HomeMy WebLinkAboutOrd 2661 - TMC Title 18 "Zoning" - Tukwila South Overlay Residential Development StandardsCover page to Ordinance 2661
The full text of the ordinance follows this cover page.
AN DINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, A ENDING VARIOUS ORDINANCES
AS TATEDHER IN AND AS CODIFIED IN VARIOUS SECTl
OF TUKWILA UNI IIP. CODE c TITLE 18, "ZONING"
08.41.080, 18.41.090 18A1.10 18.50.083 AND 18.52.040), TO
SET DEVELOPMENT STANDARDS FOR MULTI-F IL'
RESIDENTIAL DEVELOPMENTS IN THE TUKWILA SOUTH
OVERLAY ZONE; PROVIDING FOR EVERADILIT `; AND
ESTABLISHING EFFECTIVE DATE.
Ordinance 2661 was amended or repealed by the following ordinances.
itin(s)`Aended
2, 5 2678
REPEALED
Repealed Repealed'by Ord
1, 2, 3, 4, 5
2741
ashin on
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS STATED HEREIN AND AS CODIFIED IN VARIOUS SECTIONS
OF TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING"
(18.41.080, 18.41.090, 18.41.100, 18.50.083 AND 18.52.040), TO
SET DEVELOPMENT STANDARDS FOR MULTI -FAMILY
RESIDENTIAL DEVELOPMENTS IN THE TUKWILA SOUTH
OVERLAY ZONE; PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila desires to implement the proposed Tukwila South
Master Plan (Ordinance No. 2234) required by the City's Comprehensive Land Use Plan;
and
WHEREAS, the City also desires that its Zoning Code include developmentstandards
and design guidelines for residential uses in the Tukwila South area; and
WHEREAS, Ordinance No. 2235 amended Title 18, "Zoning," of the Tukwila Municipal
Code (TMC) in 2009 to implement the Tukwila South Master Plan by creating the Tukwila
South Overlay (TSO) zon a and to integrate regulations forth atdistrictwith the existing code;
and
WHEREAS, Table 18-6, "Land Uses Allowed by District. was amended by Ordinance
No. 2235 to allow multi-familydwellings, including multi -family units above office and retail
uses, senior citizen housing and assisted living facilities for seniors to be permitted in the
Tukwila South Overlay zone after a residential design manual with criteria for approval is
adopted by ordinance; and
WHEREAS, when Ordinance No. 2235 adopted the TSO zone and standards in 2009,
itwas expressly contemplated thatdevelopmentstandards regarding residential u ses would
be adopted in the future, and
WHEREAS, the Tu kwila South Project Draft Environmental Impact Statement(DEIS)
was issued April 5, 2005, the Final EIS was issued on July 7, 2005, and an Addendum to
the Final EIS was issued on September 23, 2005; and
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Page 1of12
WHEREAS, on July 19, 2021, the City was informed by the Washington State
Department of Commerce that it had met the Growth Management Act notice
requirements under RCW 36.70A.106; and
WHEREAS, on June 10, 2021, the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending
the Tukwila Municipal Code and at that meeting adopted a motion recommending the
proposed changes; and
WHEREAS, on September 13, 2021, the Tukwila City Council, following adequate
public notice, held a public hearing to receive testimony concerning the recommendations
of the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 18.41.080 Amended. Ordinance Nos. 2580 §3 and 2235 §10
(part), as codified at Tukwila Municipal Code (TMC) Section 18.41.080, "Design Review,"
subparagraph E.9, are hereby amended to read as follows:
E.9. Substantial conformance with the criteria contained in the Tukwila South Design
Manual for commercial development, the Tukwila South Residential Design Guidelines, or
other Design Manual as stipulated by TMC Chapter 18.60.
Section 2. Chapter 18.41.090 Amended. Ordinance Nos 2580 §4 and 2235 §10
(part), as codified at TMC Section 18.41.090, "Basic Development Standards," are hereby
amended to read as follows:
18.41.090 Basic Development Standards
A. Residential Uses.
1. Residential use development on all lands within the TSO shall conform to
the development standards set forth in TMC Section 18.41.090.A and the Tukwila South
Residential Design Guidelines. Modifications to these standards are available pursuant
to TMC Section 18.41.100, "Modifications to Development Standards through Design
Review."
2. The development standards herein are based on the height of new
residential buildings. Specifically:
a. Buildings three stories or less are subject to townhouse and low-rise
standards.
b. Buildings between four to seven stories are subject to mid -rise
standards.
c. Buildings eightstories or taller are subject to high-rise standards.
d. For buildings with a varying number of stories, the tallest number of
stories shall determine which set of standards apply.
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Table 18'41.090
Tukwila South Overlay Residential Development Standards
Setbacks/yards, minimum (feet)
Front'
Arterial streets
15
15
15
All other streets
10
10
10
SideP
Up to 3mstory
5
53
53
4^»story and above
n/o
154
15*
Rmor3
Up to 3matory
5
53
53
»
^� story above
n/e
15 *
15*
1 In the event modification ispursued under lMC Section 18.41.100. front setbacks may be
reduced tonoless than 5feet.
x Structures or portions of structures containing multi -family dwelling units that have solar
access onlyfrom a side or rear setback -facing window(s) must be set back at least 15 feet
fnnmoidmmnd nearproperty|ineo. Structures must also maintain at least 15feetofseparation
from od]onnn( structure elevations that provide the only on|or access fora multi -family
dwelling unit. See the Tukwila South Residential Guidelines fore graphic example.
a When adjacent tomtownhouse, the minimum setback is 15 feet.
* When adjacent toa townhouse, the setback forportions of a structure taller than 35 feetmust
increase by1fomtfor*mnhadditional 1foot inbuilding height.
BuUm/n�|he7-ht. maximum .'~)
Building Height
45
85
125
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Outdoor lighting height, maximum (feet)
Light poles inparking
areas
20
20
20
Light poles along
pedeothan xwakvmaya,
tnoi|e, p|aaos, building
enthem, and other
pedesthen-odented
areas
12
12
12
Bui|dingwe||'mounted
lighting
15
15
15
Building mounted
lights fully recessed
into the underside of
ceiling, soffit, or
overhang
No limit
No limit
No limit
Building length, maximum (feet)
Maximum building
length
200
200
200
Recreation space per
Information)''*
unit minimum square footage'($eeTN0C Section 10L41.090.3 for more
Recreation space
Residential development must provide on'sitegand off'oite'»
recreation space at the following standard:
� 2OOsquare feet total.
^ 75square feet per unit, on-nite.
^ 125squmnofeetper unit, off'mita.
/ Seniorcitizen houaing must pnovide 100 square faetof recreation apace per unit.
» Deve|opmentawith 10 ormono dwell ing units must pnovidea ohi|doon'o play area in the on'
site recreation space. Achi|dnen'o play area is not required for senior citizen housing or if
the proposed atmotuno or related development project is within 1/4 mi|*, measured along
constructed sidewalks and/ortrails of theperimeter, of a recreation facility for children that is
open to residents of the proposed structure.
y Recreation area provided on -site must be f unctional space f or active and passive recreatio n
purposes and located within the same parcel ortract ao the proposed development.
10 The Director may approve the required off -site recreation area to be located on -site provided
that the nonneoUun space meets the design guidelines set forth in this chapter. If off -site
naonaadon space is approved to be |onetedon'nite. that space must be active outdoor
recreation space.
