Planning 2024-06-27 Minutes - Tiny Home Village / Permitting Process and Compliance with Recent Legislation

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Planning Commission Minutes 6/27/24 Page 4 The PC had an extensive discussion including what would qualify as a genuine religious organization. Director Gierloff pointed out that many of the City's religious organizations are in the LDR zone so the amendment could create a conflict with the rights of these organizations under RCW 35A.21.360. Motion carried. Four in favor. Chair Probst opened the second public hearing for: File Number: L24-0051 Purpose: Consideration of Zoning Code Amendments relating to Accessory Dwelling Units (ADUs) Location: Citywide Chair Probst asked staff to give the presentation. Associate Planner Isaac Gloor, DCD, gave the presentation for staff. This item is pertaining to changes to Title 18, the City's Zoning Code, for peiinit processing and the application for design review. He provided some background infoiivation on how pennies are processed and how design review is done. He said that this is a legislative action that requires public notice and a hearing. There are rules for each step of the peiiuit process, and they are written and governed by the Tukwila Municipal Code (TMC). One of the most important issues for people applying for a peiiuit is the "shot clock". The TMC allows for a peiiuit to be reviewed for up to 120 days, which is the amount of time when someone has applied for a peiinit, and it has been deteiiuined by the peiiuit department that they have submitted everything that is required to be reviewed for compliance. Currently, a final review deteiiuination must be issued within 120 days. The "shot clock" stops if the applicant is required to resubmit requested infoiivation or it has been deteiiuined a peiinit is not in compliance per the TMC and needs to be corrected. The "shot clock" starts again once there are submittals. Staff noted that the Tukwila Zoning Code is several decades old and has been amended multiple times, which has caused the peiinit types and processes to become cluttered and repetitive. The goal is to simplify and clarify the code. Design review is one type of peiiuit that is required for certain larger commercial projects and almost all multi -family projects. There are two different kinds of design reviews: administrative or public hearing design review. Design review governs the aesthetic standards for buildings. Administrative design review pennies are reviewed by staff. The standards for public hearing design review are the same, but the review procedures are different. For these projects staff and the applicant create a presentation and present it to the Board of Architectural Review (BAR), which is the PC who also sits as the BAR body. The BAR applications are infrequent and take a lot longer to schedule and are more legally binding with potential consequences. Background was also provided on two major new bills, SB 5290 and HB 1293, which changed everything about how pennies are reviewed. SB 5290 broke out the review timelines based on the depth of review for new peiiuit timelines. For projects that do not require public notice the "shot clock" changed from 120 days to 65 calendar days including weekends. For projects that do require public notice but do not require public hearing the "shot clock" is now 100 calendar days. For projects that require both public notice and public hearing the "shot clock" is 170 calendar days. HB 1293 severely limits the BAR to either approve or deny a peiiuit since only one public hearing can be held. The city is required to adopt the new peiiuitting timelines to comply fully with SB 5290. The PC would no longer sit as a BAR body if approved. Other standards for HB 1293 will be addressed in the future. Staff also addressed clarifying questions for the PC. Some PC were in opposition of the BAR no longer reviewing design review peiiuits. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov