HomeMy WebLinkAboutOrd 2005 - Administrative Design Review Process
Cover page to Ordinance 2005
The full text of the ordinance follows this cover page.
Ordinance 2005 was amended or repealed by the following ordinances.
AMENDEDREPEALED
Section(s) AmendedAmended by Ord#Section(s) Repealed Repealed by Ord#
1 22511-8, 10-192741
1-8, 10-15 2368 9 2084
13, 14 2335 20 2119
2118, 2235, 2251,
17
2257, 2368, 2442
182235
20 2066, 2097, 2098
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Ordinance No. r�_ 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1758, 1768, 1793, 1796,
1847, 1857 AND 1865 AS CODIFIED AT CHAPTERS 18.12, 18.14, 18.16,
18.18, 18.20, 18.22, 18.24, 18.26, 18.28, 18.30, 18.32, 18.34, 18.36, 18.38, 18.40,
18.60 AND 18.104 OF THE TUKWII.A MUNICIPAL CODE, TO ADD AN
ADMINISTRATIVE DESIGN REVIEW PROCESS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the wide range of complexity among design review cases is not
reflected in Tukwila's processes and fees; and
WHEREAS, Tukwila has only one design review process a public hearing before
the Board of Architectural Review regardless of the size of the project; and
WHEREAS, Administrative design review would be more time and cost effective
for additions and small developments while maintaining the same design standards;
and
WHEREAS, Adding an administrative design review process would provide more
equity between the various Zoning Districts; and
WHEREAS, the Planning Commission held a public hearing on the proposed
Zoning Code amendments September 26, 2002, after proper notice; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Code
amendments November 25, 2002, after proper notice;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1865 §11 and Ordinance 1.758 §1 (part) as codified at Section
18.12.060 of the Tukwila Municipal Code is hereby amended to read as follows:
18.12.060 Design review.
Design review is required for all multi family structures; mobile or manufactured
home parks; and for developments in a Commercial Redevelopment Area that propose
the uses and standards of an adjacent commercial. zone. Multi- family structures up to
1,500 square feet will be reviewed administratively.
Section 2. Ordinance 1865 §15 and Ordinance 1758 §1 (part) as codified at Section
18.14.060 of the Tukwila Municipal Code is hereby amended to read as follows:
18.14.060 Design review.
Design review is required. for all multi-family structures; mobile or manufactured
home parks; and for developments irl. a Commercial Redevelopment Area that propose
Administrative Design Review I
the uses and standards of an adjacent commercial zone. Multi- family structures up to
1,500 square feet will be reviewed administratively.
Section 3. Ordinance 1758 §1 (part) as codified at Section 18.16.070 of the Tukwila
Municipal Code is hereby amended to read as follows:
18.16.070 Design review.
Design review is required for commercial structures 1,500 square feet or larger, for
all structures containing multi- family dwellings and all structures in the Tukwila
International Boulevard corridor. Commercial structures between 1,500 and 5,000
square feet, multi family structures up to 1,500 square feet, and all buildings up to 1,500
square feet in the Tukwila International Boulevard corridor will be reviewed
administratively. Design review is also required for certain exterior repairs,
reconstructions, alterations or improvements to buildings over 10,000 square feet.
Section 4. Ordinance 1758 §1 (part) as codified at Section 18.18.070 of the Tukwila
Municipal Code is hereby amended to read as follows:
18.18.070 Design review.
Design review is required for commercial structures 1,500 sq. ft. or larger.
Commercial structures between 1,500 and 5,000 square feet will be reviewed
administratively. Design review is also required for certain exterior repairs,
reconstructions, alterations or improvements to buildings over 10,000 square feet.
Section 5. Ordinance 1758 §1 (part) as codified at Section 18.20.070 of the Tukwila
Municipal Code is hereby amended to read as follows:
18.20.070 Design review.
Design review is required for all commercial and multi family structures.
Commercial and multi- family structures up to 1,500 square feet will be reviewed
administratively. Design review is also required for certain exterior repairs,
reconstructions, alterations or improvements to buildings over 10,000 square feet.