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AleqtrAWSia
Parking spaces per dwelling unit, minimum
rso
,04,101#0
Studio
1-bedroom
2-bedroom
1.5
1.5
1.5
3-bedroom
2
2
2
3. Off -Site Recreational Area Requirements. The following requirements
would apply to Off -Site Recreational Areas within the ISO district:
a. Off -Site Recreational Area Conditions:
(1) Off -site recreation areas must be accessible within 1/4 mile for a
children's play area u p to 1/2 mile for all other offsite recreation areas as measured from the
closest structure containing residential units; accessory buildings such as fitness centers,
parking garages, utility structures, etc. will not qualify. Off -site recreation space located up
to 1 mile from a structure containing residential units as measured along existing or future
sidewalks and trails shall be credited toward meeting the offsite recreation space
requirement.
(2) A recreation area constructed in fulfilment of this requirement should
be designed to serve the neighborhood in which it is located. The space may be privately -
owned, provided residents living in the area have access. New improvements must be
located adjacent to, and h ighly visible from, a street (pu blic or private) or pu blic trail . The
facilities to be located will be approved by the Director during the design review and/or
platting process.
b. Minimum Off -Site Recreational Area Design: Minimum size
requirements apply: 1/4 acre of usable off -site recreation space must be provided to meet
the standard. This qualifies as the minimum size for an off -site recreation area. Off -site
recreational areas must be designed and sized to accommodate a combination of active
and passive recreational facilities.
Examples of qualifying facilities:
(1) Children's play equipment
(2) Picnic areas and/or tables
(3) Benches
(4) Pea patch/other specialized community garden
(5) Grass fields/areas of suitable size for active recreation
(6) Sport courts
(6) Trails and associated landscaped corridors on private property
(7) Other amenities the Director determines meet the goal of providing
active or passive recreation opportunities
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c. Larger Off -Site Recreational Areas:
(1) Any offsite recreation area developed in excess of the offsite
recreation area requirement for a given development, regardless of their size and subject
to the 1/4-acre size minimum, may be banked toward future developmentfor an indefinite
period.
(2) Should a larger, consolidated recreation area of 2.0 acres or more
be provided, the improvements can be used to fulfill current development proposal
requirements. See "Timing of Recreation Space Provision" below for more information.
(3) If a project constructs a recreation area of less than 2.0 acres but
greater than a development's required offsite recreation amount, the area developed in
excess may be banked only if the offsite recreation area is constructed at the same time
as the residential project.
(4) To qualify, the proposed recreation area must be located adjacent
to, and highly visible from, a street (public or private) or trail and provide a range of active
and passive recreational opportunities (as outlined in this Chapter) for multiple ages and
physical abilities. Only those areas that are usable may count towards the off -site
recreation space requirement. The following areas are excluded: parking lots, utility
sheds, inaccessible natural/planted areas, any landscaped area required by code, and
unimproved steep slopes as defined in TMC Section 18.45.120.
(5) Larger off -site recreational areas are typically characterized by
recreational activities that serve a range of individuals and groups, such as field games,
court games, craft areas, playground apparatus, picnicking, and space for quiet/passive
activities. Neighborhood recreation areas may contain active recreational facilities such
as softball, basketball, volleyball, handball, tennis, children's play structures, trails, and
grass areas for activities and/or picnic facilities.
d. Timing of Recreation Space Provision: Construction of off -site
recreation space must meet the following timelines.
(1) For sites under 2.0 acres in area, the off -site recreation space must
be constructed and receive final construction permit approval prior to the issuance of
certificate of occu pan cies for any project receiving credit for the off -site recreation space.
(2) For sites equal to or in excess of 2.0 acres, the City will permit
delayed construction of the off -site recreation space as follows:
(a) Construction permits must be applied for with in two years of the
associated residential project(s) using such off -site recreation space to satisfy their
recreation space requirement and receiving certificate(s) of occupancy. Provided:
i. A financial guarantee (bond, assignment of account,
irrevocable standby letter of credit, or cash), acceptable to the Director, in an amount
necessary to complete the off -site recreation improvements is provided to the City.
ii. The owner of the property for the off -site recreation area has
provided an appropriate legal mechanism acceptable to the City to access the identified
off -site recreation area, such as an easement, at no cost, and to construct the off -site
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recreation space improvements in the event that the applicant an d/or property own er h ave
not completed the improvements within the prescribed timelines.
ili. The requirements in TMC Section 18.41.090.A.3.d.(a).i and
ii are not required if the permits for off -site recreation space have received final approval
by the City.
