HomeMy WebLinkAboutPermit L05-018 - CITY OF TUKWILA - CODE AMENDMENTSCITY WIDE
ZONING CODE AMENDMENTS
COMPREHENSIVE PLAN AMENDMENT
COMPREHENISVE LAND USE AMENDMENT
L05 -018
HEARING DATE:
NOTIFICATION:
FILE NUMBERS:
Department of Community Development
LOCATION: 'City wide
STAFF REPORT
TO THE PLANNING COMMISSION
April 28, 2005
Prepared April 14, 2005
Notice of Public Hearing published April 15, 2005.
L05-018 ZONING Code Amendments
E05-005 SEPA Checklist
Steven M. Mullet, Mayor
Steve Lane Director
REQUEST: Hold a public hearing and make a recommendation 'to the City Council
aboutthe '9 proposed Amendments to the Zoning Code
SEPA
DETERMINATION : DNS
STAFF: Non
ATTACHMENT A. Strikeout/Underline 'Revisions to:Zoning code
6300 Southeantaf Boulevard. Suite '*1 • raki Washington 98I8 B 0 Phone: 206=431-3670 Fax: 206=431-3665
BACKGROUND
Staff has grouped 9 proposed amendments to the Zoning Code and Trailer Park regulations
together for consideration. The topics range from minor housekeeping or clarification to policy
decisions about allowed uses and development standards. Staff presented these issues with
various options to the Community Affairs and Parks (CAP) Committee on March 15`". The
Committee chose a preferred option for each item to forward to the Planning Commission for a
hearing and recommendation. Each proposed change is discussed below and the actual changes
to the code language are shown in strikeout/underline format at Attachment A.
DISCUSSION OF PROPOSED CHANGES
A. Manufactured Homes in LDR
The State Legislature has passed an ordinance requiring that manufactured housing be treated
similarly to other types of housing (stick built). Specifically local governments can require that:
a) only new manufactured homes may be used outside of mobile home parks,
b) the manufactured home be set on a permanent foundation and that the space from the
bottom of the home to the ground be enclosed,
c) the manufactured home comply with all local design standards applicable to all other
homes within the area,
d) the home is thermally equivalent to the state energy code, and
e) the home meets the state definition of a "designated manufactured home" such as
minimum 3:12 roof pitch, minimum size of 12' by 36' and conventional residential
siding materials.
However, Tukwila cannot exclude manufactured housing from individual lots in the LDR, MDR
and HDR zones as is our current practice. The state law takes effect on July 1, 2005, so we
should amend our code to comply prior to that date.
The Community Affairs and Parks (CAP) Committee supported adding design standards for
single family housing that would require all new single family houses to have:
a) A one car or larger attached garage;
b) A front door facing the street;
c) A minimum roof pitch of 5:12.
B. Residential Short Plats in Commercial Zones
The Zoning Code allows for one single family house per lot in the MUO, 0, RCC, NCC and
TVS zones which are primarily intended for light commercial and multi- family uses. I believe
that the Council's intent with this was to minimize the number of non - conforming residential
uses. However, some of these zones have either no minimum lot size, or lot sizes as small as
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• •
5,000 square feet while LDR, our single family zone, has a 6,500 square foot minimum lot size.
This has created interest among developers in short platting commercial land for single family
residential development. The CAP recommended adopting a clarification that single family
houses are only allowed on existing lots, not those created through new short plats.
C. Condominium Conversions
The Zoning Code requires that an apartment building owner obtain an Unclassified Use Permit
from the City Council prior to converting the units to condominiums for individual sale. The
UUP process is time consuming and may discourage the owner of a troubled apartment building
from considering that alternative. There are no criteria in the UUP chapter that deal specifically
with condominium conversions so it is not clear what the City's concerns are with the issue.
State law (RCW 64.34.440) has requirements for tenant notification, first right of refusal and
public offering statements that disclose any building, mechanical or electrical code violations to
prospective purchasers. Of the South King County cities only Auburn and Renton have
condominium conversion ordinances. Auburn requires $350 of relocation assistance. Renton
has tenant notice provisions, requires filing the public offering statement with the City Clerk and
extends the tenants first right of refusal from 6 months to one year. Neither requires a public
hearing process.
The CAP recommended repealing the UUP requirement and adding administrative requirements
for a City housing code inspection and a requirement that all code violations disclosed in the
public offering statement be repaired prior to the conveyance of the unit.
Under the International Housing Code, unlike the Uniform Building Code, the conversion of an
apartment building to condominiums is a change in Occupancy Classification Group. This
requires an inspection and corrections to any code violations before issuance of a new Certificate
of Occupancy. Therefore no Zoning Code changes are required to implement the CAP's
recommendation.
D. Expiration of Inactive Permits
Currently if an applicant for a land use permit does not resubmit in response to a Notice of
Incomplete Application within 90 days the Department can close the permit. However, once the
application is complete there is no mechanism to close an inactive permit when the applicant
does not respond to a request for more information.
The CAP recommended that we extend the 90 day period to complete permits. Staff would
notify the applicant about the deadline for resubmittal in the correction letter and also try to
make contact with them toward the end of the 90 days. In cases of hardship we could have
discretion to grant an additional grace period.
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E. Kennels as Conditional Uses in the TUC
The City has been approached by a representative from PetsMart about the possibility of adding
a "pet hotel" for dog and cat boarding within their existing store. This is something that they
have done in other parts of the country. Kennels for 4 or more cats or dogs are a conditional use
in the RC, RCM, C /LI, LI, HI and TVS zones but are not permitted at all in TUC. Animal
veterinary clinics with associated temporary indoor boarding are allowed outright in all zones
except 0, LI, HI, MIC /L and MIC/H. The CAP recommended allowing indoor kennels as a
conditional use in the TUC.
F. Administrative Planned Residential Developments
When the City updated the Subdivision Ordinance in 1997 the reference to administrative PRDs
was inadvertently deleted. It has been DCD's practice that if an applicant with property
containing a wetland or watercourse chose to apply for the lot size or setback reductions allowed
under the PRD chapter the process would follow the type of the underlying permit. For example
a PRD for a three lot short plat (Type 2) would not have to have a hearing in front of the Council
like a subdivision (Type 5), it would still be handled administratively. The CAP recommended
that we codify this in the PRD chapter for clarity.
There are two expiration deadlines for PRDs, see TMC 18.46.120. The first requirement is that a
complete building permit for the application be submitted within 12 months of the date of City
Council approval. The second requirement is that once DCD determines that the building permit
is in conformance with the approval the City Clerk shall record a copy of the PRD with King
County and amend the zoning of the site with a PRD suffix. Construction of improvements must
begin within 12 months from the date of the City Clerk filing. In practice the City has not
recorded the PRD separately with King County or modified the site zoning with the suffix. The
CAP recommended that we change the second deadline to require that construction begin within
6 months of building permit issuance. If that building permit expires, so would the PRD
approval.
G. Lot of Record Changes
• •
Tukwila's current definitions of lot and site don't clearly define the circumstances under which a
parcel is considered a separate, buildable lot. The City Attorney has reviewed our code language
and suggested the following changes that will tie our definitions to the requirements of State law:
Lot "Lot" means a physically separate and distinct parcel of property which has—been fa) was
created by plat, short plat, or binding site plan, or . . . - - , (b) was
bought or sold as separately owned parcel of property used as a separate legal building site prior to
the requirement that lots be created by plat, short plat, or binding site plan:, or (c) was created by a
transaction which was exempt from the requirement that lots be created by plat, short plat or
binding site plan. "Lots" may be bought or sold as separate parcels of property but the fact that a
parcel of property is defined as a "lot" does not necessarily mean that it may developed as a
separate building site.
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TYPE OF PERMIT
INITIAL DECISION MAKER
APPEAL BODY
(open record appeal)
Administrative Planned
Residential Development
18.46 17.08.040)
Short Plat Committee
Hearing Examiner
(TMC
Short Plat
(TMC 17.08.06012)
Short Plat
Committee
Hearing
Examiner
Decision regarding
Sensitive Areas
(except Reasonable Use
Exception) (TMC 18.45.125)
Community
Development
Director
Planning
Commission
Special Permission Parking, and
Shared, Covenant or
Community
Development
City Council
TYPE OF PERMIT
DECISION MAKER
4M-14g Development Permit
Building Official
Utility -Permit
P W Dire
Boundary Line Adjustment,
including Lot Consolidation (TMC
Community
Development
Director
17.08)
band-Alteration
P \Y Dire
Site "Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are
proposed as the location for a development, as defined in TMC 18.06.210, or for some other
activity which requires a permit or approval pursuant to TMC titles 16, 17 or 18. legally-clermed
County Assessor's Office.
In addition the City Attorney recommends replacing TMC 18.70.030 Preexisting Legal Lots of
Record with amended language clarifying the development rights for substandard lots. We
would continue to allow lots that do not meet current size requirements to be developed, so long
as they can meet current development, land use and environmental standards. If they could not
meet standards they would have to be consolidated with an adjoining lot or request a variance.
The CAP supported all of these proposed changes.
H. Housekeeping
There are several outdated or incorrect TMC citations at TMC 18.104.010. Staff would like to
update, correct or delete these references.
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TYPE 1 DECISIONS
TYPE 2 DECISIONS
Page 5
TYPE OF PERMIT
INITIAL DECISION MAKER
APPEAL BODY
(open record appeal)
Reasonable Use Exceptions under
Sensitive Areas Ordinance
(TMC 18.45.180 -14)
Planning
Commission
City Council
Modif to Certain Variance
Planning
Commission
City Council
from Parking
Standards Over 10% (TMC
Chapter 18.56.140)
Modification or Waiver to Loading
Planning
City Council
Zone or Bicycle Parking
Commission
Requirements (TMC 18.56.060 or
130)
Complimentary
Director
Subdivision - Preliminary Plat
(TMC 17.142.020)
Certain Parking
Standards (TMC 18.56.0650
and .070)
Sign Permit Denial
(TMC Chapter 19.12.020)
Community
Development
Director
Planning
Commission
Administrative Variance from
Planning
City Council
Parking Standards (TMC
Commission
18.56.140)
TYPE OF PERMIT
DECISION MAKER
Subdivision - Preliminary Plat
(TMC 17.142.020)
City Council
Subdivision - Final Plat
(TMC 17.142.030)
City Council
TYPE 4 DECISIONS
TYPE 5 DECISIONS
The CAP supported these housekeeping changes.
I. Use Definition
To address a recent concern regarding the application of the non - conforming use chapter, the
City Attorney proposes that the definition of use be changed to the following:
TMC 18.06.865 Use
"Use" means the nature of the activities taking place on private property or within structures
thereon.
The old definition references the "character and form of improvements to which land is devoted"
and gives rise to the argument that so long as a structure that housed a non - conforming use
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remains the use may be reestablished without regard to the length of time that the use has ceased.
The CAP supported this proposed change.
REQUESTED ACTION
Hold a public hearing on these proposed changes and make a recommendation to the City
Council.
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Proposed Changes
Explanation
• ' • " • - -
Manufactured Homes in LDR, MDR, HDR
They are two different types of structures and
will be regulated differently.
"'
- - •
" '
- - - •
site, bearing an
18.06.2XX Dwelling, Manufactured Home
Manufactured Homes in LDR, MDR, HDR
This is the Washington State Labor and
Industry (L &I) Department definition. L &I
regulate the manufactured home industry.
They inspect the construction of homes in the
factories, apply the appropriate insignia onto
the homes and issue and inspect any
alterations of the home after it has left the
factory.
"Dwelling, Manufactured Home" means a single - family dwelling required to be built in
accordance with the regulations adopted under the national manufactured housing
construction and safety standards act of 1974.
18.06.2XX Dwelling, Mobile Home
Manufactured Homes in LDR, MDR, HDR
This is the Washington State Labor and
Industry (L &I) Department definition.
"Dwelling, Mobile Home" means a factory built dwelling constructed before June 15,
1976 to standards other than the national manufactured housing construction and safety
standards act of 1974 and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into this state.
18.06.255 Dwelling, Single - Family
"Single Family dwelling" means a building, er- modular home, other th n a mobile or
new manufactured home, designed to contain no more than one dwelling unit plus one
Manufactured Homes in LDR, MDR, HDR
This change redefines single family dwelling
to include certain types of manufactured
homes.
accessory dwelling unit.
Attachment A — Draft Zoning Code Changes
The code changes necessary to implement the CAP recommendations are listed below in the order they would appear in the
Zoning Code. The bold title in the explanation column references which issue is addressed by the specific code change.
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Attachment A
18.06.500 Lot
"Lot" means a physically separate and distinct parcel of property which has been (a) was
Lot of Record Changes
Tukwila's current definition of lot doesn't
clearly define the circumstances under which
a parcel is considered a separate, buildable
lot. The City Attorney has reviewed our code
language and suggested the following changes
that will tie our definition to the requirements
of State law.
created by short or binding • • - - - - -
plat, plat, site plan, or - : . : : : :
history, (b) was bought or sold as separately owned parcel of property used ac separate
legal building to the that lots be by
site prior requirement created plat, short plat, or
binding site plan.-, or (c) was created by a transaction which was exempt from the
requirement that lots be created by plat, short plat or binding site plan. "Lots" may be
bought or sold as separate parcels of property but the fact that a parcel of property is
defined as a "lot" does not necessarily mean that it may developed as a separate building
site.
18.06.XXX New manufactured home
Manufactured Homes in LDR, MDR, HDR
This is the state definition from RCW
35.63.160.
"New manufactured home" means any manufactured home required to be titled under
Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a
"used mobile home" as defined in RCW 82.45.032(2).
18.06.780 Site
"Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are
Lot of Record Changes
Tukwila's current definition of site isn't clear
that a site can include multiple lots. The City
Attorney has reviewed our code language and
suggested the following changes that will tie
our definition to the requirements of State
law.
proposed as the location for a development, as defined in TMC 18.06.210, or for some
other activity which requires a permit or approval pursuant to TMC titles 16, 17 or 18.
' - ' ' ' • "' ' ' - ' • ' '
_ _'
TMC 18.06.865 Use
"Use" means the nature of the activities taking place on private property or within
Use Definition
To address a recent concern regarding the
application of the non - conforming use
chapter, the City Attorney proposes that the
definition of use be changed.
structures thereon occupancy, the typc of activity, or the character and form of'
• -
- ' ' '
18.XX.050 Unclassified Uses
X. '
Condominium Conversions
Conversions of apartments to condominiums
would be removed from the list of
Unclassified Uses in the MDR, HDR, MUO,
RCM, and TUC.
- • -- • - • - - -• •
"
' ' ' = - ' • ' - - • ' - - • - •
' ' • ' • ' "' -
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18.XX.020 Permitted Uses
x. Dwelling — One detached single - family dwelling per existing lot.
Residential Short Plats in Commercial
Zones This change would be made to the
MUO, 0, RCC, NCC and TVS zones.
18.28.040 Conditional Uses
Kennels as Conditional Uses in the TUC
x. Indoor animal shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
18.46.110 Application Procedure Required for PRD Approval
A. Filing of Application. Application for approval of the PRD shall be made on forms
prescribed by the DCD and shall be accompanied by a filing fee as required in the
Application Fees chapter of this title and by the following:
1. Justification for the density increases, or lot size and setback reductions, if
requested by the applicant;
2. Program for development including staging or timing of development;
3. Proposed ownership pattern upon completion of the project;
4. Basic content of any restrictive covenants;
5. Provisions to assure permanence and maintenance of common open space
through a homeowners' association, or similar association, condominium
development or other means acceptable to the City;
6. An application for rezone may be submitted with the PRD application if rezoning
is necessary for proposed density. Fees for rezone request shall be in addition to
those of the PRD application;
7. An application for preliminary plat may be submitted with the PRD application, if
necessary. Fees for the subdivision shall be in addition to those of the PRD
application;
8. Graphic images of development in any sensitive area or buffer, including
photomontage or computer - generated perspectives in a standardized format required
by the Director;
9. Every reasonable effort shall be made to preserve existing trees and vegetation
and integrate them into the subdivision's design by preparing a tree inventory of the
significant vegetation on -site as part of the preliminary plat application. A tree and
vegetation retention /removal plan shall be part of any preliminary plat application.
Such tree and vegetation retention /removal plan shall assure the preservation of
significant trees and vegetation.
B. City Council Public Hearing.
Administrative Planned Residential
Developments
It has been DCD's practice that if an applicant
with property containing a wetland or
watercourse chose to apply for the lot size or
setback reductions allowed under the PRD
chapter the process would follow the type of
the underlying permit. This change will
codify this practice in the PRD chapter for
clarity.
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04/21/2005
1. PRD's related to a subdivision or design review permit shall be processed as Type
5 decisions, pursuant to TMC 18.108.050. PRD's related to short plats, boundary
line adjustments or binding site improvement plans shall be processed at Type 2
decisions, pursuant to TMC 18.108.020.
2. The PRD shall be an exception to the regulations of the underlying zoning
district. The PRD shall constitute a limitation on the use and design of the site
unless modified by ordinance.
18.46.120 Application procedures for Building Permit
The following procedures are required for approval of construction for the proposed
planned residential development:
1. Time Limitation. A complete application for the initial building permit shall be filed by
the applicant within twelve months of the date on which the City Council approved the
PRD. An extension of time for submitting an application may be requested in writing by
the applicant, and an extension not exceeding six months may be granted by the Director.
If application for the initial building permit is not made within twelve months or within
the time for which an extension has been granted, the plan shall be considered
abandoned, and the development of the property shall be subject to the requirements and
limitations of the underlying zone and the subdivision code.
