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HomeMy WebLinkAboutReg 2005-08-01 COMPLETE AGENDA PACKET \1J11A, 11;4‘‘'‘ f J ti 9y Tukwila City Council Agenda N'ie� o Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez ti to Rhonda Berry, City Administrator Pam Carter Jim Haggerton Pamela Linder, Council President Dennis Robertson Dave Fenton REGULAR MEETING Monday, August 1, 2005 Ord. #2097 7:00 PM Res. #1584 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3 ROLL CALL 4. SPECIAL City Hall security system: Municipal Court Judge Kimberly Walden. PRESENTATION 5. PROCLAMATIONS/ Equity Diversity Commission. APPOINTMENTS Joan Hernandez.... Pos. #1 term expires 7/31/07 reappointment Falicia Green Pos. #2... term expires 7/31/07. reappointment Jonathan Joseph.... Pos. #3 term expires 7/31/07 reappointment Adrian Laigo........ Pos. #5 term expires 7 /31 /07 reappoinliiient Verna Griffin........ Pos. #7.. term expires 7/31/07... reappointment Emma Mercado Pos. #8 term expires 7/31/07 new appointment Byron Saunders Pos. #9 term expires 7/31/07 reappointment 6 CITIZEN At this time, you are invited to comment on items not included on COMMENT this agenda. To comment on an item included on this agenda, please save your comments until the issue is presented for discussion. 7. CONSENT a. Approval of Minutes July 18, 2005 (Regular Mtg AGENDA b. Approval of Vouchers c. Accept as complete the Green River Valley Signal Interconnect Project with Totem Electric of Tacoma, Inc.; authorize release of retainage subject to the standard claim and hen release procedures (Final contract cost: $189,798.37.) 8 BID AWARD Award a contract to Long Painting Co. in the amount of $55,056.77 for the High Performance Coating (painting) project of the Tukwila pool building (Award includes a 10% contingency and Washington State sales tax.) (Refer to 7/25/05 COW agenda packet.) (continued.. Regular Meeting August 1, 2005 Page 2 9. UNFINISHED a. Council motion approving the organizational restructure of BUSINESS the Police Department, resulting in the reclassification of the Police Lieutenant and Captain positions to Police Commander and Assistant Police Chief. (Refer to 7/25/05 COW agenda packet.) b. Authorize the Mayor to enter into a lease agreement with Timothy O'Brien (lessor) for lease of the property located at 14661 Tukwila International Boulevard (Neighborhood Resource Center) for the term of 18 months beginning August 1, 2005. (Refer to 7/25/05 COW agenda packet.) c. Authorize the Mayor to sign an interlocal agreement with King County regarding the Trans Valley Intelligent Transpor- tation System. (Refer to 7/25/05 COW agenda packet.) d. Zoning Code amendments. (1) An ordinance amending the Tukwila Municipal Code, clarifying and updating Zoning Code provisions defining manufactured housing, lot, site and use, and disallowing residential plats in commercial zones. (2) An ordinance amending the Zoning Code to allow manufactured housing, and imposing design standards on all smgle family dwellings 10. NEW BUSINESS 11. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 12. MISCELLANEOUS 13. EXECUTIVE SESSION 14. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office: 206-433-1800/MD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. CouNcIL AGENDA SYNOPSIS a ITEM No. J wg s 2'�, rta 1' 1 0 MatangDate 1 rd b1' I a1 s ie Pi ai FYI rn'ue�v Council ieue�u I 08/01/05 I so I M,r 1 7"66 1 1 1 ITEM INFORMATION CAS NUMBER 05-112 1 ORIGINAL AGENDA DATE: AUGUST 1, 2005 AGENDA ITEM TITLE Appointments to Equity Diversity Commission CATEGORY Diasswn Motion Resolution Ottlinan e BidAzza-rd Public Heanng Other MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate8/ 1 05 SPONSOR Coil Mayor AdmSus DCD Faun c Far Leal P& R Pdue PW SPONSOR'S Reappointments of Joan Hernandez #1); Falicia Green #2); Jonathan Joseph #3); SUMMARY Adrian_ Laigdr #5) Verna Griffin #7) and Byron Saunders #9) terms to expire 7/31/2007. Appointment of Emma Mercado to Position #8, term to expire 7/31/2007. REVIEWED BY 111 COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm Parks Comm. Planning Comm. DATE: RE COMMENDATIONS: SPONSOR/ADMIN. Confirm appointments COM 1vIIIIEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source Conatnents MTG. DATE RECORD OF COUNCIL ACTION 8/1/2005 MTG. DATE ATTACHMENTS 8/1/2005 Memo from Mayor to Council dated 7/13/2005. City of Tu/(V1/ila 6200 Southcenter Boulevard · Tukwila} Washington 98188 Steven M. Mullet} Mayor To' From: Re: Date: CIty Council Mayor Mullet 5>\-'"'''''' Reappointments to Equity and Diversity CommissIOn July 13, 2005 A number of positions on our Equity and DiversIty Commission have terms expiring at the end of this month. I am pleased that most of these Commissioners have indicated a wIllmgness to be reappomted. Position # 1 : Joan Hernandez - her new term will expire 7/31/2007. PositIOn #2: Falicia Green - her new term will expire 7/31/2007. PositIOn #3: Jonathan Joseph - his new term will expire 7/31/2007. PositIOn #5:. Adrian Laigo - his new term will expire 7/31/2007. POSItIOn #7: Vema Griffin - her new term will expire 7/31/2007. Position #8: Tracy Salas - has decided not to be reappomted. Attached to this memo you will find the application of Emma Mercado. Ms. Mercado is employed by Tukwila School District and has applied for this position. Her term would expire 7/31/2007. PositIOn #9: Byron Saunders - his new term will expire 7/31/2007. Unless I hear otherwise from members of the Council by July 26, I will be inviting these citizens to the Regular City Council Meeting on Monday, August 1,2005 to have these appointments and confirmed. Thank you. Iso encl. cf: Jane Cantu Lucy Lauterbach Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.ci.tukwila.wa.us City of Tukwila APPLICATION FOR APPOINTMENT [ wish to be considered for appoint..':lem co u1e foilm\t"ing board or commissLOn. o Arts Commission D Lodging Ta.x Advisory Cor..mittee D Parks Commission D Transit Advisory Commission D Human S2rvices Board D Plar.ning Commission D Civil Service Commission n Library Advisory Board n Sis~e.r Ory Committee o Community-Oriented Policing Citizens Ad'llsory Board D Economic Development Advisory Board S Equif:l[ and Diversity Commission D Ou~er: Name. b'l\rntA,J 111e,('/dclo 'Street Address: " I ~ Zip Code: Email Address: - Phone: .' Please check all that apply to you within the TukwiIa cicy limits: D Resident D Residential prop~rf:l[ owner D Renter o Business owner/manager fj' School district representative D High. school studerH Present Employer: T UJ:..L.tJ," lev 5du'rlff.. D ~<:;;\~ I~d- , ~ ~~uk{/er I'Yh'd(,(f t sr..k;<. Address: Lf&dg 6?1..-0fh ; LIt! Y-1t5!-. I LLKuJl/gJUi P~ot: ~!.-J't10 - 90 / - )f/h Hobbies/lmerests: t..tfl [ t Ic,-,ft- : f 'i-h " J i'v M Co; /. ',~ e..- 2/- ?0SLJ~ ~ Yes c=J No <{--1cL ~'f1li~ 0./- D'w0;fr, r.: {.1J-m-~' 5 ~: j Have you previously served on one of the Boards or commissions above? Please explain: r hL1)e- ~/l'l Ct \tY\.e..fbf- U F- Date available ror appointment: (<;s/ Signature: An applicanc's political posicion has no bearing on his/her appointment co a /1 " .:....l,vailabilicy is imporrant; a time commicmenc is required. '7-1'X..'rn..A.-/ 7/J;~ Cdl) Date. ,$j;ifts~ Please return completed/orm W: Office of the Mayor 6200 Southcenter Boulevard Tukwila, vVashington 98188 If you have questions regarding this applicacion or would like more information about arlY of the (lty's boards and commissions, please call the Mayor's Office at 433..1850 Co UNCIL AGENDA SiwosIs k s ��5 Irttttal� ITEM NO. 'k Meettn� Date Prepared by 1 Mapes revtew Council review +m a`..'_; 8/1/05 I BGl �'�f I r5 L. is) isoa 1 1 ITEM INFORMATION CAS NUMBER. 05-113 I ORIGINAL AGENDA DATE. AUGUST 1, 2005 AGENDA ITEM TITLE Accept as complete Green River Valley Signal Interconnect Project and release retainage. CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Heanng Other VItg Date iVItg Date Mtg Date Mtg Date Mtg Date rlltg Date iVItg Date: 8/1105 SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PTV SPONSOR'S The contract with Totem Electric of Tacoma, Inc. is complete for the Green River Valley SUMMARY Signal Interconnect Project. Construction began July 26, 2004 and was substantially completed on November 4, 2004. Five change orders totaled $23,648.39, yet the in -house construction management team saved over $28,000 in quantity underruns. The final contract total was $189,798.37. REVIEWED BY COW Mtg 111 CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 7/25/05 RECOMMENDATIONS: SPONSOR /ADMIN. Accept contract as complete and authorize release of retainage. COMMrrrEE Accept contract and forward to Consent agenda for approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $189,798.37 $214,395.50 Fund Source: 104.02 Commercial Streets Fund (page 51, 2005 CEP) Comments MTG. DATE 1 RECORD OF COUNCIL ACTION 1 1 8 /1/05 1 1 1 1 MTG. DATE I ATTACHMENTS 8/1/05 Information Memo dated July 21, 2005 Notice of Completion of Public Works Contract 04 -030 Transportation Committee Meeting Minutes from July 25, 2005 INFORJ.vlATION :MEMO To: From: Date: Subject: Mayor Mullet Public Works Director~ July 21, 2005 Green River Vallev Si211al Interconnect Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of retainage in the amount of $9,489.93. BACKGROUND The Notice to Proceed for Contract No. 04-030 with Totem Electric of Tacoma, Inc., of Tacoma, Washington, was issued on July 26, 2004, for the construction of Project No 92-RW01. This project provided the installation of approximately 30,200 linear feet of fiber optic cable, 14,100 linear feet of intercoIlllect communication cable, conduit, junction boxes, and other associated items. The installation of this equipment will allow (as part of the next phase) coordination of traffic signals on the W Valley Hwy and S 180th St corridors as well as future communication capabilities such as cameras. This contract was substantially completed on November 2, 2004. Five change orders were issued during the contract. Change Order No.3 was anticipated but was not executed. Unit price quantities were adjusted to reflect field changes, which allowed more direct conduit routing and less property disruption. This proactive field management throughout construction resulted in over $28,000 in savings to the City. The fmal contract cost is summarized as follows' Original Contract (without sales tax) Unit Price Quantity Underruns Change Order No. 1 Upgrade Fiber Optic on APE Change Order No.2 Minkler Blvd Addition Change Order No.3 Voided Change Order No.4 Install, Locate & Ground Wires at Sites 2 & 3 Change Order No.5 Splice Materials Sales Tax (N/A Rule 171) Total Amount Paid (incl. retainage) RECOMMENDATION $194,905 00 (28,755.02) 2,149.31 11,798.19 0.00 3,117,60 6,583.29 0.00 $189,798.37 It is recommended that this contract be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and authorize the release of retainage, subject to the standard claim and hen release procedures. MR:am attachment: Notice of Completion of Public Works Contract (p:Proje<ts\A- RW & RW Proje<ts\92RWOllInfu Memo CI=.lt Totem) ~ State of Washington VI'.... Department of Revenue '//Ao. PO Box 47474 REVENUE Olympia W A 98504-7474 Contractor's RegIstratIOn No. (UBI No) 278 043 550 Date 5/31/05 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: ~:0jf~~l~~{~~~~~~~~W' ,r:~ir~!i<<~jf~?: ~;~1~~~~~~'J~tWili~~~~JJ~(~~y~~tty}1l~- Assigned To City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned Notice is hereby given relative tf! the completion of contract or project described below Description of Contract Contract Number Green RIver Valley Signal Interconnect (Project 92-RW01) 04-030 Contractor's Name Telephone Number Totem ElectrIc of Tacoma, Inc. 253-383-5022 Contractor's Address P.O. Box 1093, Tacoma, WA 98401 Date Work Commenced Date Work Completed Date Work Accepted 7/26/04 11/2/04 Surety or Bonding Company Travelers Casualty & Surety Company of Amenca Agent's Address Hentschell & AssocIates, Inc., 621 PacIfic Ave. #400, Tacoma, W A 98402 Contract Amount $ 194,905.00 AddItIOns $+ 23,648.39 Reductions $- 28,755.02 Sub-Total $ 189,798.37 Amount of Sales Tax Paid at 0.0% $ 0.00 (Ifvarious rates apply, please send a breakdown.) TOTAL $ 189,798.37 LIqUIdated Damages $ 0.00 Amount DIsbursed Amount RetaIned $ $ 180,308.44 9,489.93 TOTAL $ 189,798.37 '."'."~~k{~frW~~u~ii,igrg#is~fi~\f1$it~1Jig~~*}{~~~~~~lt Comments: Sales Tax Rule 171 applIes. Finance Approval -c>\ ~ lj SIgnature Type or Pnnt Name DIane Jaber Phone Number 206-433-1871 The DIsburSIng Officer must complete and mail THREE copIes of thIS notIce to the Department of Revenue, PO Box 47474, OlympIa, W A 98504-7474, ImmedIately after acceptance of the work done under thIS contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certIficate, and then only In accordance WIth SaId certificate. To inquue about the availability of this document in an alternate format for the YIsually impaued, please call (360) 753-3217 Teletype (TTY) users please call (800) 451-7985 You may also access tax information on our Internet home page at http.l/dor\Va.goY REV 31 0020e (6-27-01) Transportation Committee July 25,2005 prtl~ Jim Haggerton; Chair, Joe Duffie, Pam Carter Jim Morrow, Frank Iriarte, Gail Labanara, Robin Tischmak * 1. Green River Valley Signal Interconnect Project Completion and Acceptance Totem Electnc completed the lllstallation of fiber optic cable with five change orders that upgraded the fiber to 36 strands and added the connection to Minkler Shops for the new Traffic Operations Center. Jim H asked if there was a standard fiber size and was told no, that 36 is a lot but Jim M told him we can not have more capacity than what is needed. Frank added that 36 strands seems large now, but in a few years it may not be enough capacity. This project had our in-house construction management team, which resulted in over $28,000 in savings. The project has been approved, and is ready for [mal acceptance. Recommend contract approval on consent agenda of a Regular Meeting. 2. Transportation Funding Update Pam Carter attended the Puget Sound Regional Council and obtained this packet on the Nickel Package and the new 2005 funding. The 2005 transportation funding has a chart ofthe gas tax progression through 2008 as well as the new weight fees and the increase in drivers' lIcense services as well as license plates. The average driver will be paying approximately $309.08 in gas taxes and state license fees in 2005. There is a description of how the funds will be distributed (for cities its based on population) and a listing of programs and projects. The majority of the King County funds will go towards safety and then congestion. The last page is a state by state comparison of fuel taxes and Washington is currently number 10 from the highest. Committee recommends forwarding to COW as information for the entire Council. Committee Chair approval_ Minutes by GL t 0UNGIL AGENDA SIWOPSIS J w ITEM No. =ot' ;2 I O O illeetw Date 1 Prepared by 1 Mayor's reuieni 1 Cory re ierw us 7/25/05 1 RS 1 1 1 r` rsos 1 1 1 1 ITEM INFORMATION CAS NUMBER. 05-108 I ORIGINAL AGENDA DATE: 07 -25 -05 AGENDAITEMTITLE Bid Award: Tukwila Pool High Performance Coating. CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other Dltg Date Mtg Date Mtg Date Mtg Date tl itg Date 8/1/05 tlltg Date litg Date 7125 /ni SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIV SPONSOR'S Award the High Performance Coating Bid (for the Tukwila Pool) to the lowest SUMMARY responsible bidder, Long Painting Co., in the amount of $50,051.61, (including WSST) plus a 10 contingency (in the amount of $5,005.16). REVIEWED BY 1 COW Mtg j CA &P Cmte 7 -12 -05 F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 7/12/05 (Info. only) Bids were opened on 7- 15 -05. RECOMMENDATIONS: SPONSOR /ADMIN Award Bid to the lowest responsible bidder, Long Painting Co. COMMP IEE Same as Sponsor ICOST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $55,056.77, $70,000 including contingency amt. Fund Source: Capital Improvement Program, 301.00.594.760.64.68 Comments: MTG. DATE I RECORD OF COUNCIL ACTION 7/25/05 Discussed at COW; forwarded to Reg. Mtg. for final action. MTG. DATE ATTACHMENTS 7/25/05 July 20, 2005 Memorandum Bid Award. CA &P minutes dated 7/12/05 8/1/05 No attachments. t 0UNCIL AGENDA Siwosis J; �;NtLA, Ivq',,, J'' `��s Initials ITEm No. Q a V 9i I Meeting Date I Prepared by Mayor's review Councitrpview 1 j`. j f° 07/25/05 1 vlj /sb /�/t- 6 1 -Ii� 08/01/05 1 6/ 0 19 ITEM INFORMATION CAS NUMBER. 05-111 I ORIGINAL AGENDA DATE. 7/25/05 I AGENDA ITEM TITLE Police Administration Organizational Review CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other 11Itg Date 7/25/05 Mtg Date 8/ 1/05 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S To approve the Police Administration reorganization to eliminate salary compression SUMMARY between classifications, to provide for higher level management capabilities, and come into alignment with comparable jurisdictions. REVIEWED BY COW Ivlt CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 7/18/05 RECOMMENDATIONS: SPONSOR /ADMIN. Approve reorganization as requested. COM I Hrl'EE Same as above COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $14,153 (estimated) $14, 153 (estimated) Fund Source: POLICE ADMINISTRATION LINE ITEM Comments. 000.10.521.100.11.0 MTG. DATE I RECORD OF COUNCIL ACTION 7/25/05 I Discuaged at COW; forwarded to Reg. Mtg. for final action. I MTG. DATE I ATTACHMENTS 7/25/05 Memorandum from Viki )essop to the City Council dated 7/20/05 Memorandum from Mayor Mullet to the Finance Safety Committee dated 7/14/05 New classification description for Police Commander 2005 Non represented salary schedule 2005 monthly salary structure for Police Administration 2005 Police Department Organizational Chart (Revised) I Finance and Safety Committee minutes dated 7/18/05 I 8/1/05 No attachments COUNCIL AGENLA SEVOPSIS �J 9 sy 5 Iiuttals ITEM NO. I �1 i y L� iVfeeting Date 1 Prepared by Mayor's review Cou tctlye4ew tk w) 07/25/05 I RAB 1 08/01/05 I 1 L I C rso's t I 1 1 1 1 ITEM INFORMATION CAS NUMBER. 