(3) No additional residential projects within the 1/2 mile radius of the
deferred off -site recreation area will be allowed to move forward with construction until
such off -site recreation space construction has been completed.
(4) Construction of the off -site recreation improvements must be
completed within a timely manner from perrnit approvals. If adequate provisions, as
determined by the Director, can n ot be put in place to en su re th e futu re construction of the
off -site recreation space, then the space shall be constructed prior to the issuance of any
certificate of occupancy for any developments using the off -site area to meet recreational
space requirements.
e. Sensitive Area Tracts: Off -site recreation space credit can be given for
any trails, lookouts, or other passive recreation activities constructed within sensitive area
tracts, subject to compliance with the City's Sensitive Area Master Plan forTukwila South
and the City's Environmental Areas Ordinance. The sensitive areas tracts would need to
meet the locational requirements outlined in th is Chapter (1/2 mile from closest perimeter of
a residential project). Only the areas of improvement within a sensitive area tract would
cou nt towards the recreation space requirement, not th e entire tract.
4. Performance Standards: Use, activity, and operations within a structure or
a site shall comply vvith: (1) standards adopted by the Puget Sound Air Pollution Control
Agency for odor, dust, smoke and other airborne pollutants; (2) TMC Chapter 8.22,
"Noise"; and (3) adopted State and Federal standards for water quality and hazardous
materials. In addition, all development subject to the requirements of the State
Environmental PolicyAct, Chapter 43.21C RCW, shall be evaluated to determin e wh ether
adverse environmental impacts have been adequately mitigated.
B. Connectivity and Circulation Guidelines.
1. Any development with a residential component shall front a roadway that
meets City approved public or private street standards.
2. Access to development sites needs to include provisions for non -motorized
circulation, including dedicated pedestrian access that separates pedestrians from
motorized traffic via curb and/or landscaped planter strip. Development along public
rights -of -way should not preclude bus stops and bike infrastructure. Private street
development, contained within tracts or easements, may be required to include shared
and/or dedicated bike lanes, on -street parking, and/or drop-off/loading zones.
3. Existing curb cuts from South center Parkway and South 200th Street are to
be used for access to the adjacent development sites and to extend private streets,
contained within tracts or easements. If no curb cut exists along an existing road fronting
a development site, City of Tukwila Public VVorks may review and approve new curb cut
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location(s) along such street frontage, subject to intersection spacing and site distance
standards.
4. New streets are encouraged to connect to adjacent parcels at an interval no
greater than 700 feet. Where nearby parcels and associated private streets have already
been developed, proposed private streets, whetherin tracts or easements, shall align and
connect.
5. Future block development is encouraged to create a maximum block
perimeter 2,000 linear feet. The block will be defined with a minimum of two vehide
through connections. The remaining two sides of the block may be pedestrian/bicyde
connections only or cou Id accommodate vehicle traffic; see example below.
6. Permanent dead-end streets should be avoided, if possible.
7. All developments must meet minimum Fire Department and Public Works
Department access and grade requirements including, but not limited to, minimum street
clearance, turning radii, and turnaround design.
8. The Director may provide exceptions to these guidelines in the event they
are unable to be adhered to due to physical/topographical constraints, the creation of an
unusable parcel(s) of land, or an inability to fulfill the requirements without significantly
interfering with the proposed function(s)of the development given that the overall intent
of the guidelines is still fulfilled.