2. Application. Application for building permit shall be made on forms prescribed by the
DCD and shall be accompanied by a fee as prescribed by the building code.
3. Documentation Required. All schematic plans either presented or required in the
approved PRD plans shall be included in the building permit application presented in
finalized, detailed form. These plans shall include but are not limited to landscape,
utility, open space, circulation, and site or subdivision plans. Final plats and public
dedication documents must be approved by the City Council before the issuance of any
building permits.
4. Sureties Required for Staging. If the PRD is to be developed in stages, sureties or
other security device as shall be approved by the City Attorney shall be required for the
complete PRD. The various stages or parts of the PRD shall provide the same proportion
of open space and the same overall dwelling unit density as provided in the final plan.
5. DCD Action. The DCD shall determine whether the project plans submitted with the
building permit are in compliance with and carry out the objectives of the approved
PRD. Following the DCD, the City Clerk file the
Administrative Planned Residential
Developments
There are two expiration deadlines for PRDs,
see TMC 18.46.120 and 140. The first
requirement is that a complete building permit
for the application be submitted within 12
months of the date of City Council approval.
The second requirement is that once DCD
determines that the building permit is in
conformance with the approval the City Clerk
shall record a copy of the PRD with King
County and amend the zoning of the site with
a PRD suffix. Construction of improvements
must begin within 12 months from the date of
the City Clerk filing. In practice the City has
not recorded the PRD separately with King
County or modified the site zoning with the
suffix.
approval of shall a copy of approved
' - -- .. •
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18.46.140 Expiration of Time Limits
Construction of improvements in the PRD shall begin within six twelw months from the
date of the issuance of the building /development permit. If this permit expires the plan
Administrative Planned Residential
Developments
The CAP recommended that we change the
second deadline to require that construction
begin within 6 months of building permit
issuance. If that building permit expires, so
would the PRD approval.
shall be considered abandoned, and the development of the property shall be subject to
the requirements and limitations of the underlying zone and the subdivision code. filing
` . An for beginning
.. .. extension of time
construction may be requested in writing by the applicant, and such extension not
exceeding six months may be granted by the Department upon showing of good cause. If
construction does not occur within 128 months from the date of permit issuance filing of
18 10) the designation
zoning map (Figure and zoning shall revert to the underlying
18.50.050 Single Family Dwelling Design Standards
All single family dwellings constructed under building permits submitted to the City
after July 1, 2005 must:
A. be set upon a permanent foundation with the space from the bottom of the home
to the ground enclosed by concrete or an approved concrete product that can be
either load bearing or decorative;
B. if a manufactured home, be comprised of at least two fully enclosed parallel
sections each of not less than twelve feet wide by thirty -six feet long;
C. be thermally equivalent to the state energy code;
D. have a one car or larger attached garage
E. have the front door facing the street;
F. have a roofing material that is residential in appearance including but not limited
to wood shakes or shingles, asphalt composition shingles and tile with a
minimum roof pitch of 5:12; and
G. have exterior siding that is residential in appearance including but not limited to
wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -
cement siding, wood - composite panels, aluminum siding or similar materials.
Materials such as smooth, ribbed or corrugated metal or plastic panels are not
acceptable.
Manufactured Homes in LDR , MDR,
HDR
This new section would implement the
design standards that the CAP recommended
be applied to all single family dwellings.
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18.70.030 ' • •
Lot of Record Changes
The existing section in the non - conforming
chapter will be completely replaced by the
new language that follows.
_ _ _ .
- - - - - - • -
- -
=
City Tukwila, - '
of or,
2. The lot legal lot by the City Tukwila,
was a whcn anncxed of or,
•
Substandard Lots
1. A Lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional
standards for the zone in which it is located may still be developed as a separate lot if the
proposed use is one which is permitted in the zone and the proposed development can
comply with the requirements of this title regarding basic development standards for the
applicable zone and other applicable land use and environmental requirements.
2. A lot, as defined in TMC 18.06.500, which cannot meet the basic development
standards for the applicable zone and other applicable land use and environmental
requirements may be developed only if it is combined with adjacent lot(s) in a manner
which allows the combined lots to be developed in a manner which does comply with the
basic development standards for the applicable zone and other applicable land use and
environmental requirements. In the event lots are combined in order to comply with the
requirements of this subsection, a boundary line adjustment shall occur so that the
combined lots are henceforth considered a single lot.
3. Nothing in this subsection shall be deemed to prevent the owner of a substandard lot
from applying for or receiving approval of variances pursuant to TMC Ch. 18.72.
• " • ' ' • • - •• •
Manufactured Homes in LDR, MDR, HDR
This section of the nonconforming chapter
outlines when a newer manufactured ome
may replace a legally preexisting
manufactured home. This is no longer needed
as under the proposed code changes
manufactured homes may be placed in any
residential zone. These requirements have
• • •' • • • • • • • •
' " '
- • - - •
"
• _ ' _ - ' = - - - • = • • •
- - -- •
-
1_ Shall have that is
roofing material
_- : , - • -, • • •_ _' - - -_ . • • •' ' _
_ _ _ _
. _ - ' - • - - - -
.... . . - -
- . • - • , •
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inch rise for twelve inches 25%;
been incorporated into the definitions and
design standards above.
each of run, or about
- - • •
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five different types are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and/or a public hearing is required
before a decision is made, and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical expertise as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner
who will hold a closed record appeal hearing based on the information presented to the
City administrator who made the decision. Public notice is not required for Type 1
decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
Housekeeping
The Public Works Department and the Permit
Center have adopted new regulations and
changed the names of some permits, making
some Type 1 categories obsolete.
TYPE OF PERMIT
DECISION MAKER
guilfting Development Permit
Building Official
Utility Permit
D,.,,l: W ,,� ,,:ro +
Sign Permit, except for those sign
permits specifically requiring approval of
Community
Development
Boundary Line Adjustment,
including Lot Consolidation (TMC
Community
Development
Land Alteration
Minor Modification to PRD
N iTMC 18.46.130)
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Community Development Director
Pa 7
04/21/2005
Minor Modification to PRD
(TMC 18.46.130)
Minor modification to BAR approved
design (TMC 18.60.030)
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
Decision regarding
TYPE 2 DECISIONS
Community
Community Development Director
Community Development Director
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 OF PERMIT
Administrative Design
Review (TMC 18.60.030)
Administrative Planned
Residential Development
(TMC 18.46 17.08.010)
Short Plat
(TMC 17.0486012)
Binding Site Improvement
Plan
(TMC Chap.17.16)
Shoreline Substantial
Development
Permit (TMC
Chapter 18.44)
INITIAL DECISION
MAKER
Community
Development
Director
Short Plat Committee
Short Plat
Committee
Short Plat
Committee
Community
Development
Director
APPEAL BODY
(open record appeal)
Board of
Architectural
Review
Hearing Examiner
Hearing
Examiner
Hearing
Examiner
State Shoreline
Hearings Board
Planning
NG
Q: \CODEAMND\AttachmentA.doc
Page 8
04/21/2005
Sensitive Areas
(except Reasonable Use
Exception) (TMC
18.45.125)
Special Permission Parking,
and Shared, Covenant or
Complimentary
Modifications to Certain
Parking Standards (TMC
18.56.0650 and .070)
Parking standard for use not
Specified (TMC 18.56.100)
Code Interpretation
(TMC 18.90.010)
Special Permission Sign,
except "unique sign"
(various sections of TMC
Title 19)
Sign Permit Denial
( TMC Chapter 19.12.020)
Sign Area Increase
(TMC 19.32.140)
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
D. Type 3 decisions are quasi-judicial decisions
made by the Hearing Examiner following an open
record hearing. Type 3 decisions may be appealed only
to Superior Court, except for shoreline variances that
may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90.58.
Commission
City Council
City Council
Hearing
Examiner
Planning
Commission
Planning
Commission
Planning
Commission
NG
Q: \C O DEA MN D\AttachmentA. doc
Page 9
04/21/2005
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline,
sidewalk, land alteration, sign)
Hearing Examiner
Resolve uncertain zone
district boundary
Hearing Examiner
TYPE 3 DECISIONS
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
NG
Q: \CODEAMND\AttachmentA.doc
Page 10
04/21/2005
Conditional Use Permit
(TMC Chapter 18.64)
Planning
Commission
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 17.142.020)
City Council
Subdivision - Final Plat
(TMC 17.142.030)
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
18.104.130 Time Periods for Permit Issuance
A. Final decisions by the City on all permits shall be issued within 120 days from the
date the applicant is notified by the Department that the application is complete. The
following periods shall be excluded from this 120 -day period:
1. Any period of time during which the applicant has been requested by any City
department, agency or hearing body with jurisdiction over some aspect of the
application to correct plans, perform required studies, or provide additional
information.
The period shall be calculated from the date the applicant is notified of the need for
additional information until the earlier of (a) the date the department, agency or
hearing body determines whether the additional information satisfies the request, or
(b) 14 days after the date the information has been provided to the department,
agency or hearing body. If the department,agency or hearing body determines that
Expiration of Inactive Permits
Currently if an applicant for a land use permit
does not resubmit in response to a Notice of
Incomplete Application within 90 days the
Department can close the permit. The
proposed change would extend that ability to
close an inactive permit to include
applications that have been declared
complete.
NG
Q: \CODEAMND\AttachmentA.doc
Page 11
04/21/2005
the action by the applicant is insufficient, it shall notify the applicant of the
deficiencies and the procedures of this section shall apply as if a new request for
information had been made.
If the applicant fails to provide a requested correction or additional information
within 90 days of the request the Department may cancel the application due to
inactivity.
2. The period of time during which an environmental impact statement is being
prepared following a determination of significance pursuant to RCW 43.21C.
3. A period of no more than 90 days for an open record appeal hearing on a Type 2
land use decision, and no more than 60 days for a closed record appeal on a Type 4
land use decision appealable to the City Council.
4. Any additional time period for administrative review agreed upon by the
Department
and the applicant.
5. Any additional time period agreed upon by the Department, the applicant and any
parties to an appeal.
6. Any period of time during which an applicant fails to post the property, if permit
processing is suspended by the Department pursuant to TMC 18.104.110.
B. The time limits established in this section shall not apply if a project permit
application requires an amendment to the comprehensive plan or a development
regulation.
C. The time limitations established in this section shall not apply to street vacations or
other approvals related to the use of public areas or facilities issued pursuant to TMC
Title 11.
D. If a final decision cannot be issued within the time limits established by this section,
the Department shall provide written notice of this fact to the project applicant. The
notice shall include a statement of reasons why the time limits have not been met and an
estimated date for issuance of the notice of final decision.
NG
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Page 12
04/21/2005
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128.10 ' Avenue SW • PO Box 42525 • Olympia, Washington 98504.2525 • (360) 7254000
November 8, 2005
Nora Gierloff
Planning Supervisor
City of Tukwila
6300 Southcenter Boulevard Suite 100
Tukwila, Washington 98188
Dear Ms. Gierloff:
Thank you for sending the Washington State Department of Community, Trade and Economic Development
(CTED) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation
that you have met this procedural requirement.
City of Tukwila - Adopted amendments related to manufactured housing, design standards, permit
processing procedures, permitted uses, mobile /manufactured homes, and housekeeping
amendments. Ordinances 2097 and 2098. These materials were received on 11/08/2005 and
processed with the Material ID # 9717.
We have forwarded a copy of this notice to other state agencies. If this is a draft amendment, adopted
amendments should be sent to CTED within ten days of adoption and to any other state agencies who
commented on the draft.
If you have any questions, please call me at (360) 725 -3056.
Sincerely,
Weyk
>
Ike Nwankwo
Technical & Financial Assistance Manager
Growth Management Services
Enclosure
RECEIVED
NOV 10 2005
COMMUNITY
DEVELOPMENT
SIGNED:
CC:
•
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard
Tukwila, WA 98188-2599
(206) 431-3670
Fax: (206) 431-3665
To:6y7y.,-11.4 Jul 6eruize DATE:
oe
ADDRESS: 1 X 1 1 2.6 REGARDING: - 1c—e_. , 1 d cAd
• q° ( a SIA vt.re
ATTENTION: O pr 1,..t 4 98s cx4
A 4--t-A. 6 ki 44) 0
WE ARE SENDING YOU THE FOLLOWING
Attached ID Under separate cover
O r6._ ("1
TITLE: e—PICk..t".in. j-Vk
•
LETTER
•TRANSMI
COMMENTS:
COPIES DESCRIPTION THESE ARE TRANSMITTED
Orck (9476' 7 For approval • •
Ore.( oci f El For review and comment :
, .
For your use and information
El As requested
12 Other
City of Tukwila
Deparlrnent of CommunityDevelopment Steve Lancaster Director
Mayor Mullet
City Council
FROM Steve Lancaster DCD Director
RE Proposed Code Amendments
DATE August 10, 2005
BACKGROUND
NG
Q:\CODEAMND\8-15CC.DOC
•
MEMORANDUM
On March 10 Staff p "re "sented a group of Zoning Code amendments to the CAP. The topics
ranged from minor housekeeping or clarification to policy decisions about allowed uses and
development standards. Staff translated the'Comm ;policy direction into code language
and presented it to the Planning Commission `at apublic hearing on April n
The PC endorsed the CAP'S recommendations for all item except the new single family design
standards. The PC did not want to require that all new single- family houses have an attached
garage, front door that faced the street or a minimum roof pitch of 5:12. They did support a
minimum roof pitch requirement of 3:12, with an exception process through the DCD Director
for flat roofs 'on' architecturally designed houses,
The PC recommendation was presented to CAP on May 24 The Committee decided to
reinstate their original design standards however they wanted allow detached garages for alley
accessed lots only. The ;proposal was then presented to the COW on June 13 No public
comments were received at the public hearing on July 18 however the Council opted to further
modify the single family, Standards: Their recommendations were:
a) A One car Or larger garage (can be attached ' Or detached);
b) A front door facing the front yard setback for lots 40 feet or wider;
c) ,A minimum roof pitch (4'5:12,
Staff modified the ordinances to reflect "these changes and brought them back to Council on
August 1 'Council adopted the larger ordinance covering all items except manufactured
housing and continued to discuss the , policy issues around single family design standards. Staff
has modified the ordinance at Attachment A to include an exemption process from the
requirement that the front door face the front or second front yard, require either a carport or
garage and add the housing standard exemption as a Type 2 permit in the table at 18.104.010.
We believe the Only outstanding issue upon which'Counci'l has not reached consensus is whether
a; garage or carport (should be required for all new single'fam'ily homes. The attached "ordinance
08/0972005 1 0U8 AM
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila Washington 98188 • Phone: 206 -43.1 =3670 • Fax. 206- 431 -3665
includes this requirement. Council will need to decide whether to keep or eliminate this new
standard. Houses are currently required to provide two off - street parking spaces (in a garage,
carport, driveway or other paved surface) and that would not be changed by this ordinance.
REQUESTED ACTION
Review and adopt the draft ordinance, with or without the garage /carport requirement.
NG
Q: \CODEAMND \8 - 15CC.DOC
• •
- 2 - 08/09/2005 10:28 AM
• •
(REVISED)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING ORDINANCE
NOS. 1758, 1819 AND 1976 AND CHAPTERS 18.06, 18.50
AND 18.70 OF THE TUKWILA MUNICIPAL CODE, TO
ALLOW MANUFACTURED HOUSING ANYWHERE
SINGLE - FAMILY DWELLINGS ARE PERMITTED AND TO
IMPOSE DESIGN STANDARDS ON ALL SINGLE - FAMILY
DWELLINGS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations should regularly be reviewed and
updated as appropriate; and
WHEREAS, under new State regulations manufactured and modular homes must
be regulated similarly to stick built dwellings; and
WHEREAS, design standards for single - family dwellings will help to preserve
neighborhood quality; and
WHEREAS, the City of Tukwila Planning Commission held a public hearing on the
proposed amendments on April 28 and has recommended the adoption of certain
Zoning Code changes; and
WHEREAS, the City Council held a public hearing on the proposed amendments
July 18, 2005, after proper notice; and
WHEREAS, the City Council, after having received and studied staff analysis and
comments from members of the public, believes that certain amendments to the City's
development regulations are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1976 §5 and Ordinance 1758 §1 (part), as codified at TMC
Chapter 18.06.255, are hereby amended to read as follows:
18.06.255 Dwelling, Single - Family
ATTACHMENT A
"Single- family dwelling" means a building, modular home, or new manufactured
home, designed to contain no more than one dwelling unit plus one accessory dwelling
unit.
Section 2. Supplemental Development Standards, TMC Chapter 18.50, is hereby
amended to add the following section:
Mobile Homes NG/kn 8/11/2005 Page 1 of 6
18.50.050 Single - Family Dwelling Design Standards
All new single - family dwellings, except those that are part of an approved Housing
Options Demonstration Program, constructed under building permits submitted to the
City after August 19, 2005, must:
1. be set upon a permanent foundation with the space from the bottom of the
home to the ground enclosed by concrete or an approved concrete product that can be
either load bearing or decorative;
2. if a manufactured home, be comprised of at least two fully- enclosed parallel
sections, each of not less than 12 feet wide by 36 feet long;
4. have exterior siding that is residential in appearance including, but not
limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber -
cement siding, wood - composite panels, aluminum siding or similar materials.