Section 6. Ordinance 1758 §1 (part) as codified at Section 18.22.070 of the Tukwila
Municipal Code is hereby amended to read as follows:
18.22.070 Design review.
Design review is required for all commercial and for all multi family structures.
Commercial and multi family structures up to 1,500 square feet will be reviewed
administratively. Design review is also required for certain exterior repairs,
reconstructions, alterations or improvements to buildings over 10,000 square feet or in
the Tukwila International Boulevard corridor.
Section 7. Ordinance 1865 §30 and Ordinance 1758 §1 (part) as codified at Section
18.24.070 of the Tukwila Municipal Code is hereby amended to read as follows:
18.24.070 Design review.
Design review is required for all hotels and motels and for other commercial
structures 1,500 square feet or larger. Outside of the Tukwila International Boulevard
corridor, commercial structures between 1,500 and 5,000 square feet and multi family
structures up to 1,500 square feet will be reviewed administratively. Within the
Tukwila International Boulevard corridor (see TMC Figure 18 -9), design review is
required for all new development as well as certain exterior repairs, reconstructions,
alterations or improvements. Commercial and multi family structures up to 1,500
Administrative Design Review 2
square feet will be reviewed administratively. (Details on design review are found in
Chapter 18.60, Board of Architectural Review.)
Section 8. Ordinance 1758 §1 (part) as codified at Section 18.26.070 of the Tukwila
Municipal Code is hereby amended to read as follows:
18.26.070 Design review.
Design review is required for commercial structures 1,500 square feet or larger and
for all structures containing multi family dwellings. Commercial structures between
1,500 and 5,000 square feet and multi- family structures up to 1,500 square feet will be
reviewed administratively. Design review is also required for certain exterior repairs,
reconstructions, alterations or improvements to buildings over 10,000 square feet.
Section 9. Ordinance 1758 §1 (part) as codified at Section 18.28.070 of the Tukwila
Municipal Code is hereby amended to read as follows:
18.28.070 Design review.
Design review is required for all commercial structures larger than 1,500 square
feet, and for all structures containing multi family development. Commercial
structures between 1,500 and 2,500 square feet and multi family structures up to 1,500
square feet will be reviewed administratively. Design review is also required for certain
exterior repairs, reconstructions, alterations or improvements to buildings over 10,000
square feet.
Section 10. Ordinance 1758 §1 (part) as codified at Section 18.30.070 of the
Tukwila Municipal Code is hereby amended to read as follows:
18.30.070 Design review.
Design review is required for new developments within 300 feet of residential
districts or within 200 feet of the Green /Duwamish River, or for developments larger
than 1,500 square feet. Commercial structures between 1,500 and 10,000 square feet will
be reviewed administratively. Design review is also required for certain exterior repairs,
reconstructions, alterations or improvements to buildings over 10,000 square feet.
Section 11. Ordinance 1758 §1 (part) as codified at Section 18.32.070 of the
Tukwila Municipal Code is hereby amended to read as follows:
18.32.070 Design review.
Administrative design review is required for new developments within 300 feet of
residential districts or within 200 feet Green /Duwamish River.
Section 12. Ordinance 1793 §1 and Ordinance 1758 §1 (part) as codified at Section
18.34.070 of the Tukwila Municipal Code is hereby amended to read as follows:
18.34.070 Design review.
Administrative design review is required for new developments within 300 feet of
residential developments or within 200 feet of the Green /Duwamish River.
Administrative design review is also required for new developments over 45 feet in
height.
Section 13. Ordinance 1758 §1 (part) as codified at Section 18.36.070 of the
Tukwila Municipal Code is hereby amended to read as follows:
Administrative Design Review 3
18.36.070 Design review.
Administrative design review is required for new developments within 300 feet of
residential districts or within 200 feet of the Green /Duwamish River.
Section 14. Ordinance 1758 §1 (part) as codified at Section 18.38.070 of the
Tukwila Municipal Code is hereby amended to read as follows:
18.38.070 Design review.
Administrative design review is required for new developments within 300 feet of
residential districts or within 200 feet of the Green Duwamish River.
