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Home My WebLink AboutPermit L2000-011 - CITY OF TUKWILA - CORRECTIONAL FACILITIES AND GROUP HOMES CODE AMENDMENTSL2000 -011 MORATORIUM FOR CORRECTONAL FACILITIES ZONING CODE AMENDMENTS COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN • U.S: GENERAL SERVICES ADMINISTRATION Dusty Griffith Contracting Officer Public Buildings Service Room 12A29 (7PNB) 819 Taylor Street Fort Worth, TX 76102 CORNEU.CORRECflOriS Mark Thompson Managing Director Pre-Release Division Telephone: (817) 978-4335 Fax: (817) 978-0325 E-Mail: dusty.griffith@gsa.gov Cornell Corrections, Inc. 1811 Knoll Drive Ventura, California 93003 805-644.8700 Fax 805-654-1792 Cell 805-340-4281 mthompson@cornellcon-ections.com To: Stacia Norris, City Clerk's Office Christy O'Flaherty, City Clerk's Office From: Minnie Dhaliwal, Community Development Department Date: February 6, 2002 RE: Ordinance No. 1976 Attached are corrected pages 10, 12, 15, 17, 19, 23, 24, 28 for the above ordinance. Per my conversation with the attorney's office, these pages can be replaced without further action. Also attached is the marked up copy of these pages that shows the lines that were inadvertently deleted in the initial creation of the ordinance. Since there was never any discussion and they were not indicated as changed or deleted in any of the strike- through versions submitted to Council, the corrected copies may be inserted in the records. Please updated your copy of Ordinance No. 1976 with these eight corrected pages. • Z w: J U', U O; .moo co w' wI J w O, • Z 1-0, 21-1 ui. . 2D. U C1' • ;0 H Ali a H a � O Z U N'. O z f. all necessary permits or approvals are obtained from the Health Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Dormitories. 6. Electrical substations - distribution. 7. Fire and police stations. 8. Radio, television, microwave, cellular or observation stations and towers. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 27. Ordinance 1830, §3, and Ordinance 1758, §1 (part), as codified at TMC 18.14.070, are amended as follows: Basic Development Standards. Development within the High Density Residential district shall conform to the following listed and referenced standards: HDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 9,600 sq. ft. Lot area per unit (multi- family, except senior citizen housing) 2,000 square feet Average lot width (min. 20 ft. street frontage width), minimum 60 feet Setbacks to yards (minimum): • Front, 1st floor 15 feet • Front, 2nd floor 20 feet • Front, 3rdfloor loon 30 feet • Front, 4thfloor 45 feet • Second front, l st floor 7.5 feet • Second front, 2nd floor 10 feet • Second front, 3rdfloor 15 feet • Second front, 4thfloor 22.5 feet • Sides, 1st floor 10 feet • Sides, 2nd floor 20 feet • Sides, 3rdfloor 20 feet (30 feet if adjacent to LDR) • Sides, 4thfloor 30 feet • Rear, 1st floor 10 feet • Rear, 2nd floor 20 feet • Rear, 3rdfloor 20 feet (30 feet if adjacent to LDR) • Rear, 4thfloor 30 feet Height, maximum 45 feet Development area coverage 50% maximum(except senior citizen housing) Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements. • Front 15 feet • Sides 10 feet • Rear 10 feet Group Homes final 10 -01. doc 10 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, flowers, 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 29. Ordinance 1758, §1 (part), as codified at TMC 18.16.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Mixed - Office Use district. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Recreational area and facilities for employees. 9. Residences for security or maintenance personnel. Group Homes final 10- 01.doc 12 Draw wti nrsnm,Vooi Y.r'Yl..znm%YS,.f5 =i9 • Section 32. Ordinance 1758, §1 (part), as codified at TMC 18.18.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Office district. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupations. 6. Parking Areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. Section 33. Ordinance 1865, §19; Ordinance 1830, §9, and Ordinance 1758, §1 (part), as codified at TMC 18.18.040, are amended as follows: Conditional Uses. The following uses may be allowed within the Office district, subject to the requirements, procedures, and conditions established by TMC 18.18.64, Conditional Use Permits. 1. Cemeteries and. crematories. 2. Churches and community center buildings. 3. Colleges and universities. 4. Convalescent and nursing homes for more than 12 patients. 5. Electrical substations - distribution. Group Homes final I0- O1.doc 15 • • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR - 10 feet Off -street parking: • Residential See TMC 18.56, Off street Parking /Loading Regulations • Accessory dwelling unit See Accessory Use section of this chapter. • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off -street Parking & Loading Regulations Performance Standards: Use activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise ", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 36. Ordinance 1758, §1 (part), as codified at TMC 18.20.020, is amended as follows: 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 arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer software development and similar uses. 5. Day care centers. 6. Dwelling - One detached single - family dwelling per 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 two 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. Group Homes final 10- 01.doc ...w..—. ....— .- d...n..er�e�".nz,'kl°5°y', y7�rerxi+ epxn«: xmv-...,:.r. m .rrm.;x,,,..�..�......._....,.., 17 Z • 6 00 co 0. Lu r2 F- W¢ O}} OC-J u.Q U 0. =d W, Z�.; I— O. Z 1--. W U 0: •0 Si2 OF— W W` 1-- U .Z U �. O. Z 1. Brew pubs. 2. Churches and community center buildings. 3. Convalescent and nursing homes for not more than 12 patients. 4. Fire and police stations. 5. Fraternal organizations. 6. Libraries, museums or art galleries (public). 7. Radio, television, microwave, cellular or observation stations and towers. 8. Recreation facilities (public) including, but not limited to, sports• fields, community centers, and golf courses. 9. Restaurants, including cocktail lounges in conjunction with a restaurant. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 39. Ordinance 1872, §3, and Ordinance 1758, §1 (part), as codified at TMC 18.20.080, are amended as follows: Basic Development Standards. Development within the Residential Commercial Center district shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum 5,000 sq. ft. Lot area per unit (multi- family), minimum 3,000 square feet Setbacks to yards (minimum): • Front 20 feet • Second front 10 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR or HDR 10 feet • Rear 10 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -style seating and similar features, subject to approval. See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements. • Front 20 feet • Second Front 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR or HDR 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR or HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off -street parking: • Residential See TMC 18.56, Off -street Parking / Loading_Regulations. See Accessory Use section of this chapter. • Accessory dwelling unit • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off- street Parking /Loading Regulations. Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements • Front 5 feet • Front(s) if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear none • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq, ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off -street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking/Loading Regulations • Accessory dwelling unit See TMC 18.22.030, Accessory Uses • Office 3 per 1,000 sq. ft. usable floor area • Retail 2.5 per 1,000 sq. ft. usable floor area • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off -street Parking & Loading Regulations Performance Standards: Use activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise ", and, (3) adopted State and Federal standards for water quality and ha ?ardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 43. Ordinance 1758, §1 (part), as codified at TMC 18.24.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial district. 1. Adult day care. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Parking areas. 5. Recreational area and facilities for employees. Group Homes final 10- 01.doc 23 6. Residences for security or maintenance personnel. Section 44. Ordinance 1865, §29, and Ordinance 1758, §1 (part), as codified at TMC 18.24.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Regional Commercial district, subject to the requirements, procedures and conditions established by TMC 18.66, Unclassified Use Permits: 1. Essential public facilities, except those specifically listed as a permitted, conditionally permitted or unclassified use 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 45. Ordinance 1872, §5, Ordinance 1865, §31, and Ordinance 1758, §1, as codified at TMC 18.24.080, are amended as follows: Basic Development Standards. Development within the Regional Commercial district shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.030). Certain setback and landscaping standards may be waived by the Director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed, or pedestrian- oriented space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions. See also Chapter 18.50, Supplemental Development Regulations.) RC BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 2,000 sq. ft. Where height limit is 6 stories: 622 sq. ft. Where height limit is 10 stories: 512 sq. ft. Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet When 3 or more stories 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet When 3 or more stories 30 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements Group Homes final 10 -01. doc - 24 TUC BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 2,000 sq. ft. Setbacks to yards, minimum: • Front 15 feet • Second front 15 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1s` Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Height, maximum 115 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements • Front 15 feet; required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features subject to approval as a Type 2 special permission decision. • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear None • Rear, if any portion of the . yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking /Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail 4 per 1,000 sq. ft. usable floor area minimum • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off -street Parking & Loading Regulations Group Homes final 10- 01.doc 28 TO: Minnie; DCD Christy, City Clerk's Office Stacia, City Clerk's Office FROM: Barbara, City Clerk's Office DATE: October 26, 2001 RE: Ordinance No. 1976 RECEIVED OCT 2.5 2001 COMMUNITY DEVELOPMENT Attached are corrected pages 7 and 8 for the above ordinance. Per Minnie's conversation with the attorney's office, these pages can be replaced without further action. Three lines of the MDR standards chart were inadvertently deleted in the initial creation of the ordinance. Since there was never any discussion and they were not indicated as "deleted" in any of the strike - through versions submitted to Council, the corrected copies may be inserted in the records. Please update your copy of Ordinance No. 1976 with these two corrected pages. cc: City Attorney's office z • = JV. UO • u) w: .wz J N lL; wo ga: co n _• w :I O. z t-: w w` O. LLi z: - =` :0 • z c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is fourteen (14) days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the I- Iealth Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Convalescent and nursing homes for not over 12 patients. 6. Dormitories. 7. Manufactured /mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 8. Electrical substations - distribution. 9. Fire and police stations. 10. Libraries, museums or art galleries (public). 11. Radio, television, microwave, cellular or observation stations and towers. 12. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 13. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 23. Ordinance 1758, §1 (part), as codified at TMC 18.12.070, is amended as follows: Basic Development Standards. Development within the Medium Density Residential district shall conform to the following listed and referenced standards: MDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. Lot area per unit (multi- family) 3,000 square feet Average lot width (min. 20 ft. street frontage width), minimum 60 feet Setbacks (minimum): • Front, 1st floor 15 feet • Front, 2nd floor 20 feet • Front, 3rd floor 30 feet • Second front, 1st floor 7.5 feet • Second front, 2nd floor 10 feet • Second front, 3rd floor 15 feet Group Homes final 10- 01.doc 7 • Sides, 1st floor 10 feet • Sides, 2nd floor 20 feet • Sides, 3rd floor 20 feet (30 feet if adjacent to LDR) • Rear, 1st floor 10 feet • Rear, 2nd floor 20 feet • Rear, 3rd floor 20 feet (30 feet if adjacent to LDR) Height, maximum 30 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements. • Front(s) 15 feet • Sides 10 feet • Rear 10 feet Development coverage 50% maximum Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off - street parking: • Residential See TMC 18.56, Off - street Parking /Loading Regula tions. • Accessory dwelling unit See Accessory Use section of this chapter. • Other uses See TMC 18.56, Off - street Parking /Loading Regulations. Section 24. Ordinance 1865, §13, Ordinance 1830, §2, and Ordinance 1758, §1 (part), as codified at TMC 18.14.020, are amended as follows: Permitted Uses. A. The following uses are permitted outright within the High Density Residential 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. Convalescent and nursing homes for not more than 12 patients. 3. Day care centers. 4. Manufactured /mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 5. Dwelling - One detached single- family dwelling per lot. 6. Dwelling — multi - family. 7. Libraries, museums or art galleries (public). 8. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 9. Shelters. B. In Commercial Redevelopment Area 3 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in the BAR chapter of this code, TMC 18.60.060. Section 25. Ordinance 1758, §1 (part), as codified at TMC 18.14.030, is amended as follows: Group 1lvures final 10 -01.do : . n. .e..wTirMPT. }iM�N!R�FN�''xfL'iW u.n^. w. +4ay.. -. 8 . ......- .........r...: rFy. F*'>, G ',•}¢.R:LW'Sroh`{�!:'%PNLtryYfrAfi City of Tukwila Washington Ordinance No. / `% 76, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS TUKWILA MUNICIPAL CODE SECTIONS RELATING TO ZONING AND PERMITTING FOR DIFFERENT FORMS OF HOUSING AND RELATED FACILITIES, FOR PERSONS WITI -I HANDICAPS AND DISABILITIES AND FOR A VARIETY OF CORRECTIONAL FACILITIES; REPEALING PARTS OF ORDINANCE NO. 1758, AS CODIFIED IN TMC CHAPTER 18.06, DEFINITIONS; ADDING NEW SECTIONS TO TUKWILA MUNICIPAL CODE CHAPTERS 18.06 AND 18.56; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila desires to implement RCW 36.70A.410, which requires the City to treat residential housing for persons with handicaps no differently than residential housing for families or other unrelated individuals; and WHEREAS, the City of Tukwila desires to implement RCW 36.70A.450, which requires that the City permit family day -care provider's home facilities, subject to certain restrictions intended to mitigate the potential impacts of such facilities and provide for the safe and proper operation of such facilities; and WHEREAS, the City of Tukwila desires to implement RCW 36.70A.200 related to essential public facilities by recognizing the City's obligation to make provision for such facilities while regulating the location of correctional facilities so as to allow such uses in a manner intended to mitigate the potential impacts of such facilities and provide for the proper and safe operation of such facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1758, §1 (part), as codified at TMC 18.06.030, is hereby repealed. Section 2. Ordinance 1758, §1 (part), as codified at TMC 18.06.040, is hereby repealed. Section 3. Ordinance 1758, §1 (part), as codified at TMC 18.06.065, is amended as follows: Bed and breakfast. "Bed- and - breakfast" means an owner- occupied dwelling unit that contains guest rooms where lodging is provided for compensation. Section 4. Ordinance 1758, §1 (part), as codified at TMC 18.06.250, is amended as follows: Dwelling, multi - family. "Multi- family dwelling" means a building designed to contain two or more dwelling units. Duration of tenancy in multi- family dwellings is not less than one month. Group Homes final10- 01.doc 1 z • ~Z Ce JU U0 U w J w • o 2 g< U� Z� t— 0 Z I— w w U� O 9 CI I-. ww 1- • 0. U.. • Z w U= 0 z T Section 5. Ordinance 1758, §1 (part), as codified at TMC 18.06.255, is amended as follows: Dwelling, single - family. "Single- family dwelling" means a building or modular home, other than a mobile or manufactured home, designed to contain no more than one dwelling unit plus one accessory dwelling unit. Section 6. A new definition is hereby added to TMC Chapter 18.06 as follows: Modular home. "Modular home" means a factory -built residential structure, transportable in one or more sections, which meets the requirements of the Uniform Building Code. Section 7. Ordinance 1758, §1 (part), as codified at TMC 18.06.260, is amended as follows: Dwelling unit. "Dwelling unit" means the whole of a building or a portion thereof providing complete housekeeping facilities for a group of individuals living together as a single residential community, with common cooking, eating and bathroom facilities, other than transitory housing or correctional facilities as defined in this code, which is physically separated from any other dwelling units which may be in the same structure. Section 8. Ordinance 1758, §1 (part), as codified at TMC 18.06.295, is hereby repealed. z Section 9. Ordinance 1758, §1 (part), as codified at TMC 18.06.330, is hereby repealed. , _ i F-w. Section 10. Ordinance 1758, §1 (part), as codified at TMC 18.06.300, is amended as 0 follows: o o co o cn w Family child care home. "Family child care home" means a "family day -care provider" as defined in RCW 74.15.020: a state - licensed facility in the family residence of the licensee w 0 , providing regularly scheduled care for 12 or fewer children, including children who reside at 2 the home, within an age range of birth through 11 years, exclusively for periods less that 24 u. <. hours per day. An off - street parking space shall be made available for any non - resident cn d employee. I-- _ zI- Section 11. Ordinance 1758, §1 (part), as codified at TMC 18.06.430, is amended as w O follows: 2 o U 0 I- Home occupation. "Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in which the use of the z v premises as a dwelling place is largely incidental to the occupation carried on by a resident of II o the dwelling place; provided, that: iii z U= 1. There shall be no change in the outside appearance of the surrounding z F- residential development; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupations shall not create a nuisance; 4. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot; 5. The business involves no more than one person who is not a resident of the dwelling; and 6. An off - street parking space shall be made available for any non - resident employee. Group Homes final 10- 01.doc 2 rae59 TM?r� Section 12. A new definition is hereby added to TMC Chapter 18.06 as follows: Boarding house. "Boarding house" means a residential building or use which provides housing on a short term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels and motels, shelters, and facilities which provide short- or long- term care for tenants suffering from physical, mental or other disabilities. Section 13. A new definition is hereby added to TMC Chapter 18.06 as follows: Convalescent/nursing home. "Convalescent /nursing home" means a residential facility, such as a hospice, offering twenty -four (24) hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in- patient adminis- tration of special diets, bedside nursing care, and treatment by a physician or psychiatrist. Section 14. A new definition is hereby added to TMC Chapter 18.06 as follows: Correctional institution. "Correctional institution" means: "public and private facilities providing for: 1. the confinement of adult offenders; or 2. the incarceration, confinement or detention of individuals arrested for or convicted of crimes whose freedom is partially or completely restricted other than a jail owned and operated by the City of Tukwila; or 3. the confinement of persons undergoing treatment for drug or alcohol addictions whose freedom is partially or completely restricted; or 4. transitional housing, such as halfway houses, for offenders who are required to live in such facilities as a condition of sentence or release from a correctional facility. Section 15. A new definition is hereby added to TMC Chapter 18.06 as follows: Dormitory. "Dormitory" means a residential building or use which provides housing for students attending an affiliated school or housing for members of a religious order. Dormitories may include kitchens, cafeterias, meeting rooms, laundry rooms and other accessory facilities to serve the residents of the facility. Section 16. A new definition is hereby added to TMC Chapter 18.06 as follows: Shelter. "Shelter" means a building or use providing residential housing on a short -term basis for victims of abuse and their dependents, or a residential facility for runaway minors (children under the age of 18). Section 17. Ordinance Nos. 1865, §5 and 1758, §1 (part), as codified at TMC 18.10.020, are amended as follows: Permitted Uses. The following uses are permitted outright within the LDR district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Dwelling — One detached single - family dwelling per lot. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial is required. 3. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. Group Homes final 10- 01.doc 3 .,. —,.. ,, ..,,... a.,.,. .:,cv;?rrt <•?i'.t:c;'nsM.wr.;?r :er; 4. In Commercial Redevelopment Area 4 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. 5. Shelters. Section 18. Ordinance 1758, §1 (part), as codified at TMC 18.10.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the LDR district. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single- family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. Section 19. Ordinance 1758, §1 (part), as codified at TMC 18.10.040, is amended as follows: Conditional Uses. The following uses may be allowed within the LDR district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: Group Homes final 10- 01.doc 4 a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is fourteen (14) days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 2. Cemeteries and crematories. 3. Churches and community center buildings. 4. Dormitories z 5. Electrical substations -- distribution. ,mow 6. Fire and police stations. 6 0 0. 7. Libraries, museums or art galleries (public). w 8. Radio, television, microwave, cellular or observation stations and towers. district. uj w � 0 9. Recreation facilities (public) including, but not limited to, sports fields, w a. community centers, and golf courses. co a =w' 10. Schools, preschool, elementary, junior and senior high schools (public), and ? 0 Z~ Section 20. Ordinance Nos. 1865 (part) and 1758, §1 (part), as codified at TMC 18.12.020, v are amended as follows: equivalent private schools. Permitted Uses. 0 F- 111 w 1- -: ILO Z A. The following uses are permitted outright within the Medium Density district, 0 subject to compliance with all other applicable requirements of the Tukwila Municipal Code: o I- z 1. Dwelling - One detached single - family dwelling per lot. 2. Dwelling - Multi- family duplex, triplex, or fourplex units. 3. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 4. Day care centers. 5. Public parks, trails, picnic areas and play - grounds, but not including amusement parks, golf courses, or commercial recreation. 6. Shelters. B. In Commercial Redevelopment Areas 1, 2, and 4 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. Group Homes final 10- 01.doc 5 Section 21. Ordinance 1758, §1 (part), as codified at TMC 18.12.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Medium Density Residential district. 1. Adult day care. 2. Accessory dwelling unit, provided: a. Minimum lot of 7,200 square feet; b. Accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. Dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; w JU square feet, and a minimum of four spaces for units over 600 square feet, and o o cn J w0. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. d =w z1.- 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, O provided it is located on the same lot as the principal use and is subject to the regulations w affecting the main building. ? o 0 0- o1-- Ww 1-r 0 wz 2. O~ e. Minimum of three parking spaces on the property with units less than 600 f. the units are not sold as condominiums. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above - mentioned animals shall be allowed on the same lot. Section 22. Ordinance 1758, §1 (part), as codified at TMC 18.12.040, is amended as follows: Conditional Uses. The following uses may be allowed within the Medium Density Residential district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, Group Homes final 10- 01.doc 6 z c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is fourteen (14) days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Convalescent and nursing homes for not over 12 patients. 6. Dormitories. 7. Manufactured /mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; z re b. overall development density shall not exceed eight dwelling units per acre; 0 0 c. vehicular access to individual dwelling units shall be from the interior of the �. �LL d. emergency access shall be subject to the approval of the Tukwila Fire g Q = a. i z� 1-o zi- w v• ° o (22 o F-'. ww f- u-' O wz o 0 park; and Department. 8. Electrical substations - distribution. 9. Fire and police stations. 10. Libraries, museums or art galleries (public). 11. Radio, television, microwave, cellular or observation stations and towers. 12. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 13. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 23. , Ordinance 1758, §1 (part), as codified at TMC 18.12.070, is amended as follows: Basic Development Standards. Development within the Medium Density Residential district shall conform to the following listed and referenced standards: MDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. Lot area per unit (multi - family) 3,000 square feet Average lot width (min. 20 ft. street frontage width), minimum 60 feet Setbacks ts__(minimum): • Front, 1st floor 15 feet • Front, 2nd floor 20 feet • Front, 3rd floor 30 feet Group Homes final 10- 01.doc or 7 z -' • • Second front, 1st floor 7.5 feet • Second front, 2nd floor 10 feet • Second front, 3rd floor 20 of (30 feet if adjacent R) • Rear, 1st floor 10 feet • Rear, 2nd floor 20 feet • Rear, 3rd floor 20 feet (30 feet if adjacent to LDR) Height, maximum 30 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter f further requirements. • Front Ci 15 feet • Sides \ 10 feet • Rear 10 feet Development coverage 50% maximum Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off - street parking: • Residential See TMC 18.56, Off - street Parking /Loading_Regulations. See Accessory Use section of this chapter. • Accessory dwelling unit • Other uses See TMC 18.56, Off - street Parking /Loading Regulations. Z 3 Section 24. Ordinance 1865, §13, Ordinance 1830, §2, and Ordinance 1758, §1 (part), as codified at TMC 18.14.020, are amended as follows: Permitted Uses. A. The following uses are permitted outright within the High Density Residential 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. Convalescent and nursing homes for not more than 12 patients. 3. Day care centers. 4. Manufactured /mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 5. Dwelling - One detached single - family dwelling per lot. 6. Dwelling — multi- family. 7. Libraries, museums or art galleries (public). 8. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 9. Shelters. B. In Commercial Redevelopment Area 3 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in the BAR chapter of this code, TMC 18.60.060. Section 25. Ordinance 1758, §1 (part), as codified at TMC 18.14.030, is amended as follows: Group Homes final 10- 01.doc 8 .. r�s. wa•. n. �'^ �MxMa+ A�orrR�tw .!w�unr.n+gnt:irl't'Aram ..trr r+[?!/ Aetit 4xver.* 4HAp' 1F!' p'„ t' rt YaiMa':a blit sca+ raiL"• k' 7.'+' Nr:! t., n�Y�• N; uwM.". e' aw.;+;.- i,+; r,.• ryxR' qXr:. rxgWnrT;++ 9.^ I• t"!!'? rc !rRR+SJf4ev1 ?a'- ?'.r+Im7rtv:Y.� • Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the High Density Residential district. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Parking areas. 7. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. Section 26. Ordinance 1758, §1 (part), as codified at TMC 18.14.040, is amended as follows: Conditional Uses. The following uses may be allowed within the High Density Residential district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is fourteen (14) days, e. breakfast must be offered on -site to customers, and Group Homes final 10- 01.doc 9 f. all necessary permits or approvals are obtained from the Health Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Churches and community center buildings. 5. Dormitories. 6. Electrical substations - distribution. 7. Fire and police stations. 8. Radio, television, microwave, cellular or observation stations and towers. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 27. Ordinance 1830, §3, and Ordinance 1758, §1 (part), as codified at TMC 18.14.070, are amended as follows: Basic Development Standards. Development within the High Density Residential district shall conform to the following listed and referenced standards: HDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 9,600 sq. ft. Lot area per unit (multi - family) 2,000 square feet Average lot width (min. 20 ft. street frontage width), minimum 60 feet Setbacks to yards (minimum): , • Front, 1st floor 15 feet • Front, 2nd floor 20 feet • Front, 3rd floor 30 feet • Front, 4th floor 45 feet • Second front, 1st floor 7.5 feet • Second front, 2nd floor 10 feet • Second front, 3rd floor 15 feet • Second front, 4th floor 22.5 feet • Sides, lst floor 10 feet • Sides, 2nd floor 20 feet • Sides, 3rd floor . 20 feet (30 feet if adjacent to LDR) • Sides, 4th floor 30 feet • Rear, 1st floor 10 feet • Rear, 2nd floor 20 feet • Rear, 3rd floor 20 feet (30 feet if adjacent to LDR) • Rear, 4th floor 30 feet Height, maximum 45 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements. • Front 15 feet • Sides 10 feet • Rear 10 feet Group Homes final 10- 01.doc 10 Recreation space 400 sq. ft per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off - street parking: • Residential (except senior citizen housing) See TMC 18.56, Off - street Parking /Loading Regulations. • Accessory dwelling unit See Accessory Use section of this chapter. • Other uses See TMC 18.56, Off - street Parking /Loading Regulations. Performance Standards: Use, activity and a site shall comply with (1) standards Pollution Control Agency for odor, dust, pollutants, (2) TMC 8.22, "Noise ", and, standards for water quality and hazardous development subject to the requirements Policy Act, RCW 43.21C, shall be evaluated environmental impacts have been adequately operations within a structure or adopted by the Puget Sound Air smoke and other airborne (3) adopted State and Federal materials. In addition, all of the State Environmental to determine whether adverse mitigated. Section 28. Ordinance 1971, §7, Ordinance 1830, §5, Ordinance 1814, §2 (part), and Ordinance 1758, §1 (part), as codified at TMC 18.16.020, are amended as follows: 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. Computer software development and similar uses. 7. Convalescent and nursing homes for not more than 12 patients. 8. Day care centers. 9. Dwelling - One detached single - family dwelling per lot. 10. Dwelling - Multi- family units above office and retail uses. 11. Dwelling - Senior citizen housing as a freestanding use subject to additional requirements. 12. Financial, banking, mortgage, and other services. 13. Fraternal organizations. 14. Laundries: a. self service b. dry cleaning c. tailor, dyeing 15. Libraries, museums or art galleries (public). 16. Medical and dental laboratories. 17. 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 d. professional e. administrative f. business, such as travel, real estate g. commercial 18. Outpatient, inpatient, and emergency medical and dental commercial services. 19. Parking lots or garages for private passenger cars (public). 20. Public parks, trails, picnic areas and playgrounds but not including amusement parks, golf courses, or commercial recreation. 21. Recreation facilities (commercial - indoor), athletic or health clubs. Group Homes final 10- 01.doc 11 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, flowers, 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 29. Ordinance 1758, §1 (part), as codified at TMC 18.16.030, is amended as follows: z Accessory Uses. The following uses and structures customarily appurtenant to a permitted = use, and clearly incidental to such permitted use, are allowed within the Mixed - Office Use cc district. 6 D JU UO 1. Adult day care. w i 2. Accessory dwelling unit, provided: w w p 2 a. minimum lot of 7,200 square feet; g Q U) d b. accessory dwelling unit is no more than 33% of the square footage of the w primary residence and a maximum of 1,000 square feet, whichever is less; z t- O z I- c. one of the residences is the primary residence of a person who owns at least 2 D 50% of the property, o u) o oi- d. dwelling unit is incorporated into the primary detached single - family = v residence, not a separate unit, so that both units appear to be of the same design as if o constructed at the same time; w z U =. e. minimum of three parking spaces on the property with units less than 600 1:: 1- square feet, and a minimum of four spaces for units over 600 square feet; and z f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. Group Homes final 10- 01.doc 12 Section 30. Ordinance 1872, §1, Ordinance 1865, §18), Ordinance 1830 §7 and Ordinance 1758 §1(part), as codified at TMC 18.16.080, are amended as follows: Basic Development Standards. Development within the Mixed Use Office district shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.030). Certain setback and landscaping standards may be waived by the Director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian oriented space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions.) MUO BASIC DEVELOPMENT STANDARDS Lot area per unit, multi - family (except senior citizen housing), minimum 3,000 sq. ft. Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet Height, maximum 3 stories or 45 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off - street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking /Loading Regulations • Accessory dwelling unit See TMC 18.16.030, Accessory Uses • Office, minimum 3 per 1,000 sq. ft. usable floor area Group Homes final 10- 01.doc 13 �'V1 4411 1" tYil ur. illwLW' i. Kr^, ryV? M /1*MSJ1l:YWl�'.' ASCU' Y. r` XiT�' IFKSSA' X: 31F.!{ h= 31"+: 4�A.'.! IL7�iM 'AillM!C'AF3YCrEMHtM;roMe.rw.� .........z.....tia . r ..Y„ • Retail, minimum • Other uses, including senior citizen housing 2.5 per 1,000 sq. ft. usable floor area See TMC 18.56, Off - street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise ", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 31. Ordinance 1971, §8, Ordinance 1830, §8, Ordinance 1814, §2 (part), and Ordinance 1758, §1 (part), as codified at TMC 18.18.020, are amended as follows: Permitted Uses. The following uses are permitted outright within the Office district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Beauty or barber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer software development and similar uses. 5. Convalescent and nursing homes for not more than 12 patients. 6. Day care centers. 7. Dwelling - One detached single - family dwelling per lot. 8. Financial, banking, mortgage, other services. 9. Fraternal organizations. 10. Laundries: a. self service b. dry cleaning c. tailor, dyeing 11. Libraries, museums or art galleries (public). 12. Medical and dental laboratories. 13. 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 14. Outpatient, inpatient, and emergency medical and dental commercial services. 15. Parking lots or garages for private passenger cars (public). 16. Parks, trails, picnic areas 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 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). 20. Schools and studios for education or self- improvement. 21. Shelters. 22. Studios - art, 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. Group Homes final 10- 01.doc 14 Section 32. Ordinance 1758, §1 (part), as codified at TMC 18.18.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Office district. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. Section 33. Ordinance 1865, §19; Ordinance 1830, §9, and Ordinance 1758, §1 (part), as codified at TMC 18.18.040, are amended as follows: Conditional Uses. The following uses may be allowed within the Office district, subject to the requirements, procedures, and conditions established by TMC 18.18.64, Conditional Use Permits. 1. Cemeteries and crematories. 2. Churches and community center buildings. 3. Colleges and universities. 4. Convalescent and nursing homes for more than 12 patients. 5. Electrical substations - distribution. Group Homes final 10- 01.doc 15 6. Fire and police stations. 7. Hospitals, sanitariums, or similar institutions. 8. Park - and -ride lots. 9. Radio, television, microwave, cellular or observation stations and towers. 10. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 11. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 34. Ordinance 1865, §20; Ordinance 1816, §1, and Ordinance 1758, §1 (part), as codified at TMC 18.18.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Office district, subject to the requirements, procedures and conditions established by TMC 18.66, Unclassified Use Permits. 1. Correctional institution operated by the City of Tukwila. 2. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 3. Neighborhood stormwater detention and treatment facilities. 4. Stormwater pump stations. 5. Water utility reservoirs and related facilities. 6. Sewage lift stations. 7. Water pump stations. 8. Mass transit facilities. 9. 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 with the policies of the Tukwila Comprehensive Plan. Section 35. Ordinance 1872, §2, and Ordinance 1758 §1 (part), as codified at TMC 18.18.080, are amended as follows: Basic Development Standards. Development within the Office district shall conform to the following listed and referenced standards: OFFICE BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 10 feet • Rear, if any-portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements Group Homes final 10- 01.doc 16 .+•...�. «.......- .........v, ....«.. .._,.,.,.... .......meCVIMV!m!tt0*'ti•'11.4t !.9WPaJTYZ'gtWriri „`.'..z"fk??r;VPT,�';7 W".''filY,; z • =z re w 00 LU �_ f- U) w w0 2 u_ =d �w z= zF F- LU uj UC) :off' oI-- wW F.�. LLz w 0 z • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Off - street parking: • Residential See TMC 18.56, Off street Parking /Loading Regulations • Accessory dwelling unit See TMC 18.16.030, Accessory Uses • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off - street Parking & Loading Regulations Performance Standards: Use, structure or a site shall comply Puget Sound Air Pollution Control other airborne pollutants, (2) TMC and Federal standards for water quality addition, all development subject Environmental Policy Act, RCW determine whether adverse environmental adequately mitigated. activity and operations within a with (1) standards adopted by the Agency for odor, dust, smoke and 8.22, "Noise ", and, (3) adopted State and hazardous materials. In to the requirements of the State 43.21C, shall be evaluated to impacts have been Section 36. Ordinance 1758, §1 (part), as codified at TMC 18.20.020, is amended as follows: 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 arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer software development and similar uses. 5. Day care centers. 6. Dwelling - One detached single - family dwelling per 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 two 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. Group Homes final 10- 01.doc 17 ... � �w �,wsvi.� 5m'>,c -�:. ., " �r±. �« t:. c,' t1f*; �Fw';?;+f+ r;.: ti; i�- ,•,+,Yn?g.,a!fitfi?`?!SY�w::�, 13. 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. 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 Tukwila Comprehensive Plan. Section 37. Ordinance 1758, §1 (part), as codified at TMC 18.20.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Residential Commercial Center district. 1. Accessory dwelling unit, provided: z a. minimum lot of 7,200 square feet; , . _ E-: ~w Ce b. accessory dwelling unit is no more than 33% of the square footage of the 6 m primary residence and a maximum of 1,000 square feet, whichever is less; 0 0. c. one of the residences is the primary residence of a person who owns at least 50% of the property, w o d. dwelling unit is incorporated into the primary detached single - family g residence, not a separate unit, so that both units appear to be of the same design as if _n d constructed at the same time; 1- _. ? e. minimum of three parking spaces on the property with units less than 600 w o uj square feet, and a minimum of four spaces for units over 600 square feet; and U� W f. the units are not sold as condominiums. o i= wW 10 2. Dormitory as an accessory use to other uses that are otherwise permitted or o approved conditional uses such as churches or schools. . z U 3. Family child care homes, provided the facility shall be licensed by the 01— Department of Social and Health Services Office of Child Care Policy and shall provide a safe z passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. Section 38. Ordinance 1814, §3 and Ordinance 1758, §1 (part), as codified at TMC 18.20.040, are amended as follows: Conditional Uses. The following uses may be allowed within the Residential Commercial Center district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. Group Homes final 10- 01.doc M. I 9H'. tF1..' 7AN* 4gy✓,eyh'�P.+RNiM2"!wia'..... -. ... ...•hke•X,M 7rysF.' :saa.. ;..n�.., -.:u .. - ;nr.xs,- na!rrrvM..Na.. .'Ya.W1.4`fr .Tik,. 18 1. Brew pubs. 2. Churches and community center buildings. 3. Convalescent and nursing homes for not more than 12 patients. 4. Fire and police stations. 5. Fraternal organizations. 6. Libraries, museums or art galleries (public). 7. Radio, television, microwave, cellular or observation stations and towers. 8. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 9. Restaurants, including cocktail lounges in conjunction with a restaurant. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 39. Ordinance 1872, §3, and Ordinance 1758, §1 (part), as codified at TMC 18.20.080, are amended as follows: Basic Development Standards. Development within the Residential Commercial Center district shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum 5,000 sq. ft. Lot area per unit (multi- family), minimum 3,000 square feet Setbacks to yards (minimum): • Front 20 feet • Second front 10 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR or HDR 10 feet • Rear 10 feet Height, maximum 45 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -style seating and similar features, subject to approval. See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements. o Front 20 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR or HDR 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR or HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off - street parking: • Residential See TMC 18.56, Off - street Parking /Loading Regulations. • Accessory dwelling unit See Accessory Use section of this chapter. • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off - street Parking /Loading Regulations. Group Homes final 10- 01.doc 19 Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise ", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 40. Ordinance 1971, §9, Ordinance 1830, §11, Ordinance 1814, §2 (part), and Ordinance 1758, §1 (part), as codified at TMC 18.22.020, are amended as follows: 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. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allowed; 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 slaughtering); 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 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. Group Homes final 10- 01.doc 20 20. Libraries, museums or art galleries (public). 21. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, or three stories in the Urban Redevelopment Area along Tukwila 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. 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 (commercial - 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. Theaters, excluding "adult entertainment establishments ", as defined by this Code. 33. Wholesale 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 41. Ordinance 1758, §1 (part), as codified at TMC 18.22.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Neighborhood Commercial Center district. 1. Billiard or pool rooms. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and Group Homes final 10- 01.doc 21 f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupations. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. Section 42. Ordinance 1872, §4, Ordinance 1865, §25, Ordinance 1830, §13 and Ordinance 1758, §1, as codified at TMC 18.22.080, are amended as follows: Basic Development Standards. Development within the Neighborhood Commercial Center district shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.030). Certain setback and landscaping standards may be waived by the Director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions.) NCC BASIC DEVELOPMENT STANDARDS Lot area per unit for senior citizen housing, minimum 726 sq. ft. (senior housing) Setbacks to yards, minimum: • Front 6 feet (12 feet if located along Tukwila International Blvd. S.) • Second front 5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR . Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet Height, maximum 3 stories or 35 feet (4 stories or 45 feet in the NCC of the Tukwila International Boulevard, if a mixed use with a residential and commercial component) Group Homes final 10- 01.doc Yf151 - ,n. , ,+or+`""w.'""'""<"""""xnnv.+ta, nt 'ivolty + Nmen e#41 1011,,,IF, '+t; 22 '�L(,1tYtl'V�M�Riri Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements • Front 5 feet • Front(s) if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off - street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking /Loading Regulations • Accessory dwelling unit See TMC 18.16.030, Accessory Uses • Office 3 per 1,000 sq. ft. usable floor area • Retail 2.5 per 1,000 sq. ft. usable floor area • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off - street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise ", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 43. Ordinance 1758, §1 (part), as codified at TMC 18.24.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial district. 1. Adult day care. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Parking areas. 5. Recreational area and facilities for employees. Group Homes final 10- 01.doc 23 6. Residences for security or maintenance personnel. Section 44. Ordinance 1865, §29, and Ordinance 1758, §1 (part), as codified at TMC 18.24.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Regional Commercial district, subject to the requirements, procedures and conditions established by TMC 18.66, Unclassified Use Permits: 1. Essential public facilities, except those specifically listed as a permitted, conditionally permitted or unclassified use 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 45. Ordinance 1872, §5, Ordinance 1865, §31, and Ordinance 1758, §1, as codified at TMC 18.24.080, are amended as follows: Basic Development Standards. Development within the Regional Commercial district shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.030). Certain setback and landscaping standards may be waived by the Director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed, or pedestrian- oriented space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions. See also Chapter 18.50, Supplemental Development Regulations.) RC BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 2,000 sq. ft. Where height limit is 6 stories: 622 sq. ft. Where height limit is 10 stories: 512 sq. ft. Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR . Ratio of 1.5:1 setback . (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet When 3 or more stories 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for ,further requirements Group Homes final 10- 01.doc 24 • Front 10 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear None • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off - street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking /Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail 2.5 per 1,000 sq. ft. usable floor area minimum • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off - street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise ", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 46. Ordinance 1758, §1 (part), as codified at TMC 18.26.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial Mixed Use district. 1. Adult day care. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupation. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. Group Homes final 10- 01.doc 25 ±.'iyss'c'+niwlM'kR^h'yN�MM •..,... n...,v .. .x.+.`ilnlw..Y,.!`.3lM M■+)1,0041..l4!T4^`.VVW1!N,j4 Section 47. Ordinance 1872, §6, Ordinance 1830, §19, and Ordinance 1758, §1, at TMC 18.26.080, are amended as follows: Basic Development Standards. Development within the Regional Commercial district shall conform to the following listed and referenced standards: RCM BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 3,000 ft Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements • Front 10 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear None • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off - street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking /Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail 2.5 per 1,000 sq. ft. usable floor area minimum • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off - street Parking & Loading Regulations Group Hones final 10- 01.doc as codified Mixed Use 26 Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor,, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise ", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 48. Ordinance 1865, §33, and Ordinance 1758, §1 (part), as codified at TMC 18.26.