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HomeMy WebLinkAboutPermit L97-0023 - CITY OF TUKWILA - TEMPORARY USE OF RECREATIONAL VEHICLES CODE AMENDMENTL97 -0023 City Of Tukwila Adding Provision to the TMC 6200 Southcenter Blvd. City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director PUBLIC NOTICE City of Tukwila Notice is hereby given that the City of Tukwila Planning Commission and Board of Architectural Review will be holding a public meeting and public hearing at 7:00 p.m., on May 1,1997; in the City Hall Council Chambers located at 6200 Southcenter Blvd. to discuss the following: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: BOARD OF ARCHITECTURAL REVIEW PUBLIC MEETING L92 -0084 Great Bear Motor Inn /Total Art Corp. Design review approval of a 20 foot freestanding sign. 14420 Pacific Highway, Tukwila. PLANNING COMMISSION PUBLIC HEARING L97 -0013 City of Tukwila Revisions to Tukwila Municipal Code (TMC) 18.70, non - conforming uses. City -wide. L97 -0020 Don Williams, Tukwila Parks and Recreation Planning Commission determination of the parking requirements for the Tukwila Pond Park. 299 Strander Blvd, Tukwila. L97 -0023 City of Tukwila Adding provisions to the Tukwila Municipal Code related to the temporary residential use of recreational vehicles at active construction sites. City wide. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 4313665 w -1 C.) UO cn w w =' w> w O: u. J' N a zv uJ I- O. Z uj v o ,O NP 0, w w` H V! w Z z. CASE NUMBER: APPLICANT: REQUEST: LOCATION: BOARD OF ARCHITECTURAL REVIEW PUBLIC HEARING L97 -0004: J.C. Penney Home Store John Balkovec Design review approval of a new 60,000 sq. ft. furniture and housewares store. 17200 Southcenter Pkwy, Tukwila. Persons wishing to comment on the above cases may do so by written statement, or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Division at 431 -3670. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: Distribution: Seattle Times April 18, 1997 Mayor, City. Clerk, Property Owners /Applicants, Adjacent Property Owners, File. i• • CITY OF TUKWILA DETERMINATION 'OF NONSIGNIFICANCE (DNS) DESCRIPTION OF PROPOSAL; AMENDMENTS TO TMC 18.70 AND USE OF RECREATIONAL VEHICLE'S AT ACTIVE CONSTRUCTION SITES PROPONENT: DEPT OF COMMUNITY DEVELOPMENT LOCATION OF PROPOSAL INCLUDING STREET ADDRESS; :. IF ANY: ADDRESS: 6200 SOUTHCENTER BL PARCEL NO: 359700-0282 SEC/TWN/RNG: .FOR RECREATION VEHICLE'S AT ACTIVE CONSTRUCTION SITES LEAD AGENCY: CITY OFTUKWILA FILE •NO:: E97- 0005 The City has determined that the proposal doe_, not have a probable significant adverse impact on.the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2)(c) This decision was made after review of..a completed environmental checklist. and other infornat"ion':o'n file with the lead agency: This information is avai Tab.l'e to ,the-piibl ic.oh 'request. ****k•k•k**.* *** *: * *#**:+********** k• kk********* k* k*.* ****** **•k•k**** ** **:k **•kk* *•* This determination i"s final and sinned this,- day of 199- Steve Lanca:ste'r, Responsible Official City of TiiIkt,ila. (206),.431-3670 6300 South"center Boulevard Tukwila. WA:. •98188':.: Copies of the procedures for SEPA . appea l s ;are available wi th the Department of Conii»uni".t•v Developmen.t' • r4 6 -.I C.) 00 CO CO W w =' J H: N u. w0 gQ I-- ▪ w. _•. I- I- 0 . ZF W W• . D p; 100 N I-. W N U, U. Z'. O CO ui 0 z. City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director STAFF REPORT TO PLANNING COMMISSION Prepared April 21, 1997 HEARING DATE: May 1, 1997 NOTIFICATION: Notice published in the Seattle Times on March 18, 1997 FILE NUMBER: L97-0023 APPLICANT: City of Tukwila, Department of Community Development REQUEST: To add provisions to the Tukwila Municipal Code for temporary residential use of recreational vehicles at active construction sites. LOCATION: City-Wide RECOMMENDATION: Forward Comments to City Council SEPA DETERMINATION: To be completed prior to City Council Hearing STAFF: Alexa Berlow ATTACHMENTS: A. Proposed code revisions 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 • • --.. ' • '• • ,• Staff Report to the Planning Commission L97 -0023 Draft Ordinance Recreational Vehicles FINDINGS The draft ordinance proposes to add provisions to the Tukwila Municipal Code that allow recreational vehicles as a temporary residential use at active construction sites. The draft ordinance would add and amend provisions of the Zoning Code regarding