Materials such as smooth, ribbed or corrugated metal or plastic panels are not
acceptable;
5. have the front door facing the front or second front yard, if the lot is at least
40 feet wide;
6. have a roofing material that is residential in appearance including, but not
limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles
or tile, with a minimum roof pitch of 5:12; and
Section 3. Supplemental Development Standards, TMC Chapter 18.50, is hereby
amended to add the following section:
18.50.055 Single Family Design Standard Exceptions
The design standards required at 18.50.050 (5) and (6) may be modified by the
DCD Director as a Type 2 Special Permission decision.
a. The proposed roof pitch is consistent with the style of the house (for
example modern, southwestern);
height;
• •
3. be thermally equivalent to the State's energy code;
7. have a one -car or larger garage or carport.
1. The criteria for approval of a roof pitch flatter than 5:12 are as follows:
b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in
c. If a sloped roof is proposed, it must have at least 24 -inch eaves; and
d. The house exhibits a high degree of design quality, including a mix of
exterior materials, detailing, articulation and modulation.
2. The criteria for approval of a house with a front door that faces the side or
rear yard are as follows:
a. The topography of the lot is such that pedestrian access is safer or
more convenient from the side or rear yard;
Mobile Homes NG/kn 8/11/2005 Page 2 of 6
TYPE OF PERMIT
DECISION MAKER
Development Permit
Building Official
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
Boundary Line Adjustment, including
Lot Consolidation
(TMC 17.08)
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
setback;
• •
b. The house will be set back at least twice the minimum front yard
c. The entrance is oriented to take advantage of a site condition such as a
significant view; or
d. The entry feature is integral to a unique architectural design.
Section 4. Ordinance 2097 622, Ordinance 2066 §2, Ordinance 2005 §20, Ordinance
1857 §7, Ordinance 1847 $2, Ordinance 1796 g3, Ordinance 1768 §2 (part), as codified
at Section 18.104.010 of the Tukwila Municipal Code, are hereby amended to read as
follows:
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five different types are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and /or a public hearing is required
before a decision is made, and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical
expertise as designated by ordinance. Type 1 decisions may be appealed to the Hearing
Examiner who will hold a closed record appeal hearing based on the information
presented to the City administrator who made the decision. Public notice is not
required for Type 1 decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
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.
Mobile Homes NG /kn 8/12/2005 Page 3 of 6
TYPE OF PERMIT
INITIAL
DECISION MAKER
APPEAL BODY
(open record appeal)
Administrative Design Review
(TMC 18.60.030)
Community
Development Director
Board of
Architectural Review
Administrative Planned
Residential Development
(TMC 18.46)
Short Plat Committee
Hearing Examiner
Short Plat
(TMC 17.12)
Short Plat Committee
Hearing Examiner
Binding Site Improvement
Plan
(TMC Chap. 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)
Community
Development Director
Planning Commission
Special Permission Parking,
and Shared, Covenant or
Complimentary Parking
(TMC 18.56.065 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 Chapter 19.12.020)
Community
Development Director
Planning Commission
Sign Area Increase
(TMC 19.32.140)
Community
Development Director
Planning Commission
Exception from Single Family
Community
Planning Commission
Design Standard
Development Director
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline,
sidewalk, land alteration, sign)
Hearing Examiner
Resolve uncertain zone district
boundary
Hearing Examiner
TYPE 2 DECISIONS
D. Type 3 decisions are quasi - judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior
Court, except for shoreline variances that may be appealed to the State Shoreline
Hearings Board pursuant to RCW 90.58.
TYPE 3 DECISIONS
Mobile Homes NG /kn 8/12/2005 Page 4 of 6
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(closed record appeal)
Shoreline Conditional Use
Permit
(TMC 18.44.050)
Planning
Commission
State Shoreline
Hearings Board
Reasonable Use Exceptions
under Sensitive Areas
Ordinance
(TMC 18.45.180)
Planning
Commission
City Council
Public Hearing Design
Review
(TMC Chapter 18.60,
18.56.040 and Shoreline
Master Program)
Board of
Architectural
Review
City Council
Variance from Parking
Standards Over 10%
(TMC 18.56.140)
Planning
Commission
City Council
Modification or Waiver to
Loading Zone or Bicycle
Parking Requirements
(TMC 18.56.060 or .130)
Planning
Commission
City Council
Conditional Use Permit
(TMC Chapter 18.64)
Planning
Commission
City Council
Unique Signs
1 (TMC 19.28.010)
Planning
Commission
City Council
1 TYPE OF PERMIT
DECISION MAKER
Subdivision - Preliminary Plat
(TMC 17.14.020)
City Council
Subdivision - Final Plat
(TMC 17.14.030)
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
Sensitive Area Master Plan Overlay
(TMC 18.45.160)
City Council
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
TYPE 4 DECISIONS
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.
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
Mobile Homes NG /kn 8/11/2005
Page 5 of 6
Section 5. Ordinance 1819 §1 (part), as codified at TMC Chapter 18.70.055 (Mobile
and Manufactured Homes), is hereby deleted in its entirety.
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 five 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 , 2005.
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
• •
Mobile Homes NG /kn 8/11/2005 Page 6 of 6
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
STATE AGENCIES REVIEWING DEV REGS
Revised August 9, 2005
Cities and counties need to send their development regulations to the agencies'
representatives, as listed below, at least 60 days ahead of adoption. Adopted development
regulations should be sent to Washington State Department of Community, Trade and
Economic Development (CTED) immediately upon publication, as well as to any state
agencies that commented on the draft regulation. A jurisdiction does not need to send its
regulation to the agencies which have been called ahead and that have indicated the local
plan will not be reviewed. The jurisdiction should keep a record of this contact with state
agencies and the state agencies response.
Elizabeth McNagny
Department of Social and Health Services
Post Office Box 45848
Olympia, Washington 98504 -5848
(360) 902 -8164 Fax: 902 -7889
Email: mcnagec @dshs.wa.gov
Steve Penland
Department of Fish and Wildlife
Post Office Box 43155
Olympia, Washington 98504 -3155
(360) 902 -2598 Fax: (360) 902 -2946
Email: penlastp @dfw.wa.gov
Review Team
Department of Community, Trade and
Economic Development
Growth Management Services
Post Office Box 42525
Olympia, Washington 98504 -2525
(360) 725 -3000 Fax: (360) 753 -2950
Email: reviewteam @cted.wa.gov
Anne Sharar
Department of Natural Resources
Post Office Box 47001
Olympia, Washington 98504 -7001
(360) 902 -1739 Fax: (360) 902 -1776
Email: anne.sharar @wadnr.gov
John Aden
Department of Health
Division of Drinking Water
Post Office Box 47822
Olympia, Washington 98504 -7822
(360) 236 -3157 Fax: (360) 236 -2252
Email: John.Aden @doh.wa.gov
SEPA /GMA Coordinator
Department of Ecology
Post Office Box 47600
Olympia, Washington 98504 -7600
(360) 407 -6960 Fax: (360) 407 -6904
Email: gmacoordination @ecy.wa.gov
Harriet Beale
Puget Sound Water Quality Action Team
Post Office Box 40900
Olympia, Washington 98504 -0900
(360) 725 -5442 Fax: (360) 407 -7333
Email: hbeale @psat.wa.gov
Bill Wiebe
Department of Transportation
Post Office Box 47300
Olympia, 'Washington 98504 -7370
(360) 705 -7965 Fax: 705 -6813
Email: wiebeb @wsdot.wa.gov
Rebecca Barney
Department of Corrections
Post Office Box 41112
Olympia, Washington 98504-1112
(360) 753 -3973 Fax: (360) 586 -8723
Email: rmbarney @doc1.wa.gov
S: \Gmu \ADMIN \Lists \State Agencies Reviewing Dev Regs 8- 05.doc
Maintained by Linda Weyl
.Mayor Mullet
City Council
FROM Steve Lancaster, DCD Director
RE: Proposed Code -Amendments
DATE: July 27 `2005
T
BACKGROUND
City of Tukwila
Depamnent of Community Development Steve Lancaster, Director
MEMORANDUM
On March 10` Staff presented a group of Zoning Code amendments to the CAP. The topics
ranged from minor housekeeping or clarification to policy decisions about allowed uses and
development standards. The Committee chose a preferred option for each topic. Staff then
worked to translate this policy direction into code language and presented it to the 'PhiThii g
Commission'at a public hearing on April 28
The Planning Commission endorsed the CAP'S recommendations for all items except the new
design standards to apply to all single family houses, including manufactured homes. The
Commission did not want to require that! all new single- family houses have an attached garage,
front door that faced the street or a minimum roof pitch of 5:12. They did support a minimum
roof pitch requirement of 3:12, with an exception process through the DCD Director for flat
roofs on architecturally designed houses.
The PC recommendation was presented to CAP on May 24` The Committee decided to
reinstate their original design standards, however they wanted allow detached garages for alley
accessed lots only. The proposal was then presented to the COW on June 13` They discussed
the single family design standards and set a public hearing for July 18` No public comments
were received at that hearing, however the Council opted to further modify the single family
standards: Their recommendations were:
a) A one car or larger garage (can be attached or detached);
b) A front door facing the front yard setback for lots 40 feet or wider;
1c) A minimum roof pitch of,5: 42.
The ordinances have been modified to reflect these changes.
REQUESTED ACTION
Review and adopt the draft ordinances.
NG I 07/27/2005 8:48 AM
Q: \CODEAMND \8- ICC:DOC
Steven M- Mullet, Mayor
6300 -- Southcenter Boulevard Suite #100 Tukwila Wash'ingto"n 98 188 0 Phone: 2'06 - 431 -3670 ,Fax: 206=431 =3665
•
D
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING ORDINANCE
NOS. 1758, 1819 AND 1976 AND CHAPTERS 18.06, 18.50
AND 18.70 OF THE TUKWILA MUNICIPAL CODE, TO
ALLOW MANUFACTURED HOUSING ANYWHERE
SINGLE - FAMILY DWELLINGS ARE PERMITTED AND TO
IMPOSE DESIGN STANDARDS ON ALL SINGLE - FAMILY
DWELLINGS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations should regularly be reviewed and
updated as appropriate; and
WHEREAS, under new State regulations manufactured and modular homes must
be regulated similarly to stick built dwellings; and
WHEREAS, design standards for single - family dwellings will help to preserve
neighborhood quality; and
WHEREAS, the City of Tukwila Planning Commission held a public hearing on the
proposed amendments on April 28 and has recommended the adoption of certain
Zoning Code changes; and
WHEREAS, the City Council held a public hearing on the proposed amendments
July 18, 2005, after proper notice; and
WHEREAS, the City Council, after having received and studied staff analysis and
comments from members of the public, believes that certain amendments to the City's
development regulations are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1976 §5 and Ordinance 1758 §1 (part), as codified at TMC
Chapter 18.06.255, are hereby amended to read as follows:
18.06.255 Dwelling, Single - Family
"Single - family dwelling" means a building, modular home, or new manufactured
home, designed to contain no more than one dwelling unit plus one accessory dwelling
unit.
Mobile Homes NG/kn 7/29/2005 Page 1 of 1
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Section 2. Supplemental Development Standards, TMC Chapter 18.50, is hereby
amended to add the following section:
18.50.050 Single - Family Dwelling Design Standards
All new single - family dwellings, except those that are part of an approved Housing
Options Demonstration Program, constructed under building permits submitted to the
City after August 1, 2005, must:
1. be set upon a permanent foundation with the space from the bottom of the home
to the ground enclosed by concrete or an approved concrete product that can be either
load bearing or decorative;
2. if a manufactured home, be comprised of at least two fully - enclosed parallel
sections, each of not less than 12 feet wide by 36 feet long;
3. be thermally equivalent to the State's energy code;
4. have a one -car or larger garage;
5. have the front door facing the front or second front yard, if the lot is at least 40
feet wide;
6. have a roofing material that is residential in appearance including, but not
limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles
or tile, with a minimum roof pitch of 5:12; and
7. have exterior siding that is residential in appearance including, but not limited
to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber - cement
siding, wood- composite panels, aluminum siding or similar materials. Materials such
as smooth, ribbed or corrugated metal or plastic panels are not acceptable.
Section 3. Supplemental Development Standards, TMC Chapter 18.50, is hereby
amended to add the following section:
18.50.055 Exception to Minimum Roof Pitch Requirement
The minimum roof pitch of 5:12 required by 18.50.050 may be modified by the DCD
Director as part of a Type 2 Special Permission application. The criteria for approval of
the modification are as follows:
1. The proposed roof pitch is consistent with the style of the house (for example
modern, southwestern).
2. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height.
3. If a sloped roof is proposed, it must have at least 24 -inch eaves.
4. The house exhibits a high degree of design quality, including a mix of exterior
materials, detailing, articulation and modulation.
Section 4. Ordinance 1819 §1 (part), as codified at TMC Chapter 18.70.055 (Mobile
and Manufactured Homes), is hereby deleted in its entirety.
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Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2005.
A 1 EST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Mobile Homes NG/kn 7/29/2005 Page 3 of 3
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
D
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS.
1758, 1768, 1770, 1774, 1796, 1814, 1816, 1830, 1847, 1857, 1865, 1954,
1971, 1974, 1976, 1986, 1991, 2005, 2021, 2066 AND 2084 AND
CHAPTERS 18.06, 18.12, 18.14, 18.16, 18.18, 18.20, 18.22, 18.26, 18.28,
18.40, 18.46, 18.70 AND 18.104 OF THE TUKWILA MUNICIPAL
CODE, TO CLARIFY AND UPDATE ZONING CODE
PROVISIONS DEFINING MANUFACTURED HOUSING, LOT,
SITE AND USE, DISALLOWING RESIDENTIAL PLATS IN
COMMERCIAL ZONES, DEREGULATING CONDOMINIUM
CONVERSIONS, ADDING AN EXPIRATION DEADLINE FOR
INACTIVE PERMITS, ALLOWING KENNELS AS CONDITIONAL
USES IN TUC, PROVIDING FOR ADMINISTRATIVE PLANNED
RESIDENTIAL DEVELOPMENTS AND CORRECTING CODE
CITATIONS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations should regularly be reviewed
and updated as appropriate; and
WHEREAS, the City recognizes that its definitions for "manufactured homes ",
"mobile homes ", "lot" and "site" no longer correspond with State regulations; and
WHEREAS, residential short plats are not consistent with the intent of
commercial zones; and
WHEREAS, condominium conversions are sufficiently regulated by State law
and building codes so an unclassified use permit does not provide any additional
benefit; and
WHEREAS, permit processing efficiency would be improved by a mechanism to
expire inactive permit applications; and
and
WHEREAS, an administrative process for planned residential developments
should be allowed for short plats and boundary line adjustments; and
and
WHEREAS, indoor kennels are an appropriate use in the Tukwila Urban Center;
WHEREAS, the current definition of "use" is unclear and should be updated;
WHEREAS, there are several outdated or incorrect citations in the code that
should be corrected; and
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• s
WHEREAS, the City of Tukwila Planning Commission held a public hearing on
the proposed amendments on April 28 and has recommended the adoption of certain
Zoning Code changes; and
WHEREAS, the City Council held a public hearing on the proposed amendments
July 18, 2005, after proper notice; and
WHEREAS, the City Council, after having received and studied staff analysis
and comments from members of the public, believes that certain amendments to the
City's development regulations are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1758 §1 (part), as codified at TMC Chapter 18.06.245, is
hereby amended to read as follows:
18.06.245 Dwelling, Manufactured Home
"Manufactured home dwelling" means a single - family dwelling required to be built
in accordance with the regulations adopted under the national manufactured
housing construction and safety standards act of 1974.
Section 2. "Mobile Home" Defined. TMC Chapter 18.06, Definitions, is hereby
amended to add the following section:
18.06.247 Dwelling, Mobile Home
"Dwelling, Mobile Home" means a factory -built dwelling constructed before
June 15, 1976, to standards other than the National Manufactured Housing Construction
and Safety Standards Act of 1974 and acceptable under applicable State codes in effect
at the time of construction or introduction of the home into this state.
Section 3. Ordinance 1758 §1 (part), as codified at TMC Chapter 18.06.500, is
hereby amended to read as follows:
18.06.500 Lot
A. "Lot" means a physically separate and distinct parcel of property which:
1. was created by plat, short plat, or binding site plan; or
2. was bought or sold as separately owned parcel of property prior to the
requirement that lots be created by plat, short plat, or binding site plan; or
3. was created by a transaction which was exempt from the requirement
that lots be created by plat, short plat or binding site plan.
B. "Lots" may be bought or sold as separate parcels of property, but the fact that
a parcel of property is defined as a "lot" does not necessarily mean that it may
developed as a separate building site.
Section 4. "New Manufactured Home" Defined. TMC Chapter 18.06,
Definitions, is hereby amended to add the following section:
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18.06.587 New manufactured home
New manufactured home" means any manufactured home required to be titled under
Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a
"used mobile home" as defined in RCW 82.45.032(2).
Section 5. Ordinance 1758 §1 (part), as codified at TMC Chapter 18.06.780, is
hereby amended to read as follows:
18.06.780 Site
"Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are
proposed as the location for a development, as defined in TMC 18.06.210, or for some
other activity which requires a permit or approval pursuant to TMC titles 16,17 or 18.
Section 6. Ordinance 1758 §1 (part), as codified at TMC Chapter 18.06.865, is
hereby amended to read as follows:
TMC 18.06.865 Use
"Use" means the nature of the activities taking place on private property or within
structures thereon.
