shall be staffed by a representative of the Department, who shall explain the decision criteria applicable to the proposal and the process by which decisions will be reached. The applicant or applicant's representative shall describe the proposal which is the subject of the application. Information and comments submitted at the public meeting shall be considered by the Department in the preparation of its recommendation to the City Council, but shall not constitute part of the public record to be considered by the City Council in its deliberations. B. Type 5 decisions shall be made by the City Council following an open record public hearing. C. Following a public hearing on a Type 5 decision, the City Council shall render a written decision, including findings of fact and conclusions, and the Department shall promptly issue a Notice of Decision pursuant to TMC 18.104.170. D. The decision of the City Council regarding a Type 5 decision shall be final and shall be appealable only to Superior Court pursuant to RCW 36.700. r i P 18.108.060 Legislative Decisions The procedures set forth in TMC Chapters 18.104 through 18.116 shall not be applicable to the adoption or amendment of any comprehensive plan or subarea plan, or to area wide rezoning processes, area wide shoreline redesignation processes, street vacations, or other legislative decisions. 15 I: ATTACHMENT B City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Department of Community Development Director DATE: October 5, 2011 SUBJECT: Low Density Residential Zone Development Standards ISSUE Should the City change residential development standards such as height, setbacks or building footprint to increase the compatibility of infill development with existing structures? BACKGROUND This issue was reviewed by the City Council in 2007, when the Council asked staff to review the way building height was calculated after receiving complaints about a new house that the neighbors felt was out of scale with the surrounding development. The Community Affairs and Parks Committee reviewed the issue and asked staff to look at increasing the rear yard setbacks. Based on the research at that time it was determined that there was no easy fix to regulating the compatibility of infill development and just increasing the setback would not have prevented the house in question to be built. However it was decided to review the height issue with an overall look at the single family standards. An overall look at the policies for residential neighborhoods is usually done as part of the Comprehensive Plan update. At this time Tukwila is mandated by State Law to update its Comprehensive Plan by 2015. The resident who raised this issue in 2007 has asked that this issue be revisited. Staff has prepared some options for the Committee to review in order to address this issue. DISCUSSION There are a number of ways that the bulk or the building envelope of a structure can be regulated, such as building height, lot coverage, setbacks, and in some jurisdictions floor area ratio (FAR). The current development standards in the LDR zone that regulate single family development are listed in Attachment A. Also, Attachment B is the comparison of common development standards of the neighboring jurisdictions. Different development standards that apply to a single family home are discussed below along with some options for revising the standard in order to address the compatibility of infill housing with the existing homes. Building Height Building height is only one element of the development regulations that controls the bulk or the building envelope of a structure. At this time the building height is calculated by the method laid out in the Washington State Building Code. It is measured from the grade plane, which is the average of the finished ground level adjoining the exterior walls of the structure. On a sloping lot the height of the structure on one side can be more than the maximum height allowed on a flat lot. Attachment B discusses the alternate ways of calculating the building height on a sloping lot. One option is to MD 1G-5-11 WA2011 Info Memos- Counci l \Sin-.IeFamDevStandards.doc 17 INFORMATIONAL MEMO Page 2 establish the grade plane from the lowest ground level around the building. Another option is to allow the grade plane to be stepped to allow the structures to better respond to the topography of sloping sites. Either of these options will result in slightly lowering the maximum height of a structure on a sloping lot. In the case of the house that sparked this discussion changing the building height measuring point from average grade plane to lowest elevation would have lowered the house by about five feet. It would not necessarily prevent the construction of a third story. Setbacks Increasing the side and rear setback distance for the second and third story of a house would be another way to reduce the impact of a house on the adjacent properties. The current LDR setbacks are 20' in the front, 10' on the second front (for corner lots), 5' on the sides and 10' in the rear. Tiered side and rear setbacks that increase by 5' per story would modulate the side elevations of the houses and reduce their bulk. The increases could have the effect of limiting the development potential of smaller or oddly shaped lots and preclude the use of stock plans by developers. Another option instead of a tiered setback is to increase the rear and side yard setbacks for the entire structure and have an even larger setback for a three story house. Under this option the rear yard setback in LDR for all houses could be increased to 15 feet and to 25 feet if the house has a third story (with a possible exception for alley accessed garages or accessory structures). The house that triggered this discussion is set back 5 to 7' from one side, 8' from the other and 65' in the back. Building Footprint The LDR zone (TMC 18.10.057) currently limits the footprint of all of the structures on a site to roughly 35% (the percentage decreases as the lot size increases). The building size can be maximized by building that footprint straight up three stories. For substandard sized lots (under 6,500 sf) there is no percentage limit, only the required structure setbacks. There have been some concerns expressed with the formula in the code. Also, there have been some concerns that the formula penalizes development on larger lots or encourages square footage to be added as another story instead of expansion of the footprint. One option may be to allow administrative approval to allow variances up to 10% of the building footprint if certain standards are met such as compatibility in scale with the adjoining homes; modulation of the fagade; and /or larger than required setbacks are provided. Floor Area Ratio (FAR) Tukwila does not currently have FAR standard, which is expressed as the total square footage of the building(s) divided by the square footage of the lot. This links the size of the building to the size of the lot regardless of the number of stories. So you can choose to have 'a larger single story structure or a taller structure with a smaller footprint. Common single family residential FARs range from .45 to .65, which would limit a house on a 6,500 sf lot to between 2,925 and 4,225 sf. Tukwila's Comprehensive Plan suggests a maximum FAR of .5 not including the basement area (CP 7.6.4). The house that triggered this discussion was on a 13,500 sf lot and had a FAR of .34. One option in lieu of having a building footprint standard is to have a graduated FAR standard similar to the building footprint standard, where the percentage decreases as the lot size increases. CONCLUSION Tukwila's single family house regulations are similar to those of nearby, similarly situated communities as seen in the table in Attachment B. The common challenges with infill development are compatibility of the size /bulk with the existing homes; the street layout and orientation of the homes where not all homes face the public street; and the architecture /style of the new homes. MD 2 10 -5 -2011 W:12011 Info Memos- counciiksing leFamDevStandards.doc in INFORMATIONAL MEMO Page 3 As part of the Comprehensive Plan update the City of Tukwila will review the policies in the residential neighborhoods chapter. The policies related to neighborhood quality; density requirements; accessory dwelling units; street layout and sidewalk requirements; orientation of the home; accessory structures and other broader policies will be reviewed and discussed as part of that process. However if the Committee decides to review development standards such as building height, setbacks, building footprint and floor area ratio at this time then staff has laid out some options to consider for further discussion. OPTIONS If the Community Affairs and Parks Committee would like to review the development standards in the LDR zone then listed below are some options: 1) Change the Zoning Code to require a different method of calculating the building height on sloping lots; 2) Amend the standards that regulate bulk by: a) Increasing the rear yard setback in LDR for all houses from 10 to 15 feet and to 25 feet if the house has a third story (with a possible exception for alley accessed garages or accessory structures); and /or b) Choose either i) or ii) listed below: i) Allow administrative approval to allow variances up to 10% of the building footprint standard if certain standards are met such as compatibility in scale with the adjoining homes; modulation of the fagade; and /or larger than required setbacks are provided; or ii) Adopt a graduated FAR standard similar to the building footprint standard, where the percentage decreases as the lot size increases. 