HomeMy WebLinkAboutPlanning 2022-05-26 ITEM 5 - 2022 TITLE 18 "ZONING" HOUSEKEEPING AMENDMENTS - INFORMATIONAL MEMORANDUMTo:
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Planning and Community Development Committee
Nora Gierloff, AICP, Director DCD
Max Baker, AICP, Development Supervisor
Mayor Ekberg
March 21, 2022
SUBJECT: 2022 Housekeeping Code Updates
ISSUE
Should four Chapters of the Tukwila Municipal Code be amended to address housekeeping items? The
affected Chapters include TMC 8 — Public Peace, Morals, and Safety, TMC 17 — Subdivisions and Plats,
Chapter 18 — Zoning, and Chapter 19 — Sign Code.
BACKGROUND
Staff has grouped together amendments to the Tukwila Municipal Code for your consideration. The
process for these code amendments includes a briefing to the Planning and Community Development
Committee, who would then forward the proposed amendments to the Planning Commission to review
in detail and conduct a public hearing. Staff would then bring the Planning Commission's
recommendations back to Committee. After the committee's review, the recommendations would then
be scheduled for a public hearing at a Committee of the Whole meeting.
The proposed amendments will also require review under the State's SEPA regulations, and a 60 -day
review by the Department of Commerce.
Included in this memo is a list of the proposed amendments with a brief explanation. (Please note that
some amendments may require modifications in other code sections to ensure consistency.) The
majority of these changes are housekeeping in nature to streamline or clarify processes, correct
inconsistencies created by past amendments, correct code citations or numbering, and codify code
interpretations. Revisions to the noise ordinance and the zoning district land use table have also been
proposed to address anachronous regulations and provide additional clarification where necessary.
DISCUSSION OF PROPOSED CHANGES
A. Title 8 — Public Peace, Morals, and Safety
1. Modify the definition of "Residential Party" to include "Residential Party or Other Noise
Generating Event," in both the Noise Code and the section of the Zoning Code so that loud
events, other than parties, must also acquire a variance (TMC 8.22.020 and 8.22.120). This
clarification will make it clear that Type 1 Noise Variances for parties/events are subject to
noticing those within 500 feet. It does not pertain to whether or not they need a variance.
2. Modify the public noticing requirement for Type 1 Noise Variances to clarify that notice is
required to residents and businesses within 500 feet in the case of residential parties and
events (TMC 8.22.120.B.(3)).
3. Eliminate the requirement that those conducting exempt daytime noise -generating activities
submit proof that they have notified adjacent property owners of potential noise (as
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required by the code). Examples of these types of exempt activities include construction or
the movement of construction -related materials; testing of emergency back-up generators
or other emergency equipment; bells, chimes or carillons operating for not more than five
minutes in any one hour; and aircraft engine testing and maintenance not related to flight
operations (TMC 8.22.110).
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1. Update stcps for applicants to apply for traffic concurrency so that they complete
information during permit intake and can pay for it under their permit instead of applying
•" -
C. Title 17 — Subdivisions and Plats
1. Clarify that Boundary Line Adjustments and Lot Consolidations shall not result in the
creation of lots with split zoning (TMC 17.08.030).
D. Title 18 — Zoning
1. Modify code definitions and the table defining land uses allowed in each zoning district:
a. Rename "Outpatient Medical Clinic" to "Clinic, Outpatient Medical" so that it is listed
alphabetically between "Clearing" and "Closed Record Appeal." (TMC 18.06.150)
b. In compliance with adopted legislation, revise the definition of Essential Public Facilities
to clarify that it does not include facilities that are operated by a private entity in which
persons are detained in custody under process of law pending the outcome of legal
proceedings. (RCW 36.70A.200)
c. Relocate and renumber location of definition of Revetment (TMC 18.06.677), currently
between TMC 18.06.676, Regional Detention Facility and TMC 18.06.680, Research and
Development Facility, to correct alphabetizing, and adjust any references in other
sections to reference correct code citation.
d. Revise the Adult Entertainment Establishments sub -definition for Adult Bathhouse to "a
commercial establishment which excludes any person by virtue of age from all or any
portion of the premises, or which provides to its patrons an opportunity for engaging in
"Specified Sexual Activities," with or without a membership fee."
2. Update references in the Zoning Code to "Environmentally Sensitive Areas" (ESAs) to new
approved term "Critical Areas" to be consistent with nomenclature changed in the
Environmentally Critical Areas chapter, TMC 18.45, in 2020.
3. To support the intent of the Nonconforming provisions of the Code, add a requirement for
bonding when the primary structure is proposed to be demolished, while accessory
structures are proposed to remain. The bond shall cover the 150% of the demolition cost
should an approved primary use not be applied for within 1 year. This has been the City's
practice in the past; however, it has not been codified to date. (TMC 18.70.050)
4. Correct reference and process errors in the Shoreline Overlay chapter of the Code (TMC
18.44). With the update of the Shoreline Master Program in 2020, the City intended to
allow Shoreline Conditional Use Permits to be processed as Type 3 permits, rather than Type
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4 permits. This change was made in in the Shoreline Overlay chapter of the Code, but not
made uniformly within other parts the Zoning Code. It needs to be corrected to avoid
confusion about the process required for Shoreline CUPs.