05-109 I ORIGINAL AGENDA DATE. 7/25/05 AGENDA ITEM TITLE Lease agreement for Neighborhood Resource Center CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other Mtg Date 7/25 Mtg Date 8/1/0E rlltg Date Mtg Date Mtg Date Mtg Date Mtg Date (SPONSOR council Ma Adm Svcs DCD Finance Fire Legal P &R Police PIV SPONSOR'S New lease needed due to expiration of previous agreement. SUMMARY REVIEWED BY C4 COW Mtg 1/25/O$ CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E. 7/18/05 RECOMMENDATIONS: SPONSOR /ADmiN Discuss and forward to Regular Meeting for approval COMMITTEE Same COST IMPACT =I FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $16,800 annually $15,264.00 Fund Source Comments MT3. DATE I RECORD OF -COUNCIL ACTION 1 7 125/05 1 n;scuaaed at COW- forwarded to Rea. Mta. for final action. I I 1 MTG. DATE I ATTACHMENTS 7/25 I Memo from Mayor dated 7/20 Draft lease agreement Finance Safety Committee Minutes (draft) of 7/18/05 1 8/1/05 I No attachments. COUNCIL AGE i-LA SYNOPSIS o 1,1;ti' '1 Inrttals ITEM No. a I P1 L i --4 Z'Ieetcng Date I Prepared by Mayor's vnew Counnl�;evrew 4,111) w O 7/25/05 RT l 8/1/05 1 v I ITEM INFORMATION CAS NUMBER. 05-110 I ORIGINAL AGENDA DATE. JULY 25, 2005 AGENDA ITEM TITLE Interlocal Agreement with King County and the City of Renton regarding the Trans Valley Intelligent Transportation System (ITS) CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other Mtg Date Mtg Date 8/1/05 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: 7/25/05 SPONSOR Council Mayor Adrn Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S King County sponsored the grant funded Intelligent Transportation System (ITS) related SUMMARY to the S 180 St 43rd Ave S SE 176 St corridor. This Interlocal agreement with King County and the City of Renton transfers ownership of the traffic control equipment to the respective city, yet King County will operate and maintain the signals at County expense for the two year duration of the Interlocal agreement. (Interlocal will also need to be approved by Renton and KC Councils). REVIEWED BY Nl COW Mtgi 5105 CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 7/11/05 RECOMMENDATIONS: SPONSOR /ADMIN Authorize Mayor to sign Interlocal Agreement. COMMIfrLE Forward to COW and then Regular with approval. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 0.00 $0.00 Fund Source: Comments. I MTG. DATE I RECORD OF COUNCIL ACTION I 7/25/05 I Discussed at COW; forwarded to Reg. Mtg. for final action. 1 1 MTG. DATE 1 ATTACHMENTS 7/25/05 1 Information Memo dated July 7, 2005 1 1 Interlocal Agreement Transportation Committee Meeting Minutes from July 11, 2005 8/1/05 1 No attachments. Co UNCIL AGENDA SiwosIs y I m t ta l s ITEM No. vz P 1 1 tlleetzzio Date I Prepared by Mayor's review Council review '4 �N 6 I SL 1 7 -18 -05 SL rso 1 8 -1 -05 SW)) 1 1 r)/ 2 ITEM INFORMATION CAS NUMBER: 05-090 I ORIGINAL AGENDA DA1h: 6-13-05 AGENDA ITEM TITLE Zoning Code Amendments CATEGORY Discussion Motion Resolution X Ordinance Bzd Award ❑Public Heazzng Other ditg Date 6 -13 flits Date flltg Date Alt Date 8 -1 -05 flltg Date Mtg Date 7 -18 -05 Mtg Date SPONSOR Council Mayor Adm Svcs X DCD Finance Fire Legal P &R Police PIV SPONSOR'S A group of 9 Zoning Code amendments ranging from minor housekeeping or clarification SUMMARY to policy decisions about allowed uses and development standards. These have been split into two ordinances, one containing the manufactured home changes and the other containing the rest of the amendments. REVIEWED BY X COW Mtg X CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. X Planning Comm. DATE. 3- 10 -05, 5 -24 -05 (CA 4 -28 -05 (PC); 6 -13 -05 (COW); 7 -18 -05 (CC) RECOMMENDATIONS: SPONSOR /ADMIN. COvIIrrrEE Hold a hearing and adopt recommended changes COST IMPACT FUND SOURCE' EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments MTG. DATE 1 RECORD OF COUNCIL ACTION 6 -13 -05 I Discussed the proposed changes and set a hearing date of 7 -18 -05 7 -18 -05 I Held a public hearing and modified the ordinances 8 -1 -05 MTG. DATE 1 ATTACHMENTS 8 -1 -05 Staff Memo dated 7 -27 Attachment A Draft Manufactured /Modular Home Ordinance Attachment B Draft Ordinance for 8 other items 7 -18 -05 !Staff Memo Dated 7 -13 Attachment A Photos of Different Roof Pitches I Attachment B Draft Manufactured /Modular Home Ordinance Council Agenda Synopsis Page 2 Zoning Code Amendments Attachment C - Draft Ordinance for 8 other items 6-13-05 Staff Memo Dated 6-7-05 with Attachments 5-24-05 CAP Minutes 4-28-05 Planning Commission Minutes City of Tukwila Steven M. Mullet} Mayor Department of Community Development lVIElVIORANDUM Steve LancasteT; Director TO: Mayor Mullet City CouncIl L-V Steve Lancaster, DCD DIrector9 Proposed Code Amendments July 27,2005 FROM: RE: DATE: BACKGROUND On March loth Staff presented a group of Zomng Code amendments to the CAP. The topics ranged from mmor housekeeping or clanfication to policy deCISIOns about allowed uses and development standards. The Committee chose a preferred option for each topic. Staff then worked to translate this polIcy directIOn into code language and presented it to the Planning Commission at a public hearing on April2Sth. The Planmng CommIssion endorsed the CAP's recommendations for all Items except the new design standards to apply to all single family houses, includmg manufactured homes. The Commission did not want to reqmre that all new smgle-famIly houses have an attached garage, front door that faced the street or a minimum roof pitch of 5: 12. They did support a mmImum roof pitch requirement of3:12, wIth an exceptIOn process through the DCD DIrector for flat roofs on architecturally designed houses. The PC recommendatIOn was presented to CAP on May 24th. The Committee decided to reinstate their original design standards, however they wanted allow detached garages for alley accessed lots only. The proposal was then presented to the COW on June 13th. They discussed the single famIly design standards and set a publIc hearing for July lSth. No public comments were received at that hearing, however the Council opted to further modify the single family standards. Their recommendations were: a) A one car or larger garage (can be attached or detached); b) A front door facing the front yard setback for lots 40 feet or Wider; c) A minimum roof pItch of 5: 12. The ordmances have been modIfied to reflect these changes. REQUESTED ACTION ReVIew and adopt the draft ordmances. NG - I - 07i27i2005 8.48 AM Q"\CODEAMND\8-1 CC.DOC 6300 Southcenter Boulevard, Suite #100 · Tukwila} Washington 98188 · Phone: 206-431-367.0 8 Fax: 206-431-3665 illrn&~u AN ORDINA1'J"CE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1758, 1819 AND 1976 AND CHAPTERS 18.06, 18.50 AND 18.70 OF THE TUKWILA MUNICIPAL CODE, TO ALLOW MANUFACTURED HOUSING ANY\iVHERE SINGLE-FAMILY DyVELLINGS ARE PERMlTIED AND TO IMPOSE DESIGN STANDARDS ON ALL SINGLE-FAMILY DWELLINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila's development regulations should regularly be reviewed and updated as appropriate; and WHEREAS, under new State regulations manufactured and modular homes must be regulated similarly to stick built dwellings; and WHEREAS, design standards for single-family dwellings will help to preserve neighborhood quality; and WHEREAS, the City of Tukwila Planning Commission held a public hearing on the proposed amendments on April 28 and has recommended the adoption of certain Zoning Code changes; and WHEREAS, the City Council held a public hearing on the proposed amendments July 18, 2005, after proper notice; and WHEREAS, the City Council, after having received ~nd studied staff analysis and comments from members of the public, believes that certain amendments to the City's development regulations are necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUIGVILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1976 95 and Ordinance 1758 91 (part), as codified at TMC Chapter 18.06.255, are hereby amended to read as follows: 18.06.255 Dwelling, Single-Family "Single-family dwelling" means a building, modular home, or new manufactured home, designed to contain no more than one dwelling unit plus one accessory dwelling unit. Mobile Homes NGIkn 7/29/2005 Page 1 of 1 Section 2. Supplemental Development Standards, TMC Chapter 18.50, is hereby amended to add the follovving section. 18.50.050 Single-Family Dwelling Design Standards All new single-family dwellings, except those that are part of an approved Housing Options Demonstration Program, constructed under building permits submitted to the City after August 1, 2005, must: 1. be set upon a permanent foundation with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative; 2. if a manufactured home, be comprised of at least two fully-enclosed parallel sections, each of not less than 12 feet wide by 36 feet long; 3 be thermally equivalent to the State's energy code; 4. have a one-car or larger garage; 5 have the front door facing the front or second front yard, if the lot is at least 40 feet V\ride; 6 have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, vdth a minimum roof pitch of 5.12; and 7. have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber-cement siding, wood-composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. Section 3. Supplemental Development Standards, TMC Chapter 18.50, is hereby amended to add the following section: 18.50.055 Exception to Minimum Roof Pitch Requirement The minimum roof pitch of 5'12 required by 18.50 050 may be modified by the DCD Director as part of a Type 2 Special Permission application. The criteria for approval of the modification are as follows: ..:- .,- 1. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern). 2. If a flat roof is proposed, the top of the parapet may not exceed 25 feet lll. height. 3 If a sloped roof is proposed, it must have at least 24-inch eaves. 4. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. Section 4. Ordinance 1819 91 (part), as codified at TMC Chapter 18.70.055 (Mobile and Manufactured Homes), is hereby deleted in its entirety Mobile Homes NGlkn 7i2912005 Page 2 on Section 5. 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 6. Effective Date. This ordinance or a summary thereof shall be published in the official ne.wspaper 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 TUKvVILA, WASHINGTON, at a Regular Meeting thereof this day of , 2005 ATTEST! AUTHENTICATED' Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORIvl BY Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Office of the City Attorney .~ ::~.-. Mobile Homes NGIkn 7i29/2005 Page 3 of3 [IDrnffi~u AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDIN.AJ.'lCE NOS. 1758, 1768, 1770, 1774, 1796, 1814, 1816, 1830, 1847, 1857, 1865, 1954, 1971, 1974, 1976, 1986, 1991, 2005, 2021, 2066 AND 2084 AND CHAPTERS 18.06, 18.12, 18.14, 18.16, 18.18, 18.20, 18.22, 18.26, 18.28, 18.40, 18.46, 18.70 .AJ.'lD 18.104 OF THE TUKyVILA MUNICIPAL CODE, TO CLARIFY - AND UPDATE ZONING CODE PROVISIONS DEFINING MANUFACTURED HOUSING, LOT, SITE AND USE, DISALLOWING RESIDENTIAL PLATS IN COMMERCIAL ZONES, DEREGULATING CONDOMINIUM CONVERSIONS, ADDING AN EXPIRATION DEADLINE FOR INACTIVE PERMITS, ALLOWING KENNELS AS CONDITIONAL USES IN TUC, PROVIDING FOR ADMINISTRATNE PLANNED RESIDENTIAL DEVELOPMENTS AND CORRECTING CODE CITATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila's development regulations should regularly be reviewed and updated as appropriate; and \'\lHEREAS, the City recognizes that its definitions for "manufactured homes", "mobile homes", "lot" and "site" no longer correspond with State regulations, and WHEREAS, residential short plats are not consistent with the intent of commercial zones; and WHEREAS, condominium conversions are sufficiently regulated by State law and building codes so an unclassified use permit does not provide any additional benefit; and WHEREAS, permit processing efficiency would be improved by a mechanism to expire inactive permit applications; and WHEREAS, indoor kennels are an appropriate use in the Tukwila Urban Center; and WHEREAS, an administrative process for planned residential developments should be allowed for short plats and boundary line adjustments; and \'VHEREAS, the current definition of "use" is unclear and should be updated, and "VHE~EAS, there are several outdated or incorrect citations in the code that should be corrected, and Zoning Code amds-8 7-05 NGlkn 7/29/2005 Page 1 of 19 "WHEREAS, the City of Tuhvila Planning Commission held a public hearing on the proposed amendments on April 28 and has recommended the adoption of certain Zoning Code changes, and vVHEREAST the City Council held a public hearing on the proposed amendments July 18, 2005, after proper notice; and "WHEREAS, the City Council, after having received and studied staff analysis and comments from members of the public, believes that certain amendments to the City's development regulations are necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1758 31 (part), as codified at TMC Chapter 18 06.245, is hereby amended to read as follows: 18.06.245 Dwelling, Manufactured Home "Manufactured home dwelling" means a single-family dwelling required to be built in accordance with the regulations adopted under the national manufactured housing construction and safety standards act of 1974. Section 2. "Mobile Home" Defined. TMC Chapter 18.06, Definitions, is hereby amended to add the following section: 18.06.247 Dwelling, Mobile Home "Dwelling, Mobile Home" means a factory-built dwelling constructed before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 and acceptable under applicable State codes in effect at the time of construction or introduction of the home into this state. Section 3. Ordinance 1758 31 (part), as codified at TMC Chapter 18.06.500, is hereby amended to read as follows: 18.06.500 Lot A. "Lot" means a physically separate and distinct parcel of property which. 1 was created by plat, short plat, or binding site plan, or 2. was bought or sold as separately owned parcel of property prior to the requirement that lots be created by plat, short plat, or binding site plan, or 3 was created by a transaction which was exempt from the requirement that lots be created by plat, short plat or binding site plan. B "Lots" may be bought or sold as separate parcels of property, but the fact that a parcel of property is defined as a "lot" does not necessarily mean that it may developed as a separate building site. Section 4. "New Manufactured Home" Defined. TMC Chapter 18 06, Definitions, is hereby amended to add the following section. Zoning Code amds-8 7-05 NGlkn 7f29/2005 Page 2 of 19 18.06.587 New manufactured home "New manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45 032(2) Section 5. Ordinance 1758 §1 (part), as codified at TMC Chapter 18 06.780, is hereby amended to read as follows: 18.06.780 Site "Site" means any lot or group of adjoining lots, as defined in TMC 18 06.500, which are proposed as the location for a development, as defined in TMC 18.06.210, or for some other activity which requires a permit or approval pursuant to TMC titles 16,17 or 18 Section 6. Ordinance 1758 §1 (part), as codified at TMC Chapter 18.06.865, is hereby amended to read as follows: TMC 18.06.865 Use "Use" means the nature of the activities taking place on private property or within structures thereon. Sect 7. Ordinance 1865 §10, Ordinance 1816 §1, and Ordinance 1758 §1 (part), as codified at Section 18.12.050 of the Tukwila Municipal Code (Medium Density Residential), Unclassified Uses, are hereby amended to read as follows: 18.12.050 Unclassified Uses The following uses may be allowed within the Medium Density Residential district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Landfills and excavations that the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5 Sewage lift stations. 6. Water pump stations. 7 Mass transit facilities. 8 Other uses not specifically listed in this Title, which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use p uiit; b. Consistent with the stated purpose of the district; c. Consistent with the policies of the Tukwila Comprehensive Plan. Section 8. Ordinance 1865 §14, Ordinance 1816 §1, and Ordinance 1758 §1 (part), as codified at Section 18.14.050 of the Tukwila Municipal Code (High Density Residential), Unclassified Uses, are hereby amended to read as follows: 18.14.050 Unclassified Uses The following uses may be allowed within the High Density Residential district, subject to the requirements, procedures and conditions established by TMC Chapter 18 66, Unclassified Use Permits: Zoning Code amds -8 7 -05 NG /kn 7/29/2005 Page 3 of 19 1. Landfills and excavations that the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood storm,vater detention and treatment facilities. 3 Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5. Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title, \,duch the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b Consistent ,,'lith the stated purpose of the district; c. Consistent with the policies of the Tukwila Comprehensive Plan. Section.9. Ordinance 1986 95, Ordinance 1976 928, Ordinance 1971 &7, Ordinance 1830 &5, Ordinance 1814 &2, and Ordinance 1758 91 (part), as codified at Section 18.16020 of the Tukwila Municipal Code (Mixed-Use Office), Permitted Uses, are hereby amended to read as follmvs: 18.16.020 Permitted Uses The following uses are permitted outright within the Mixed-Use Office district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1 Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Billiard or pool rooms. 5. Brew pubs. 6. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 7. Computer software development and s~ar uses. 8 Convalescent and nursing homes for not more than 12 patients. 9 Day care centers. 10. Dwelling - One detached single-family dwelling per existing lot. 11. Dwelling - Multi-family units above office and retail uses. 12. Dwelling - Senior citizen housing as a free - standing use subject to additional requirements. 13 Financial, banking, mortgage, and other services. 14. Fraternal organizations. 