BLOCK EXAMPLE:
KUifIrMY, Mock AX) FaINA
New Street
;nMMMVMMMIWVMIMMMMgOMMAMM
Block A
MAxsmutre Mock
NOW Pet14141440 Swykle Pah
Block B
Section 3. Chapter 18.41.100 Amended. Ordinance No. 2235 §10 (part), as codified
at TMC Section 18.41.100, "Modifications to Development Standards through Design
Review," is hereby amended to read as follows:
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18.41.100 Modifications to Development Standards through Design Review
A. An applicant may request a modification to the Basic Development Standards
established by TMC Section 18.41.090 as part of a design review application. The
applicant sh all submit a written description of the proposed modification and address the
decision criteria stated in subsection 18.41.100.B; the Director may condition the approval
of a modification request when such conditions are necessary to achieve conformity with
these decision criteria.
B. The Director may grant modifications to the Basic Development Standards
established by TMC Section 18.41.090 for individual cases provided that, for development
of a residential use, the Director shall find that eitherthe modification is allowed because
it results in a more thoughtful urban design for the project consistent with the Tukwila
South Residential Design Guidelines, or that all five criteria below are met and, for
development of a non-residential use, the Director shall find that all five criteria below are
met:
1. The modification is required due to unique circumstances related to the
subject property that create significant practical difficulties for development and use
otherwise allowed by this code;
2. The modification conforms to the intent and purpose of the Tukwila South
Master Plan, any applicable developmentagreements, and this code;
3. The modification will not be injurious to other property(s) in the vicinity;
4. The modification will not compromise the current or reasonably anticipated
provision of circulation, access, utility service or any other public service; and
5. An approved modification shall be the minimum necessary to ameliorate the
identified practical difficulties giving rise to the request.
Section 4. Chapter 18.50.083 Amended. Ordinance Nos. 2580 §5, 2199 §16, and
1758 §1 (part), as codified at TMC Section 18.50.083, "Maximum Building Length," are
hereby amended to read as follows:
18.50.083 Maximum Building Length
In the MDR and HDR zone, the maximum building length shall be as follows:
For all buildings except as described
below:
MDR.........50 ft.
HDR..........50 ft.
Maximum building length with bonus for modulating off -sets:
• For structures with a maximum building
height of 2 stories or 25 feet, whichever
is less, and having horizontal modulation
or a minimum vertical change in roof
profile of 4 feet at least every two units or
50 feet, whichever is less
MDR........100 ft.
HDR........ 200 ft.
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• For structures with a building height over
2 stories or 25 feet, whichever is less,
with a horizontal & vertical modulation of
4 feet or an 8-foot modulation in either
direction
MDR
HDR
100 ft.
200 ft.
• For townhouse structures with horizontal
modulation or a minimum vertical change
in roof profile of 4 feet at least every two
units or 50 feet, whichever is less
MDR
HDR
80 ft.
125 ft
Maximum building length with bonus for modulating off -sets: Modulation shall be required
for every 2 units or 50 feet, whichever is Tess, as measured along the building's length.
Grouping of offsets in maximum four unit modules may be permitted only with BAR
approval (see Figure 18-5).
Section 5. Chapter 18.52.040 Amended. Ordinance Nos. 2627 §30, 2625 §48, 2580
§6 and 2523 §8, as currently codified at TMC Section 18.52.040, "Perimeter and Parking
Lot Landscaping Requirements by Zone District;" and Ordinance Nos. 2442 §1, 2251 §61,
2235 §13, and 1872 §14 (part), as then codified at TMC Section 18.52.020, "Perimeter
Landscaping Requirements by Zone District," are hereby amended to read as follows and
codified as TMC Section 18.52.040.
18.52.040 Perimeter and Parking Lot Landscaping Requirements by Zone District
In the various zone districts of the City, landscaping in the front, rear and side yards and
parking lots shall be provided as established by the various zone district chapters of this title.
These requirements are summarized in the following table (Table A), except for Tukwila
Urban Center (TUC) requirements, which are listed in TMC Chapter 18.28.