Section 7. Ordinance 1865 §10, Ordinance 1816 §1, and Ordinance 1758 §1 (part),
as codified at Section 18.12.050 of the Tukwila Municipal Code (Medium Density
Residential), Unclassified Uses, are hereby amended to read as follows:
18.12.050 Unclassified Uses
The following uses may be allowed within the Medium Density Residential district,
subject to the requirements, procedures and conditions established by TMC Chapter
18.66, Unclassified Use Permits:
1. Landfills and excavations that the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental actions.
2. Neighborhood stormwater detention and treatment facilities.
3. Stormwater pump stations.
4. Water utility reservoirs and related facilities.
5. Sewage lift stations.
6. Water pump stations.
7. Mass transit facilities.
8. Other uses not specifically listed in this Title, which the Director
determines to be:
a. Similar in nature to other uses allowed through the unclassified use
permit;
Section 8. Ordinance 1865 §14, Ordinance 1816 §1, and Ordinance 1758 §1 (part),
as codified at Section 18.14.050 of the Tukwila Municipal Code (High Density
Residential), Unclassified Uses, are hereby amended to read as follows:
18.14.050 Unclassified Uses
b. Consistent with the stated purpose of the district;
c. Consistent with the policies of the Tukwila Comprehensive Plan.
The following uses may be allowed within the High Density Residential district, subject
to the requirements, procedures and conditions established by TMC Chapter 18.66,
Unclassified Use Permits:
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1. Landfills and excavations that the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental actions.
2. Neighborhood stormwater detention and treatment facilities.
3. Stormwater pump stations.
4. Water utility reservoirs and related facilities.
5. Sewage lift stations.
6. Water pump stations.
7. Mass transit facilities.
8. Other uses not specifically listed in this Title, which the Director
determines to be:
a. Similar in nature to other uses allowed through the unclassified use
permit;
b. Consistent with the stated purpose of the district;
c. Consistent with the policies of the Tukwila Comprehensive Plan.
Section 9. Ordinance 1986 §5, Ordinance 1976 §28, Ordinance 1971 §7,
Ordinance 1830 §5, Ordinance 1814 §2, and Ordinance 1758 §1 (part), as codified at
Section 18.16.020 of the Tukwila Municipal Code (Mixed -Use Office), Permitted Uses,
are hereby amended to read as follows:
18.16.020 Permitted Uses
The following uses are permitted outright within the Mixed -Use Office district, subject
to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding;
access to an arterial required.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Billiard or pool rooms.
5. Brew pubs.
6. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or
commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective
visual screening from adjacent streets.
7. Computer software development and similar uses.
8. Convalescent and nursing homes for not more than 12 patients.
9. Day care centers.
10. Dwelling - One detached single - family dwelling per existing lot.
11. Dwelling - Multi- family units above office and retail uses.
12. Dwelling - Senior citizen housing as a free - standing use subject to
additional requirements.
13. Financial, banking, mortgage, and other services.
14. Fraternal organizations.
15. Laundries:
a. self service
b. dry - cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Medical and dental laboratories.
18. Offices, when such offices occupy no more than the first two stories of
the building or basement and floor above, including:
a. medical
b. dental
c. government; excluding fire and police stations
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d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
19. Outpatient, inpatient, and emergency medical and dental commercial
20. Public parks, trails, picnic areas and play - grounds but not including
amusement parks, golf courses, or commercial recreation.
21. Recreation facilities (commercial - indoor), athletic or health clubs.
22. Restaurants, including cocktail lounges in conjunction with a restaurant.
23. Retail sales of health and beauty aids, prescription drugs, food,
hardware, notions, crafts and craft supplies,,. housewares, consumer electronics, photo
equipment and film processing, books, magazines, stationery, clothing, shoes, 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.
services.
Section 10. Ordinance 1865 §17, Ordinance 1816 §1, and Ordinance 1758 §1 (part),
as codified at Section 18.16.050 of the Tukwila Municipal Code (Mixed -Use Office),
Unclassified Uses, are hereby amended to read as follows:
18.16.050 Unclassified Uses
The following uses may be allowed within the Mixed -Use Office district, subject to the
requirements, procedures and conditions established by TMC Chapter 18.66,
Unclassified Use Permits:
1. Landfills and excavations that the responsible official, acting pursuant to
the State Environmental Policy Act, determines are significant environmental actions.
2. Neighborhood stormwater detention and treatment facilities.
3. Stormwater pump stations.
4. Water utility reservoirs and related facilities.
5. Sewage lift stations.
6. Water pump stations.
7. Mass transit facilities.
8. Other uses not specifically listed in this Title, which the Director
determines to be:
permit;
a.
b.
c.
Similar in nature to other uses allowed through the unclassified use
Consistent with the stated purpose of the district;
Consistent with the policies of the Tukwila Comprehensive Plan.
Section 11. Ordinance 1986 §6, Ordinance 1976 §31, Ordinance 1971 §8, Ordinance
1830 §8, Ordinance 1814 §2 (part), and Ordinance 1758 §1 (part), as codified at Section
18.18.020 of the Tukwila Municipal Code (Office), Permitted Uses, are hereby amended
to read as follows:
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18.18.020 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. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail
or commercial activities and designed such that the pedestrian and commercial
environments are not negatively impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a
building that, combined with appropriate Type III landscaping, provides effective
visual screening from adjacent streets.
6. Convalescent and nursing homes for not more than 12 patients.
7. Day care centers.
8. Dwelling - One detached single - family dwelling per existing lot.
9. Financial, banking, mortgage, other services.
10. Fraternal organizations.
11. Laundries:
a. self service
b. dry- cleaning
c. tailor, dyeing
12. Libraries, museums or art galleries (public).
13. Medical and dental laboratories.
14. Offices, including:
a. medical
b. dental
c. government; excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
15. Outpatient, inpatient, and emergency medical and dental commercial
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.
services.
Section 12. Ordinance 1986 §6, Ordinance 1976 §31, Ordinance 1971 §8, Ordinance
1830 §8, Ordinance 1814 §2 (part), and Ordinance 1758 §1 (part), as Section 18.20.020 of
the Tukwila Municipal Code (Residential Commercial Center), Permitted Uses, are
hereby amended to read as follows:
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18.20.020 Permitted Uses
The following uses are permitted outright within the Residential Commercial Center
district, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding;
access to an 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 existing lot.
7. Dwelling - Multi- family units above office and retail uses.
8. Fix -it, radio or television repair shops/ rental shops.
9. Greenhouses or nurseries (commercial).
10. Laundries:
a. self service;
b. dry cleaning;
c. tailor, dyeing.
11. Offices, when such offices occupy no more than the first 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.
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 13. Ordinance 1976 §40, Ordinance 1954 §1, Ordinance 1830 §11,
Ordinance 1814 §2 (part), and Ordinance 1758 §1 (part), as codified at Section 18.22.020
of the Tukwila Municipal Code (Neighborhood Commercial Center), Permitted Uses,
are hereby amended to read as follows:
18.22.020 Permitted Uses
The following uses are permitted outright within the Neighborhood Commercial Center
district, subject to compliance with all other applicable requirements of the Tukwila
Municipal Code.
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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 existing lot.
13. Dwelling - Multi- family units above office, and retail uses.
14. Financial:
a. banking;
b. mortgage;
c. other services.
15. Fix-it, radio or television repair shops/ rental shops.
16. Fraternal organizations.
17. Frozen food lockers for individual or family use.
18. Greenhouses or nurseries (commercial).
19. Laundries:
a. self -serve;
b. dry cleaning;
c. tailor, dyeing.
20. Libraries, museums or art galleries (public).
21. Offices, when such offices occupy no more than the first 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.
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• •
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 14. Ordinance 1991 §3, Ordinance 1976 §48, Ordinance 1865 §33,
Ordinance 1816 §1, and Ordinance 1758 §1 (part), as codified at Section 18.26.050 of the
Tukwila Municipal Code (Regional Commercial Mixed -Use), Unclassified Uses, are
hereby amended to read as follows:
18.26.050 Unclassified Uses
The following uses may be allowed within the Regional Commercial Mixed Use district,
subject to the requirements, procedures and conditions established by TMC Chapter
18.66.
1. Essential public facilities, except those uses listed separately in any of
the districts established by this title.
2. Hydroelectric and private utility power generating plants.
3. Landfills and excavations which the responsible official, acting pursuant
to the State Environmental Policy Act, determines are significant environmental actions.
4. Mass transit facilities.
Section 15. Ordinance 2084 §2, Ordinance 1865 §34, Ordinance 1830 §21 and
Ordinance 1758 §1 (part), as codified at Section 18.28.040 of the Tukwila Municipal
Code (Tukwila Urban Center), Conditional Uses, are hereby amended to read as
follows:
18.28.040 Conditional Uses
The following uses may be allowed within the Tukwila Urban Center district, subject to
the requirements, procedures, and conditions established by the Conditional Use
Permits chapter of this title.
1. Amusement parks.
2. Bed - and - Breakfast lodging; must be located on property adjacent to and
not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond.
Zoning Code amds -8 7 -05 NG/kn 7/29/2005 Page 9 of 19
• •
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling - Multi-family units (max. 22.0 units /acre except senior citizen
housing which is allowed to 100 units /acre, as a mixed -use development that is non-
industrial in nature); must be located on property adjacent to and not greater than 500
feet from the Green River, Tukwila Pond, or Minkler Pond.
8. Indoor animal shelters and kennels, subject to all additional State and local
regulations (less than 4 cats or dogs does not need a permit).
9. Transit- oriented development housing (which is allowed to 65
units /acre as a mixed -use development that is non - industrial in nature); must be
located on property adjacent to and not greater than one - quarter mile from the Sounder
Commuter Rail/ Amtrak Station property.
10. Drive -in theaters.
11. Electrical substations - distribution.
12. Fire and police stations.
13. Hospitals, sanitariums, or similar institutions.
14. Manufacturing, processing and/ or assembling previously prepared
metals including, but not limited to, stamping, dyeing, shearing or punching of metal,
engraving, galvanizing and hand - forging.
15. Park and ride lots.
16. Radios, television, microwave, cellular or observation stations and
towers.
17. Recreation facilities (public) including, but not limited to, sports fields,
community centers, and golf courses.
18. Schools, preschool, elementary, junior or high schools, and equivalent
private schools.
Section 16. Ordinance 1991 §4, Ordinance 1976 §51, Ordinance 1865 §35,
Ordinance 1816 §1, and Ordinance 1758 §1 (part), as codified at Section 18.28.050 of the
Tukwila Municipal Code (Tukwila Urban Center), Unclassified Uses, are hereby
amended to read as follows:
18.28.050 Unclassified Uses
The following uses may be allowed within the Tukwila Urban Center district, subject to
the requirements, procedures and conditions established by TMC Chapter 18.66,
Unclassified Use Permits.
1. Airports, landing fields and heliports (except emergency sites).
2. Essential public facilities, except those uses listed separately in any of
the districts established by this title.
3. Hydroelectric and private utility power generating plants.
4. Landfills and excavations which the responsible official, acting pursuant
to the State Environmental Policy Act, determines are significant environmental actions.
5. Mass transit facilities.
Section 17. Ordinance 2021 §10, Ordinance 1986 §15, Ordinance 1974 §11,
Ordinance 1971 §17, Ordinance 1830 §25, Ordinance 1814 §2, Ordinance 1774 §5, and
Ordinance 1758 §1 (part), as codified at Section 18.40.020 of the Tukwila Municipal
Code (Tukwila Valley South), Permitted Uses, are hereby amended to read as follows:
Zoning Code amds -8 7 -05 NG /kn 7/29/2005 Page 10 of 19
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18.40.020 Permitted Uses
The following uses are permitted outright within the Tukwila Valley South district,
subject to compliance with all other applicable requirements of the Tukwila Municipal
Code.
1. Adult entertainment establishments are permitted, subject to the
following location restrictions:
a. No adult entertainment establishment shall be allowed within
the following distances from the following specified uses, areas or zones, whether
such uses, areas or zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0,
NCC, RC, RCM or TUC zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to
elementary, junior or senior high schools, or any facility owned or operated
by such schools, and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library.
b. The distances specified in TMC 18.40.020.1.a. shall be measured by
following a straight line from the nearest point of the property parcel upon which the
proposed use is to be located, to the nearest point of the parcel of property or land use
district boundary line from which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate
within 1,000 feet of an existing adult entertainment establishment. The distance
specified in this section shall be measured by following a straight line between the
nearest points of public entry into each establishment.
2. Animal veterinary, including associated temporary indoor boarding;
access to an arterial required.
3. Automobile, recreational vehicles or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used
parts allowed.
4. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within a building).
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking
and Loading Regulations."
13. Computer software development and similar uses.
14. Contractor's storage yards.
15. Convalescent and nursing homes for not more than twelve patients.
16. Convention facilities.
17. Day care centers.
18. Dwelling - One detached single - family unit per existing lot (includes
factory built or modular home that meets UBC).
19. Farming and farm - related activities.
Zoning Code amds -8 7 -05 NG /kn 7/29/2005 Page 11 of 19
•
Zoning Code amds -8 7 -05 NG/kn 7/29/2005 Page 12 of 19
20. Financial:
a. banking;
b. mortgage;
c. other services.
21. Fix -it, radio or television repair shops/ rental shops.
22. Fraternal organizations.
23. Frozen food lockers for individual or family use.
24. Greenhouses or nurseries (commercial).
25. Heavy equipment repair and salvage.
26. Hotels.
27. Industries involved with etching, film processing, lithography, printing,
and publishing.
28. Internet data /telecommunication centers.
29. Laundries:
a. self- serve;
b. dry cleaning;
c. tailor, dyeing.
30. Libraries, museums or art galleries (public).
31. Manufacturing, processing and /or packaging of food, including but not
limited to, baked goods, beverages (including fermenting and distilling), candy, canned
or preserved foods, dairy products and byproducts, frozen foods, instant foods and
meats (provided that no slaughtering is permitted).
32. Manufacturing, processing and /or packaging pharmaceuticals and
related products, such as cosmetics and drugs.
33. Manufacturing, processing, and /or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing,
fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood.
34. Manufacturing, processing, assembling, packaging and /or repairing
electronic, mechanical or precision instruments such as medical and dental equipment,
photographic goods, measurement and control devices, and recording equipment.
35. Medical and dental laboratories.
36. Mortician and funeral homes.
37. Motels.
38. Offices, including:
a. medical;
b. dental;
c. government; excluding fire and police stations;
d. professional;
e. administrative;
f. business, such as travel, real estate;
g. commercial.
39. Outpatient, inpatient, and emergency medical and dental.
40. Pawnbrokers.
41. Planned shopping center (mall).
42. Plumbing shops (no tin work or outside storage).
43. Parks, trails, picnic areas and playgrounds (public) but not including
amusement parks, golf courses, or commercial recreation.
44. Railroad tracks, (including lead, spur, loading or storage).
45. Recreation facilities (commercial - indoor), athletic or health clubs.
46. Recreation facilities (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges.
47. Rental of vehicles not requiring a commercial driver's license (including
automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and
certain trucks).
48. Rental of commercial trucks and fleet rentals requiring a commercial
driver's license.
•
49. Restaurants, including:
a. drive - through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
50. 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.
51. Retail sales of furniture, appliances, automobile parts and accessories,
liquor, lumber /building materials, lawn and garden supplies, farm supplies.
52. Sales and rental of heavy machinery and equipment subject to
landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title.
53. Salvage and wrecking operations that are entirely enclosed within a
building.
54. Schools and studios for education or self - improvement.
55. Self- storage facilities.
56. Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened pursuant to the
Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title.
57. Studios - art, photography, music, voice and dance.
58. Taverns, nightclubs.
59. Telephone exchanges.
60. Theaters, excluding "adult entertainment establishments ", as defined by
this Code.
61. Tow truck operations, subject to all additional State and local
regulations.
62. Truck terminals.
63. Warehouse storage and /or wholesale distribution facilities.
64. Other uses not specifically listed in this title, which the Director
determines to be:
a. similar in nature to and compatible with other uses permitted
outright within this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
Section 18. Ordinance 1770 §29 and Ordinance 1758 §1 (part), as codified at
Section 18.46.110 of the Tukwila Municipal Code, are hereby amended to read as
follows:
18.46.110 Application Procedure Required for PRD Approval
A. Filing of Application. Application for approval of the PRD shall be made on
forms prescribed by the DCD and shall be accompanied by a filing fee as required in the
Application Fees chapter of this title and by the following:
1. Justification for the density increases, or lot size and setback reductions,
if requested by the applicant;
2. Program for development including staging or timing of development;
3. Proposed ownership pattern upon completion of the project;
4. Basic content of any restrictive covenants;
5. Provisions to assure permanence and maintenance of common open
space through a homeowners' association, or similar association, condominium
development or other means acceptable to the City;
6. An application for rezone may be submitted with the PRD application if
rezoning is necessary for proposed density. Fees for rezone request shall be in addition
to those of the PRD application;
Zoning Code amds -8 7 -05 NG/kn 7/29/2005 Page 13 of 19
• •
7. An application for preliminary plat may be submitted with the PRD
application, if necessary. Fees for the subdivision shall be in addition to those of the
PRD application;
8. Graphic images of development in any sensitive area or buffer,
including photomontage or computer - generated perspectives in a standardized format
required by the Director;
9. Every reasonable effort shall be made to preserve existing trees and
vegetation and integrate them into the subdivision's design by preparing a tree
inventory of the significant vegetation on -site as part of the preliminary plat
application. A tree and vegetation retention /removal plan shall be part of any
preliminary plat application. Such tree and vegetation retention /removal plan shall
assure the preservation of significant trees and vegetation.
