HomeMy WebLinkAboutOrd 1853 - Tukwila Comprehensive Land Use PlanWashington
Cover page to Ordinance 1853
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE C
OF T II WI:LA, WAS i IN T N, ADOPTING THE 'TURIIIILA
MANUFACTURING/INDUSTRIAL CENTER. STRATEGIC
IMPLEMENTATION LAN AS AN ELEMENT OF THE
T" KWI A. COMPR.EHENSIVE LAND USE PLANT
ESTABLISHING A PLANNED ACTION ENVIRONMENTAL
...VIEW PROCESS; .AI,ENDING VARIOUS CHAPTERS Of
TITLES I6,, I E, AND I PR.O (DING FOR SE ERAS ILIT ,
AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 1853 was amended or repealed by the
following ordinances.
Se
ion(s)
A
AMENDED
nded
A
�end ecl by Ord #
6
2502
4
2524
Se
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R
REPEALED
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Repealed by Ord #
5
2076
6, 7
2711
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1908
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Ordinance No. i' y YJ 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING THE TUKWILA
MANUFACTURING /INDUSTRIAL CENTER STRATEGIC
IMPLEMENTATION PLAN AS AN ELEMENT OF THE
TUKWILA COMPREHENSIVE LAND USE PLAN;
ESTABLISHING A PLANNED ACTION ENVIRONMENTAL
REVIEW PROCESS; AMENDING VARIOUS CHAPTERS OF
TITLES 16, 18, AND 21; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Tukwila Manufacturing/Industrial Center is one of four Manufacturing Industrial
Centers designated in the King County Comprehensive Planning Policies, pursuant to the State Growth
Management Act; and
WHEREAS, City staff developed a Tukwila Manufacturing/Industrial Center Strategic Implemen-
tation Plan and implementing regulations as directed in the City of Tukwila Comprehensive Plan; and
WHEREAS, extensive opportunities for public participation in developing the plan and its regula-
tions were made available; and
WHEREAS, an environmental impact statement on the plan and regulations was circulated for
public review and finalized after public comment; and
WHEREAS, the environmental impact statement on the plan and regulations evaluated the impacts
of certain "planned actions" per WAC 194 -11 -164 and 168, and found no significant adverse impacts per
WAC 197 -11 -172; and
WHEREAS, a copy of the Tukwila Manufacturing/Industrial Center Strategic Implementation Plan
was transmitted to the Washington State Department of Community Trade and Economic Development
for review per State statute with the State's comments being presented at the City Council public hearing;
and
WHEREAS, the Planning Commission and City Council held public hearings on the plan and
regulations; and
WHEREAS, the City Council considered all comments and materials during its deliberations
including the Environmental Impact Statement and the Planning Commission recommendation, and made
revisions as a result of further staff analysis and public input; and
WHEREAS, the plan area boundary and its associated provisions have been limited to areas within
the City of Tukwila in order to address concerns raised by the City of Seattle and King County
administrations; and
WHEREAS, the City will monitor MIC development and performance of this plan through regional
Growth Management Act Benchmarks Program currently administered by the Puget Sound Regional
Council;
MICPLAN.DOC 10129198 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Findings. The analyses and conclusions in the "Tukwila Manufacturing/Industrial
Center Strategic Implementation Plan," the associated environmental impact statement, and the staff
responses to comments on the plan and draft environmental impact statement are supported. These
documents are incorporated herein as if fully stated and are on file at the Tukwila Department of
Community Development.
Section 2. Adoption of Plan. The "Tukwila Manufacturing/Industrial Center Strategic Imple-
mentation Plan" is incorporated herein as if fully stated and adopted as a subarea plan of the "City of
Tukwila Comprehensive Land Use Plan" pursuant to the State Growth Management Act. Implementing
regulations within the plan are adopted by this ordinance.