TABLE A
ZONING
DISTRICTS
FRONT
YARD
(SECOND
FRONT)
(linear feet)
LANDSCAPE
TYPE FOR
FRONTS
LANDSCAPE
FOR SIDE
YARD
(linear feet)
LANDSCAPE
FOR REAR
YARD
(linear feet)
LANDSCAPE
TYPE FOR
SIDE/REAR
LANDSCAPING
FOR PARKING
LOTS (square
feet)
LDR
(for uses other
than
residential)
152
Type I
10
10
Type 1
20 per stall for
non-residential
uses; 15 per stall
if parking is
placed behind
building
MDR
1 51,2,11
Type 1
10
10
Type 1
Same as LDR
HDR
151'2' 11
Type I
10
10
Type 1
Same as LDR
MUO
15 (12.5)2,11
Type!'
64
64,11
Type 1'
20 per stall
adjacent to street;
15 per stall if
parking is placed
behind building
0
15 (12.5)2
Type!'
64
64
Type 1'
Same as MUO
RCC
20 (10)2' 3
Type!'
64
1011
Type 11
Same as MUO
NCC
104' 11
Type 17' 13
04
0411
Type 11
Same as MUO
RC
10
Type 113
64
04
Type 118
Same as MUO
RCM
10
Type 1
64
04
Type 118
Same as MUO
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C/Li
15
Type16
G*,u —
-o', 1'
—
Type/18
per stall; 10
^ er stall for
parking placed
behjnubuilding
U
15/
TypeV
o~~
04,1Z
TypeU|
15per stall; 1O
per stall for
parking placed
H|
152
TypeU
o4'12
� O4,12
TypeU
_�
15per stall
MKC/L
10"
Tvpo||
D5,12
U5� 12
TvnmU|
10nersta||
10porstm|
|NIC/M
105
TvpmU
Op`u
o5,12
Typ=||i
TUC — See TMOChapter 1O.28
�
TVS _ See TMC Chanter10.4V
Notes:
1, Minimum required front yard landscaped areas inthe MDR and HORzones may have upho20%oftheir
required landscape area developed forpedestrian and transit facilities subject to the approval criteria in TMC
SeoUon18.52.13O.C.
2. In ongerhn provide flexibility of the site designwhile still providing thefull amount of landscaping required
bycode, Uheyro t yard|endsoapewidthnnaybedk/|dedintoapedmetersthpandoneorrVoreotho,| ds
oneoo between the building and the front propertyline ifthe perimeter strip inaminimum of'1nfeet and the
landscape materials are sufficient to provide landscaping along the perimeter and screening of the building
mass.
3. Requiredkandoumpingmayinc|udeamnixofp|aotmedeha|s.pedeuthanameniUmoondfemtunea.oubjoor
cafd-type seating and similar features, subject to the mppnzve| uhtehm in 7MC Section 18.52.120.C.
BiondnnUon may also be used as required landscaping subject to the approval criteria in TMC Section
18.52.120.E. Required plant materials will be reduced in proportion to the amount of perimeterarea devoted
hopedest6an'odented space.
4. Increased to1Ofeetif any portion nfthe yard iowithin 50feet ofLOR.yWORorHDR.
5. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDRor HDR.
6^ Increased to Type 11 if the front yard contains truck loading bays, service areas or outdoor storage.
7. Increased to Type 11 if any portion of the yard is within 50 feet of LDR, MDRor HDR.
8. Increased to Type III if any portion of the yard is within 50 feet of LDR, MDRor HDR.
9, Only required e|pnQ public streets.
10. Increased lo1Ofeet fnrney|dent|a|uses; orifadjacent toresidential uses ornon-TSOzoning.
11 In the 'MDR and HDRdiatrints and other districts wheremultifamily development ipermitted, a community
garden may be substituted forsome orall of the landscaping. In orderto qualify, a partnership with a nonprofit
(501(c)(3)) with community garden expertise is required to provide training, tools and assistance to apartment
residents. Partnership with the nonprofit with gardening expertise is required throughout the life of the garden.