B. City Council Public Hearing.
1. PRD's related to a subdivision or design review permit shall be
processed as Type 5 decisions, pursuant to TMC 18.108.050. PRD's related to short plats,
boundary line adjustments or binding site improvement plans shall be processed as
Type 2 decisions, pursuant to TMC 18.108.020.
2. The PRD shall be an exception to the regulations of the underlying
zoning district. The PRD shall constitute a limitation on the use and design of the site
unless modified by ordinance.
Section 19. Ordinance 1758 §1 (part), as codified at Section 18.46.120 of the
Tukwila Municipal Code, is hereby amended to read as follows:
18.46.120 Application procedures for Building Permit
The following procedures are required for approval of construction for the proposed
planned residential development:
1. Time Limitation. A complete application for the initial building permit
shall be filed by the applicant within twelve months of the date on which the City
Council approved the PRD. An extension of time for submitting an application may be
requested in writing by the applicant, and an extension not exceeding six months may
be granted by the Director. If application for the initial building permit is not made
within twelve months or within the time for which an extension has been granted, the
plan shall be considered abandoned, and the development of the property shall be
subject to the requirements and limitations of the underlying zone and the subdivision
code.
2. Application. Application for building permit shall be made on forms
prescribed by the DCD and shall be accompanied by a fee as prescribed by the building
code.
3. Documentation Required. All schematic plans either presented or required
in the approved PRD plans shall be included in the building permit application
presented in finalized, detailed form. hese plans shall include but are not limited to
landscape, utility, open space, circulation, and site or subdivision plans. Final plats and
public dedication documents must be approved by the City Council before the issuance
of any building permits.
4. Sureties Required for Staging. If the PRD is to be developed in stages,
sureties or other security device as shall be approved by the City Attorney shall be
required for the complete PRD. The various stages or parts of the PRD shall provide the
same proportion of open space and the same overall dwelling unit density as provided
in the final plan.
5. DCD Action. The DCD shall determine whether the project plans
submitted with the building permit are in compliance with and carry out the objectives
of the approved PRD.
Zoning Code amds -8 7 -05 NG/kn 7/29/2005 Page 14 of 19
•
Section 20. Ordinance 1770 §31 and Ordinance 1758 §1 (part), as codified at
Section 18.46.140 of the Tukwila Municipal Code, are hereby amended to read as
follows:
18.46.140 Expiration of Time Limits
Construction of improvements in the PRD shall begin within six months from the date
of the issuance of the building /development permit. An extension of time for
beginning construction may be requested in writing by the applicant, and such
extension not exceeding six months may be granted by the Department upon showing
of good cause. If construction does not occur within 12 months from the date of permit
issuance or if this permit expires the plan shall be considered abandoned, and the
development of the property shall be subject to the requirements and limitations of the
underlying zone and the Subdivision Code.
Section 21. Ordinance 1819 §1 (part), as codified at Section 18.70.030 of the
Tukwila Municipal Code, is hereby completely replaced with the following language:
8.70.030 Substandard Lots
A. A lot, as defined in TMC 18.06.500, which does not meet the minimum
dimensional standards for the zone in which it is located may still be developed as a
separate lot if the proposed use is one which is permitted in the zone and the proposed
development can comply with the requirements of this title regarding basic
development standards for the applicable zone and other applicable land use and
environmental requirements.
B. A lot, as defined in TMC 18.06.500, which cannot meet the basic development
standards for the applicable zone and other applicable land use and environmental
requirements may be developed only if it is combined with adjacent lot(s) in a manner
which allows the combined lots to be developed in a manner which does comply with
the basic development standards for the applicable zone and other applicable land use
and environmental requirements. In the event lots are combined in order to comply
with the requirements of this subsection, a boundary line adjustment shall occur so that
the combined lots are henceforth considered a single lot.
C. Nothing in this subsection shall be deemed to prevent the owner of a sub-
standard lot from applying for or receiving approval of variances pursuant to TMC Ch.
18.72.
Section 22. Ordinance 2066 §2, Ordinance 2005 §20, Ordinance 1857 §7, Ordinance
1847 §2, Ordinance 1796 §3, Ordinance 1768 §2(part), as codified at Section 18.104.010 of
the Tukwila Municipal Code, are hereby amended to read as follows:
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five different types are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and/ or a public hearing is required
before a decision is made, and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical
expertise as designated by ordinance. Type 1 decisions may be appealed to the Hearing
Examiner who will hold a closed record appeal hearing based on the information
presented to the City administrator who made the decision. Public notice is not
required for Type 1 decisions or for the appeals of those decisions.
Zoning Code amds -8 7 -05 NG/kn 7/29/2005 Page 15 of 19
TYPE OF PERMIT
INITIAL
DECISION MAKER
APPEAL BODY
(open record appeal)
Administrative Design Review
(TMC 18.60.030)
Community
Development Director
Board of
Architectural Review
Administrative Planned
Residential Development
(TMC 18.46)
Short Plat Committee
Hearing Examiner
Short Plat
(TMC 17.12)
Short Plat Committee
Hearing Examiner
Binding Site Improvement
Plan
(TMC Chap.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)
Community
Development Director
Planning Commission
Special Permission Parking,
and Shared, Covenant or
Complimentary Parking
(TMC 18.56.065 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
TYPE OF PERMIT
DECISION MAKER
Development Permit
Building Official
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
Boundary Line Adjustment, including
Lot Consolidation (TMC 17.08)
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
•
TYPE 1 DECISIONS
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
Zoning Code amds -8 7 -05 NG /kn 7/29/2005 Page 16 of 19
TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(closed record
a .. eal
Shoreline Conditional
Use Permit
(TMC 18.44.050)
Planning
Commission
State Shorelines
Hearings Board
Reasonable Use
Exceptions under
Sensitive Areas
Ordinance
(TMC 18.45.180)
Planning
Commission
City Council
-
Public Hearing Design
Review (TMC Chapter
18.60, 18.56.040 and
Shoreline Master
Program)
Board of
Architectural
Review
City Council
Variance from Parking
Standards Over 10%
(TMC 18.56.140)
Planning
Commission
City Council
Modification or Waiver
to Loading Zone or
Bicycle Parking
Requirements (TMC
18.56.060 or .130)
Planning
Commission
City Council
Conditional Use Permit
(TMC Chapter 18.64)
Planning
Commission
City Council
Unique Signs
(TMC 19.28.010)
Planning
Commission
City Council
Special Permission Sign,
except "unique sign"
(various sections of
TMC Title 19)
Community
Development Director
Planning Commission
Sign Permit Denial
(TMC Chapter 19.12.020)
Community
Development Director
Planning Commission
Sign Area Increase
(TMC 19.32.140)
Community
Development Director
Planning Commission
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline,
sidewalk, land alteration, sign)
Hearing Examiner
Resolve uncertain zone district
boundary
Hearing Examiner
•
ELISIONS
DECISIONS
Zoning Code ands -8 7 -05 NG/kn 7/29/2005 Page 17 of 19
D. Type 3 decisions are quasi - judicial decisions made by the Hearing
Examiner following an open record hearing. Type 3 decisions may be appealed only to
Superior Court, except for shoreline variances that may be appealed to the State
Shoreline Hearings Board pursuant to RCW 90.58.
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 OF PERMIT
DECISION
MAKER
Subdivision - Preliminary Plat
(TMC 17.14.020)
City Council
Subdivision - Final Plat
(TMC 17.14.030)
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
Sensitive Area Master Plan Overlay
(TMC 18.45.160)
City Council
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
•
TYPE 5 DECISIONS
Zoning Code amds -8 7 -05 NG/kn 7/29/2005 Page 18 of 19
F. Type 5 decisions are quasi - judicial decisions made by the City Council
following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
Section 23. Ordinance 1768 §2(part), as codified at Section 18.104.130 of the
Tukwila Municipal Code, is hereby amended to read as follows:
18.104.130 Time Periods for Permit Issuance
A. Final decisions by the City on all permits shall be issued within 120 days from
the date the applicant is notified by the Department that the application is complete.
The following periods shall be excluded from this 120 -day period:
1. Any period of time during which the applicant has been requested by
any City department, agency or hearing body with jurisdiction over some aspect of the
application to correct plans, perform required studies, or provide additional
information.
The period shall be calculated from the date the applicant is notified of the
need for additional information until the earlier of (a) the date the department, agency
or hearing body determines whether the additional information satisfies the request, or
(b) 14 days after the date the information has been provided to the department, agency
or hearing body. If the department, agency or hearing body determines that the action
by the applicant is insufficient, it shall notify the applicant of the deficiencies and the
procedures of this section shall apply as if a new request for information had been
made.
If the applicant fails to provide a requested correction or additional
information within 90 days of the request the Department may cancel the application
due to inactivity.
2. The period of time during which an environmental impact statement is
being prepared following a determination of significance pursuant to RCW 43.21C.
3. A period of no more than 90 days for an open record appeal hearing on
a Type 2 land use decision, and no more than 60 days for a closed record appeal on a
Type 4 land use decision appealable to the City Council.
4. Any additional time period for administrative review agreed upon by
the Department and the applicant.
5. Any additional time period agreed upon by the Department, the
applicant and any parties to an appeal.
6. Any period of time during which an applicant fails to post the property,
if permit processing is suspended by the Department pursuant to TMC 18.104.110.
• •
B. The time limits established in this section shall not apply if a project permit
application requires an amendment to the comprehensive plan or a development
regulation.
C. The time limitations established in this section shall not apply to street
vacations or other approvals related to the use of public areas or facilities issued
pursuant to TMC Title 11.
D. If a final decision cannot be issued within the time limits established by this
section, the Department shall provide written notice of this fact to the project applicant.
The notice shall include a statement of reasons why the time limits have not been met
and an estimated date for issuance of the notice of final decision.
Section 24. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of 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 25. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
and effect five (5) days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2005.
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Zoning Code amds -8 7 -05 NG /kn 7/29/2005 Page 19 of 19
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
City of Tukwila
Steven M. Mullet, Mayor
Department of Cominunity,Development Steve - Lancaster,- Director
CITY OF TUKWILA
NOTICE OF - PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Tukwila City Council will hold a public hearing on Monday,
July ,18, 2005 beginning at 7 pm. in the Council Chambers at Tukwila City Hall, 6200 Southcenter
Blvd: Tukwila to consideerthe following:
Proposed Zoning Code Changes:
a. Manufactured Homes Allowed with Design Standards
ib. Residential Short Plats Not Allowed in Commercial Zones
c. Condominium Conversions Not Subject to Unclassified Use Permit
d. Expiration of Inactive Permits After 90 Days
e. Kennels as Conditional Uses in the Tukwila Urban Center (TUC)
f. Administrative Planned Residential Development (APRD) Changes
g. Lot of Record Changes
h. Housekeeping — Citations at TMC 18.104.010
Use Definition — TMC 18.06.865
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 ip.m, on the day of the meeting. If you would like additional detail about these proposals
contact Nora Gierloff, Planning Supervisor, at (206) 433 -7141 or ngierloff @ciaukwila.wa.us.
Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with disabilities.
Reasonable accommodations are available at the public hearing with 48 hours advance notice. This
notice is also available in alternate formats for individuals with disabilities. Please contact the City
Clerk's Office at x(206) 433-1800 or TDD (206)'248 -2933 if we can be of assistance,
,Jane E. Cantu, 'CMC
City Clerk
6300 Southcenter Boulevard. Suite #100 'Tukwila: Washi ijton 981'88 Phone: 206 - 4313670 Fax: 206- 431 -3665
• •
Summary of Proposed Zoning Code Changes
A. Manufactured Homes Allowed Subject to Design Standards
The City Council is considering amending the definition of single family dwelling to include
new manufactured housing units and additionally requiring that units placed outside of mobile
home parks meet new design standards to be applied to all new single family housing
(manufactured as well as stick built) in keeping with recent changes in State law. These
standards may include a minimum roof pitch of 5:12, placement of the front door so that it faces
the front yard setback and a required attached garage.
B. Residential Short Plats Not Allowed in Commercial Zones
Council proposes adopting a clarification that single family houses are only allowed on existing
commercial lots, not those created through new short plats.
C. Condominium Conversions Not Subject to Unclassified Use Permits
Council supports not regulating conversions at the local level. There are no criteria in the UUP
chapter that deal specifically with condominium conversions so it is not clear what the City's
concerns are with the issue. State law and the Building Code contain tenant protection and
building upgrade requirements already.
D. Expiration of Inactive Permits After 90 Days
Council supports expiring complete permits if there is no response to a request for additional
information after 90 days. We would notify the applicant about the deadline for resubmittal in
the correction letter and also try to make contact with them toward the end of the 90 days. In
cases of hardship we could have discretion to grant an additional grace period.
E. Kennels as Conditional Uses in the TUC
The City has been approached by a representative from PetsMart about the possibility of adding
a "pet hotel" for dog and cat boarding within their existing store. Kennels for 4 or more cats or
dogs are a conditional use in the RC, RCM, C/LI, LI, HI and TVS zones but are not permitted at
all in TUC. Council supports allowing indoor kennels as a conditional use in the TUC.
F. Administrative Planned Residential Developments
When the City updated the Subdivision Ordinance in 1997 the reference to administrative PRDs
was inadvertently deleted. It has been DCD's practice that if an applicant with property
containing a wetland or watercourse chose to apply for the lot size or setback reductions allowed
under the PRD chapter the process would follow the type of the underlying permit. Council
supports codifying this in the PRD chapter for clarity.
There are two expiration deadlines for PRDs, see TMC 18.46.120. The first requirement is that a
complete building permit for the application be submitted within 12 months of the date of City
Council approval. The second requirement is that once DCD determines that the building permit
Q: \CODEAMND \2005Summary1.doc Page 1
• •
is in conformance with the approval the City Clerk shall record a copy of the PRD with King
County and amend the zoning of the site with a PRD suffix. Construction of improvements must
begin within 12 months from the date of the City Clerk filing. In practice the City has not
recorded the PRD separately with King County or modified the site zoning with the suffix.
Council supports changing the second deadline to require that construction begin within 6
months of building permit issuance. If that building permit expires, so would the PRD approval.
G. Lot of Record Changes
Tukwila's current definitions of lot and site don't clearly define the circumstances under which a
parcel is considered a separate, buildable lot. The City Attorney has reviewed our code language
and suggested changes that will tie our definitions to the requirements of State law.
H. Housekeeping
There are several outdated or incorrect TMC citations at TMC 18.104.010. Staff would like to
update, correct or delete these references.
I. Use Definition
To address a recent concern regarding the application of the non - conforming use chapter, the
City Attorney proposes that the definition of use be changed to the following:
TMC 18.06.865 Use
"Use" means the nature of the activities taking place on private property or within structures
thereon.
Q: \CODEAMND \2005Summaryl.doc Page 2
JASON BEAGLE
1800 136 PL NE, STE 100
BELLEVUE, WA 98005
JOHN TAMBURELLI
1201 MONSTER RD SW
RENTON WA 98055
MASAKO COCHRAN
FOX HOMES LLC
91526 AV NE, STE C-2
GIG HARBOR, WA 98335
GEM CONSTRUCTION
1183444 PL S
TUKWILA WA 98168
TIEN Q. LE
9420 8 AV SW
SEATTLE WA 98106
JUAN NGO
143104 AV SW
BURIEN, WA 98166
MARK TRAVERS
2315E PIKE ST
SEATTLE WA 98122
J. ARMANDO LEYVA
P.O. BOX 3982
KENT, WA 98089
JESSE CARUTHERS
1185344AVS
TUKWILA WA 98178
DARRYL DOAK, SR
1181226 AV SW
BURIEN WA 98176
RASHPAL SINGH
17429 34 PL W
LYNNWOOD WA 98037
DAN GLACE
P.O. BOX 1112
EATONVILLE WA 98328
JULIE QUACH
7553 30 AV SE
SEATTLE WA 98126
BOB THOMPSON
425 PONTIUS AV N, #125
SEATTLE WA 98109
GARY WILLIAMS
7583 SE 27 ST, #153
MERCER ISLAND, WA
98040
MARK LUDDEN
4616 25 AV NE, #598
SEATTLE WA 98105
STEVE MCCLUNG
P.O. BOX 7426
KENT WA 98042
DAT -THANH NGUYEN
12055 44 AV S
TUKWILA WA 98178
SARAJ KHAN
24719 43 AV S
KENT WA 98032
GURDIP SINGH
4228 S 148 ST
TUKWILA WA 98168
CHAD DETWILLER
5639 16 AV SW
SEATTLE WA 98106
THOMAS GOUGH
3002 S WALKER ST
SEATTLE WA 98144
JONATHAN COOPER
27013 PACIFIC HY S, PMB
302
DES MOINES, WA 98198
GRETCHEN REYNOLDS
3058 S 200
SEATAC, WA 98198
DON TRYON
8210 154 AV SE
NEWCASTLE WA 98059
ERIC HOLMGREN
P.O. BOX 69736
SEATTLE, WA 98168
JASON RUNNING
632 SW 150 ST, STE B
BURIEN WA 98166
206 246 -6587
Dept. Of Community Development r1
City of Tukwila ?':
r-
AFFIDAVIT' OF DISTRIBUTION
:
'
Project Number:
;3
-'
Mailer's Signature:
:)
`
Person requesting m a i l i n g :
` '`:
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IC
mailed to each of the addresses listed on this 1- day ofJ in the
year 20 c)4
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
•
City of Tukw
Department of Community Development Steve Lancaster; Director
Hearing on Changes to Tukwila's
Trailer Park Regulations
Postponed
You are receiving this notice because we believe that you have an interest in an existing
trailer park in Tukwila.