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Regional Commercial Mixed Use district, subject to the requirements, procedures and conditions established by TMC 18.66. 1. Conversions of rental multi - family structures to condominiums or owner - occupied multi - family housing, but excluding the construction of new condominium or owner - occupied multi- family housing. 2. Essential public facilities, except those uses specifically listed as permitted or conditionally permitted 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 49. Ordinance 1758, §1 (part), as codified at TMC 18.28.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Urban Center district. 1. Adult day care. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupation. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. Section 50. Ordinance 1872, §7, Ordinance 1830, §22, and Ordinance 1758, §1, as codified at TMC 18.28.080, are amended as follows: Basic Development Standards. Development within the Tukwila Urban Center district shall conform to the following listed and referenced standards: Group Homes final 10- 01.doc 27 TUC BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 2,000 sq. ft. Setbacks to yards, minimum: • Front 15 feet • Second front 15 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1St Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Height, maximum 115 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements • Front 15 feet; required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features subject to approval as a Type 2 special permission decision. • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear None • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off- street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking /Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail 2.5 per 1,000 sq. ft. usable floor area minimum • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off - street Parking & Loading Regulations Group Homes final 10- 01.doc 28 x,;Sy�iS -144 Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise ", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 51. Ordinance 1865, §35, and Ordinance 1758, §1 (part), as codified at TMC 18.28.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Tukwila Urban Center district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Conversions of rental multi - family structures to condominiums or owner - occupied multi - family housing, but excluding the construction of new condominium or owner - occupied multi- family housing. z • w Ce 3. Essential public facilities, except those uses specifically listed as permitted or 6 conditionally permitted in any, of the districts established by this title. o o. co w J= 0)LL wo. u. Q d. ± . w z = �o z LJJ U• C) O N Accessory Uses. The following uses and structures customarily appurtenant to a permitted 0 f- use, and clearly incidental to such permitted use, are allowed within the Commercial Light = v Industrial district. u~. o uio z — 2. 0 z 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Mass transit facilities. Section 52. Ordinance 1758, §1 (part), as codified at TMC 18.30.030, is amended as follows: 1. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 2. Parking areas. 3. Recreational area and facilities for employees. 4. Residences for security or maintenance personnel. Section 53. Ordinance 1758, §1 (part), as codified at TMC 18.30.050, is amended as follows: Unclassified Uses. The following uses may be allowed within the Commercial Light Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. Group Homes final 10- 01.doc 29 xgMp�p. Ma. friVJ� IISIWY.tl�VM�Lr.�#kWA.Rq?3'%4. M„ �AkRY�aiPb (w:A'W�J'.'!tMf,•Jtt1.Slw%.Mg9: YY:4'hP'+t.'v >r.Nw ,,,,, folre1Yi1,"! :99s.tP 1'X!{i�H!k ^Sk, . , k!;`Y:Y,.1 ear 3. Essential public facilities, except those uses specifically listed as permitted or conditionally permitted in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 7. Mass transit facilities. Section 54. Ordinance 1758, §1 (part), as codified at TMC 18.32.030, is amended as follows: Accessory Uses. Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Light Industrial district, as follows: 1. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 2. Parking areas. 3. Recreational area and facilities for employees. 4. Residences for security or maintenance personnel. Section 55. Ordinance 1758, §1 (part), as codified at TMC 18.34.030, is amended as follows: z �z cc w. JU 00 co W = J � In Li.. w0} g u. d Accessory Uses. Uses and structures customarily appurtenant to a permitted use, and clearly w. incidental to such permitted use, are allowed within the Heavy Industrial district, as follows: Z '- F- O z�- 1. Dormitory as an accessory use to other uses that are otherwise permitted or LLI approved conditional uses such as churches, universities, colleges or schools. 0 o � wW L 3. Recreational area and facilities for employees. z o � 4. Residences for security or maintenance personnel. 0 F- 2. Parking areas. Section 56. Ordinance 1758, §1 (part), as codified at TMC 18.36.030, is amended as follows: Accessory Uses. Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center/ Light Industrial district, as follows: 1. Billiard or pool rooms. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as universities, colleges or schools. 3. Parking areas. 4. Recreational area and facilities for employees. 5. Residences for security or maintenance personnel. Group Homes final 10- 01.doc 30 z Section 57. Ordinance 1758, §1 (part), as codified at TMC 18.38.030, is amended as follows: Accessory Uses. Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center/ Heavy Industrial district, as follows: 1. Billiard or pool rooms. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as universities, colleges or schools. 3. Parking areas. 4. Recreational area and facilities for employees. 5. Residences for security or maintenance personnel. Section 58. Ordinance 1865, §45, and Ordinance 1758, §1 (part), as codified at TMC 18.38.050, are amended as follows: z Unclassified Uses. The following uses may be allowed within the Manufacturing Industrial Center /Heavy Industrial district, subject to the requirements, procedures and conditions w established by the Unclassified Use Permits chapter of this title. 6 JU UO. 1. Airports, landing fields and heliports (except emergency sites). CO UJ 2. Cement manufacturing. `o o w 3. Correctional institution. Q IL 4. Electrical substation - transmission /switching. w z� 5. Essential public facilities, except those uses specifically listed as permitted or z o conditionally permitted in any of the districts established by this title. U� ON 6. Hydroelectric and private utility power generating plants. o ww 7. Landfills and excavations which the responsible official, acting pursuant to the o State Environmental Policy Act, determines are significant environmental actions. w z. U= 8. Manufacturing, refining, or storing highly volatile noxious or explosive products o �- (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Railroad freight or classification yards. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 11. Transfer stations (refuse and garbage) when operated by a public agency. 12. Mass transit facilities. Section 59. Ordinance 1758, §1 (part), as codified at TMC 18.40.030, is amended as follows: Accessory Uses. Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Valley South, as follows: Group Homes final 10- 01.doc 31 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. Family child care home, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. Section 60. Ordinance 1872, §13, Ordinance 1830, §27, and Ordinance 1758, §1, as codified at TMC 18.40.080, are amended as follows: Basic Development Standards. Development within the Tukwila Valley South district shall conform to the following listed and referenced standards: TVS BASIC DEVELOPMENT STANDARDS Lot area per unit (multifamily, except senior citizen housing), minimum 2,000 sq. ft. Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1st Floor 10 feet 2nd Floor 20 feet 3rd Floor 30 feet Height, maximum 115 feet Group Homes final 10- 01.doc 32 +xaelmm axr: ksn !.i111t*n4M(LVNWAPDWF:MVPW!t morsonseramenews Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements • Front 15 feet; required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features subject to approval as a Type 2 special permission decision. • Sides None • Sides, if any portion of the yard is zvithin 50 feet of LDR, MDR, HDR 10 feet • Rear None • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off - street parking: • Residential (except senior citizen housing) See TMC 18.56, Off street Parking /Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area minimum • Retail 4 per 1,000 sq. ft. usable floor area minimum • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off - street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 61.. Ordinance 1865, §47, and Ordinance 1758, §1 (part), as codified at TMC 18.40.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Tukwila Valley South district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Conversions of rental multi- family structures to condominiums or owner - occupied multi - family housing, but excluding the construction of new condominium or owner - occupied multi- family housing. Group Homes final 10- 01.doc 33 4. Electrical substation - transmission /switching. 5. Essential public facilities, except those uses specifically listed as permitted, or conditionally permitted in any of the districts established by this title. 6. Hydroelectric and private utility power generating plants. 7. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. Railroad freight or classification yards. 10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 11. Transfer stations (refuse and garbage) when operated by a public agency. 12. Mass transit facilities. Section 62. A new residential parking requirement is hereby added to TMC Chapter 18.56, "Off Street Parking and Loading Regulations," as follows: Residential Parking Requirement. A. Two off - street parking spaces shall be provided for each dwelling unit which contains up to three bedrooms. One additional off - street parking space shall be required for every two bedrooms in excess of three bedrooms in a dwelling unit (i.e., four and five bedroom dwelling units shall have three off - street parking spaces, six and seven bedroom homes shall have four spaces, and so on). B. The Director shall have the discretion to waive the requirement to construct a portion of the off - street parking requirement if, based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due to a factor other than age. Such a study shall assure that ample parking is provided for residents who can drive, guests, caregivers and other persons who work at the residence. If such a waiver is granted, the property owner shall provide a site plan which demonstrates that, in the event of a change of use which eliminates the reason for the waiver, there is ample room on the site to provide the number of off - street parking spaces required by this Code. In the event that a change of use or type of occupant is proposed that would alter the potential number of drivers living or working at the dwelling, the application for change of use shall be conditioned on construction of any additional off - street parking spaces required to meet the standards of this Code. Section 63. Ordinance 1795, §3 (part), and Ordinance 1758, §1 (part), as codified at Figure 18 -7 of the TMC, are amended as follows: Figure 18 -7 - Required Number of Parking Spaces for Automobiles and Bicycles Use Automobile Standard Bicycle Standard Single- family and multi - family 2 for each dwelling unit that For multi-family, 1 space per 10 dwellings contains up to 3 bedrooms. parking stalls, with a minimum of 2 1 additional space for every 2 spaces. No requirement for single bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. family. Group Homes final 10- 01.doc 34 z w re JU 0 co o w= J H co LL, w 0 • ? co d =w z� 1- 0 z ►- w IA 0 0- 0I- w w. ..z U"/ U-= 0 z Senior Citizen Housing For 15 units or less, 1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units. 1 for each 4 fixed seats 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Churches, mortuaries and funeral homes Colleges, Universities, Vocational Schools and other post- secondary educational institutions Shall be determined by Planning Commission, based on an evaluation of information concerning traffic generated by proposed use. 1 space per 50 parking stalls, with a minimum of 2 spaces. Convalescent /nursing /rest homes 1 for every 4 beds with a minimum of 10 stalls 1 space per 50 parking stalls, with a minimum of 2 spaces. Food stores and markets 1 for each 300 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. High schools 1 for each staff member plus 2 for every 5 students or visitors 1 space per 50 parking stalls, with a minimum of 2 spaces. Hospitals 1 for each bed 1 space per 50 parking stalls, with a minimum of 2 spaces. Hotels and motels 1 for each room, plus one employee space for each 20 rooms, rounded to the next highest figure 1 space per 50 parking stalls, with a minimum of 2 spaces. Manufacturing 1 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Office, commercial and professional buildings, banks, dental and medical clinics 3.0 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Outdoor sports areas or parks Shall be determined by Planning Commission 1 space per 50 parking stalls, with a minimum of 2 spaces. Places of public assembly, including auditoriums, exhibition halls, community clubs, community centers, and private clubs The Director shall determine the number of required parking spaces, with a minimum of 1 space for every 100 square -feet of assembly area. To ensure parking adequacy for each proposal, the Director may consider the following: a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. 1 space per 50 parking stalls, with a minimum of 2 spaces. Post offices 3 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Public facilities, including libraries, police and fire stations Shall be determined by the Planning Commission 1 space per 50 parking stalls, with a minimum of 2 spaces. Restaurant 1 for each 100 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Restaurant, Fast food ' 1 for each 50 square feet of usable floor area. Fifty percent of any outdoor seating area will be added to the usable floor area for parking requirement calculations. 1 space per 50 parking stalls, with a minimum of 2 spaces. Retail Sales, Bulk 2.5 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Retail sales, General 4 for each 1,000 square feet of usable floor area if located within the TUC or TVS zoning districts; 2.5 for each 1,000 square feet of usable floor area if located in any other zoning district. 1 space per 50 parking stalls, with a minimum of 2 spaces. Elementary and Junior high schools 1.5 for each staff member 1 space per classroom Group Homes final 10- 01.doc 35 � on!y*4f�kvS:G�'} lye;" �V4 *'!"^'A•G�w+vX %!'d' +, {nirK,'.t Shopping center (mall), planned, per usable floor area size, as listed below 500,000 sq. ft. or larger 5 for every 1,000 sq. ft. 1 space per 50 parking stalls, with a minimum of 2 spaces. 25,000 — 499,999 sq. ft. 4 for every 1,000 sq. ft. 1 space per 50 parking stalls, with a minimum of 2 spaces. Taverns 1 for every 4 persons based on occupancy load. 1 space per 50 parking stalls, with a minimum of 2 spaces. Theaters 1 for every 4 fixed seats. If seats are not fixed, 1 per 3 seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy 1 space per 100 seats, with a minimum of 2 spaces. Warehousing 1 for every 2,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. Section 64. 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 65. 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 COUI TAIL OF THC ITY OF KWILA, WASHINGTON, at a Regular Meeting thereof this f . day of E� �.e rTU� , 2001. citexAa3 IV\ vadr- Steven M. Mullet, Mayor ATTEST/AUTHENTICATED: e E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the Cit Attorney FILED WITH THE CITY CLERK: /C)/ / / /D/ PASSED BY THE CITY COUNCIL: /010 / PUBLISHED: /t�� 7 /v/ / EFFECTIVE DATE: /o «/C2/ ORDINANCE NO.: /9 76 Group Homes final 10- 01.doc 36 v cwt .'+.'tielGaiLOALCri**4 . _`.:15'. Ufa :�/4�.1Gi.aL•:rUwlra:1[L.M3+•. ui..... City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Council of the Whole FROM: Steve Lancaster, DCD Director RE: Code amendments related to group homes and correctional facilities. DATE: October 10, 2001 A public hearing was held and staff had briefed the Council of the Whole on October 1, 2001, regarding proposed code amendments related to group homes and correctional facilities. It was decided to make some amendments to the proposed ordinance. The following changes have been" made: 1) Dormitories have been listed as an accessory use in commercial and industrial zones that allow churches, colleges, universities or schools. 2) Boarding homes have been deleted from the permitted use list in LDR zone. 3) The term convalescent and nursing homes is now used consistently in various zoning districts. In our current code convalescent and nursing homes category includes retirement homes in MDR, RCC and 0 zones. However there is no definition of retirement homes and they are considered under the definition of Senior Citizen housing. Thus the proposed ordinance has struck out these references to retirement homes. The ordinance incorporating these changes is attached for your review and staff is recommending its adoption at the Council meeting on October 15, 2001. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Section 1 -15 Summary of the Proposed Ordinance Definitions of Adult Family Home (repealed), Apartment house (repealed), Bed & Breakfast (revised), Multifamily Dwelling (revised), Single Family Dwelling (revised), Modular Home (added), Dwelling Unit (revised), Family (repealed), Family Child Care Home (revised), Home Occupation (revised), Boarding Home (added), Convalescent Center/Nursing Home (added), Correctional Institution (added), Dormitory (added), Shelter (added). Section 16-18 LDR zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Family ChildCare facility that is listed as accessory use to be allowed only if it is a licensed facility and includes provisions for safe passenger loading area. Bed and Breakfast for up to 12 residents and dormitories listed as Conditional`_ Uses. Section 19 -22 MDR zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Bed and Breakfast for up to 12 residents, boarding homes and dormitories listed as Conditional Uses. Reference residential parking standards in the development standards chart. Section 23 -26 HDR zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Section 27 -29 Bed and Breakfast for up to 12 residents, boarding homes and dormitories list -d.:as Conditional Uses. Reference residential parking standards in the development standards chart. MUO zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Dormitory listed as an accessory use. a Section 30 -34 Section 35 -38 Reference residential parking standards in the development standards chart. O zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Dormitory listed as an accessory use. , w Retirement homes under conditional use category deleted. 6 v 0 Correctional Institution owned and operated by the City is listed as co w w= unclassified use. Reference residential parking standards in the development standards chart. 2 ' RCC zone Clarify regulations regarding Family ChildCare facility that is listed as w accessory use. Dormitory listed as an accessory use. ~ _ z �. o. Retirement homes under conditional use category deleted. w ui 2 Delete Floor Area Ratio requirement. Reference residential parking standards : o cn; in the development standards chart. o f- WW 1- U o wz U =. O ~' z Section 39-41 NCC zone Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Dormitory listed as an accessory use. Reference residential parking standards in the development standards chart. Section 42-44 RC zone Adult Family Homes deleted from accessory uses list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Dormitory listed as an accessory use. Correctional Institution deleted from the unclassified use list. Reference residential parking standards in the development standards chart. Section 45-47 - RCM zone • Adult Family Homes deleted from accessory uses list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Dormitory listed as an accessory use. Reference residential parking standards in the development standards chart. Remove Correctional Institution from the Unclassified use list. Section 48 -50 TUC zone Adult Family Home deleted from accessory uses list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Dormitory listed as an accessory use. Reference residential parking standards in the development standards chart. Remove Correctional Institution from the Unclassified use list. Section 51 -52 C/LI zone Dormitory listed as an accessory use. Remove Correctional Institution from the Unclassified use list. Section 53 LI zone Dormitory listed as an accessory use. Section 54 HI zone Dormitory listed as an accessory use. Section 55 NIIC/L zone Dormitory listed as an accessory use. Section 56-57 MIC/H zone Dormitory listed as an accessory use. Add Correctional Institution to the Unclassified use list. Section 58 -60 TVS Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Dormitory listed as an accessory use. Reference residential parking standards in the development standards chart. Remove Correctional Institution from the Unclassified use list. P Section 61 Parking Chapter Add residential parking standards. �''�•" a�^�str- �sSA:+ir �re.r, ;;; ,.• .- .•,.v. ,..r .,. .. .. .......,... _...r.•. n. iaueC,.a,�dBi •5lativ.kittis: �3. �: �r%- .Scd:r6.�:'4w?a;2c3tii�i�,;�. pity of Tukwila • 6200 Southcenter Boulevard • Tukwila, Washington 98188 To: City Council From: Mayor Mullet QctMA`- Re: Appointment to Planning Commission Date: October 3, 2001 Steven M Mullet, Mayor I am pleased to submit the application of Margaret Bratcher. I am recommending that Ms. Bratcher fill the vacancy created by the resignation of Ms. Stetson. (You will remember that Ms. Stetson recently became employed in our Department of Community Development.) Ms. Bratcher's term in Position #2 will expire on March 31, 2002. I have also attached the Supplemental Questionnaire completed by Ms. Bratcher for your information. Unless I hear otherwise from members of the Council before October 9, 2001; I will invite Ms. Bratcher to the Regular City Council Meeting on Monday, October 15, 2001 to have her appointment confirmed. Thank you. /so encl. cf: Jane Cantu Steve Lancaster 5 Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833 z _� z. U0. 0. W= J F- W0 g a. a = H W =. F- 0 z w 2o 0 :O cn 0 F- - W F- U z'. ui UN _. 0 z b. City Jf Tukwila APPLICATION FOR APPOI I wish to be considered for appointment to the following board or commission: ❑ Arts Commission ❑ Board of Adjustment Civil Service Commission ❑ Highway 99 Task Force ❑ Human Services Board ❑ Library Advisory Board Community -Oriented Policing Citizens Advisory Board Name _ M arcs a reA- 1ara.6\e r • • 9:2' C;.! ❑ Park Commiisi�'r'C El Planning Commission ❑ Sister City Committee Economic Development Advisory Board Address: Please check all that apply to you within the Tukwila city limits: ® Resident ❑ Business owner /manager ❑ School district representative Present Employer 5 v e Mai enS. CCrti x• Phone: 2010 2dcb C: I,F;q • Zip Code x181.-8 • 121 Residential property owner Address: -; 3rOz ❑ Renter • ❑ High school student . Phone: 20 iO 3E5Cg In 1.5 3. Hobbies/Interests: 1,04)-41.4.2.) o ciawo - •d et)�� Have you previously served on one of the Boards or commissions above? ❑ Yes Please explain: Date available for appointment fou • Available to attend evening meetings E.t Yes ❑ No Daytime meetings? �0 Yes © No ova \ - Fr�dc, -y ` ackfr • (mastcridaAs7 • Approximately how many hours each month can you devote to City business? ® No Other Comments: an' Cur on ht.• b , ti.*.a•L C i:.52.1 cc. r '0 \ a•-, f:11_ AAACT■AN,A2A.a..k,k, kSrciA,Ati-“1-00- An applicant's political position has no bearing on his /her appointment to a board or commission. Availability is important; a time commitment is required Signature: Please return completed form to: Office of the Mayor 6200 Southcenter Boulevard Tukwila, Washington 98188 Date: C� a4� .�da I If you have questions regarding this application or would like more information about any of the City's boards and commissions, please call the Mayor's Office at 433 -1850. tn�;,n.,r.,....� ;.,a.n•:..r.. ,: .. , rr: ��uts:'t�':'tT:�rx:v.+tx�•:trnr { City of Tukwila Steven M. Mullet, Mayor Department of Community Development MEMORANDUM TO: Council of the Whole FROM: Steve Lancaster, DCD Director RE: Code amendments related to gro DATE: September 27, 2001 Background Steve Lancaster, Director \„t,`P ,s 4.0 • 0 �` l�� r W <U • `o ° o W _ F-- o u_ a co =a z� O. Z .w ui U� P-, ww 0. z w T. •o F-. z p homes and correctional facilities. Staff had briefed Council of the Whole on September 10, 2001, regarding proposed code amendments related to group homes and correctional facilities. It was decided to hold a public hearing on October 1, 2001 and some additional information was requested regarding the issues discussed below. Items for further discussion 1. Council had requested a list of zoning districts that currently allow churches, colleges and universities. This was requested in order to decide if dormitories should also be allowed in the zones that allow churches and schools since they are generally associated with churches and schools. The proposed ordinance defines a dormitory as a residential building or use that provides housing for students attending an affiliated school or housing for members of a religious order. The current code lists churches as a conditional use in all zones except MIC/L and MIC/H. It is listed as the conditional use in the following zones: LDR, MDR, HDR, MUO, 0, RCC, NCC, RC, RCM, TUC, C/LI, LI, HI and TVS. Colleges and Universities are listed as conditional uses in all commercial and industrial zones except RCC. They are listed as conditional uses in the MUO, 0, NCC, RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H and TVS zones. Schools or studios for education and self improvement are listed as permitted uses in all commercial and industrial zones -MUO, 0, RCC, NCC, RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H and TVS zones. If the Council decides to allow dormitories in commercial and industrial zones, they could be listed as an accessory use to a church, college or university. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 PReertRutirewr Group Homes and Correctional Facilities Page 2 of 2 tt 2. The second item that was not decided was whether to allow boarding homes in the LDR zone. The proposed ordinance lists dormitories and boarding homes as conditional uses in the LDR, MDR and HDR zones. There are no Federal Fair Housing Act issues associated with boarding homes and dormitories and it is simply Council's policy decision where these types of facilities should be allowed. One option may be to only allow boarding homes in the MDR and HDR zones and not in the LDR zone. The second option may be to list it as a conditional use in the LDR, MDR and HDR zones but to establish a limit on the number of residents in the LDR zone. 3. The third item that was left for further discussion was the parking standards for residential uses. The ordinance lists a requirement bf two off - street parking spaces for each dwelling unit, which has up to three bedrooms. One additional off - street parking space is required for every two bedrooms in excess of three bedrooms in a dwelling unit. If the Council feels that the parking standard should be increased, it can be changed to one additional off - street parking space for every bedroom in excess of three bedrooms in a dwelling unit. Also per the proposed ordinance, the Director shall have the discretion to waive the requirement to construct a portion of the off - street parking requirements if, based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due to a factor other than age. Such a study shall assure that ample parking is provided for residents who can drive, guests, caregivers and other persons who work at the residence. If such a waiver is granted, the property owner shall provide a site plan which demonstrates that, in the event of a change of use which eliminates the reason for the waiver, there is ample room on the site to provide the number of off - street parking spaces required by the Code. In the event that a change of use or type of occupant is proposed that would alter the potential number of drivers living or working at the dwelling, the application for change of use shall be conditioned on construction of any additional off - street parking spaces required to meet the parking standards. 4. Lastly, Councilmember Haggerton had asked if State Law required fences around play areas for family child care facilities. Department of Social and Health Services (DSHS) has requirements regarding outdoor play areas including minimum size requirements and fencing requirements. The proposed ordinance states that the facility shall be licensed by DSHS and shall meet all their requirements. Summary Staff will incorporate any revisions to the proposed ordinance that Council may suggest following the discussion related to the above listed items and after obtaining public input at the public hearing. Staff will then bring the ordinance for adoption at the next Council meeting. City of Tukwila Department of Community Development BACKGROUND REPORT The proposed ordinance is based on the following concepts: Group Homes Steven M. Mullet, Mayor Steve Lancaster, Director 1. Do not have a definition of family and no limit on the number of people living in a residence. Instead regulate the impacts associated with group living arrangements such as size of the structure and parking. 2. In the LDR zone limit the footprint of residential structures to regulate the bulk and size of such structures and to ensure the compatibility with existing residential homes. Code amendments pertaining to building footprint were adopted on September 17, 2001, as part of other miscellaneous code amendments. Building footprint shall be based on a sliding scale relative to the size of the lot. A residential structure could have twice or three times as much square footage as "footprint" (two or three story houses). The following table illustrates the maximum footprint calculations based on the formula in the ordinance. Size of lot (square feet) Max. Bldg. Footprint % Max. Bldg. Footprint (square feet) 3,000 (30'x100') Area defined by standard setback requirements ( 20'x70') 1,400 5,000 Area defined by standard setback requirement Varies depending on the shape of the lot up to a max. of 2,275 6,500 35% 8,000 33.125% _2,275 2,650 10,000 30.62% 3,062 12,000 28.125% 3,375 15,000 _ 24.38% 3,657 19,000- 32,670 4,000 32,670- 43,560 _ 5,000 Over 43,560 6,000 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206-431-3665 Group Homes and Correctional Facilities Page 2 of 3 3. Impacts such as parking should be regulated by requiring additional on -site parking spaces based on the number of bedrooms in a residential structure. Two off -street parking spaces shall be provided for each dwelling unit. One additional off -street parking space shall be required for every two bedrooms in excess of three bedrooms in a dwelling unit. The Director shall have the discretion to waive the requirement to construct a portion of the off -street parking requirement, if based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due a factor other than age. In the event that a waiver is granted, the owner must still show on a site plan that there is ample room on site to provide the number of off-street parking spaces in the event there is change of use or occupant. z = QQw • 6 JU O 0 cn J• = W• 0 u. Q 4. Regulate transitory housing such as Bed and Breakfast, boarding homes and dormitories, I w which are not generally an ADA issue, by separately defining them and having specific z '- criteria and process for their approval. Bed and Breakfast facilities are proposed as z o conditional uses in all residential zones provided 1) manager /owner lives on site, 2) the w w maximum number of residents at one time is twelve, 3) two on -site parking spaces for permanent residents and one additional on -site parking space for each bedroom rented to 0 customers, 4) the maximum length of stay is 14 days, 5) breakfast must be offered on -site w '— and all necessary permits obtained from the Health Department. Boarding homes and o dormitories are listed as conditional uses with no limit on the number of residents in all u_ o residential zones. wz U 5. Allow shelters for abuse victims and run away youth as a permitted use in LDR, MDR, HDR, z MUO and 0 zones. Minors below the age of 18 years fall under the federally protected class of `familial status' and are considered protected under Federal Fair Housing Act. 6. Define convalescent centers as residential facilities providing 24 -hour skilled nursing care. Allow these facilities for less than 12 patients in MDR, HDR and other commercial zones that allow some form of residential use. Convalescent centers for more than 12 residents are allowed in all commercial zones that allow some form of residential use. Correctional Institutions 1.. Create a definition of correctional institution that includes all facilities used for incarceration, confinement or detention of individuals including halfway houses for offenders who are required to live in such facilities as a condition of their release from correctional facility. 2. Allow correctional institutions in MIC/H, LI, 111 zones as unclassified use. Per State Law, correctional facilities are considered essential public facilities and no local comprehensive plan or development regulation may preclude the siting of essential public facilities. r v,,*M Kk _1 xttwtlT+'. e..nxn+n'mvoks.^Y!'irt=0312112Megiaa=632=0Mti ek7W: �•�• "•Yi . r:• Group Homes and Correctional Facilities Page 3 of 3 The following table summarizes the various types of facilities addressed in the proposed ordinance, the different zoning districts they will be permitted in and the process they will be subject to: Type of Facility Zoning District Process Any type of group living arrangement except for B &B, dorm, boarding home, shelter or correctional facility. Examples of these types of facilities include Adult family, home for physically or mentally disabled, Oxford houses for residents who are not under criminal justice system, Halfway houses for drug and alcohol rehab for residents who not under court order, halfway houses for juvenile offenders. It would be considered a residential use and permitted in LDR, MDR, HDR and other commercial zones that allow any form of residential use subject to meeting development standards of the underlying zone. Residential structures in LDR zone would be subject to maximum footprint regulations and revised parking standards. Permitted Bed and Breakfast up to 12 residents. LDR, MDR, HDR Conditional Use Dormitory LDR, MDR, HDR Conditional Use Boarding Home LDR, MDR, HDR Conditional Use Shelters for victims of abuse and runaway minors LDR, MDR, HDR, MUO, 0 Permitted Use Convalescent Center for less than 12 patients HDR, MUO, 0, NCC, RC, RCM, TUC, C/LI, TVS Permitted Use MDR, RCC Conditional Use Convalescent Center for more than 12 patients MUO, 0, NCC, RC, RCM, TUC, C/LI,TVS Conditional Use Correctional Facilities MIC/H, LI, HI Unclassified Use Summary of the Proposed Ordinance Section 1 -15 Definitions of Adult Family Home (repealed), Apartment house (repealed), Bed & Breakfast (revised), Multifamily Dwelling (revised), Single Family Dwelling (revised), Modular Home (added), Dwelling Unit (revised), Family (repealed), Family Child Care Home (revised), Home Occupation (revised), Boarding Home (added), Convalescent Center/Nursing Home (added), Correctional Institution (added), Dormitory (added), Shelter (added). Section 16 -18 '` >. LDR zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Family ChildCare facility thatis listed as accessory use to be allowed only if it is a licensed facility and includes provisions for safe passenger loading area. Bed and Breakfast for up to 12 residents, boarding homes and dormitories listed as Conditional Uses. Section 19 -22 MDR zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. ' Section 23 -26 Sectionn27 -29 Bed and Breakfast for .up to 12 residents, boarding homes and dormitories listed as Conditional Uses. Reference residential parking standards in the development standards chart. HDR zone Shelters listed as permitted use. 'Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Bed and Breakfast for up to 12 resident's, boarding homes and dormitories listed as Conditional Uses. Reference residential parking standards in the: development standards chart. MUO zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Reference residential parking standards in the development standards chart. z QH =z 6 ~.w JU O 0 N W -I _. w• 0: LQ 1 w z= ZO w n o. U o� w w. � U ..z 0 z City of Tukwila NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY, OCTOBER 1, 2001, BEGINNING AT 7:00 PM IN HE COUNCIL : CHAMBERS AT TUKWILA. CITY HALL, 6200 SOUTHCENTER BLVD, TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING: AN ORDINANCE AMENDING VARIOUS TUKWILA MUNICIPAL CODE SECTIONS RELATED TO ZONING AND PERMITTING FOR DIFFERENT FORMS OF HOUSING AND RELATED FACILITIES FOR PERSONS WITH DISABILITIES, A VARIETY OF GROUP HOMES AND CORRECTIONAL FACILITIES. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, ' DISAPPROVAL,: OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN STIMONY TO THE CITY CLERK'S OFFICE UNTIL 5:00 PM ON MONDAY, OCTOBER 1, 2001 THE . CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON OCTOBER 1st IF WE CAN BE OF ASSISTANCE (206 - -1800 OR TDD 206- 248 - 2933). DATED THIS % 7 DAY OF -2001. CITY OF TUKWILA JANE E. CANTU, CMC, CITY CLERK DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, SEPTEMBER 21, 2001 3 nn DF•ialiwah- Re: Notice for pub�icr" i -Group IiomeslCorrectionaf fac. c From: Jane Cantu To: Minnie Dhaliwal Date: 9/17/01 11:19AM Subject: Re: Notice for publication -Group homes /Correctional fac. Page 1; Minnie, Your public hearing notice has been sent to the newspaper for publication on Sept. 21st. Copies of hearing notice sent to individuals below as requested. »> Minnie Dhaliwal 09/14/01 12:31 PM »> Hi Jane, We'd like to schedule a City Council public hearing for group homes and correctional facilities on Oct 1. I understand Jack has talked to you about this. The notice for public hearing should include the following info: An ordinance amending various Tukwila Municipal Code sections related to zoning and permitting for different forms of housing and related facilities for persons with disabilities, a variety of group homes and correctional facilities. The notice also needs to be mailed to the following individuals who are parties of record: Monna Rose Seattle Union Mission 3800 South Othelo Seattle WA 98118 Linda Weems 14028 53rd Ave South Tukwila WA 98168 Kim Dolbs 5720 South 144th Street Tukwila WA 98168 Mark Thompson Cornell Corrections, Inc. 1811 Knoll Drive Ventura CA 93003 Thanks a lot for your help. I will be out of the office on Monday and if you have any questions you can talk to Jack. Thanks again. Minnie L c°zJ 0 3 2. I44TH ST. SITE o$ c' S 6 BASIN IE S. 144th ST. m Cd /2V 4 tc.. b 0 184.8 -'iii +; os39 Z W. 2 6 0 0 0: W I 2 u..a co d• 1— w z Z I-0 Z }— 111 uj 2p O -' IL W W co. U =. 0 ~' z mnie D- haCiwa(1- Answer to question z t day care center play areas Page 1 , From: Bob Johns < Johns @JMMLAW.com> To: "'jimhagg @earthlink.net "' <jimhagg @earthlink.net> Date: 9/11/01 11:26AM Subject: Answer to question about day care center play areas Dear Councilmember Haggerton: The answer to the question you asked is that DSHS licensed child care facilities are required to have a fenced and approved outdoor play area. Here is the text of the regulation. WAC 388 - 150 -320 Outdoor play area. (1) The licensee shall provide a safe and _sec rely- fenced or department- approved, enclosed outdoor la area (a) Adjoining directly the indoor premises; or (b) Reachable by a safe route and method; and (c) Promoting the child's active play, physical development, and coordination; and (d) Protecting the play area from unsupervised exit or entry by the child; and (e) Preventing child access to roadways and other dangers. (2) The licensee shall ensure the play area contains a minimum of seventy -five usable square feet per child. If the center uses a rotational schedule of outdoor play periods so only a portion of the child population uses the play area at one time, the licensee may reduce correspondingly the child's play area size. The licensee shall ensure appropriate child grouping by developmental or age levels, staff -to -child ratio adherence, and group size maintenance. (3) At its discretion, the department may approve the licensee providing drop -in care only or operating in a densely developed area to use equivalent, separate, indoor space for the child's large muscle play. (4) The licensee providing full -time care shall ensure the center's activity schedule affords the child sufficient daily time to participate actively in outdoor play. (5) The licensee shall provide a variety of age appropriate play equipment for climbing, pulling, pushing, riding, and balancing activities. The licensee shall arrange, design, construct, and maintain equipment and ground cover to prevent child injury. The licensee's quantity of outdoor play equipment shall offer the child a range of outdoor play options. I hope this answers your question. If you have other questions, please let Minnie, Jack or me know. Bob Johns Johns Monroe Mitsunaga 1500 114th Avenue SE, Suite 102 Bellevue, WA 98004 425 -467 -9960 425 -451 -2818 (fax) johns @jmmlaw.com CC: "Jack Pace (E- mail)" <jpace @ci.tukwila.wa.us >, "Minnie Dhaliwal (E- mail)" <mdhaliwal @ci.tukwila.wa.us> z �z w —I C.) 00 co 0 cn w J =. H u- w0�-, J w< =• d H =. z f-. I— O. Z F— • o 0 o W W U. z' U 2 z • TO: FROM: RE: DATE: Background City of Tukwlla Steven M. Mullet, Mayor Department of Community Development MEMORANDUM Steve Lancaster, Director Council of the Whole Steve Lancaster, DCD Directo Code amendments related to gr up homes and correctional facilities. September 5, 2001 The moratorium that was originally established on February 22, 2000, on correctional facilities and similar land uses was extended by the City Council on August 6, 2001, until February 22, 2002. The moratorium was established to provide an opportunity to review, research and resolve complex code issues related to siting of community treatment centers for prisoners, correctional facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities, group homes of various types and similar land uses. In response to this moratorium staff researched the different policy options to address these wide variety of facilities. Attached is a handout prepared by Washington State Community, Trade and Economic Development that summarizes different issues related to regulating group homes and various applicable State and Federal laws. Council of the Whole (COW) was briefed last February on some of these policy options. Since then Planning Commission has held five work sessions and a public hearing and have forwarded their recommendations for your review. At the last Council briefing, the following policy options were discussed: • Establishing a limit of six residents in Low - Density Residential (LDR) zone. Minors living with at least one parent were not counted towards the maximum number of residents. Creating two categories of group homes, one with a limit of six residents that was to be allowed in LDR zone and the second category with no limit on the number of residents was proposed to be allowed wherever multifamily is permitted. • Creating a separate category for correctional institutes that would includes facilities such as community treatment centers for prisoners, pre - release centers and limited security detention facilities. These facilities were proposed to be limited to areas that were not within 1000 feet of residential zones; or within Y2 mile of any school; or within 1000 feet of a public park, trail, recreational facility, place of worship or any library. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 ,.,,,,.M,,,rx:�•Nraz ��;y�!tJS, =,restslors:�r�vr; • Group Homes and Correctional Facilities Page 2 of 5 Planning Commission's Recommendations Planning Commission decided not to limit the number of people living in a residence, instead it was decided to address the impacts generated by group living arrangements. Planning Commission's recommendations are incorporated in the attached ordinance. The proposed ordinance is based on the following concepts: A. Group Homes 1. Do not have a definition of family and no limit on the number of people living in a residence. Instead regulate the impacts associated with group living arrangements such as size of the structure and parking. 2. In the LDR zone limit the footprint of residential structures to regulate the bulk and size of such structures and to ensure the compatibility with existing residential homes. Code amendments pertaining to building footprint were discussed at the September 4, 2001, COW as part of other miscellaneous code amendments. Regulating the building footprint shall be based on a sliding scale relative to the size of the lot. A residential structure could have twice or three times as much square footage as "footprint" (two or three story houses). The following table illustrates the maximum footprint calculations based on the formula in the ordinance. Size of lot (square feet) Max. Bldg. Footprint % Max. Bldg. Footprint (square feet) 3,000 (30'x100') area defined by standard setback requirements ( 20'x70') 1,400 5,000 area defined by standard setback requirement Varies depending on the shape of the lot up to a max. of 2,275 6,500 35% 2,275 8,000 33.125% 2,650 10,000 30.62% 3,062 12,000 28.125% 3,375 15,000 24.38% 3,657 19,000- 32,670 4,000 32,670 - 43,560 5,000 over 43,560 6,000 3. Impacts such as parking should be regulated by requiring additional on -site parking spaces based on the number of bedrooms in a residential structure. Two off - street parking spaces shall be provided for each dwelling unit. One additional off - street parking space shall be required for every two bedrooms in excess of three bedrooms in a dwelling unit. The Director Group Homes and Correctional Facilities Page 3 of 5 shall have the discretion to waive the requirement to construct a portion of the off -street parking requirement, if based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due a factor other than age. In the event that a waiver is granted, the owner must still show on a site plan that there is ample room on site to provide the number of off -street parking spaces in the event there is change of use or occupant. 4. Regulate transitory housing such as Bed and Breakfast, boarding homes and dormitories, which are not generally an ADA issue, by separately defining them and having specific criteria and process for their approval. Bed and Breakfast facilities are proposed as conditional uses in all residential zones provided 1) manager /owner lives on site, 2) the maximum number of residents at one time is twelve, 3) two on -site parking spaces for permanent residents and one additional on -site parking space for each bedroom rented to customers, 4) the maximum length of stay is 14 days, 5) breakfast must be offered on -site and all necessary permits obtained from the Health Department. Boarding homes and dormitories are listed as conditional uses with no limit on the number of residents in all residential zones. 5. Allow shelters for abuse victims and run away youth as a permitted use in LDR, MDR, HDR, MUO and 0 zones. Minors below the age of 18 years fall under the federally protected class of `familial status' and are considered protected under Federal Fair Housing Act. 6. Define convalescent centers as residential facilities providing 24 -hour skilled nursing care. Allow these facilities for less than 12 patients in MDR, HDR and other commercial zones that allow some form of residential use. Convalescent centers for more than 12 residents are allowed in all commercial zones that allow some form of residential use. B. Correctional Institutions 1. Create a defuiition of correctional institution that includes all facilities used for incarceration, confinement or detention of individuals including halfway houses for offenders who are required to live in such facilities as a condition of their release from correctional facility. 