3) No Action. RECOMMENDATION The options listed above under #1 and #2 will result in slightly reducing the size and the bulk of the homes that could be built in Tukwila. However none of the changes to the building standards would make a significant difference in the bulk of the house that was the source of the neighborhood complaint. Staff recommends that at a minimum the method of calculating building height on sloping lots be revised. If the Committee wishes to look at options 1 and 2, staff recommends that this item be forwarded to the Planning Commission for further review. Staff would bring back the Planning Commission's recommendation to the City Council for final action. ATTACHMENTS Attachment A: Tukwila's Single Family Development Standards Attachment B: Comparison of development standards of the neighboring jurisdictions Attachment C: Methods of calculating building height MD 3 10 -5 -2011 WA2011 Info Memos Council \SingleFamDevStandards.doc 19 Attachment A Development Standards in the Low Density Residential (LDR) Zone Minimum lot size 6500 sq. ft. Average Lot Width (minimum) 50 feet Setbacks: Front 120 feet Front, decks or porches 15 feet Second Front 10 feet Sides 5 feet Rear 10 feet Height 30 feet maximum and is measured per Washington State Building Code (from the average grade plane to the mid -point of the highest roof) Parking Two spaces for each dwelling unit up to 3 bedrooms and then one additional space for every two bedrooms in excess of 3 bedrooms in a dwelling unit. In addition to the standards listed above the following sections regulate accessory dwelling units, building footprint and the design of the dwelling units: 18.10.030 Accessory dwelling units Accessory dwelling units are permitted in LDR zone, provided the following criteria are met: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 18.10.057 Maximum Building Footprint The maximum total footprint of all residential structures located on a lot in the Low Density Residential District shall be limited to 35% of the lot area, provided: 1. The maximum footprint is reduced by 0.125% for each 100 square feet of lot area in excess of 6,500 square feet and less than 19,000 square feet; 2. The maximum footprint shall be 4,000 square feet for lots between 19,000 square feet and 32,670 square feet; 3. The maximum footprint shall be 5,000 square feet for lots between 32,760 square feet and 43,560 square feet; 4, The maximum footprint shall be 6,000 square feet for lots over 43,560 square feet; and 5. For lots less than 6,500 square feet in size, the maximum total footprint shall be the area defined by the application of the standard setback requirements set forth in the applicable Basic Development Standards, up to a maximum of 2,275square feet. 20 Attachment A 98.50.050 Single Family Dwelling Design Standards All new single family dwellings, except those that are part of an approved Housing Options Demonstration Program, constructed under building permits submitted to the City after August 19, 2005, must: 1, be set upon a permanent foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative; 2. if a manufactured home, be comprised of at least two fully enclosed parallel sections, each of not less than 12 feet wide by 36 feet long; 3. be thermally equivalent to the State's energy code; 4. have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber- cement siding, wood composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable; 5. have the front door facing the front or second front yard, if the lot is at least 40 feet wide; and 6. have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. 18.50.055 Single Family Design Standard Exceptions The design standards required at 18.50,050 (5) and (6) may be modified by the DCD Director as a Type 2 Special Permission decision. 1. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern); b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height; c. If a sloped roof is proposed, it must have at least 24 -inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 2. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; b. The house will be set back at least twice the minimum front yard setback; c. The entrance is oriented to take advantage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design. 21 Attachment B Below is a table listing single family development standards in nearby jurisdictions Building Envelope 22 Jurisdiction Standard Tukwila Kent Renton SeaTac Burien Seattle 30' to roof 2.5 30'+ 5' for Max. Height mid -point stry /35' 2 stry /35' 2 stry /30' 30' 35' roof Min. Lot 5,000 to Area 6,500 7,600 8,000 4,500 15,000 7,200 5,000 60', 70' 50', 60' Lot Width 50' 50' Corner Corner 50' None 35%(2,275) 35% or at 6,500 sf, 1,000+ setbacks 15% only limit Greater Greater (1,750) for Max. Lot below 6,500 of 2,500sf of 2,500sf lots under Coverage sf 45% or 35% or 35% 35% 35% 5,000 sf Setbacks: 15', 20' Front 20' 10' 30' garage 20' 20' 20' Second 15', 20' Front 10' 10' 20' garage 20' 10' 15' Total, Side 5' 5' 5' min. 5' 5' 5' 5' Smaller of 25' or 20% Rear 10' 5' 25' 20' 15' 5' lot depth Impervious 70% Surface 60% 22 Attachment C Methods of Calculating Building Height Building Height is defined in the Zoning Code (TMC 18.06.100) as: "Building height" means the height of a building as calculated by the method in the Washington State Building Code. The Washington State Building. Code defines Building Height and the Grade Plane as: Building Height: The vertical distance from grade plane to the average height of the highest roof surface. Grade Plane: A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 ft (1829 mm) from the building between the structure and a point 6 ft (1829 mm) from the building. Le Height limit Actual Grade Average Grade 23 Attachment C In case of a sloping lot the height is measured from the average grade plane and the visual impact of a structure can be different if it was on a flat lot. This is particularly of importance in residential zones where the compatibility of existing and new homes becomes an issue. In order to address sloping lots the City Council has options to amend the building height definition as follows: "Building height" means the height of a building as calculated by the method in the Washington State Building Code, except if the slope of the subject property is 15% or more and the subject property is zoned residential then building height shall be calculated by either option a) or option b) listed below: a) The grade plane shall be established from the lowest finished grade or lowest existing grade (whichever is lower) adjoining the building at any exterior wall; or Height Limit Actual Grade is greater than 15% Lowest Grade 24 Attachment C b) In order to allow the structures to better respond to the topography of sloping sites a structure will be allowed to adjust the points at which height is measured. This may be accomplished by establishing separate grade planes at intervals of least 15 feet for different sections of the structure. Height limit t, y 15' 1s' Section 3 15' Section 2 Section 1 a a Average Grade or Lowest Grade foreachsection a Additionally, the city may require a topographic survey from a licensed land surveyor when the existing grade will be disturbed to accomplish the construction or when the final height of the new structure in the area where grade is being disturbed is within 2 feet of the allowed height limit for the structure as measured above the existing or finished grade. 25 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes October 10, 2011— S: 00 p. m.; Conference Room #3 PRESENT Councilmembers: Verna Seal, Chair; Joe Duffie and De'Sean Quinn Staff: Derek Speck, Peggy McCarthy, Brandon Miles, Minnie Dhaliwal, Jack Pace and Kimberly Matej Guests: Sandra Kruize CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:02 p.m. I. PRESENTATIONS -No presentations. H. BUSINESS AGENDA A. Crisis Diversion Facilities: Ordinance Reveal and Ammendment Staff is seeking Council approval to repeal Ordinance No. 2332 regarding the location of Crisis Diversion (CDF) and Crisis Diversion Interim Facilities (CDIS) within the City of Tukwila. This repeal is being requested as a result of a decision made by the King County Superior Court on September 16, 2011, which overturned a previous decision by the Central Puget Sound Growth Management Board (Board). Ordinance No. 2332 expanded the location of the above facilities in response to the Board's assertion that a previous ordinance (No. 2287) did not comply with the provisions of the Growth Management Act. Since Superior Court has reversed the Board's decision, the City is now able to repeal Ordinance No. 2332, and revert back to original Ordinance No. 2287. In addition to the repeal, staff is requesting an amendment to Ordinance No. 2287, which would include a revised definition of CDF /CDIS facilities to be consistent with State legislation. This revised definition was included in Ordinance No. 2332. A public hearing will be scheduled on this item for the October 24 COW. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION AND PUBLIC HEARING. B. Low Densitv Residential Zone Development Standards Staff is seeking Committee direction on how to proceed with policy standards relative to low density residential zone development. This item originally came forward to Council in 2007 in response to concerns regarding development of residential infill that did not appear to be compatible with existing structures. Concerns regarding such infill were not completely addressed at the time, and staff is now seeking policy direction from the Committee regarding such standards. After discussion, the Committee Members determined that it is in the best interest of the community for staff to review the calculations for building height in regards to ill and existing structures while balancing the needs of the community without discouraging development. This item will move forward to the Planning Commission for review and work as appropriate and return to Committee and Council with a recommendation. The Committee suggested that other issues such as setbacks, lot sizes and variances in regards to low density residential development be looked at during the Comprehensive Plan review process. FORWARD TO PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION. III. MISCELLANEOUS Meeting adjourned at 5:33 p.m. Next meeting: Monday, October 24, 2011— 5:00 p.m. Conference Room #3 Q 1 Committee Chair Approval Mi tes b KAM. 26 27 ATTACHMENT C Parcels with Mobile Homes (Not including Mobile Home Parks) A'iJ C. L 'IT ...._.v J I" FIJI 4j Ji A- 6W VZ CAL Ulf 1Iuf J jEfUlf"" LT\�, I A l f f! If r 41, rf 9 It I I ILI EI U- IJ [U)I j L�4 TI[ �j J, I r'7 1i J JT P IL r T Ll F 3 I T I L 19 1 I I'l J F1 I t LI Ll vil I lu JR Ly TTT) AI 27 W.* ATTACHMENT D w ipolllllu i uululm','�� p� 1 1) tlllllllllh '�inw wllllllllll 30 31 32 ATTACHMENT E 15.50.050 Single-Family Dwelling Design Standards are s All new single- family dwellings, except those that are part of an approved Housing Options Demonstration Program, constructed under building permits submitted to the City after August 19, 2005, must: 1. be set upon a permanent foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative, if a manufactured home, be comprised of at least two frilly- enclosed parallel sections, each of not less than 12 feet wide by 36 feet long, 3. be thermally equivalent to the State's energy code, 4. have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber- cement siding, wood composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable, 5. have the front door facing the front or second front yard, if the lot is at least 40 feet wide, and 6. have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. 15.50.055 Single Family Design Standard Exceptions The design standards required at 18.50.050 (5) and (6) may be modified by the DCD Director as a Type 2 Special Permission decision. 1. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern), b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height, c. If a sloped roof is proposed, it must have at least 24 -inch eaves, and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 2. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard, b. The house will be set back at least twice the minimum front yard setback, c. The entrance is oriented to take advantage of a site condition such as a significant view, or d. The entry feature is integral to a unique architectural design. x n, 1� u.. 5,. V u u 5.. u n r. d u. 5.. 4. i! n `f a v i, v u 4, v u 33 34 ATTACHMENT F 5.44. 030 is Application A. Every person desiring to operate or have charge of a tow truck business within the City shall make a written application to the Finance Director for a license to do so. B. Such application shall be referred to the Planning Director for review to insure the proper location and screening of the proposed operation as set forth in TMC 8.28.180 Landscape Maintenance In addition to the foregoing, it constitutes a nuisance for anyone to fail to maintain landscaping, including but not limited to lawns, shrubs, trees and other plantings, whether of native growth or domestic vegetation in commercial, manufacturing or industrial, or multiple dwelling residential areas of the City, and it is a nuisance to fail to maintain landscaping as designated in the landscaping and maintenance plan required before occupancy o 8.07.040G As described in this section, the following areas are designated as drug free zones, subject to the provisions of this section: 1. Schools (includes 1,000 -foot buffer zone): a Foster High School 424? S. 144th b Showalter Middle School 4628 S. 144th St. c Tukwila Elementary 5939 S. 149th St. d Cascade View Elementary 13601 32nd Ave. S. e Thorndyke Elementary 4415 S. 150th St. �9, r fir, _E w 2. Parks: a Duwamish Park 42nd Ave. S. /S. 116th St. b Pea Patch Codiga Farm, or as designated by City. c Riverton Park 45th Ave. S. /S. 133rd St. d 57th Avenue Park 57th Ave. S. /S. 133rd St. e Hazelnut Park 59th Ave. S. /S. 147th St. f Fort Dent Park Southcenter Blvd./ Interurban Ave. S. g Tukwila Park 65th Ave. S. /S. 153rd St. h Ikawa Park 6200 Southcenter Blvd. i Bicentennial Park Christensen Rd. /Strander Blvd. 35 j Duwamish/Green River Trail Part of valley river trail system along shores of the Duwamish /Green River k Interurban Trail S. 180th to north City limits 1 Crestview Park 42nd Ave. S. /S. 162nd St. m Crystal Springs Park 51st Ave. S. /S. 158th St. n Joseph Foster Memorial Park 53rd Ave. S. /S. 137th St. o Southgate Park 40th Ave. S. /S. 133rd St. p Community Center Park 42nd Ave. S. /S. 124th q Old Southgate School Park 41st Ave. S. /S. 131st St. r Tukwila Pond Park S. 168th/Strander Blvd. s Designated park trails kw,�.... a., 3. Community Centers: a Tukwila Community Center12424 42nd Ave. S. 4. Libraries: a Tukwila Library 14475 59th Ave. S. b Foster Library 4060 S. 144th 5.22.120 Variances For variances 30 tlt {ys or less, notice is not required except: (3) In the case of residential parties and prior to granting the k, variance, the applicant shall provide written notice to all residents within 500 feet of where the event is being held. When the 500 foot radius includes multi family complexes, all residents of the complex shall be notified. V iolati ons E. It is unlawful to: 1. Maintain, allow, permit or fail to prevent a nuisance as defined in TMC Chapter 8.28 or as defined throughout the Tukwila Municipal Code; and 2. Fail to comply with any applicable provisions of the Tukwila Municipal Code, including, but not limited to, the regulations and requirements found in the following sections of the Tukwila Municipal Code, as now in effect or as may be amended hereafter: TMC 5.04.115 Penalties. Penalties. 9.32.200 Penalties. Enforcement. Violation Penalties. 2 36 Enforcement. 14.06.0 Penalties. 14.16.110 Penalty for violation. 16.04.020 ;;6 Uniform codes adopted. 16.16.072 Parking in fire lanes prohibited. 16.52.080 Penalties for noncompliance. 16.54. ;'00 Penalties. 17.28.020 Penalties. 19. J Penalty for violations. 5.25.020 Parking Limitations. D. Approved durable uniform surfaces outside of structures on -site may cover a maximum of 1,200 square feet or 10% of the lot surface, whichever is greater. n' E. No more than 50% of the front yard or 800 square 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. F. Single family properties on pre- existing, legal lots of record containing less than 6,500 square feet are exempt from the s of 8.25.020D a, 15.56.065 Residential Parking Requirements A. Two off street parking spaces shall be provided for each dwelling unit which contains up to three bedrooms. One additional off street parking space shall be required for every two bedrooms in excess of three bedrooms in a dwelling unit (i.e., four- and five bedroom dwelling units shall have three offstreet parking spaces, six- and seven bedroom homes shall have four spaces, and so on). 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. 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 assure 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, which 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 37 change of use or type of occupant is proposed that would alter the potential number of drivers livin or working at the dwelling, the application for change of use shall be conditioned on "n "n "n "n I- I- I- I- construction of any additional off-street parking spaces required to meet the standards of this Code. 18.06.100 "Building height" means the height of a building as calculated by the method in the Washington State Building Code, Height Limit Actual Grade is greater than 15% Lowest Grade al W; Height Limit 15' I 15' Section 3 15' Section 2 Section 1 z Average Grade or Lowest Grade for each section El vt 5 w 18.06. 933 Wetland, Regulated "Regulated wetland" means ponds or lakes 30 acres or less and those lands subject to the "wetland" definition contained in this chapter. Vr .1 .1 r ,.k `1 3. Family child care homes, provided the facility shall be licensed by the Department of and shall provide a safe passenger loading zone. 15.10.055 Design Review Design review is required for all conditional rcs, unclassified uses Design review is required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone as well as development in the Urban Overlay District. (,See T V ('hal)ter• 1x.60, Board of Ar•chitectitral Revieiv.) a v, P a I t 18.45.180 Exceptions A. REASONABLE USE EXCEPTIONS 1. If application of TMC Chapter 18.45 would deny all reasonable use of the property containing wetlands, watercourses or their buffers, the property owner or the proponent of a development proposal may apply for a reasonable use exception. Applications for a reasonable use exception shall be a Type decision and shall be processed pursuant to TMC Chapter 18.104. 3. If the applicant demonstrates to the satisfaction of the that application of the provisions of TMC Chapter 18.45 would deny all reasonable use of the property, development may be allowed which is consistent with the general purposes of TMC Chapter 18.45 and the public interest. 4. The a in granting approval of the reasonable use exception, must determine that: .s a. There is no feasible on -site alternative to the proposed activities, including reduction in size or density, modifications of setbacks, buffers or other land use restrictions or requirements, phasing of project implementation, change in timing of activities, revision of road and lot layout, and /or related site planning that would allow a reasonable economic use with fewer adverse impacts to the sensitive area. b. As a result of the proposed development there will be no unreasonable threat to the public health, safety or welfare on or off the development proposal site. c. Alterations permitted shall be the minimum necessary to allow for reasonable use of the property. d. The proposed development is compatible in design, scale and use with other development with similar site constraints in the immediate vicinity of the subject property if such similar sites exist. e. Disturbance of sensitive areas has been minimized by locating any necessary alterations in the buffers to the greatest extent possible. f. The inability to derive reasonable use of the property is not the result of (1) a segregation or division of a lar parcel on which a reasonable use was permittable after the effective date of Sensitive Areas Ordinance No. 1599, June 10, 1991, (2) actions by the owner of the property (or the owner's agents, contractors or others under the owner's control) that occurred after the effective date of the sensitive areas ordinance provisions that prevents or interferes with the reasonable use of the property, or (3) a violation of the sensitive areas ordinance, g. The when approving a reasonable use exception, may impose conditions, including but not limited to a requirement for submission and implementation of an approved mitigation plan designed to ensure that the development: (1) complies with the standards and policies of the sensitive areas ordinance to the extent feasible, and (2) does not create a risk of damage to other property or to the public health, safety and welfare. h. Approval of a reasonable use exception shall not eliminate the need for any other permit or approval otherwise required for a project, including but not limited to design review. 15.45.120 Areas of Potential Geologic Instability Designation, Rating and Buffers C. Each development proposal containing or threatened by an area of potential geologic instability Class 2 or higher shall be subject to a geotechnical report pursuant to the requirements of TMC Chapter 18.45.040 r '0. and 18.45.060. The geotechnical report shall analyze and make recommendations on the need for and width of any setbacks or buffers necessary to achieve the goals and requirements of TMC Chapter 18.45. Development proposals shall then include the buffer distances as defined within the geotechnical report. 18.52.050 Landscape Plan Requirements A. A Washington State licensed landscape architect shall prepare and stamp 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. Included in the plans shall be type, quantity, spacing and location of plants and materials, site preparation and specifications for soils and mulches, location of all overhead and underground utilities (so as to avoid conflicts with proposed planting locations), typical planting details and the location of irrigation systems. 7 B. 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. If necessary due to weather conditions or constriction scheduling the installation may be postponed to the next planting season if approved by the Community Development 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. The property owner shall keep all planting areas free of weeds and trash and replace any unhealthy or dead plant materials for the life of the project in conformance with the intent of the approved landscape plan and TMC 8.28.180. a u.. 18.56.040 General Requirements f. The Public Works Director or may require ingress separate from an egress for smoother and safer flow of traffic. I: Off street space for standing, loading and unloading services shall be provided in such a manner as not to obstruct freedom of traffic movement on streets or alleys. For all office, commercial, and industrial uses, each loading space shall consist of at least a ten -foot by 30 -foot loading space with 14 -foot height clearance for small tricks such as pickup tricks, or al? -foot by 65 -foot loading space with 14 -foot height clearance for large tricks, including tractor trailer large spaces. The prescribed number of spaces are as follows: Loading Space Requirements Square Feet of Gross Floor Area (Except asement Area) Number of Spaces Office Buildings, Hotels, Hospitals, and Institutions 1 3,000 to 100,000 2 100,000 to 335,000 3 335,000 to 625,000 4 625,000 to 945,000 5 945,000 to 1,300,000 6 1,300,000 to 1,695,000 7 1,695,000 to 2,130,000 8 2,130,000 to 2,605,000 9 2,605,000 to 3,120,000 10 3,120,000 to 3,675,000 Number of Spaces Other Commercial and Industrial Buildings (30% minimum large spaces) 1 Under 10,000 2 10,000 to 25,000 3 25,000 to 85,000 4 85,000 to 155,000 E1 42 5 155,000 to 235,000 6 235,000 to 325,000 7 325,000 to 425,000 8 425,000 to 535,000 9 535,000 to 655,000 10 655,000 to 775,000 11 775,000 to 925,000 These requirements may be modified as a Type decision, where the r finds that such reduction will not result in injury to neighboring property, or obstruction of fire lanes traffic and will be in harmony with the purposes and intent of this chapter. 15.56.120 Filing of Plans Detailed plans of off street parking areas, indicating the proposed development including the location, size, shape, design, curb -cuts, adjacent streets, circulation of traffic, ingress and egress to parking lots and other features and appurtenances of the proposed parking facility, shall be filed with and reviewed by the DCD. The parking area shall be developed and completed to the required standards before an occupancy permit for the building may be issued 7 7 D. Process: Upon application to and review by the L:, subject to a Type decision process outlined in TMC 18.108 0 "'0, the bicycle parking requirements may be modified or waived, where appropriate. r a ap. ff.p i� 18.56.1.10 Administrative Variance from Parking Stand ards A. General: 1. A request for an administrative variance from required parking standards must be received prior to any issuance of building or engineering permits. Administrative variances are only eligible for requests for reductions of required parking between 1% and 10 Requests for reductions from minimum parking standards in excess of 10% must be made to the 2. The project developer shall present all findings to the Director prior to any final approvals, including design review, conditional use permit review, building review or any other permit reviews required by the Director. B. Cl'itEria: 1. All requests for reductions in parking shall be reviewed under the criteria established in this section. A _I.�7 In addition to the following requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking which cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. A reduction may be allowed, pursuant to either an Administrative variance or requests to the Planning Commission, after: a. All shared parking strategies are explored. b. On -site park and ride opportunities are fully explored. c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. d. The site is at least 300 feet away from a singlefamily residential zone. e. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects. C. Process: 1. An applicant shall submit evidence that decreased parking will not have a negative impact on surrounding properties or potential future uses. This may take the form of a brief report for administrative variances. Decreases in excess of 10% must be made to the The Director may require additional studies to ensure that negative impacts are properly mitigated. A complete and detailed Parking Demand study is required for requests reviewed by the Planning Commission. All site characteristics should be described in report, including a. Site accessibility for transit. b. Site proximity to transit, with 15- to 30- minute headways. c. Shared use of on -site parking. d. Shared use of off -site parking. e. Combined on -site parking. f. Employee density. g. Adjacent land uses. D. Review: Applications for Administrative Variances for reductions below minimum parking requirements between 1% and 10% shall be processed as Type 2 decisions, pursuant to TMC 18.108.020. Applications for reductions from minimum parking requirements in excess of 10% shall be processed as Type..", decisions, pursuant to TMC 18.108.0 0, including a hearing before the r a ap. ff.p i� 18.60.030 Scope of Authority (This same language regarding design review in shoreline zone needs to amended in the Design Review section in LDR, MDR, HDR, MUO, 0, RCC, NCC, RC, RCM, TUC, TVS and A. The riles and regulations of the Board of Architectural Review shall be the same as those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission. B. The DCD Director will review projects meeting the thresholds for administrative design review. The BAR will review all other projects requiring design review approval. The Board and the DCD Director shall have the authority to approve, approve with conditions, or deny all plans submitted based on a demonstration of compliance with all of the guidelines of this chapter, as judged by the preponderance of evidence standard. 10 C. Design review is required for the following described land use actions: 1. All developments will be subject to design review with the following exceptions: a. Developments exempted in the various districts, b. Developments in LI, HI, MIC /L and MIC /H districts, except when within 300 feet of residential districts or within 200 feet of the Green/Duwamish River or that require a shoreline permit, 2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25 the changes will be reviewed administratively), a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, O, RCC, NCC, RC, RCM, TUC and C /LI zoning districts, and b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see TMC Figure 18 -9). c. for any multi- family structures in MDR and HDR zones. 0 F; a 3. Development applications using the procedures of 18.60.60, Commercial Redevelopment Area. 4. Development applications using the procedures of 18.43, Urban Renewal Overlay District. Z k" r r D. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards may be waived and conditioned, upon approval of plans by the BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. E. No changes shall be made to approved designs without further BAR or Director approval and consideration of the change in the context of the entire project, except that the Director is authorized to approve minor, insignificant modifications which have no impact on the project design. v„ y 18.60.050 Design Review Criteria C. Multi Family, Hotel and Motel Design Review Criteria. In reviewing any multi family; hotel' et motel: or non- residential develoi)ment in Low Density Residential zone ftpp- !:ca;i the following criteria shall be used by the BAR in its decision making as well as the Multi Family Design Manual or Townhouse Design Manual. Detached zero- lot -line type of developments shall be subject to the Townhouse Design Manual. 11 F+ 1. SITE PLANNING. a. Building siting, architecture, and landscaping shall be integrated into and blend harmoniously with the neighborhood building scale, natural environment, and development characteristics as envisioned in the Comprehensive Plan. For instance, a multi family development's design need not be harmoniously integrated with adjacent single family strictures if that existing single family use is designated as "Commercial" or "High- Density Residential" in the Comprehensive Plan. However, a "Low- Density Residential" (detached sin(_1,le- family) designation would require such harmonious design integration. b. Natural features, which contribute to desirable neighborhood character, shall be preserved to the maximum extent possible. Natural features include, but are not limited to, existing significant trees and stands of trees, wetlands, streams, and significant topographic features. c. The site plan shall use landscaping and building shapes to form an aesthetically pleasing and pedestrian scale streetscape. This shall include, but not be limited to facilitating pedestrian travel along the street, using architecture and landscaping to provide a desirable transition from streetscape to the building, and providing an integrated linkage from pedestrian and vehicular facilities to building entries. d. Pedestrian and vehicular entries shall provide a high quality visual focus using building siting, shapes and landscaping. Such a feature establishes a physical transition between the project and public areas, and establishes the initial sense of high quality development. e. Vehicular circulation design shall minimize driveway intersections with the street. f. Site perimeter design (i.e., landscaping, strictures, and horizontal width) shall be coordinated with site development to ensure a harmonious transition between adjacent projects. g. Varying degrees of privacy for the individual residents shall be provided, increasing from the public right- ofway, to common areas, to individual residences. This can be accomplished through the use of symbolic and actual physical barriers to define the degrees of privacy appropriate to specific site area functions. h. Parking and service areas shall be located, designed and screened to interrupt and reduce the visual impact of large paved areas, i. The height, bulls, footprint and scale of each building shall be in harmony with its site and adjacent long -term strictures. BUILDING DESIGN. a. Architectural style is not restricted, evaluation of a project shall be based on the quality of its design and its ability to harmonize building texture, shape, lines and mass with the surrounding neighborhood. b. Buildings shall be of appropriate height, scale, and design/shape to be in harmony with those existing permanent neighboring developments which are consistent with, or envisioned in, the Comprehensive Plan. This will be especially important for perimeter structures. Adjacent strictures that are not in conformance with the Comprehensive Plan should be considered to be transitional. The degree of architectural harmony required should be consistent with the nonconforming structure's anticipated permanence. c. Building components, such as windows, doors, eaves, parapets, stairs and decks shall be integrated into the overall building design. Particular emphasis shall be given to harmonious proportions of these components with those of adjacent developments. Building components and ancillary parts shall be consistent with the anticipated life of the structure. 