Section 3. Ordinance No. 1758, as codified at TMC 18.38.020, is amended to allow a new class of
permitted use in the MIC /H zone as follows:
"Manufacturing, processing and /or packaging pharmaceuticals and related products, such as
cosmetics and drugs
Section 4. A new TMC section 18.50.100, MIC /L and MIC /H Site Lighting Standards, is hereby
created as follows:
18.50.100 MIC /L and MIC /H Site Lighting Standards.
A. The following site lighting standards shall apply to portions of developments within 100 feet of
the Tukwila Manufacturing/Industrial Center boundary as defined in the 1995 Comprehensive Plan:
1. the minimum light levels in parking areas, paths between the building and street or parking
areas shall be 1 ft. /candle;
2. the maximum ratio of average:minimum light level shall be 4:1 for illuminated grounds;
3. maximum illumination at the property line shall be 2 ft. /candles;
4. lights shall be shielded to eliminate direct off -site illumination; and
5. general grounds need not be lighted.
B. Variation from these standards may be granted by the Director of the Department of
Community Development based on technical unfeasibility or safety considerations.
Section 5. A new TMC section 18.50.110, MIC /L and MIC /H Zone Archaeological /Paleon-
tological Information Preservation Requirements, is hereby created as follows:
18.50.110 MIC /L and MIC /H Zone Archaeological /Paleontological Information Preservation
Requirements.
The following provisions shall apply in the MIC /L and MIC /H zones:
1. If there is reason to believe that archaeological resources will be disturbed, a cultural
resources assessment shall be conducted and, if warranted, an archaeological response plan and provisions
for excavation monitoring by a professional archaeologist shall be made prior to beginning construction.
The assessment should address the existence and significance of archaeological remains, buildings and
structures on the State or Federal historic registers, observable paleontological deposits and may include
review by the State Archaeologist.
2. It is recommended that the applicant coordinate a predetermination study by a professional
archaeologist during the geotechnical investigation phase, to determine site archaeological potential and
the likelihood of disturbing archaeological resources.
3. Excavations into historically native soil, when in an area of archaeological potential, shall
have a professional archaeologist on site to ensure that all State statutes regarding archaeological
conservation /preservation are implemented. The applicant shall provide a written commitment to stop
work immediately upon discovery of archaeological remains and to consult with the State Office of
MICPLAN.DOC 10/29/98 2
Archaeology and Historic Preservation (OAHP) to assess the remains and develop appropriate treatment
measures. These may include refilling the excavation with no further responsibility.
4. An applicant who encounters Indian burials shall not disturb them and shall consult with
OAHP and affected tribal organizations pursuant to State statutes.
c. waive any and all the above requirements, except for subsection "4" (reporting of
discovered Indian burials), if the proposed action will have no probable significant impact on
archaeological or historical resources that are eligible for listing in the National Register of Historic Places,
or on observable paleontological resources. Examples of such actions include excavation of fill materials,
disturbance of less than 10,000 s.f. of native soils to a depth of 12 inches, penetration of native soils with
pilings over a maximum 8% of the building footprint, and paving over native soils in a manner which does
not damage cultural resources. The above examples are illustrative and not determinative. A case -by -case
evaluation of archaeological /paleontological potential value and proposed disturbance must be made.
21.04.152 Planned Actions Identified.
Planned actions are specifically identified as developments which satisfy all of the following charac-
teristics:
1. is a "permitted use" located within the MIC /L (TMC 18.36.020) and MIC /H (TMC
18.38.020) zones and /or is an accessory use (TMC 18.36.030 and 18.38.030 respectively) "conditional"
and "unclassified" uses are not planned actions); and
and
3. is consistent with the Tukwila Comprehensive Plan per RCW 43.21C.031(2); and
4. is not any of the following:
a. an "essential public facility" as defined in RCW 36.70.200, per RCW 43.21C.031(2);
b. an action which is not consistent with the Tukwila Comprehensive Plan as adopted
per RCW 36.70A (consistency required per RCW 43.21C.031(2));
c. a conditional or unclassified use, in the respective MIC /L or MIC /H zones;
d. a development related to the Regional Transit Authority light rail or commuter rail
system;
5. The Director is authorized to:
a. conduct studies to generally identify areas of archaeological /paleontological potential;
b. make determinations to implement these provisions; and
Section 6. A new TMC Section 21.04.152, Planned Actions Identified, is hereby created as follows:
2. satisfies the consistency checklist which demonstrates that all impacts have been mitigated;
e. any decisions about the 16th Avenue Bridge improvement or disposition which would
normally require a SEPA threshold determination; or
f. a development in which any portion includes shoreline modifications waterward of the
ordinary high water mark.