2. Allow correctional institutions in MIC/H, LI, HI zones as unclassified use. In light of recent court case involving Tacoma and Department of Corrections, it was decided to specifically list them in these zones instead of establishing any locational criteria based on distance from residential zones, schools, parks and trails. Such locational criteria were determined arbitrary by the Growth Management Hearing Board. Per State Law, correctional facilities are considered essential public facilities and no local comprehensive plan or development regulation may preclude the siting of essential public facilities. r Group Homes and Correctional Facilities Page 4 of 5 The following table summarizes the various types of facilities addressed in the proposed ordinance, the different zoning districts they will be permitted in and the process they will be subject to: Type of Facility Zoning District Process Any type of group living arrangement except for B &B, dorm, boarding home, shelter or correctional facility. Examples of these types of facilities include Adult family home for physically or mentally disabled, Oxford houses for residents who are not under criminal justice system, Halfway houses for drug and alcohol rehab for residents who not under court order, halfway houses for juvenile offenders. It would be considered a residential use and permitted in LDR, MDR, HDR and other commercial zones that allow any form of residential use subject to meeting development standards of the underlying zone. Residential structures in LDR zone would be subject to maximum footprint regulations and revised parking standards. Permitted Bed and Breakfast up to 12 • residents. LDR, MDR, HDR Conditional Use Dormitory LDR, MDR, HDR Conditional Use Boarding Home LDR, MDR, HDR Conditional Use Shelters for victims of abuse and runaway minors LDR, MDR, HDR, MUO, 0 Permitted Use Convalescent Center for less than 12 patients HDR, MUO, 0, NCC, RC, RCM, TUC, C/LI / 7 VC Permitted Use MDR, RCC Conditional Use Convalescent Center for more than 12 patients MUO, 0, NCC, RC, RCM, TUC, C/LI , Iv 5 Conditional Use Correctional Facilities MIC/H, LI, HI Unclassified Use Summary The ordinance based on the above listed concepts is attached for your review. Also attached is a summary of the ordinance. The next step prior to adoption of the ordinance is to hold a public hearing for the proposed amendments. If Council deems it appropriate staff can schedule a public hearing for October 1, 2001. `1 c�� GROUP HOMES IN WASHINGTON STATE QUESTIONS AND ANSWERS Group homes are identified in the Growth Management Act (GMA) as a type of essential public facility and as a type of affordable housing. Local governments are required to provide for group homes in the housing element of their comprehensive plans. Washington's Department of Community, Trade and Economic Development (CTED) and Department of Social and Health • Services (DSHS) provide technical assistance to communities with questions about group homes. The questions that follow represent those asked by local governments. The two departments have developed this question and answer format to assist communities developing local plans and regulations that apply to group homes. The information provided is intended to give you general guidance on how growth management and fair housing laws apply. You should obtain legal advice before drafting specific ordinances. If you have further questions, please contact growth management staff at CTED 360- 753 -2222 or DSHS staff at 360 -902 -8164. Question: What is the definition of a "group home" and what constitutes group homes? Answer: The term group home applies to many types of residences. Usually the term is used for homes where the residents live and receive care or supervision. Residents pay a monthly fee that includes rent and care services. Often, a state agency licenses the home. It can include residences where the care is provided either by resident staff or non - resident staff. The term can also apply to residences with unrelated persons with a common disability, such as an Oxford House. These homes are not licensed by state agencies. Examples of group homes include: Adult family homes. DSHS licenses family homes that provide specialized care and support to adults. Adult family homes may have up to six residents. Providers of the services either live in the home or are employed to work at the home. Boarding homes. These may be small homes or larger facilities. They are licensed by DSHS for three or more residents who need assistance in their daily living. Attachments: A. Handout prepared by Washington State Community, Trade and Economic Development that summarizes different issues related to regulating group homes and various applicable State and Federal laws. Summary of the proposed ordinance Orford Houses. A group of adults recovering from alcohol or substance abuse rent these residences together. The group setting allows people to pool their resources and provide peer support for their recovery. Some group homes provide care.for children. Children live in group homes for a variety of reasons. They may be in a group home because they require specific care needs due to a disability. Others are placed in group homes because their parents are unable or unwilling to care for them, they are dependent as a result of abuse or neglect, or they are homeless. Others have committed a juvenile offense and are screened and placed in a group home as preparation for their return to the community. Some children are place in foster care.homes. F.oster family homes are not considered group homes by statute and are specifically recognized as single family residences. Question: What role does the state have in regulating group homes, and to what extent can local governments regulate group homes or adult care facilities? Answer: The Legislature has given state agencies responsibility to license and inspect certain types of group homes. DSHS is responsible for licensing and inspection of adult family homes, foster and group care homes for children, and boarding homes. The Department of Health (DOH) is responsible for licensing residential treatment facilities for adults, including adult residential treatment facilities. In some facilities licensed by DOH, DSHS is responsible for certification of the care and treatment programs. State responsibilities include defining criteria for eligible providers, reviewing applications from providers, inspecting homes for licensing and for continued compliance with licensing requirements, and investigating complaints and determining sanctions, including closure of homes that do not meet program or licensing requirements. The state agencies license facilities independently of zoning requirements. It is the responsibility of providers to determine zoning regulations that apply to their situation. Local governments must comply with state and federal laws that may preempt their ability to put special zoning requirements on a group care facility. See: RCW 36.70A.410 (Growth Management Act); RCW 70.128.140 (Adult Family Homes); 42 USC 3604 (Federal Fair Housing Act as amended); RCW 49.60.222 -225 (Washington Laws Against Discrimination). 1� z ar- � W. 00 0 w =. J�.. N u. w0. Li.a =d ?r z° w uj 0 O- 1— w uj V. z'. W U =. 0E- z Question: Does state law preempt cities or counties from regulating adult family homes regulated under RCW 70. 128 if no residents of the home are involved in the operation of the home? Answer: Yes. RCW 70.128.140 states that each adult family home shall meet applicable licensing, zoning, building, housing, and fire and safety codes as they pertain to a w cc 2 single- family residence. The definition of adult family homes contained in RCW 70.128.010 includes homes that operated by non - resident providers. Other state _1 o and federal laws also limit local government regulation of homes in which N cn w persons with disabilities reside. See: RCW 49.60.222(2)(b), Washington Laws J against discrimination; RCW 36.70A.410 Growth Management Act; 42 USC N LL 3604 Federal Fair Housing Act as amended. w o < co Question: What is a recommended definition of "family" that is appropriate for w zoning codes and land use regulations since this might impact group homes ordinance? I- O w ~` Answer: The following definition is used by some communities: "A group of individuals n o not necessarily related by blood, marriage, or legal custody, living together in a o -. dwelling unit as a single housekeeping unit under a common housekeeping w management plan based on an intentionally structured relationship providing 0 organization and stability." o j z I -- Question: What are the limits of the Federal Fair Housing Act on cities' ability to z regulate group homes? Answer: The Fair Housing Act prohibits discrimination because of race, color, religion. sex, handicap, familial status, and national origin. All group homes, because they are used as residences, count as a "dwelling" under the federal Fair Housing Act (FHA) and the Washington Law Against Discrimination. This means that the prohibition against discrimination applies. These protections apply against discriminatory zoning laws, land use restrictions, or restrictive covenants. Most adults and children in most group homes would qualify as disabled under the FHA and the Washington Law Against Discrimination. In addition, a recent federal court in Washington state ruled that children in group care facilities also meet the definition of "familial status." The FHA and the Washington Law Against Discrimination impose three separate restrictions or requirements: 3 z, • They prohibit discrimination on the basis of race, color, religion, sex, handicap, familial status, and national origin. • They restrict policies or practices that may not be intended to discriminate but have a discriminatory and restrictive effect that cannot be adequately justified .= z by a legitimate local purpose. 0 • They require "reasonable accommodation" in rules, policies, practices, or w o services that may be necessary to permit a handicapped person the opportunity w = to equally enjoy a residence of his or her choice. A local government must waive or modify a rule, policy, practice, or service if a request for such accommodation is made by or on behalf of a disabled person, the requested accommodation "may be necessary" to the person's "equal opportunity to use u. and enjoy a dwelling," and the requested accommodation is "reasonable." = The law does not provide a formula for defining what requests would be Z LLI reasonable. Instead the law requires an individualized assessment based upon O the facts of each particular request. Just because a request would impose a w financial or administrative cost does not make it unreasonable. Generally, a o request is reasonable if it does not impose an "undue" financial or o cn`, administrative burden and does not require a fundamental change in the o programs or systems of the person or entity considering the request, = v ti A required accommodation may not oblige the local government to revoke or z repeal a rule or policy. It could require waiving or modifying a rule to v accommodate a specific request. p H The law of reasonable accommodation is meant to require an active effort to listen to a disabled person's request, to understand his or her needs, and to explore reasonable ways to accommodate those needs. For this reason, at a minimum, local governments would be prudent to have processes in place to receive such requests and to insure that they give the requests appropriate consideration. Question: To what extent is housing for those currently under the jurisdiction of the criminal justice system protected under state and federal laws (for example, work release living arrangements or transitional housing where the person may still be reporting to someone)? Do they fall within the group home category? Answer: Fair housing laws do not mention persons who are under the jurisdiction of the criminal justice system. Restrictions on such persons because of their criminal status, therefore, would not directly raise fair housing issues.. However, such persons, like any others, may also be disabled or in other ways may be protected 4 \3 „ ........n rw.e .r...w. . rw..WCS”Mn4Y%S9F7 �4�.. z by the FHA. Restrictions that are discriminatory on prohibited grounds or that have an unjustified discriminatory effect would violate the FHA. Certain state laws address community facilities that house Department of Corrections (DOC) inmates. RCW 72.65.210 -220 requires DOC and their vendors to work with local governments to develop siting policies and participate in public notification processes. The GMA requires local governments to develop a.plan for identifying and locating facilities that are difficult to site. In addition, local governments may not preclude the siting of essential public facilities (RCW 36.70A.220). Essential public facilities would include Group homes that are not otherwise protected under other fair housing laws.. Question: Is housing for those who have previously been under the jurisdiction of the criminal justice system protected (for example, group homes for those who have served their time and are not currently reporting to the criminal justice system)? Answer: We are not aware of group homes established solely for persons who were formerly under the jurisdiction of the criminal justice system. Thus, if a person is in a group home based on a disability or other protected status, they would be covered by fair housing laws Question: Our definition of "family" allows up to eight unrelated individuals. Is this a good approach? If not, what should the number of unrelated individuals allowed be and why? Answer: Jurisdictions have taken many approaches to defining families, including putting a numerical limit on the number of unrelated persons. To the extent that the limit of eight unrelated persons has the effect or intent of restricting housing for persons with disabilities or other protected classes, its application against a group home could violate the Federal Fair Housing Act and the Washing.ton Laws Against Discrimination. The City of Edmonds refused to grant an exception to its regulation limiting the number of unrelated individuals in a house. The Supreme Court found that occupancy limits were subject to review under the Fair Housing Act to the extent that they treated unrelated persons differently than families (City of Edmonds v. Oxford House, 115 S. Ct. 1776, 1995). In addition, the GMA states: "No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals..." (RCW 36.70A.410). If an ordinance quantifies the number of persons who compose a family, you might consider a process for reasonable accommodation discussed above. .. :r,•:�n .: �,::vr:'.. . s::% : r;*', <A G''^;t rt!+ It?ATNi7S't,..r 5 Question: In our primarily single- family neighborhoods, most group homes are treated as families and allowed outright. is this a good approach? If not, what is a better approach? Answer: This is a good approach. It recognizes that group homes are community assets for their citizens. Most studies conclude that group homes do not present problems of crime, property devaluation, or neighborhood disruption. Instead, they provide necessary care and supervision for citizens who would otherwise be without supervision. You may want to review the restrictions you have on the group homes that are not allowed outright and make sure that the restrictions do not prohibit persons within protected classes of the fair housing laws. Local governments still have the same regulatory and police authority available for problems that may arise in group homes and other residences. These include nuisance and criminal laws, laws governing appearance of property, maintenance, and required building to lot size ratios. Most group homes are also subject to licensing standards, and problems can be brought to the attention of the licensing authority. Question: Does a jurisdiction have to have the same standards for all group homes? Can there be different development standards, such as dispersion, for group homes with youthful offenders or transitional populations? Or, can an incentive app /y for a group home to be located in a particular area, such as within a certain neighborhood plan area where there are a variety of services or within a certain distance from a designated neighborhood center? Answer: Again, whether or not a group home is protected under fair housing laws depends on the whether the residents are within a protected class described by the law. Children who are under the jurisdiction of the state, including youthful offenders, have been included in the Fair Housing Act's definition of "familial status." See The Children's Alliance et al. v. The City of Bellevue, 95 F. Supp. 1491, (1997). For residents of homes who are within a protected class, methods such as dispersion used to restrict a person's opportunity to enjoy a dwelling could violate fair housing laws. There should be no problems with incentives. However, if the incentives are combined with restrictions in other residential areas, the ordinances could violate fair housing laws. In 1998, the Legislature passed a bill that addresses siting of group homes for youthful offenders. E2SSB 6445 requires DSHS to establish procedures for community involvement when siting juvenile rehabilitation administration C. \1 z ¢• =z 6 re w 2 00 co o �� al u. • a z= o w~ U• a o ff' 0 1- w w. • U 0. wz U -' 0• z community facilities. The law requires DSHS to establish a public process to be followed by the department and its vendors when establishing or relocating group homes. The process includes public meetings and opportunity for written comment in communities considered for group home placement. In addition. the department is to coordinate its planning and notification efforts with the local jurisdiction. z _1- 6 �w u � Question: How can a jurisdiction deal with public notice for certain types of J homes which require a low profile or secrecy as part of their siring o o process, an example being a facility for abused women and children? w z J �. Answer: You might consider modifying or waiving the public notice requirement. It is not w o necessary to go through a public hearing process for this type of home. Most 2 communities recognize the need for allowing such homes as a permitted use in all g a. residential areas. _� i z� Question: Do group homes have to be allowed anywhere a residential use is zo allowed? A specific instance is second story residential in a mixed -use ? o building. o cn. o I-- Answer: Absent specific health and safety concerns, group homes that house persons = 0 protected under fair housing laws should not be prohibited within a residential LL o. area. As discussed in question one, many group homes require licensing. State z licensing requirements might require ground floor bedrooms or have other o requirements that would restrict a provider's ability to license a group home on a p 1— second story residential setting. Not all residents in group homes would have z health or safety considerations that would restrict their location. Question: What resources and /or contacts are available from Washington state to aid local jurisdictions in successfully tracking the location of the frequently moving group homes or residential care centers? Answer: Most licensing information is public record. Within DSHS, you should contact the division within your region and ask them for a list of licensed homes. SJ.�•:wR`:IlwFit� ��':F` %t�: iii•%!' �J_ 9�i: il. rv�.iEi:.:.�'�C1'l:+l��f%n'.ull' — 7 Question: Could we, as a local entity, impose licensing /location requirements on residential home care facilities? Concentration of such facilities continues to be a concern in certain neighborhoods. There must be something that local jurisdictions can do outside the scope of the Fair Housing Act. ; Answer: The Legislature delegated licensing of group home facilities to state agencies. v o Lawsuits challenging a local government's dispersal and location requirements o: have generally been successful. Courts have stated that generalized, w w unsubstantiated community fear is an improper basis for regulating group homes. N wo Question: Given federal fair housing laws, how can we limit the units and /or u.. persons so that the project is "compatible" with its surrounding area = d (for example, r -2 zoning district)? i. Z �.. Answer: A group home should comply with the standards set for a given neighborhood, w o such as set backs and bulk and height limits. While there may be obligations to ? o: make reasonable accomtnodation to address a particular need, such as allowing o N. for wheel chair ramps or addressing a size restriction, the structure should be 0 compatible with the surrounding area and follow rules that apply to other = w residences. • p O z: U -, H H Question: Given federal fair housing laws, how can we limit the type of group p homes going into an area. For example, how could we allow projects z. for the mentally ill and /or developmentally disabled, but not allow projects for criminal halfway houses? Answer: As of this date, we are unaware of case law that brings adult correctional work release facilities under the protection of federal or state fair housing laws. While jurisdictions may not preclude essential public facilities, such as work release facilities, they can set up processes for siting this type of group home. 8 1� Section 1 -14 Section 15 -18 Section 19 -22 Section 23 -26 eZi 1. Summary of the Proposed Ordinance Definitions of Adult Family Home (repealed), Apartment house (repealed), Bed & Breakfast (revised), Multifamily Dwelling (revised), Single Family Dwelling (revised), Dwelling Unit (revised), Family (repealed), Family Child Care Home (revised), Home Occupation (revised), Boarding Home (added), Convalescent Center (added), Correctional Institution (added), Dormitory (added), Shelter (added). LDR zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Family ChildCare facility that is listed as accessory use to be allowed only if it is a licensed facility and includes provisions for safe passenger loading area. Bed and Breakfast for up to 12 residents, boarding homes and dormitories listed as Conditional Uses. Reference residential parking standards in the development standards chart. MDR zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Bed and Breakfast for up to 12 residents, boarding homes and dormitories listed as Conditional Uses. Reference residential parking standards in the development standards chart. HDR zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Bed and Breakfast for up to 12 residents, boarding homes and dormitories listed as Conditional Uses. Reference residential parking standards in the development standards chart. Section 27 -25 Section 29 -31 Section 32 -34 Section 35 -36 MUO zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. O zone Shelters listed as permitted use. Adult Family Homes deleted from accessory use list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Jails owned and operated by *the City are listed as unclassified use. RCC zone Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Delete Floor Area Ratio requirement. Reference residential parking standards in the development standards chart. NCC zone Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Section 37 -38 RC zone • Adult Family Homes deleted from accessory uses list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Correctional Facility deleted from the unclassified use list. Section 39 RCM zone Adult Family Homes deleted from accessory uses list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Section 40 TUC zone Adult Family Home deleted from accessory uses list. Clarify regulations regarding Family ChildCare facility that is listed as accessory use. Section 41 RCM zone Remove Correctional Institution from the Unclassified use list. Section 42. TUC zone Remove Correctional Institution from the Unclassified use list. Section 43 C/LI zone Remove Correctional Institution from the Unclassified use list. Section 44 MIC/H zone Add Correctional Institution to the Unclassified use list. Section 45 TVS Remove Correctional Institution from the Unclassified use list. Section 46 Parking Chapter Add residential parking standards. 90, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS TUKWILA MUNICIPAL CODE SECTIONS RELATING TO ZONING AND PERMITTING FOR DIFFERENT FORMS OF HOUSING AND RELATED FACILITIES FOR PERSONS WITH HANDICAPS AND DISABILITIES AND FOR A VARIETY OF CORRECTIONAL FACILITIES; REPEALING TUKWILA MUNICIPAL CODE SECTIONS 18.06.030, 18.06.040, 18.06.295, AND 18.06.330; ADDING NEW SECTIONS TO TUKWILA MUNICIPAL CODE CHAPTERS 18.06, 18.10, AND 18.46; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila desires to implement RCW 36.70A.410, which requires the City to treat residential housing for persons with handicaps no differently than residential housing for families or other unrelated individuals; and • WHEREAS, the City of Tukwila desires to implement RCW 36.70A.450, which requires that the City permit family day -care provider's home facilities, subject to certain restrictions intended to mitigate the potential impacts of such facilities and provide for the safe and proper operation of such facilities; and WHEREAS, the City of Tukwila desires to implement RCW 36.70A200 related to essential public facilities by recognizing the City's obligation to make provision for such facilities while regulating the location of correctional facilities so as to allow such uses in a manner intended to mitigate the potential impacts of such facilities and provide for the proper and safe operation of such facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1758, §1 (part), as codified at TMC 18.06.030, is hereby repealed. Section 2. Ordinance 1758, §1 (part), as codified at TMC 18.06.040, is hereby repealed. Section 3. Ordinance 1758, §1 (part), as codified at TMC 18.06.065, is amended as follows: Bed and breakfast lodging: "Bed-and-breakfast lodging" means an owner- occupied dwelling unit that contains guest rooms where lodging, with or without mcals, is provided for compensation. Section 4. Ordinance 1758, §1 (part), as codified at TMC 18.06.250, is amended as follows: Dwelling, multi - family. "Multi- family dwelling" means a building designed to contain two or more dwelling units. • _ - . _ • .. Duration of tenancy in multi- family dwellings is not less than one month. Group Homes, etc. 9- 01.doc 1 • • Section 5. Ordinance 1758, §1(part), as codified at TMC 18.06.255, is amended as follows: Dwelling, single - family. "Single- family dwelling" means a building or modular home, dctached residential dwelling unit other than a mobile or manufactured home, designed to contain no more than one dwelling unit plus one accessory dwelling unit. for and Section 6. A new definition is hereby added to TMC Chapter 18.06 as follows: Modular home. "Modular home" means a factory -built residential structure, transportable in one or more sections, which meets the rectuirements of the Uniform Building Code. Section 7. Ordinance 1758, §1 (part), as codified at TMC 18.06.260, is amended as follows: Dwelling unit. "Dwelling unit" means the whole of a building or a portion thereof providing complete housekeeping facilities for a group of individuals living together as a single residential community, with common cooking, eatingand bathroom facilities other than transitory housing or correctional facilities as defined in this code, which is ene fad physically separated from any other dwelling units which may be in the same structure. Section 8. Ordinance 1758, §1(part), as codified at TMC 18.06.295, is hereby repealed. Section 9. Ordinance 1758, §1 (part), as codified at TMC 18.06.300, is amended as follows: Family child care home. "Family child care home" means a "family day -care provider" as defined in RCW 74.15.020: a state - licensed facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children, including children who reside at the home, within an age range of birth through 11 years, exclusively for periods less that 24 hours per day. An off - street parking space shall be made available for any non - resident employee. Section 10. Ordinance 1758, §1(part), as codified at TMC 18.06.430, is amended as follows: Home occupation. "Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on by a resident of the dwelling place; provided, that: 1. There shall be no change in the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupations shall not create a nuisance; 4. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot; 5. The business involves no more than one person who is not a resident of the dwelling and 6. An off - street parking space shall be made available for any non - resident employee. Section 11. A new definition is hereby added to TMC Chapter 18.06 as follows; Group Homes, etc. 9- 01.doc 2 • Boarding house. "Boarding house" means a residential building or use which provides housing on a short term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels and motels, shelters, and facilities which provide short- or long -term care for tenants suffering from physical, mental or other disabilities. Section 12. A new definition is hereby added to TMC chapter 18.06 as follows: Convalescent home. "Convalescent,home" means a residential facility, such as a hospice, offering twenty -four (24) hour skilled nursing care for patients suffering from an illness, or receiving care for chronic conditions, mental or physical disabilities or alcohol or drug detoxification, excluding correctional facilities. Care may include in- patient administration of special diets, bedside nursing care, and treatment by a physician or psychiatrist. Section 13. A new definition is hereby added to TMC Chapter 18.06 as follows: Correctional institution. "Correctional institution" means: "public and private facilities providing for 1. the confinement of adult offenders, or 2. the incarceration, confinement or detention of individuals arrested for or convicted of crimes whose freedom is partially or completely restricted other than a jail owned and operated by the City of Tukwila, 3. the confinement of persons undergoing treatment for drug or alcohol addictions whose freedom is partially or completely restricted, or 4. transitional housing, such as halfway houses, for offenders who are required to live in such facilities as a condition of sentence or release from a correctional facility. Section 14. A new definition is hereby added to TMC Chapter 18.06 as follows: Dormitory. "Dormitory" means a residential building or use which provides housing for students attending an affiliated school or housing for members of a religious order. Dormitories may include kitchens, cafeterias, meeting rooms, laundry rooms and other accessory facilities to serve the residents of the facility. Section 15. A new definition is hereby added to TMC Chapter 18.06 as follows: Shelter. "Shelter" means a building or use providing residential housing on a short -term basis for victims of abuse and their dependents, or a residential facility for runaway minors (children under the age of 18). Section 16. Ordinance Nos. 1865, §5 and 1758, §1 (part), as codified at TMC 18.10.020, are amended as follows: Permitted uses. The following uses are permitted outright within the LDR district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Dwelling - One detached single - family dwelling titiit per lot (includes factory built or modular home that meets UBC). 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial is required. • 3. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 3 . Group Homes, etc. 9- 01.doc z Q1- =z `~ w orb - 0 O 0 w L1J- )_ U) u_ w0, g¢ w z� �o zt— uj O • N 0 I- w W • o w z O~ z • • • • • • • • • • • • 4. In Commercial Redevelopment Are, (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. 5. Shelters. Section 17. Ordinance 1758, §1(part), as codified at TMC 18.10.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the LDR district. 1. Adult day care . 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the pepartment of Social and Health Services Office of Child Care Policy and shall provide safe passenger a loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. Section 18. Ordinance 1758, §1(part), as codified at TMC 18.10.040, is amended as follows: Conditional Uses. The following uses may be allowed within the LDR district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title: Group Homes, etc. 9- OL.doc 4 15 AIti [S.: ••• • NYS liVf • t!..4.flRi3:S� (41(+.��4ki'il �L'� • • • .f • • 1 Cemeteries and crematories. 2. Churches and community center buildings. 3. Electrical substations - distribution. 4. Fire and police stations. 5. Libraries, museums or art galleries (public). z 6. Schools, preschool, elementary, junior and senior high schools (public), and ~ w equivalent private schools. a: = JU 7. Radio, television, microwave, cellular or observation stations and towers. district. u) o cnw 8. Recreation facilities (public) including, but not limited to, sports fields, community } centers, and golf courses. N wO, 9. Bed and breakfast facilities, provided: < a. the manager /owner must live on -site, co d w b. the maximum number of residents, either permanent or temporary, z t=-- at any one time is twelve, ZO U 0 OLo CI H. L11 H U. u-O co ..z w U--- O~ c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, days, . d. the maximum length of continuous stay by a guest is fourteen (14) e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 10. Dormitories. 11. Boarding houses. Section 19. Ordinance 1758, §1 (part), as codified at TMC 18.10.060, is amended as follows: Basic development standards. Development within the LDR district shall conform to the following listed and referenced standards: Group Homes, etc. 9- OL.doc 5 z LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 6,500 sq. ft. Average lot width (min. 20 ft. street frontage width), minimum 50 feet Ft - - - - 50 %maximum ., _ - - Setbacks to yards (minimum): • Front, 1st floor 20 feet •Front, 2nd floor 30 feet •Front, decks or porches 15 feet • Second front, 1stfloor 10 feet • Second front, 2nd_ floor 15 feet • Sides 5 feet • Rear 30 feet Height, maximum 30 feet Off - street parking: • Residential ° *•'welli� unit See TMC 1836, Off - street Parking/Loading Regulations. • Accessory dwelling unit See Accessory Use section of this chapter. _ • Other uses See TMC 18.56, Off - street Parking/Loading Regulations. • t' Section 20. Ordinance Nos. 1865 (part) and 1758, §1 (part), as codified at TMC 18.12.020, are amended as follows: Permitted Uses. A. The following uses are permitted outright within the Medium Density district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Dwelling - One detached single- family dwelling unit per lot. (includes factory . _.. . .._. • ... • . .. - . -1 _ 2. Dwelling- Multi - family duplex, triplex, or fourplex units. 3. Shelters. 34. Animal veterinary, including associated temporary indoor boarding access to an arterial required. 4 5. Day care centers. 5 6. Public parks, trails, picnic areas and play - grounds, but not including amusement parks, golf courses, or commercial recreation. B. In Commercial Redevelopment Areas 1, 2, and 4 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. Section 21. Ordinance 1758, §1 (part), as codified at TMC 18.12.030, is amended as follows: Accessory. Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Medium Density Residential district. Group Homes, etc. 9- 01.doc 'U 6 ._........- ....,.,5,E 1. Adult day care and adult family homes. 2. Accessory dwelling unit, provided: a. Minimum lot of 7,200 square feet; b. Accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. Dwelling unit is incorporated into the primary detached single- family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. Minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet, and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above - mentioned animals shall be allowed on the same lot. Section 22. Ordinance 1758, §1(part), as codified at TMC 18.12.040, is amended as follows: Conditional Uses. The following uses may be allowed within the Medium Density Residential district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. facilities, provided: the manager /owner must live on -site, Bed and breakfast b. the maximum number of residents, either permanent or temporary, at any one time is twelve, Group Homes, etc. 9- 01.doc 7 • {• • • c. two on -site parking spaces 1. the owner and permanent residents and one additional on -site .arkin s.ace is .rovided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is fourteen (14) days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 2. Cemeteries and crematories. 3. Churches and community center buildings. 4. Convalescent, nursing and retirement homes for not over 12 patients. 5. Manufactured/mobile home park, meeting the following requirements: z ■ _e- f- W Ce 2 UO CO W -� 1-- w0 gaD. a. the development site shall comprise not less than two contiguous acres; cwn a H =. b. overall development density shall not exceed eight dwelling units per acre; z t-0. c. vehicular access to individual dwelling units shall be from the interior of the W u park; and ? o' U d. emergency access shall be subject to the approval of the Tukwila Fire :m Department. w w. � • U O. ..z O N 0 6. Electrical substations - distribution. 7. Fire and police stations. 8. Libraries, muse»ms or art galleries (public). 9. Radio, television, microwave, cellular or observation stations and towers. 10. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 11. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. 12. Dormitories. 13. Boarding houses. Section 23. Ordinance 1758, §1 (part), as codified at TMC 18.12.070, is amended as follows: Basic Development Standards. Development within the Medium Density Residential district shall conform to the following listed and referenced standards: Group Homes, etc. 9- 01.doc :nm!!vlat�s 8 •4 • • • • MDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. Lot area per unit (multi - family) 3,000 square feet Average lot width (min. 20 ft. street frontage width), minimum 60 feet Setbacks to yards (minimum): • Front, 1st floor 15 feet • Front, 2nd floor 20 feet • Front, 3rd floor 30 feet • Second front,lst floor 7.5 feet • Second frorzt, 2nd floor 10 feet • Second front, 3rdfloor 20 feet (30 feet if adjacent to LDR) • Rear, lstfloor 10 feet •Rear, 2nd floor 20 feet •Rear, 3rdfloor 20 feet (30 feet if adjacent to LDR) Height, maximum 30 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling /Solid Waste Space requirements chapter for further requirements. • Front 15 feet - Sides 10 feet • Rear 10 feet Development coverage 50% maximum Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off- street parking: •Residential 2-per-ding-mot See TMC 1836, Off - street Parking/Loading Regulations. •Accessory dwelling unit See Accessory Use section of this chapter. • • Other uses See TMC 18.56, Off - street Parking /Loading Regulations. Section 24. Ordinance 1865, §13, Ordinance 1830, §2, and Ordinance 1758, §1 (part), as codified at TMC 18.14.020, are amended as follows: Permitted Uses. A. The following uses are permitted outright within the High Density Residential 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. Convalescent and nursing homes for not more than 12 patients. 3. Day care centers. 4. Manufactured /mobile home park, meeting the following requirements:. a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and • Group Homes, etc. 9- O1.doc 9 z ,. Wiz. ce w. 6 JU U0 U) = E- U) LL. w0 U. ?. c I a. w z� Zo LU uj U� O N. o t- w w. ~O .z U= O~ z d. emergency access shall be subjrto the approval of the Tukwila Fare Department. 5. Dwelling - One detached single - family dwelling unit per lot. (inc1udeg a ct built or modular home that meets UBC). 6. Dwelling - multi- family eencla�s. 7. Shelters. 8. Libraries, museums or art galleries (public). 9. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. • - - • B. In Commercial Redevelopment Area 3 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in the BAR chapter of this code, TMC 18.60.060. Section 25. Ordinance 1758, §1(part), as codified at TMC 18.14.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and dearly incidental to such permitted use, are allowed within the High Density Residential district. 1. Adult day care . 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, . d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy as and shall provide a safe passenger loading zone. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Parking areas. 7. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. Section 26. Ordinance 1758, §1 (part), as codified at TMC 18.4.040, is amended as follows: Conditional Uses. The following uses may be allowed within the High Density Residential district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and Breakfast lodging. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, Group Homes, etc. 9- 01.doc • 10 b. the maximum number of resid J, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking` space is provided for each bedroom rented to customers . d. the maximum length of continuous stay by a guest is fourteen (14) days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 2. Cemeteries and crematories. 3. Churches and community center buildings. 4. Electrical substations - distribution. 5. Fire and police stations. 6. Radio, television, microwave, cellular or observation stations and towers. 7. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. • 8. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. 9. Dormitories. 10. Boarding houses. Section 27. Ordinance 1830, §3, and Ordinance 1758, §1 (part), as codified at TMC 18.14.070, are amended as follows: Basic Development Standards. Development within the High Density Residential district shall conform to the following listed and referenced standards: Group Homes, etc. 9- 01.doc 3 1. 11 z ' '-z. Ce u� o 00 cn �w w =. u- w 0, u- co _` z� I- o z 1--; n o' O -, o E-- w w'. 0. t— w z; 07 —_ 0 f- Z HDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 9,600 sq. ft. Lot area per unit (multi - family) 2,000 square feet Average lot width (min. 20 ft. street frontage width), minimum 60 feet Setbacks to yards (minimum): • Front, 1st floor 15 feet • Front, 2nd floor 20 feet • Front, 3rd floor 30 feet • Front, 4th floor 45 feet • Second front, 1st floor 7.5 feet • Second front, 2nd floor 10 feet • Second front, 3rd floor 15 feet • Second front, 4th floor 22.5 feet • Sides, 1st floor 10 feet • Sides, 2nd floor 20 feet • Sides, 3rd floor 20 feet (30 feet if adjacent to LDR) • Sides, 4th floor 30 feet • Rear, 1st floor 10 feet • Rear, 2nd floor 20 feet • Rear, 3rd floor 20 feet (30 feet if adjacent to LDR) • Rear, 4th floor 30 feet Height, maximum 45 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements. • Front 15 feet • Sides 10 feet • Rear 10 feet Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off - street parking: • Residential (except senior citizen housing) 2-per-dlliag-tait See TMC 1856, Off - street Parking /Loading )emulations. • Accessory dwelling unit See Accessory Use section of this chapter. • Other uses See TMC 18.56, Off - street Parking/Loading Regulations. Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 822,'Noise, and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental imuacts have been adequately mitigated. Section 28. Ordinance 1830, §5, Ordinance 1814, §2 (part), and Ordinance 1758, §1 (part), as codified at TMC 18.16.020, are amended as follows: Group Homes, etc. 9- 01.doc 12 V. • • • • • Perm. .d Uses. The following uses are permitte,..,utright 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. Computer software development and similar uses. 7. Convalescent and nursing homes for not more than 12 patients. 8. Day care centers. 9. Dwelling - One detached single- family dwelling untt per lot. (includes factory 10. Dwelling - Multi - family units above office and retail uses. 11. Dwelling - Senior citizen housing as a free - standing use subject to additional requirements. 12. Shelters. 13. Financial, banking, mortgage, and other services. 1314. Fraternal organizations. 1415. High tech uses including research and development, light assembling, repair or storage of electronic equipment, instruments, or biotechnology with at least 35% office. 1516. Laundries: a. self service b. dry cleaning c. tailor, dyeing 1617. Libraries, museums or art galleries (public). 4718. Medical and dental laboratories. 1819. 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 d. professional e. administrative f. business, such as travel, real estate g. commercial 19 20. Outpatient, inpatient, and emergency medical and dental commercial services. 20 21. Parking lots or garages for private passenger cars (public). 24 22. Public parks, trails, picnic areas and play - grounds but not including amusement parks, golf courses, or commercial recreation. 22-23. Recreation facilities (commercial - indoor) - athletic or health clubs. 23 24. Restaurants, including cocktail lounges in conjunction with a restaurant. 2425. 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. 25 26. 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). 26 27. Schools and studios for education or self- improvement. 27 28. Studios - art, photography, music, voice and dance. 28 29. Telephone exchanges. 29 30. 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 3 3 c. consistent with the policies of the Tukwila Comprehensive Plan. Group Homes, etc. 9- 01.doc F . —..N. rxlm•wK w*' ,C.fiN.Vv ,,N..t.kl..ft 1can'xYM ..•■•■••- . .a•N:r'CYr, 13 z • w L 00 N 0 J= w0 g LL< �a =w F- z� �--o zt- w 0 0 -. 01- wW U. O w z U= O~ z • .A� Section 29. Ordinance 1758, §1 (part), as codified at TMC 18.16.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Mixed - Office Use district. 1. Adult day care . 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single- family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Parking areas. Section 30'. Ordinance 1830, §8, Ordinance 1814, §2 (part), and Ordinance 1758, §1 (part), as codified at TMC 18.18.020, are amended as follows: Permitted Uses. The following uses are permitted outright within the Office district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Beauty or barber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer software development and similar uses. 5. Convalescent and nursing homes for not more than 12 patients. 6. Day care centers. 7. Dwelling - One detached single - family dwelling unit per lot. (includes factory built or modular home-that meets UBC). 8. Shelters. 8 9. Financial, banking, mortgage, other services. 910. Fraternal organizations. 4811: High -tech uses. including research and development, light assembling, repair or storage of electronic equipment, instruments, or biotechnology with at least 35% office. Group Homes, etc. 9- 01.doc ter.+"- ..z ^J�Zr M'e�ktsnits:� ..t:ax .*i ...'a:r];ne• +x,IAVIV.7i 'm:9.,7itua . 3 14 hxy 12. Laundries: a. self service b. dry cleaning c. tailor, dyeing 1213. Libraries, museums or art galleries (public). 4314. Medical and dental laboratories. 1415. 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 4516. Outpatient, inpatient, and emergency medical and dental commercial services. 4617. Parking lots or garages for private passenger cars (public). 4718. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 1319. Recreation facilities (commercial - indoor) athletic or health clubs. 4420. Restaurants, including cocktail lounges in conjunction with a restaurant. 2A 21. 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). • 2122. Schools and studios for education or self improvement. 2223. Studios - art, photography, music, voice and dance. 23 24. Telephone exchanges. 2425. 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. 32 Section.31.Ordinance 1758, §1 (part), as codified at TMC 18.18.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Office district. 1. Adult day care . 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and • f. the units are not sold as condominiums. Group Homes, etc. 9- 01.doc 15 • 3. Family child care homes, provide: le facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. Section 32. Ordinance 1865, §20; Ordinance 1816, §1, and Ordinance 1758, §1 (part), as codified at TMC'18.18.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Office district, subject to the requirements, procedures and conditions established by TMC 18.66, Unclassified Use Permits. 1. Landfills and excavations which 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. -. -fails operated by the City of Tukwila. 8 9. 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 with the policies of the Tukwila Comprehensive Plan. 1, �� r, ., Section 33 Ordinance 1758, §1 (part), as codified at TMC 18.20.020, is amended as follows: 7 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 arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer software development and similar uses. 5. Day care centers. 6. Dwelling - One detached single - family dwelling unit per lot. (includes factory 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 two stories of the building or basement and floor above, including: ' • a. medical•, b. dental; 3 ( • Group Homes, etc. 9- 01.doc 16 c. government; excluding fire and polio, _ations; 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 electronics, 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 Tukwila Comprehensive Plan. 31, Section 34. Ordinance 1758, §1(part), as codified at TMC 18.20.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Residential Commercial district. 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; . b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Family child care homes„_provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 3. Home occupations. 4. Parking areas. 5. Recreational area and facilities for employees. 6. Residences for security or maintenance personnel. 5� Section -35: Ordinance 1872, §3, and Ordinance 1758, §1 (part), as codified at TMC 18.20.080, are amended as follows: Group Homes, etc. 9 -01.doc 37 17 • • • Basic Development Standards. Development within the Residential Commercial Center district shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum 5,000 sq. ft. Lot area per unit (multi- family), minimum 3,000 square feet 50Xmaximum Setbacks to yards (minimum): •Front 20 feet • Second front 10 feet •Sides 5feet • Sides, if any portion of the yard is within 50 feet of LDR,_MDR or HDR 10 feet • Rear 10 feet Height, maximum 45 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -style seating and similar features, subject to approval. See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements. • Front 20 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR or HDR 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR or HDR 10 feet Recreation space • • 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off-streetparking: • Residential 2- nit per -dwell See TMC 18.56, Off - street Parking/Loading Regulations. • Accessory dwelling unit See Accessory Use section of this chapter. • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off - street Parking/Loading Regulations. Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 822, 'Noise', and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section .3 . Ordinance 1830, §11, Ordinance 1814, §2 (part), and Ordinance 1758, §1 (part), as codified at TMCi822.020, are amended as follows: 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. • Group Homes, etc. 9- 0I.doc 18 z =Z C4 2 6 m . .1 U 00 U J w • 0 • gQ a w t--= z� �0 zr- o O co — 0 I-- uj ~- z ui • =' O ~ z • • 1. Animal veterinary, including associate,. ..tmporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allowed; 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 slaughtering); 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 unit per 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. High -tech uses including research and development, light assembling, repair or storage of electronic equipment, instruments, or biotechnology with at least 35% office. 20. Laundries: a. self - serve; b. dry cleaning; c. tailor, dyeing. 2L Libraries, museums or art galleries (public). 22. 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; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. Group Homes, etc. 9- 01.doc trier . i w•21.9 '�si'%1yd{;u" <hV%:.,u•...... 19 z • = J." z w Ce J U' U 0'. U U.1_ Nw wO 2 ga =0 z= f- zo w Ca U O -- Wul U O w z. =. O~ z • 23. Outpatient, inpatient, and emergency .dical and dental. 24. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf course, or commercial recreation. 25. Plumbing shops (no tin work or outside storage). 26. Recreation facilities (commercial - indoor) athletic or health clubs. 27. Restaurants, including cocktail lounges in conjunction with a restaurant. 28. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/ building materials, lawn and garden supplies, farm supplies. 29. 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. 30. Schools and studios for education or self improvement. 31. Studios - art, photography, music, voice and dance. 32. Telephone exchanges. 33. Theaters, excluding "adult entertainment establishments ", as defined by this Code. 34. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 35. Other uses not spedfically 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. 3\ Section.37: Ordinance 1758, §1 (part), as codified at TMC 18.22.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Neighborhood Commercial district. 1. Billiard or pool rooms. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single- family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Horne occupations. 5. Parking areas. Group Homes, etc. 9- 01.doc ‘A 0 20 1- to 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 'NL-C cllz.J Section -38: Ordinance 1758, 51 (part), as codified at TMC 18.24.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial district. 1. Adult day care . 2. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 3. Parking areas. 4. Recreational area and facilities for employees. 5. Residences for security or maintenance personnel. vt.L Section .39. Ordinance 1865, 529, and Ordinance 1758, 81 (part), as codified at TMC 18.24.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Regional Commercial district, subject to the requirements, procedures and conditions established by TMC 18.66, Unclassified Use Permits: 4 Correctional institutions. 21. Essential public facilities, except those specifically listed as a permitted, conditionally permitted or unclassified use in any of the districts established by this title. 3 2: Hydroelectric and private utility power generating plants. 43. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. S 4. Mass transit facilities. n .� �e.�o , L1:3 - • ! (�l� cc� ri c�y ,.._li..� ,� . �l stet -) u.- cps-0 Section 401 Ordinance 1758, 51 (part), as codified at TMC 18.26.030, is amended as follows: • Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial Mixed Use district. 1. Adult day care ernes. 2. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 3. Home occupation. • 4.- Parking areas. Group Homes, etc. 9- 01.doc 21 1CiW. .. .[ k1. P1 >IMrM!.YM�4.A1'M41TI..MM+CiS.' .....-• ne. nw'. webm•+ LMJMM' OP. 9tNS. nn: h.. a:!' 1WR�7. �.'lkR.9m7:•i(R^�!.Nil'M'6n.�^1 P:a.�1 • 5. Recreational area and facilities for ern, /ees. C 6. Residences for security or maintenance pr onnel. rN SectionA•7. Ordinance 1758, §1(part), as codified at TMC 18.28.030, is amended as follows: Accessory Uses. The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Urban Center district. 1. Adult day care . 2. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 3. Home occupation. 4. Parking areas. 5. Recreational area and facilities for employees. 6. Residences for security or maintenance personnel. - ti .114 c Section 42,",,,Ordinance 1865, §33, and Ordinance 1758, §1 (part), as codified at TMC 1826.050, are amaled as follows: ermitted Use The following uses may be allowed within the Regional Commercial Mixed Use • s c , subject to the requirements, procedures and conditions established by TMC 18.66. 1. Conversions of rental multi - family structures to condominiums or owner - occupied multi- family housing, but excluding the construction of new condominium or owner - occupied multi- family housing. 2: 32. Essential public facilities, except those uses specifically listed as permitted or conditionally permitted in any of the districts established by this title. 4 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. i6 5. Mass transit facilities. Section 43. Ordinance 1865, §35, and Ordinance 1758, §1 (part), as codified at TMC 18.28.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Tukwila Urban Center district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites.) • • 2. Conversions of rental multi - family structures to condominiums or owner - occupied multi - family housing, but excluding the construction of new condominium or owner - occupied multi - family housing. Group Homes, etc. 9 -01.doc 'Lk:2R 22 .4.1 1,151ittlt,t, a . • •: Correctional institutions. 43. Essential public facilities, except those uses specifically listed as permitted or conditionally permitted in any of the districts established by this title. 5 4. Hydroelectric'and private utility power generating plants. 65. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 7 6. Mass transit facilities. Section .44: Ordinance 1758, §1 (part), as codified at TMC 18.30.050, is amended as follows: Unclassified Uses. The following uses may be allowed within the Commercial Light Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 43. Essential public facilities, except those uses specifically listed as permitted or conditionally permitted in any of the districts established by this title. 5 4. Hydroelectric and private utility power generating plants. 65. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 76. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 87. Mass transit facilities. Section ."4.5: SOrdinance 1865, §45, and Ordinance 1758, §1 (part), as codified at TMC 18.38.050, are amended as follows: Unclassified Uses. The following uses may be allowed within the Manufacturing Industrial Center /Heavy Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Electrical substation - transmission/switching. 4. Essential public facilities, except those uses specifically listed as permitted or conditionally permitted in any of the districts established by this title. 5. Hydroelectric and private utility power generating plants. ' 6. • Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. \ 3 Group Homes, etc. 9- 01.doc 23 • 7. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 8. Railroad freight or classification yards. 9. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. z 10. Transfer stations (refuse and garbage) when operated by a public agency. f- w cc 2 11. Mass transit facilities. \,p-�.�; r-b w, . 0 0 ,..: 1 o co N S nt Correcti_� nal faciiitie co =. •S �J�y enf - ' "1 g Section -�46. Ordinance 1865, §47, and Ordinance 1758, §1 (part), as codified at TMC co u~.. 3 18.40.050, are amended as follows: 5 La u) 4 _: Z I- L Airports, landing fields and heliports (except emergency sites). z 0 • •' • • :R r. 0 Unclassified Uses. The following uses may be allowed within the Tukwila Valley South district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 2. Cement manufacturing. 3. Conversions of rental multi- family structures to condominiums or owner- occupied multi - family housing, but excluding the construction of new condominium or owner- occupied multi - faintly housing. 4: 6 4. Electrical substation - transmission/switching. 65. Essential public facilities, except those uses specifically listed as permitted, or conditionally permitted in any of the districts established by this title. 76. Hydroelectric and private utility power generating plants. 37. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 98. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 409. Railroad freight or classification yards. 4410. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 4211. Transfer stations (refuse and garbage) when operated by a public agency. 4312. Mass transit facilities. •• - \`S Section47. A new residential parking requirement is hereby added to TMC Chapter 1 "P1/13----Plartned- Residential Development, "as follows: Group Homes, etc. 9- O1.ddc l` 24 z 1 Residential Parking Requirement. A. Two - street parking spaces shall be provided for each dwelling unit in th 4DR, MD and HDR"District hich contains up to three bedrooms. One additional off - street parking-space shall.be -requi a for every two bedrooms in excess of three bedrooms in a dwelling unit (i.e., four and five bedroom dwelling units shall have three off - street parking spaces, six and seven bedroom homes shall have four spaces, and so on). B. The Director shall have the discretion to waive the requirement to construct a portion of the off - street parking requirement if, based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due to a factor other than age. Such a study shall assure that ample parking is provided for residents who can drive, guests, caregivers and other persons who work at the residence. If such a waiver is granted, the property owner shall provide a site plan which demonstrates that, in the event of a change of use which eliminates the reason for the waiver, there is ample room on the site to provide the number of off - street parking spaces required by this Code. In the event that a change of use or type of occupant is proposed that would alter the potential number of drivers living or working at the dwelling, the application for change of use shall be conditioned on construction of any additional off - street parking spaces required to meet the standards of this Code. z }-w o:2 ...1 U 00 0) o J = U) u_ wo, �Q z d. 1--w Section 48: Severability. If any section, subsection, paragraph, sentence, clause or z H phrase of this ordinance or its application to any person or situation should be held to be invalid E- 0 or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or w w unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. 0 0 co O— Section 49. Effective Date. This ordinance or a summary thereof shall be published in w w the official newspaper of the City, and shall take effect and be in full force and effect five (5) days i v after passage and publication as provided by law. u_ ~O z PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a v co Regular Meeting thereof this day of , 2001. 1 O z Steven M. Mullet, Mayor ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Group Homes, etc. 9- 01.doc 25 CITY OF TUKWILA PLANNING COMMISSION WORKSESSION MINUTES March 22, 2001 The worksession was called to order by Vern Meryhew at 7:00 p.m. Attendance was taken. Present: Chair, Vern Meryhew, Vice - chair, David Livermore, and Commissioners, Kathryn Stetson, Bill Arthur, Henry Marvin, Kirstine Whisler, and George Malina. Representing City Staff: Jack Pace, Minnie Dhaliwal, and Wynetta Bivens. Minnie Dhaliwal gave background on the moratorium for Correctional Facilities and Group Homes, which was adopted over a year ago. Staff is asking the Planning Commission to give their recommendation for a definition for these facilities and where they will be allowed, before briefing the City Council. Bob Johns, an attorney representing the City, presented legal background on why some code changes are being proposed. He explained the rules and regulations that the City is dealing with. He also explained the Federal Fair Housing Act issues and the Growth Management Act issues. Mr. Johns stated the cm-rent code needs to be brought up to compliance with the Fair Housing Act. Proposed code amendment: 1. Change the definition of family to limit the maximum number related or unrelated individuals to six. Minors living with at least one parent will not be counted as part of the maximum number of residents. There was lots of discussion regarding this recommendation. Several suggestions were made, but no agreements. Discussion will continue on this issue. 2. Limit correctional institutions to an Unclassified Use in the MIC/H, MIC/L TVS, LI and HI zones. Bob Johns addressed the criteria and requirements for group homes to be located in multi - family zones. The Commission had the opportunity for Bob Johns to address some of the questions raised from the Design Review case at the Public Hearing in March, regarding pedestrian access to 160th. Mr. Johns addressed the reasons why mitigation would not be recommended. Adjourned at 7:10 PM The worksession resumed after the Public Hearing adjourned, at 7:50. There was discussion on Correctional Facilities, and it was determined that correctional facilities should not be permitted in MIC/L and TVS zones because of proximity to residential zones. In multifamily zones, the City is required by federal law to treat group homes for people with disabilities similar to other multifamily development. If group home residents occupy an existing building in multifamily zone, no permits would be required. If they occupy a new building it would have to go before the Planning Commission as a Design Review issue. Development regulations and restrictions must be similar to those that are applied to apartments. • kr Worksession Page 2 Action Items for staff 1. The Planning Commission requested staff provide them with a copy of the Uniform Building Code and the Housing Ordinances as to the density issue. • " 2. Provide more information on Oxford, a non - profit organization in the Puget Sound Region. Q HZi W �: The discussion on group homes continued. There was no conclusion on this discussion. It was determined another 2 worksession should be scheduled for April 3`d. J v U O' co CI U) W W Z: WO„ -71. u. < D. a Z H, I— O'. Z 1- W L11 U� D H ltl! U Ljz U co O Adjourned at 8:55 PM Respectfully Submitted Wynetta Bivens Administrative Secretary CITY OF TUKWILA PLANNING COMMISSION WORKSESSION MINUTES APRIL 3, 2001 The worksession was called to order by Vern Meryhew at 6:00 p.m. Attendance was taken. Present: Absent: Chair, Vern Meryhew, Vice - chair, David Livermore, and Commissioners, Kathryn Stetson, Henry Marvin, Kirstine Whisler and George Malina. Bill Arthur Representing City Staff: Steve Lancaster and Minnie Dhaliwal. Steve Lancaster opened the worksession to discuss the issues with regulating Group Homes. The issues related to Correctional Facilities were finalized at the previous worksession. After lots of discussion the consensus was that the Commission did not want to regulate how many people could live in a house. They prefer to leave things the way they are currently, but they agreed they should regulate any impacts that are created by a large number of people living in a house. It was agreed that after staff reviews the issues and concerns raised by the Commission, they will provide the Commission with their suggestions on what, if anything they need to do, regarding regulating Group Homes. They will change the definition of family and eliminate the numerical limit. There was discussion on if there would be parking impacts associated with group homes and what regulations were required to address those impacts. There was also a concern expressed regarding illegal boarding homes. The other issue discussed was how could we regulate a very large house that detracts from the residential character of the neighborhood. There was also consensus that the Commission is ready for Bob Johns to attend the next worksession, on April 26, 2001. Steve stated he would also like to close the loop, and get back to the Commission on some of the other issues on the books. Also determine how successful they will be in future years, in terms of enforcing them, and whether there are some things that need to be done to tune them up. Meeting Adjourned at 8:00 PM Respectfully submitted Wynetta Bivens Administrative Secretary 48. CITY OF TUKWILA PLANNING COMMISION WORKSESSION MVMINUTES April 26, 2001 The worksession was called to order by Vern Meryhew at 6:10 p.m. Attendance was taken. Present: Chair, Vern Meryhew, Vice - chair, David Livermore, and Commissioners. Kathryn Stetson, Bill Arthur, Henry Marvin, and Kirstine Whisler Representing City Staff: Steve Lancaster, Minnie Dhaliwal, and Leslie Gordon Absent: George Malina. Steve Lancaster discussed different options to address the impacts of group homes. as recommended by the Planning Commission at the previous worksession, instead of limiting the number of people living in a house. The three areas that were discussed regarding regulating impacts of group homes were; limiting size of residential structures, setting standards for maximum impervious surface, and establishing parking regulations for group homes. He also passed out some definitions for terms such as household and dwelling unit. Steve discussed the different options for regulating the size of residential structures: establish 5,000 square feet as the maximum size, establish a sliding scale based on lot size. or require design review for structures over a certain size. Bob Johns talked about limiting the maximum size of residential structures, he also mentioned how King County limits the maximum size of a house to 10,000 square feet. Any structure larger than 10,000 square feet is subject to a Public Hearing. However, they do not have any code criteria to regulate such structures. David Livermore discussed impervious surface and establishing a sliding scale based on the size of the lot. He suggested that the standard impervious surface for a 6,500 square foot lot would be fifty percent, and the percentage could be decreased by one -half percent for each additional 1,000 square foot lot area. Bob Johns stated drainage regulations might also limit the amount of impervious surface. There was discussion on limiting the amount of time cars are parked on city streets. However, it was decided that it could be an enforcement problem. The decision was, to establish minimum parking requirements for group homes. For example: require vwo parking spaces for three bedrooms plus one additional space for every bedroom in excess of three. Steve stated staff will comeback with more specific regulations related to parking, impervious surface, and size of house. Meeting Adjourned at 7:05 p.m. Respectfully submitted Leslie Gordon Administrative Clerk y `l i • re 2i •00 co 0. J H wo� �a cf'a �w z� z0 .D D • N. O F- w us • cy II O .z 0 -. z CITY OF TUKWILA PLANNING COMMISSION WORKSESSION MINUTES JUNE 14, 2001 The worksession was called to order by Vern Meryhew at 6:10 p.m. Attendance was taken. Present: Chair, Vern Meryhew, Vice - chair, David Livermore, and Commissioners, Bill Arthur and George Malina. Absent: Kathryn Stetson, Henry Marvin, and Kirstine Whisler Representing City Staff: Jack Pace, Minnie Dhaliwal, and Wynetta Bivens. BILL ARTHUR MADE A MOTION TO ADOPT THE WORKSESSION MINUTES FROM MAY 24, 2001. DAVID LIVERMORE SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED. Minnie gave an overview of the memo sent to the Commission, regarding the four previous worksessions, on grouphomes and correctional facilities. She stated using comments that the Commission had made at previous worksessions, staff and•Bob Johns worked on details for the bigger concepts. She suggested going through each concept that staff and Bob Johns came up with, to determine whether the Commission thought they should be refined, or come up with some other ideas. Attorney Bob Johns stated walking the Commission through each of the concepts of the memo would help to determine whether the proposed concepts are worth including in the ordinance. If staff can obtain a sense of direction from the Commission, it will be possible for staff and Bob Johns to return with a proposed ordinance, at the next worksession. Since the Commission agrees with the concepts, with some revisions: the next step is for Staff and Bob Johns to present a proposed draft ordinance, at the worksession on July 26th. The Commission will receive a draft ordinance separated into two parts, one for technical changes and a summary of changes. Meeting Adjourned at 7:20 PM Respectfully submitted Wynetta Bivens Administrative Secretary PLANNING COMMISSION WORKSESSION JULY 26, 2001 The worksession was called to order by Vern Meryhew at 6:00 p.m. Attendance was taken. Present: Chair, Vern Meryhew, Vice Chair, David Livermore, Commissioners: Bill Arthur, Kathryn Stetson, Kirstine Whisler, and George Malina. Absent: Henry Marvin Representing City Staff: Jack Pace, Minnie Dhaliwal, Nora Gierloff, and Wynetta Bivens. KATHRYN STETSON MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM JUNE 28, 2001. BILL ARTHUR SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED. Nora Gierloff addressed cul -de -sac standards; she went over the documentation provided by Nick Olivas, which the Commission requested at the June 28th worksession. Fire Chief Keefe answered questions for the Commission on the cul -de -sac issue. The consensus of the Commission was to strike the smaller cul -de -sac standard for single family and have only one standard in the subdivision code, 92 ft. of R.O.W. and 81 ft of paving. Also in residential development areas they would like to see landscape Islands. The Islands are not mandatory, but if put in, it shall be the responsibility of the adjacent property owner or the homeowner association to provide maintenance of the Islands. It will be a requirement to have a guaranteed maintenance contract, which shall not be the responsibility of the City. BILL ARTHUR MADE A MOTION TO APPROVE THE CUL-DE -SAC STANDARDS AND LANDSCAPE ISSUE. GEORGE MALINA SECONDED THE MOTION AND THE PLANNING COMMISSION UNANIMOUSLY APPROVED THE MOTION. Bob Johns walked the Commission through the draft ordinance packet he and staff put together to implement changes on group homes and correctional facilities. The draft is a combination of all the decisions agreed on, during previous worksessions. He went over the terminology, of the concepts, from the memo dated July 20, 2001. Bob stated he and staff have discovered in the zoning code, inconsistencies and other issues related to legal lot and building site definitions. Staff will look into these issues and come back to the Planning Commission with a proposal for some more code amendments. The Planning Commission forwarded proposed changes to the City Council. The Planning Commission Public Hearing was re- scheduled to August 30`x`' due to volunteer picnic on August 23`d. Kathy Stetson submitted a letter of resignation to the Tukwila Planning Commission. She has accepted a position with the City of Tukwila, Department of Community Development. Adjourned at 7:25 Respectfully Submitted Wynetta Bivens Administrative Secretary 51, City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Community Affairs and Parks Committee FROM: Steve Lancaster, DCD Director RE: Code amendments related to group homes and correctional facilities. DATE: August 9, 2001 Background The moratorium that was originally established on February 22, 2000, on correctional facilities and similar land uses was extended by the City Council on August 6, 2001, until February 22, 2002. The moratorium was established to provide an opportunity to review, research and resolve complex code issues related to siting of community treatment centers for prisoners, correctional facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities, group homes of various types and similar land uses. In response to this moratorium staff researched the different policy options to address these wide variety of facilities. Attached is a handout prepared by Washington State Community, Trade and Economic Development that summarizes different issues related to regulating group homes and various applicable State and Federal laws. Community Affairs and Parks Committee (CAP) was briefed last November on some of these policy options. Since then Planning Commission has held five work sessions and a public hearing and have forwarded their recommendations for your review. At the last CAP briefing, the following policy options were discussed: • Establishing a limit of six residents in Low - Density Residential (LDR) zone. ial" • • Creating two categories of group homes, one with a limit of six residents that was to be allowed in LDR zone and the second category with no limit on the number of residents was proposed to be allowed wherever multifamily is permitted. • Creating a separate category for correctional institutes that would includes facilities such as community treatment centers for prisoners, pre- release centers and limited security detention facilities. These facilities were proposed to be limited to areas that were not within 1000 feet of residential zones; or within' // mile of any school; or within 1000 feet of a public park, trail, recreational facility, place of worship or any library. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 -431 -3665 vcrogv 4. Group Homes and Correctional Facilities Page 2 of 5 Planning Commission's Recommendations Planning Commission decided not to limit the number of people living in a residence, instead it was decided to address the impacts generated by group living arrangements. Planning Commission's recommendations are incorporated in the attached ordinance. The proposed ordinance is based on the following concepts: A. Group Homes 1. Do not have a definition of family and no limit on the number of people living in a residence. Instead regulate the impacts associated with group living arrangements such as size of the structure and parking. 2. In the LDR zone limit the footprint of residential structures to regulate the bulk and size of such structures and to ensure the compatibility with existing residential homes. This should be based on a sliding scale relative to the size of the lot. A residential structure could have twice or three times as much square footage as "footprint" (two or three story houses). The following table illustrates the maximum footprint calculations based on the formula in the ordinance. Size of lot (square feet) Max. Bldg. Footprint % Max. Bldg. Footprint (square feet) 3,000 (30'x100') area defined by standard setback requirements ( 20'x70') 1,400 5,000 area defined by standard setback requirement Varies depending on the shape of the lot up to a max. of 2,275 6,500 35% 2,275 8,000 33.125% 2,650 10,000 30.62% 3,062 12,000 28.125% 3,375 15,000 24.38% 3,657 19,000- 32,670 4,000 32,670- 43,560 5,000 over 43,560 6,000 3. Impacts such as parking should be regulated by requiring additional on -site parking spaces based on the number of bedrooms in a residential structure. Two off - street parking spaces shall be provided for each dwelling unit. One additional off - street parking space shall be required for every two bedrooms in excess of three bedrooms in a dwelling unit. The Director Group Homes and Correctional Facilities Page 3 of 5 shall have the discretion to waive the requirement to construct a portion of the off - street parking requirement, if based on a parking demand study, the property owner establishes that the dwelling will be used primarily to house residents who do not and will not drive due a factor other than age. In the event that a waiver is granted, the owner must still show on a site plan that there is ample room on site to provide the number of off - street parking spaces in the event there is change of use or occupant. 4. Regulate transitory housing such as Bed and Breakfast, boarding homes and dormitories, which are not generally an ADA issue, by separately defining them and having specific criteria and process for their approval. Bed and Breakfast facilities are proposed as conditional uses in all residential zones provided 1) manager /owner lives on site, 2) the maximum number of residents at one time is twelve, 3) two on -site parking spaces for permanent residents and one additional on -site parking space for each bedroom rented to customers, 4) the maximum length of stay is 14 days, 5) breakfast must be offered on -site and all necessary permits obtained from the Health Department. Boarding homes and dormitories are listed as conditional uses with no limit on the number of residents in all residential zones. 5. Allow shelters for abuse victims and run away youth as permitted use in LDR, MDR, HDR, MUO and 0 zones. Minors below the age of 18 years fall under the federally protected class of `familial status' and are considered protected under Federal Fair Housing Act. 6. Define convalescent centers as residential facilities providing 24 -hour skilled nursing care. Allow these facilities for less than 12 patients in MDR, HDR and other commercial zones that allow some form of residential use. Convalescent centers for more than 12 residents are allowed in all commercial zones that allow some form of residential use. B. Correctional Institutions 1. Create a definition of correctional institution that includes all facilities used for incarceration, confinement or detention of individuals including halfway houses for offenders who are required to live in such facilities as a condition of their release from correctional facility. 2. Allow correctional institutions in MIC/H, LI, HI zones as unclassified use. In light of recent court case involving Tacoma and Department of Corrections, it was decided to specifically list them in these zones instead of establishing any locational criteria based on distance from residential zones, schools, parks and trails. Such locational criteria were determined arbitrary by the Growth Management Hearing Board. Per State Law, correctional facilities are considered essential public facilities and no local comprehensive plan or development regulation may preclude the siting of essential public facilities. z re Z . JU 0 CO U (/) W W • w W O 2 ga =• a 1— W z zo w uj U � O N. O 1- W • W LI O .z. w U OI- z Group Homes and Correctional Facilities Page 4 of 5 The following table summarizes the various types of facilities addressed in the proposed ordinance, the different zoning districts they will be permitted in and the process they will be subject to: Type of Facility Zoning District Process Any type of group living arrangement except for B &B, dorm, boarding home, shelter or correctional facility. Examples of these types of facilities include Adult family home for physically or mentally disabled, Oxford houses for residents who are not under criminal justice system, Halfway houses for drug and alcohol rehab for residents who not under court order, halfway houses for juvenile offenders. It would be considered a residential use and permitted in LDR, MDR, HDR and . other commercial zones that allow any form of residential use subject to meeting development standards of the underlying zone. Residential structures in LDR zone would be subject to maximum footprint regulations and revised parking standards. Permitted Bed and Breakfast up to 12 residents. LDR, MDR, HDR Conditional Use Dormitory LDR, MDR, HDR Conditional Use Boarding Home LDR, MDR, HDR Conditional Use Shelters for victims of abuse and runaway minors LDR, MDR, HDR, MUO, 0 Permitted Use Convalescent Center for less than 12 patients HDR, MUO, 0, NCC, RC, RCM, TUC, C/LI Permitted Use MDR, RCC Conditional Use Convalescent Center for more than 12 patients MUO, 0, NCC, RC, RCM, TUC, C/LI Conditional Use Correctional Facilities MIC/H, LI, HI Unclassified Use Summary The ordinance based on the above listed concepts is attached for your review. Also attached is a summary of the ordinance. The next step would be for the Community and Parks Committee to forward the proposed ordinance to the Council of the Whole for their review. z =w JU U0 co U.. J F-- 2LL w0, uQ 0 w z �. I.0 zI" w U I-- w w u-0 z Ur 0 I— z Attachments: A. Handout prepared by Washington State Community, Trade and Economic Development that summarizes different issues related to regulating group homes and various applicable State and Federal laws. B. Summary of the proposed ordinance C. Draft Ordinance z. ■ I w; t2 JU U0 No wuj w z; 1.- co D. I-- w S Z I- 0'. Z ww;: ay = V .F- —. —0 0 1- Z. CITY OF TUKWILA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Tukwila City Council will hold a public hearing on Monday, August 6, 2001 beginning at 7 p.m. in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, to consider the following: ? An ordinance renewing a moratorium originally established by Ordinance 1902 on certain land -a 9 development activities relating to shelters, community residential treatment facilities, community ' treatment centers for prisoners, transitional homes for prisoners, pre - release centers, limited security detention facilities, and similar uses that are not addressed within the City's Comprehensive Plan or Zoning Code. All interested persons are invited to be present to voice approval, disapproval, or opinions on this issue. For those unable to attend in person, you may submit written testimony to the City Clerk's office until 5 p.m. on August 6, 2001. . The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's Office at (206) 433 -1800 or TDD (206) 248 -2933 by noon on Monday if we can be of assistance. Jane E. Cantu City Clerk Published: Seattle Times — 7/20/O1/.1- e_, Z t" _E-. re 2W W D _i :0 CO o. CO W. • W= • JH; W O: ga = a; I w: I-- O Z 2 0. O 2 U'. u"O, w Z w ct' I—, z City of Tukwila Washington Ordinance No. /966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON CERTAIN LAND USE ACTIVITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance with the Growth Management Act; and and WHEREAS, the City has adopted a Zoning Code consistent with that Comprehensive Plan; WHEREAS, the City has adopted development regulations consistent with the Compre- hensive Plan and in compliance with the Growth Management Act; and WHEREAS, most types of land use are identified and provided for in the City's Zoning Code; and WHEREAS, there are certain types of land uses relating to shelters, community residential treatment facilities, community treatment centers for prisoners, transitional homes for prisoners, prerelease centers, limited security detention facilities, and similar uses that are not addressed within the City's Comprehensive Plan or Zoning Code; and WHEREAS, the City recognizes that the federal Fair Housing Act was amended by Congress in 1988 to add protections for persons with disabilities and families with children; and WHEREAS, the City desires to ensure that the zoning of such uses is consistent with its policies and purposes embodied in its Comprehensive Plan, Zoning Code, and development regulations; and WHEREAS, the City also desires to ensure public input on these issues; and WHEREAS, the City continues to study and receive public input on these issues; and WHEREAS, the City's moratorium will expire on August 22, 2001; and WHEREAS, the City desires to continue to preserve the status quo as it relates to development in Tukwila until these matters are more fully considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "WHEREAS" clauses, above, are hereby adopted as the City Council's Findings of Fact and are by this reference incorporated herein as if set forth in their entirety. Section 2. Moratorium Established. The moratorium established upon the filing of development permits and approvals relating to shelters, community residential treatment Mrt -land dev 3rd ext 8- 01.doc 1 facilities, conununity treatment centers for prisoners, transitional homes for prisoners, prerelease centers, limited security detention facilities and similar land uses is hereby renewed. "Development permits and approvals" shall include, but are not limited to, subdivision approvals, short subdivision approvals, approvals for any and all rezones, site plan review approvals, multi- family development permits and approvals, and building permits for development activity resulting in the alteration of existing units or the creation of new units. No such new applications shall be accepted during the effective period of this moratorium; provided, however, that this moratorium shall not affect vested rights, if any, applicable to any such previously submitted and fully completed applications. Section 3. Effective Period of Moratorium. The moratorium renewed by this ordinance shall become effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after a subsequent public hearing and entry of findings of fact. Section 4. Public Hearing to be Held. A public hearing on the issue of the moratorium shall be held no later than sixty (60) days after the date of adoption herein. Section 5. Work Program. The Mayor is authorized to allocate the necessary resources to continue a work program to address the land use issues identified in this ordinance and the City shall implement such a work program. z z I. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase cc w2 of this ordinance or its application to any person or situation should be held to be invalid or 6 D unconstitutional for any reason by a court of competent jurisdiction, such invalidity or v p unconstitutionality shall not affect the validity or constitutionality of the remaining portions of u) W this ordinance or its application to any other person or situation. U) u_ 0 Section 7. Effective Date. This ordinance or a summary thereof shall be published in the g official newspaper of the City, and shall take effect and be in full force and effect on August 22, g n 2001. U) a = t-- w = PASSED BY THE CITY CO CIL OF THE CITY O TUKWILA, WASHINGTON, at a z F-. Regular Meeting thereof this LP - day of /. /S , 2001. Z o ATTEST/ AUTHENTICATED: ,Robvit, 714. finb,A. A-Vvy Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By �l Office of the FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Mrt -land dev 3rd ext 8- 01.doc ( I w v U• � Steven M. Mullet, Mayor • v LLo w z U - _ O F- 2 f n�+ i+.^, G^ 0^.N?�i�i'Qt- al'cw^n•z...:..wN; Y�C ,', reM.n.... ... z /4wa) City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM To: Planning Commission (A/ From: Steve Lancaster, DCD Director Re: Continuation of the work sessio o review the proposed ordinance related to group homes and correctional facilities. Date: July 20, 2001 The last work session that was held on June 14, 2001, finalized concepts for code amendments to address group homes and correctional facilities. It was decided that staff would come back with an ordinance based on the finalized concepts and ideas. Some of the concepts that were agreed on are listed below. Group Homes 1. Do not have a definition of family and no limit on the number of people living in a residence. Instead regulate the impacts associated with group living arrangements such as size of the structure and parking. 2. In the LDR zone limit the footprint of any structure. This should be based on a sliding scale relative to the size of the lot. 3. Impacts such as parking should be regulated by requiring additional parking spaces based on the number of bedrooms in a residential structure. 4. Regulate transitory housing such as Bed and Breakfast, boarding homes and dormitories, which are not generally an ADA issue, by separately defining them and having specific criteria and process for their approval. 5. Allow shelters for abuse victims as permitted use in all zones that allow some form of residential use. 6. Define convalescent centers and allow these facilities for less than 12 residents in MDR and HDR zone. Convalescent centers for more than 12 residents are allowed in commercial zones that allow some form of residential use. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z • Z: rt w - 0 0 o. coo;. cn w w= J � Nu IV La. -d 1- _ Z I- 0. Z -- wu,l,. 0 O -. O I--1: w w z U 0- z • fi Work Session — Group Homes /Correctional Facility July 20, 2001 Page 2 of 2 Correctional Institution 1. Create a definition of correctional institution that includes all facilities used for incarceration, confinement or detention of individuals including halfway houses for offenders who are required to live in such facilities as a condition of their release from correctional facility. 2. Allow correctional institutions in MIC/H, LI, HI zones. The ordinance based on the above listed concepts is attached for your review. Also attached is a summary of the ordinance. We will discuss this ordinance at the work session on July 26, 2001. Based on your review and recommendations, staff will then incorporate any revisions to the ordinance that may be considered necessary. Z • Z' w; QQ2. ico w = • J �r w O, u_Q.. .0) ni • =a •z�: I— 0i ••Z ‘Lt WW • _ p. Z W z City of Tukwila NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY, AUGUST 6, 2001, BEGINNING AT 7:00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING: AN ORDINANCE RENEWING A MORATORIUM ORIGINALLY ESTABLISHED BY ORDINANCE NO. 1902 ON CERTAIN LAND DEVELOPMENT ACTIVITIES RELATING TO SHELTERS, COMMUNITY RESIDENTIAL TREATMENT FACILITIES, COMMUNITY TREATMENT CENTERS FOR PRISONERS, TRANSITIONAL HOMES FOR PRISONERS, PRE - RELEASE CENTERS, LIMITED SECURITY DETENTION FACILITIES AND SIMILAR USES THAT ARE NOT ADDRESSED WITHIN THE CITY'S COMPREHENSIVE PLAN OR ZONING CODE. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN TESTIMONY TO THE CITY CLERK'S OFFICE UNTIL 5:00 PM ON MONDAY, AUGUST 6, 2001. THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON MONDAY IF WE CAN BE OF ASSISTANCE (206 -433 -1800 OR TDD 206 - 248 - 2933). DATED THIS 'DAY OF 2001. CITY OF TUKWILA NE E. CANTU, CMC, CITY CLERK DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, JULY 20, 2001 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: Mayor Mullet FROM: Steve Lancaster DATE: July 27, 2001 MEMORANDUM RE: Extension of Ordinance No. 1902 (Moratorium on Correction Facilities and similar land uses) On February 22, 2000, the City Council adopted Ordinance No. 1902, establishing a moratorium on the filing of development and /or land use permits for "community treatment centers for prisoners, correction facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities and similar land uses." Subsequent ordinances, each renewing the moratorium for additional six months, were adopted on August 7, 2000, and January 16, 2001. The current moratorium will expire on August 22, 2001. Since adoption of the ordinance, staff has looked at the code issues related to siting of these facilities and the applicable State and Federal laws. Planning Commission has held five work sessions and a public hearing on the proposed code amendments. They have analyzed different policy options related to group homes and correctional facilities. They have agreed on the general approach towards such facilities and at the last work session on July 26, 2001, reviewed the proposed ordinance based on their concepts and ideas and have forwarded their recommendations to Council for review. Staff will report to the Community and Parks (CAP) committee at their next session with Planning Commission's recommendations on zoning code amendments to address these different types of facilities. A tentative schedule for this code amendment process includes CAP briefing, COW briefing, and COW hearing. It is clear that the formal code changes cannot be completed and adopted prior to August 22, 2001, expiration of the moratorium. For that reason, staff recommends passage of a six -month extension of the moratorium ordinance. If approved, the extension would "dovetail" with the expiration of the previous ordinance, creating a new expiration date of February 22, 2002. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 ._.,. A...,. w....+ a... �m.. e...,., w.. �,. F. v. ww......,, v+ �- z.»., xN VU.,, c: u= :'y',7:1+�•r;�sa,�4'�49N',nwM� w1 Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Planning Commission FROM: Steve Lancaster, DCD Director RE: Continuation of the work sessioir garding proposed code amendments related to group homes and correctional facilities. DATE: June 8, 2001 Background This memo outlines the proposed concepts for the group homes ordinance. These concepts have evolved from discussions at the previous three work sessions. Proposed amendments related to correctional facilities were finalized at the first work session. It was decided to list correctional facilities as unclassified use in MIC /H, HI and LI zones. The discussion at the following work session (April 3, 2001) focussed on the staff proposal of having a numerical limit in the definition of family vs. having other parameters (size of house, number of bedrooms etc.) for regulating any impacts associated with group homes. The first approach included establishing a limit of six residents in one dwelling unit in LDR zone. This approach included creating two separate categories for group homes, one with a limit of six residents that was to be allowed in LDR zone and the second category with no limit on the number of residents was proposed to be allowed where ever multifamily is permitted. Also included in this approach was a process to house more than six residents in LDR zone subject to meeting specific criteria such as: one bedroom and one parking space requirement for every two residents; and compatibility of the structure with surrounding structures. However, the Planning Commission decided not to limit the number of people living in a residence, but instead address the impacts generated by group living arrangements. At the last work session (April 26, 2001) this second approach addressing the impacts of group living arrangements was explored. Some broad concepts such as limiting the size of the house /impervious surface and revising parking standards for residences were discussed. The remainder of this memo is a follow up of that discussion and builds on the concepts discussed at the last work session. Once the Planning Commission approves the general concepts, staff will come back with the ordinance for your recommendation to the City Council. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Concept # 1. Use a limit on structure footprint on a sliding scale: At the previous work session the discussion focussed on limiting the amount of impervious surface. Commissioner Livermore suggested the idea of establishing a sliding scale based on the lot size for establishing the maximum allowed impervious surface. And building on that idea we recommend establishing a sliding scale for the footprint of the building instead of impervious surface as we are trying to regulate the bulk and size of the residential buildings. Establishing a limit on impervious surface could have some unintended consequences, for instance, for flag lots that need a long driveway maximum impervious surface limit could easily be exceeded. Although the precise numbers can be varied, which will alter the permitted footprint area, the concept we generally felt was most consistent with existing lot and structure patterns in the City is as follows: The maximum footprint of the structures on a residential lot is limited to 35% of the lot area, provided (1) the maximum footprint is reduced by 1.25% for each 1000 square feet of lot area in excess of 6500 square feet, and (2) for all lots in excess of 19,500 square feet, the maximum footprint for all structures shall be 4,000 square feet. On a practical basis, the following chart illustrates the impact of this proposal: When reviewing the chart, it is important to note that a residence could have twice or possibly three times as much square footage as "footprint" (two or three story houses). Concept # 2: Require design review for Larger structures. It may be desirable to require design review as a Type 2 decision for residential structures in single family zones which are over 5000 square feet in floor area. If the Planning Commission accepts this concept, it will be necessary to establish design review criteria, such as requirements for sloped roofs, modulation, garages which are recessed from front facades and other features designed to mitigate the visual impacts of very large residential structures. 2 1.25% reduction Allowed footprint 6,500 sq. ft. lot 0 2,275 sq. ft. 7,500 sq. ft. lot 1.25% 2,531 sq. ft. 8,500 sq. ft lot 2.5% 2,762 sq. ft 9,500 sq. ft. lot 3.75% 2,969 sq. ft. 10,500 sq. ft lot 5.0% 3,150 sq. ft. 15,500 sq. ft. lot 11.25% 3,681 sq. ft. 18,500 sq. ft. lot 15.00% 3,931 sq. ft. 19,500 or larger sq. ft. lot cap applies 4,000 sq. ft. When reviewing the chart, it is important to note that a residence could have twice or possibly three times as much square footage as "footprint" (two or three story houses). Concept # 2: Require design review for Larger structures. It may be desirable to require design review as a Type 2 decision for residential structures in single family zones which are over 5000 square feet in floor area. If the Planning Commission accepts this concept, it will be necessary to establish design review criteria, such as requirements for sloped roofs, modulation, garages which are recessed from front facades and other features designed to mitigate the visual impacts of very large residential structures. 2 Concept #3: Regulate impacts, such as parking, directly: These ideas can be combined with the bulk regulation and design review limits. • The minimum number of spaces shall be 2 off - street spaces for any single family residential unit with up to three bedrooms, plus one additional off - street space for each bedroom in excess of three, provided that the Director may, in his discretion waive a portion of the parking requirement if, based on a parking demand study, the applicant demonstrates that the structure will be used primarily to house residents who do not and will not drive. Such study shall assure that ample parking is provided for residents and all caregivers and other personnel who work at the residence. In the event that a change of use or type of occupant is proposed that would alter the potential number of drivers living or working at the residence, the application may be denied unless the applicant for a change of use permit demonstrated that amply off street parking for the new use will be provided. Concept #4 Regulating Transitory Housing As we recognized early on, one of the most difficult issues is trying to draw a valid line between residential uses, whether they are traditional single family homes or group homes which we want to allow in residential zones, and transitory housing (B & B's, motels, boarding houses, dormitories, etc.) which are more appropriately located in other zones, have a host of different impact issues and which are not generally an ADA issue. (The real difficulty is distinguishing uses like battered women's shelters, which are sometimes a form of transitory housing, but which we do want to allow in residential zones.) The recommended approach is to adopt definitions of "dwelling unit" and "transitory housing ", as follows: Dwelling Unit: A dwelling unit is any group of individuals residing as a single community using common cooking, eating and bathroom facilities in a residential setting, other than transitory housing as defined in this code. (For example, a traditional single family home would be a single dwelling unit. A group home for disabled persons with one kitchen and communal bathrooms would be a single dwelling unit. By contrast, a traditional duplex would be two dwelling units, a hotel or apartment building would contain as many dwelling units as there were separate spaces rented for the exclusive occupancy of customers or tenants on a short or long term basis.) • In order to regulate boarding home /dormitory situation, the City can regulate the number of bathrooms, for example: In any residential structure, at least one bathroom is required for structures with one to three bedrooms and one additional bathroom is required for every two additional bedrooms. • Only one kitchen permitted per residence, provided a wet bar or similar partial kitchen facility would be permitted. es)uP Transitory_ Housing: For purposes of this code, transitory housing, such a and "brut dormitories, boarding house and comparable businesses, which rent be to paying guests on a short or long term basis, shall be classified as containing multiple dwelling units and shall be located only in zones which permit multiple dwelling unit structures. The Director shall have the discretion to determine, on a case by case basis, whether a particular use is classified as a single dwelling unit or transitory housing. The definitions would then be used in the code as follows: In single family zones, the permitted use list would include structures containing a single dwelling unit (and any associated accessory dwelling unit otherwise permitted by the code). In multi - family zones, the permitted use list would include structures containing "one or more dwelling units, except correctional facilities." Concept #5 Regulating Convalescent Centers/Nursing Homes Establish a definition for Convalescent Center/Nursing Home that would distinguish adult family homes from facilities that resemble an institution rather than a residence. One such definition is: `Residential facilities offering 24 hour skilled nursing care for patients who are recovering from an illness, or receiving care for chronic conditions, mental or physical disabilities, terminal illness, or alcohol or drug detoxification. Care may include in- patient administration of medicine, preparation of special diets, bedside nursing care and treatment by physician or psychiatrist.' Our current code does not have a definition for Convalescent center/Nursing homes. However Convalescent centers/Nursing homes for less than 12 residents are listed as Conditional uses in MDR and RCC zones and as permitted uses in HDR, MUO, 0, NCC, RC, RCM, TUC, C /LI zones. Convalescent centers/Nursing Homes for more than 12 residents are listed as Conditional Uses in MUO, 0, NCC, RC, RCM, TUC, and C /LI zones. Attached to this memo is also a matrix of different residential uses in our current zoning code. It lists the current definitions of different uses and the residential zones in which they are permitted. Summary If the Planning Commission approves the above listed concepts, staff will come back in July with the ordinance for proposed changes for your recommendation to the City Council. 