Section 15. Ordinance 1758 §1 (part) as codified at Section 18.40.070 of the
Tukwila Municipal Code is hereby amended to read as follows:
18.40.070 Design review.
Design review is required for new development within 300 feet of residential
districts; within 200 feet of the Green Duwamish River; for developments larger than
1,500 sq. ft. and for all multi family developments. Commercial structures between
1,500 and 10,000 square feet and multi family structures up to 1,500 square feet will be
reviewed administratively.
Section 16. Ordinance 1865 §49 and Ordinance 1758 §1 (part) as codified at Section
18.60.010 of the Tukwila Municipal Code is hereby amended to read as follows:
18.60.010 Purpose and objectives.
It is the purpose of this chapter to provide for the review by public officials of land
development and building design in order to promote the public health, safety and
welfare. Specifically, the Board of Architectural Review "BAR and DCD Director shall
only approve well- designed developments that are creative and harmonious with the
natural and manmade environments. Throughout this chapter, any reference to the
Board or BAR shall also include the DCD Director in the case of administrative design
review.
Section 17. Ordinance 1865 §50 and Ordinance 1758 §1 (part) as codified at Section
18.60.030 of the Tukwila Municipal Code is hereby amended to read as follows:
18.60.030 Scope of authority.
A. The rules and regulations of the Board of Architectural Review shall be the
same as those stated for the Planning Commission in the bylaws of the Tukwila
Planning Commission.
B. Projects meeting the thresholds for administrative design review will be
reviewed by the DCD Director. All other projects requiring design review approval
will be reviewed by the BAR. The Board and the DCD Director shall have the authority
to approve, approve with conditions, or deny all plans submitted based on a clear
demonstration of compliance with all of the guidelines of this chapter.
C. Design review is required for the following described land use actions:
1. All developments will be subject to design review with the following
exceptions:
Administrative Design Review 4
a. Developments exempted in the various districts,
b. Developments in LI, HI, MIC /L, MIC /H and TVS districts, except
when within 300 feet of residential districts or within 200 feet of the Green/ Duwamish
River or that require a shoreline permit;
2. Any exterior repair, reconstruction, cosmetic alterations or
improvements, if the cost of that work equals or exceeds 10% of the building's assessed
valuation (for costs between 10% and 25%, the changes will be reviewed
administratively);
a. for sites whose gross building square footage exceeds 10,000 square
feet in MUO, 0, RCC, NCC, RC, RCM, TUC and C/ LI zoning districts; and
b. for any site in the NCC, MUO or RC zoning districts in the Tukwila
International Boulevard corridor (see TMC Figure 18 -9).
3. Development applications using the procedures of 18.60.60, Commercial
Redevelopment Area.
D. For development in the NCC, RC, and MUO zones within the Tukwila
International Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping
and setback standards may be waived and conditioned, upon approval of plans by the
BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard
Design Manual, as amended. Landscaping and setback standards may not be waived on
commercial property sides adjacent to residential districts.
E. No changes shall be made to approved designs without further BAR or
Director approval and consideration of the change in the context of the entire project;
except that the Director is authorized to approve minor, insignificant modifications
which have no impact on the project design.
Section 18. Ordinance 1865 §54, Ordinance 1770 X35 and Ordinance 1758 §1 (part)
as codified at Section 18.60.030 of the Tukwila Municipal Code is hereby amended to
read as follows:
18.60.070 Action by Board of Architectural Review.
A. APPROVAL. Projects meeting the thresholds for administrative design review
will be processed as Type 2 decisions pursuant to TMC 18.108.020. All other design
review decisions shall be processed as Type 4 decisions pursuant to TMC 18.108.040. If
the BAR approves the proposed development, a building permit may be issued by the
appropriate City official providing all other requirements of the building code and
ordinances of the City have been complied with.