the use of recreational vehicles for temporary use at active construction sites, as follows: A. Add section 18.06.622 to Chapter 18.06 of the Tukwila Municipal Code, defining "recreational vehicles ". B. Add Chapter 18.62 to Title 18 of the Tukwila Municipal Code, outlining the purpose, application, and conditions of allowable uses for the Temporary Use Permit. C. Amend Chapter 18.88.010 of the Tukwila Municipal Code to include a fee for the temporary use permit application to be consistent with other Type 1 Permits. D. Amend Chapter 18.104.010, Section 61 of Ordinance 1770, Section 1 part of Ordinance 1758 to include a fee for the temporary use permit application to be consistent with other Type 1 Permits. To study the issue pertaining to this proposed ordinance, DCD staff survey relevant code sections concerning recreational vehicles and temporary uses from the cities of Friday Harbor, Gig Harbor, Gold Bar, Ocean Shores, Puyallup, and Port Angeles. BACKGROUND In response to a citizen request, the Community Affairs and Parks Committee (CAP) of the Tukwila City Council asked staff to prepare a draft ordinance that would allow use of recreational vehicles as temporary residences at active construction sites. The CAP has reviewed the draft ordinance prepared by staff and has referred it to the Planning Commission for your review, hearing, and recommendation. 2 Staff Report to the Planning Commission SUMMARY OF ISSUES Reasonable Number of Days Limit L97 -0023 Draft Ordinance Recreational Vehicles Under the proposed draft ordinance, the residential use of recreational vehicles cannot substitute for permanent housing. The temporary use must be limited in duration. Of the cities surveyed, six (6) months was the most typical number of days allowed for a temporary use permit, including Gig Harbor, Ocean Shores, and Puyallup. In addition, most cities surveyed also granted one (1) six (6) month extension. In Friday Harbor, Gold Bar, and Port Angeles time frames were longer than one year, ranging from 18 months to as long as 5 years. In Tukwila, the consensus among DCD staff was to keep the time frame as short as possible, six (6) months with the option to renew for an additional six (6) months. (Note: Planning information such as zoning and land use distributions, and statistics for local building densities and building permit volumes for each of the • above cities were not available for this study to know how the number of day limit for temporary permits on recreational /mobile vehicles was determined.) Permit Tracking In Tukwila, the logical method of tracking a temporary permit would be through the City -wide Sierra computer system. The temporary permit would be set to expire upon final inspection of the permanent dwelling. Code Enforcement Performance Bonds and Associated Cost Agreements A performance bond for one thousand dollars ($1,000) is currently proposed in the ordinance as a code enforcement measure. In addition to the bond, it has been suggested that an associated cost agreement be added to cover any costs the city might incur to remove the recreational vehicle, should this action be necessary. Basic Development Standards It has also been suggested that basic development standards outlined in Tukwila Municipal Code must be enforced for recreational vehicles as a temporary structure, including building setbacks, parking, and limits to the number of recreational vehicles allowed on a given property. 3 • z .M1-; w` u�liJ 0 • .0 O' • W I. J w;. wO • J .=c .E-_; z 1_ 1- 0' Z 1-: ` • • UO NI !O H'. •'wu O; _ z, • : .O. F- 2 Staff Report to the Planning Commission L97 -0023 Draft Ordinance Recreational Vehicles Currently, the Department of Community Development works closely with Code Enforcement to monitor violation of city codes of all types. Continued collaboration with Code Enforcement to monitor evasion of temporary use permit application requirements will be necessary. Utility Connections In the survey of other cities, all but two cities, Port Angeles and Puyallup, require utility hook -up of temporary uses. In Tukwila, there has been mixed feedback on recommendations to require utility connections, including sewage disposal, water • access, as well as telephone and television cable services. Reservations to require utility connections stems from concerns that costs incurred by property owners to install utility connections will become a dis- incentive to remove the structure, and an incentive to try and tie approval of recreational vehicle into final building inspection. CONCLUSIONS 1. The development and tracking of a temporary use permit should be considered in relation to permanent building permits, and logistics of current permit processing under HB 1724. 