If the community garden is abandoned, the required landscaping must be installed. If the garden is located in
the f ront landscaping, a minimum of 5 feet of landscaping must be placed between the garden and the street.
12. To accommodate the types of uses found in the C/Ll, LI, HI and MIC districts, landscaping maybe clustered
to permit truck movements or to accommodate other uses commonly found in these districts if the criteria in
TMC SeutionYO.53.12U.o are met.
13. For NCCand RCzoned parcels inthe Tukwila International Boulevard District, the front landscaping may
be reduced or eliminated if buildings are brought outto the street edge to form a continuous building wall, and
if a primary entrance f rom the f ront sidewalk as well as f rom off -street parking areas is provided.
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Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to thisordinance,includingthecorrection of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause or
ph rase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 8. Effective Date. This ordinance ora summary thereof shall be published
n the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by Taw.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this i3' day of et{-obe ;,2021.
ATTEST/AUTHENTICATED:
t
ChristyO'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FOR BY:
4
Office of the City Attorney
Filed with the City Clerk:t.m -12 - 2 i_
Passed by the City Council: 1.0 -16 - 21
Published: 1m 21- 21
Effective Date: 10- Z 6 - 2 i
Ordinance Number: Z 6 6
Attachment: Tukwila South Residential Design Guidelines dated October 18, 2021
CC: Legislative Development Tukwila South Multi -Family Residential Devebpment 10-14-21
MB:bjs Review and analysis by Barbara Saxton Page 12 of 12
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2661.
On October 18, 2021 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2661: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS STATED HEREIN
AND AS CODIFIED IN VARIOUS SECTIONS OF TUKWILA MUNICIPAL CODE (TMC)
TITLE 18, "ZONING" (18.41.080, 18.41.090, 18,41.100, 18.50.083 AND 18.52.040), TO
SET DEVELOPMENTSTANDARDS FOR MULTI -FAMILY RESIDENTIAL
DEVELOPMENTS IN THE TUKWILA SOUTH OVERLAY ZONE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: October 21, 2021
From
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Subject:
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Attachments:
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Barbara Saxton
christycrpmherty; fmdvxmn; Maxwell Baker; Nora Gierlmr
Re: Potential scrivenerserror
Friday, March zz.znzzzzuz:usAm
mageouz.Qng
Barbanaanda|l—
Yes,p|easennaketheneededoorrectinns,asexp|ainedbe|ovv and | agree these are all
scrivener'serrors.
Thank you for catching and correcting these.
Have agood day,
Kor|
Karl LSand | Attorney
Ogden Murphy Wallace, PiLC
9OlFifth Avenue, Suite 350O Seattle, VVA9O164
Oinect:2O5.447.225O | Fax:ZO5.447.O2lS
ksand@omwiow.com|www.omwlawzom
Notice: Erno8sand attachments may be subject todisclosure pursuant tothe Public Records
Act (chapter 42.56 RCW).
From: Barbara Saxton <8arbana.Saxton@Tukvv|aVVA.gov>
Sent; Friday, March 11, 20229:22AM
To: KariSand <Kari.Sand@Tukvvi|aVVA.gnv>
Cc: Christy O'Raherty<[hristy.OHaherty@Tukwi|aVVA.Quv>;Andy Youn
<Andy.Ynun@Tukwi|aVVA.Dnv>; Maxwell Baker<Max.8aker@Tuhwi|aVVA.gnv>; Nora Gier|nff
<Nora.Gier|off@Tukwi|aVVA.Qov>
Subject: Potential scrivener'serror
During the codification process for Ordinance No. 2661 (Development standards for multi -family
residential developments in the TSO zone), Andy noticed some irregularities with Section S. Please
advise ifthe following can becorrected asscrivener'serrors. Thank you, Karl.
Link toordinance:
2661 Tukwila South Multi -Family Residential Development 10-14-2l.docx
ection-L.-Chapter-18,41.100.Amended;-Chapter•' . 2. 4 . n d.-Ordin n; •.