4 SELECTED USES FROM TUKWILA ZONING CODE Use Definition LDR? 1 MDR? HDR? Adult day care A facility which provides supervised daytime programs where up to six frail and/or disabled adults can participate in social, educational and recreational activities led by paid staff and volunteers. Yes Yes Yes Adult family home A regular family abode of a person, or persons, licensed by the State of Washington to provide personal care, room and board to more than one but not more than six adults.... Yes Yes Yes Bed and breakfast <13 an owner - occupied dwelling unit that contains guest rooms where lodging, with or without meals, is provided for compensation. No CUP CUP Bed and breakfast 13+ an owner - occupied dwelling unit that contains guest rooms where lodging, with or without meal's, is provided for compensation. No No CUP Child care family home A state licensed facility in a family residence of the licensee providing regularly scheduled care for 12 or fewer children, including children who reside at the•home, within an age range of birth through 11 years, exclusively for periods of less than 24 hours. Yes Yes Yes Child daycare centers A state licensed agency which regularly provides care for a group of children during part of the 24 hour day. Convalescent, nursing and retirement homes <13 Not defined No CUP Yes Convalescent, nursing and retirement homes 13+ Not defined No No No Jack Pace - Essential Public Facility Sitinv--'-ssue - Sex Predator Housing Page 1 From: "Dave Williams" <davew @awcnet.org> To: "Jim Seitz" <jims @awcnet.org >, "Dave Catterson" <d... Date: 5/17/01 3:41 PM Subject: Essential Public Facility Siting Issue - Sex Predator Housing Greetings from Olympia. As land use /environmental lobbyist for AWC, I've successfully avoided many social service issues. Not so lucky today and I could use your help a.s.a.p. if you have experience /ideas on the following question /scenario: Overall, this inquiry is about how long it would take, under your current regulatory structures, to site an ESSENTIAL PUBLIC FACILITY. The information you provide will be shared (answers won't include your jurisdiction's name) with legislators working on how to craft legislation on siting of small scale group home sex predator housing. * * * * * * * * * * * * * * * * * * * * * * * * * * ** If planning under GMA, your countywide planning policies should now outline an agreed upon process by which you collectively (your county and cities within) site essential public facilities. I know few have used such policies and many policies are vague - at best. If you don't plan under GMA, please follow along anyway. Under these policies, all or select jurisdictions have planned /zoned for one or more essential public facilities, or have a process on how /when to do so should one of these come your way - REMEMBER, these essential public facilities are those the state has declared you can't preclude the siting of. (For example, an unwelcome essential public facility may be a Dept. of Corrections Work Release Facility or a DSHS Juvenile Offender facility.) Under these policies - how long has it taken /might it take to site an essential public facility? I know the if you don't have real experience, this is hard to answer and depends on the type /size of facility and whether or not you'd first have to "fight" out which jurisdiction "gets it." Try your best! If not a GMA planning jurisdiction or you don't have a process, how would you site one of these and how long might it take? ANY AND ALL ASSISTANCE WOULD BE GREATLY APPRECIATED - your best shots by 9 a.m. tomorrow ? ? ? ? ? ?? THANKS! Dave Williams Municipal Policy Associate Association of Washington Cities (360) 753 -4137 ext. 142 Ciiy of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Planning Commission FROM: Steve Lancaster, DCD Director RE: Continuation of the work session regarding proposed code amendments related to group homes and correctional facilities. DATE: April 20, 2001 Work session on April 3, 2001, focussed on some of the proposed code amendments related to group homes. Amendments related to correctional facilities were finalized in the previous work session. It was decided to continue the session on April 26, 2001 to further discuss the group homes issue. The discussion on April 3, 2001, focussed on the issue of having a numerical limit in the definition of family vs. having other parameters (size of the house, number of bedrooms etc.) for regulating impacts to residential areas. It was decided not to limit the number of people living in a residence but rather address the impacts generated by group living arrangements. The first part of this memo outlines some of the existing regulations in Tukwila Municipal Code that apply to residential development in LDR zoning district. The second part lists the type of facilities that are licensed by State agencies to give us some idea of the different types of facilities that may locate in residential areas. The last part outlines a possible approach for regulating group homes. Also, attached is the handout prepared by Washington State Community, Trade and Economic Development that lays out different issues related to regulating group homes. I. Existing Tukwila Municipal Code regulations that apply to residential development in LDR zoning district: Minimum lot size —6500 square feet and one dwelling unit per lot. A second (accessory) dwelling unit can be added under certain circumstances. Floor area ratio for all structures- 50% (sum of area of all floors cannot be more than 50% of the lot.area) Typical setbacks (front, side, rear)- 20', 5', 10' Maximum height- 30' Minimum parking- 2 per dwelling unit, additional parking required if accessory dwelling unit is present. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Nuisances: Uncovered trash, abandoned materials, unsecured animal manure, dumping areas, places where liquor is used illegally and disorderly houses (houses of prostitution or where solicitation of liquor or drugs is permitted) are all considered nuisances and are subject to code enforcement procedures. Also, no litter is permitted to be thrown or disposed on any public or private property. Failure to maintain landscaping is considered a nuisance only in commercial, industrial and multifamily areas. However, weeds, tall grass and uncultivated shrubs or growth higher than two feet are considered nuisances in all areas of the city. Noise: Maximum permissible noise level in residential areas is 55 decibels during daytime and 45 decibels at night. Also, it is unlawful to cause a public nuisance noise (any sound that unreasonably either annoys, injures, interferes with the comfort, safety and health of the community) Vehicles: No vehicle may be parked whether attended or unattended on city streets for more than 72 hours. No vehicle may be parked on public streets such that it obstructs visibility or sight distance to jeopardize public safety. One commercial vehicle (except trailer) is allowed to be parked in the private driveway of the owner of such vehicle, provided that it does not intrude on public right -of -way and is maintained in a clean state. Abandoned vehicles on private property are considered public nuisance subject to removal and impoundment. II. Different types of facilities licensed by State Agencies: Following is a list of typical facilities that are licensed by state agencies that locate in residential areas. Also, there are a number of facilities and half way houses that are not required to be registered with any state agency. Adult Family Homes (2 -6 residents) Boarding Homes -these may be small homes or larger facilities. They are licensed for three or more residents who need assistance in their daily living. Different types of boarding homes include assisted living facilities, retirement facilities, facilities for mental patients or other developmental disabilities. Adult residential rehab facilities. Nursing Homes Mental health facilities and facilities for intermediate care for mentally retarded. Alcoholism and drug treatment facilities 2 Different types of group homes that provide care for children. Children may be in a group home because they require specific care needs due to a disability; or they are dependent as a result of abuse or neglect; or they are homeless; or they have committed a juvenile offense and are screened and placed in a group home as preparation for their return to the community. Foster family homes are not considered group homes by statute and are specifically recognized as single family residences. Different types of facilities exist for juvenile offenders from juvenile institutions that provide secure custody to halfway houses in a community setting. There are also licensed rehab centers for psychiatrically impaired children & youth. Shelters (crisis, youth, domestic violence, homeless, transient accommodation) Secure residential treatment facility and secure community housing for sex offenders who are released from Special Commitment Center on McNeil Island. III. Possible approach for regulating group homes Do not regulate the number of people living in a dwelling unit as long as it is one housekeeping unit. Existence of one food preparation area would be an evidence of one dwelling unit. Create a category of group homes for federally protected classes (disabled and youth) and allow it in all areas of the city where any form of residential development is permitted. Create a separate category of group homes for other types of group living arrangements that are not for federally protected classes. This category would include boarding homes, hostels and fraternity homes. Limit the number of residents in such group homes in LDR districts. Also, prohibit lodging/boarding on a short-term basis for such homes. Revise our parking standards for residences (e.g., one parking space per two bedrooms) and also have some criteria (availability of transportation services to residents, accessibility /frequency of public transportation and pedestrian access to medical /shopping facilities) for administrative variance to parking requirements. In order to regulate the size, bulk and scale of residential structures in LDR zone, have maximum impervious surface regulations. Maximum lot coverage for a typical residential lot of 6500 square feet could be 50 percent. But for larger lots, the maximum lot coverage could be scaled down. Other institutions such as churches and schools that are permitted in residential areas would be exempt from such lot coverage requirements through the Conditional Use process. Also, limit the maximum size of residential structures. Existing regulations regarding garbage, lighting, noise and other nuisances would address those concerns (if any) associated with any group living arrangement. z w 00 co 0'. J• = t- • u_ . w0 ii. .4( cod =w z� 1- 0 z~ 2 O • N O H w w. tL 0: ..z U 0 ~'' z CITY OF TUKWILA PLANNING COMMISSION WORKSESSION MINUTES APRIL 3, 2001 The worksession was called to order by Vern Meryhew at 6:00 p.m. Attendance was taken. Present: Absent: Chair, Vern Meryhew, Vice - chair, David Livermore, and Commissioners, Kathryn Stetson, Henry Marvin, Kirstine Whisler and George Malina. Bill Arthur Representing City Staff: Steve Lancaster and Minnie Dhaliwal. Steve Lancaster opened the worksession to discuss the issues with regulating Group Homes. The issues related to Correctional Facilities were finalized at the previous worksession. After lots of discussion the consensus was that the Commission did not want to regulate how many people could live in a house. They prefer to leave things the way they are currently, but they agreed they should regulate any impacts that are created by a large number of people living in a house. It was agreed that after staff reviews the issues and concerns raised by the Commission, they will provide the Commission with their suggestions on what, if anything they need to do, regarding regulating Group Homes. They will change the definition of family and eliminate the numerical limit. There was discussion on if there would be parking impacts associated with group homes and what regulations were required to address those impacts. There was also a concern expressed regarding illegal boarding homes. The other issue discussed was how could we regulate a very large house that detracts from the residential character of the neighborhood. There was also consensus that the Commission is ready for Bob Johns to attend the next worksession, on April 26, 2001. Steve stated he would also like to close the loop, and get back to the Commission on some of the other issues on the books. Also determine how successful they will be in future years, in terms of enforcing them, and whether there are some things that need to be done to tune them up. Meeting Adjourned at 8:00 PM Respectfully submitted Wynetta Bivens Administrative Secretary z ' -Z.. ILI cc 2 _1U U0. Ili Nu.. w QJ = CO a. I- al Z F— 0 Z co U Wuj. F- u- p. .z': U =, 0 H: z j Minnie Dhal wal - Re`co a a� am`enaments From: Mona Rose <mrose @ugm.org> To: Minnie Dhaliwal <mdhaliwal @ci.tukwila.wa.us> Date: 4/3/01 10:10AM Subject: Re: code amendments Minnie, Page 1; Again, thank you for your time and thank you for explaining about the minutes /web site. I do not need a copy of the minutes now, I trust your recommendation. I also appreciate the draft ordinance and summary and will review it. If we can ever be a resource for you regarding the issue of homelessness, don't hesitate to call. We have 11 facilities (including Riverton Place, a drug rehabilitation facility near Sea Tac) and 22 programs to help the homeless make lasting life changes. Mona Rose (206) 723 -0767 ext. 104 Media Relations Coordinator Seattle's Union Gospel Mission Minnie Dhaliwal wrote: > Hello Mona > There were no public comments received at the public hearing regarding the proposed code amendments. So there probably will not be anything in the minutes. Also, only City Council minutes are put on our web site and this was a Planning Commission public hearing. However if you still want the minutes, I could either fax or mail those to you when I receive them. > Also, attached to this e-mail is the staff report, summary of draft ordinance and the draft ordinance. All these documents were included in the Planning Commission's packet for work session. No decisions were made regarding any changes and there will be a followup work session tomorrow to further discuss the changes. > Let me know if you still want me to send you minutes of the public hearing. > Minnie Dhaliwal > Associate Planner > 206 -431 -3685 > »> Mona Rose <mrose @ugm.org> 03/26/01 04:16PM »> > Hello Minnie > Thank you so much for keeping me abreast of the zoning code amendments > related to group homes, correctional facilities and similar land uses. > Can you tell me when the minutes to the March 22 public hearing will be > available on the city website? > Thank you again for your time. > Mona Rose > (206) 723 -0767, ext. 104 u.r...Luva Ran ,h City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Planning Commission FROM: Steve Lancaster, DCD Director RE: Continuation of the work session regarding proposed code amendments related to group homes and correctional facilities. DATE: March 27, 2001 Work session on March 22, 2001, focussed on some of the proposed code amendments related to group homes and correctional facilities. At that work session it was decided to continue the session on April 3, 2001 to further discuss the proposed code amendments. Amendments related to correctional facilities were addressed and the following changes were recommended: • Clarify the definition of correctional facility to specifically state that correctional facility includes confinement of persons who are court mandated to undergo treatment for drug or alcohol addictions. • Do not allow correctional facilities in MIC/L and TVS zones because of proximity to residential areas and list them as unclassified use only in MIC/H, HI and LI zones. The discussion related to group homes focussed on the issue of having a numerical limit in the definition of family vs. having other parameters (size of the house, number of bedrooms etc.) for regulating impacts to residential areas. The agenda for the next meeting will focus on issues related to group homes. Details of different issues and policy options related to group homes are listed in the memorandum dated March 22, 2001. The issues to be discussed will include the following: • Should the definition of family be changed? • How to categorize different types of group homes and where should different categories be allowed? • What should be the required review process for group homes? • What should be the process and criteria to house more than six residents in LDR? Additionally, as requested at the March 22, 2001 meeting, the web -site address for oxford house program is: www.oxfordhouse.org Also, please note that the meeting will be held in Conference Room #1 (Minolta Building) at 6 p.m. and dinner will be provided. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 • CITY OF TUKWILA PLANNING COMMISSION WORKSESSION MINUTES March 22, 2001 The worksession was called to order by Vern Meryhew at 7:00 p.m. Attendance was taken. Present: Chair, Vern Meryhew, Vice - chair, David Livermore, and Commissioners, Kathryn Stetson, Bill Arthur, Henry Marvin, Kirstine Whisler, and George Malina. Representing City Staff: Jack Pace, Minnie Dhaliwal, and Wynetta Bivens. Minnie Dhaliwal gave background on the moratorium for Correctional Facilities and Group Homes, which was adopted over a year ago. Staff is asking the Planning Commission to give their recommendation for a definition for these facilities and where they will be allowed, before briefing the City Council. Bob Johns, an attorney representing the City, presented legal background on why some code changes are being proposed. He explained the rules and regulations that the City is dealing with. He also explained the Federal Fair Housing Act issues and the Growth Management Act issues. Mr. Johns stated the current code needs to be brought up to compliance with the Fair Housing Act. Proposed code amendment: 1. Change the definition of family to limit the maximum number related or unrelated individuals to six. Minors living with at least one parent will not be counted as part of the maximum number of residents. There was lots of discussion regarding this recommendation. Several suggestions were made, but no agreements. Discussion will continue on this issue. 2. Limit correctional institutions to an Unclassified Use in the MIC/H, MIC/L TVS, LI and HI zones. Bob Johns addressed the criteria and requirements for group homes to be located in multi- family zones. The Commission had the opportunity for Bob Johns to address some of the questions raised from the Design Review case at the Public Hearing in March, regarding pedestrian access to 160th. Mr. Johns addressed the reasons why mitigation would not be recommended. Adjourned at 7:10 PM The worksession resumed after the Public Hearing adjourned, at 7:50. There was discussion on Correctional Facilities, and it was determined that correctional facilities should not be permitted in MIC/L and TVS zones because of proximity to residential zones. In multifamily zones, the City is required by federal law to treat group homes for people with disabilities similar to other multifamily development. If group home residents occupy an existing building in multifamily zone, no permits would be required. If they occupy a new building it would have to go before the Planning Commission as a Design Review issue. Development regulations and restrictions must be similar to those that are applied to apartments. ;9, Worksession Page 2 Action Items for staff . 1. The Planning Commission requested staff provide them with a copy of the Uniform Building Code and the Housing Ordinances as to the density issue. 2. Provide more information on Oxford, a non - profit organization in the Puget Sound Region. The discussion on group homes continued. There was no conclusion on this discussion. It was determined another worksession should be scheduled for April 3ra Adjourned at 8:55 PM Respectfully Submitted Wynetta Bivens Administrative Secretary z • V) w w u_ a; --- w; Z F; I0.. zI w w; .tai :0 col moo;. w .H of. O Z . U N _.. ,O H? Z 4- Gity of Tukwila Steven M. Mullet, Mayor Department of Community Development STAFF REPORT TO THE PLANNING COMMISSION PREPARED MARCH 15, 2001 HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: PROJECT: SEPA DETERMINATION: STAFF: ATTACHMENTS: March 22, 2001 Steve Lancaster, Director Notice of Hearing was published in the Seattle Times on March 9, 2001. It was mailed to all parties of record and it was also posted in the libraries and on City's notice board in the City Hall L2000 -011— Code Amendment City of Tukwila Code amendments pertaining to Group Homes and Correctional Facilities. DNS will be issued in the week of March 19, 2001 (prior to the hearing date) Minnie Dhaliwal A. Matrix summarizing regulations of different jurisdictions pertaining to similar land uses. B. Proposed draft ordinance 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 z • ,=z • ;�-w -J 0 U U W= • w o u. ¢. .cn d • _; z �. z o, 'o N w W. H U. Li: 0. .z U N;• H �! O z BACKGROUND On February 22, 2000, the City Council adopted a moratorium on correctional facilities and similar land uses. It was subsequently extended on August 7, 2000 and then again on z January 16, 2001. It will expire on August 22, 2001. The moratorium was established to ce provide an opportunity to review, research and resolve complex code issues related to J siting of community treatment centers for prisoners, correctional facilities, transitional c.) 0 homes for prisoners, pre - release centers, limited security detention facilities, group w homes of various types and similar land uses. J LL O In response to the current moratorium, staff has looked at how other jurisdictions treat 2 these different types of facilities; what are the different categories of these facilities; and g what federal and state regulations apply to these different types of facilities. c a =w ~_ Community and Parks (CAP) Committee and the Council of the Whole (COW) were z briefed on issues involved with these types of facilities. They have asked the Planning z O Commission to review the proposed changes. This report contains the information W obtained by staff and also lays out the policy options and recommendations for your 0 v consideration. 0 = w w. U What are Group Homes? -4z 0 ..z The deinstitutionalization of persons with mental and physical disabilities has rapidly v occurred throughout the country in the last several decades. This has resulted in a O 1 proliferation of alternate living arrangements commonly referred to as "group homes ". z Such homes allow disabled individuals to live together in a residential setting with the advantages of a family like structure. In recent years, the group homes concept has included a number of unsupervised, self - governing homes that provide housing for various individuals with different backgrounds, ranging from individuals with physical and mental disabilities, recovering alcoholics and drug addicts, to individuals who have been incarcerated for crimes and who are in what are commonly called "half -way houses ". Some group homes are required to be licensed through a state agency such as Department of Social and Health Services (DSHS) or Department of Health. However some of the programs run by groups such as Oxford House are not required to be licensed by any state agency. Issues with current regulations: • Our current codes do not address the different categories of such facilities. However, there are substantial differences in the scope or type of legal restrictions that can be imposed on the various types of uses. 2 r ?TYiT�: • There is no definition for correctional facilities or group homes in zoning code. However, correctional institution is listed as an unclassified use in a TUC, C/LI, LI, HI, RC, TVS zones. • Our current definition of "family" in the Land Use Code is not consistent with Federal and State fair housing laws. Under the current definition of "family" any number of related individuals or those who are disabled (protected under the Federal Fair Housing Act) may reside in a single dwelling. This means that 300 or even more individuals that are either related or are protected under Federal Law may reside in one dwelling. However only a maximum of five unrelated individuals may reside in one dwelling. Federal/State Laws The Fair Housing Act (Title VIII of the Civil Rights Act, 1968) banned housing discrimination on the basis of race, color, religion, sex and national origin. The 1988 amendments to the Fair Housing Act (FHAA) prohibit discrimination against people with disabilities and on account of familial status in public as well as private housing. The Act defines discrimination to include not only traditional discriminatory practices, but also "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling ". The Act defines disability as a physical or mental impairment which substantially limits one or more of a person's major life activities; a record of having such an impairment; or being regarded as having such an impairment. In response to the FHAA, the Washington State Legislature added a new section to chapter 35.63 RCW in 1993. It states, "No city may enact or maintain an ordinance, development regulation, zoning .regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with disabilities differently than a similar residential structure occupied by a family or other unrelated individuals." Also, per RCW 36.70A.200, correctional facilities and group homes are considered essential public facilities. No local comprehensive plan or development regulation may preclude the siting of essential public facilities. ±��L�:h' .i�iCi}.ti Cr�:Y:kG » L..' 1�`:�r"i't�4'r ➢Pfre.'.:y��rruY 7+.T.i .>S�1'lJ /1'!ei POLICY OPTIONS Following are the different policy options that need to considered as part of this code amendment process. The option representing the City Council's direction is listed in the italic font. z Issue #1: Should the definition of Family be changed? w 6 m The current definition of "family" is not consistent with Federal and State Laws. The v p existing definition of "family" is applied to single family dwelling units and regulates ILI development in LDR zoning district. W U) u. Policy options: w o 1. Keep the definition of Family the same i.e. limit the number of unrelated u_ individuals to six with an exception for those individuals protected under Federal = d Law. Under this option unlimited number of related individuals or those Z I individuals protected under Federal Law could reside in one dwelling unit. 1, O z I- w 2. Change the definition of Family to limit the maximum number of related or 2 D unrelated individuals to six. Minors living with at least one parent will not be 0 counted as part of the maximum number of residents. o 1— ww 3. Do not a have a definition of Family i.e. allow any number of related or unrelated I-' residents. LL o Li z 0 H Issue #2: How to categorize different types of Group Homes and where should z different categories be permitted? Policy Options: 1 Do not change the codes and do not categorize the group homes and allow them in all zones. 2. Categorize group homes into two categories based on the number of residents. Similar to the definition of the family, allow a group home for a maximum of six residents in Low - Density Residential zone. Group homes for more than six residents should be permitted wherever multifamily development is permitted. Create a separate category (correctional facility) for those under criminal justice system. 3. Do not categorize the group homes by number of residents and allow them in all residential zones but have a separate category for Correctional Facilities for those under criminal justice system with specific locational criteria. 4 Issue #3: What should be the required review process for Group Homes? Per Federal and State laws, the required review process for group homes must be similar to the review process for other forms of residential development that accommodate comparable number of individuals. For instance, if apartments are listed under permitted z uses in a particular zoning district, group homes that provide housing of a similar nature = t-: should also be listed under permitted uses. w Policy Options: 0 J0 u) 0 1. Allow group homes as conditional uses. In order to be consistent with Federal w z Law make all other developments including single family dwelling units as u) LL. conditional uses. w 2. Allow group homes for less than six residents in residential zones as a permitted u- <. use. Allow group homes for more than six residents where multifamily = 0 development is permitted as a permitted use. This essentially treats a group home I' i in the same manner as a group of individuals living together who are not Z 1— protected by the ADA. w O 3. Allow group homes for maximum of six residents in LDR zones as permitted use. o CY Allow group homes for more than six residents in MDR and HDR as conditional o ! use. In order to be consistent with Federal Law make all multifamily development w w in MDR and HDR zones as a conditional use instead of permitted use. 1- z Issue #4: Should there be a process and criteria to house more than six residents in v cn 0 z LDR? Do not allow more than six residents in LDR zones under any circumstances. 2. Allow more than six residents (related /unrelated /group home residents) in LDR zone subject to meeting specific criteria such as minimum number of bedrooms (one per two residents), minimum of one parking space for two residents and compatibility of the structure with surrounding structures. The required review process for a larger household would be a Type 2 decision initially made by the Director of Community Development, which shall be subject to open record appeal to Planning Commission. Planning Commission's decision shall be subject to a closed record appeal to City Council. 3. Allow more than six residents (only federally protected classes) in LDR subject to criteria and process listed under option #2. -• , C Vm.0 /�pyui�'i�ai+� �RSi�a4 '' itia3GiNrlLi�t��4d ',`�'�.e"G�'iNS�tki$i!: ' "t5 't��;X� Issue #5: Where should correctional facilities be permitted? This category would include half way houses for juvenile offenders, community treatment centers for prisoners, transitional homes for prisoners, pre - release centers and limited security detention facilities except jails operated and owned by the City. Halfway houses for residents who are not currently under criminal justice system but who may have been formerly under some court mandated program would be regulated as a group home instead of a correctional facility. Policy Options: 1. List it as an unclassified use in MIC/H zone and require City Council approval. 2. List it as an unclassified use in MIC /H, MIC /L, TVS, HI, Ll zones and require City Council approval. ft1 I Ll 1-3 t S 3. List it as unclassified use in all industrial and commercial zones and require City Council approval. Based on the above discussion of policy options the following table summarizes the staff's recommendations for proposed code changes. Type of facility Zoning district Process Example of type of facility Group Homes for all LDR Permitted Use Adult family homes individuals MDR for six residents. including disabled HDR Business License as defined by FFHA up to a maximum of six residents. required for group homes. Foster homes Halfway houses for six residents who are not currently under criminal justice system but who may have been formerly under such system. 6 Type of facility Zoning district Process Example of Type of facility Group Homes for LDR(subject to In LDR zone Adult family homes more than six meeting specific (subject to meeting for physically or residents including criteria) specific criteria)- mentally disabled disabled as defined MDR Type 2 decision by for more than 6 by FFHA. HDR Director with an residents. and other open record appeal Facilities that have commercial zones to the Planning boarding home where multifamily Commission, whose license from is permitted decision is may be appealed as a closed record appeal to the Department of Health and Social Services. City Council. Permitted use in MDR and HDR. Business License required for group homes. Halfway houses, Oxford houses for more than six residents who are not currently under criminal justice system but who may have been formerly under such system. Correctional MIC/H Unclassified use- Drug &Alcohol Facilities MIC/L TVS HI LI City Council approval rehab facilities, Group homes for sex offenders, Half way houses for juvenile offenders, community treatment centers for prisoners, transitional homes for prisoners, pre - release centers, limited security detention facilities and private jails. Conclusions: The code amendments discussed above are required in order to be in compliance with Federal and State Laws. Recommendations: Forward the proposed amendments for review and public hearing to the City Council. 7 File: L 00 -0011 Drawing #1 Z re d' Jo o O; to W =. w O 2 Q "±" 2' ZF, I- O Z ON W w: F=- U. _0. Z 0 co — O i Summary of the Ordinance Section 1 -4 Add definitions for Correctional Facilities, Family, Group Homes.Alter definition of Family Child Care facility in order to be consistent with State Law. Section 5 Remove Adult Family Homes as accessory use (since they would be covered under the definition of family) in LDR zone. Include the new language for Family Child Care facility. Section 6 -9 List Group Homes as permitted use in MDR and HDR zones. Remove Adult Family homes as accessory use (since they would be covered under definition of family or group homes) in MDR and HDR zones. Section 10 -20 List Group Homes as permitted use in MUO, 0, RCC and NCC. Remove Adult Family homes as accessory uses and make changes to Family Child Care facility in MUO, 0, RCC, NCC, RC, RCM and TUC zones. Section 21 -22 Remove Correctional Institutions from RCM and TUC zones. Section 23 List Jails (owned and operated by City) as permitted use in 0 zone. Section 24 List criteria for allowing group homes in LDR and other zones. Section 25 -27 List Correctional Facility as an Unclassified use in MIC/H, MIC/L and TVS zones. LI and HI zones already list Correctional Institutions as an Unclassified use. Section 28 Remove the definition of Adult Family Homes Section 29 -32 List process (Type 2 decision) and notice requirements for group homes. Attachment B .�:,.ri•,r:t.e;:: �;,:. -air a r;y�.:,.: AN ORDINANCE relating to zoning and permitting for various forms of housing and related facilities for persons with handicaps and disabilities and for various correctional facilities, amending Tukwila Municipal Code sections 18.06.295, 18.06.300, 18.10.030, 18.12.020, 18.12.030, 18.14.020, 18.14.030, 18.16.020, 18.16.030, 18.18.020, 18.18.030, 18.20.020, 18.20.030, 18.22.020, 18.22.030, 18.24.030, 18.26.030, 18,28.030, 18.26.050, 18.28.050, 18.36.050, 18.38.050 and 18.40.050 and adding new sections to Tukwila Municipal Code chapters 18.06 and 18.50. WHEREAS, the City of Tukwila desires to implement RCW 36.70A.410, which requires the City to treat residential housing for person with handicaps no differently that residential housing for families or other unrelated individuals; and WHEREAS, the City of Tukwila desires to implement RCW 36.70A.450, which requires that the City permit family day -care provider's home facilities, subject to certain restrictions intended to mitigate the potential impacts of such facilities and provide for the safe and proper operation of such facilities; and WHEREAS, the City of Tukwila desires to implement RCW 36.70A200 related to essential public facilities by recognizing the City's obligation to make provision for the location and operation of correctional institutions while regulating the location and operation of such facilities in a manner which mitigates the potential impacts of such facilities and provides for the proper and safe operation of such facilities. BE IT ORDAINED BY THE TUKWILA CITY COUNCIL: Section 1. There is hereby added to T.M.C. chapter 18.06 a new section to read as • .‘ follows: -\\ "Correctional Institution" means: "public and private facilities providing for (1) the ' confinement of juvenile or adult offenders, or (2) the incarceration, confinement or detention of individuals arrested for or convicted of crimes whose freedom is partially or completely restricted other than a jail owned and operated by the City A -_, of Tukwila, (3) the confinement of persons -- undergoing treatment for drug or alcohol cti whose freedom is partially or completely restricted or 4) transitional housing, such as alfway ouses, for offenders who have been previously confined to correctional facilities. z w JU U0 N0. U)= -I " CO pi_ w0, = a, �w zF t— 0 zt—. uj UO 'O - 0 1-- w"Cu z ui U=, 01— z Section 2. follows: Ordinance 1758 §1 (part) and T.M.C. 18.06.295 are hereby amended as "Family" means any of the following: (1) one person; (2) a group of no more than six persons living together as a single housekeeping unit regardless of whether they are related by blood, marriage or adoption; (3) a group of no more than six - _ _ - _ . .. - . _ - persons with handicaps as defined in the federal fair housing amendments act of 1988 (42 U.S.C. $ 3602), whe -are -net living together as a single housekeeping unit and any residential staff providing services to the residents with handicaps, or (4) a group living arrangement where up to six residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or non - resident staff. A group of persons living in a correctional institution shall not be considered a family under any circumstances., For purposea of this dofinition, minor:, For purposes of this code, minors (persons under the age of eighteen) living with at least one parent or guardian shall not be counted as part of the maximum number of residents. Section 3. Ordinance 1758, §1 ( -art) and T.M.C. 18.06.300 are amended as follows: "Family child care home" means a "family day -care provider" as defined in RCW 74.15.020: a state - licensed facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children, including children who reside at the home, within an age range of birth through 11 years, exclusively for periods less that 24 hours per day. An off - street parking space shall be made available for any non - resident employee. Section 4. A new Section is added to T.M.C. chapter 18.06 as follows: .v "Group home" means a residential facility housing any group of mnre than sib persons living together as a single housekeeping unit regardless of whether they are related by blood, marriage or adoption (i.e., a group which does not fall within the definition of "family" in T.M.C. 18.06.295.) A group of persons confined in a correctional facility as defined in this chapter shall not be considered a "group home" under any circumstances. For purposes of this code, minors (persons under the age of eighteen) living with at least one parent or guardian shall not be counted as part of the number of residents. Section 5. Ordinance 1758, § 1 (part) and T.M.C. 18.10.030 are amended as follows: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the LDR district. 1. Adult day care and adult family home:,. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; Akt.w::xtar!�. :�1..; At0,4::5`L:] ". ∎.! Z &,ivrnt S41/.6rn-..1441 _ 2 i'f b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and • f. the units are not sold as condominiums. 3. Family child care home, provided the facility shall be certified by the office of child care policy licensor as providing a safe passenger loading zone, and provided that prior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. Section 6. Ordinance 1758, §1 (part), Ordinance 1865 (part) and T.M.C. 18.12.020 are amended as follows: A. The following uses are permitted outright within the Medium Density district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Dwelling - One detached single - family unit per lot (includes factory-built or modular home that meets UBC). 2. Dwelling - Multi - family duplex, triplex, or fourplex units. 3. Group Homes, subject to the standard of Section 24 of this Ordinance. 4. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 5. Day care centers. +,7� Vr�tial,tilS:.ur. 3 6. Public parks, trails, picnic areas and play - grounds, but not including amusement parks, golf courses, or commercial recreation. B. In Commercial Redevelopment Areas 1, 2, and 4 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC z 18.60.060. W Section 7. Ordinance 1758, § 1 (part) and T.M.C. 18.12.030 are amended as follows: 0 o J= Lu The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Medium Density Residential district. 1. Adult day care and adult family homcJ. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care home, provided the facility shall be certified by the office of child care policy licensor as providing a safe passenger loading zone, and provided that prior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. - 4 - 01 W�f.'alMr.Rw.+,w, ne......,•.••-.• n... ..c.,+n.nc.ntw•Sen4•NSa+.°ARMI: M'stTAR"„ 471 +.FMi Y >.3'. �!?�ui3. .'�5. .fYtJl z Section 8. Ordinance 1865, §13, Ordinance 1830, §2, Ordinance 1758, §1 (part) and T.M.C. 18.14.020 are amended as follows: A. The following uses are permitted outright within the High Density Residential 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. Convalescent and nursing homes for not more than 12 patients. 3. Day care centers. 4. Manufactured/mobile home park, meeting the following requirements:. a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 5. Dwelling - One detached single - family unit per lot (includes factory-built or modular home that meets UBC). 6. Dwelling - Apartment houses, town- houses, row houses and condominiums. 7. Group Homes, subject to the standard of Section 24 of this Ordinance. 8. Dwelling - Multi - family duplex, triplex, or fourplex units. 9. Libraries, museums or art galleries (public). 10. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. B. In Commercial Redevelopment Area 3 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in the BAR chapter of this code, TMC 18.60.060. Section 9. Ordinance 1758, § 1 (part) and T.M.C. 18.14.030 are amended as follows: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the High Density Residential district. 1. Adult day care and adult family home:,. 2. Accessory dwelling unit, provided: - 5 a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care home, provided the facility shall be certified by the office of child care policy licensor as providing a safe passenger loading zone, and provided that prior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Parking areas. 7. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. Section 10. Ordinance 1830, §5, Ordinance 1814, §2 (part), Ordinance 1758, § 1 (part) and T.M.C. 18.16.020 are amended as follows: 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. Computer software development and similar uses. 7. Convalescent and nursing homes for not more than 12 patients. 8. Day care centers. 9. Dwelling - One detached single - family unit per lot (includes factory-built or modular home that meets UBC). 10. Dwelling - Multi - family units above office and retail uses. 6 11. Dwelling - Senior citizen housing as a free - standing use subject to additional requirements. 12. Group Homes, subject to the standard of Section 24 of this Ordinance. 13. Financial, banking, mortgage, and other services. 14. Fraternal organizations. 15. High tech uses including research and development, light assembling, repair or storage of electronic equipment, instruments, or biotechnology with at least 35% office. 16. Laundries: b. self service c. dry cleaning d. tailor, dyeing 17. Libraries, museums or art galleries (public). 18. Medical and dental laboratories. 19. 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 d. professional e. administrative f. business, such as travel, real estate g. commercial 20. Outpatient, inpatient, and emergency medical and dental commercial services. 21. Parking lots or garages for private passenger cars (public). 22. Public parks, trails, picnic areas and play - grounds but not including amusement parks, golf courses, or commercial recreation. 23. Recreation facilities (commercial - indoor) — athletic or health clubs. 24. Restaurants, including cocktail lounges in conjunction with a restaurant. 25. 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. 26. 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). 27. Schools and studios for education or self - improvement. 28. Studios - art, photography, music, voice and dance. 29. 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. 7 Section 11. Ordinance 1758, § 1 (part) and T.M.C. 18.16.030 are amended as follows: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Mixed — Office Use district. 1. Adult day care . 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single- family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care home, provided the facility shall be certified by the office of child care policy licensor as providing a safe passenger loading zone, and provided that prior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Parking areas. Section 12. Ordinance 1830, § 8, Ordinance 1814, § 2 (part), Ordinance 1758, § 1 (part) and T.M.C. 18.18.020 are amended as follows: The following uses are permitted outright within the Office district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Beauty or barber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer software development and similar uses. 5. Convalescent and nursing homes for not more than 12 patients. 6. Day care centers. 7. Dwelling - One detached single - family unit per lot (includes factory-built or modular home that meets UBC). 8. Group Homes, subject to the standard of Section 24 of this Ordinance. 9. Financial, banking, mortgage, other services. 10. Fraternal Organizations. 11. High -tech uses including research and development, light assembling, repair or storage of electronic equipment, instruments, or biotechnology with at least 35% office. 12. Laundries: a. self service b. dry cleaning c. tailor, dyeing 13. Libraries, museums or art galleries (public). 14. Medical and dental laboratories. 15. 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 16. Outpatient, inpatient, and emergency medical and dental commercial services. 17. Parking lots or garages for private passenger cars (public). 18. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 19. Recreation facilities (commercial - indoor) athletic or health clubs. 20. Restaurants, including cocktail lounges in conjunction with a restaurant. 21. 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). 22. Schools and studios for education or self improvement. 23. Studios - art, photography, music, voice and dance. 24. Telephone exchanges. 25. 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 13. Ordinance 1758, § 1 (part) and T.M.C. 18.18.030 are amended as follows: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Office district. 1 Adult day care . 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; 9 b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3 Family child care home, provided the facility shall be certified by the office of child care policy licensor as providing a safe passenger loading zone, and provided that prior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. Section 14. Ordinance 1758, §1 (part) and T.M.C. 18.20.020 are amended as follows: 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 arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer software development and similar uses. 5. Day care centers. 6. Dwelling - One detached single - family unit per lot (includes factory-built or modular home that meets UBC). 7. Dwelling - Multi - family units above office and retail uses. 8. Group Homes, subject to the standard of Section 24 of this Ordinance. 9. Fix -it, radio or television repair shops /rental shops. 10. Greenhouses or nurseries (commercial). 11. Laundries: a. self service; b. dry cleaning; c. tailor, dyeing. - 10 - 12. 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; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 13. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 14. 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. 