I recently sent you a draft ordinance with proposed changes to the regulations governing
manufactured and mobile home parks. We have decided that they need further
refinement and so have postponed the public hearing on the matter.
You are still Welcome to submit your comments on the draft language. You may submit
written comments to me through May 4 to the following address:
Nora Gie "rl "off
City of'Tukwila DCD
6300 Southcen"ter Bl. Suite 100
'Tukwila, WA 98188
I will also mail you notice 'Of the Planning Commission`, public hearing once a date has
been scheduled.
The City Council will also hold a hearing on the proposed changes. Please contact me if
you wish to receive notice of this second hearing. For additional details about the
proposed changes call Moira Bradshaw in the Department of Community Development
(206) 431 -3670.
Nora Gierloff
Planning ,Supervisor
Nora Gierloff
Page l 04/22/2005
Steven M. Mullet, Mayor
6300 Southcentet Boulevard. Suite, #100 41 TakK%ila. WWashlne2ton 98188 • ,Phone: 2066 -431 -3670 ,Fax: 206- 431 -3665
Dept. Of Community Development
City of Tukwila
AFFIDAVIT OF DISTRIBUTION
1' ; A S cu it
ro HEREBY DECLARE THAI
Notice of Public Hearing
Determination of Non- Significance
Notice of Public Meeting
Project Name: _._-- --'"'r
Mitigated Determination of Non -
Significance
Board of Adjustment Agenda Pkt
Determination of Significance & Scoping
Notice
Mailer's Signature:
Board of Appeals Agenda Pkt
i
Notice of Action
Planning Commission Agenda Pkt
Official Notice
Short Subdivision Agenda
Notice of Application
Shoreline Mgmt Permit
Notice of Application for Shoreline Mgmt
Permit
__
__
FAX To Seattle Times
Classifieds
Mail: Gail Muller Classifieds
PO Box 70 - Seattle WA 98111
Other
(iX,1j,
----
1 (G�-' A.- f ed • I agiForz
Was mailed to each of the addresses listed on this d of
year 2006
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
in the
Project Name: _._-- --'"'r
Project Number: °''----+
Mailer's Signature:
yt,
i
Person requesting mailing:
1 !��?
Was mailed to each of the addresses listed on this d of
year 2006
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
in the
Uac PW 7
.VU . UVV Cf\f
Boyd Frost
4011 So. 146 St.
Seattle, WA 98166
•
Robbins Properties, LLC
818 SW 142" St.
Burien, WA 98166
Stepping Stone Ventures
20303 — 10 Ave. W.
Lynnwood, WA 98036
Rainbow Properties, LLC
2737 — 78 Ave. SE
Mercer Island, WA 98040
You are receiving this notice because we believe that you have an interest Th an existing
trailer park 'in'Tukwila:
In response to changes to State law and a general code review the Tukwila City Council
is considering adopting a new " set of regulations governing manufactured and mobile
home parks. The existing regulations at TMC 5:32 would be deleted and a new chapter
added to the Zoning Code. You may review the existing code on the City's web Site
http // www: ciaukwila .wa.usltmcititic5.. -pdf
We welcome your comments on the enclosed copy of the draft language. You may
submit written comments to me through May 4 to the following address:
Nora Gierloff
City of Tukwila DCD
6300' Southcenter 13h Suite 100
Tukwila, WA 98188
In addition you are welcome to attend the Planning Commission public hearing on a set
of ten Zoning Code amendments including these changes. The Planning Commission
hearing is scheduled for:
April 28 at 7:00 PM
Tukwila City Council Chambers
6200 Southcenter Boulevard
The City Council will also hold a hearing on the proposed changes in late May or early
June. Please contact me if you wish to receive notice of this second hearing: For
additional details about the proposed changes call Moira Bradshaw in the Department of
Community Development (206) 431- 3670.
Nora Gierloff
Planning Supervisor
No "ra Gic�fofi
•
City of Tukwila
Department of Community, Development
Notice of Changes to Tukwila's
Trailer Park Regulation
Page 1 04%19/2005
Steven M. Mullet, Mayor
Steve Lancaster, Director
6300 S0llthcenter Boulevard Suite #100 • Tukwila Washington 98188 '• Phone: 206 =431 -3670 • Fax: 206- 431 -3665
Proposed;Ch °anges A 'e'
Explanation, `n : :t;. m. ,';� p
Delete "Trailer Parks" Chapter 5.32
(Tukwila Municipal Code (TMC)
Chapter 5 of the TMC is the Business and
Licensing Chapter, which is administered
by the City Clerks office, who do not
typically regulate land use. In addition
significant change has occurred in the
Manufactured Home industry since the
existing chapter was adopted in 1958.
Delete Definition:
"Dwelling, Manufactured Home or
Mobile Home"
They are two different types of structures
and will be regulated differently.
Add Definition: 18.06.XXX
"Dwelling, Mobile Home" means a
factory built dwelling constructed before
June 15, 1976 to standards other than the
national manufactured housing
construction and safety standards act of
1974 and acceptable under applicable
state codes in effect at the time of
construction or introduction of the home
into this state.
This is the Washington State Labor and
Industry (L &I) Department definition.
L &I regulate the manufactured home
industry. They inspect the construction of
homes in the factories, apply the
appropriate insignia onto the homes and
issue and inspect any alterations of the
home after they've left the factory.
Add Definition: 18.06.XXX
"Dwelling, Manufactured Home" means a
single - family dwelling required to be built
in accordance with the regulations
adopted under the national manufactured
housing construction and safety standards
act of 1974.
This is the State Labor and Industry
definition.
Amend Definition:
18.06.565 "Manufactured/Mobile Home
Park" means a
development under single ownership or
This definition will distinguish between a
park that is designed for rentals of
manufactured homes as opposed to a
subdivision for manufactured home lots
that would be purchased and owned by
separate individuals.
control consisting of a grouping of two or
more manufactured or mobile homes
cgs or recreational vehicles, whose
primary purpose is producing income
through rental of or spaces for
homes /vehicles. and-It may include park
management offices and accessory
community facilities for the exclusive use
of park residents, such as recreation,
laundry or storage facilities.
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D -R -A -F -T
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4/19/05
Page 1 of 7
ATTACHMENT B
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D -R -A -F -T
Page 2 of 7
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4/19/05
ATTACHMENT B
Add Definition 18.06.XXX
"Recreational vehicles" means a vehicle
that is designed to be self - propelled or
permanently towable by a light duty
truck' and designed primarily for use as
temporary living quarters for recreational
camping, travel or seasonal use.
The proposed definition duplicates and
reflects the term used in other sections of
the Tukwila Municipal code.
Delete 18.06.830 Trailer Court or Park.
18.06.830 Trailer Court Park.
"Trailer" is no longer the term
consistently used in Federal, State and
Local codes.
or
Trailer
court or park means any ar a of
•• - -
• .. .. .. . .
two travel trailers
occupancy of or more
er-mobi4e4iemes,
Delete 18.06.835 Trailer, Travel
18.06.835 Travel trailer
means a vehicular
designed to be temporary
used as a
purpeses:
Create a new chapter of the Zoning Code
- 18.48 - Manufactured/Mobile Home
Parks
The type of regulation proposed for
manufactured/mobile home parks is most
like other standards associated with the
Zoning Code such as setbacks and the
type of land use procedures required.
.010 Purpose
The purpose of this chapter is to provide
requirements and standards for the
development or modification of
recreational vehicle and
manufactured/mobile home parks in the
City. The City wants to insure the highest
feasible quality in these parks, to insure
that the public health safety and general
welfare and aesthetics of the city are
promoted and protected. The City must
insure that proper provisions for all public
facilities such as circulation, utilities,
garbage disposal and recycling, and
recreation are provided.
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D -R -A -F -T
Page 2 of 7
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4/19/05
ATTACHMENT B
.020 Scope This chapter applies to any
land devoted to the rental of space for
recreational vehicles or manufactured
homes, or existing mobile home parks.
Any recreational vehicle, manufactured or
mobile home brought into an existing
mobile home park or any additions to the
structure or structures present in any park,
e.g. storage buildings, canopies, decks,
fences, etc. must comply with this chapter
as well as all other applicable City codes.
This Chapter does not apply to the
creation of for sale lots for manufactured
homes. Any proposed subdivision of land
for manufactured homes must comply
with the Subdivision Code. (Chapter 17,
Tukwila Municipal Code.) Where this
chapter imposes greater restrictions or
higher standards upon the development of
land than other laws or restrictive
covenants, then the provisions of this
chapter shall prevail.
.030 Location
Manufactured/Mobile Home Parks may
be located per the allowances of the
Zoning Code at the density allowed in the
underlying district where the park is to be
located.
The City currently requires a conditional
use permit for new manufactured/mobile
home parks in MDR districts and allows
them as a permitted use the HDR districts.
All new parks are also required to apply
for BAR approval.
.040 Development Standards
All new parks must comply with all
underlying standards of the City,
including but not limited to:
1. Sewer, Water, & Storm Drainage,
including Fire Hydrant Requirements
(Chapter 14, TMC.) Specifically, all parks
shall be connected to public sanitary
sewer and water systems; and electrical,
gas, cable and communications serving
mobile or manufactured or recreational
vehicles must be underground, when
functionally feasible.
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D -R -A -F -T
Page 3 of 7
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4/19/05
ATTACHMENT B
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D -R -A -F -T
2. Relocation, transport and placement of
the manufactured homes and recreational
vehicles and site development such as for
the fire apparatus "roads, "shall be per the
Buildings and Construction Chapter (16
TMC.)
3. Landscaping, Recreation,
Recycling/Solid Waste Space shall be
provided per the Landscaping, Recreation,
Recycling/Solid Waste Space
Requirements Chapter (18.52 TMC.) For
this chapter the manufactured/mobile
home park shall be considered a multiple
family development and an
apartment/condo development.
4. Setbacks from property lines, height
and development coverage shall be per the
zoning district in which the park lies.
(Chapter 18, TMC) In addition, internal
setbacks of ten feet are required between
any portion of a mobile /manufactured
home and a neighboring home and it's
attached structures such as carports,
garages and porches. Accessory sheds
may be allowed for each home /vehicle
pad but must meet the ten foot setback.
5. Off Street Parking shall be provided
per the regulations of the Off - Street
Parking Chapter (18.56 TMC.)
6. Vehicular access to the individual
home pads shall not be allowed from
adjacent streets unless a streetscape is
proposed with home fronts facing the
adjacent streets. Generally, each home
must have access off internal driveways.
7. Outdoor lighting shall be provided to
adequately illuminate internal driveways
and pedestrian walkways. Such lighting
shall be shielded so that the direct
illumination shall be confined to the
property boundaries of the light source.
8. Each manufactured home pad must be
Although manufactured homes are
defined as single family dwellings, when
organized into a park the overall density
of a site is higher than a typical single
family neighborhood and the layout is
also different. The recreation and open
space requirements for multiple family
dwellings is therefore applied to parks,
and collective refuse and recycling spaces
would be designed and provided.
Manufactured homes are defined as single
family dwellings and per the parking
standards would be required to have two
parking spaces for up to three bedrooms
and 1 additional space for every 2
additional bedrooms.
Page 4 of 7
•
4/19/05
ATTACHMENT B
numbered in a sequential manner and
illuminated so that emergency personnel
may identify each home.
.050 Procedures:
In the MDR district, a conditional use
permit must be obtained for new
manufactured/mobile home parks. All
new parks are subject to Board of
Architectural Review, (Chapter 18.60
TMC) and specifically the Multi- family,
Hotel and Motel Design Review Criteria.
These two procedures are Type 4
decisions, which are described in the
Permits Application Types and
Procedures Chapter (18.104 TMC.)
This restates current procedures.
.060 Nonconforming mobile home parks
A. Parks in existence prior to the
adoption of this ordinance shall be
considered legal nonconforming uses
and the mobile homes shall be
considered nonconforming multiple
family structures. Minimum standards
are established here to assure
reasonable opportunity for the
continued use as well as improvement
of mobile home and recreational
vehicle parks existing prior to
adoption of this ordinance and
therefore not in compliance with all or
some of the development standards
required in this Chapter. In order to
ensure some minimum public health
and safety standards for the occupants
of the existing nonconforming parks,
the following procedures and
standards shall apply. At the time the
placement or relocation of individual
manufactured homes or the
construction of accessory structures is
proposed within nonconforming
manufactured/mobile home parks the
following must occur.
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D -R -A -F -T
Page 5 of 7
•
4/19/05
ATTACHMENT B
B. Prior to the issuance of any City of
Tukwila permit for the placement or
relocation of a manufactured home(s)
or a modification that requires a
development permit, such as a carport,
a land survey of the park performed by
a Washington State Licensed
professional land surveyor must be on
file with the City. The survey must
show the entirety of the park site
including: perimeter park boundaries
and adjacent street(s); the dimension
and the location of all existing mobile
homes, manufactured homes and
recreational vehicles and or the pads
for their location; accessory buildings,
such as carports and porches and
laundry facilities; utility locations and
hookups; and internal driveways,
perimeter streets and curb cuts.
C. The placement or relocation of
individual homes or the construction
of accessory structures in
nonconforming manufactured/mobile
home parks must comply with the
following standards:
1. Minimum setbacks from property
lines per the underlying zone and a 10
foot separation between all other
homes, recreational vehicles,
accessory structures and park
community facilities. Normally
accessory structures attached or
adjacent to homes may be allowed;
such as porches and carports /garages.
2. Maintenance of encroachment clear
twenty foot wide internal driveways
per the Buildings and Construction
Chapter of the TMC.
3. Move -ins must be manufactured
homes; no recreational vehicles or
mobile homes may be allowed within
Recreational vehicles are defined as
temporary structures and only allowed to
occupy a space as a dwelling for 180 days
•
D -R -A -F -T
Page 6 of 7
•
4/19/05
ATTACHMENT B
existing nonconforming
manufactured/mobile home parks.
per the Building Code. The existing
"mobile home parks" seem to be operated
for long term occupancy so recreational
vehicles should not be allowed.
4. Site boundaries of nonconforming
mobile home park shall not be allowed
to expand nor shall any additional
parks be created without compliance
with the Manufactured/Mobile Home
Park Standards and Procedures in
Section .040 and .050.
D. Decisions regarding modifications to
existing nonconforming mobile home
and recreational vehicle parks are
Type 1 decisions per the Permit
Application Types and Procedures
Chapter (18.104 TMC.)
Appeals of building permit decisions go to
the Hearing Examiner.
Q: \mcb \HOUSING \manufactured home ord table.doc
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D -R -A -F -T
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4/19/05
Page 7 of 7 ATTACHMENT B
x137 -__28 . i4c_% .5.
- -M. Z le . W4- 980 3�o
61.6 _
ki?
__A63:03
mit wool, 1414--
Boyd Frost
4011 So. 146 St.
Seattle, WA 98166
•
Robbins Properties, LLC
818 SW 142 St.
Burien, WA 98166
Stepping Stone Ventures
20303 — 10 Ave. W.
Lynnwood, WA 98036
Rainbow Properties, LLC
2737 — 78 Ave. SE
Mercer Island, WA 98040
Dept. Of Community Development
City of Tukwila
AFFIDAVIT OF DISTRIBUTION
1. SVL5afi i &I
HEREBY DECLARE THAT:
Notice of Action
Determination of Significance & Scoping
Notice
Notice of Public Hearing
Notice of Public Meeting
Board of Adjustment Agenda Pkt
Board of Appeals Agenda Pkt
Planning Commission Agenda Pkt
Short Subdivision Agenda
Shoreline Mgmt Permit
FAX To Seattle Times
Classifieds
Mail: Gail Muller Classifieds
PO Box 70 - Seattle WA 98111
Determination of Non - Significance
Mitigated Determination of Non -
Significance
Official Notice
of Application
Notice of Application for ShorelineMmt
Permit
Was mailed to each of the addresses listed on this
year 2005`
Project Name:
P:GINAWYNETTA/FORMS/AFFIDAVIT-MAIL
08/29/003:31 PM
Other
lvo
T1th Is
day of 1 ,, ' i n the
•
Nora Gierloff - Code amendments relat o housing
•
From: Steve Lancaster
To: Dave Fenton; Dennis Robertson; Jim Haggerton; Joan Hernandez; Joe Duffle; Pam
Carter; Pamela Linder
Date: 7/28/05 3:50PM
Subject: Code amendments related to housing
Sharon Nacata has contacted several of you expressing concern about the code amendments you will be
reviewing this Monday evening, specifically relating to the requirement that all new single - family homes
have garages. I've spoken with Sharon about this and thought I would share with you my understanding
of her concern.
Sharon is in the process of creating a short plat on her property. She would like to build at least one new
home on one of the new lots in the near future. She does not want to build a garage.
Sharon will not be able to attend Monday's meeting due to a schedule conflict. In addition to her concern
about the garage issue, she is unhappy that the public hearing held recently on this matter was not more
widely publicized. For your information, we published notice of the hearing in the newspaper and posted
it to the City's website as we typically do. We took the extra step of mailing notice to those homebuilders
who have been active in the community in recent years. Sharon felt we should have also mailed notice to
property owners who are in the process of doing short plats. In hindsight, this would have been a good
idea. We simply didn't think of it.
It is unusual under current market conditions for an individual to want to build a site -built home without a
garage. In Sharon's situation, she is probably not terribly concerned with resale, since I believe the home
she wants to build would be for the Tong -term use of her own family. At any rate, the City Council
obviously has the ability to modify the direction given to staff after the public hearing, and modify the
ordinance that has been prepared for your consideration.