2. Determine how temporary uses will need to comply with basic development standards of Tukwila Municipal Code, and how associated fees will be applied and enforced. 3. Additional research is necessary to determine appropriateness and scope of requiring utility connections, and measures for enforcing their removal. RECOMMENDATIONS 1. Develop a Temporary Use Permit. 2. Introduce an intermediary inspection of recreational vehicles. 3. Introduce an associated cost agreement. 6. Department of Community Development will work with code enforcement officer to monitor compliance with all applied regulations. 4 Staff Report to the Planning Commission L97 -0023 Draft Ordinance Recreational Vehicles 4. Amend item 18.62.030 - temporary use of recreational vehicle as a residence, as follows: a. Limit recreational vehicles on single family construction sites only. b. Limit number of recreational vehicles to one (1) per property at any given time. c. Require that trailer must be lived in by property owner d. Trailer must meet basic development requirements of zoning code for district. e. Distance from other structures as potential fire hazard. f. limit on -site parking for trailer to two spaces. g. Under no circumstances shall a recreational vehicle be allowed, whether temporarily or permanently, as an accessory dwelling unit. 5. Telephone and television cable service utilities need not be underground. 6. Condition of recreational vehicle must be suitable for transport on public highways. 5 ..,, Community and Parks March 25, 1997 Page 2 They recommended removing the commercial truck parking in residential neighborhoods section and sentence in the chapter. The committee concluded that the whole document needed background information about how the Commission arrived at some of their recommendations, some "why" reasoning for the changes, and an overall summary of whether we're gaining or losing parking spaces. Recommend ordinance to COW when ready. QTrailers Used During Construction Steve had prepared a draft ordinance allowing Vs at construction sites once the develop had er a building permit. The committee asked about a single wide trailer and were told it was purposely left out since the city could have to fight people to have them removed once they were up. As the new law would be part of the zoning code, it needs to go through the Planning Commission. Recommend ordinance to Planning Commission. 4. Street Boundary Issues Mike Alderson explained the need to change the name of 57th south of S. 180th to Southcenter Parkway, since that is the mailing address bµsinesses there use already; and to also address the ordinance that said Southcenter Boulevard ended at the west city limits, since it now ends at 53rd just west of I -5. The committee referred to the comp plan which says to extend both these street names to the city's borders. They committee recommended repealing Ordinance 460 which stops Southcenter Parkway at S. 180th, and have it extend south to the annexation area. Staff said they would try.to work out the landmark with Public Works. The committee also talked about changing the name of Southcenter Boulevard to extend to the west city limits at Pacific Highway, replacing S. 154th west of I -5. They talked a little of the difficulty of changing addresses with not only the property owners, but also the renters, the King County Assessor, the Post Office, phone bill, 9 -1 -1, K.C. Elections Office, and others needing notification. Mike said it's not possible to think of everyone residents should notify, but the committee encouraged him to suggest as many as possible. As both these changes are recommended in the comp plan, the issue will go to COW with a plan how best to proceed. Recommend to COW when ready. 