15 Laundries: a. self service b dry-cleaning c. tailor, dyeing 16 Libraries, museums or art galleries (public). 17 Medical and dental laboratories. 18 Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. medical b dental c. government; excluding fire and police stations Zoning Code amds-8 7-05 NGlkn 7/29/2005 Page 4 of 19 d. professional e. administrative f. business, such as travel, real estate g. conunercial 19 Outpatient, inpatient; and emergency medical and dental conunercial services. -: 20 Public parks, trails, picnic areas and play - grounds but not including amusement parks, golf courses, or commercial recreation. 21. Recreation facilities (conunercial- indoor), athletic or health clubs. 22. Restaurants, including cocktail lounges in conjunction with a restaurant. 23 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies,~housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flmvers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 24. Retail sales as part of a planned mixed-use development, where at least 50% of gross leasable floor area development is for office use; no auto-oriented retail sales (e.g, drive-ins, service stations). 25 Schools and studios for education or self improvement. 26. Shelters. 27 Studios - art, photography, music, voice and dance. 28 Telephone exchanges. 29 Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. /;; Section 10. Ordinance 1865 917, Ordinance 1816 91, and Ordinance 1758 91 (part), as codified at Section 18.16050 of the Tukwila Municipal Code (Mixed-Use Office), Unclassified Uses, are hereby amended to read as follows: 18.16.050 Unclassified Uses The following uses may be allowed within the Mixed-Use Office district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits: 1. Landfills and excavations that the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 2. Neighborhood storrnwater detention and treatment facilities. 3. Stormwater pump stations. 4. '^later utility reservoirs and related facilities. 5 Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title, which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b Consistent with the stated purpose of the district; c. Consistent ,vith the policies of the Tukwila Comprehensive Plan. Section 11. Ordinance 1986 96, Ordinance 1976931, Ordinance 197188, Ordinance 1830 98, Ordinance 1814 32 (part), and Ordinance 1758 91 (part), as codified at Section 18.18020 of the Tuk\.vila Municipal Code (Office), Permitted Uses, are hereby amended to read as follows: Zoning Code amds-8 7-05 NG/kn 7/29/2005 Page 5 of 19 18.18.020 Permitted Uses The following uses are permitted outright within the Office dish'ict, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1 Beauty or baTber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer softvvaTe development and similaT uses. 5 Commercial PaTking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments aTe not negatively impacted by the paTking use, or b located at least 175 feet from adjacent aTterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 6 Convalescent and nursing homes for not more than 12 patients. 7 Day CaTe centers. 8. Dwelling - One detached single-family dwelling per existing lot. 9 Financial, banking, mortgage, other services. 10. Fraternal organizatioris. 11. Laundries: a. self service b. dry-cleaning c. tailor, dyeing 12. LibraTies, museums or aTt galleries. (public) 13 Medical and dental laboratories. 14. Offices, including: a. medical b dental c. government; excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 15 Outpatient, inpatient, and emergency medical and dental commercial services. -. .= 16 PaTks, trails, picnic aTe as and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 17 Recreation facilities (commercial- indoor)~_athletic or health clubs. 18 Restaurants, including cocktail lounges in conjunction with a restaurant. 19. Retail sales, as paTt of a planned mixed-use development where at least 50% of gross leasable floor aTea development is for office use; no auto-oriented retail sales (e.g., drive-ins, service stations). 20 Schools and studios for education or self-improvement. 21. Shelters. 22. Studios - aTt, photography, music, voice and dance. 23 Telephone exchanges. 24. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 12. Ordinance 1986 86, Ordinance 1976 831, Ordinance 1971 88, Ordinance 183088, Ordinance 1814 82 (PaTt), and Ordinance 1758131 (part), as Section 18.20 020 of the Tukwila :tvlunicipal Code (Residential Commercial Center), Permitted Uses, are hereby amended to read as follows: Zoning Code amds-8 7-05 NGikn 7i29i2005 Page 6 19 18.20.020 Permitted Uses The following uses are permitted outright within the Residential Commercial Center district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. .-" 1. Animal veterinary, including associated temporary indoor boarding; access to an artenal required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer sofnvare development and similar uses. 5 Day care centers. 6. Dwelling - One detached single-family dv,relling per existing lot. 7 Dwelling - Multi-family units above office and retail uses. 8. Fix-it, radio or television repair shops/ rental shops. 9 Greenhouses or nurseries (commercial) 10 Laundries: a. self service; b. dry cleaning; c. tailor, dyeing. 11. Offices, when such offices occupy no more than the first tv\'o stories of the building or basement and floor above, including: a. medical, b. dental, c. government; excluding fire and police stations; d. professional, e. administrative; f. business, such as travel, real estate, g. commercial. 12. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 13 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer elecl.J:onics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 14. Schools and studios for education or self-improvement. 15 Studios - art, photography, music, voice and dance. 16. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukvvila Comprehensive Plan. Section 13. Ordinance 1976 ~40, Ordinance 1954 &1, Ordinance 1830 sl1, Ordinance 1814 S2 (part), and Ordinance 1758 SI (part), as codified at Section 18.22.020 of the Tukwila Municipal Code (Neighborhood Commercial Center), Permitted Uses, are hereby amended to read as follows: 18.22.020 Permitted Uses The following uses are permitted outright within the Neighborhood Commercial Center district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. Zoning Code amds-8 7-05 NGlkn 7/29/2005 Page 7 of 19 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allo.wed, b washing; c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5 Brew pubs. 6. Bus stations. 7 Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and/ or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no qlaughtering); b pharmaceuticals and related products such as cosmetics and drugs, c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood, d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; :;":-' f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk-in basis, g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk-in basis and meeting the City's performance standards. 8. Cabinet shops or carpenter shops employing less than five people. 9 Computer software development and similar uses. 10. Convalescent and nursing homes for not more than 12 patients. 11. Day care centers. 12. Dwelling - One detached single-family dwelling per existing lot. 13. Dwelling - Multi-family units above office, and retail uses. 14. Financial: a. banking; b mortgage; c. other services. 15 Fix-it, radio or television repair shops/ rental shops. 16 Fraternal organizations. 17 Frozen food lockers for individual or family use. 18. Greenhouses or nurseries (commercial). 19. Laundries: a. self-serve; b. dry cleaning; c. tailor, dyeing. 20 Libraries, museums or art galleries (public) 21. Offices, when such offices occupy no more than the first tvvo stories of the building or basement and floor above, or three stories in the Urban Redevelopment Area along Tuk\^1ila International Boulevard, including: a. medical, b dental, c. government; excluding fire and police stations; d. professional, e. administrative; f. business, such as travel, real estate; g. commercial. Zoning Code amds-S 7-05 NG/kn 7/29/2005 Page 8 of 19 - 22. Outpatient, inpatient, and emergency medical and dental. 23 Parks, trails, picnic areas and playgrounds public) but not including amusement parks, golf courses, or commercial recreation. 24. Plumbing shops (no tin work or outside storage) 25 Recreation facilities (cornmercial- indoor), athletic or health clubs. 26. RestaurantS, including cocktail lounges in conjunction with a restaurant. 27 Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 28 Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 29 Schools and studios for education or self-improvement. 30. Studios - art, photography, music, voice and dance. 31. Telephone exchanges. 32. iTheaters, excluding "adult entertainment establishments", as defined by this Code. . 33 vVholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 34. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b consistent with the stated purpose of this district; and c. consistent with the policies of. the Tukwila Comprehensive Plan. Section 14. Ordinance 1991 83, Ordinance 1976 848, Ordinance 1865 833, Ordinance 1816 81, and Ordinance 1758 81 (part), as codified at Section 18.26.050 of the Tukwila Municipal Code (Regional Commercial Mixed-Use), Unclassified Uses, are hereby amended to read as follows: 18.26.050 Unclassified Uses The follmving uses may be allowed within the Regional Commercial Mixed Use district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66. 1. Essential public facilities, except those uses listed separately in any of the districts established by this title. 2. Hydroelectric and private utility power generating plants. 3 Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 4. Mass transit facilities. Section 15. Ordinance 2084 82, Ordinance 1865 834, Ordinance 1830 821 and Ordinance 1758 81 (part), as codified at Section 18.28.040 of the Tukwila Municipal Code (Tukwila Urban Center), Conditional Uses, are hereby amended to read as follows: 18.28.040 Conditional Uses The following uses may be allowed within the Tukwila Urban Center district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1 Amusement parks. 2. Bed-and-Breakfast lodging; must be located on property adjacent to andnot greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. ~: Zoning Code amds-8 7-05 NGlkn 7/29/2005 Page 9 of 19 3. Cemeteries and crematories. 4. Churches and community center buildings. 5 Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7 Dwelling -Multi-family units (max. 22.0 units/ acre except senior citizen housing which is allowed to 100 units/ acre, as a mixed-use development that is non- industrial in nature), must be located on property adjacent to and not greater than 500 feet from the Green River, Tub-vila Pond, or Minkler Pond. 8 Indoor animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit) 9 Transit-oriented development housing (which is allowed to 65 units/ acre as a mixed-use development that is non-industrial in nature), must be located on property adjacent to and not greater than one-quarter mile from the Sounder Commuter Rail/ Amtrak Station property 10. Drive-in theaters. 11. Electrical substations - distribution. 12. Fire and police stations. 13 Hospitals, sanitariums, or similar institutions. 14. Manufacturing, processing and/or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand-forging. 15 Park and ride lots. 16. Radios, television, microwave, cellular or observation stations and towers. 17 Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 18. Schools, preschool, elementary, junior or high schools, and equivalent private schools. '':'," Section 16. Ordinance 1991 84, Ordinance 1976 851, Ordinance 1865 835, Ordinance 1816 81, and Ordinance 1758 81 (part), as codified at Section 18.28.050 of the Tukwila Municipal Code (Tukwila Urban Center), Unclassified Uses, are hereby amended to read as follmvs: 18.28.050 Unclassified Uses The following uses may be allowed within the Tukwila Urban Center district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Essential public facilities, except those uses listed separately in any of the districts established by this title. 3 Hydroelectric and private utility power generating plants. 4. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 5. Mass transit facilities. Section 17. Ordinance 2021 810, Ordinance 1986 815, Ordinance 1974 811, Ordinance 1971 817, Ordinance 1830 825, Ordinance 1814 82, Ordinance 1774 85, and Ordinance 1758 81 (part), as codified at Section 1840.020 of the Tukwila Municipal Code (Tukvvila Valley South), Permitted Uses, are hereby amended to read as follows: Zoning Code amds-8 7-05 NGlkn 7/2912005 Page 10 of 19 18.40.020 Permitted Uses The following uses are permitted outright within the Tuhvila Valley South dish"ict, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1 Adult entertainment establishments are permitted, subject to the following locahon resh'ictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or ruc zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elem~ntary, junior or senior high schools, or any facility owned or operated by su'ch schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library b. The distances specified in TMC 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allmved to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor bocu:ding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed, b washing; c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7 Billiard or pool rooms. 8 Brew pubs. 9 Bus stations. 10 Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking subject to TMC Chapter 18.56, "Off-Street Parking and Loading Regulations." 13 Computer software development and similar uses. 14. Contractor's storage yards. 15 Convalescent and nursing homes for not more than twelve patients. 16 Convention facilities. 17 Day care centers. 18 Dwelling - One detached single-family unit per existing lot (includes factory built or modular home that meets UBC) 19 Farming and farm-related activities. Zoning Code amds-8 7-05 NGlkn 7/29i2005 Page 11 of 19 20 Financial. a. banking; b mortgage; c. other services. 21. Fix-it, radio or television repair shops/ rental shops. 22. Fraternal organizations. 23 Frozen food lockers for individual or family use. 24. Greenhouses or nurseries (commercial). 25 Hea.....'Y equipment repair and salvage. 26 Hotels. 27 Industries involved with etching, film processing, lithography, printing, and publishing. 28 lnternet data/telecommunication centers. 29 Laundries: a. self-serve; b dry cleaning; c. tailor, dyeing. 30 Libraries, museums or art galleries (public). 31. Manufacturing, processing and/ or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted) 32. Manufacturin~ processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 33 Manufacturing, processing, and/ or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing.. fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 34. Manufacturing, processing.. assembling.. packaging and/ or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37 Motels. 38. Offices, including: a. medical, b dental, c. government; excluding fire and police stations; d. professional, e. administrative; f. business, such as travel, real estate, g. commercial. 39. Outpatient, inpatient, and emergency medical and dental. 40. Pawnbrokers. 41 Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43 Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 44. Railroad tracks, (inc1udinglead, spur, loading or storage). 45 Recreation facilities (commercial- indoor), athletic or health clubs. 46. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 47 Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and certain trucks) 48 Rental of conunercial trucks and fleet rentals requiring a conunercial driver's license. .: Zoning Code amds-8 7-05 NGIkn 7/29/2005 Page 12 of 19 49 Restaurants, including: a. drive-through, b sit down, c. cocktail lounges in conjunction v,,Iith a restaurant. 50 Retail sales of health and beauty aids, prescription drugs, food, hardv\Tare, notions, crafts and craft supplies, housewares, consumer elech'onics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 51 Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 52. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 53 Salvage and wrecking operations that are entirely enclosed within a building. 54. pchools and studios for education or self-improvement. 55. Self-storage facilities. 56 Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 57 Studios - art, photography, music, voice and dance. 58 Taverns, nightclubs. 59 Telephone exchanges. 60. Theaters, excluding" adult entertainment establishments", as defined by this Code. 61. Tow truck operations, subject to all additional State and local regulations. 62. Truck terminals. 63. Warehouse storage and/ or wholesale distribution facilities. 64. Other uses not specifically listed in this title, which the Director detennines to be: a. similar in nature to and compatible with other uses permitted OUh'ight within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 18. Ordinance 1770 829 and Ordinance 1758 81 (part), as codified at Section 1846.110 of the Tukwila Municipal Code, are hereby amended to read as follows: 18.46.110 Application Procedure Required for PRD Approval A. Filing of Application. Application for approval of the PRD shall be made on forms prescribed by the DCD and shall be accompanied by a filing fee as required in the Application Fees chapter of this title and by the following: .:;: 1. Justification for the density increases, or lot size and setback reductions, if requested by the applicant; 2. Program for development including staging or timing of development; 3. Proposed mvnership pattern upon completion of the project; 4. Basic content of any restrictive covenants, 5 Provisions to assure permanence and maintenance of common open space through a homemvners' association, or similar association, condominium development or other means acceptable to the City; 6 An application for rezone may be submitted with the PRD application if rezoning is necessary for proposed density Fees for rezone request shall be in addition to those of the PRD application, Zoning Code amds-8 7-05 NGlkn 7/29/2005 Page 13 of 19 7 An application for preliminary plat may be submitted with the PRD application, if necessary Fees for the subdivision shall be in addition to those of the PRD application, 8. Graphic images of development in any sensitive area or buffer, including photomontage or computer-generated perspectives in a standardized format required by the Director; 9 Every reasonable effort shall be made to preserve existing trees and vegetation and integrate them into the subdivision's design by preparing a tr'ee inventory of the significant vegetation on-site as part of the preliminary plat application. A tree and vegetation retention/removal plan shall be part of any preliminary plat application. Such tree and vegetation retention/removal plan shall assure the preservation of significant trees and vegetation. B City Council Public Hearing. 1. ['RD's related to a subdivision or design review permit shall be processed as Type 5 decisions, pursuant to TMC 18.108.050 PRD's related to short plats, boundary line adjustments or binding site improvement plans shall be processed as Type 2 decisions, pursuant to TMC 18 108.020. 2. The PRD shall be an exception to the regulations of the underlying zoning district. The PRD shall constitute a limitation on the use and design of the site unless modified by ordinance. Section 19. Ordinance 1758 81 (part), as codified at Section 1846.120 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.46.120 Application procedures for Building Permit The following procedures are required for approval of construction for the proposed planned residential development: 1. Time Limitation. A complete application for the initial building permit shall be filed by the applicant within twelve months of the date on which the City Council approved the PRD An extension of time for submitting an application may be requested in writing by the applicant, and an extension not exceeding six months may be granted by the Director If application for the initial building permit is not made within twelve months or within the time for which an extension has been granted, the plan shall be considered abandoned, and the development of the property shall be subject to the requirements and limitations of the underlying zone and the subdivision code. 2. Application. Application for building permit shall be made on forms prescribed by the DCD and shall be accompanied by a fee as prescribed by the building code. 3. Documentation Required. All schematic plans either presented or required in the approved PRD plans shall be included in the building permit application presented in finalized, detailed form. hese plans shall include but are not limited to landscape, utility, open space, circulation, and site or subdivision plans. Final plats and public dedication documents must be approved by the City Council before the issuance of any building permits. 4. Sureties Required for Staging If the PRD is to be developed in stages, sureties or other security device as shall be approved by the City Attorney shall be required for the complete PRD. The various stages or parts of the PRD shall provide the same proportion of open space and the same overall dwelling unit density as provided in the final plan. 5 DeD Action. The DCD shall determine .whether the project plans submitted with the building permit are in compliance with and cany out the objectives of the approved PRD Zoning Code amds-8 7-05 NGikn 7i29i2005 Page 14 of 19 Section 20. Ordinance 1770 831 and Ordinance 1758 81 (part), as codified at Section 18.46140 of the Tukvvila Municipal Code, are hereby amended to read as follows: 18.46.140 Expiration of Time Limits Construction of improvements in the PRD shall begin within six months from the date of the issuance of the building/development permit. An extension of time for beginning construction may be requested in writing by the applicant, and such extension not exceeding six months may be granted by the Department upon showing of good cause. If construction does not occur \-vithin 12 months from the date of permit issuance or if this permit expires the plan shall be considered abandoned, and the development of the property shall be subject to the requirements and limitations of the underlying zone and the Subdivision Code. Section 2i. Ordinance 1819 81 (part), as codified at Section 18.70.030 of the Tukwila Municipal Code, is hereby completely replaced with the following language: 8.70.030 Substandard Lots A. A lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional standards for the zone in which it is located may still be developed as a separate lot if the proposed use is one which is permitted in the zone and the proposed development can comply with the requirements of this title regarding basic development standards for the applicable zone aJ.1.d other applicable land use and environmental requirements. B A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards for the applicable zone and other applicable land use and environmental requirements may be developed only if it is combined with adjacent lot(s) in a manner which allows the combined lots to be developed in a manner which does comply with the basic development standards for the applicable zone and other applicable land use and environmental requirements. In the event lots are combined in order to comply with the requirements of this subsection, a boundary line adjustment shall occur so that the combined lots are henceforth considered a single lot. .:. C. Nothing in this subsection shall be deemed to prevent the owner of a sub- standard lot from applying for or receiving approval of variances pursuant to TMC Ch. 18.72. Section 22. Ordinance 2066 82, Ordinance 2005 820, Ordinance 1857 87, OrdinaJ.1.Ce 1847 82, Ordinance 1796 83, Ordinance 1768 82(part), as codified at Section 18.104.010 of the Tukwila Municipal Code, are 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. Zoning Code amds-8 7-05 NGlkn 7/29/2005 Page 15 of 19 TYPE 1 DECISIONS TYPE OF PERMIT Development Permit Sign Permit except for those sign permits specifically requiring approval of the Planning Commission or denials of si ermits which are a ealable Boundary Line Adjustment, including Lot Consolidation TMC 17 08 Minor Modification to PRD (TMC 18.46.130 j Minor modification to BAR approved : design (TMC 18.60 030) I Any land use p~rmit or approval I issued by the City, unless specifically I categorized as a Type 2, 3, 4, or 5 , decision bv this Cha ter DECISlON IvlAKER Building Official Community Development Director i i I I I I Community Development Director I I I Community Development Director ! I Community Development Director i I I . . 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 INITIAL I TYPE OF PERl\1IT DECISION MAKER i Administrative Design Review Community I (TMC 18.60.030) I Development Director i Administrative Planned ' Short Plat Committee J I Residential Development ! (TMC 18.46 1 Short Plat I MC1712 ! Binding Site Improvement I Plan I TMC Cha 1716 i Shoreline Substantial ,i Development Permit TMC Cha ter 18.44 I Decision regarding I Sensitive Areas 'I. (except Reasonable Use Exce tion MC 18.45 Special Permission Parking, and Shared, Covenant or ! Complimentary Parking TMC 18.56.065 and 070 Parking standard for use not specified (TMC 18.56.100) Code Interpretation (TMC 18.90 010) Short Plat Committee Short Plat Committee Community Development Director I Community I Development Director Community I Development Director , I I Community i Development Director I Community 1 Development Director i Hearing Examiner State Shoreline Hearings Board Planning Commission City Council City Council I H,armg Exomin" Zoning Code amds-8 7-05 NG/kn 7/29/2005 Page 16 of 19 I Community I Development Director ! I Community I i Development Director I Community . Development Director I Planning Commi"ion 1 i j Planning Commission I I Planning Commission ! Special Permission Sign, . except" unique sign" i (various sections of : TMCTitle19) ; Sign Permit Denial 1 (TMC Chapter 19.12.020) Sign Area lncrease (TMC 19.32.140) 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 PERJl.1IT Variance (ZOnIDg, shoreline, sidewalk, land alteration, si Resolve uncertain zone district boundary i DECISION MAKER I Hearing Examiner Hearing Examiner 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 INITIAL APPEAL BODY TYPE OF PERMIT DECISION (closed record MAKER a eal Shoreline Conditional I Planning State Shorelines I Use Permit I Commission Hearings Board ! TMC 18 44.050 I I I Reasonable Use I Plmming City Council i Exceptions under Commission I Sensitive Areas I Ordinance I ' TMC 18.45.180 I Public Hearing Design Board of I City Council [ Review (TMC Chapter Architectural 1'8.60, 18.56.040 and I Review I Shoreline Master . Pro am I I I Variance from Parking Planning City Council Standards Over 10% Commission I (TMC 18.56.140) I Modification or Waiver Planning I City Council I to Loading Zone or Commission I Bicycle Parking Requirements (TMC I 18.56.060 or 130) ! Conditional Use Permit I Planning I City Council I (TMC Cha ter 18.64) I Commission I Unique Signs Planning i City Council ! (TMC 19.28.010) I Commission Zoning Code amds-8 7-05 NGIkn 7/2912005 Page 17 of 19 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. TYPE 5 DECISIONS TYPE OF PERMIT I DECISION I MAKER I City Council I I City Council J I City Council I I City Council I City Council I City Council City Council Section 23. Ordinance 1768 s2(part), as codified at Section 18.104.130 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.104.130 Time Periods for Permit Issuance A. Final decisions by the City on all permits shall be issued within 120 days from the date the applicant is notified by the Department that the application is complete. The following periods shall be excluded from this 120-day period. 