B. APPROVAL WITH CONDITIONS. If the BAR approves the proposed
development plans with conditions, it may require that such conditions shall be fulfilled
prior to the issuance of a building or occupancy permit, where appropriate.
C. DENIAL. The BAR may deny the proposed development plans if the plans do
not satisfy the guidelines of this chapter.
D. TIME LIMIT OF APPROVAL. Construction permitting for BAR approved
plans must begin within three years from the notice of decision or the BAR decision
becomes null and void.
Section 19. Ordinance 1872 §15 and Ordinance 1819 §1 (part) as codified at Section
18.70.090 of the Tukwila Municipal Code is hereby amended to read as follows:
Administrative Design Review 5
18.70.090 Nonconforming landscape areas.
A. Adoption of the landscaping regulations contained in this title shall not be
construed to require a change in the landscape improvements for any legal landscape
area which existed on the date of adoption of this title, unless and until a change of use
or alteration of the structure requiring design review approval is proposed (see TMC
18.60).
B. At such time as a change requiring design review approval is proposed for a
use or structure, and the associated premises does not comply with the landscape
requirements of this title, a landscape plan which conforms to the requirements of this
title shall be submitted for approval along with the design review application. The BAR
(or DCD Director in the case of administrative design review) may modify the
standards imposed by this title when, in their judgment, strict compliance with the
landscaping standards of this code would create substantial practical difficulties, the
existing and proposed additional landscaping and screening materials together will
adequately screen or buffer possible use incompatibilities, soften the barren appearance
of parking or storage areas, and/ or adequately enhance the premises appropriate to the
use district and location of the site.
Section 20. Ordinance 1857 §7, Ordinance 1847 §2, Ordinance 1796 §3 (part) and
Ordinance 1768 §2 (part) as codified at Section 18.104.010 of the Tukwila Municipal
Code is hereby amended to read as follows:
18.104.010 Classification of project permit applications.
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five different types are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and/ or a public hearing is required
before a decision is made, and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical
expertise as designated by ordinance. Type 1 decisions may be appealed to the Hearing
Examiner who will hold a closed record appeal hearing based on the information
presented to the City administrator who made the decision. Public notice is not
required for Type 1 decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
TYPE OF PERMIT
Building Permit
Utility Permit
Sign Permit, except for those sign permits
specifically requiring approval of the
Planning Commission or denials of sign
permits which are appealable
Land Alteration
Boundary Line Adjustment, including Lot
Consolidation
Minor Modification to PRD (TMC 18.46.130)
Minor modification to design review
approved design (TMC 18.60.030)
Any land use permit or approval issued by
the City, unless specifically categorized as a
Type 2, 3, 4, or 5 decision by this Chapter
Administrative Design Review 6
DECISION MAKER
Building Official
Public Works Director
Community Development
Director
Public Works Director
Community Development
Director
Community Development
Director
Community Development
Director
As specified by Ordinance
C. Type 2 decisions are decisions which are initially made by the Director or, in
certain cases, other City administrators or committees, but which are subject to an open
record appeal to the Hearing Examiner, Planning Commission, City Council, or, in the
case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to
RCW 90.58.
TYPE 2 DECISIONS
TYPE OF PERMIT
Administrative Design
Review (TMC 18.60.030)
Administrative Planned
Residential Development
(TMC 17.08.040)
Short Plat (TMC
17.08.060)
Binding Site
Improvement Plan (TMC
17.16)
Shoreline Substantial
Development Permit
(TMC Chapter 18.44)
Decision regarding
Sensitive Areas (except
Reasonable Use
Exception) (TMC
18.45.125)
Special Permission
Parking, and
Modifications to Certain
Parking Standards
(TMC 18.56.060 and .070)
Parking standard for use
not
Specified (TMC
18.56.100)
Code Interpretation
(TMC 18.90.010)
Special Permission Sign,
except "unique sign"
(various sections of TMC
Title 19)
Sign Permit Denial
(TMC 19.12)
Sign Area Increase
(TMC 19.32.140)
Administrative Design Review 7
INITIAL DECISION
MAKER
Community
Development Director
Short Plat Committee
Short Plat Committee
Short Plat Committee
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
APPEAL BODY
(open record appeal)
Board of Architectural
Review
Hearing Examiner
Hearing Examiner
Hearing Examiner
State Shoreline Hearings
Board
Planning Commission
City Council
City Council
Hearing Examiner
Planning Commission
Planning Commission
Planning Commission
D. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior
Court, except for shoreline variances that may be appealed to the State Shoreline
Hearings Board pursuant to RCW 90.58.