15. Schools and studios for education or self - improvement. 16. Studios - art, photography, music, voice and dance. 17. 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 15. Ordinance 1758, § 1 (part) and T.M.C. 18.20.030 are amended as follows: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Residential Commercial district. 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Family child care home, provided the facility shall be certified by the office of child care policy licensor as providing a safe passenger loading zone, and provided thatprior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 3. Home occupations. 4. Parking Areas 5. Recreational area and facilities for employees. 6. Residences for security or maintenance personnel. = F: w o:� Section 16. Ordinance 1830, § 11, Ordinance 1814, §2 (part), Ordinance 1758, §1 (part) and T.M.C. 18.22.020 are amended as follows: -1 o w• w -I F • U_. w0 g• 5 • < =w 1- _ z� zoo w w U� O - CI I. WW =- U 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. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allowed; 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 slaughtering); 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 unit per lot (includes factory-built or modular home that meets UBC). - 12 - 13. Dwelling - Multi- family units above office, and retail uses. 14. Group Homes, subject to the standard of Section 24 of this Ordinance. 15. Financial: a. banking; b. mortgage; c. other services. 16. Fix -it, radio or television repair shops /rental shops. a. similar in nature to and compatible with other uses permitted outright within this district; and 17. Fraternal organizations. 18. Frozen food lockers for individual or family use. 19. Greenhouses or nurseries (commercial). 20. High -tech uses including research and development, light assembling, repair or storage of electronic equipment, instruments, or biotechnology with at least 35% office. 21. Laundries: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Neighborhood Commercial Center district. a. self -serve; b. dry cleaning; c. tailor, dyeing. 22. Libraries, museums or art galleries (public). 23. 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; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 24. Outpatient, inpatient, and emergency medical and dental. 25. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf course, or commercial recreation. 26. Plumbing shops (no tin work or outside storage). 27. Recreation facilities (commercial - indoor) athletic or health clubs. 28. Restaurants, including cocktail lounges in conjunction with a restaurant. 29. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/ building materials, lawn and garden supplies, farm supplies. 30. 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. 31. Schools and studios for education or self improvement. 32. Studios - art, photography, music, voice and dance. 33. Telephone exchanges. - 13 - 34. Theaters, excluding "adult entertainment establishments ", as defined by this Code. 35. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 36. 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 17. Ordinance 1758, § 1 (part) and T.M.C. 18.22.030 are amended as follows: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Neighborhood Commercial district. 1. Billiard or pool rooms. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single- family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care home, provided the facility shall be certified by the office of child care policy licensor as providing a safe passenger loading zone, and provided that prior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. Section 18. Ordinance 1758, § 1 (part) and T.M.C. 18.24.030 are amended as follows: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial district. 1. Adult day care . — 14 — 2. Family child care home, provided the facility shall be certified by the office of child care . olic licensor as . rovidin • a safe . assen • er loading zone, and provided that prior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 3. Parking Areas 4. Recreational area and facilities for employees. 5. Residences for security or maintenance personnel. Section 19. Ordinance 1758, § 1 (part) and T.M.C. 18.26.030 are amended as follows: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial Mixed Use district. 1. Adult day care and adult family homes. 2. Family child care home, provided the facility shall be certified by the office of child care policy licensor as providing a safe passenger loading zone, and provided that prior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 3. Home Occupation 4. Parking Areas 5. Recreational area and facilities for employees. 6. Residences for security or maintenance personnel. Section 20. Ordinance 1758, § 1 (part) and T.M.C. 18.28.030 are amended as follows: The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Urban Center district. 1. Adult day care and adult family homea. 2. Family child care home, provided the facility shall be certified by the office of child care policy licensor as providing a safe passenger loading zone, and provided that prior to state licenses are issued, the facility notifies adjacent property owners of the intent to locate and maintain such a facility. 3. Home Occupation 4. Parking Areas 5. Recreational area and facilities for employees. 6. Residences for security or maintenance personnel. Section 21. Ordinance 1865, §33; Ordinance 1758, §1 (part) and T.M.C. 18.26.050 are amended as follows: The following uses may be allowed within the Regional Commercial Mixed Use district, subject to the requirements, procedures and conditions established by TMC 18.66. - 15 - 1. Conversions of rental multi - family structures to condominiums or owner - occupied multi - family housing, but excluding the construction of new condominium or owner- occupied multi - family housing. 2. Correctional institutions. 2. Essential public facilities, except those uses specifically listed as permitted or conditionally permitted 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 22. Ordinance 1865, §35; Ordinance 1758, §1 (part) and T.M.C. 18.28.050 are amended as follows: The following uses may be allowed within the Tukwila Urban Center district, subject to the requirements, procedures and conditions established by TMC 18.66. 1. Airports, landing fields and heliports (except emergency sites.) 2. Conversions of rental multi - family structures to condominiums or owner - occupied multi - family housing, but excluding the construction of new condominium or owner- occupied multi - family housing. 3. Correctional institutions. 3.4. Essential public facilities, except those uses specifically listed as permitted or conditionally permitted in any of the districts established by this title. 4.6. Hydroelectric and private utility power generating plants. 5.6. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6.7. Mass transit facilities. Section 23. Ordinance 1865, §20; Ordinance 1816, §1, Ordinance 1758, §1 (part) and T.M.C. 18.18.050 are amended as follows: The following uses may be allowed within the Office district, subject to the requirements, procedures and conditions established by TMC 18.66, Unclassified Use Permits. 1. Landfills and excavations which 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. Jails owned and operated by the City of Tukwila. - 16 - :'r ^5� ..., ,. _.4'�.� ^�s�1:..`�;3YK�.:- r. �..\'.• xr. Q2�; h' �: bx�: R. ..s.^,.�o :F..�re.'�.Sbll..�.ov. ocM.M1wma, • z ~w 00 c o. w J= ' No w w? � w z� Z~ U UD O �; 0 w• w IL I. - O z 0- O z ■ 1 9. 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 with the policies of the Tukwila Comprehensive Plan. Section 24. A new Section is added to T.M.C. ch. 18.50 as follows: 1 ,_ \ oc It) Performance and Review Standards for Group Homes: Group Homes may be located in the LDR Zone if the Director determines that the Group Homes meets the following criteria: a. The Group Home has at least five hundred square feet of habitable space for each resident. b. A minimum of one bedroom shall be provided for every two residents other than minors living with at least one parent or guardian. c. At least one bathroom shall be provided for every four residents other than minors living with at least one parent or guardian. d. One off - street parking space shall be provided for every two residents over the age of eighteen. e. The bulk and scale of the structure(s) shall be compatible with surrounding uses and structures. f. Review and approval of Group Homes shall be a Type 2 decision with notice by posting and mail pursuant to TMC 18.104.110 and .120, subject to an open record appeal to the Planning Commission. The Planning Commission's decision may be appealed to the City Council as a closed record appeal. Group Homes, where permitted in other zones, are subject to the requirements va I '. of subsection f of this Section and the relevant bulk, scale and parking • N` standards otherwise applicable with the zone W�. \ Section 25. Ordinance 1865, §43; Ordinance 1758, §1 (part) and T.M.C. 18.36.050 are kAA amended as follows: The following uses may be allowed within the Manufacturing Industrial Center/Light Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Essential public facilities, except those uses specifically listed as permitted, or conditionally permitted in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 47 - 17 - 4 6. Railroad freight or classification yards. 7. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 8. Transfer stations (refuse and garbage) when operated by a public agency. 9. Mass transit facilities. 10. Correctional institutions. Section 26. Ordinance 1865, §45; Ordinance 1758, §1 (part) and T.M.C. 18.38.050 are amended as follows: The following uses may be allowed within the Manufacturing Industrial Center/Heavy Industrial district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. 3. Electrical substation - transmission/switching. 4. Essential public facilities, except those uses specifically listed as permitted or conditionally permitted in any of the districts established by this title. 5. Hydroelectric and private utility power generating plants. 6. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 7. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 8. Railroad freight or classification yards. 9. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 10. Transfer stations (refuse and garbage) when operated by a public agency. 11. Mass transit facilities. 12. Correctional institutions. Section 27. Ordinance 1865, §47; Ordinance 1758, §1 (part) and T.M.C. 18.38.050 are amended as follows: The following uses may be allowed within the Tukwila Valley South district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. - 18 - ... . _._..�.�,r..., 3. Conversions of rental multi - family structures to condominiums or owner - occupied multi - family housing, but excluding the construction of new condominium or owner- occupied multi- family housing. 4.4- Electrical substation - transmission/switching. 5.6 Essential public facilities other than correctional institutions, except those uses specifically listed as permitted, or conditionally permitted in any of the districts established by this title. 6. ?. Hydroelectric and private utility power generating plants. 7. & Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 8.9 Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials. 9. -1.O Railroad freight or classification yards. 10.41- Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits together with associated structures. 11. 4-2- Transfer stations (refuse and garbage) when operated by a public agency. 12. 4-3- Mass transit facilities. Section 28. Ordinance 1758, §1 (part) and T.M.0 18.06.030 are hereby repealed. Section 29. Ordinance 1857 § 7, 1998 and TMC 18.104.010 are amended as follows: 18.104.010 Classification of project permit applications. A. Project permit decisions are classified into five types, based on the amount of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/or a public hearing is required before a decision is made and whether administrative appeals are provided. B. Type 1 decisions are made by City administrators who have technical expertise as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Building Permit Building Official - 19 - z Z. JU 'UO CO O w= • w0, ga co =d w LU z�. z° U • 0 0 .o t-- w W. 1- • U. U- O • uiZ U= O I- z Utility Permit Public Works Director Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission or denials of sign permits which are appealable Community Development Director Land Alteration Public Works Director Boundary Line Adjustment, including Lot Consolidation Community Development Director Minor Modification to PRD (TMC 18.46.130) Community Development Director Minor modification to BAR approved design (TMC 18.60.030) Community Development Director Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter As specified by Ordinance C. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Council, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Administrative Planned Residential Development (TMC 17.08.040) Short Plat Committee Hearing Examiner Short Plat (TMC 17.08.060) Short Plat Committee Hearing Examiner - 20 - z �z. mow. 2 U 0 to0`. w= • LL. w 0. g¢ E a_ =w z I- 0 z �- w U• � = o L-` =• U t-r LLO ..z w _. O E-. z Binding Site Im- provement Plan (TMC 17.16) Short Plat Committee Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shoreline Hearings Board Decision regarding Sensitive Areas (except Reasonable Use Exception) (TMC 18.45.125) Community Development Director Planning Commission. Special Permission Parking, and Modifications to Certain Parking Standards (TMC 18.56.060 and .070) Community Development Director City Council Parking standard for use not specified (TMC 18.56.100) Community Development Director City Council Code Interpretation (TMC 18.90.010) Community Development Director Hearing Examiner Special Permission Sign, except "unique sign" (various sections of TMC Title 19) Community Development Director Planning Commission Sign Permit Denial (TMC 19.12) Community Development Director Planning Commission Sign Area Increase (TMC 19.32.140) Community Development Director Planning Commission Substitution of Signage under VSR Agreements (TMC 19.30.060) Community Development Director Planning Commission - 21 - Special Community Planning Permission — Development Commission. Group Homes in Director Planning LDR zones Commission's (TMC 18.50.120) decision may be appealed to the City Council as a closed record appeal. 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 which may be appealed to the State Shoreline Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT DECISION MAKER Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Resolve uncertain zone district boundary 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 TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Shoreline Conditional Use Permit (TMC 18.44.050) Planning Commission State Shorelines Hearings Board Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC 18.45.115) Planning Commission City Council i? �i; i��t` r': s�aity:: �:, c�^:n�r�:av:�t;a= a+r,��,:y,:, °; �i.,L.:2s+ stir,. tl� +5iv.�A= E�C':p�JE�'�w••�•..... . z 2Z ~w 2 00 u) o w= cnu_ w o ¢ 1 z� o. z+- w w UO co w u U' uo ..z • w o '' Design Review (TMC Chapter 18.60, 18.56.040 and Shoreline Master Program) Board of Architectura 1 Review City Council Modifications to Certain Parking Standards (TMC Chapter 18.56.) Planning Commission City Council Conditional Use Permit (TMC Chapter 18.64). Planning Commission City Council Landscaping for Changes to Nonconforming Uses (TMC 18.70.090) Board of Architectura 1 Review City Council Unique Signs (TMC 19.28.010) Planning Commission City Council F. Type 5 decisions are quasi-judicial decisions made by the City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. TYPE 5 DECISIONS TYPE OF PERMIT DECISION MAKER Subdivision - Preliminary Plat (TMC 17.12.020) City Council Subdivision - Final Plat (TMC 17.12.030) City Council Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) City Council Unclassified Use (TMC Chapter 18.66) City Council Rezone (TMC Chapter 18.84) City Council Shoreline Environment Redesignation (Shoreline Master Program) City Council Section 30. Ordinance 1768- 2(part) and TMC 18.104.080 are amended as follows: - 23 - 18.104.080 Notice of Application - Contents. pursuant to TMC 19.12. A.D- under RCW 43.21 prior to the irmuance -of the Notice of Application, notice determination of significance (DS) has been made prior to the imuanco of tho Notico of Application, the Notice of Application shall also includo tho ccoping notice required by WAC 197 11 360. All required Notices of Application shall contain the following information: 1. The file number. 2. The name of the applicant and the owner of the property, if different than the applicant. 3. A description of the project, the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed. 4. A site plan on 8 1/2 x 11 inch paper, if applicable. 5. A statement establishing a public comment period, which shall be 14 days for Type 1, 2, 3 and 4 decisions and 21 days for Type 5 decisions following the date of the Notice of Application, provided that a public comment period is not required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to TMC 19.12, and further provided that the comment period for projects requiring a Shoreline Substantial Development permit shall be either 20 or 30 days, as specified in RCW 90.58.140. 6. The procedures and deadline for filing comments, requesting notice of any required hearings, and any appeal rights. Any person may comment in writing on the application during the public comment period, and may participate by submitting either written or oral testimony, or both, at any hearings, and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application. 7. For Type 5 decisions, the date, time and place of the public meeting required by TMC 18.112.120 and an explanation of the purpose of and procedure to be followed at such meeting. 8. The date, time place and type of hearing, if applicable and scheduled at the time of notice. 9. The identification of other permits not included in the application to the extent known by the Department. - 24 - w«««rwe»aw,.wim 70.1,1 »xr.. .w a!s+A+7g7}•* 4'�!!K?�t�; =�'. - ir��i�`""in �e.a 10. A statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation and for determining consistency with applicable City requirements. B. E: Additional information is required by RCW 90.58 for Notices of Application for projects which require a Shoreline Substantial Development permit. C. If the Responsible Official has made a Determination of Significance (DS) under RCW 43.21 prior to the issuance of the Notice of Application, notice of the determination shall be combined with the Notice of Application. If a determination of significance (DS) has been made prior to the issuance of the Notice of Application, the Notice of Application shall also include the scoping notice required by WAC 197 -11 -360. D F. Except for a determination of significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C, and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. Section 31. Ordinance 1768 2, 1996 and TMC 18.104.090 are amended as follows: 18.104.90 Notice of Application - Procedure. A. A Notice of Application shall be issued by the Department within 14 days following the Department's determination that the application is complete. B. . Notice of Application shall be provided as follows: 1. For all Type 1 2, 3, 1 and 5 dccisions, and Type -l- 2 decisions which require SEPA review, the Notice of Application shall be mailed by first class mail to the applicant and to departments and agencies with jurisdiction, except that a Notice of Application is not required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to TMC 19.12. 2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of Application shall be provided by posting pursuant to TMC 18.104.110, provided that the Notice of Application for a Type 1 decision involving a single family residence need not be posted but shall be published one time in a newspaper of general circulation in the City. 3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice of Application shall be posted pursuant to TMC 18.104.110 and mailed pursuant to TMC 18.104.120. Notice of application is not required in case of Sign Permit Denial pursuant to TMC 19.12. 4. For applications which require any Shoreline permit, additional notice shall be provided as required by RCW 90.58. 5. For preliminary plats, additional published notice shall be provided as required by RCW 58.17.090(a). - 25 - z Q • ~ w O - 0 CO cnw J 2 H. U) u. w j za � w z=.. 1-0 zE-- w 2o U O - O I- ww 1- ---. uiz • SL) H = O H z 6. The Director shall have the discretion in unusual circumstances (i.e., lengthy utility corridor or right -of -way construction projects) where posting and mailed notice would be impractical, to require the notice of application to be published in a newspaper of general circulation in the area where the proposal is located, in lieu of posting and mailed notice. Section 32. Ordinance 1796 3(part), 1997 and TMC 18.108.020 are amended as follows: 18.108.020 Type 2 decision process. A. All Type 2 decisions shall be made by the Director, or in appropriate cases, the Short Plat Committee, pursuant to the procedures set forth in TMC Chapter 18.104. B. Type 2 decisions other than Shoreline Substantial Development permits shall be final unless appealed to the Hearing Examiner, the Planning Commission, or City Council, as specified in TMC 18.104.010. C. All appeals of Type 2 decisions other than appeals of Shoreline Substantial Development permits shall be filed with the Department, which shall coordinate scheduling of the appeal hearing with the appropriate appeal hearing body. D. Appeal of a Shoreline Substantial Development permit shall be to the State Shoreline Hearings Board pursuant to RCW 90.58. E. In the event that 'a project involves more than one Type 2 decision appealable to different bodies and no Type 3, 4 or 5 decision, all appeals shall be consolidated in the following sequence: 1. If an appeal to the City Council is involved, all appeals of Type 2 decisions shall be consolidated before the City Council. 2. If no appeal to the City Council is involved, all appeals of Type 2 decision shall be consolidated before the Planning Commission. F. All appeals of Type 2 decisions shall be open record appeals, processed pursuant to the time limits and other procedures for such appeals specified in TMC Chapter 18.116. All appeals(open and closed record) of Type 2 decision for group homes in LDR zones shall be processed pursuant to procedures specified in TMC Chapter 18.116. G. Following an open record appeal hearing on a Type 2 decision, the hearing body shall render a written decision, including findings of fact and conclusions, and the Department shall promptly issue a Notice of Decision pursuant to TMC 18.104.170. H. The decisions of the Hearing Examiner, the Planning Commission and the City Council regarding Type 2 decisions shall be final and shall be appealable only to Superior Court pursuant to RCW 36.70C. For Type 2 decisions related to group homes in LDR zones, the final decision of City Council after a closed record appeal hearing of the Planning Commission's decision shall be appealable only to Superior Court pursuant to RCW 36.70C. - 26 - Section 33. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre - empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 34. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force on _ ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF, 2001, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THIS DAY OF , 2001. ATTEST /AUTHENTICATED : Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE CITY CLERK: ;'PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: - 27 - Steven M. Mullet, Mayor z z• Z 111`. 6 JU 0 00' .N W. =' J w0, 2 L.L. Q =W F--= z1._ o: z�-- 2 o -' 0 I -' ww H U: LL - O: .z - =' ~ 0 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF PUBLIC HEARING DATED MARCH 8, 2001 The following project is scheduled for a public hearing on March 22, 2001 at 7:00 p.m. in the Council Chamber at City Hall. PROJECT: Code Amendments pertaining to Group Homes and Correctional Facilities. APPLICANT: City of Tukwila OTHER REQUIRED PERMITS: State Environmental Policy Act (SEPA) You are invited to comment on the project at a public hearing scheduled for March 22, 2001 at 7:00 p.m. before the Planning Commission. The hearing will take place at City Hall in City Council Chambers, 6200 Southcenter Blvd. To confirm the time and date before the hearing, call the Department of Community Development at 206 - 431 -3670. For further information on this project, contact Minnie Dhaliwal at 206 - 431 -3685 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 r= TUKWILA CITY COUNCIL February 26, 2001 — 7:00 p.m. Council Chambers — City Hall CITY COUNCIL COMMITTEE OF WHOLE MEETING MINUTES CALL TO ORDER: Council President Joan Hernandez called the meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. COUNCILMEMBERS PRESENT: Council President Joan Hernandez; and Councilmembers Joe Duffle; Pam Carter; Jim Haggerton; Pam Linder, Dave Fenton and Richard Simpson. OFFICIALS: Mayor Steve Mullet; City Administrator John McFarland; City Attorney Bob Noe; Administrative Services Department Director Viki Jessop; Deputy City Clerk Bob Baker; Planning Manager Jack Pace; and Minnie Dhaliwal, Associate Planner. Also present were Foster High School Student Council members Shane Young and A.J. Geiss. Both gentlemen are very active; Shane a chess champion and A.J. a Community Oriented Policing Board member and football player. Other student council members will attend future City Council meetings to be educated on the process of Tukwila government. CITIZEN COMMENT /CORRESPONDENCE: None. SPECIAL PRESENTATION: a. Project Manager — Endangered Species Act Emphasis Notifying Council this has already gone before the Finance & Safety Committee, Administrative Services Director Viki Jessop briefed the Council on the proposal's history. Most notably is the need for the City to remain properly staffed. To that end, a Project Manager in the field of the Endangered Species Act (ESA) will be required. In addition to such goals of properly responding to the ESA in terms of "hoops" and permitting processes, the most important is for the City to remain in compliance with federal, state and local laws as it relates to ESA. For such future proposed positions, Councilmember Carter requested written documentation be included in the agenda packet which shows where the positions fall in relation to other city positions. Ms. Jessop noted this position, in terms of duties and salary, is comparable to that of a Building Official or Public Works Project Manager. Council consensus was to move this item to the City Council Regular Meeting of March 5. ._.. ......w...�a......e.,r.,�ur�!r, x�+ ';k.!cM•o,�gers<trwprt�ar.�YbS' 4 �4s,�+; i+ P ett. Aeq City of Tukwila Page 2 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 b. Briefing on Code Amendment Pertaining to Group Homes and Correction Facilities Planning Manager Jack Pace presented an overview of the issues faced by the City Council. A moratorium on this issue was extended on January 16, 2001. Said moratorium will expire on August 22, 2001. City staff has reviewed such items as how other jurisdictions treat these types of facilities; different categories of the facilities; as well as federal and state regulations which apply. At the November 28, 2000 Community Affairs & Parks Committee meeting, a briefing on the issues was conducted. There, it was agreed City staff would continue to study the issue and forward the item to the Committee of Whole. Minutes from the 11 /28/00 meeting were provided to Council for this meeting. Contracted attorney for the City, Bob Johns, next addressed the Council. Citing two sets of rules that must be followed American with Disabilities Act (ADA) and Federal Housing Act (FHA), Mr. Johns informed the Council that the Tukwila Municipal Code (TMC) does not address the different categories of group homes. Additionally, the City's zoning code contains no definition for correctional facilities or group homes; yet the term correctional institution is listed as an unclassified use in TUC, C/LI, LI, HI, RC, TVS zones. Moreover, the City's definition of "family" in the Land Use Code is not consistent with Federal and State Fair Housing laws. Of specific concern is the number of adults (related and/or unrelated) which may reside within a single family dwelling. Mr. Johns informed Council that Tukwila must take a proactive approach and resolve these issues before an appeal or non - compliance application/petition is filed with authorities. Considering the proposed policy options brought forth by City staff, Mr. Johns first asked Should the definition of family be changed? City staff and attorney Johns propose Council change the definition of Family (in the Land Use Code) to limit the maximum number of related or unrelated individuals to six. Minors living with at least one parent will not be counted as part of the maximum number of residents. This is within a single - family residential zone. As it relates to multi - family zones, Mr. Johns noted the City cannot disallow group homes without violating the ADA. This includes drug treatment homes where attendance is voluntary in nature. Conversely, criminal justice facilities may be treated differently and can be placed where the City deems it appropriate. That, he noted, would not be within multi - family zones or single family residential zones. Mr. Johns fielded questions for clarification from Councilmembers as it related to this issue specifically. After questions, answers and discussion, consensus of Council was to change the definition of Family to limit the maximum number of related or unrelated individuals to six. Minors living with at least one parent will not be counted as part of the maximum number of residents. Presenting the second (of four) issues to Council, Mr. Johns said this is how the City decides what will be allowed and where; i.e., how to categorize different types of Group Homes and where should different categories be permitted. City Staff and attorney recommends the Council categorize group homes into two categories based on the number of residents. Similar to the definition of family, allow a group home for a maximum of six resident in Low- z z Ce w 00 (o W J H u_ d u zI- w w co U� o —: o1— tu =U 1— H z w U =. 0 - z City of Tukwila Page 3 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 Density Residential zone. Group homes for more than six residents would be permitted wherever multifamily development is permitted. Council could also create a separate category (correctional facility) for those under the criminal justice system. Mr. Johns explained there is no legally defensible way to evenly disburse group homes throughout the City. Said even distribution goes against the rules of the ADA and the FHA. Council consensus was to categorize group homes into two categories based on the number of residents. Similar to the z definition of family, allow a group home for a maximum of six resident in Low - Density ; 1 z Residential zone. Group homes for more than six residents would be permitted wherever multi- tr w family development is permitted Council could also create a separate category (correctional 6 6 m facility) for those under the criminal justice system. c.) 00 cow The third issue before Council asks, "What should be the required review process for Group -I i- Homes, where people are asked to obtain permits ?" Mr. Johns reviewed the various possibilities u 0 as 1) make this a Type I permit; which means the DCD Director (Mr. Lancaster) has the 2 privilege of making the controversial decision, and it's not appealable, unless someone wants to g 5 go to Court. 2) Make this a Type II permit requires notice to the community, input to the DCD Li. o Director, who then makes a decision. Type II permits are appealable to the hearing examiner or w City Council. Or, 3) Make them conditional use permits; yet staff and attorney Johns are Z = definitely not recommending. o z F- w Mr. Pace reminded Council the question applies to currently existing facilities (where someone o wants to buy and convert an existing house (in a single - family zone) into a group home facility o w of some kind for any number of people. An application would be required. The question is who 0 makes the decision on that outcome of that permit. Councilmember Duffle spoke against = 0 burdening just one person with the decision and the fairness of making just one person LI 0 responsible. Mr. Johns noted that if a Type II is selected, Mr. Lancaster would only be . z responsible for the initial decision. That decision would be appealable. Councilmember Cu Haggerton recommends a Type II process, appealable to the Council, as they are very sensitive H about residential neighborhoods, and increasing the qualities thereof. Councilmember Carter z wants to review the zoning code charts and Councilmember Linder would like more information before making a decision. Mr. Johns noted staff would come back to Council with a chart showing which types of things come to Council now, as opposed to the kinds of things delegated to other boards and/or individuals. Although there was a strong sense of direction for a Type II decision, Mr. Johns will draft the ordinance that way; yet will leave the appealable body portion as optional, until Council makes a formal decision. The fourth and final issue asks, "Where should correctional facilities be permitted ?" Noting the desire to keep such facilities away from schools, parks and playgrounds, Mr. Johns informed Council much thought has gone into this question. City staff and attorney suggests correctional facilities be listed as an unclassified use in MIC /H, MIC /L, TVS, HI, LI zones and require City Council approval. These places would not lend themselves to playgrounds, schools, etc. and would essentially be located in industrial areas for the most part. City of Tukwila Page 4 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 Mr. Johns recommended, very strongly, that these items be determined by unclassified use permit. That process requires a full review by the department, a recommendation, and ultimately a public hearing before the City Council, as these will be the most controversial in terms of community viewpoint. Councilmembers Hernandez, Carter and Linder all stated their concern with allowing said facilities in the TVS zone. Consensus was to approve the proposed listing as unclassified use for all areas previously mentioned, with the exception of the TVS zone. After consideration and questions of clarifications from the Council, consensus was to list correctional facilities as an unclassified use in MIC /H, MIC /L, HI, LI zones and require City Council approval. Mr. Pace noted a proposed ordinance would be drafted and reviewed at the next Planning Commission meeting; followed by review at the Planning Commission, Community Affairs and Parks, the Committee of Whole and ultimately at a Regular meeting of the City Council. REPORTS: a. Mayor Mayor Mullet, in addition to Governor Gary Locke, King County Executive Ron Sims, attended the Bridge Opening on 196th Street South, (overpass over railroad tracks) in Kent; paid for with an L.I.D. He also attended the Economic Development Conference on Friday, the 23rd of February, where Robert Reich, former Secretary of Labor, addressed the group on the issue of finding a balance between chasing our jobs and chasing our lives. Mr. Mullet also reminded the Council of the March 7 meeting wherein Mr. Freidman will address the Council on his visions of Tukwila Village. Selected guests include the Planning Commission, Highway 99 Action Committee, Arts Commission, the Community Affairs & Parks Board, the Economic Development Committee, some banks, bonds people, Chamber of Commerce, etc. He also reminded Council of the March 12 meeting, at the Tukwila Community Center, where Brian Sullivan and students will present ideas focusing on results for students' works to integrate housing into Tukwila Village Project. b. City Council Councilmember Duffie attended the Employees Appreciation Banquet and thanked those on the Planning Committee for their efforts. He attended the dedication of the new Parks & Golf Facilities Maintenance building on February 21. He thanked the members of the Student Council who were present at this meeting. Councilmember Carter noted the Transportation Committee meeting for this evening and March 12 were canceled. She attended the February 20 SCATBd meeting and will attend a February 27 meeting wherein they will discuss Blue Ribbon Commission recommendations. She also attended the February 21 presentation on meth labs and the February 23 Suburban Cities meeting where they held the Sound Transit Forum, which was not well attended. City of Tukwila Page 5 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 Ms. Carter plans to attend the February 28 Tukwila Community Cares Network meeting and the Cascade Water Alliance luncheon. Those meeting will be followed by the Foster Community Club meeting that night, wherein Mayor Mullet will address the group. She spoke of an upcoming workshop /meeting of the Puget Sound Regional Council General Assembly meeting at the Maiden Bower Center. The focus of the meeting will be an update of Q the MTP, Destination 2030. ' 1 z ce w Councilmember Hernandez attended the dedication ceremony of the Parks Maintenance 6 v Facility on February 21. On February 22, she attended the Economic Development Task Force v meeting as well as the February 24 Employee Appreciation Banquet. 0 LLI J = f-. Ms. Hernandez noted Municipal Court Judge Peter Lukevich brought to her attention House Bill co a- 1101, scheduled for public hearing on March 2, before the House Committee on Appropriations. 2 ' This is legislation which would generate new dollars for local government, as a source of funds for law enforcement, prosecutors and courts. The monies would be added to traffic citations and ii- collected and disbursed upon receipt of the fines. = a I- Lli z= Finally, Ms. Hernandez wanted to be sure Council reviews a catalog in Lucy Lauterbach's }— p cubical regarding shirts /jackets for Council. She noted the catalogs would be present for at least w I- al one week. 2 o UN Councilmember Haggerton attended the February 21 Suburban Cities Association Board o E—. meeting wherein they began taking steps toward a long -range strategic plan for the association. tu v He also attended the February 22 Thomas Jefferson presentation by Clay Jenkins as well as the Staff /Council Economic Development Council retreat at the DoubleTree. L z di v Mr. Haggerton will attend the February 28 Cascade Water Alliance Annual Meeting at the. Space = Needle in Seattle, slated to begin at 11:30 a.m. wherein Governor Locke will address the group Z at 12:45 p.m. He will attend a March 1 ACC Board meeting of those who will attend NLC Conference March 8 — 14 to discuss special arrangements for meetings between the board members and legislators on specific items, including the 3rd runway. Councilmember Linder will attend the February 27 Community Affairs and Parks meeting. She will visit the Arboretum on March 2 with Bruce Fletcher and Mayor Mullet. She invited all Councilmembers to attend. She encouraged carpooling. Councilmember Fenton had no report. Councilmember Simpson attended the February 21 Parks & Golf Maintenance facility dedication; and the February 24 Employees Appreciation Banquet. He also attended the Highway 99 Action Committee Clean up on the 24th of February and recognized City Administrator John McFarland and his wife assisted in the cleanup of over 240 pounds. Student Councilmember A.J. Geiss thanked the Council for allowing him to attend. He noted others student Councilmembers will be attending COW & Regular meetings of the City Council. City of Tukwila Page 6 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 c. City Administrator Mr. McFarland noted community correspondence has waned relating to Tent City residents. Mr. McFarland attended the recent Suburban Cities Association meeting with Steve Lancaster. Minutes from that meeting, published by Deb Eddy, will be copied and distributed. Next, Mr. McFarland noted his attendance at a connectivity meeting today with Jim Morrow and Dave Sabey, in Spokane. He also attended the same type of meeting on February 23 with a public i G W works employee and Mike Ragsdale. Finally, Mr. McFarland noted the passing of former Public Works employee, Chris Collins, on c.) o Saturday, February 24, 2001. Ms. Collins was named the Public Works Employee of the Year, w w approximately two weeks ago at her "retirement" celebration. Ms. Collins was also presented ►- with her 10 -year pin. w o: d. City Attorney City Attorney Bob Noe had no report. w' _ z'- MISCELLANEOUS: z 0: ww Councilmember Duffle noted Tent City residents are still in need of blankets and tents and /or v tent poles. ,p N Councilmember Hernandez noted a March 1 Equity & Diversity Commission meeting. v Student Councilmember Shane Young announced the Foster High School Leadership Class iu has planned a February 28, 9:00 a.m. visit to the residents of Tent City. At that visit, needs will U co . be discussed and the class will make another trip and deliver some of the items needed by the 01- residents. z Councilmember Carter asked about a decision on the shirts. Councilmembers spoke in favor of having a variety of items; and not all having the same shirts and /or jackets. 8:45 p.m. Fenton moved; Duffie seconded; to take a 5- minute recess and adjourn into executive session. The motion carried 7 -0. EXECUTIVE SESSION: Personnel Issue - Pursuant to RCW 42.30.110(1)(8) 8:59 p.m. Executive Session began. 9:50 p.m. Executive Session ended. No action was taken. City of Tukwila Page 7 of 7 City Council Committee of Whole Meeting Minutes February 26, 2001 ADJOURNMENT: 9:50 p.m. Having no other business, Council President Hernandez adjourned the executive session, reconvened and adjourned the Committee of Whole meeting. ��- L- r�C�tJ Jo ernandez, Council President &)at ba Robert H. Baker, CMC, Deputy City Clerk Date Minutes Signed: k..,3 8 /01 z w: te uJ J U 0 • u) W J I—' g J° !L Q I Ili zl—: O. Z t-- V O NY W W' .1 U Or Z .0 .. •Z. TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT INTER-OFFICE MEMO TO: City Council FROM: Steve Lancaster L. SUBJECT: Code amendments pertaining to group homes and corrections facilities DATE: February 26, 2001 Staff and our consulting attorney, Bob Johns, will be briefing the Committee of the Whole this evening on potential code changes relating to group homes and correctional facilities. In preparing your agenda for the meeting, we neglected to include a copy of the Community Affairs and Parks Committee meeting at which this topic was last discussed. A copy of the minutes is attached for your information. We apologize for this oversight. Cc: Mayor Mullet John McFarland City Clerk Q: \STEVE\AMEMO.doc Page 1 of 1 z z 6 U• O 0: ' u) W` W= J • LL', ww O < z� I_ 0' Z ►--: LJJ D 0 I-` W uu. 0 —O wz UN o�. Community and Parks November 28, 2000 Present: Dave Fenton, Chair; Joan Hernandez, Pam Linder Steve Lancaster, Rhonda Berry, Evie Boykan, Stacy Hanson, Bob Noe, Minnie Dhaliwal, Alan Doerschel, Bruce Fletcher, Lucy Lauterbach; Sharon Mann - realtor; Bob Johns -Land Use Attorney • 1. Cascade Park Project Sharon explained her progress on assembling parcels for Cascade Park. Most of the parcels are in some stage of being sold, although there have been issues that have prevented progress on three lots, all of which are at one of the two ends of the proposed park. At this point, the p- ioject is still within budget, and may stay so until the end. Bruce suggested he announce the park at a Council meeting when all of the needed properties are in progress of being tied up. Information. - 2. ,Moratorium on Group Homes Minnie introduced the subject and referred to the staff report that was in the packet. She gave the background of the recommendations staff made. No other jurisdictions have codes that legally comply with the Federal Fair Housing Act. The Act, passed in 1968, was amended in 1988 to include disabled people among those who cannot be discriminated against. A handicap can exist if a person is recovering from an alcohol or drug dependence. There are different kinds of group homes, ranging from state- licensed to privately run. Our regulations do not differentiate between different types of halfway homes; and our definition of family needs to be 'changed. Bob Noe summarized state and federal legislation in the area of group homes. He said the City ' could be liable, as several California cities were when groups sued them successfully for not complying with the Fair Housing Act. He and Steve both recommended being proactive on this issue. One of the easiest things to do is to separate the issues of correctional facilities and group homes. Correctional facilities are less protected than are disability group homes, and can be sited in a narrower band of areas than can group homes. One issue there is that if people are court- ordered into a drug/alcohol treatment, their homes are classified as correctional facilities. However, if it is not somehow court or police - ordered, drug treatment houses can be'the most difficult for a community Our code says no more than 5 unrelated people can live together, and this violates state and federal law. However, any change will apply to every house that has a large number of people living in it, so it will need to be carefully studied. Group homes often are not even known about. One example is the Conquest house on S. 144th, which was in Tukwila for two years before anyone knew about it. Dave expressed some exasperation that no other city has addressed these issues comprehensively. Bob Johns said the courts have moved the goal posts more than once by saying group homes did not need a special permit, for example. . Staff has looked at addressing this problem in several different ways. They thought about regulating the number of bedrooms, but ran into a conflict with the Uniform Building Code, which allows many bedrooms. It was similar with regulating square feet. • Community and Parks November 28, 2000 Page 2 Dave suggested separating the correctional facilities and group homes into two different ordinances. The staff proposals for dealing with group homes include allowing group homes of 6 or fewer in any residential area. More than 6 adults would be sited in multiple housing zones, or in single family zones with a conditional use permit. Pam asked what would prevent applicants from saying they were operating a dorm.. Staff answered they may regulate the number of people in a house.. The attorneys and committee members agreed Council will need to be careful not to say anything discriminatory about group homes when this goes to Council on its way to the Planning Commission. Steve noted that neighbors of group homes have been some of their strongest defenders, because they are most often good neighbors. Joan asked whether correctional facilities were covered under the Fair Housing Act, and was told no. Steve will give talking points to Dave for the Council retreat when this is to be discussed. Policy Discussion. 3. Human Services Budget Detail Evie gave an explanation of the Board's process for choosing projects. 21 previous projects were.chosen, and 6 new programs. Criteria were how well agencies knew their target populations; whether they provided case management, addressed diversity; their responsiveness to problems; and whether the programs took place in Tukwila or elsewhere. Of the projects that were not renewed, Catholic Community Services Chore Services and SEAMAR both suffered from not being able to get workers to do the job. After changing providers and suffering through a second year of few successes, that program was dropped. Stacy noted that staff knows that is a need, but an even greater need could be homelessness, which the Advisory committee considered. The Work Options and CACD were dropped because the State is doing so much work in this area the city's efforts were duplicative. Refugee Health Advocacy was replaced by the International Rescue Committee's South End Service Center. DAWN has gone in.a direction the Board could not support. Other cities have also dropped funding for DAWN because the organization is currently weak and possibly in transition. The Emergency Feeding Program was very much supported by staff and others, but they didn't get their proposal in on time; so were dropped. Evie and Stacy both said what a struggle it is for the Board to whittle down all the proposals they get down to 27. The committee was satisfied with their explanations; Evie will write a memo addressing some of the things she covered in committee. Information. . Committee Chair approval . City of Tukwila Department of Community Development MEMORANDUM TO: Council of the Whole FROM: Steve Lancaster, DCD Director RE: Moratorium on correctional faci 'es and similar land uses DATE: February 16, 2001 Steven M. Mullet, Mayor Steve Lancaster, Director On January 16, 2001, the City Council extended the moratorium on correctional facilities and similar land uses, until August 22, 2001. The moratorium was established to provide an opportunity to review, research and resolve complex code issues related to siting of community treatment centers for prisoners, correctional facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities, group homes of various types and similar land uses. In response to the current moratorium, staff has looked at how other jurisdictions treat these different types of facilities; what are the different categories of these facilities; and what federal and state regulations apply to these different types of facilities. On November 28, 2000, Community and Parks (CAP) Committee was briefed on issues involved with these types of facilities. CAP has forwarded the proposed changes to the Council of the Whole for briefmg. This report contains the information obtained by staff and also lays out the policy options and recommendations for your consideration. It also discusses more specific standards, regulations and code amendments related to these types of facilities. BACKGROUND What are Group Homes? The deinstitutionalization of persons with mental and physical disabilities has rapidly occurred throughout the country in the last several decades. This has resulted in a proliferation of alternate living arrangemerits commonly referred to as "group homes ". Such homes allow disabled individuals to live together in a residential setting with the advantages of a family like structure. In recent years, the group homes concept has included a number of unsupervised, self - governing homes that provide housing for various individuals with different backgrounds, ranging from individuals with physical and mental disabilities, recovering alcoholics and drug addicts, to individuals who have been incarcerated for crimes and who are in what are commonly called "half -way houses ". Some group homes are required to be licensed through a state agency such as Department of Social and Health Services (DSHS) or Department of Health. However some of the programs run by groups such as Oxford House are not required to be licensed by any state agency. Il. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Group Homes Memo February 16, 2001 Issues with current regulations: • Our current codes do not address the different categories of such facilities. However, there are substantial differences in the scope or type of legal restrictions that can be w imposed on the various types of uses. 6 U • There is no definition for correctional facilities or group homes in zoning code. co o However, correctional institution is listed as an unclassified use in a TUC, C/LI, LI, w HI, RC, TVS zones. w0 • Our current definition of "family" in the Land Use Code is not consistent with L g Federal and State fair housing laws. Under the current definition of "family" any number of related individuals or those who are disabled (protected under the Federal = a Fair Housing Act) may reside in a single dwelling. This means that 300 or even more 1 i individuals that are either related or are protected under Federal Law may reside in Z '' one dwelling. However only a maximum of five unrelated individuals may reside in w o one dwelling. o Federal/State Laws o wu The Fair Housing Act (Title VIII of the Civil Rights Act, 1968) banned housing 1 discrimination on the basis of race, color, religion, sex and national origin. The 1988 "—" z amendments to the Fair Housing Act (FHAA) prohibit discrimination against people with o disabilities and on account of familial status in public as well as private housing. The Act P I. defines discrimination to include not only traditional discriminatory practices, but also z "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling ". The Act defines disability as a physical or mental impairment which substantially limits one or more of a person's major life activities; a record of having such an impairment; or being regarded as having such an impairment. In response to the FHAA, the Washington State Legislature added a new section to chapter 35.63 RCW in 1993. It states, "No,city may enact or maintain an ordinance, development regulation, zoning regulation �r official control, policy, or administrative practice which treats a residential structure occupied by persons with disabilities differently than a similar residential structure occupied by a family or other unrelated individuals." Orr 2 iz- Group Homes Memo February 16, 2001 POLICY OPTIONS The remainder of this report raises the issues that need to be considered as part of this code amendment process. Different policy options are laid out. Staffs recommended option is listed in italic font. Issue #1: Should the definition of Family be changed? The current definition of "family" is not consistent with Federal and State Laws. The existing definition of "family" is applied to single family dwelling units and regulates development in LDR zoning district. Policy options: 1. Keep the definition of Family the same i.e. limit the number of unrelated individuals to six with an exception for those individuals protected under Federal Law. Under this option unlimited number of related individuals or those individuals protected under Federal Law could reside in one dwelling unit. 2 Change the definition of Family to limit the maximum number of related or unrelated individuals to six. Minors living with at least one parent will not b counted as part of the maximum number of residents. 3. Do not a have a definition of Family i.e. allow any number of related or unrelated residents. Issue #2: How to categorize different types of Group Homes and where should different categories be permitted? Policy Options: 1. Do not change the codes and do not categorize the group homes and allow them in all zones. Categorize group homes into two categories based on the number of residents. Similar to the definition of the family, allow a group home for a maximum of six residents in Low - Density Residential zone. Group homes for more than six residents should be permitted wherever multifamily development is permitted. Create a separate category (correctional facility) for those under criminal justice system. 3. `'.Do not categorize the group homes by number of residents and allow them in all residential zones but have a separate category for Correctional Facilities for those under criminal justice system with specific locational criteria. 3 N'11f�cd� �N�riWP4'# A"�c..`StBtFilth'etA�.�tarwa+�s aW�LMew} N1M.n+'/tA`!.MNtt..k.'P.t4R`S'' ... rA�.slarsPM»mrpi+ »�acrx.er,..r. - rw.l erx* rw:.+. M�x> w.`^. 't�t.`fi'nIM611iifdl�k�`{S.�l.-. Group Homes Memo February 16, 2001 Issue #3: What should be the required review process for Group Homes? Per Federal and State laws, the required review process for group homes must be similar to the review process for other forms of residential development that accommodate comparable number of individuals. For instance, if apartments are listed under permitted z uses in a particular zoning district, group homes that provide housing of a similar nature a should also be listed under permitted uses. � w Policy Options: -J o co o 1. Allow group homes as conditional uses. In order to be consistent with Federal w w Law make all other developments including single family dwelling units as u_ u_ conditional uses. w o 2. Allow group homes for less than six residents in residential zones as a permitted u- a use. Allow group homes for more than six residents where multifamily cn d development is permitted as a permitted use. This essentially treats a group home I- i in the same manner as a group of individuals living together who are not z F- protected by the ADA. z o w w 3. Allow group homes for maximum of six residents in LDR zones as permitted use. v o Allow group homes for more than six residents in MDR and HDR as conditional o D use. In order to be consistent with Federal Law make all multifamily development w w in MDR and HDR zones as a conditional use instead of permitted use. w .. z. N Issue #4: Where should correctional facilities be permitted? i I 0 This category would include half way houses for juvenile offenders, community treatment centers for prisoners, transitional homes for prisoners, pre - release centers and limited security detention facilities except jails operated and owned by the City. Halfway houses for residents who are not currently under criminal justice system but who may have been formerly under some court mandated program would be regulated as a group home instead of a correctional facility. Correctional facilities are considered essential public facilities under the State Law. Also, per State Law, no local comprehensive plan'or development regulation may preclude the siting of essential public facilities. Policy Options: 1. List it as an unclassified use in MIC/H zone and require City Council approval. 2. List it as an unclassified use in MIC /H, MIC /L, TVS, HI, LI zones and require s:t ,;City Council approval. .'7naK�k3'4i;. ' :oil �4vwf!:hi'..oi ) �ira3:' fL�*. iw` f4kku `CW91'r3iic#?.1i.5�i1�a' =!iY 4 ..x. ..�icT3:a�3iimY✓r.'Y.�'1 ti,. not.' -.(( z •`1 Group Homes Memo February 16, 2001 3. List it as unclassified use in all industrial and commercial zones and require City Council approval. Based on the above discussion of policy options the following table summarizes the staff's recommendations for proposed code changes. Type of facility Zoning district Process Example of type of facility Group Homes for all individuals including disabled as defined by FFHA up to a maximum of six residents. LDR MDR HDR Permitted Use Adult family homes for six residents. Foster homes Halfway houses for six residents who are not currently under criminal justice system but who may have been formerly under such system. Group Homes for more than six residents including disabled as defined by FFHA. MDR HDR and other commercial zones where multifamily is permitted Permitted Use Adult family homes for physically or mentally disabled for more than 6 residents. Facilities that have boarding home license from Department of Health and Social Services. Halfway houses, Oxford houses for more than six residents who are not currently under criminal justice system but who may have been formerly under such system. Group Homes Memo February 16, 2001 Type of facility Zoning district Process Example of type of facility Correctional MIC/H Unclassified use- Drug &Alcohol Facilities MIC/L TVS HI LI City Council approval rehab facilities, Group homes for sex offenders, Half way houses for juvenile offenders, community treatment centers for prisoners, transitional homes for prisoners, pre - release centers, limited security detention facilities and private jails. NEXT STEP Based on the policy direction set by the Council of the Whole, staff can then provide more specific regulations and code amendments for Planning Commission's review. Following is a tentative schedule for this code amendment: Planning Commission work session and hearing March-22, 2001:.; CAP-'Briefing April, 2001 COW Briefing May, 2001 COW Hearing June, 2001 6 • City of Tukwila Washington Ordinance No. / J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON CERTAIN LAND USE ACTIVITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance with the Growth Management Act; and WHEREAS, the City has adopted a Zoning Code consistent with that Comprehensive Plan; and WHEREAS, the City has adopted development regulations consistent with the Comprehensive Plan and in compliance with the Growth Management Act; and WHEREAS, most types of land use are identified and provided for in the City's Zoning Code; and WHEREAS, there are certain types of land uses relating to shelters, community residential treatment facilities, community treatment centers for prisoners, transitional homes for prisoners, prerelease centers, limited security detention facilities, and similar uses that are not addressed within the City's Comprehensive Plan or Zoning Code; and WHEREAS, the City recognizes that the federal Fair Housing Act was amended by Congress in 1988 to add protections for persons with disabilities and families with children; and WHEREAS, the City desires to ensure that the zoning of such uses is consistent with its policies and purposes embodied in its Comprehensive Plan, Zoning Code, and development regulations; and WHEREAS, the City also desires to ensure public input on these issues; and WHEREAS, the City continues to study and receive public input on these issues; and WHEREAS, because the City desires to continue to preserve the status quo as it relates to development in Tukwila until these matters are more fully considered, the Council passed on February 22, 2000, Ordinance No. 1902 establishing a moratorium on these certain land use issues, and renewed that moratorium by Ordinance No. 1922 on August 7, 2000; and WHEREAS, the City's moratorium will expire on February 22, 2001; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "WHEREAS" clauses, above, are hereby adopted as the City Council's Findings of Fact and are by this reference incorporated herein as if set forth in their entirety. Mrt -land dev 2nd ext 1 -01 1 Section 2. Moratorium Renewed. The moratorium established upon the filing of development permits and approvals relating to shelters, community residential treatment facilities, community treatment centers for prisoners, transitional homes for prisoners, prerelease centers, limited security detention facilities and similar land uses is hereby renewed. "Development permits and approvals" shall include, but are not limited to, subdivision approvals, short subdivision approvals, approvals for any and all rezones, site plan review approvals, multi- family development permits and approvals, and building permits for development activity resulting in the alteration of existing units or the creation of new units. No such new applications shall be accepted during the effective period of this moratorium; provided, however, that this moratorium shall not affect vested rights, if any, applicable to any such previously submitted and fully completed applications. Section 3. Effective Period of Moratorium. The moratorium renewed by this ordinance shall become effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after a subsequent public hearing and entry of findings of fact. Section 4. Public Hearing to be Held. A public hearing on the issue of the moratorium shall be held no later than sixty (60) days after the date of adoption herein. Section 5. Work Program. The Mayor is authorized to allocate the necessary resources to continue a work program to address the land use issues identified in this ordinance and the City shall implement such a work program. Section 6. 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 7. 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 on February 22, 2001. PASSED BY THE CITY C U C Regular Meeting thereof this OF THE C $ OF TUKWILA, WASHINGTON, at a day of �� t,c --�' 2001. Steven M. Mullet, Mayor Al 1EST /AUTHENTICATED: (lane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the ' y Attorney FILED WITH THE CITY CLERK: / /// PASSED BY CITY COUNCIL: /// (v /0 PUBLISHED: / /y /Q / EFFECTIVE DATE: J/.2 C) ORDINANCE NO.: / j Mrt -land dev 2nd ext 1 -01 2 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: Mayor Mullet FROM: Steve Lancaster DATE: January 9, 2001 MEMORANDUM RE: Extension of Ordinance No. 1902 (Moratorium on Correction Facilities and similar land uses) On February 22, 2000 the City Council adopted Ordinance No. 1902, establishing a moratorium on the filing of development and /or land use permits for "community treatment centers for prisoners, correction facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities and similar land uses." On August 7, 2000, Ordinance 1922 was adopted, to extend the Moratorium for six additional months i.e. until February 22, 2001. Since adoption of the ordinance, staff has briefed the Community and Parks (CAP) Committee regarding different policy options to address these types of facilities. The CAP Committee has forwarded the proposed code changes to the Council of the Whole (COW) for briefing. Based on a tentative schedule for this code amendment process, which includes Planning Commission work session and hearing, CAP briefing, COW briefing, and COW hearing, it is clear that formal code changes cannot be completed prior to February 22,2001, expiration of the moratorium. For that reason, staff recommends passage of a six -month extension of the moratorium ordinance. If approved, the extension would "dovetail" with the expiration of the previous ordinance, creating a new expiration date of August 22, 2001. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director January 8, 2001 Monna Rose Seattle Union Mission 3800 South Othelb 51'. Seattle WA 98118 Re: Public hearing on extension of moratorium on certain land uses related to shelters, community residential treatment facilities, community treatment centers for prisoners and similar uses. Dear Ms. Rose: Attached is the notice' of Public Hearing that was published in the official newspaper. Public hearing is regarding extension of the moratorium. If you have any questions, you can reach me at 206 - 431 -3685. Sincerely, -1144-41-41-t-,,b/Lat-ei Minnie Dhaliwal Associate Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z a IZ: u-w J 0' oo u)0: • W2 .w 0L, • ¢. • a, W Z F-- O, •z U� 'O N, I U. Pi LLi o I'. z City of Tukwila NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON TUESDAY, JANUARY 16, 2001, BEGINNING AT 7:00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING: AN ORDINANCE RENEWING A MORATORIUM ESTABLISHED BY ORDINANCE NO. 1922 ON CERTAIN LAND DEVELOPMENT ACTIVITIES RELATING TO SHELTERS, COMMUNITY RESIDENTIAL TREATMENT FACILITIES, COMMUNITY TREATMENT CENTERS FOR PRISONERS, TRANSITIONAL HOMES FOR PRISONERS, PRE - RELEASE CENTERS, LIMITED SECURITY DETENTION FACILITIES AND SIMILAR USES THAT ARE NOT ADDRESSED WITHIN THE CITY'S COMPREHENSIVE PLAN OR ZONING CODE. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN TESTIMONY TO THE CITY CLERK'S OFFICE UNTIL 5:00 PM ON TUESDAY, JANUARY 16, 2001. THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON MONDAY IF WE CAN BE OF ASSISTANCE (206- 433 -1800 OR TDD 1- 800 - 833 - 6388). Z� I DATED THIS 6� DAY OF de," 4-4€/?) , 2000. CITY OF TUKWILA J Ccf tx E. CANTU, CMC, CITY CLERK DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, DECEMBER 29, 2000 } TO: FROM: RE: DATE: City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM Community Affairs and Parks Committee Steve Lancaster, DCD Director Moratorium on correctional facilities and similar land uses November 28, 2000 On August 7, 2000, the City Council extended the moratorium on correctional facilities and similar land uses. The moratorium was established to provide an opportunity to review, research and resolve complex code issues related to siting of community treatment centers for prisoners, correctional facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities, group homes of various types and similar land uses. In response to the current moratorium, staff has looked at how other jurisdictions treat these different types of facilities; what are the different categories of these facilities; and what federal and state regulations apply to these different types of facilities. This report contains the information obtained by staff and also lays out the policy options and recommendations for your consideration. It also discusses more specific standards, regulations and code amendments related to these types of facilities. BACKGROUND What are Group Homes? The deinstitutionalization of persons with mental and physical handicaps has rapidly occurred throughout the country in the last several decades. This has resulted in a proliferation of alternate living arrangements commonly referred to as "group homes ". Such homes allow handicapped individuals to live together in a residential setting with the advantages of a family like structure. In recent years, the group homes concept has included a number of unsupervised, self - governing homes that provide housing for various individuals with different backgrounds, ranging from individuals with physical and mental disabilities, recovering alcoholics and drug addicts, to individuals who have been incarcerated for crimes and who are in what are commonly called "half -way houses". Some group homes are required to be licensed through a state agency such as Department of Social and Health Services (DSHS) or Department of Health. However some of the programs run by groups such as Oxford House are not required to be licensed by any state agency. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665 Group Homes Memo Page 2 of 6 Issues with current regulations: z ¢ ,. • Our current codes do not address the different categories of such facilities. However, , i z there are substantial differences in the scope or type of legal restrictions that can be g imposed on the various types of uses. ...10 UO. • There is no definition for correctional facilities or group homes in zoning code. w = However, correctional institution is listed as an unclassified use in a TUC, C/LI, LI, -J1— HI, RC, TVS zones. 1 W O • Our current definition of "family" in the Land Use Code is not consistent with g 5 u. Q Federal and State fair housing laws. Under the current definition of "family" any co d number of related individuals or those who are disabled (protected under the Federal I w Fair Housing Act) may reside in a single dwelling. This means that 300 or even more z individuals that are either related or are protected under Federal Law may reside in z O. one dwelling. However only a maximum of five unrelated individuals may reside in w w one dwelling. n o. U co O I- 111 w. u~. H, O. .z. w UN �1 z Federal/State Laws The Fair Housing Act (Title VIII of the Civil Rights Act, 1968) banned housing discrimination on the basis of race, color, religion, sex and national origin. The 1988 amendments to the Fair Housing Act (FHAA) prohibit discrimination against people with disabilities and on account of familial status in public as well as private housing. The Act defines discrimination to include not only traditional discriminatory practices, but also "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling ". The Act defines handicap as a physical or mental impairment which substantially limits one or more of a person's major life activities; a record of having such an impairment; or being regarded as having such an impairment. In response to the FHAA, the Washington State Legislature added a new section to chapter 35.63 RCW in 1993. It states, "No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals." Group Homes Memo Page 3 of 6 POLICY OPTIONS The remainder of this report raises the issues that need to be considered as part of this code amendment process. Different policy options are laid out. Staff's recommended option is listed in italic font. Issue #1: Should the definition of Family be changed? The current definition of "family" is not consistent with Federal and State Laws. The existing definition of "family" is applied to single family dwelling units and regulates development in LDR zoning district. Policy options: 1. Keep the definition of Family the same i.e. limit the number of unrelated individuals to six with an exception for those individuals protected under Federal Law. Under this option unlimited number of related individuals or those individuals protected under Federal Law could reside in one dwelling unit. 2. Change the definition of Family to limit the maximum number of related or unrelated individuals to six. Minors living with at least one parent will not be counted as part of the maximum number of residents. 3. Do not a have a definition of Family i.e. allow any number of related or unrelated residents. Issue #2: How to categorize different types of Group Homes and where should different categories be permitted? Policy Options: 1. Do not change the codes and do not categorize the group homes and allow them in all zones. 2. Categorize group homes into two categories based on the number of residents. Similar to the definition of the family, allow a group home for a maximum of six residents in Low - Density Residential zone. Group homes for more than six residents should be permitted wherever multifamily development is permitted. Create a separate category (correctional facility) for those under criminal justice system. 3. Do not categorize the group homes by number of residents and allow them in all residential zones but have a separate category for Correctional Facilities for those under criminal justice system with specific locational criteria. Group Homes Memo Page 4 of 6 Issue #3: What should be the required review process for Group Homes? Per Federal and State laws, the required review process for group homes must be similar to the review process for other forms of residential development that accommodate comparable number of individuals. For instance, if apartments are listed under permitted uses in a particular zoning district, group homes that provide housing of a similar nature should also be listed under permitted uses. Policy Options: 1. Allow group homes as conditional uses. In order to be consistent with Federal Law make all other developments including single family dwelling units as conditional uses. 2. Allow group homes for less than six residents in residential zones as a permitted use. Allow group homes for more than six residents where multifamily development is permitted as a permitted use. This essentially treats a group home in the same manner as a group of individuals living together who are not protected by the ADA. 3. Allow group homes for maximum of six residents in LDR zones as permitted use. Allow group homes for more than six residents in MDR and HDR as conditional use. In order to be consistent with Federal Law make all multifamily development in MDR and HDR zones as a conditional use instead of permitted use. Issue #4: Where should correctional facilities be permitted? This category would include half way houses for juvenile offenders, community treatment centers for prisoners, transitional homes for prisoners, pre - release centers and limited security detention facilities except jails operated and owned by the City. Policy Options: 1. Do not have specific locational criteria but list it as an unclassified use in MIC/H zone and require City Council approval. 2. Do not allow this category within 1000 feet of residential and some commercial zones; within ' /_� mile of any school; or within 1000 feet of a public park, trial, recreational facility, place of worship or any library. It should be listed as an unclassified use and should require City Council approval. z z. re III, 6 U 0- (A 0. w I• cnLL .w 0 , g co =w • zF. • t-0. Z~ 2 U 0. :0 .0 1—r • w w. .z _ U. ui z. • •U=• 0f-. z Group Homes Memo Page 5 of 6 3. Do not have specific locational criteria but list it an unclassified use in industrial and commercial zones and require City Council approval. Based on the above discussion of policy options the following table summarizes the staff's recommendations for proposed code changes. Type of facility Zoning district Process Example of type of facility Group Homes for all individuals including disabled as defined by FFHA up to a maximum of six residents. LDR MDR HDR Permitted Use Adult family homes Foster homes Family Child care center(accessory use) Group Homes for more than six residents including disabled as defined by FFHA. MDR HDR and other commercial zones where multifamily is permitted Permitted Use Adult family homes for physically or mentally disabled for more than 6 residents. Facilities that have boarding home license from Department of Health and Social Services. Oxford houses for more than 6 residents who are not under criminal justice system. Correctional Facilities This category would not be allowed within 1000 feet of residential, MUO, O,NCC,RC,RCM and TUC zones; within %Z mile of any school; or within 1000 feet of a public park, trial, recreational facility, place of worship or any library. See attached map. Unclassified use- City Council approval Drug &Alcohol rehab facilities, Group homes for sex offenders, Half way houses for juvenile offenders, community treatment centers for prisoners, transitional homes for prisoners, pre - release centers, limited security detention facilities and private jails. • fi Group Homes Memo Page 6 of 6 NEXT STEP The next step would be for the Community and Parks Committee to forward the proposed changes to the Council of the Whole for briefing. Staff can then provide more specific regulations and code amendments that will accommodate and respond to the policy direction set the City Council. Following is a tentative schedule for this code amendment: COW briefing January, 2001 Planning Commission work session and hearing February, 2001 CAP Briefing March, 2001 COW Briefing March, 2001 COW Hearing April, 2001 Also, since the current moratorium will expire on February 7, 2001, it must be extended until the ordinance is finally adopted in April, 2001. To: FROM: DATE: RE: City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM City Council Steve Lancaster September 8, 20 0 Public Hearing concerning extension of Moratorium on Correction Facilities and other similar uses. On February 22, 2000, the City Council adopted Ordinance 1902, establishing a six month Moratorium on the filing of development permits and approvals related to "shelters, community residential treatment facilities, community treatment centers for prisoners, transitional homes for prisoners, prerelease centers, limited security detention facilities and similar land uses ". A public hearing on the issue of the Moratorium was held on April 3, 2000. On August 7, 2000, Ordinance 1922 was adopted, to extend the Moratorium for six additional months. Ordinance 1922 took effect on August 22, 2000. Extension of the Moratorium requires the City Council to hold this public hearing within 60 days of adoption. An extension of the Moratorium was necessary to resolve complex code issues related to siting of these facilities. Staff has done some preliminary research as to how different jurisdictions treat these various types of facilities. Based on the research it is evident that there is no easy answer to address these different types of facilities. Additional time is needed to address the complex code issues related to the siting of these facilities in the following areas: • What are the different categories of these facilities? What are appropriate zones for different categories? What is appropriate review process for different types of these facilities? • What different state agencies like Department of Health and Social Services, Department of Corrections, Department of Health and Bureau of Prisons are involved with licensing these facilities and what are their requirements? • What Federal and State law regulations apply to these different types of facilities? Staff will report to the Community and Parks Committee in October with preliminary options and recommendations on comprehensive plan/zoning code amendments to address these different types of facilities. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Litt' of Tukwila NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY, SEPTEMBER 18, 2000, BEGINNING AT 7:00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING: A MORATORIUM ESTABLISHED BY ORDINANCE NO. 1902 AND RENEWED BY ORDINANCE NO. 1922 UPON THE FILING OF DEVELOPMENT PERMITS AND APPROVALS RELATING TO SHELTERS, COMMUNITY RESIDENTIAL TREATMENT FACILITIES, COMMUNITY TREATMENT CENTERS FOR PRISONERS, TRANSITIONAL HOMES FOR PRISONERS, PRE - RELEASE CENTERS, LIMITED SECURITY DETENTION FACILITIES AND SIMILAR LAND USES. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN TESTIMONY TO THE CITY CLERK'S OFFICE UNTIL 5:00 PM ON MONDAY, SEPTEMBER 18, 2000. THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON MONDAY IF WE CAN BE OF ASSISTANCE (206- 433 -1800 OR TDD 1- 800 - 833 - 6388). DATED THIS 7 DAY O e2 1, L'/1/, 2000. CITY OF TUKWILA (-4-, c DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, SEPTEMBER 8, 2000 E E. CANTU, CMC, CITY CLERK A City of Tukwila Washington Ordinance No. /92,1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON CERTAIN LAND USE ACTIVITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance with the Growth Management Act; and WHEREAS, the City has adopted a Zoning Code consistent with that Comprehensive Plan; and WHEREAS, the City has adopted development regulations consistent with the Comprehensive Plan and in compliance with the Growth Management Act; and WHEREAS, most types of land use are identified and provided for in the City's Zoning Code; and WHEREAS, there are certain types of land uses relating to shelters, community residential treatment facilities, community treatment centers for prisoners, transitional homes for prisoners, prerelease centers, limited security detention facilities, and similar uses that are not addressed within the City's Comprehensive Plan or Zoning Code; and WHEREAS, the City recognizes that the federal Fair Housing Act was amended by Congress in 1988 to add protections for persons with disabilities and families with children; and WHEREAS, the City desires to ensure that the zoning of such uses is consistent with its policies and purposes embodied in its Comprehensive Plan, Zoning Code, and development regulations; and WHEREAS, the City also desires to ensure public input on these issues; and WHEREAS, the City continues to study and receive public input on these issues; and • WHEREAS, the City's moratorium will expire on August 22, 2000; and WHEREAS, the City desires to continue to preserve the status quo as it relates to development in Tukwila until these matters are more fully considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses, above, are hereby adopted as the City Council's Findings of Fact and are by this reference incorporated herein as if set forth in their entirety. Section 2. Moratorium established. The moratorium established upon the filing of development permits and approvals relating to shelters, community residential treatment facilities, community treatment centers for prisoners, transitional homes for prisoners, prerelease centers, limited security detention facilities and similar land uses is hereby renewed. Mrt -land dev ext 8 -2000 1 "Development permits and approvals" shall include, but are not limited to, subdivision approvals; short subdivision approvals, approvals for any and all rezones, site plan review approvals, multi - family development permits and approvals, and building permits for development activity resulting in the alteration of existing units or the creation of new units. No such new applications shall be accepted during the effective period of this moratorium; provided, however, that this moratorium shall not affect vested rights, if any, applicable to any such previously submitted and fully completed applications. Section 3. Effective period of moratorium. The moratorium renewed by this ordinance shall become effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after a subsequent public hearing and entry of findings of fact. Section 4. Public hearing to be held. A public hearing on the issue of the moratorium shall be held no later than sixty (60) days after the date of adoption herein. Section 5. Work program. The Mayor is authorized to allocate the necessary resources to continue a work program to address the land use issues identified in this ordinance and the City shall implement such a work program. Section 6. 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 7. 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 on August 22, 2000. PASSED BY THE CITY COUNCIL OF THE CITY OF Tt/KWILA, WASHINGTON, at a Regular Meeting thereof this 7-r day of Uat. , 2000. A'I°I EST /AUTHENTICATED: Rbekt F w ,4 J ane E. Cantu, CMC, City Clerk APPROVED : TO FO By Office o the C. Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Mrt -land dev ext 8 -2000 N YV\ YN,A tiF` Steven M. Mullet, Mayor o8-• c3-cX) oF3-0.7_ 00 oB- -I( - DO 06-2z-00 912, 2 • City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Mayor Mullet FROM: Steve Lancaster DATE: August 2, 2000 RE: Extension of Ordinance No. 1902 (Moratorium on Correction Facilities and similar land uses) On February 22, 2000 the City Council adopted Ordinance No. 1902, establishing a moratorium on the filing of development and /or land use permits for "community treatment centers for prisoners, correction facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities and similar land uses." That moratorium will expire on August 22, 2000. Since adoption of the ordinance, staff has conducted preliminary research on the land use implications of these various facilities, both at the local and national scale. However, during the course of that research it has become clear that there are a variety of complex legal issues to be researched, reviewed and discussed. For that reason, staff recommends passage of a six -month extension of the moratorium ordinance. If approved, the extension would "dovetail" with the expiration of the original ordinance, creating a new expiration date of February 22, 2001. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 z ¢ F- Z re 2 -JU 'oO; V) 0 :. W Z: J - • u. w".- 0 u.a =• cr, • ul UJ {0H'. w w. 1- w - w Z — =' 001 z Cizy of Tukwila Department of Community Development TO: City Council FROM: Steve Lancaster DATE: March 29, 2000 RE: Public Hearing concerning Moratorium on Correction Facilities and other similar uses MEMORANDUM Steven M Mullet, Mayor Steve Lancaster, Director On February 22, 2000, the City Council adopted Ordinance 1902, establishing a Moratorium on the filing of development and/or land use permits for "community treatment centers for prisoners, correction facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities and similar land uses ". The Moratorium requires the City Council to hold this public hearing within 60 days of adoption. To resolve to code issues raised by this Moratorium, staff believes that the following issues must be addressed as part of this process: • What are the appropriate Comprehensive Plan policies pertaining to Correction Facilities, Pre - release facilities, Group Homes and other similar uses • How do current or potential City regulations conflict with Federal or State Law • What are the types of Correction Facilities that are currently used to house prisoners and how do they differ • Are there emerging types of Correction Facilities or similar land uses that should be considered in this process • What and where are the affected and/or appropriate Zoning Classifications for these uses • What are the appropriate types of Land Use Permits that must be obtained before building permit review (Conditional, Unclassified, Special Permission, SEPA) • Are there other reviews that should be required (Citizen Panels, Community/Neighborhood Groups, etc.) prior to any formal quasi-judicial review Staff will develop a report covering these and any related issues as directed by the Council. Staff will report to the Council, with recommendations on how to implement changes to our Comprehensive Plan and/or Zoning Code to accommodate these types of land uses. c:/mydocuments...3 16process 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 .. wr+ n,• snmxr ,roia,•.n.nr^.,..,,..- _..... ., .. _. .., .....x.+a..:'rn'�,,,Ua?::*.,"!. .X%P"i.%t!WJx^''^�. City of Tukwila NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON MONDAY, APRIL 3, 2000, BEGINNING AT 7:00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO CONSIDER THE FOLLOWING: AN ORDINANCE ESTABLISHING A SIX -MONTH MORATORIUM ON CERTAIN LAND DEVELOPMENT ACTIVITIES. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. FOR THOSE UNABLE TO ATTEND THE MEETING IN PERSON, YOU MAY SUBMIT WRITTEN TESTIMONY TO THE CITY CLERK'S OFFICE UNTIL 5:00 PM ON MONDAY, APRIL 3, 2000: THE CITY OF TUKWILA STRIVES TO ACCOMMODATE PEOPLE WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK'S OFFICE BY NOON ON MONDAY IF WE CAN BE OF ASSISTANCE (206- 433 -1800 OR TDD 1- 800 - 833 - 6388). DATED THIS ,.3 DAY OF LCiGl , 2000. CITY OF TUKWILA NE E. CANTU, CMC CITY CLERK DATE OF PUBLICATION: SEATTLE TIMES, FRIDAY, MARCH 24, 2000 TRANSMITTED VIA E -MAIL: THURSDAY, MARCH 23, 2000 City of Tukwila Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director February 23, 2000 Mark Thompson, Managing Director Cornell Co., Inc. 1811 -B Knoll Drive Ventura, CA 93003 Dear Mark: Enclosed with this letter is a copy of an Emergency Moratorium passed by the Tukwila City Council on February 22, 2000. This Moratorium (Ordinance 1902) is established on the "filing of development permits and approvals related to community treatment centers for prisoners, correctional facilities, transitional homes for prisoners, pre- release centers, limited security facilities and similar land uses ". The Moratorium covers the filing of Development, or Building, Permits and the filing of all necessary land use permits, including those referenced in your recent Pre - application conference on this facility. The Moratorium will allow staff to develop appropriate policies and regulations concerning correction facilities and related land uses referenced in the Moratorium. z ' mow. U - o: • U • w.. w= J N W' w o' � ‹. 11 a z _' i. Z o. Ill in U� o of 0 H. w Lir -, o, z _ This Moratorium is effective as of February 22, 2000 and will last for a period of 6 months. The 0 .o Moratorium may however be extended or modified by the City Council following a Public Z. _ Hearing and finding of facts. A Public Hearing has been tentatively scheduled for April 3, 2000 before the City Council. The Public Hearing will be used to take public comment concerning the appropriate policies, development regulations and zoning classifications for these facilities. Please feel free to contact me regarding this matter. Sincerely, Michael Jenkins Associate Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 i ity. of Tukwila _. Washington 1 • Ordinance.No.- /14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SIX -MONTH MORATORIUM ON CERTAIN LAND DEVELOPMENT ACTIVITIES; , PROVIDING FOR SEVERABILITY; AND DECLARING `AN EMERGENCY. . I WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance with the Growth Management Act; and WHEREAS,; the City has adopted a Zoning Code consistent with that Comprehensive Plan; and I WHEREAS, the City has adopted development regulations consistent with the Compre- hensive Plan and in compliance with the Growth Management Act; and WHEREAS,. most: types of land use are identified and provided for in the City's Zoning Code; and i 1 j• WHEREAS, there are certain types of land uses %elating to community treatment centers for •prisoners, correctional facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities, and similar uses t at are not adequately addressed within the City's Comprehensive Plan or Zoning Code; and i WHEREAS, the City desires to ensure that the zoning of such uses is consistent with its policies and purposes embodied in its Comprehensive Plan, Zoning Code, and development regulations; and WHEREAS, the �ity also desires to ensure public input on these issues; and WHEREAS, the City is aware of potential plans; for such a land use which could have a dramatic impact one the community without Comprehensive Plan, Zoning Code, and development regulations addressing such land use; and ' WHEREAS, the City desires to preserve the status quo for the protection of the health, safety' and welfare of City residents, as it relates to •development in Tukwila, until these matters are more fully considered; NOW, THEREFORE, THE CITY COUNCIL WASHINGTON, DC1 ORDAIN AS FOLLOWS: 1 Section 1. Findings of Fact. The "Whereas" clauses, above, are hereby adopted by reference• as the City Council's findings of fact as if fully set forth herein. Section 2. Moratorium Established. A moratorium is hereby established upon the filing of development permits and approvals relating to community treatment centers for prisoners, correctional facilities,' transitional homes for prisoners, pre - release centers, limited security detention facilities and similar land uses. "Development permits and approvals" shall include, but are not limited to, Conditional and /or Unclassified Use Permits, any required environ- mental reviews, subdivision approvals, short subdivision approvals, approvals for any and all OF THE . CITY OF TUKWILA, Mrt,Innnd day 2 -2000 6/3/99 , 1 building permits for development ac... iity resulting in the alteration of existing urn - or the • creation of new units,' or any other required permits or approvals. No such new applications shall be accepted ;durihig the effective period of this Moratorium; provided, however, that this moratorium shall not !affect vested rights, if any, applicable to any such previously submitted and fully completed applications. . Section 3. Effective Period of Moratorium.I The moratorium established by this ordinance shall become'.effective as set forth in Section 7below, and shall continue in effect for six months thereafter unless repealed, renewed or : modified by the City Council after a subsequent public hearing and entry of findings of fac f . . Section 4. Public Hearing to be Held. A public hearing on the issue of the moratorium shall be held no later than sixty (60) days after the' date of adoption herein. ' Section 5. Work Program. The Mayor is authoriied to allocate the necessary resources to prepare a work program to address the land use issues identified in this ordinance and the City shall implement such a work program. Section 6. Severability. Should any section) paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre - emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. •, I Section 7. Effective Date. This ordinance, as a public emergency ordinance necessary for the Protection of the public health, public safety, public property, or public peace, shall take effect and be in full force immediately upon its adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn.App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in Section 1 and in the "whereas" clauses, above, all of which are adopted by reference. Additionally, absent this emergency declaration, property owners couldiobtain vested rights to develop contrary to the Comprehensive Plan or development regulations, during the period between adoption and five days after publication of the ordinance. ! i : I I i ` PASSED BY THE:CITY COUNCIL OF THE;CI OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this ,. day of . ,--, , 2000. • i. • I A 11'EST / AUTHENTICATED: is i APPROVED • TO FORM: E. Cantu, CMC, gity Clerk I • By Office of the ity Attorney FILED WITH THE CITY CLERK: o-1/ 7 /o---c3 PASSED BY THEITY COUNCIL: c/& a/o-r� .27..q6-7:0"7, PUBLISHED: EFFECTIVE DATE: a /a /D-0 ORDINANCE NO.: /90A ,Q r\AIA1142d- Steven v: Mullet, Mayor Mrt -land dev 2 -2000 6/3/99 ' 2 CORNELLCOMPANIES February 23, 2000 Mr. Steve Lancaster Director Department of Community Development 6300 Southcenter Blvd. Tukwila, Washington 98188 Dear Steve, RECEII VED FEB 2 4 2000 COMMUNITY DEVELOPMENT During the pre - application meeting on Tuesday, February 17, 2000, the classification of Cornell's proposed project was discussed. There were two issues clarified at the meeting: 1) The proposed facility is a correctional facility; 2) The proposed facility is not an "institution" as defined by the Unified Building Code (UBC) but as a "residential" facility. It is clear in the building code the difference between a classification of an "I" code and a "R" code is the use of restraints to limit movement. Restraints are never used in a Community Correctional Center (CCC). In a CCC movement is restricted through schedule approval, observation, staff presence and the possibility of being removed from the program for failure to follow rules. The "I" code refers to facilities that physically restrict the movement of individuals. The code refers to psychiatric facilities, jails, prisons, etc. These facilities are designed to physically restrict the movement of individuals and use mechanical devices. A CCC does not physically restrict the movement of individuals and does not use mechanical devices. The "R" code occupancies are defined as hotels, apartment houses and congregate residences. Congregate residences is defined in Section 204 -C of the UBC as "any building or portion thereof that contains facilities for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking, for occupancy for other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity, sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses." It is clear that the CCC does not fall under the definition of a jail or prison yet functions as a correctional facility give the purpose, population and contractual obligations under the authority of the Federal Bureau of Prisons, United States Department of Justice. Cornell Companies, Inc. • 181 I Knoll Drive, Suite B • Ventura, California 93003 • 805 - 644 -8700 • Fax 805-654-1792 Attached please find a portion of the Statement of Work published by the Federal Bureau of Prisons, which defines the project and uses the term Community Correctional Center to describe what is being proposed. I hope this information clarifies some of the question. If you need additional information please let me know. I am looking forward to working with you and other City staff as Cornell moves through the special use permit process. Sincerely, I �t Mark Thompson Managing Director of Development Western Region MT:sj Enclosures . •. . • .... .::.1:' is�Jis�c..:li'il!JM ui: o. .�-.. i �«. v.. ��..r•� 3:.1'�:v�ili. i1a= Z re 6 0 0- W = J 1- CO ga er IL' al ,z 1- 0' Z F- LU ui U ;off-; = w — O. .z - D;. ;O ~ z I. INTRODUCTION A. BACKGROUND R L'.... C E V E D FEB 2 4 2000 COMMUNITY DEVELOPMENT ENT June 1994 The Bureau of Prisons (BOP) contracts with state and local governments and private organizations to provide a variety of services to federal offenders in the community. These services are generally provided through facilities commonly known as Community Corrections Centers. B. OBJECTIVE The objective of this contract is to provide a versatile community -based program for federal offenders. Services shall include programs designed to assist offenders in becoming law- abiding, self - sufficient, contributing members of the community. 1. Three programmatic components are required: Pre - Release, Community Corrections, and Home Confinement. Pre - Release Component: Offenders in this program component are in the center for the purpose of making a transition from the institutional setting to the community, or as a program resource while under supervision. There are two (2) levels to this component (Level 3 and Level 4) described in Chapter 10. Community Corrections Component: Offenders in this program component are in the center primarily as a punitive sanction. Conditions are more restrictive than the pre- release component. This component may consist of individuals under the responsibility of the BOP (Direct Court commitments and Institution Transfers) and the Probation Office (Supervision Cases). There are two (2) levels to this component (Level 1 and Level 2) described in Chapter 10. Home Confinement Component: Offenders in this program component are permitted to reside at home and work at gainful employment or participate in correctional programs while continuing in official detention status at the Comprehensive Sanctions Center. There is one level to this component (Level 5) described in Chapter 10. 3. ....... i. w,.H r,. rcisaw ,w,rnTx+M!'rs±'r775740i! June 1994 C. EXPLANATION OF TERMS 1. Bureau of Prisons (BOP): A vital component of the Department of Justice, providing high quality z correctional services to confined federal offenders, =t= through a well- managed, varied network of prison and ce community based - programs. JU 00 O 2. Comprehensive Sanctions Center (CSC): The location in (Ow. which the contractor's programs are operated; also referred to as facility, center, community corrections EL-' center (CCC), community treatment center (CTC), or w O halfway house. �5. J 3. Community Corrections Manager (CCM): The BOP employee c d responsible for all functions, programs and services H w related to Community Corrections in their assigned z judicial district(s). 1-0 zF-- 4. Community Corrections Management Center Administrator uj: (MCA): The BOP employee who exercises responsibility c0.