1. Any period of time during which the applicant has been requested by any City department, agency or hearing body with jurisdiction over some aspect of the application to correct plans, perform required studies, or provide additional information. The period shall be calculated from the date the applicant is notified of the need for additional information until the earlier of (a) the date the department, agency or hearing body determines whether the additional information satisfies the request, or (b) 14 days after the date the information has been provided to the department, agency or hearing body If the department, agency or hearing body determines that the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. If the applicant fails to provide a requested correction or additional information 'within 90 days of the request the Department may cancel the application due to inactivity 2. The period of time during which an envn:orunental impact statement is being prepared folIowing a determination of significance pursuant to RCW 43.21C. 3 A period of no more than 90 days for an open record appeal hearing on a Type 2 land use decision, and no more than 60 days for a closed record appeal on a Type 4 land use decision appealable to the City Council. 4. Any additional time period for administrative review agreed upon by the Department and the applicant. 5 Any additional time period agreed upon by the Deparhnent, the applicant and any parties to an appeal. 6. Any period of time during which an applicant fails to post the property, if permit processing is suspended by the Department pursuant to TMC 18104.110 Zoning Code amds-8 7-05 NG/kn 7/29/2005 Page l8 of 19 B The time limits established in this section shall not apply if a project permit application requires an amendment to the comprehensive plan or a development regulation. C. The time limitations established in this section shall not apply to street vacations or other approvals related to the use of public areas or facilities issued pursuant to TMC Title 11 D If a final decision cannot be issued within the time limits established by this section, the Department shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision. Section 24. Severability. If any section, subsection, paragraph, sentence, clause or phrase of th~s 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 25. 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 TUKWlLA, W ASHlNGTON, at a Regular Meeting thereof this day of , 2005 ATTEST/ AUTHENTICATED' Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed ,vith the City Clerk: APPROVED AS TO FOR1Vf BY Passed by the City Council. Published. Effective Date: Office of the City Attorney Ordinance Number Zoning Code amds-8 7-05 NGikn 7/2912005 Page 19 of 19 Tentative Agenda Schedule - MONTH MEETING1- MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.w. REGULAR C.O.W. August 1 8 15 22 29'/1- SpeCIal PresentatIon. Fifth Monday See agenda packet - Oath of office to CeIth Cullens, of the month- cover sheet for this TukwIla PolIce 8/22/05 COMMITTEE no Council week's agenda Department. OF THE WHOLE meeting (August 1, 2005 MEETING TO BE scheduled Regular 1vleeting) - PresentatIOn of FOLLOWED BY A PolIce Department SPECIAL MEETING DIstmgUIshed ServIce Medal to Officer Brendan Kerm. Aug. 25 (Thurs.) Special Meeting (Jomt Council/ Planmng C011l11l1SS101l work sesslOn) 5:00-8:00 PM Council Chambers Unfimshed Busmess TransportatIOn element. Sept. 6 (Tuesday) 12 19 26 -1/1 Proclamation: ) - Labor Day Proclamation (City offices designatmg Saturday, closed) September 24, 2005, as the annual "Mayor's Day of Concern for the Hungry " October 3 10 17 24 30'/1- Return to standard time 31""- Fifth Monday of the month- no Council meeting scheduled Ist (Monday) >- Finance & Safety Cmte, 5:00 I'~vl (CR #3) >- City Council Regular Mtg., 7'00 I'M (Council Chambers) 8th (Monda ) >- Transportation Cmte, 5:00 PM (CR #1) >- Civil Service Commission, 5:00 PM (CR #3) >- City Council Committee of the Whole Mtg., 7'00 PM (Council Chambers) Upcoming Meetings & Events AUGUST 2005 1 2nd (Tuesday) >- Chamber of Commerce Gov't. & Community Affairs Cmte., 12:00 NOON (Chamber Office) >- Utilities Cmte CANCELLED .,. Arts Commission, 5:00 PM (Community Center) National Night Out Against Crime P Ian a neighborhood event! Call Robbie Burns (Police Dept.) at 206-242-8084 or e-mail rbums@ci.tukwila.wa.us >- Library Advisory Board, 7:00 PM (Foster Library) >- Highway 99 Action Cmte, 7:00 PM (Community Center) . 3rd (Wednesday) Farmers iHarket is open in Tukwila! 14300 Tukwila 1m'!. Blvd. (across from Larry's lvJarket) Every Wednesday (now through Aug. 31) 3:00 to 7:00 PM "lHusic in the Park" FREE! 6:30 -7:30 PM Cascade View Community Park (142/1 37th Ave. SJ This week's concert features Annie Rapid. 14th (Thursdav) .,. Equity & Diversity Commission, 5.15 P~l (Showalter Middle School Library) PUBLIC MEETING Link Light Rail Construction Update 5.30 PM Foster Library g Court 10th Nednesdav) 11th (fhursda .) Farmers IHarket 14300 Tul.'wi/aInt'I. Blvd (across from Larry's tvJarket) Every Wednesday (now through Aug. 31) 3:00 to 7:00 PM gr, "', ~ ~;) '"^ l31~\-i=1Jfil ')~1'~-~">-' W~':-.J~~~~ ....---.':---\:'>,--'~~<'" ~~.~gJ~-111 I Sth (Friday) 1 Summer Feast fund raising event to benefit the Tukwila Food Pantry 16th (Sat.) ~ 01;1 ~~ ~~ 6:00 PM (Tukwila Community Center) Tickets are S25.00 per person. Call 431-8293 for more information. 'Ihank. you. 12th .(Fridav) 13th Sat.) >- Human Services Advisory Board, 10:00 A,"l (Human Services Office) "IHusic in the Park" FREE! 6.30 - 7:30 PM Cascade View Community Park (14211 37th Ave. S.) This week's concert features Kim Virant. >- Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206-243-6506. ? Arts Commission: 1st Tues., 5:00 PM. TUh.'Wila Community Center. Contact Kimberly Matej at 206-767-2342. >- Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon. Chamber Offices. Contact Nancy Damon at 206-575-1633. > Chipper Days, sponsored by the Wash. State Dep!. of Agriculture: 3rd Sat., 10:00 AM to 1 :00 P:\cl. Foster HS Main Parkin!! Lot. >- City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 pm, Council Chambers at City Hall. >- City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM. Council Chambers at City Hall. >- Civil Service Commission: 2nd Mon., 5:00 PM. Conf. Room #3 Contact Bev Willison at 206-433-1844 >- Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM. Conf. Room #3. .,. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM. Conf. Rm #5 Marja Murray (206-433-7175). >-Crime Hot Spots Task Force: 3rd Wed., 10:00 A,"l. Conf. Room #5. Contact Marja Murray at 206-433-7175. >- Domestic Violence Task Force: 3rd Thurs., 12:00 Noon. Coni Room #5 Contact Evie Boykan or Stacy Hansen at 206-433-7180. >- Equity & Diversity Commission. 1st Thurs., 5.15 1'\1. Showalter Middle School Library Contact Lucy Lauterbach at 206-433-1834 >- Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM. Conf. Room #3. Agenda items for 8/1/05 meeting: (A) Financial policies and budget update. ,. Highway 99 Action Committee: 2nd Tues., 7:00 PM. Tukwila Community Center. Contact Chief Dave Haynes at 206-433-1812. >-Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM. Human Services Office. Contact Evie Boykan at 206-433-7180. >- Human Services Providers: 11.30 AM. TCC. (tentative schedule: 3/18. 6/17. 9/16. 12/2). Contact Stacy Hansen at 206-433-7181 >- Library Advisory Board: 2nd Tues., 7:00 PM. Foster Library Contact Bruce Fletcher at 206-767-2343 >- Parks Commission: 3rd Wed., 5.30 PM. Senior Game Room at Community Center Contact Kimberly Matej at 206-767-2342. ;.. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov & Dec., 7:00 P:-.l. Council Chambers at Citv Hall. Contact Wynella Bivens at 206-43 1-3670. >-Transportation Committee: 2nd & 4th Mon., 5:00 pM..Conf. Room #1 >- Utilities Committee: 1st & 3rd Tues., 5:00 1'\.1. Conf. Room #1 8/2/05 meeting cancelled. ~ Court = Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).