HomeMy WebLinkAboutPlanning 2022-08-25 ITEM 6 - PUBLIC HEARING - STREAMLINE PERMIT PROCESSES RELATED TO ZONING CODE (Continuance from 7/28/22 Public Hearing)
STAFF REPORT TO THE PLANNING COMMISSION
Prepared July 18, 2022, Updated August 15, 2022
FILE NUMBERS: L22-0078 Comprehensive Plan/Zoning Code Amendment
Exempt from SEPA per WAC 197-11-800 (19)
REQUEST: Consider amendments to streamline permit processes related to Zoning Code text
amendments. The Planning Commission will hold a public hearing on the proposed
amendments and make recommendations to the City Council for review and
adoption.
PUBLIC HEARING: Scheduled for July 28, 2022, Deliberations continued to August 25, 2022
LOCATION: Citywide
STAFF: Nora Gierloff, DCD Director
ATTACHMENT: A. Proposed Zoning Code Changes in Strikeout/Underline Format
BACKGROUND
The Department of Community Development has been struggling over the past few years to keep up
with permit volumes and return to historical permit processing timelines. A combination of factors led to
the backlog in development permit processing and longer review cycles including pandemic disruptions,
high permit volumes, transfer of staff positions from Public Works to DCD, and the transition to online
permitting.
DCD has taken a variety of steps to address these issues including hiring staff, instituting procedural
improvements, and using consultants, however there are additional opportunities for streamlining as we
adjust to the new normal.
DISCUSSION
Staff is proposing code streamlining to reduce staff effort, cut down on paperwork, free up Planning
Commission agendas, and limit the number of meetings and hearings required.
Zoning Code Update Process
Currently Tukwila’s TMC Chapter 18.80 requires that all changes to development regulations in the
Zoning Code follow the same standards as changes to the Comprehensive Plan. This is a lengthy
process that requires review by the Planning Commission and at least five public meetings, including
two hearings, for even minor amendments. This means that code changes take at least 4 months to
process, and often longer if meetings are full or cancelled due to holidays.
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PC Staff Report L22-0078
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Here is an outline of the existing code update process:
1) Propose code change to the relevant Council Committee to forward to the PC;
2) The PC holds a public hearing, and in some cases also a work session on the topic;
3) Present the PC recommendation to the Council Committee to forward to COW;
4) Present the PC and Committee recommendations to the COW and hold another public hearing;
and
5) Adoption of the ordinance at a regular Council meeting.
This process is not required by State law and many other cities allow the Council to decide whether to
send a text amendment to the Planning Commission or address it themselves. In addition, some cities
have an even more streamlined process without a public hearing to correct errors or make procedural
changes.
Staff’s changes would make the procedures in Chapter 18.80 only apply to Comprehensive Plan
amendments along with any of their associated Zoning Code changes.
A new Chapter 18.82 is proposed that would provide separate procedures for Zoning Code text
changes not related to a Comprehensive Plan amendment, see Attachment A. It would include:
1. Application Requirements;
2. Staff Report Contents;
3. Review Procedures and Notice Requirements; and
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PC Staff Report L22-0078
Page 3
4. Council Decision Options.
Allowing the Council the option to act directly on minor changes to the Zoning Code would allow greater
flexibility and responsiveness as well as saving considerable staff time. For example, the Council could
opt to act on straightforward housekeeping amendments without sending them to the Planning
Commission for a recommendation. The Council would likely continue to send larger policy issues to
the PC for a recommendation but might elect to only require one hearing on the changes instead of
two. This would allow the Council to customize the review process for code changes to the scale and
nature of the proposed change. As an agency action any changes to development regulations would
continue to be subject to SEPA environmental review.
In addition to creating the new Chapter above staff is suggesting some housekeeping changes to
Chapter 18.80. These would:
1. Remove references to Zoning Code text changes that do not involve a Comprehensive Plan
amendment;
2. Remove references to application materials that are only relevant to site-specific
Comprehensive Plan amendments (addressed in Chapter 18.84); and
3. Provide additional clarity on the annual docketing process required for Comprehensive Plan
amendments.
Staff is also suggesting housekeeping changes to Chapter 18.84 which covers site-specific rezones
that require an accompanying Comprehensive Plan map change. These would clarify that these
changes may only be considered and adopted once a year in conformance with the Growth
Management Act limitation on amendments to Comprehensive Plans.
REQUESTED ACTION
Review the amendments, consider any changes to the proposed code language, and forward the
Planning Commission recommendation to the City Council for review and adoption.
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Proposed Changes to TMC 18.80, 18.82, 18.84
CHAPTER 18.80
AMENDMENTS TO THE COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS
18.80.010 Application
Any interested person (including applicants, residents,citizens, Tukwila Planning Commission,
City staff and officials, and staff of other agencies) may submit an application for an text
amendment to either the Comprehensive Plan or the development regulations to the
Department of Community Development. Such applications, except site specific rezones along
with the underlying Comprehensive Plan map change, 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 Section 18.80.015, tThe 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 Documents 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.
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2. King County Assessor's map(s) which show the location of each property within 300 feet of
the property that 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, or
pay a fee to the City for generating mailing labels.
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 1,000-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.