12 W d. The overall color scheme shall work to reduce building prominence and shall blend in with the natural environment. e. Monotony of design in single or multiple building projects shall be avoided. Variety of detail, form, and siting shall be used to provide visual interest. Otherwise monotonous flat walls and uniform vertical planes of individual buildings shall be broken up with building modulation, stairs, decks, railings, and focal entries. Multiple building developments shall use siting and additional architectural variety to avoid inappropriate repetition of building designs and appearance to surrounding properties. 3 LANDSCAPE AND ,SITE TREATMENT. a. Existing natural topographic patterns and significant vegetation shall be reflected in project design when they contribute to the natural beauty of the area or are important to defining neighborhood identity or a sense of place. b. Landscape treatment shall enhance existing natural and architectural features, help separate public from private spaces, strengthen vistas and important views, provide shade to moderate the affects of large paved areas, and break up visual mass. c. Walkways, parking spaces, terraces, and other paved areas shall promote safety and provide an inviting and stable appearance. Direct pedestrian linkages to the public street, to on -site recreation areas, and to adjacent public recreation areas shall be provided. d. Appropriate landscape transition to adjoining properties shall be provided. 4. AIISCELLANE0 t N STR t l( IRES. a. Miscellaneous strictures shall be designed as an integral part of the architectural concept and landscape. Materials shall be compatible with buildings, scale shall be appropriate, colors shall be in harmony with buildings and surroundings, and stricture proportions shall be to scale. b. The use of walls, fencing, planting, berms, or combinations of these shall accomplish screening of service yards and other places that tend to be unsightly. Screening shall be effective in winter and summer. c. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from view. Screening shall be designed as an integral part of the architecture (i.e., raised parapets and fully enclosed under roof) and landscaping. d. Exterior lighting standards and fixtures shall be of a design and size consistent with safety, building architecture and adjacent area. Lighting shall be shielded and restrained in design with no off -site glare spill -over. Excessive brightness and brilliant colors shall not be used unless clearly demonstrated to be integral to building architecture. 18.12.060 Design Review Desian review is reauired for all new multi familv structures; mobile or manufactured home parks; for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone and, in the shoreline iurisdiction, new buildina construction or exterior chanaes if the cost of the exterior work eauals or exceeds 10% of the buildina's assessed valuation. Multi- family structures up to 1,500 square feet will be reviewed administratively. (See TMC Chap. 18.60, Board of Architectural Review.) 13 18.14.060 Design Review Desian review is reauired for all multi familv structures; mobile or manufactured home parks; and for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone and in the shoreline iurisdiction, new buildina construction or exterior chanaes if the cost of the exterior work eauals or exceeds 10% of the buildina's assessed valuation. Multi- family structures up to 1,500 square feet will be reviewed administratively. (Se TMC Chapter 18.60, Board of Architectural Review.) 18.16.070 Design Review Design review is required for all Droiects located within the shoreline iurisdiction that involve new buildina construction or exterior chanaes if the cost of the exterior chanaes eauals or exceeds 10% of the buildina's assessed valuation, commercial structures 1,500 square feet or larger outside the shoreline iurisdiction, for all structures containing multi family dwellings and all structures in the Tukwila International Boulevard corridor. Commercial structures between 1,500 and 5,000 square feet, multi family structures up to 1,500 square feet, and all buildings up to 1,500 square feet in the Tukwila International Boulevard corridor will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) 18.18.070 Design Review Design review is required for all Droiects located within the shoreline iurisdiction that involve new buildina construction or exterior chanaes if the cost of the exterior chanaes eauals or exceeds 10% of the building's assessed valuation, commercial structures 1,500 sq. ft. or larger outside the shoreline iurisdiction. Commercial structures between 1,500 and 5,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) 1 8.20.070 [Design Review Desian review is reauired for all commercial and multifamily structures and all Droiects located within the shoreline iurisdiction that involve new buildina construction or exterior chanaes if the cost of the exterior chanaes eauals or exceeds 10% of the buildina's assessed valuation. Commercial and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See Board of Architectural Review chapter of this title.) 1 8.22.070 [Design Review Desian review is reauired for all commercial and for all multi family structures and all Droiects located within the shoreline iurisdiction that involve new buildina construction or exterior chanaes if the cost of the exterior chanaes eauals or exceeds 10% of the buildina's assessed valuation. Commercial and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, 14 reconstructions, alterations or improvements to buildings over 10,000 square feet or in the Tukwila International Boulevard corridor. (See the Board of Architectural Review chapter of this title.) xo- 1 8.24.070 [Design Review Design review is required for all groiects located within the shoreline iurisdiction that involve new buildina construction or exterior chances if the cost of the exterior chances equals or exceeds 10% of the buildina's assessed valuation, and all hotels and motels and for other commercial structures 1,500 square feet or larger outside the shoreline iurisdiction. Outside of the Tukwila International Boulevard corridor, commercial structures between 1,500 and 5,000 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. Within the Tukwila International Boulevard corridor (see TMC Figure 18 -9), design review is required for all new development as well as certain exterior repairs, reconstructions, alterations or improvements. Commercial and multi family structures up to 1,500 square feet will be reviewed administratively. (Details on design review are found in Chapter 18.60, Board of Architectural Review.) 18.26.070 Design Review Design review is required for all Droiects located within the shoreline iurisdiction that involve new buildina construction or exterior chances if the cost of the exterior chances eauals or exceeds 10% of the buildina's assessed valuation, and commercial structures 1,500 square feet or larger and for all structures containing multi family dwellings outside the shoreline iurisdiction. Commercial structures between 1,500 and 5,000 square feet and multi- family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See the Board of Architectural Review chapter of this title.) Design vl Design review is required for all Droiects located within the shoreline iurisdiction that involve new buildina construction or exterior chances if the cost of the exterior chances eauals or exceeds 10% of the buildina's assessed valuation, and all commercial structures larger than 1,500 square feet, and for all structures containing multi family development outside the shoreline iurisdiction. Commercial structures between 1,500 and 2,500 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. (See Board of Architectural Review chapter of this title.) z 18.30.070 Design Review Desian review is reauired for new developments within 300 feet of residential districts, all proiects located within the shoreline iurisdiction that involve new buildina construction or exterior chances if the cost of the exterior chances eauals or exceeds 10% of the buildina's assessed valuation, a v i¢k;;, 2(1 fc:&' of Jk o Creer,'! "'Aw ech Rr.'or, or for developments larger than 1,500 square feet outside the shoreline iurisdiction. Commercial structures between 1,500 and 10,000 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. 15 F, 18 .32.070 Design Review Administrative design review is required for all proiects located within the shoreline iurisdiction that involve new building construction or exterior chances if the cost of the exterior chances equals or exceeds 10% of the building's assessed valuation, or new developments within 300 feet of residential districts. er Mhin 200 fcc rcen rya lc" River. 1 8.34.070 [Design Review Administrative design review is required for all proiects located within the shoreline iurisdiction that involve new building construction or exterior chances if the cost of the exterior chances eauals or exceeds 10% of the buildina's assessed valuation. or new developments within 300 feet of residential districts or within 200 fcc; of ¢.�e Creen,'D ids" Ic,`� Pi� er. Administrative design review is also required for new developments over 45 feet in height- outside the shoreline iurisdiction 1 8.36.070 [Design Review Administrative desian review is reauired for all new office development and other new developments within 300 feet of residential districts or all proiects located within the shoreline iurisdiction that involve new buildina construction or exterior chanaes if the cost of the exterior chanaes eauals or exceeds 10% of the buildina's assessed valuationvJ!h,.;)- 20v fcc; c{ ¢ho Creen, va ;c" River. 1 8.38.070 [Design Review Administrative desian review is required for all new office development and other developments within 300 feet of residential districts or all proiects located within the shoreline iurisdiction that involve new building construction or exterior chanaes if the cost of the exterior chanaes eauals or exceeds 10% of the building's assessed valuationwiNn 20v fcc; c{ ¢ho Creen, va ;s" River. a s a ',t1� ,m s aa_ .jt g TJ p j Dlectign rev�ow is required fc now uctid,, -p. ;ert within 300 feet of residential districts; or all proiects located within the shoreline iurisdiction that involve new buildina construction or exterior chanaes if the cost of the wiNn 200 feel c fr.