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HomeMy WebLinkAboutCAP 2009-05-11 COMPLETE AGENDA PACKET Distribution: M. Hart Pace City of Tukwila V. Griffin S. Hunstock D. Speck Community Affairs Duffle Je s R. Still K. Hougardy S. Kerslake B. Arthur J J. Hernandez K. Kertzman C. Parrish Parks Committee D. Robertson G. Labanara K. Narog(cover) Mayor Haggerton K. Matej S. Kirby(email) �r O Verna Griffin, Chair R. Berry M. Miotke S. Norris(email) O Joe Duffle E. Boykan C. O'Flaherly M. Dhaliwal O Kathy Hougardy B• Fletcher N. Olivas AGENDA MONDAY, MAY 11, 2009,,5:00 PM Conference Room #3 ITEM RECOMMENDED ACTION Page 1. PRESENTATION(S) 2. BUSINESS AGENDA Housekeeping Code Amendments; Forward to Planning Commission Pg.1 Minnie Dhaliwal, Planning Supervisor, for further review. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, May 26, 2009 (Monday is a holiday) The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206- 433 -1800 for assistance. PROPOSED CHANGES City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and P ks Committee FROM: Jack Pace, DCD Director DATE: May 7, 2009 V SUBJECT: Proposed Housekeeping Code Amendments b) Establish an Administrative Conditional Use permit if the maximum number of attendees is limited to 40. c) Do not change the code and require a Conditional Use Permit for all religious institutions regardless of the size or the number of attendees. 2. Update the landscaping chapter to add clarity and help streamline permits: Jim Haggerton, Mayor ISSUE Should the Zoning and Subdivision Codes be amended to include some housekeeping items? BACKGROUND Staff has grouped amendments to the Zoning and Subdivision Codes together for your consideration. The topics range from minor housekeeping or clarification to policy decisions about allowed uses and development standards. The process for these code amendments includes a briefing to the Community Affairs and Parks (CAP) Committee who would then forward some or all of the amendments to the Planning Commission to review in detail. Staff would then bring the Planning Commission's recommendations back to CAP and then the full Council. Included in this memo is a list of the proposed amendments with a brief explanation. 1. Churches are listed as Conditional Uses in a number of zones. It has come to City's attention that there may be about thirty small churches that are located in multi- tenant commercial buildings without a Conditional Use Permit approval. First the Zoning Code needs to be amended to include a broader definition of religious institution that would include churches as well as synagogues, mosques etc. Further there are three policy options on what process to use to approve a religious institution: a) Establish some thresholds for religious institutions that could be permitted outright; or a) There are landscaping standards for commercial and multifamily zones, but there are no standards for institutional uses in Low Density Residential (LDR) zone. Staff is recommending perimeter and interior parking lot landscaping standards similar to Medium Density Residential (MDR) zone for institutional uses in LDR zone. INFORMATIONAL MEMO Page 2 b) Add specifications for plant materials and soil in the code. These would include that plants meet the current American Standard for Nursery Stock, be healthy, free from damage and habituated to outdoor environmental conditions. Also, no plants listed on the King County Noxious Weed list may be used. Specification will also include that appropriate plant materials be selected taking into account final plant size, overhead power lines, and shade or sun exposure. Also, new specifications for site preparation such as requirement for organic material to a depth of 18 inches and mulching shall be included. 3. Update the Permit Application Types and Procedures section of TMC: a) The procedures related to Notice of Application and Notice of Hearing could be updated to eliminate the 8'/z "x11" site plan requirement so that more mailings could be done with a postcard. This would help the city save mailing costs, paper and administrative time. Also, references to First Class mailing could be revised to add a provision that email notification and web site updates can substitute for large mailings where the parties of record were informed about this form of notification and they elected to receive information electronically. b) TMC 18.104.060 lists requirements needed to determine if an application is complete. There are some minor revisions needed to reflect the current practices such as instead of providing mailing labels the applicant may choose to pay the City per the land use fee schedule to generate mailing labels. c) The appeal body for a number of closed record appeals of land use decisions is listed as City Council. Since a closed record appeal is a legal evaluation and not a policy decision, it may be prudent to change the appeal body to the Hearing Examiner. d) Preliminary approval for a subdivision (more than nine lots) is made by the Planning Commission and the Final Subdivision approval is made by the City Council. Since the Final approval is made after all of the infrastructure is in place, the review is limited to determining if all the conditions of Preliminary Approval have been met. Having different decision makers for different stages of the project could be problematic. e) The thresholds for when design review is required in LDR, MDR and HDR zones need to be clarified. It needs to be clearly stated that single family residences are exempt. The code states that all multifamily is required to go through design review. However there are no thresholds for remodels or renovations of multi family developments. f) Add an expiration date to Binding Site Improvement Plans similar to Short Plat or Boundary Line Adjustment applications. g) Parking Determination for City Parks is to be made by the Planning Commission, however it is not listed as Type of Permit and no appeal body is listed. h) Refine Comprehensive Plan Amendment and rezone procedures to separate the legislative and associated quasi judicial process. INFORMATIONAL MEMO Page 3 4. Other miscellaneous code amendments: a) Paving requirements for parking are spread in three different areas of the code