I would be happy to talk to any of you about this prior to Monday's meeting. I will be out of town Friday
through Sunday, so if you'd like to discuss this please give me a call Monday morning.
I hope you all have a great weekend.
Steve Lancaster, Director
Tukwila Department of Community Development
206/431 -3670
CC: Mayor Mullet; Nora Gierloff; Rhonda Berry; Shelley Kerslake
Page 1
Mayor Mullet
'Committee of the Whole
FROM: Steve Lancaster, DCD Director
Proposed Code Amendments
DATE: July 13, 2005
TO:
BACKGROUND.
PROPOSED CHANGES
NG
Q: \CODEA MN D \7= 18CC. DOC-
•
•
City of Tukwila
Departirient of COMM unity Development Steve Lancaster, Director
MEMORANDUM
On March 10 Staff presented a group of 10 Zoning Code amendments to the CAP. The topics
ranged from minor housekeeping or clarification to policy decisions about allowed uses and
development, standards. The Committee chose a preferred option for each topic. Staff then
worked to translate this policy direction into code language. We decided that the new section
dealing with Mobile/Manufactured Home Parks needed additional work so that was pulled out to
be handled separately. The other 9 items were presented to the Planning Commission at a public
hearing on April 28
The Planning Commission endorsed the CAP's recommendations for all items except the new
design standards to apply to all single family houses, including manufactured homes: The
Commission did not want to require that all new single-family houses have an attached garage,
front door that faced the street or a minimum roof pitch of 5:12. They did support a minimum
roof pitch requirement of 3 :12, with an exception process through the DCD Director for flat
roofs on architecturally designed houses,
The PC recommendation was presented to CAP on May 24 The Committee decided to
reinstate their original design standards, however they wanted allow detached garages for alley
accessed lots only. The proposal was then presented to the COW on. June 13 They discussed
the single family design standards and set a public hearing forr July 1 8 th
The COW recommendations are reflected in the attached strikeout/underline ordinances. The
changes are discussed below.
A. Manufactured Homes in Residential Zones
The 2004 State Legislature passed legislation requiring that manufactured housing be treated
similarly to Other types of housing (stick built or modular). This means that Tukwila cannot
exclude manufactured housing from individual lots in the LDR, MDR and HDR zones as is our
=
'07/12/2005337 PM
Steven
M
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila Washington 98188 Phone: 206-431-3670 0 Fax: 206- 431 -3665
• •
current practice. We can however impose design standards that would apply to all new single
family houses, see TMC 18.50.050 in the draft ordinance at Attachment B. The COW is
recommending the following design standards:
a) A one car or larger attached garage unless the garage is behind the house, in
which case the garage could be detached;
b) A front door facing the front yard setback;
c) A minimum roof pitch of 5:12.
The ordinance is drafted to exempt housing demonstration projects from the single family design
standards. These projects will be required to go through design review and should have more
flexible development standards to allow the different housing types.
The requirement that a front door must open on to the front or second front yard would not
necessarily produce a consistent streetscape as we have typically granted some flexibility in
determining which yard is the front when the lot does not touch a public right -of -way. It would
also mean that more houses on narrow, non - conforming lots would be limited to a single car
garage. Both houses below would meet all of the proposed design standards (the house on the
right is on a corner lot).
15' wide house, front door facing street 15' wide house, side entry to second front
See Attachment A for examples of different roof pitches. Looking at the past two years of single
family house permits they all had pitches between 5 and 8 in 12, with the majority either 5 or 6
in 12. The draft ordinance also includes an exception process to allow roofs lower than 5:12 as a
Type 2 Special Permission application.
The PC, CAP and COW retained the requirements specific to manufactured housing allowed by
the State:
a) only new manufactured homes may be used outside of mobile home parks,
NG
Q: \CODEAMND \7- 18CC.DOC
- 2 - 07/12/2005 3:37 PM
C. Condominium Conversions
• •
b) the manufactured home must be set on a permanent foundation with the space from
the bottom of the home to the ground enclosed by concrete or an approved concrete
product that can be either load bearing or decorative,
c) the home must be thermally equivalent to the state energy code, and
d) the home must be at least a "double wide ".
SeaTac, Renton, Burien and Kent all allow manufactured housing in single family residential
areas subject only to the state allowed requirements.
B. Residential Short Plats in Commercial Zones
The Zoning Code allows for one single family house per lot in the MUO, 0, RCC, NCC and
TVS zones which are primarily intended for light commercial and multi - family uses. However,
some of these zones have either no minimum lot size, or lot sizes as small as 5,000 square feet
while LDR, our single family zone, has a 6,500 square foot minimum lot size. This has created
interest among developers in short platting commercial land for single family residential
development. The PC concurred with CAP's recommendation to adopt a clarification that single
family houses are only allowed on existing lots, not those created through new short plats.
The Zoning Code requires that an apartment building owner obtain an Unclassified Use Permit
from the City Council prior to converting the units to condominiums for individual sale. The
UUP process is time consuming and may discourage the owner of a troubled apartment building
from considering that alternative. State law (RCW 64.34.440) has requirements for tenant
notification, first right of refusal and public offering statements that disclose any building,
mechanical or electrical code violations to prospective purchasers.
The PC concurred with the CAP's recommendation to repeal the UUP requirement. Under the
International Housing Code, unlike the Uniform Building Code, the conversion of an apartment
building to condominiums is a change in Occupancy Classification Group. This requires an
inspection and corrections to any code violations before issuance of a new Certificate of
Occupancy. Therefore no additions to the Zoning Code are required to implement the CAP's
recommendation that the building be inspected and code violations addressed prior to sale.
D. Expiration of Inactive Permits
Currently if an applicant for a land use permit does not resubmit in response to a Notice of
Incomplete Application within 90 days the Department can close the permit. However, once the
application is complete there is no mechanism to close an inactive permit when the applicant
does not respond to a request for more information. The PC concurred with CAP's
recommendation to extend the 90 day response requirement to complete permits.
NG
Q: \CODEAMND \7- 18CC.DOC
- 3 - 07/12/2005 3:37 PM
E. Kennels as Conditional Uses in the TUC
• •
The City has been approached by a representative from PetsMart about the possibility of adding
a "pet hotel" for dog and cat boarding within their existing store. Kennels for 4 or more cats or
dogs are a conditional use in the RC, RCM, C /LI, LI, HI and TVS zones but are not permitted at
all in TUC. Animal veterinary clinics with associated temporary indoor boarding are allowed
outright in all zones except 0, LI, HI, MIC /L and MIC/H. The PC concurred with CAP's
recommendation allowing indoor kennels as a conditional use in the TUC.
F. Administrative Planned Residential Developments
When the City updated the Subdivision Ordinance in 1997 the reference to administrative PRDs
was inadvertently deleted. It has been DCD's practice that if an applicant with property
containing a wetland or watercourse chose to apply for the lot size or setback reductions allowed
under the PRD chapter the process would follow the type of the underlying permit. The PC
concurred with CAP's recommendation to codify this practice in the PRD chapter for clarity.
There are two expiration deadlines for PRDs, see TMC 18.46.120. The first requirement is that a
complete building permit for the application be submitted within 12 months of the date of City
Council approval. The second requirement is that once DCD determines that the building permit
is in conformance with the approval the City Clerk shall record a copy of the PRD with King
County and amend the zoning of the site with a PRD suffix. Construction of improvements must
begin within 12 months from the date of the City Clerk filing. In practice the City has not
recorded the PRD separately with King County or modified the site zoning with the suffix. The
PC concurred with CAP's recommendation to change the second deadline to require that
construction begin within 6 months of building permit issuance. If that building permit expires,
so would the PRD approval.
G. Lot of Record Changes
Tukwila's current definitions of lot and site don't clearly define the circumstances under which a
parcel is considered a separate, buildable lot. The City Attorney has reviewed our code language
and suggested changes that will tie our definitions to the requirements of State law. See
Attachment A for the new language.
In addition the City Attorney recommends replacing TMC 18.70.030 Preexisting Legal Lots of
Record with amended language clarifying the development rights for substandard lots. We
would continue to allow lots that do not meet current size requirements to be developed, so long
as they can meet current development, land use and environmental standards. If they could not
meet standards they would have to be consolidated with an adjoining lot or request a variance.
The PC concurred with CAP's support for all of these proposed changes.
NG
Q: \CODEAMND \7- 18CC.DOC
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H. Housekeeping
I. Use Definition
• •
There are several outdated or incorrect TMC citations at TMC 18.104.010. Staff would like to
update, correct or delete these references, see Attachment A for the revised tables. The PC
concurred with CAP's support for all of these housekeeping changes.
To address a recent concern regarding the application of the non - conforming use chapter, the
City Attorney proposes that the definition of use be changed, see Attachment A for the new
language. The PC concurred with CAP's support of this proposed change.
REQUESTED ACTION
Review and revise the draft ordinances.
NG
Q: \CODEAMND \7- 18CC.DOC
- 5 - 07/12/2005 3:37 PM
3:12 Pitch
•
Examples of Different Roof Pitches
Attachment A
4:12 Pitch
•
s
5:12 Pitch
•
•
PC: .F:.: Fri l :ws.•,�;�.
6:12 Pitch
e
Draft
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
AMENDING ORDINANCE NOS. 1758, 1819 AND
1976 AND CHAPTERS 18.06, 18.50 AND 18.70 OF
THE TUKWILA MUNICIPAL CODE, TO ALLOW
MANUFACTURED HOUSING ANYWHERE
SINGLE FAMILY DWELLINGS ARE PERMITTED
AND TO IMPOSE DESIGN STANDARDS ON ALL
SINGLE FAMILY DWELLINGS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Tukwila's development regulations may be reviewed and
updated as appropriate; and
WHEREAS, under new State regulations manufactured and modular
homes must be treated similarly to stick built dwellings; and
WHEREAS, design standards for single family dwellings will help to
preserve neighborhood quality; and
WHEREAS, the City of Tukwila Planning Commission held a public
hearing on the proposed amendments on April 28th and has recommended the
adoption of certain Zoning Code changes; and
WHEREAS, the City Council held a public hearing on the proposed
amendments July 18, 2005, after proper notice; and
WHEREAS, the City Council after having received and studied staff
analysis and comments from members of the public believes that certain
amendments to the City's development regulations are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Attachment B
• •
Section 1. Ordinance 1976 §5 and Ordinance 1758 §1 (part), as codified at
TMC Chapter 18.06.255, is hereby amended to read as follows:
18.06.255 Dwelling, Single- Family
"Single Family dwelling" means a building or-modular home, other `han ^ mobile or new
manufactured home, designed to contain no more than one dwelling unit plus one accessory
dwelling unit.
Section 2. Supplemental Development Standards, TMC Chapter 18.50, is
hereby amended to add the following section:
18.50.050 Single Family Dwelling Design Standards
All new single family dwellings, except those that are part of an approved Housing Options
Demonstration Program, constructed under building permits submitted to the City after August 1,
2005 must:
A. be set upon a permanent foundation with the space from the bottom of the home to the
ground enclosed by concrete or an approved concrete product that can be either load
bearing or decorative;
B. if a manufactured home, be comprised of at least two fully enclosed parallel sections each
of not less than twelve feet wide by thirty -six feet long;
C. be thermally equivalent to the state energy code;
D. have a one car or larger attached garage, unless the garage is behind the house, in which
case it can be detached;
E. have the front door facing the front or second front yard;
F. have a roofing material that is residential in appearance including but not limited to wood
shakes or shingles, standing seam metal, asphalt composition shingles or tile with a
minimum roof pitch of 5:12; and
G. have exterior siding that is residential in appearance including but not limited to wood
clapboards, shingles or shakes, brick, conventional vinyl siding, fiber- cement siding,
wood - composite panels, aluminum siding or similar materials. Materials such as smooth,
ribbed or corrugated metal or plastic panels are not acceptable.
Section 3. Supplemental Development Standards, TMC Chapter 18.50, is
hereby amended to add the following section:
18.50.055 Exception to Minimum Roof Pitch Requirement
The minimum roof pitch of 5:12 required by 18.50.050 may be modified by the DCD
Director as part of a Type 2 Special Permission application. The criteria for approval of
the modification are as follows:
A. The proposed roof pitch is consistent with the style of the house (for example
modern, southwestern);
B. If a flat roof is proposed the top of the parapet may not exceed 25 feet in height;
C. If a sloped roof is proposed it must have at least 24 inch eaves;
D. The house exhibits a high degree of design quality including a mix of exterior
materials, detailing, articulation and modulation.
Section 4. Ordinance 1819 §1 (part), as codified at TMC Chapter
18.70.055, (Mobile and Manufactured Homes) is hereby deleted in its entirety.
Section 5. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or situation
should be held to be invalid or unconstitutional for any reason by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this ordinance or its
application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full
force and effect five (5) days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a Regular Meeting thereof this day of
2005.
Steven M. Mullet, Mayor
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
• •
Draft
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
AMENDING ORDINANCE NOS. 1758, 1768, 1770,
1774, 1796, 1814, 1816, 1830, 1847, 1857, 1865, 1954,
1971, 1974, 1976, 1986, 1991, 2005, 2021, 2066 AND
2084 AND CHAPTERS 18.06, 18.12, 18.14, 18.16,
18.18, 18.2 0, 18.2 2, 18.2 6, 18.2 8, 18.4 0, 18.4 6, 18.70
AND 18.104 OF THE TUKWILA MUNICIPAL
CODE, TO CLARIFY AND UPDATE ZONING
CODE PROVISIONS DEFINING
MANUFACTURED HOUSING, LOT, SITE AND
USE, DISALLOWING RESIDENTIAL PLATS IN
COMMERCIAL ZONES, DEREGULATING
CONDOMINIUM CONVERSIONS, ADDING AN
EXPIRATION DEADLINE FOR INACTIVE
PERMITS, ALLOWING KENNELS AS
CONDITIONAL USES IN TUC, PROVIDING FOR
ADMINISTRATIVE PLANNED RESIDENTIAL
DEVELOPMENTS AND CORRECTING CODE
CITATIONS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
Attachment C
WHEREAS, Tukwila's development regulations may be reviewed and
updated as appropriate; and
WHEREAS, the City recognizes that its definitions for manufactured
homes, mobile homes, lot and site no longer correspond with State regulations;
and
WHEREAS, residential short plats are contrary to the intent of commercial
zones; and
WHEREAS, condominium conversions are sufficiently regulated by State
law and building codes so an unclassified use permit does not provide any
additional benefit; and
and
•
WHEREAS, permit processing efficiency would be improved by a
mechanism to expire inactive permit applications; and
WHEREAS, indoor kennels are an appropriate use in the Tukwila Urban
Center; and
WHEREAS, an administrative process for planned residential
developments should be allowed for short plats and boundary line adjustments;
and
WHEREAS, the current definition of use is unclear and should be updated;
WHEREAS, there are several outdated or incorrect citations in the code that
should be corrected; and
WHEREAS, the City of Tukwila Planning Commission held a public
hearing on the proposed amendments on April 28th and has recommended the
adoption of certain Zoning Code changes; and
WHEREAS, the City Council held a public hearing on the proposed
amendments July 18, 2005, after proper notice; and
WHEREAS, the City Council after having received and studied staff
analysis and comments from members of the public believes that certain
amendments to the City's development regulations are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1758 §1 (part), as codified at TMC Chapter
18.06.245, is hereby amended to read as follows:
18.06.245 Dwelling, Manufactured Hom
"Manufactured home dwelling" er "mo home dwe means a
single - family dwelling required to be built in accordance with
the regulations adopted under the national manufactured housing construction and safety
standards act of 1974.
Section 2. "Mobile Home" Defined. TMC Chapter 18.06, Definitions, is
hereby amended to add the following section:
18.06.247 Dwelling, Mobile Home
"Dwelling, Mobile Home" means a factory built dwelling constructed before June 15, 1976 to
standards other than the national manufactured housing construction and safety standards act of
1974 and acceptable under applicable state codes in effect at the time of construction or
introduction of the home into this state.
Section 3. Ordinance 1758 §1 (part), as codified at TMC Chapter
18.06.500, is hereby amended to read as follows:
18.06.500 Lot
"Lot" means a physically separate and distinct parcel of property which has-been (a) was created
by plat, short plat, or binding site plan, or • - : - , (b) was
bought or sold as separately owned parcel of property . :. .. .. prior
to the requirement that lots be created by plat, short plat, or binding site plan:, or (c) was created
by a transaction which was exempt from the requirement that lots be created by plat, short plat or
binding site plan. "Lots" may be bought or sold as separate parcels of property but the fact that a
parcel of property is defined as a "lot" does not necessarily mean that it may developed as a
separate building site.
Section 4. "New Manufactured Home" Defined. TMC Chapter 18.06,
Definitions, is hereby amended to add the following section:
18.06.587 New manufactured home
"New manufactured home" means any manufactured home required to be titled under Title 46
RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home"
as defined in RCW 82.45.032(2).
Section 5. Ordinance 1758 §1 (part), as codified at TMC Chapter
18.06.780, is hereby amended to read as follows:
18.06.780 Site
"Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are
proposed as the location for a development, as defined in TMC 18.06.210, or for some other
activity which requires a permit or approval pursuant to TMC titles 16, 17 or 18. legally defined
Section 6. Ordinance 1758 §1 (part), as codified at TMC Chapter
18.06.865, is hereby amended to read as follows:
TMC 18.06.865 Use
"Use" means the nature of the activities taking place on private property or within structures
thereon
• •
Section 7. Ordinance 1865 §10, Ordinance 1816 §1, and Ordinance 1758 §1
(part), as codified at Section 18.12.050 of the Tukwila Municipal Code, (Medium
Density Residential) Unclassified Uses, is hereby amended to read as follows:
18.12.050 Unclassified Uses
The following uses may be allowed within the Medium Density Residential district, subject to the
requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use
Permits:
1. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
housing.