5. Change the Supplemental Development Standards (TMC 18.50) as follows:
a. Clarify how an applicant can acquire a "Retaining Wall Setback Waiver(s)." The current
code does not specify the process to be used, although it is intended to be the "Type 2
Special Permission Decision to the Community Development Director."
b. Codify a January 24, 2020, zoning interpretation that found that the 5/12 roof pitch
requirements for single-family dwellings are interpreted to apply to a minimum of 75%
of the total building footprint square footage (TMC 18.50.050.6).
6. Update individual zoning district basic development standards sections to ensure they are
consistent with changes made to the Landscape Chapter in 2017. At the time the Landscape
Code was updated, it was intended that the individual district requirements would be
modified, however this was overlooked in the final adoption process.
Modify reference in TMC 18.54.080 Table A(1) to remove "see Tree Permit Application for
additional detail." Since the Permit Center began taking permit applications online, those
applications have been streamlined and additional information is no longer presented in this
location.
7. TMC 18.54.140 - Tree Permit Exception — Modify the Permit Exceptions section of the code
to remove reference to a Tree Exception Permit. The tree permit exception criteria listed can
be applied to a Tree Permit instead of to a separate Tree Exception Permit. This type of
permit is not listed in TMC 18.104. Remove reference to a Tree Exception Permit in TMC
18.54.030.A.3. and TMC 18.54.130.B. Add reference to exception criteria to TMC 18.54.050,
"All Tree Permit applications shall meet the criteria outlined below for approval, or meet the
criteria for a tree permit exception found in TMC 18.54.140."
8. Update Table 18-6 to consolidate uses listed as "Restaurants including drive through, sit
down, cocktail lounges in conjunction with a restaurant" and "Restaurants including cocktail
lounges in conjunction with a restaurant" into one use called "Restaurants including drive
through, sit down, and cocktail lounges in conjunction with a restaurant." Along with this
change, also consolidate the zones where this use is permitted, combining what is currently
listed and matching the zones where brew pubs are permitted. Further work is required at a
later date to define the different types of restaurants.
9. Correct reference in TMC 18.44.110.G.6.a, Administration: Non -Conforming Development:
Non -Conforming Parking Lots, which cite landscape standards, but cites wrong section.
Currently, citation says "..., except as necessary to meet vegetation protection and
landscaping standards consistent with TMC Section 18.44.110.E.7." The section should
reference TMC 18.44.110.G.7, Administration: Non -Conforming Development: Non -
Conforming Landscape Areas.
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10. In 2017 and 2020, the City's Landscaping Regulations were updated to modify, among other
changes, landscape buffer requirements. These changes were made in the landscaping
code, however, they did not also modify the requirements listed in the individual zoning
district sections of the code. The following changes would address that:
a. TMC 18.10.060 (LDR) Basic Development Standards — add a reference to TMC 18.52,
as conditioned, for Landscape requirements for Uses other than residential.
b. For all other district chapters, remove any previous district landscape requirements
and add reference to TMC 18.52 Table A for minimum landscape requirements.
c. Revise perimeter landscaping requirements set forth in TMC 18.52 Table A to not be
greater than the required setbacks set forth in each district's development
standards section.
11. Update Table 18-6, Land Uses Allowed by District, to streamline categories and remove
outdated land use types. See Attachment A for proposed changes.
E. Title 19 — Sign
1. TMC 19, Sign Code, has several needed amendments
a. Eliminate the excess process that requires businesses to submit a "notice of copy change
form" when they wish to reface an existing, permitted sign. (TMC 19.20.040(6)(d),
19.32.075(4), and 19.20.030(B)(7)(D))
b. Clarify in TMC 19.20.040 that all freestanding signs follow the monument sign standards.
There has been customer confusion as to whether there is another Code section where
freestanding sign standards are contained. Suggested language: "Monument and
freestanding signs are permitted within all commercial and industrial zones, subject to
the following standards."
c. Codify 2019 code interpretation for murals, see Attachment B.
FINANCIAL IMPACT
N/A
RECOMMENDATION
The Council is being asked to forward this item for the Planning Commission review and
recommendation. After the Planning Commission review staff will come back to the Planning and
Economic Development Committee in early summer, following review by the Washington Department
of Commerce and completion of the SEPA process. At that time the Committee will decide if the item is
ready for a public hearing by the Committee of the Whole.
ATTACHMENTS
A. Proposed revisions to Table 18-6: Land Uses Allowed by District
B. 2019 code interpretation regarding artistic murals as opposed to signs
C. Title 8: Public Peace, Morals, and Safety — Proposed Markups
D. Title 17: Subdivisions and Plats — Proposed Markups
E. Title 18: Zoning — Proposed Markups
F. Title 19: Signs — Proposed Markups
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