Parking Chapter of the Zoning Code, TMC 8.25 Vehicle Storage and Parking and the Infrastructure and Design Manual that is administered by Public Works. All three areas need to cross reference and be consistent. Also, regulations for parking in the rear setback of a single family home need to make an exception for situations where the parking is connected to a rear alley. b) Utility extensions and private road access requirements for Boundary Line Adjustments need to be similar to those of a Short Plat when BLA is used as a mechanism to reorient the lot lines to create new building sites. c) Mixed Use Office zone listed the maximum height as 3 stories or 45 feet. Most of other zones have a requirement of either 3 stories /35 feet or 4 stories /45 feet. d) TMC 18.52.070 lists the recycling storage space for multifamily residences as 1 1/2 sq. ft. per unit. This requirement needs to be updated due to renewed emphasis on recycling. e) Garages, sheds and greenhouses are listed as accessory uses in residential zone. There are size limitations of 1500 for a garage and 1000 feet greenhouses /sheds. Since these uses are listed as accessory the intention is that they are smaller in size to the primary residence. Code clarification is needed so that it clearly says that the square footage of the accessory structures shall be smaller than the primary residence. f) The list of primary uses in all zones has a category that lists "other uses that are not specifically listed in the Zoning Code and the Director determines that they are similar in nature to other listed uses and are consistent with Comprehensive Plan and the purpose of the district However the list of accessory uses is limited. A category similar to the "other uses that are customarily accessory to the listed permitted uses" and that are determined by the Director to be consistent with the Comprehensive Plan needs to be added to the list of accessory uses in all zones. g) Clarify the lot area definition to include or exclude the area used for fire lanes. 5. The Department of Community Development has a number of code interpretations that date back to 1970's and 80's. Staff has gone through the list of code interpretations and suggested codifying the following ones that are still applicable. a) The Building Height definition needs to be amended so that the height of parapets is included in calculating maximum building height. b) The term "occupancy permit" is used in the Zoning Code Sections 96.030, .060 and .070. The definitions section of Zoning Code does not define an occupancy permit. However an occupancy permit in the Zoning Code has different meaning than an occupancy permit in the Building Code. The occupancy permit in the Zoning Code is interpreted by the Planning Department to mean the review and recording of zoning compliance as accomplished through the building permit and business license application procedures. This needs to be clarified in the code language. c) Standard parking stalls have the option of including a two foot landscaping overhang in the stall length. This means that the paved area of a standard 19' long stall would be 17' with the curb acting as a wheel stop and two feet of the hood or truck overhanging INFORMATIONAL MEMO Page 4 a landscaped area to reduce the amount of paving on a site. However the code is not clear if compact stalls should be allowed the option of overhanging in the landscaped area, reducing their paved length from 16' to 14'. The administrative policy has been to not allow the compact stalls to overhang and require the full depth of paving. d) The required front yard landscape width may be divided into a perimeter strip and one or more other landscape areas between the building and the front property line if the perimeter strip is a minimum of ten feet and the landscape materials are sufficient to provide some project screening and break up the building mass. This allows additional flexibility of site design while still providing the full amount of landscaping required by code. e) Address the sight distance requirements for fences on corner properties. f) Codify the definition of Truck Terminals. g) Limited access state routes such as 1 -5 and 1 -405, private access easements and subdivision tracts for access shall be considered streets according to the Zoning Code's definition. This effects the type of lots (corner, through) and their setbacks and landscape requirements. h) Define and set policy for temporary portable office structures. These are allowed for up to 18 months in industrial zones and six months in commercial zones. Job shacks for construction are allowed for the duration of the construction and portables for schools are subject to approval by the Planning Commission. 6. Correct the following typos or incorrect references through out the code: a) TMC 18.70.050.8a references sections 18.45.080E F. It should reference 18.45.120b &c instead. b) A reference should be added in the LDR zone standards to the single family design standards listed under Supplemental Section. c)18.108.080 (7) references TMC 18.11.120, which does not exist. The correct reference is 18.108.050. d) TMC 21.04.152 (4a) cites RCW 36.70.200 (Planning Enabling Act); the correct reference should be 36.70a.200 (Growth Management). e) TMC 17.12.120 j lists sensitive areas as slopes 20% or greater, which was the standard prior to sensitive areas update in 2004. It should say 15% or greater. f) TMC 18.06.500 B. Add the word "be" between the words "may" and "developed g)TMC 18.45.080.G.2.c.(3) states: Removing non native plat species and noxious weeds from the buffer area... The word "plat" should be "plant h) TMC 18.72.020 is the Variance section of the Code that is a Hearing Examiner's decision. There is an outdated reference to "board of adjustments" that needs to be eliminated. i) TMC 18.104.090(1) references 18.96.010. It should be 18.96.020. INFORMATIONAL MEMO Page 5 j) TMC 21.04.310 needs to be updated to reference the adopted fee schedule rather than the specific fee for SEPA application. RECOMMENDATION Forward the proposed changes to the Planning Commission for consideration and review. After Planning Commission review and hearing staff will return to CAP with Planning Commission's recommendations.