TYPE 3 DECISIONS
TYPE OF PERMIT
Variance (zoning, shoreline, sidewalk,
land alteration, sign)
Resolve uncertain zone district
boundary
E. Type 4 decisions are quasi judicial decisions made by the Board of Architectural
Review or the Planning Commission, following an open record hearing. Type 4
decisions may be appealed to the City Council, which will hold a closed record appeal
hearing based on the record established by the Board of Architectural Review or
Planning Commission, except Shoreline Conditional Use Permits, which are appealable
to the State Shoreline Hearings Board pursuant to RCW 90.58.
TYPE 4 DECISIONS
TYPE OF PERMIT
Shoreline Conditional Use
Permit (TMC 18.44.050)
Reasonable Use Exceptions
under Sensitive Areas
Ordinance (TMC 18.45.115)
Public Hearing Design
Review (TMC Chapter 18.60,
18.56.040 and Shoreline
Master Program)
Modifications to Certain
Parking Standards (TMC
Chapter 18.56.)
Conditional Use Permit
(TMC Chapter 18.64)
Unique Signs (TMC
19.28.010)
TYPE 5 DECISIONS
TYPE OF PERMIT
Subdivision Preliminary Plat
(TMC 17.12.020)
Subdivision Final Plat (TMC
17.12.030)
Planned Residential Development
(PRD), including Major Modifications
(TMC Chapter 18.46)
Unclassified Use (TMC Chapter 18.66)
Rezone (TMC Chapter 18.84)
Shoreline Environment Redesignation
(Shoreline Master Program)
Administrative Design Review 8
DECISION MAKER
Hearing Examiner
Hearing Examiner
INITIAL DECISION
MAKER
Planning Commission
Planning Commission
Board of Architectural
Review
Planning Commission
Planning Commission
Planning Commission
APPEAL BODY
(closed record appeal)
State Shorelines
Hearings Board
City Council
City Council
City Council
City Council
City Council
F. Type 5 decisions are quasi judicial decisions made by the City Council
following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
DECISION MAKER
City Council
City Council
City Council
City Council
City Council
City Council
Section 21. 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 22. 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 OF THE CITY OF T }(WILA, WASHINGTON,
at a Regular Meeting thereof this (-x zid- day of ;2 ty,4
2002.
ATTEST/ AUTHENTICATED:
e E. Cantu, CMC, City Clerk Filed with the City Clerk: ///2 74 2
Passed by the City Council:
APPROVED AS TO FORM BY: Published: �O�
Effective Date: 1 1 �r
Ordinance Number: 'G'o �S
ffice art l/City Attorney
Administrative Design Review 9
Steven M. Mullet, Mayor
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
1758, 1768, 1793, 1796, 1847, 1857, AND 1865 AS CODIFIED AT
CHAPTERS 18.12 18.14, 18.16, 18.18, 18.20, 18.22, 18.24, 18.26, 18.28,
18.30, 18.32, 18.34, 18.36, 18.38, 18.40, 18.60 AND 18.104 OF THE
TUKWILA MUNICIPAL CODE, TO ADD AN ADMINISTRATIVE
DESIGN REVIEW PROCESS; PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
On December 2, 2002, the City Council of the City of Tukwila passed
Ordinance No., 2005 implementing an administrative design review process for
smaller buildings, additions and remodels; revising the thresholds for design
review in the various districts and adding administrative design review to the
list of Type 2 Decisions; 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 December 2, 2002.
are E. Cantu, CMC, City Clerk
Published Seattle Times: December 6, 2002