Section 7. A new TMC section 21.04.154, Consistency Check, is hereby created as follows:
21.04.154 Consistency Check.
A. Having identified the developments which are a potential "planned action the development
must demonstrate that it has mitigated all of its impacts pursuant to the environmental impact statement
and planned action ordinance, and is consistent with the Comprehensive Plan (RCW 43.21C.030(2).
MICPLAN.DOC 10/29/98 3
B. A consistency checklist will be provided by the Director of the Department of Community
Development. The criteria for Comprehensive Plan consistency are as presented in the "Integrated GMA
Implementation Plan and Environmental Impact Statement for the Tukwila Manufacturing/Industrial
Center."
Section 8. A new TMC section 21.04.156, Designating a Development as a Planned Action, is
hereby created as follows:
21.04.156 Designating a Development as a Planned Action.
A. The Director of the Department of Community Development shall be authorized to designate a
specific development proposal which is eligible to be a planned action, has mitigated all of its significant
adverse impacts, and is consistent with the Comprehensive Plan, as a planned action.
B. This designation shall be final, with no administrative appeals.
Section 9. A new TMC section 21.04.158, Planned Action Development Review Process, is hereby
created as follows:
21.04.158 Planned Action Development Review Process.
Designation of a planned action would relieve the application from any SEPA review including a
threshold determination, any final threshold determination, public notice of SEPA action, and any admin-
istrative appeals. A notice of complete application would NOT be sent for Type 1 applications which
choose the planned action option.
Section 10. Incorporation of MIC /L and MIC /H Zone Driveway Design and Bus Pullout
Requirements. The Public Works Director shall incorporate the "MIC /L and MIC /H Zone Driveway
Design and Bus Pullout Requirements," as presented in the Tukwila Manufacturing/Industrial Center
Strategic Implementation Plan (pages 28 and 29), into the City of Tukwila Infrastructure Design and
Construction Standards as adopted in Ordinance 1783 and codified at TMC 16.36.
Section 11. 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 12. 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 and effect five (5) days after passage and
publication as provided by law.
PASSED BY THE CITY COUNCIL OFq CITY OF TUKWI WASHINGTON, at a Regular
Meeting thereof this day of 1998.
ATTEST /AUTHENTICATED:
APPROVED
(2,
J. e E. Cantu, City Clerk
FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK: //.g A g
PASSED BY THE CITY COUNCIL: //�/�kf
PUBLISHED: /a
EFFECTIVE DATE: /7/i/ ft
ORDINANCE NO.: acy
Joh
Rants, Mayor
MICPLAN.DOC 10/29/98 4
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. /063
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, ADOPTING
THE TUKWILA MANUFACTURING /INDUSTRIAL
CENTER STRATEGIC IMPLEMENTATION PLAN AS
AN ELEMENT OF THE TUKWILA COMPREHENSIVE
LAND USE PLAN; ESTABLISHING A PLANNED
ACTION ENVIRONMENTAL REVIEW PROCESS;
AMENDING VARIOUS CHAPTERS OF TITLES 16, 18,
AND 21; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
On /F9p, the City Council of the City of Tukwila passed
Ordinance No. adopting the Tukwila Manufacturing /Industrial Center
Strategic Implementation Plan as an element of the Tukwila Comprehensive Land Use
Plan; establishing a planned action environmental review process; amending various
chapters of Titles 16, 18, and 21; providing for severability and establishing an effective
date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of /9g
Published Seattle Times: ///&79
E. Cantu, City Clerk