5. Commercial Truck Ordinance Lucy said there had been some clarifying amendments since the committee had last seen the draft ordinance, but that it was fairly ready. The committee talked about tractor - trailer cabs in neighborhoods, and allowed that they should be okay if they were in driveways. The issue of how to determine if a setback area was a driveway or not came up, but a good solution to figuring how to define that was not found. Lucy said she would check to see how big some of the cabs she had ; z z• H CL 2 6 J U: O 01 w _, J F.. N um W 0. • D. d _ Z �! z� .11.1 uji U� 1U; Z w U =`. z �J��11LA,gs lii. �, , City of Tukwila ,,1�,�►� John W. Rants, Mayor MI: , Department. of Community Development • Steve Lancaster; Director MEMORANDUM To: Jack Pace From: Michael Jenkins Date: March 19, 1997 Re: E97 -0005, SEPA review of revisions to TMC 18.70, non - conforming uses and to establish a new chapter to the Zoning Code to regulate the use of recreational vehicles as temporary dwellings at active construction sites This SEPA review is fora non - project proposal to amend Tukwila Municipal Code (TMC) Chapter 18.70, Non - conforming uses. Revisions to this code section will change the length of time that a non - conforming use maybe abandoned or vacant, establish criteria to evaluate requests to change one non- conforming use to another non - conforming use, establish a decision process for non- conforming uses and allow for minor maintenance at non - conforming use and on non - conforming structures. There were no comments from other City departments on.this application. SUMMARY OF IMPACTS Earth: N/A Air: N/A Water: N/A Plants: N/A Animals: . N/A Energy /Natural Resources: N/A Environmental Health: N/A Land and Shoreline Use: N/A Housing: N/A Aesthetics: N/A Light and Glare: . N/A Recreation: N/A Historic /Cultural: N/A Transportation: N/A Public Services: N/A Utilities: N/A 6300 Southcenter Boulevard. Suite #100 • Tukwila. Washington 98188 • 0061431 -3670 • Fax• 12n61431.36M . , - +. E97-0005 ' • SEPA Checklist for code amendments. March 19, 1997 SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS: The project will revise the code section concerning non-conforming uses. The changes will result in a new criteria to evaluate changes from one non- conforming use to another non-conforming use, the length of time that a non- conforming use can be abandoned and the decision process that must be followed. There are no other alternatives available, as these revisions may only be implemented through changes to the city's municipal codes. The revisions to the Zoning Code concerning the use of recreational vehicles at active construction sites will establish a permit and review process as well as a fee for such uses. RECOMMENDATION: • c:\msoffice...sepa\e97-0005.doc • ix DRAFT 03 -20 -97 AN ORDINANCE OF THE CITY COUNCIL OF TILE CITY OF TUKWILA, WASHINGTON, AMENDING THE ZONING CODE BY ADDING PROVISIONS RELATING TO THE TEMPORARY RESIDENTIAL USE OF RECREATIONAL VEHICLES AT ACTIVE CONSTRUCTION SITES, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the ability to temporarily reside at the site of an active construction project provides benefits to property owners and builders in terms of construction site security and cost savings; and WHEREAS, recreational vehicles provide a convenient and affordable option for temporary residency; and WHEREAS, the manner in which such temporary residence occurs may impact the public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON HEREBY ORDAINS AS FOLLOWS: Section 1. New section. A new Section 18.06.662 is hereby added to Chapter 18.06 of the Tukwila Municipal Code, to read as follows: 18.06.662 Recreational vehicle. "Recreational vehicle" means a wheeled vehicle intended for travel on the highways and licensed for such use by the State of Washington, which provides living accommodations such as a bed or beds, cooking facilities, toilet and bathing facilities. Examples include travel trailers and motorhomes. Manufactured and mobile home dwellings, as defined by section 18.06.245, are not considered recreational vehicles. Section 2. A new Chapter 18.62 is hereby added to Title 18 of the Tukwila Municipal Code, to read as follows: Chapter 18.62 Temporary Use Permits 18.62.010 Purpose. It is the purpose of this chapter to establish review and permit approval procedures and criteria for certain temporary uses of land not otherwise allowed under the provisions of this title. No temporary use described in this chapter shall be conducted or Attachment A ... ..:' Z w 6 J U; UO; co W =: J CD LL w O;. LL a I. Wm �. I- O, Z U° °I-.. al = U` u'O z: UN z 1 allowed to be conducted on any property except in compliance with a valid temporary use permit issued by the DCD. Applications for a temporary use permit shall be processed as a Type 1 decision. 