HomeMy WebLinkAboutOrd 2717 - TMC Chapter 18.82 "Amendments to Development Regulations" - Clarify Process for Updating Annual Comprehensive Plan Docket and Development RegulationsCover page to Ordinance2717
The full text of the ordinance follows this cover page.
Ordinance2717was amended or repealedby the following ordinances.
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2, 4-7, 9-142741
Washington
Ordinance ,,, o.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA
MUNICIPAL CODE (TMC) CHAPTERS 18.80 AND 18.84 AS
DETAILED HEREIN; REPEALING ORDINANCE NOS. 1770 §53
AND 2368 §65, AS CODIFIED AT TMC SECTION 18.80.015;
ESTABLISHING TMC CHAPTER 18.82, "AMENDMENTS TO
DEVELOPMENT REGULATIONS"; TO CLARIFY THE PROCESS
FOR UPDATING THE ANNUAL COMPREHENSIVE PLAN DOCKET
AND DEVELOPMENT REGULATIONS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code (TMC) Chapter 18.80, "Amendments to
Comprehensive Plan and Development Regulations," requires that all changes to
development regulations in the Zoning Code follow the same standards as changes to the
Comprehensive Plan; and
WHEREAS, RCW 36.70A.130(2)(a) limits amendments to the Comprehensive Plan to
once every year but does not have a restriction on how often zoning text amendments can
occur; and
WHEREAS, the Tukwila Municipal Code currently restricts zoning text amendments
and limits flexibility to correction of text errors, consistency with state requirements, and
distribution of staff workload throughout the year; and
WHEREAS, these restrictions on zoning text amendments are significantly more
limiting than in other jurisdictions comparable to Tukwila in population and area (i.e., South
King County); and
WHEREAS, decoupling the Comprehensive Plan update process from the zoning text
amendment process would provide more flexibility for staff and reduce Planning
Commission workload; and
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WHEREAS, separating the Comprehensive Plan update process from the zoning text
amendment process would provide a more flexible and predictable process for private
applicants; and
WHEREAS, housekeeping changes to TMC Chapter 18.80 would remove outdated
references and provide additional clarity on the annual docketing process for
Comprehensive Plan amendments; and
WHEREAS, a new TMC Chapter 18.82 is proposed that would provide separate
procedures for zoning text amendments not related to a Comprehensive Plan amendment;
and
WHEREAS, housekeeping changes to TMC Chapter 18.84 would clarify that site -
specific rezones may only be considered and adopted once a year in conformance with the
Growth Management Act limitation on amendments to Comprehensive Plans; and
WHEREAS, on September 11, 2023, the City submitted the proposed amendment to
the Washington State Department of Commerce for its 60-day review and received
documentation of completion of the procedural requirement (Submittal ID 2023-S-6428);
and
WHEREAS, in taking the actions set forth in this ordinance, the City has complied with
the requirements of the State Environmental Policy Act, Chapter 43.21C RCW; and
WHEREAS, on September 14, 2023, 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 October 23, 2023, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of the
Planning Commission; and
WHEREAS, based on careful consideration of the facts and law, the City Council finds
that the proposed amendments attached and incorporated herein should be approved as
presented;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The Tukwila City Council hereby adopts
the foregoing recitals and incorporates them herein as support for these amendments.
Section 2. TMC Section 18.80.010 Amended. Ordinance Nos. 1758 §1, 1770 §52,
and 2368 §64, as codified at TMC Section 18.80.010, "Application," are hereby amended to
read as follows:
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18.80.010 Application
A. 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
Comprehensive Plan to the Department. Such applications, except site specific rezones
along with the underlying Comprehensive Plan map change, 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 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.
Section 3. Repealer. Ordinance Nos. 1770 §53 and 2368 §65, as codified at TMC
Section 18.80.015, "Documents to be Submitted with Application," are hereby repealed,
thereby eliminating TMC Section 18.80.015.
Section 4. TMC Section 18.80.020 Amended. Ordinance Nos. 1758 §1, 1770 §54 ,
and 2071 §1, as codified at TMC Section 18.80.020, "Docket," are hereby amended to read
as follows:
18.80.020 Comprehensive Plan Amendment Docket
A. Purpose. The purpose of this section is to establish procedures, pursuant to
chapter RCW 36.70A, for the review and amendment of the Comprehensive Plan.
1. The Growth Management Act, chapter RCW 36.70A, provides that the
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
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considered by the governing body concurrently so the cumulative effect of the various
proposals can be ascertained.
2. The Annual Comprehensive Plan 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.
B. If either the Department or the Council determines that a proposed change is 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.
C. Non -emergency changes shall be compiled and submitted to the Council for
review on an annual basis to establish items to be included on the annual docket, and 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 Department determines the proposed change is an emergency.
Section 5. TMC Section 18.80.030 Amended. Ordinance No. 1758 §1, as codified
at TMC Section 18.80.030, "Notice and Comment," is hereby amended to read as follows:
18.80.030 Notice and Comment
The docket of proposed changes shall be posted on the Department of Community
Development's website and made available to any interested person. At least 28 days 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
on the proposed changes, and identifying the date on which the Council will consider the
proposed changes.
Section 6. TMC Section 18.80.040 Amended. Ordinance No. 1758 §1, as codified
at TMC Section 18.80.040, "Staff Report," is hereby amended to read as follows:
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18.80.040 Staff Report
A. At least 14 days prior to Council consideration of any proposed amendment to the
Comprehensive Plan, the Department shall prepare and submit to the Council a staff report
that addresses the following:
1. An evaluation of the application material;
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.