�e Creen,'Ll". ve —.1 River; for developments larger than 1,500 sq. ft. and for all multi family developments outside the shoreline iurisdiction. Commercial structures between 1,500 and 10,000 square feet and multi family structures up to 1,500 square feet will be reviewed administratively. s ""s 15.66.120 Expansion of Existing Unclassified Use -Animal Rendering Facilities In addition to the strictures permitted pursuant to TMC 18.66.110, existing animal rendering facilities shall be allowed to constrict new facilities to update and /or modernize such use without needing to obtain a new or revised unclassified use permit if such constriction involves an intensification of the permitted existing facility. For purposes of this section, "facilities" shall refer to all strictures, including tanks, processing equipment, buildings and other improvements M. 50 used in the rendering operation, and "intensification" shall mean new constriction shall meet all of the requirements below. Any proposed new constriction which fails to meet one or more of the requirements of intensification shall be considered an enlargement or expansion, and shall require an application for a new or revised unclassified use permit for the facilities which constitute the enlargement or expansion: 1. The constriction of new facilities shall be considered an intensification and may be permitted without the need to obtain an Unclassified Use Permit (UUP) if a. The total area of the site is not increased. b. The constriction of new facilities does not generate more than ten new vehicle trips at peals hour, as determined pursuant to TMC Chapter 9.48, related to traffic concurrency. c. No new facilities are located in the d. The new facilities will comply with the performance standards set forth in TMC 18.66.130. e. The constriction of new manufacturing facilities does not result in more than a 5% cumulative increase in the manufacturing capacity of the processing facility. f. The constriction will not increase the extent of any nonconformity of any stricture by reason of its height, bulls or setbacks. 15.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and /or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. 17 51 TYPE I DECISIONS TYPE OF PERMIT DECISION MAILER Administrative Variance for Community Noise 30 days or less (TMC Development 8.-)-).1-)0) Director Any land use permit or approval As specified by issued by the City, unless ordinance specifically categorized as a Director Type 2, 3, 4, or 5 decision by Community this Chapter Development Boundary Line Adjustment, Community including Lot Consolidation Development (TMC Chapter 17.08) Director Development Permit Building Official Minor modification to design Community review approval (TMC Development 18.60.0 Director Minor Modification to PRD Community (TMC 18.46.130) Development Director Sign Permit, except for those Community sign permits specifically Development requiring approval of the Director Planning Commission, or denials of sign permits that are appealable Tree Permit (TMC 18.54) Community Development Director Wireless Communication Community Facility, Minor (TMC 18.58) Development Director 2. TYPE 2 DECISIONS are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. E 52 TYPE 2 DECISIONS INITIAL APPEAL BOD' 19 53 DECISION (open record TYPE OF PERMIT MAILER appeal) Administrative Community Board of Design Review Development Architectura (TMC 18.60.030) Director 1 Review Administrative Short Plat Hearing Planned Residential Committee Examiner Development TMC 18.46.110 Administrative Community Hearing Variance for Noise Development Examiner 31 -60 days (TMC Director Section 8.22.120) Binding Site Short Plat Hearing Improvement Plan Committee Examiner (TMC Chap. 17.16) Cargo Container Community Hearing Placement Development Examiner TMC 18.50.060) Director Code Interpretation Community Hearing TMC 18.90.010) Development Examiner Director Exception from Community Hearing Single Family Development Examiner Design Standard Director (TMC 18.50.050) Modification to Community Hearing Development Development Examiner Standards (TMC Director 18.41.100) Parking standard for Community Hearing use not specified Development Examiner TMC 18.56.100) Director Sensitive Areas Community Hearing (except Reasonable Development Examiner Use Exception) Director (TMC 18.45) 19 53 Shoreline Substantial Community State Development Permit Development Shorelines (TMC Chapter Director Hearings Bd 18.44) Short Plat Short Plat Hearing (TMC 17.12) Committee Examiner t 3. TYPE 3 DECISIONS are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS INITIAL APPEAL DECISION BODY TYPE OF PERMIT MAILER (closed record appeal) Resolve uncertain Hearing Superior zone district Examiner Court boundary 20 54 Variance (zoning, Hearing Superior shoreline, sidewalk, Examiner Court land alteration, sign) TSO Special Hearing Superior Permission Use Examiner Court (TMC Section 18.41.060) Conditional Use Hearing Superior Permit Examiner Court Modifications to Hearing Superior Certain Parking Examiner Court Standards (TMC Chapter 18.56) Reasonable Use Hearing Superior Exceptions under Examiner Court Sensitive Areas Ordinance (TMC Section 18.45.180) Variance for Noise Hearing Superior in excess of 60 days Examiner Court (TMC Section 8.- ).1 -)0) Variance from Hearing Superior Parking Standards Examiner Court over 10% TMC Section 18.56.140) Subdivision Hearing Superior Preliminary Plat Examiner Court with no associated Design Review application (TMC Section 17.14.0?0) Wireless Hearing Superior Communication Examiner Court Facility, Major or Waiver Request (TMC Chapter 18.58) 4. TYPE 4 DECISIONS are quasi judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may 21 55 be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 4 DECISIONS INITIAL APPEAL DECISION BODY TYPE OF PERMIT MAILER (closed record appeal) Public Hearing Board of Hearing Design Review Architectural Examiner (TMC Chap. 18.60) Review Subdivision Planning Hearing Preliminary Plat Commission Examiner with an associated Design Review application (TMC 17.14.020) 5. TYPE 5 DECISIONS are quasi- judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. TYPE 5 DECISIONS INITIAL APPEAL 22 56 DECISION BODY TYPE OF PERMIT MAILER (closed record appeal) Planned Residential City Superior Development Council Court (PRD), including Major Modifications (TMC Chap. 18.46) Rezone 0, City Superior Council Court (TMC Chapter 18.84) 22 56 Sensitive Area City Superior Master Plan Overlay Council Court (TMC 18.45.160) Shoreline City Superior Environment Re- Council Court designation Shoreline Master Program) Subdivision Final City Superior Plat Council Court (TMC 17.1?.030) Unclassified Use City Superior (TMC Chapter Council Court 18.66) 18.104.170 Notice of ecision A. The Department shall provide written notice in a timely manner of the final decision on permits requiring Type 2, 3, 4 and 5 decisions and on permits requiring Type 1 decisions which require SEPA review. Such notice shall identify the threshold determination, if any, and the procedures for administrative appeals, if any. Notice shall be delivered by first class mail or in person to the applicant, to the Department of Ecology and to agencies with jurisdiction, and to all parties of record. B. Notices of Decision for Shoreline Substantial Development permits shall also comply with the requirements of RCW 90.58. 15.120.050 Review and Application Process A. Limited time fiaine to apply. When the Director of DCD selects an application as outlined in TMC 18.120.030, the project proponent must apply within one year for the appropriate decision(s) or the selection will become null and void. B. Tipe c fApplicatioii. Decision types are described in the Permit Application Types and Procedures Chapter of the Tukwila Zoning Code (TMC 18.104). In all cases, design review is required and shall be consolidated per "Consolidation of Permit Applications" in the Permit Application Types and Procedures Chapter (TMC 18.104.030) a a d 23 57 21.0 .210 Public notice Procedure A. Whenever public notice is required, the City shall follow the procedures set forth in this section. B. Public notice will be given in the following situations: 1. When the City issues the following Determinations of Non Significance (DNS): a. DNS involving another agency with jurisdiction, b. DNS involving the demolition of any structure or facility not exempted by WAC 197 -11- 800(2) (f) or 197 -11 -880, c. DNS involving the issuance of a clearing or grading permit not exempted by WAC 197 -11- 800 through 197-11-890, d. DNS issued following a request for early notice pursuant to WAC 197 -11- 350(2), e. Mitigated DNS issued pursuant to WAC 197-11-350(3), f. DNS issued following the withdrawal of a DS pursuant to WAC 197 -11- 360(4), When the City issues a Determination of Significance to commence scoping, 3. When a draft EIS (DEIS) is available for public comment, 4. Whenever the City holds a public hearing pursuant to WAC 197 -11 -535, provided that if the project requires a Type 3, 4 or 5 decision, such hearing shall be consolidated with the public hearing on the merits of the project, 5. Whenever the responsible official determines that public notice is required. C. The City shall give public notice by using the public notice procedures set forth in TMC 18.104.110 and .120 a a aa- x D. Notice of public hearings on non project proposals shall be published in a newspaper of general circulation in the City. E. The City may require an applicant to compensate the City for the costs of compliance with the public notice requirements for the applicant's proposal and /or provide services and materials to assist. 24 ATTACHMENT G [l 11111 Iill!lil" it 1 11!!1!! II i�lll I!!lilllll 11 11!!'! it ll[j !li mill I Illt i L!_i i I I _11111! II IIII III 1111 I 1111 I i I A I 1 I 1 1 /I II II!_` iiIIIlI I I� I!I Ill' (fl II CFI I I III I I I! 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Illllllllil flll II dll► Iilli G cm Y cc m I l I i-- cn 1 I 1 r III ill( �illl. lo, II i II III 1 1!111 IC4� I,l II I_i I IIIII li �Ilii ll [I I i I Ili I_I! 59 v� to s4� cm CD 0) cm b. m 0 m t0 N (i Q JSQQ z 0 oLo LO oLO co c) CO cr) co x ATTACHMENT G [l 11111 Iill!lil" it 1 11!!1!! II i�lll I!!lilllll 11 11!!'! it ll[j !li mill I Illt i L!_i i I I _11111! II IIII III 1111 I 1111 I i I A I 1 I 1 1 /I II II!_` iiIIIlI I I� I!I Ill' (fl II CFI I I III I I I! II !�iir�i��ll I_I i�� II 111_1 I II Illli II Ill III iIl I ll X+ II II NV !111 II Ill! II l 1!111 I I Al 1!111 II Ill! Illllllllil flll II dll► Iilli G cm Y cc m I l I i-- cn 1 I 1 r III ill( �illl. lo, II i II III 1 1!111 IC4� I,l II I_i I IIIII li �Ilii ll [I I i I Ili I_I! 59 AN w Special Height Ezepticn Area: Up to ten (10) stories allowed Special HeO t Ezeptiai Area: Up to six 6) stories allowed Special He* �xcepbm Area: Up to far 4) stories allowed 5peclal Heioht Limitlai Area: l rtnited to no more than six 6) stories ATTACHMENT H Ordinance 1758 61 Ordinance 2186 special Height Exception Area Up to ten (10) stories allowed Special Height Limition Area: Limited to no more than six (6) stories Building Height Exception Areas 62 VA Special Height Exception Area: Up to ten (10) stories allowed Special Height Exception Area: Up to six (6) stories allowed Special Height Exception Area: Up to four (4) stories allowed OF Special Height Exception Area: Up to Six (6) Stories Allowed Special Height Exception Area: Up to Four (4) Stories Allowed Special Height Limitation Area: Limited to No More than Six (6) Stories oposed Map "A 111 Or! Figure 18 -3 Building Height Exception Areas ^3 x ATTACHMENT I A 1 2,1 18.24.020 Permitted Uses The following uses are permitted outright within the Regional Commercial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2 -4, Recreation Space Requirements. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing and publishing. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). W 28 pcv(Dc�� uor�o o ouc. eo neU/Ce/ exUUex e/equ.�nex �U/e� �Cg��Uo neeoLemex exUC� Uev�C�o exU eC� Umgequ.�nex Medical and dental laboratories. Mortician and funeral homes. Mn0a|o. Offices including: a. outpatient medical clinic b. dental n. government exc fire and police stations d. professional administrative f. business, such ao travel, real estate g. commercial Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial mnmaUnn. Planned shopping center /maU\. Plumbing shops (no tin work nr outside storag*\. Recreation facilities (commercial indnnr\ athletic nr health clubs. Recreation fac (commercial indnnh including bowling alleys skating rinks, shooting ranges. Religious facility with an assembly area less than 750 square feet. Rental nf vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini'vano recreational vehicles, cargo vans and certain trunko\. 4�40 Restaurants, including: a. drive-through b. sit down n. cocktail lounges in conjunction wi#haneotauomt Retail oa|*o of furniture, appliances, automobile parts and ann*oonri*o liquor, lumber/building materials, lawn and garden supplies, farm supplies. 44 4� R*ts|| oa|*o of health and beauty aids, prescription drugs, food, hardware, nnUnno crafts and craft supplies, hnuo*wamo consumer *|*ntrnnico photo equipment and film pmn*ooing bnnko magazines, stationery, clothing, ohn*o flowers, plants, pets, jewelry, gifts, mnmaUnn equipment and sporting gnndo and similar items. Schools and studios for education nro*|f-impmv*m*nL Self-storage facilities. �4z5 Storage (nuk]nnh of materials allowed to be manufactured or handled within fac conforming to uo*o under this chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. Studios art photography, music, voice and dance. Taverns, nightclubs. Telephone exchanges. Theaters, excluding adult entertainment establishments, as defined by this code. Warehouse storage and/or wholesale distribution facilities. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose nf this district; and n. consistent with the policies nf the Tukwila Comprehensive Plan. W 18.26.020 Permitted Uses The following uses are permitted outright within the Regional Commercial Mixed Use District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package foods, including, but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Dwelling multi family units above office and retail uses. 18. Extended -stay hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. K MA Zl Greenhouses nrnurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, |ithnoumhv printing and publishing. 20. Laundries a. o*lf-o*m* b. dry-cleaning n. tailor, dyeing 27. Libraries, museums nr art galleries /pub|id. 28. �zC::_�nl7 Co��U/ugo oL& eo necu�/ ��cex �equ.�nex �\pe� �g��Uo nee�L.emex ��C3 cevx�o eC� Umgequ.�nex �45q Medical and dental laboratories. Mortician and funeral homes. Mn0a|o. Offices including: a. outpatient medical clinic b. dental n. government exc fire and police stations d. professional administrative f. business, such ao travel, real estate g. commercial Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial mnmaUnn. Planned shopping center /maU\. Plumbing shops (no tin work nr outside storag*\. Recreation facilities (commercial indnnr\ athletic nr health clubs. Recreation fac (commercial indnnh including bowling alleys skating rinks, shooting ranges. Religious facility with an assembly area less than 750 square feet. Rental nf vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini'vano recreational vehicles, cargo vans and certain trunko\. Restaurants, including: a. drive-through b. sit down n. cocktail lounges in conjunction wi#haneotauomt Retail oa|*o of furniture, appliances, automobile parts and ann*oonri*o liquor, lumber/building materials, lawn and garden supplies, farm supplies. 44 4� R*ts|| oa|*o of health and beauty aids, prescription drugs, food, hardware, nnUnno crafts and craft supplies, hnuo*wamo consumer *|*ntrnnico photo equipment and film pmn*ooing bnnko magazines, stationery, n|nU1ing ohn*o flowers, plants, pets, jewelry, gifts, mnmaUnn equipment and sporting gnndo and similar items. Schools and studios for education nro*|f-impmv*m*nL 4�45 G*|f -storage facilities. �4n5 Storage (nuk]nnh of materials allowed to be manufactured or handled within fac conforming to uo*o under this chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. Studios art photography, music, voice and dance. Taverns, nightclubs. �}4g Telephone exchanges. 4 Theaters, excluding adult entertainment establishments, as defined by this code. Warehouse storage and /or wholesale distribution facilities. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. °A 18.28.020 Permitted Uses The following uses are permitted outright within the Tukwila Urban Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Daycare centers. 17. Extended -stay hotel /motel. 18. Financial: a. banking b. mortgage 5 c. other services 19. Fix -it, radio or television repair shops /rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Internet data /telecommunication centers. 27. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 28. Libraries, museums or art galleries (public). 29. cl t. i, Medical and dental laboratories. Mortician and funeral homes. Motels. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. Pawnbrokers Planned shopping center (mall). Plumbing shops (no tin work or outside storage). Railroad tracks (including lead, spur, loading or storage). Recreation facilities (commercial indoor) athletic or health clubs. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. Religious facility with an assembly area less than 750 square feet. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 6 FEB Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. Schools and studios for education or self improvement. Self- storage facilities. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Studios art, photography, music, voice and dance. Taverns, nightclubs. Telephone exchanges. Theaters, excluding adult entertainment establishments, as defined by this code. Warehouse storage and /or wholesale distribution facilities. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 7 71 A tiff x C 18.30.020 Permitted Uses The following uses are permitted outright within the Commercial Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking; provided it is: a. located within a structure having substantial ground -floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Daycare centers. 18. Extended -stay hotel /motel. 19. Financial: 8 72 :F Medical and dental laboratories. Mortician and funeral homes. Motels. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e administrative f. business, such as travel, real estate g. commercial Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. Pawnbrokers. Planned shopping center (mall). Plumbing shops (no tin work or outside storage). Railroad tracks (including lead, spur, loading or storage). Recreation facilities (commercial indoor) athletic or health clubs. 9 73 Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. Religious facility with an assembly area less than 750 square feet. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). Rental of commercial trucks and fleet rentals requiring a commercial driver's license. r". Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant :N Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Salvage and wrecking operations that are entirely enclosed within a building. Schools and studios for education or self improvement. Self- storage facilities. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Studios art, photography, music, voice and dance. Taverns, nightclubs. Telephone exchanges. Theaters, excluding adult entertainment establishments, as defined by this code. Tow truck operations, subject to all additional State and local regulations. Truck terminals. Warehouse storage and /or wholesale distribution facilities. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 18.30.040 Conditional Uses The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animal shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals. 10 A A 18.32.020 Permitted Uses The following uses are permitted outright within the Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.32.020.1.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 11 75 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off- Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 12 Mortician and funeral homes. Motels. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. Pawnbrokers. Planned shopping center (Mall). Plumbing shops (no tin work or outside storage). Railroad tracks (including lead, spur, loading or storage). Recreation facilities (commercial indoor) athletic or health clubs. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. Religious facility with an assembly area less than 750 square feet. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). Rental of commercial trucks and fleet rentals requiring a commercial driver's license. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Salvage and wrecking operations that are entirely enclosed within a building. Schools and studios for education or self improvement. J. Self- storage facilities. Storage (outdoors) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Taverns, nightclubs. Telephone exchanges. Theaters, excluding adult entertainment establishments, as defined by this code. Tow truck operations, subject to all additional State and local regulations. Truck terminals. Warehouse storage and /or wholesale distribution facilities. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 13 77 18.32.040 Conditional Uses The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures and conditions established by the Conditional Use Permits chapter of this title: 1. Amusement parks. 2. Animal shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Religious facility with an assembly area greater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals. n w Park- and -ride lots. j Radio, television, microwave or observation stations and towers. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. Recreation facilities (public), including, but not limited to, sports fields, community centers and golf courses. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 14 r: A 18.34.020 Permitted Uses The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one -half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.34.020.1.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5 Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off- Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 15 W 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing Medical and dental laboratories. Mortician and funeral homes. Motels. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 16 :1 Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. Pawnbrokers. Planned shopping center (mall). Plumbing shops (no tin work or outside storage). Railroad tracks (including lead, spur, loading or storage). Recreation facilities (commercial indoor), athletic or health clubs. Religious facility with an assembly area less than 750 square feet. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). Rental of commercial trucks and fleet rentals requiring a commercial driver's license. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Salvage and wrecking operations. Schools and studios for education or self- improvement. Self- storage facilities. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 3. Taverns, nightclubs. Telephone exchanges. Theaters, excluding adult entertainment establishments, as defined by this code. Tow truck operations, subject to all additional State and local regulations. Truck terminals. Warehouse storage and /or wholesale distribution facilities. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. A 13 Sections: 18.36.010 Purpose 17 18.36.020 Permitted Uses 18.36.030 Accessory Uses 18.36.040 Conditional Uses 18.36.050 Unclassified Uses 18.36.060 Parking Regulations 18.36.010 Purpose This district implements the Manufacturing Industrial Center /Light Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing distributive light manufacturing and industrial uses and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. 18.36.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility. b. The distances specified in TMC Section 18.36.020.1.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Commercial laundries. 7. Contractor storage yards. 8. Day care centers. 9. Heavy equipment repair and salvage. 10. Industries involved with etching, film processing, lithography, printing, and publishing. 11. Internet data /telecommunication centers. 12. Laundries: a. self- serve; b. dry cleaning; c. tailor, dyeing. 13. Libraries, museums or art galleries (public). 18 RN 14. Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to manufacturing, processing, assembling, packaging and /or repairing of: Previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging; Food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); Pharmaceuticals and related products, such as cosmetics and drugs; Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood; and Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment; r Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. Railroad tracks, (including lead, spur, loading or storage). Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). Rental of commercial trucks and fleet rentals requiring a commercial driver's license. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Salvage and wrecking operations that are entirely enclosed within a building. Self- storage facilities. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. a Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Taverns. Telephone exchanges. Tow truck operations, subject to all additional State and local regulations. Truck terminals. Warehouse storage and /or wholesale distribution facilities. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. (ORD. 2335 §2, 2011: ORD. 2287 §27. 2010: ORD. 2251 §50. 2009: ORD. 2235 §6 (PART). 2009: ORD. 2021 §8. 2003: ORD. 1986 §112001: ORD. 1974 §9. 2001: ORD. 1954 §2, 2001: ORD. 1814 §2, 1997: ORD. 1774 §1 1996: 19 RK a is is Sections: Unclassified Uses 18.38.010 Purpose 18.38.020 Permitted Uses 18.38.030 Accessory Uses 18.38.040 Conditional Uses 18.38.050 Unclassified Uses 18.38.060 On -Site Hazardous Substances 18.38.070 Design Review 18.38.080 Basic Development Standards 18.38.010 Pu rpose This district implements the Manufacturing Industrial Center /Heavy Industrial Comprehensive Plan designation. It is intended to provide a major employment area containing heavy or bulk manufacturing and industrial uses, distributive and light manufacturing and industrial uses, and other uses that support those industries. This district's uses and standards are intended to enhance the redevelopment of the Duwamish Corridor. 18.38.020 P ermitted Uses The following uses are permitted outright within the Manufacturing Industrial Center /Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility. b. The distances specified in TMC Section 18.38.020.1.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Bicycle repair shops. 4. Brew pubs. 5. Bus stations. 6. Computer software development and similar uses. 7. Contractor storage yards. 20 ".r: d.,�� w .w 04 ,.J ,9 Vvs:- .1�.- .::SFr ✓fo �J �✓t"�a "J �ud�orr.ios'L`ta�"6i,�.; ��so <��.::�}'ki�';d�r°��3�'�$d"w''� "��rd��.1.. �,�'d£ ""d V r:. "�d v .�f �'y t.: s.�c �a'u eiv� of �:'a� vri, 'u �5..5r y...:;�1.r.� Ju ,:�"��'���"t 1, 16. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 17. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 18. Railroad tracks (including lead, spur, loading or storage). 21 19. Recreation facilities (commercial indoor), athletic or health clubs. 20. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 21. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 22. Restaurants, including: a. drive through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 23. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 24. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 25. Salvage and wrecking operations. 26. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 27. Self- storage facilities. 28. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 29. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 30. Taverns. 31. Telephone exchanges. 32. Tow truck operations, subject to all additional State and local regulations. 33. Truck terminals. 34. Warehouse storage and /or wholesale distribution facilities. 35. Other uses not specifically listed in this title, pursuant to TMC Section 18.104.010(2), which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 22 M C 18.40.020 Permitted Uses The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.40.020.1.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off- Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than 12 patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling one detached single family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel /motel. 20. Farming and farm related activities. 21. Financial: a. banking b. mortgage 23 :A c. other services 22. Fix -it, radio or television repair shops /rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data /telecommunication centers. 30. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). Medical and dental laboratories. Mortician and funeral homes. Motels. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial Pawnbrokers. Planned shopping center (mall). Plumbing shops (no tin work or outside storage). Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. Railroad tracks (including lead, spur, loading or storage). Recreation facilities (commercial indoor), athletic or health clubs. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. Religious facility with an assembly area of less than 750 square feet. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). Rental of commercial trucks and fleet rentals requiring a commercial driver's license. Research and development facilities. Restaurants, including: a. drive through; b. sit down; 24 RU c. cocktail lounges in conjunction with a restaurant. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Salvage and wrecking operations that are entirely enclosed within a building. Schools and studios for education or self- improvement. Self- storage facilities. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Studios -art, photography, music, voice and dance. .��F. Taverns, nightclubs. Telephone exchanges. i, Theaters, excluding adult entertainment establishments, as defined by this code. Tow truck operations, subject to all additional State and local regulations. Truck terminals. Warehouse storage and /or wholesale distribution facilities. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district: and 18.40.040 Conditional U ses The following uses may be allowed within the Tukwila Valley South District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Colleges and universities. 5. Convalescent and nursing homes for more than twelve patients. 6. Drive -in theaters. 7. Dwelling Multi- family units (Max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. 25 =1... �..x r: i_! t, i••n, t; l..xt. t;t.: Park and ride lots. Radio, television, microwave, or observation stations and towers. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. Religious facility with an assembly area greater than 750 square feet and community center buildings. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Salvage and wrecking operations. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. A u m.e A 18.41.020 Permitted Uses The following uses are permitted outright within the Tukwila South Overlay district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.41.020.2.x. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 26 .1 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single family unit per lot b. multi family c. multi family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel /motel. 22. Farming and farm related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix -it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data /telecommunication centers. 33. Laundries: a. self -serve b. dry cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. 27 91 y Medical and dental laboratories. Motels. Movie theaters with three or fewer screens. Neighborhood stormwater detention and treatment facilities. Offices, including: a. outpatient medical clinic b. dental c. government excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial Pawnbrokers. Planned shopping center (mall) up to 500,000 square feet. Plumbing shops (no tin work or outside storage). Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. Private stable. Recreation facilities (commercial indoor), athletic or health clubs. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. Religious facility with an assembly area of less than 750 square feet. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). Rental of commercial trucks and fleet rentals requiring a commercial driver's license. Research and development facilities. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Schools and studios for education or self- improvement. Self- storage facilities. Sewage lift stations. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. Studios art, photography, music, voice and dance. Taverns, nightclubs. Telephone exchanges. Theaters for live performances only, not including adult entertainment establishments. Tow truck operations, subject to all additional State and local regulations. Water pump station. 28 92 Vehicle storage (no customers onsite, does not include park- and -fly operations). Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 29 W M