18.62.020 Application - Requirements and fees. Application for a temporary use permit shall be filed with the DCD on forms prescribed by that office. All applications shall be accompanied by a filing fee as required in the Applications Fees chapter of this title and shall include the information required by section 18.104.060 of this title. The site plan required by subsection 1.d of section 18.104.060 shall include the following information: (1) The legal boundaries of the subject property and adjacent public right- of -way. (2) The location of any existing structures on the subject property, or located within the legal setbacks of any adjacent property. (3) The proposed location of any planned structure for which a building permit application has been or will be submitted. (4) The location and purpose of any utility, access or other easement on or adjacent to the subject property, including any related recording numbers. (5) The location of any existing structure proposed to be demolished. (6) The location, dimensions and a brief description of any proposed temporary residence, and the location and size of any sewer, potable water or power supply line proposed to serve the temporary residence. 18.62.030 Temporary use of recreational vehicle as a residence. The Director may issue a temporary use permit for the use of a recreational vehicle as a temporary residence at an active construction site, subject to the following conditions and limitations: (1) A recreational vehicle may be used as a temporary residence for a period not to exceed six (6)months. No more than one extension of up to six (6) additional months may be granted by the Director upon finding that the temporary use has complied with all applicable requirements, conditions and limitations of this chapter and all other applicable requirements of the Tukwila Municipal Code. (2) The recreational vehicle shall be equipped with toilet facilities and connected to the sanitary sewer system or an alternative sewage treatment/disposal system approved by the Seattle/King County Health Department; shall be connected to an approved potable water supply; and shall be served by an approved electric power connection. Utility connections shall be subject to all applicable standards, fees and inspections, except that temporary electric power service need not be underground. (3) The recreational vehicle shall be equipped with an operable space heating system designed for this function and properly installed. (4) The temporary use permit shall not be issued prior to issuance of a building permit for the construction project with which it is associated. The temporary «; �w o: J o. O 0. CO w _. J w0 g • Q. co � w z� �o z I - Do .O ; 0 F- • o: Uw 0 I- z use permit shall expire at the end of the permit period as provided by subsection 1, or upon occupancy of the construction project, whichever occurs first. (5) Prior to occupancy of the associated construction project, the recreational vehicle shall be disconnected from all utilities and residential occupancy of the recreational vehicle shall be discontinued. (6) A performance bond, cash assignment or other financial instrument acceptable to the Director, in the amount of one thousand dollars ($1000), shall be provided to the City prior to issuance of a temporary use permit, for the purpose of enforcing and guaranteeing compliance with the requirements of this chapter. Any amount not needed to enforce or guarantee compliance shall be returned to the applicant upon confirmation that the residential use has been terminated. Section 3. Amended section. Section 61 of Ordinance 1770, section 1 (part) of Ordinance 1758, and section 18.88.010 of the Tukwila Municipal Code are each amended to read as follows: [The zoning code fee chart would be amended to establish a fee for a temporary use permit application. Staff recommends a fee of $200, which would be consistent with other Type 1 permits, such as "special reviews" for parking, sign deviation, etc.] Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. 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 five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 1997. ATTEST /AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: By John W. Rants, Mayor \, z • _�. 'U O 'N • ' cn w' wx :. CO J � W O; g co I w. z �. a- O' zI p, • .w W- U' • ui z O 1- z Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: �.. .... . ..