�� for Community Corrections operations and programs oH- within the geographical area assigned to the w u. Correctional Management Center. = v; LI O 5 Community Corrections Regional Administrator: The BOP employee responsible for all Community Corrections v functions, services and operations within their o respective region. 6. Contracting Officer: A BOP employee with the authority to enter into, administer, and /or terminate contracts and make related determinations and findings. The term ?.. includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. (See Section G to identify authorized representatives of the Contracting Officer and limited authorities delegated to these representative.) 7. Contracting Officer's Technical Representative (COTR): A COTR is an individual (ordinarily a CCM) designated by a Contracting Officer to act as an authorized representative in monitoring and administration of a contract and acts as technical liaison between the contractor and the Contracting Officer. (See Section G for an expanded outline of these authorities and responsibilities.) June 1994 in a federal institution and are completing the confinement portion in a CCC. b. Direct Court Commitments: These BOP offenders have been designated to serve their entire terms of confinement in a CCC. c. Supervision Cases: These offenders are referred to the BOP for placement in a CCC by the USPO due to conditional requirements of supervision. The supervision requirements may be by order of a Federal Court or the U. S. Parole Commission. The BOP may pay for room and board during the period of time spent in a CCC on conditional release. Some of these cases may also be referred to as "Community Confinement Cases" as described in the Sentencing Reform Act Guidelines. (1) Probationers: Offenders that are required to reside in and adhere to program requirements of a CCC as a condition of probation for the time specified by the Court. (2) Supervised Releasees: Offenders that are required to reside in and adhere to program requirements of a CCC as a condition of supervised release for the time specified by the Court. (3) Parolees, Mandatory Releasees: Offenders that have been paroled or mandatorily released from a federal institution. The offenders must reside in, and adhere to program requirements of a CCC as a condition of their parole or mandatory release. (4) Pre -Trial Services: An individual required by the Court to reside in and adhere to program requirements of a CCC as a condition of pre -trial release. The duration of residence will be specified by the pre -trial services official referring the case for placement. Pre -trial status offenders are the sole responsibility of Pre -trial Services /U.S. Courts. 18. U. S. Probation Officer (USPO): An officer of the Federal Courts responsible for supervising federal offenders placed on probation or under supervised release by Federal Courts. Probation Officers also 5 June 1994 supervise mandatory releasees and those released on parole by the United States Parole Commission (USPC). 19. The Program Review Team (PRT): The program review team z will consist of one or more representatives of each of . i < the following: 1) the Bureau of Prisons Community w Corrections Manager or his representative; 2) CSC director, the caseworker, Administrator of the Day _J 0 Reporting Center or equivalent representative of the 0 0 contractor; 3) a United States Probation Officer. w i _1 F- 20. The Host Agency: Other federal agencies who have Nu-: established formal agreements with the Bureau of in O Prisons to use federal offenders on public work projects initiated by their agency. Title 18 U. S. C. u_ <. 4125(a) gives the Attorney General authority to make co d available U. S. prisoners to perform work for other H w federal agencies. z _ 1-. I- O Z t- D. SCOPE OF WORK The contractor shall furnish the necessary facilities, ow equipment, and personnel to provide for the safekeeping, o�. care, and program needs of persons residing in centers as w w defined in this contract. z.. c? LI ~O The contractor has affirmative responsibility to ensure w z proper management oversight of their program. Absentee o N. ownership does not mitigate program integrity, 0 �' responsiveness dr responsibility. z The contractor shall develop operational policies and procedures that adhere to the requirements contained in this SOW and to generally accepted correctional practice as defined by the COTR. Except as otherwise provided for in this SOW, all offenders shall receive the same treatment and services. All instances of unusual and /or non - routine happenings concerning the facility or inmate management must be telephonically communicated to the CCM immediately, and in writing within three (3) working days. The contractor shall comply with all requirements outlined in this SOW. The requirements of the SOW are minimum requirements and take precedence over the contractors proposal in the event of any conflict or ambiguity. 6 City of Tukwila Washington Ordinance No. /90� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SIX -MONTH ' MORATORIUM ON CERTAIN LAND DEVELOPMENT ACTIVITIES; , PROVIDING FOR SEVERABILITY; AND DECLARING 'AN EMERGENCY. WHEREAS, the kity of Tukwila has adopted a Comprehensive Plan in compliance with the Growth ManPgenient Act; and WHEREAS,; the City has adopted a Zoning Code consistent with that Comprehensive Plan; and WHEREAS,. the City has adopted development regulations consistent with the Compre- hensive Plan and in compliance with the Growth Management Act; and I . WHEREAS,• molt; types of land use are identified and provided for in the City's Zoning Code; and WHEREAS,. there are certain types of land uses elating to community treatment centers for 'prisoners, correctional facilities, transitional homes for prisoners, pre - release centers, limited security detention facilities, and similar uses t at are not adequately addressed within the City's Comprehensive Plan or Zoning Code; and • WHEREAS, the City desires to ensure that the zoning of such uses is consistent with its policies and purposes embodied in its Comprehensive Plan, Zoning Code, and development regulations; and WHEREAS, the also desires to ensure public input on these issues; and WHEREAS, the City is aware of potential plans; for such a land use which could have a dramatic impact one the community without Comprehensive Plan, Zoning Code, and development regulations addressing such land use; and ' WHEREAS, the City desires to preserve the status quo for the protection of the health, safety' and welfare of City residents, as it relates to 'development in Tukwila, until these matters are more fully considered; NOW, THEREFORE, THE CITY COUNCIL OF THE . CITY OF TUKWILA, WASHINGTON, Dd ORDAIN AS FOLLOWS: 1 Section 1. Findings of Fact. The "Whereas" clauses, above, are hereby adopted by reference. as the City Council's findings of fact as if fully set forth herein. Section 2. Moratorium Established. A moratorium is hereby established upon the filing of development permits and approvals relating to community treatment centers for prisoners, correctional facilities,' transitional homes for prisoners, pre - release centers, limited security detention facilities and similar land uses. "Development permits and approvals" shall include, but are not limited to, Conditional and / or Unclassified Use Permits, any required environ- mental reviews, subdivision approvals, short subdivision approvals, approvals for any and all Mrt;lnnd dev 2 -2000 6/3/9b ?tis^gari , 1 , , building permits for development activity resulting in the alteration of existing units or the creation of new units, or any other required permits or approvals. No such new applications i shall be accepted;duririg the effective period of this rrioratorium; provided, however, that this moratorium shall not ',affect vested rights, if any, applicable to any such previously submitted 1 and fully completed applications. I . Section 3. Effective Period of Moratorium. ; The moratorium established by this I ordinance shall become.effective as set forth in Section 7 below, and shall continue in effect for six Emonths thereafter unless repealed, renewed or � modified by the City Council after a subsequent public hearing and entry of findings of fact. S , , Section 4. Public Hearing to be Held. A public hearing on the issue of the moratorium shall be held no later than sixty (60) days after the• date of adoption herein. ' Section 5. Worl1 Program. The Mayor is authorized to allocate the necessary resources to prepare a work program to address the land u'se issues identified in this ordinance and the City shall implement such a wprk program. I 1 k ? )p Section 6. Severability. Should any section aragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre - emption shall not affect the validity of I the remaining portions of this ordinance or its application to other persons or circumstances. E Section 7. Effective Date. This ordinance, as a public emergency ordinance necessary for the protection of the public health, public safety, public property, or public peace, shall take effect and be in full force immediately upon its adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn.App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergenty declaration are included in Section 1 and in the "whereas" clauses, above, all of which are adopted by reference. Additionally, absent this emergency declaration, property owners could: obtain vested rights to develop contrary to the Comprehensive Plan or development regulations, during the period between adoption and five days after publication of the ordinance. 1 ' PASSED BY THE 'CITY COUNCIIr OF THE; CI OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this ,_ �' L° day of , 2000. •,. 'E • I� ATTEST/AUTHENTICATED: E. Cantu, CMC, City Clerk i APPROVED • TO FORM: . • By Office of the • ty Attorney FILED WITH THE CITY CLERK: a 7 /� PASSED BY. THE SITY COUNCIL: 4/ & ; /0- PUBLISHED: s/� et76 4�J EFFECTIVE DATE: .././0/ a-fro ORDINANCE NO.: /90A • • v10 INA mad- Steven 4. Mullet, Mayor Mrt -land dev 2 -2000 6/3/99 2 CORNELL PRE-RELEASE February 9, 2000 Mr. Duane Griffin Building Official Department of Community Development City of Tukwila 6300 Southcenter Blvd., #100 Tukwila, WA 98188 Dear Duane, FEB,,14. 2000 • VE OPE DEMN DEVELOPMENT I have reviewed the Unified Building Code (UBC) as it relates to our function as a community correctional facility. It appears that in the building code the difference between a classification of an "I" code and an "R" code is the restraining of individuals. Although movement is restricted in a community correctional center (CCC) (halfway house) through schedule approval, observation, staff presence, and the possibility of returning to a more restricted environment, if rules are not followed physical restraints of any kind are never used to restrict movement. The best definition of the CCC is found under congregate residence. The "I" code refers to facilities that physically restrict the movement of individuals. The code refers to psychiatric facilities, jails, prisons, etc. These, facilities are designed to physically restrict the movement of individuals and use mechanical devices. A CCC does not physically restrict movement of individuals nor does it use mechanical devices to restrict movement. •The "R" code occupancies cies are defined as hotels, apartment houses and:congregate residences. Congregate Residence is defined in Section 204 -C of the UBC as "any building or portion thereof that contains facilities for living, sleeping and sanitation as required by this code, and may include facilities for eating and cooking, for occupancy for other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity, sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses." It is clear that the CCC does not fall under the definition of .a jail or prison yet still functions as a correctional facility given the purpose, population and contractual obligations under the authority of the Federal Bureau of Prisons (FBOP)/United States Attorney General's Office. Moo-woolil Cornell Pre - Release • 181 I -B Knoll Drive • Ventura. California 93003 • 805. 644 -8700 • Fax 805- 654 -1792 az z ar- ,z z mow. 6 0- 0 co o. UJ J CO al g�I cn Wa Id w z� zo uj U a o — o I- w w u'O z U N -I o ~ z • In addition, Section 310 of the UBC lists requirements for group R occupancies. In 310.1, group R occupancies definition list congregate residences is included in the Division 1 category. Although not specifically addressed it appears that although the CCC functions as a correctional facility it will fall under.the "R" code of the UBC. Attached please fmd a portion of the Statement of Work published by the FBOP which, defines the project and uses the term Community Correctional Center to describe what is being proposed. ' If you need any additional information prior to our meeting on Thursday, February 17, 2000, please feel free to contact me at (805) 644 -8700. Sincerely, Mark Thompson Managing Director of Development Western Region MT:sj Enclosure z Z. now• UO cn w! w= cn u.; w o:; co w ?; a. =w z �. z i-: w uj 2 U = V 1- . w P; Z • w =`` ' Z e INTRODUCTION 'PAGE. 1 DECEMBER '1992 1. INTRODUCTION . A. BACKGROUND The Bureau of Prisons (BOP) contracts.with state.and local governments and private organizations to provide ..a variety . of services to federal offenders in the community: These services are generally provided through facilities commonly known as Colmnunity Corrections Centers. ' 9 20srilara The objective of this contract is to provide.aAversatile community-based program for federal offenderir*.Seryices shall include programs designed to assist offenders in becoming law-abiding, self-sufficient, contributing members of the community. 1. Three programmatic components are required:Pre- Release,.CmmUnity Corrections, and Hame Confimmnent. . i Pre-Aelease, Component: Of fenders:in ..tna program dOmpanent are ihihe cnter for the phrpase. of making a transition from the institutional setting t� the . community, or as a program resource while under. supervision. These individuals are the responsibility of the BOP. . • •• Community Corrections Component: Offenders in this program component are in the center primarily as a punitive: sanction. Conditions are more restrictive than.the pre-release component. This component may consist of individuals under the responsibility .of the * BOP .(Direct Court Commitments and Institution Transfers) and the Probation Office (Supervision Cases). . i 1 : : • Home Confinement Component: 'Offenders in this program component are ordinarily within thirty to sixty days.of release. This is a selective status that is authorized discriminantly according to an offender's needs. This • tH, `'• ;.• INTRODUCTION' • PAGE 2 DECEMBER 1992. . component. may. consiat .of individuals under the responsibility of the BOP and the Probation Office. C. EXPLANATION OF TERMS I , 1. Bureau of "Prisons (BOP) : A vital component of the Department of Justice, providing high quality correctional services to confined federal offenders, through a well- managed, varied network of.prison'and community based- programs. . ;tx ; 2: Com unity Corrections Center (CCC): The location. in which * the ': contractor's ' ' ' programs are opeated; also referred,tbas facility,. center, community treatment center (CTC): or halfway house. '3. • Community Corrections Manager (CCM) The BOP• employee responsible;, for; all. functions, : programs and .services related to Community Corrections .n.'their assigned judicial district(s). 4. Coxun ty Corrections Management Center Administrator (MCA): The'BOP employee who exercises responsibility for Community Corrections operations and programs within•the geographical area assigned to the Management Center.. 5 . . Community Corrections Regional Administrator.: The BOP employee responsible for all Community Corrections functions, services and operations within their • respective region. 6. Contracting Officer: A BOP employee with the authority to enter into, administer, and /or terminate: contracts and make related determinations,and findings. . "The term . includes certain authorized representatives of the .'. Contracting Officer :acting within the•°limits of their authority as delegated by the Contracting Officer. (See Section G to identify authorized representatives of the Contracting Officer and limited authorities delegated to these 7. Contracting Officers Technical Representative (COTR): A COTR is an individual (ordinarily a CCM) designated by a Contracting Officer to act as an authorized•,. • INTRODUCTION PAGE • 5 DECEMBER 1992 contractor's facility .to evaluate performance. For program. facilities having. an average daily population of federal' offenders totaIing:ten or more : over-`the ,past 90 days, this' i4 ordinarily fouri times' Per every twelve months of performance;. and for program facilities having an average daily population of federal offenders totaling nine or less .over the past 90. days, :'two tames • per . every twelve months of performance.; • . Types .Of Offenders: a. Transfers.:. from,.Bederal Institutions :.".° T- These: BOP: offenders have served a portion of ':their :sentence • in a federal institution 'and are completing the confinement `portioa3:in a -CCC. !�': • b. Direct Court Coienitiiieats : • These B01); • have; been•'desi e grated to serve: their; entire terms... of ;confinement `in 'a` CCC. _.;. ., _ f ;:•�. ,::' c. Supervision Cases::':" These offenders'; are!•• referred to the BOP - for .placement in • a . CCC by ;a-, USPO or • PSO due to conditional release supervision';': ":'. • requirements..':rhe •supervision "requirements may be • by 'order of a Federal Court, the U. S: Parole. ;. Commission, .or, :;Pre -Trial ::Services. , The BOP :may paY ;':°fo ••room`.; and :board ;(except° fc %'=Pre- Trial•: �� . :: �.,;;� � ..,, ,: > ! .y�.,.,..:. :t cases)!,.during; the per ;:od:•of:`tine: spent'=in a CCC on conditional ::release::' `' Some'. of these' .cases un may. also be. referred to' as "Commity, Confinement Cases". as described in the Sentencing•Reform:°Act. Guidelines. •.. •. • (1) :Probationers: Offenders that are: required to reside in and adhere to prograxn requirements • of a. CCC as a condition of %probation for the 'time specified by the (2) Supervised Releaseesi: Offenders..that are • required to reside in and adhere to program requirements of a. CCC as ••a :,condition. o£ ' supervised release .-for- the time ,specified by : ; the Court. • L *>iz;K::�: i�a u�.•,�..��:s4 <vzfi;lttic�sa. INTRODUCTION PAGE 6 DECEMBER 1992 (3) Parolees, Mandatory,Releasees: Offenders that have been paroled or mandatorily released .fromi'a. federal institution. The offenders must reside in, and adhere to program requirements of a CCC as a condition of their parole or mandatory \release. Pre -Trial Services: An individual ..•. required by the Court.to reside in and adhere to. • program requirements of •a CCC as a. condition • of pre -trial release. The duration'of residence will be specified.. by.the.pre -trial ;.services official referring the case for.. 'placement. ,Pre-trial status offenders are the sole responsibility of Pre -trial ";':. Services /U.S. Courts. 18. U. S: P r o b a t i o n O f f i c e r (USPO) : A n officer of the , Federal Courts responsible for supervising.; federal'' offenders placed on probation or under supervised... release by Federal Courts. Probation Officers also supervise mandatory releasees and those released on parole by the United States Parole Commission (USPC). D.• scoPE OF WORK The. contractor shall furnish the necessary facilities,,'; eixipiuent,,, and personnel ' to' provide' fcr' the safekeeping, care,' and program needs of persons residing in centers as. defined in this contract. . The contractor has affirmative responsibility to ensure proper management oversight of their program.. Absentee ownership does not mitigate program integrity, . responsiveness or responsibility. The contractor shall develop. operational policies and procedures 'that adhere to`the requirements contained in this SOW and to generally accepted correctional practice as defined by the COTR. Except as otherwise provided 'for in this SOW, all offenders shall receive the same treatment and services. • CORNELLPRE -REL February 1, 2000 Michael Jenkins Associate Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 Dear Mr. Jenkins, Thank you for taking the time to meet with me last week. I appreciated your questions and candid responses. Having several representatives from the City staff was great. I hope the information I provided was helpful and I am available to answer any additional questions or address concerns that may arise from you or your colleagues. Cornell has decided to proceed with the conditional use process to site a Comprehensive Sanction Center at 13400 Interurban Ave. South. We believe that the services offered provide a unique opportunity to the residents of the Center and to the greater community. Cornell is committed to working with our potential neighbors and the City of Tukwila to make this a positive addition to the community. Enclosed please find additional information about Cornell Companies and the services we offer. Looking forward to another opportunity to discuss the potential site, the program, community involvement, community impact and developing a community advisory board. Thanks again. Sincerely, Mark Thompson Cornell Companies, Inc. Managing Director of Development Western Region MT:sj Cornell Pre- Release • 1811 -B Knoll Drive • Ventura, California 93003 • 805 -644 -8700 • Fax 805 -654 -1792 RECEIVED CITY OF TUKWILA FEB 0 3 2000 PERMIT CENTER Leidel Community Correctional Center Houston, Texas Background Upon award of a contract in October 1995, extensive renovations to an existing furniture warehouse were completed in only forty -five days. On January 4, 1996, the facility and staff were prepared to accept 103 inmates delivered by the Bureau of Prisons. Many of these inmates were immediately assigned to home confinement. The center has consistently provided services to more than the contracted number of inmates. In October 1997 the center's charter changed from a community correctional center to a comprehensive sanctions center. The 15,000 square foot Leidel Community Correctional Facility provides recreational and day room areas for up to 150 inmates. The facility consists of two equally sized buildings with ample additional parking space and is handicapped accessible. Programs The facility provides services to pre - release inmates serving the last four to six months of their sentences. Programs include drug and alcohol abuse counseling, home confinement, spiritual and religious activities, employment and vocational counseling and referral, and GED preparation through Houston Community College. The center also provides programs in living skills, women's and men's issues, nutrition and wellness, and Moral Recognition Therapy. Inmates can participate in drug and alcohol counseling programs. Volunteers from the local Alcoholics Anonymous provide twelve step programs at the center. In addition, inmates are offered individual and group counseling on substance abuse and rehabilitation techniques. In addition to group and individual counseling, the center provides extensive education classes on substance abuse. 3),ICC ;re s 16 • • Leidel Community Correctional Center(coo) Home confinement is offered to inmates sixty days prior to their release. Inmates must adhere to program restrictions including daily telephone contact and visits to the facility twice per week. One of the weekly visits includes a thirty minute meeting with an assessment counselor. The staff at the facility monitors inmates through random daily phone calls to homes and weekly visits to job sites. Home confinement inmates are subject to random urinalysis tests to detect drug use. Community pastoral volunteers conduct weekly spiritual and religious programs at the facility. In addition, inmates may request a four hour pass to attend religious services in the local community. Staff members provide employment assessment and development services to inmates. They assist inmates in completing job forms, assessing job referrals, and securing full -time employment within fifteen workdays of their arrival at the center. The time to secure full -time employment may be extended by an additional five days at the discretion of the Facility Director. Inmate's who do not secure full -time employment within the allocated time are referred back to the Bureau of Prisons for determination of their status. Staff also monitor inmate job attendance and attitude. Hourly wages are verified to ensure that employers pay appropriate wages to the inmates. Inmates are also referred to community organizations for assistance in obtaining employment. Career and Recovery, a local community agency, offers a five day workshop that provides training in job search skills, interviewing techniques, appropriate dressing, and keeping a job. Inmates are also referred to Texas Workforce, a state unemployment program that provides job listings on microfilm. In addition, the Texas Rehabilitation Commission offers a weekly service to the facility for all disabled inmates and inmates with limited job skills. The commission provides skill assessment, vocational school training, uniforms, and tools necessary for employment. 3.:rA- nSri.i • 17 z Q� z Et 2 ~w O 0 co O Lu w• O. u_ Q • d w z= I— O zt- w w 0 ON 0 -- wW wz c) O~ z 01/25/00 TUE 15:23 FAX 713 623 2797 CORNELL CORRECTIONS. INC e002 Tukwila Community Correctional Facility Program Description The Tukwila Community Correctional Facility will provide services to pre - release clients serving the last four to six months of their sentence. Programs will include drug and alcohol abuse counseling, spiritual and religious activities, employment and vocational counseling and referral, and GED preparation. The Facility will also provide programs in living skills, women.'s and men's issues, nutrition and wellness, and Moral Reconation Therapy. Clients will also be able to participate in drug and alcohol counseling programs. Alcoholics Anonymous volunteers will provide twelve -step programs at the Facility. In addition, clients will be offered individual and group counseling on substance abuse education. and rehabilitation techniques The Facility will provide services to and accountability for center residents through stringent contract requirements consistent with all federal regulations. The center will be controlled by appropriate means to ensure residents remain within the Facility, and to prevent unauthorized access by the general public. Staff will monitor all movements of residents into and out of the Facility, and maintain resident accountability. Staff will also monitor and control access to resident sign -in /sign -out sheets. Written procedures will specify a system of accounting for resident whereabouts at all times. These systems of accountability will include, but not be limited to, periodic headcounts, resident eligibility for authorized absences, sign -in and sign -out procedures, posting of approved sign -in and sign -out tunes, and locating and verifying the presence of-residents. GROUP HOMES IN WASHINGTON STATE QUESTIONS AND ANSWERS Group homes are identified in the Growth Management Act (GMA) as a type of essential public facility and as a type of affordable housing. Local governments are required to provide for group homes in the housing element of their comprehensive plans. Washington's Department of Community, Trade and Economic Development (CTED) and Department of Social and Health Services (DSHS) provide technical assistance to communities with questions about group homes. The questions that follow represent those asked by local governments. The two departments have developed this question and answer format to assist communities developing local plans and regulations that apply to group homes. The information provided is intended to give you general guidance on how growth management and fair housing laws apply. You should obtain legal advice before drafting specific ordinances. If you have further questions, please contact growth management staff at CTED 360 - 753 -2222 or DSHS staff at 360 - 902 -8164. Question: What is the definition of a "group home" and what constitutes group homes? Answer: The term group home applies to many types of residences. Usually the term is used for homes where the residents live and receive care or supervision. Residents pay a monthly fee that includes rent and care services. Often, a state agency licenses the home. It can include residences where the care is provided either by resident staff or non - resident staff. The term can also apply to residences with unrelated persons with a common disability, such as an Oxford House. These homes are not licensed by state agencies. Examples of group homes include: Adult family homes. DSHS licenses family homes that provide specialized care and support to adults. Adult family homes may have up to six residents. Providers of the services either live in the home or are employed to work at the home. • Boarding homes. These may be small homes or larger facilities. They are licensed by DSHS for three or more residents who need assistance in their daily living. Oxford Houses. A group of adults recovering from alcohol or substance abuse rent these residences together. The group setting allows people to pool their resources and provide peer support for their recovery. Some group homes provide care for children. Children live in group homes for a variety of reasons. They may be in a group home because they require specific care needs due to a disability. Others are placed in group homes because their parents are unable or unwilling to care for them, they are dependent as a result of abuse or neglect, or they are homeless. Others have committed a juvenile offense and are screened and placed in a group home as preparation for their retum to the community. Some children are place in foster care homes. ster family homes .-are-not considered- group homes by statute and are specifically..recogniz� ed as single family residences. Question: What role does the state have in regulating group homes, and to what extent can local governments regulate group homes or adult care facilities? Answer: The Legislature has given state agencies responsibility to license and inspect certain types of group homes. DSHS is responsible for licensing and inspection of adult family homes, foster and group care homes for children, and boarding homes. The Department of Health (DOH) is responsible for licensing residential treatment facilities for adults, including adult residential treatment facilities. In some facilities licensed by DOH, DSHS is responsible for certification of the care and treatment programs. State responsibilities include defining criteria for eligible providers, reviewing applications from providers, inspecting homes for licensing' and for continued compliance with licensing requirements, and investigating complaints and determining sanctions, including closure of homes that do not meet program or licensing requirements. The state agencies license facilities independently of zoning requirements. It is the responsibility of providers to determine zoning regulations that apply to their situation. Local governments must comply with state and federal laws that may preempt their ability to put special zoning requirements on a group care facility. See: RCW 36.70A.410 (Growth Management Act); RCW 70.128.140 (Adult Family Homes); 42 USC 3604 (Federal Fair Housing Act as amended); RCW 49.60.222 -225 (Washington Laws Against Discrimination). 2 • _►- f-- z Cw 6 JV. oo cnLL ujo LLa co =d Lu zI t- o Z t- U • O • N: o 1- I V U. z` 1.11 U) O F- z Question: Does state law preempt cities or counties from regulating adult family homes regulated under RCW 70. 128 if no residents of the home are involved in the operation of the home? Answer: Yes. RCW 70.128.140 states that each adult family home shall meet applicable licensing, zoning, building, housing, and fire and safety codes as they pertain to a single- family residence. The definition of adult family homes contained in RCW 70.128.010 includes homes that operated by non - resident providers. Other state and federal laws also limit local government regulation of homes in which persons with disabilities reside. See: RCW 49.60.222(2)(b), Washington Laws against discrimination; RCW 36.70A.410 Growth Management Act; 42 USC 3604 Federal Fair Housing Act as amended. Question: What is a recommended definition of "family" that is appropriate for zoning codes and land use regulations since this might impact group homes ordinance? Answer: The following definition is used by some communities: "A group of individuals not necessarily related by blood, marriage, or legal custody, living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability." Question: What are the limits of the Federal Fair Housing Act on cities' ability to regulate group homes? Answer: The Fair Housing Act prohibits discrimination because of race, color, religion, sex, handicap, familial status, and national origin. All group homes, because they are used as residences, count as as "dwelling" under the federal Fair Housing Act (FHA) and the Washington Law Against Discrimination. This means that the prohibition against discrimination applies. These protections apply against discriminatory zoning laws, land use restrictions, or restrictive covenants. Most adults and children in most group homes would qualify as disabled under the FHA and the Washington Law Against Discrimination. In addition, a recent federal court in Washington state ruled that children in group care facilities also meet the definition of "familial status." The FHA and the Washington Law Against Discrimination impose three separate restrictions or requirements: 3 z Z• w • 0 0'. cn o • w= • CO W 1.1.1 0 u-Q co =a z �. Zo 0 O N. o E-. ww "-O wz 0I- z • They prohibit discrimination on the basis of race, color, religion, sex, handicap, familial status, and national origin. • They restrict policies or practices that may not be intended to discriminate but have a discriminatory and restrictive effect that cannot be adequately justified by a legitimate local purpose. w 2 • They require "reasonable accommodation" in rules, policies, practices, or -J o services that may be necessary to permit a handicapped person the opportunity N o to equally enjoy a residence of his or her choice. A local government must w i waive or modify a rule, policy, practice, or service if a request for such N accommodation is made by or on behalf of a disabled person, the requested w 0 , accommodation "may be necessary" to the person's "equal opportunity to use and enjoy a dwelling," and the requested accommodation is "reasonable." u The law does not provide a formula for defining what requests would be = reasonable. Instead the law requires an individualized assessment based upon Z Lux the facts of each particular request. Just because a request would impose a 0 financial or administrative cost does not make it unreasonable. Generally, a z 1— request is reasonable if it does not impose an "undue" financial or o administrative burden and does not require a fundamental change in the o c2 . programs or systems of the person or entity considering the request, o F- wW H U' A required accommodation may not oblige the local government to revoke or u_ ~O repeal a rule or policy. It could require waiving or modifying a rule to w z accommodate a specific request. The law of reasonable accommodation is meant to require an active effort to listen z to a disabled person's request, to understand his or her needs, and to explore reasonable ways to accommodate those needs. For this reason, at a minimum, local governments would be prudent to have processes in place to receive such '. . requests and to insure that they give the requests appropriate consideration. Question: To what extent is housing for those currently under the jurisdiction of the criminal justice system protected under state and federal laws (for example, work release living arrangements or transitional housing where the person may still be reporting to someone)? Do they fall within the group home category? Answer: Fair housing laws do not mention persons who are under the jurisdiction of the criminal justice system. Restrictions on such persons because of their criminal status, therefore, would not directly raise fair housing issues. However, such persons, like any others, may also be disabled or in other ways may be protected • by the FHA. Restrictions that are discriminatory on prohibited grounds or that have an unjustified discriminatory effect would violate the FHA. Certain state laws address community facilities that house Department of Corrections (DOC) inmates. RCW 72.65.210 -220 requires DOC and their vendors to work with local governments to develop siting policies and participate z in public notification processes. The GMA requires local governments to develop s = z a plan for identifying and locating facilities that are difficult to site. In addition, ce w M local governments may not preclude the siting of essential public facilities (RCW 6 = 36.70A.220). Essential public facilities would include group homes that are not U o otherwise protected under other fair housing laws. w = J -- (/)LL w O. Question: Is housing for those who have previously been under the jurisdiction of 2 gzi the criminal justice system protected (for example, group homes for those who have served their time and are not currently reporting to the N a criminal justice system)? _ Z (- Answer: We are not aware of group homes established solely for persons who were w O formerly under the jurisdiction of the criminal justice system. Thus, if a person is ? o in a group home based on a disability or other protected status, they would be U covered by fair housing laws o i- ww U u' O Question: Our definition of "family" allows up to eight unrelated individuals. Is this a good approach? If not, what should the number of unrelated v 9 individuals allowed be and why? 01— Answer: Jurisdictions have taken many approaches to defining families, including putting a numerical limit on the number of unrelated persons. To the extent that the limit of eight unrelated persons has the effect or intent of restricting housing for persons with disabilities or other protected classes, its application against a group home could violate the Federal Fair Housing Act and the Washington Laws Against Discrimination. The City, of Edmonds refused to grant an exception to its regulation limiting the number of unrelated individuals in a house. The Supreme Court found that occupancy limits were subject to review under the Fair Housing Act to the extent that they treated unrelated persons differently than families (City of Edmonds v. Oxford House, 115 S. Ct. 1776, 1995). In addition, the GMA states: "No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals..." (RCW 36.70A.410). If an ordinance quantifies the number of persons who compose a family, you might consider a process for reasonable accommodation discussed above. 5 z Question: In our primarily single- family neighborhoods, most group homes are treated as families and allowed outright. Is this a good approach? If not, what is a better approach? Answer: This is a good approach. It recognizes that group homes are community assets for their citizens. Most studies conclude that group homes do not present problems of crime, property devaluation, or neighborhood disruption. Instead, they provide necessary care and supervision for citizens who would otherwise be without supervision. You may want to review the restrictions you have on the group homes that are not allowed outright and make sure that the restrictions do not prohibit persons within protected classes of the fair housing laws. Local governments still have the same regulatory and police authority available for problems that may arise in group homes and other residences. These include nuisance and criminal laws, laws governing appearance of property, maintenance, and required building to lot size ratios. Most group homes are also subject to licensing standards, and problems can be brought to the attention of the licensing authority. Question: Does a jurisdiction have to have the same standards for all group homes? Can there be different development standards, such as dispersion, for group homes with youthful offenders or transitional populations? Or, can an incentive apply for a group home to be located in a particular area, such as within a certain neighborhood plan area where there are a variety of services or within a certain distance from a designated neighborhood center? Answer: Again, whether or not a group home is protected under fair housing laws depends on the whether the residents are within a protected class described by the law. Children who are under the jurisdiction of the state, including youthful offenders, have been included in the Fair Housing Act's definition of "familial status." See The Children's Alliance et al. v. The City of Bellevue, 95 F. Supp. 1491, (1997). For residents of homes who are within a protected class, methods such as dispersion used to restrict a person's opportunity to enjoy a dwelling could violate fair housing laws. There should be no problems with incentives. However, if the incentives are combined with restrictions in other residential areas, the ordinances could violate fair housing laws. In 1998, the Legislature passed a bill that addresses siting of group homes for youthful offenders. E2SSB 6445 requires DSHS to establish procedures for community involvement when siting juvenile rehabilitation administration community facilities. The law requires DSHS to establish a public process to be followed by the department and its vendors when establishing or relocating group homes. The process includes public meetings and opportunity for written comment in communities considered for group home placement. In addition, the department is to coordinate its planning and notification efforts with the local jurisdiction. z - wwC ce G Question: How can a jurisdiction deal with public notice for certain types of homes which require a low- profile or secrecy as part of their siting o process, an example being a facility for abused women and children? J Answer: You might consider modifying or waiving the public notice requirement. It is not w 0 necessary to go through a public hearing process for this type of home. Most communities recognize the need for allowing such homes as a permitted use in all residential areas. cn = d Z t-- Question: Do group homes have to be allowed anywhere a residential use is w o allowed? A specific instance is second story residential in a mixed -use 2 building. ,� 0 Answer: Absent specific health and safety concerns, group homes that house persons = v protected under fair housing laws should not be prohibited within a residential o area. As discussed in question one, many group homes require licensing. State w Z licensing requirements might require ground floor bedrooms or have other o requirements that would restrict a provider's ability to license a group home on a F. 1—' second story residential setting. Not all residents in group homes would ha ve z health or safety considerations that would restrict their location. Question: What resources and /or contacts are available from Washington state to aid local jurisdictions in successfully tracking the location of the frequently moving group homes or residential care centers? Answer: Most licensing information is public record. Within DSHS, you should contact the division within your region and ask them for a list of licensed homes. Question: Could we, as a local entity, impose licensing /location requirements on residential home care facilities? Concentration of such facilities continues to be a concern in certain neighborhoods. There must be something that local jurisdictions can do outside the scope of the Fair Housing Act. Answer: The Legislature delegated licensing of group home facilities to state agencies. Lawsuits challenging a local government's dispersal and location requirements have generally been successful. Courts have stated that generalized, unsubstantiated community fear is an improper basis for regulating group homes. Question: Given federal fair housing laws, how can we limit the units and /or persons so that the project is "compatible" with its surrounding area (for example, r -2 zoning district)? Answer: A group home should comply with the standards set for a given neighborhood, such as set backs and bulk and height limits. While there may be obligations to make reasonable accommodation to address a particular need, such as allowing for wheel chair ramps or addressing a size restriction, the structure should be compatible with the surrounding area and follow rules that apply to other residences. Question: Given federal fair housing laws, how can we limit the type of group homes going into an area. For example, how could we allow projects for the mentally ill and /or developmentally disabled, but not allow projects for criminal halfway houses? Answer: As of this date, we are unaware of case law that brings adult correctional work release facilities under the protection of federal or state fair housing laws. While jurisdictions may not preclude essential public facilities, such as work release facilities, they can set up processes for siting this type of group home. s File: L 00 -0011 Drawing #1 i u1011 �il`ii.lf iii�lii liii�iiii i O Till lm`ti 111111111i 111111111 —r- Attachment A conditions for approval p iiii ll!;h E3�'8g S. 1 aal 25 "s gp S C�� 55 gd 5 $ g 5 �j y$$ tan y t�g 33.$ lIfluiUh 8 Z iii;:ili:::1' i _ � 3 r - 6T'.1 i. y i °J" diJ ug3'°g €e 8. €3gg g S EEC :11111 U g.4E dglg 6 geQ _E x$1ESS$ • I. Featly can not be detrimental to health of community. 11.11 application Is dented cg rector submits documentation as to why. III. Notice of decision sent to applicant _ a yy p= F lgs '�� :rE i gs2 qq X11 °'� °S 8$ Pat' 8 93 s Egs ' na Li Fi ii. , $¢q� x, -$ 111a b' $y i`Y• E fliflh xx y !e!ky 3gg :•Q� =-hi 8°5 $ fl!i!thi 8 t E 8E ° e gg ggg ETA $ � � 7€ 5 . 6 i _ i ail'.$ dy iUIt 8 �3 S$5C ell � M ^e� 1. Ey+ 8EE =€ 8it '� I -E ge I § 5` $ so W °e Sg•� � E$c :a e _ �;1ftjq t1I1flIfl 1 1 $ 7 li Q ° ES m ° gnat 145 i 4S $ e82 o §s;ci g d. oe�;oe °�Smx °3a g ��ggn � '�EEalLE m5rc nifiringg$8 °a gg `� �>f i s H € vi 11F = @^ =1.1 I I I$ a °$9E 8 lE a4- �S = d 2 �Fo �D E gB 7 5 5 i 9 E8 Ng. E EA g4Ea' v.9$ $ 8 ao _iI a siting regulations y2 HII!lltUIhIIi 1. o ��E�v7S g `Bagy. EaR ��86_ ^g=o SoB c22 ,qgE i•fi sggus ASH Ng'� bs mI ggsgg SI q ' E5 -E!" sTly E°a-- .gSEEE i83rL8gi1° 888 E �'`om�°gi gi5 it /1E1 €L'gg sigg111.1 Si $8: y 8g $ l 81 a`g� E'T9a I FE y2 snp iyJ SS Q$ an n. i $ . $�•'4ys t �Ey$8ot�ti ,y$`J�Ey g ij ky£y3i .°i9fi < 8 El '"; 1gg =•`'9g $y3y gg� .�Sii I. Lot We of any new or expanding work - release Amer sag be located 500 feel or more from any resldenlial zone, lot We of special residence or school. II. Lm We of expanding or raw work release renter must be one mile nom any other work release Amer. Wogs Release/Juvenile Community Fac99y.L No facility can have more than 16 residents. 11. Lot line must be 1,000 feet or more from any residential zone, daycare, foster home, Crisis ar0 facility, group are home dust, school. park or open space. III. It must amply with facility siting procedures found under RCW 72.65.220. N. Facilities must have at least a 1:8 sun to resident ratio. V. People convicted Of Seneca crimes aaomirg to RCW 5.540.030)31) and 71.09.020(8) are not permitted In facilities. $��y 8.5 8r$c a o� = a>•g P =�O u Es°g8g_E 1ND -�o� ri`g 80 8 $m °Eg,_p,�_ ug °smgZSn `°u_ aUriE o^ ,;££d Iiil _ g € 8 n i 9 ,�• - H Multifamily (conditional use) Muted use] zone (permitted use) p € g E @E 3 E ° fi Ifl li � 08 S r� rc Eii S S If fl ¢ cNi z p i YY € 8 `� 8fld g illid 5 E B E II °� g s i u p ¢ RI $ k 55555 !m� F 3 49y b E t g` 3 Multifamily (conditional use) Y J Eg q s "" _ a �$ 8 x Y E 2 .� _ x g i ° E. _ i s L Ea� _ 33 " - E _ LL un x° u° $ .8C TEEEEi g e h g . y S II E� 1 a _ F '3$ gNggg .. 3 5 dill.. TIT dill! gg§§ o 0,0 $'E a'S€gt.g @ 0'§ f�= 2E$o °. �• 101.1111141111 _ - y _i o a }g S$g by a ki ¢p WI U 3 k @g sgs 8 Xq '.2 - t3 g � pg 1 � S 5 - E iygt 1!�� ° ':c E �m I S Ai _ fr ' 5.: p � o E. • In depth definitions for.'Ada lam0y home', Family...People with functional disobliges', ' Housing for people with funclonal msaa9aks', - YesidemW tare Fanny' and'auppadve riving Harald for People with Functional anargemerne are given. Gisalliites 4r. it d8 il egg O ryry gg 1pEi Id tqY y 3 gE8 let;. e2 g8'1 2 e_,E ya �io.3FE .T °`o8 80 L° i g y°S -i22.E 11! c °� °8 0V.O F' F 8$= did Yp 2b .g " " ^}Ee p o P$.. n "41101E14= '� 88 ,��•• a3 gk 8 K 8$' t7(Ea 8 a °��°8 ��a �Et7 e $y i �' alcohol and dng users provided detox prohibited. Juvenile community facility. A group are for Hospital or sanitarium beating dog juveniles committed to 0505. A county detention addicts oratabolc palienrs or facility for juveniles is not thctuded.Carrectional asylums lOr mentally R properly Institution: A pudic facility for incarceration licensed in Inc state. O1 persons under warrant or awaiting trial. it Includes prerelease facilities but not work release or)uvenife community facility. Work release center. An alternative to imprisonment under the supervision of federeistale or local agency. Work Releasekluvenile Community Facility gYO y6 6$ 8 SII 88 %. ili • Ey�$ ° 3 '� $ /`�a_G 1x 61.wg of s SI>R U.`+ xN $•. r E.412 3 .n w i a`a� € s 8 o ao'.a '88.8="5- z '8" `$ 5�s°".sx g" y ° Y ;.ga °ae ECn4'�E^ c °g `°Eg 0 ;Y._ s F- 13c -g�. ?a n_" !for alcohol andlor drug users who are sell.sulfidem ! enough to subsist: which orovidesresidenl'uly Adult Family Home_ $ F =S 3'E °t- =33.8 _ 9 gg° E_ �8_ g$ =ode nna !Group Homes 5 orfeaerctienls Family Home, Adult: Regular family a0ode of a person or persons providing personal are, mom and board to more than one but not more than five adults who are not related by blood or mama9e to the person or persons providing me services.' GroupHOes 5 or more ° 8�E }q' $ Ag$o'=''• "gg j9a3 es Y k OsE E x .� $a�LL55pg 8 + §0.1 E E8�g-+�o �E y no o° o14 'a OU= E €°�- W� o8 � �i,'> g SZ_ `N 2 r-'^ a r °kC €�$� r14.,11St°$ $fig` •� u �2. 0 -0'E g n� $$ 8 Nu.x�v:cLLLL SS > °oEae S :ail vE' :Sg gg Ohl?! g 53 y _ aegd"' $�OC°'c _ �._ €� - o " =E o °yy oo -C° n.t ^r3 C Eog � s �g3 188 lHethway house includes stale Goosed group care Hones for Juvenile delinquents, haaway nacres providing residence in Goo of IrWGNiaM semendng orto Nose need8g corr0hnal Institutionalization. and detox Centers 90.05.4 by the stale forcing and &loonoi rehab. 8 Ee ill. Ill 11:41 gOE ,t�,p 5€ kE g $ggg LE° SE Cgt .`y}` kp @$y a} (, E " E4 u S S °8 5,73y ``oa '$° $5 b g g $ i gg pp° $$��e $gj gil ' 1 x'X ° l- U' i 8 8 �o E.�_ .3 nue ga 8E2$E '6ay 8 E £ ' � M E g2E3 ek m E�. ° ^oa 0$o u" _ o`e 88dCi8 w c ILA CONNER O 'a H h > a 1 a s 3 '.6001111IIIIIIIIIIdIlidM1 441iII6111111a dII11d dl.lI11W I111110h0111IIdIIIIIIdIInIU11 ml0