2:580-§8 and 2523,§8, as currently codified at TMC Section 18 52 0 0,.'Perimeter and -
Parking. Lot Landscaping. Requirements -by -Zone 0istrrct.e and- Ordinance- Nos.,- 24,42, 1,
2251 § 1 -2235 §13 and 18 2-§14-part), as then codified. at. TMC Section 18 52.020,
" Perimeter, Landscaping - Requirements - byZone Distnd, are hereby amended 10 read as
follows -and -codified -as -TM C aecthon.18,52 0401
1. "Chapter 18.41.100 Amended" should be removed from the title. I probably copied it from
Section 3 of this ordinance as a template for the section title and then just repeated it with the
correct section title (18.52.040) instead of replacing it.
2. This is one of those TMC sections where the TMC section number had been previously changed,
making the citations more convoluted than normal. So what is there is correct, EXCEPT, I should
have also included Ordinance Nos. 2627 §30 and 2625 §48 as being amended (see below). The
codification of those two SMP ordinances was delayed to our workload, but should have been
complete by the time Ord. 2661 was written, so I do not have a reason for why they were missed.
Ordinance Nos. 2627 §30, 2625 §48, 2580 §6 and 2523 §8, as currently codified at TMC
Section 18.52.040, "Perimeter and Parking Lot Landscaping Requirements by Zone
District;" and Ordinance Nos. 2442 §1, 2251 §61, 2235 §13, and 1872 §14 (part), as then
codified at TMC Section 18.52.020, "Perimeter Landscaping Requirements by Zone
District," are hereby amended to read as follows and codified as TMC Section 18.52.040.
From: Christy O"Flaherty
To: Barbara Saxton
Cc: Andy Youn
Subject: RE: Codification of Ord. 2661 - Scriveners Error?
Date: Thursday, March 10, 2022 2:32:07 PM
Sure thing. Since these particular changes will affect the need for Ana to show
amendments to the 2 referenced ordinances, let's remember to loop her in when the
scrivener's error process has been completed.
Christy
From: Barbara Saxton <Barbara.Saxton@TukwilaWA.gov>
Sent: Thursday, March 10, 2022 2:23 PM
To: Christy O'Flaherty <Christy.OFlaherty@TukwilaWA.gov>
Cc: Andy Youn <Andy.Youn@TukwilaWA.gov>
Subject: FW: Codification of Ord. 2661 - Scrivener's Error?
Andy noticed some issues while codifying Ordinance No. 2661. We would like to contact Kari about
whether items 1 and 2 below could be considered Scrivener's Errors and corrected. Thank you.
From: Andy Youn <Andy.YounPTukwilaWA.gov>
Sent: Thursday, March 10, 2022 1:20 PM
To: Barbara Saxton <Barbara,SaxtonPTukwilaWA.gov>
Subject: Re: Codification of Ord. 2661
That's great. I assumed it was because the codification of 2625 wasn't up when you drafted this one
but wanted to check with the expert. Thank you!!!
Andy Youn
Deputy City Clerk
Records Governance
City of Tukwila
City Clerk's Office
On Mar 10, 2022, at 1:12 PM, Barbara Saxton <Barbara.SaxtonPtukwilawa.gov> wrote:
Per your Teams message today (3/10/22) (below the line)...
1. I think "Chapter 18.41.100 Amended" should be removed. I probably copied it from
Section 3 of this ordinance as a template for the section title and then just repeated it
with the correct section title (18.52.040) (instead of replacing it).
2. This is one of those TMC sections where the section number was changed. So what
is there is correct, EXCEPT, I should have also included Ordinance Nos. 2625 §48and
2627§3Oasbeing amended. The codification ofthose SMPordinances should have
been complete by the time Ord. 2661 was written, so I'm not sure why I missed them. |
feel aScrivener'sError request coming on.
Let me know if this makes sense and addresses what you were thinking.
[