B. The Department shall have the authority to waive any of the requirements of this section for
proposed amendments that 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 Comprehensive Plan Amendment Docket
A. Purpose. The purpose of this section is to establish procedures, pursuant to RCW 36.70A, for
the review and amendment of the Comprehensive Plan and implementing development
regulations. The Department shall maintain a docket of all proposed changes to the
Comprehensive Plan and development regulations that are submitted.
1. The Growth Management Act, RCW 36.70A, provides that Comprehensive
Plan amendments be considered no more than once a year with limited exceptions. The
Growth Management Act further provides that all proposals shall be considered by the
governing body concurrently so the cumulative effect of the various proposals can be
ascertained.
2. The Annual Comprehensive Amendment Review Docket (“Annual Review Docket”)
will establish the annual list of proposed Comprehensive Plan amendments and related
development regulations that the City Council determines should be included for review
and consideration for any given year.
3. Placement of an amendment request on the Annual Review Docket does not mean
the amendment request will be approved by the City Council.
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B. If either the Department or the Council determines that a proposed change ismay 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 wellbeing 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.
CB. 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
ismay 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 28 daysfour 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 14 daystwo 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. An evaluation of the application materialsthe issues set forth in this chapter;
2. Iimpact upon the Tukwila Comprehensive Plan and zoning code;
3. Iimpact upon surrounding properties, if applicable;
4. Aalternatives to the proposed amendment; and
5. Aappropriate 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
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contain the Department's recommendation on adoption, rejection, or deferral of each proposed
change.
18.80.050 Council ConsiderationReview Procedures for Docket Requests
A. The City Council shall consider each request for an amendment to either the Comprehensive
Plan or development regulations, except site specific rezones along with the request for a
Comprehensive Plan map change, at a Councilpublic meeting, at which the applicant will be
allowed to make a presentation. Aany person may submitting a written comment on the
proposed change or shall also be allowed an opportunity to make an 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 Sections 18.80.050A and 18.80.050B,
the City Council shall take action as follows:
1. Add the proposed amendment to the Annual Review Docket and Rrefer itthe
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 and consider it as part of a
future Annual Review Docket; or
3. Reject the proposed amendment.
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A new Chapter 18.82 is enacted to read as follows:
CHAPTER 18.82
AMENDMENTS TO DEVELOPMENT REGULATIONS
Sections:
18.82.010 Application
18.82.020 Staff Report
18.82.030 Review Procedures
18.82.040 Council Decision
18.82.010 Application
Any interested person (including applicants, residents, City staff and officials, and staff of other
agencies) may submit an application for a text amendment to the TMC development regulations
to the Department. Such applications are legislative decisions and are not subject to the
requirements or procedures set forth in TMC Chapters 18.104 to 18.116. 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 regulations are deficient or should not continue in
effect;
4. 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;
5. 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
6. A statement of what other changes, if any, are required in other City codes, plans or
regulations to implement the proposed change.
18.82.020 Staff Report
A. Prior to consideration of any proposed amendment, the Department shall prepare and submit
to the reviewing body a staff report which addresses the following:
1. An evaluation of the application materials;
2. Impact upon the Tukwila Comprehensive Plan and zoning code;
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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.
18.82.030 Review procedures.
The following shall apply to processing a text amendment to development regulations:
A. The City Council shall decide whether to review the amendment or direct the planning
commission to review the amendment.
B. If the planning commission is directed to review the amendment, the planning commission
shall, after considering the amendment at a public hearing, vote and forward a written
recommendation to the city council.
C. The Planning Commission's written recommendation shall be presented to the City Council
unchanged and accompanied by an info memo that includes any staff proposed changes to
the Planning Commission's recommendation. If any of staff’s proposed changes are
substantively different from the Planning Commission's recommendation, the City Council
may remand the changes to the Planning Commission before proceeding further with action
on the amendment.
D. At least one public hearing shall be held prior to the City Council acting on an amendment.
The public hearing may be held before the Planning Commission, the City Council, or both
at the Council’s discretion.
E. At least 14 days prior to the public hearing 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 on the proposed changes, and
identifying the date on which the proposed changes will be considered.
18.82.040 Council Decision.
Following receipt of the Planning Commission's recommendation on a proposed amendment
referred to the Commission or of the Staff Report (if the amendment was not sent to the
Planning Commission) the City Council may:
1. Adopt the amendment as proposed;
2. Modify and adopt the proposed amendment;
3. Remand to the Planning Commission for further proceedings; or
3. Deny the proposed amendment.
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CHAPTER 18.84
REQUESTS FOR CHANGES IN ZONING
18.84.010 Application Submittal
Applications for rezone of property, along with the request for a Comprehensive Plan map
change, shall be submitted to the Department of Community Development. Proposed changes
received by the Department after January 1 of any year shall be held over for the following
year's review. A Ssite specific rezone and the accompanying Comprehensive Plan map change
application shall be a Type 5 decision processed in accordance with the provisions of TMC
Section 18.108.050.
18.84.040 Council DecisionOrdinance Required
A. After holding a public hearing and evaluating the application against the criteria at 18.84.020
the City Council may:
1. Adopt the rezone and map amendment as proposed;
2. Modify or condition the proposed rezone and map amendment; or
3. Deny the proposed rezone and map amendment.
B. 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. Due to the Growth Management Act, RCW 36.70A, which provides that Comprehensive
Plan amendments be considered no more frequently than once a year, any rezone ordinance
must be adopted by the Council concurrently with action on the Annual Review Docket items.
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