Section 7. TMC Section 18.80.050 Amended. Ordinance Nos. 1758 §1, 1770 §55,
1856 §1, and 2368 §66, as codified at TMC Section 18.80.050, "Council Consideration," are
hereby amended to read as follows:
18.80.050 Review Procedure for Comprehensive Plan Docket Requests
A. The City Council shall consider each request for an amendment to the
Comprehensive Plan at a Council meeting, at which any person may submit a written
comment on the proposed change or make an 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 18.80.050.A and
18.80.050.B, the City Council shall take action as follows:
1. Add the proposed amendment to the Annual Review Docket and refer it to the
Planning Commission for further review and a recommendation to the City Council;
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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.
Section 8. Regulations Established. TMC Chapter 18.82, "Amendments to
Development Regulations," is hereby established 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
Section 9. Regulations Established. TMC Section 18.82.010, "Application," is
hereby established to read as follows:
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 Tukwila Municipal
Code 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, stormwater 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.
Section 10. Regulations Established. TMC Section 18.82.020, "Staff Report," is
hereby established to read as follows:
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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 that addresses the following:
1. An evaluation of the application materials;
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.
Section 11. Regulations Established. TMC Section 18.82.030, "Review Procedures,"
is hereby established to read as follows:
18.82.020 Review Procedures
The following shall apply to processing a text amendment to development regulations:
1. The City Council shall either forward the amendment to the Planning
Commission for a recommendation or reject the amendment.
2. 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.
3. The Planning Commission's written recommendation shall be presented to
the City Council unchanged and accompanied by an Informational Memorandum that
includes any staff proposed changes to the Planning Commission's recommendation. If any
of staffs 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.
4. At least one public hearing shall be held before the Planning Commission prior
to the City Council acting on an amendment. An additional hearing before the City Council
may be held at the Council's discretion.
5. At least 14 days prior to the public hearing, the City shall publish a notice in
the City's newspaper of record 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.
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Section 12. Regulations Established. TMC Section 18.82.040, "Council Decision," is
hereby established to read as follows:
18.82.040 Council Decision
Following receipt of the Planning Commission's recommendation on a proposed
amendment 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
4. Deny the proposed amendment.
Section 13. TMC Section 18.84.010 Amended. Ordinance Nos. 2116 §1 and 2368
§67, as codified at TMC Section 18.84.010, "Application Submittal," are amended to read
as follows:
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. Proposed changes received by the
Department after January 1 of any year shall be held over for the following year's review. A
site 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.
Section 14. TMC Section 18.84.040 Amended. Ordinance No. 2116 §1, as codified
at TMC Section 18.84.040, "Ordinance Required," is amended to read as follows:
18.84.040 Council Decision
A. After holding a public hearing and evaluating the application against the criteria at
TMC Section 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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Section 15. Corrections by City Clerk or Code Reviser Authorized. Upon approval
of the City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 16. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 17. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 4' day of 0 veimbeir , 2023.
ATTEST/AUTHENTICATED:
DocuSigned by:
CtUli Sf eV FLlikAY111
--.867840CE3594E7
Christy 0 Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk: rO(3(3
-
Passed by the City Council: II- 6-7-9
Published:
---DocuSigned by:
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5E499CA4165E452
Office of the City Attorney
Effective Date: 413
Ordinance Number: 2.111'
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2712-2718.
On November 6, 2023 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2712: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) TITLE 2, "ADMINISTRATION AND PERSONNEL,"
TO MODIFY TERM END DATES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2713: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2534 §4 AND §6, AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTIONS 2.36.020 AND 2.36.040,
TO MODIFY TERM END DATES AND UPDATE MEETING REGULATIONS IN
COMPLIANCE WITH RCW 35.63.040; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2714: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT
14000 INTERURBAN AVE S., TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR)
TO COMMERCIAL LIGHT INDUSTRIAL (CLI); PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2715: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REZONING CERTAIN REAL PROPERTY LOCATED AT
6250 S. 153RD STREET, TUKWILA, FROM LOW DENSITY RESIDENTIAL (LDR) TO
MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2716: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758 §1 (PART), 1976 §5,
2098 §1, 2199 §4, AND 2581 §1 AND §11, AS CODIFIED AT VARIOUS SECTIONS OF
TUKWILA MUNICIPAL CODE (TMC) TITLES 17 AND 18; REPEALING ORDINANCE
NO. 2581 §12 AS CODIFIED AT TMC SECTION 18.50.220, TO UPDATE ACCESSORY
DWELLING UNIT REGULATIONS IN ALIGNMENT WITH STATE LAW AND
ENCOURAGE HOUSING PRODUCTION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2717: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE (TMC) CHAPTERS 18.80
AND 18.84 AS DETAILED HEREIN; REPEALING ORDINANCE NOS. 1770 §53 AND
2368 §65, AS CODIFIED AT TMC SECTION 18.80.015; ESTABLISHING TMC
CHAPTER 18.82, "AMENDMENTS TO DEVELOPMENT REGULATIONS"; TO
CLARIFY THE PROCESS FOR UPDATING THE ANNUAL COMPREHENSIVE PLAN
DOCKET AND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2718: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING," AS DELINEATED HEREIN,
TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS AND
PARKING REGULATIONS RELATED TO: DEFINITIONS (TMC CHAPTER 18.06),
NONCONFORMING LOTS, STRUCTURES AND USES (TMC CHAPTER 18.70), AND
PERMIT APPLICATION TYPES AND PROCEDURES (TMC CHAPTER 18.104);
AMENDING FIGURE 18-7 AND TABLE 18-6; ESTABLISHING TMC SECTION
18.50.240; 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: November 9, 2023