23. Neighborhood stormwater detention and treatment facilities.
34. Stormwater pump stations.
43. Water utility reservoirs and related facilities.
66. Sewage lift stations.
67. Water pump stations.
7S. Mass transit facilities.
84. 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.
housing.
23. Neighborhood stormwater detention and treatment facilities.
34. Stormwater pump stations.
43. Water utility reservoirs and related facilities.
66. Sewage lift stations.
6 7. Water pump stations.
78. Mass transit facilities.
84. 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.
multi family
Section 8. Ordinance 1865 §14, Ordinance 1816 §1, and Ordinance 1758 §1
(part), as codified at Section 18.14.050 of the Tukwila Municipal Code, (High
Density Residential) Unclassified Uses, is hereby amended to read as follows:
18.14.050 Unclassified Uses
The following uses may be allowed within the High Density Residential district, subject to the
requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use
Permits:
1. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
• •
Section 9. Ordinance 1986 §5, Ordinance 1976 §28, Ordinance 1971 §7,
Ordinance 1830 §5, Ordinance 1814 §2,and Ordinance 1758 §1 (part), as codified
at Section 18.16.020 of the Tukwila Municipal Code, (Mixed -Use Office)
Permitted Uses, is hereby amended to read as follows:
18.16.020 Permitted Uses
The following uses are permitted outright within the Mixed -Use Office district, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
2. Beauty or barber shops.
3. Bicycle repair shops.
4. Billiard or pool rooms.
5. Brew pubs.
6. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or commercial activities
and
designed such that the pedestrian and commercial environments are not negatively impacted
by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a building that, combined
with appropriate Type III landscaping, provides effective visual screening from adjacent
streets.
7. Computer software development and similar uses.
8. Convalescent and nursing homes for not more than 12 patients.
9. Day care centers.
10. Dwelling - One detached single - family dwelling per existing lot.
11. Dwelling - Multi- family units above office and retail uses.
12. Dwelling - Senior citizen housing as a free - standing use subject to additional requirements.
13. Financial, banking, mortgage, and other services.
14. Fraternal organizations.
15. Laundries:
a. self service
b. dry- cleaning
c. tailor, dyeing
16. Libraries, museums or art galleries (public).
17. Medical and dental laboratories.
18. Offices, when such offices occupy no more than the first two stories of the building or
basement and floor above, including:
a. medical
b. dental
c. government; excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
19. Outpatient, inpatient, and emergency medical and dental commercial services.
20. Public parks, trails, picnic areas and play - grounds but not including amusement parks, golf
courses, or commercial recreation.
21. Recreation facilities (commercial - indoor), athletic or health clubs.
22. Restaurants, including cocktail lounges in conjunction with a restaurant.
• •
23. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and
craft supplies, housewares, consumer electronics, photo equipment and film processing, books,
magazines, stationery, clothing, shoes, 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 10. Ordinance 1865 §17, Ordinance 1816 §1, and Ordinance 1758 §1
(part), as codified at Section 18.16.050 of the Tukwila Municipal Code, (Mixed -
Use Office) Unclassified Uses, is hereby amended to read as follows:
18.16.050 Unclassified Uses
The following uses may be allowed within the Mixed -Use Office district, subject to the
requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use
Permits:
1. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
housing.
23. Neighborhood stonmwater detention and treatment facilities.
34. Stormwater pump stations.
45-. Water utility reservoirs and related facilities.
66. Sewage lift stations.
6�. Water pump stations.
78. Mass transit facilities.
89. 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 11. Ordinance 1986 §6, Ordinance 1976 §31, Ordinance 1971 §8,
Ordinance 1830 §8, Ordinance 1814 §2 (part), and Ordinance 1758 §1 (part), as
codified at Section 18.18.020 of the Tukwila Municipal Code, (Office) Permitted
Uses, is hereby amended to read as follows:
18.18.020 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. Commercial parking, provided it is:
a. located within a structure having substantial ground floor retail or commercial activities
and designed such that the pedestrian and commercial environments are not negatively
impacted by the parking use, or
b. located at least 175 feet from adjacent arterial streets and behind a building that, combined
with appropriate Type III landscaping, provides effective visual screening from adjacent
streets.
6. Convalescent and nursing homes for not more than 12 patients.
7. Day care centers.
8. Dwelling - One detached single- family dwelling per existing lot.
9. Financial, banking, mortgage, other services.
10. Fraternal organizations.
11. Laundries:
a. self service
b. dry- cleaning
c. tailor, dyeing
12. Libraries, museums or art galleries (public).
13. Medical and dental laboratories.
14. Offices, including:
a. medical
b. dental
c. government; excluding fire and police stations
d. professional
e. administrative
f. business, such as travel, real estate
g. commercial
15. Outpatient, inpatient, and emergency medical and dental commercial services.
16. 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 selfimprovement.
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.
Section 12. Ordinance 1986 §6, Ordinance 1976 §31, Ordinance 1971 §8,
Ordinance 1830 §8, Ordinance 1814 §2 (part), and Ordinance 1758 §1 (part), as
18.22.020 Permitted Uses
• •
Section 18.20.020 of the Tukwila Municipal Code, (Residential Commercial
Center) Permitted Uses, is hereby amended to read as follows:
18.20.020 Permitted Uses
The following uses are permitted outright within the Residential Commercial Center district,
subject to compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Animal veterinary, including associated temporary indoor boarding; access to an 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 existing lot.
7. Dwelling - Multi- family units above office and retail uses.
8. Fix -it, radio or television repair shops/ rental shops.
9. Greenhouses or nurseries (commercial).
10. Laundries:
a. self service;
b. dry cleaning;
c. tailor, dyeing.
11. Offices, when such offices occupy no more than the first 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.
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 selfimprovement.
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 13. Ordinance 1976 §40, Ordinance 1954 §1, Ordinance 1830 §11,
Ordinance 1814 §2 (part), and Ordinance 1758 §1 (part), as codified at Section
18.22.020 of the Tukwila Municipal Code, (Neighborhood Commercial Center)
Permitted Uses, is hereby amended to read as follows:
• •
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 existing lot.
13. Dwelling - Multi- family units above office, and retail uses.
14. Financial:
a. banking;
b. mortgage;
c. other services.
15. Fix -it, radio or television repair shops/ rental shops.
16. Fraternal organizations.
17. Frozen food lockers for individual or family use.
18. Greenhouses or nurseries (commercial).
19. Laundries:
a. self -serve;
b. dry cleaning;
c. tailor, dyeing.
20. Libraries, museums or art galleries (public).
• •
21. Offices, when such offices occupy no more than the first 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 selfimprovement.
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 14. Ordinance 1991 §3, Ordinance 1976 §48, Ordinance 1865 §33,
Ordinance 1816 §1, and Ordinance 1758 §1 (part), as codified at Section 18.26.050
of the Tukwila Municipal Code, (Regional Commercial Mixed -Use) Unclassified
Uses, is hereby amended to read as follows:
18.26.050 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 Chapter 18.66.
I . Conversions of rental multi family structures-tee i n3s
housing, but excluding the constructiot
housing
12. Essential public facilities, except those uses listed separately in any of the districts established
by this title.
23. Hydroelectric and private utility power generating plants.
34. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
45. Mass transit facilities.
• •
Section 15. Ordinance 2084 §2, Ordinance 1865 §34, Ordinance 1830 §21
and Ordinance 1758 §1 (part), as codified at Section 18.28.040 of the Tukwila
Municipal Code, (Tukwila Urban Center) Conditional Uses, is hereby amended
to read as follows:
18.28.040 Conditional Uses
The following uses may be allowed within the Tukwila Urban Center district, subject to the
requirements, procedures, and conditions established by the Conditional Use Permits chapter of
this title.
1. Amusement parks.
2. Bed - and - Breakfast lodging; must be located on property adjacent to and not greater than 500
feet from the Green River, Tukwila Pond, or Minkler Pond.
3. Cemeteries and crematories.
4. Churches and community center buildings.
5. Colleges and universities.
6. Convalescent and nursing homes for more than 12 patients.
7. Dwelling - Multi- family units (max. 22.0 units /acre except senior citizen housing which is
allowed to 100 units /acre, as a mixed -use development development that is non - industrial in
nature); must be located on property adjacent to and not greater than 500 feet from the Green
River, Tukwila Pond, or Minkler Pond.
8. Indoor animal shelters and kennels, subject to all additional State and local regulations (less
than 4 cats or dogs does not need a permit).
98. Transit - oriented development housing (which is allowed to 65 units /acre as a mixed -use
development that is non - industrial in nature); must be located on property adjacent to and not
greater than one - quarter mile from the Sounder Commuter Rail /Amtrak Station property.
109. Drive -in theaters.
114). Electrical substations - distribution.
12-I -. Fire and police stations.
132. Hospitals, sanitariums, or similar institutions.
142. Manufacturing, processing and/or assembling previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -
forging.
154. Park and ride lots.
165. Radios, television, microwave, cellular or observation stations and towers.
176. Recreation facilities (public) including, but not limited to, sports fields, community centers,
and golf courses.
187. Schools, preschool, elementary, junior or high schools, and equivalent private schools.
Section 16. Ordinance 1991 §4, Ordinance 1976 §51, Ordinance 1865 §35,
Ordinance 1816 §1, and Ordinance 1758 §1 (part), as codified at Section 18.28.050
of the Tukwila Municipal Code, (Tukwila Urban Center) Unclassified Uses, is
hereby amended to read as follows:
18.28.050 Unclassified Uses
The following uses may be allowed within the Tukwila Urban Center district, subject to the
requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use
Permits.
1. Airports, landing fields and heliports (except emergency sites).
housing, but exe- Judi -+ • - of +ui lint - or — «wncr occupied nnmt+iti— firmly
hottsi-t
23. Essential public facilities, except those uses listed separately in any of the districts established
by this title.
34. Hydroelectric and private utility power generating plants.
45. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
%. Mass transit facilities.
Section 17. Ordinance 2021 §10, Ordinance 1986 §15, Ordinance 1974 §11,
Ordinance 1971 §17, Ordinance 1830 §25, Ordinance 1814 §2, Ordinance 1774 §5,
and Ordinance 1758 §1 (part), as codified at Section 18.40.020 of the Tukwila
Municipal Code, (Tukwila Valley South) Permitted Uses, is hereby amended to
read as follows:
18.40.020 Permitted Uses
The following uses are permitted outright within the Tukwila Valley South district, subject to
compliance with all other applicable requirements of the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted, subject to the following location restrictions:
a. No adult entertainment establishment shall be allowed within the following distances from
the following specified uses, areas or zones, whether such uses, areas or zones are located
within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC
zone districts or any other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with curricula equivalent to elementary, junior or senior
high schools, or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public park, trail, or public recreational facility; or
(b) church, temple, synagogue or chapel, or
(c) public library.
b. the distances specified in TMC 18.40.020.1.a. shall be measured by following a straight
line from the nearest point of the property parcel upon which the proposed use is to be
located, to the nearest point of the parcel of property or land use district boundary line from
which the proposed land use is to be separated.
c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an
existing adult entertainment establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points of public entry into each
establishment.
2. Animal veterinary, including associated temporary indoor boarding; access to an arterial
required.
3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car
sales lots. No dismantling of cars or travel trailers or sale of used parts allowed.
4. Automotive services:
a. gas, outside pumps allowed;
• •
b. washing;
c. body and engine repair shops (enclosed within a building).
5. Beauty or barber shops.
6. Bicycle repair shops.
7. Billiard or pool rooms.
8. Brew pubs.
9. Bus stations.
10. Cabinet shops or carpenters shops employing less than five people.
11. Commercial laundries.
12. Commercial parking subject to TMC Chapter 18.56, "Off- Street Parking and Loading
Regulations."
13. Computer software development and similar uses.
14 Contractor's storage yards.
15. Convalescent and nursing homes for not more than twelve patients.
16. Convention facilities.
17. Day care centers.
18. Dwelling - One detached single - family unit per existing lot (includes factory built or modular
home that meets UBC).
19. Farming and farm- related activities.
20. Financial:
a. banking;
b. mortgage;
c. other services.
21. Fix -it, radio or television repair shops/ rental shops.
22. Fraternal organizations.
23. Frozen food lockers for individual or family use.
24. Greenhouses or nurseries (commercial).
25. Heavy equipment repair and salvage.
26. Hotels.
27. Industries involved with etching, film processing, lithography, printing, and publishing.
28. Internet data/telecommunication centers.
29. Laundries:
a. self -serve;
b. dry cleaning;
c. tailor, dyeing.
30. Libraries, museums or art galleries (public).
31. Manufacturing, processing and/or packaging of food, including but not limited to, baked
goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy
products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is
permitted).
32. Manufacturing, processing and/or packaging pharmaceuticals and related products, such as
cosmetics and drugs.
33. Manufacturing, processing, and/or packaging previously prepared materials including, but not
limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper,
plastics, rubber, tile, and wood.
34. Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or
precision instruments such as medical and dental equipment, photographic goods, measurement
and control devices, and recording equipment.
35. Medical and dental laboratories.
36. Mortician and funeral homes.
37. Motels.
38. Offices, including:
a. medical;
b. dental;
c. government; excluding fire and police stations;
d. professional;
e. administrative;
f. business, such as travel, real estate;
g. commercial.
39. Outpatient, inpatient, and emergency medical and dental.
40. Pawnbrokers.
41. Planned shopping center (mall).
42. Plumbing shops (no tin work or outside storage).
43. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf
courses, or commercial recreation.
44. Railroad tracks, (including lead, spur, loading or storage).
45. Recreation facilities (commercial - indoor), athletic or health clubs.
46. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting
ranges.
47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks).
48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
49. Restaurants, including:
a. drive - through;
b. sit down;
c. cocktail lounges in conjunction with a restaurant.
50. 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.
51. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building
materials, lawn and garden supplies, farm supplies.
52. Sales and rental of heavy machinery and equipment subject to landscaping requirements of
the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title.
53. Salvage and wrecking operations that are entirely enclosed within a building.
54. Schools and studios for education or selfimprovement.
55. Self- storage facilities.
56. Storage (outdoor) of materials allowed to be manufactured or handled within facilities
conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation,
Recycling/Solid Waste Space Requirements chapter of this title.
57. Studios - art, photography, music, voice and dance.
58. Taverns, nightclubs.
59. Telephone exchanges.
60. Theaters, excluding "adult entertainment establishments ", as defined by this Code.
61. Tow truck operations, subject to all additional State and local regulations.
62. Truck terminals.
63. Warehouse storage and/or wholesale distribution facilities.
64. Other uses not specifically listed in this title, which the Director determines to be:
a. similar in nature to and compatible with other uses permitted outright within this district;
b. consistent with the stated purpose of this district; and
c. consistent with the policies of the Tukwila Comprehensive Plan.
• •
Section 18. Ordinance 1770 §29 and Ordinance 1758 §1 (part), as codified at
Section 18.46.110 of the Tukwila Municipal Code is hereby amended to read as
follows:
18.46.110 Application Procedure Required for PRD Approval
A. Filing of Application. Application for approval of the PRD shall be made on forms prescribed
by the DCD and shall be accompanied by a filing fee as required in the Application Fees chapter
of this title and by the following:
1. Justification for the density increases, or lot size and setback reductions, if requested by
the applicant;
2. Program for development including staging or timing of development;
3. Proposed ownership pattern upon completion of the project;
4. Basic content of any restrictive covenants;
5. Provisions to assure permanence and maintenance of common open space through a
homeowners' association, or similar association, condominium development or other means
acceptable to the City;
6. An application for rezone may be submitted with the PRD application if rezoning is
necessary for proposed density. Fees for rezone request shall be in addition to those of the
PRD application;
7. An application for preliminary plat may be submitted with the PRD application, if
necessary. Fees for the subdivision shall be in addition to those of the PRD application;
8. Graphic images of development in any sensitive area or buffer, including photomontage or
computer - generated perspectives in a standardized format required by the Director;
9. Every reasonable effort shall be made to preserve existing trees and vegetation and
integrate them into the subdivision's design by preparing a tree inventory of the significant
vegetation on -site as part of the preliminary plat application. A tree and vegetation
retention/removal plan shall be part of any preliminary plat application. Such tree and
vegetation retention/removal plan shall assure the preservation of significant trees and
vegetation.
B. City Council Public Hearing.
1. PRD's related to a subdivision or design review permit shall be processed as Type 5
decisions, pursuant to TMC 18.108.050. PRD's related to short plats, boundary line
adjustments or binding site improvement plans shall be processed as Type 2 decisions,
pursuant to TMC 18.108.020.
2. The PRD shall be an exception to the regulations of the underlying zoning district. The
PRD shall constitute a limitation on the use and design of the site unless modified by
ordinance.
Section 19. Ordinance 1758 §1 (part), as codified at Section 18.46.120 of the
Tukwila Municipal Code is hereby amended to read as follows:
18.46.120 Application procedures for Building Permit
The following procedures are required for approval of construction for the proposed planned
residential development:
1. Time Limitation. A complete application for the initial building permit shall be filed by the
applicant within twelve months of the date on which the City Council approved the PRD. An
extension of time for submitting an application may be requested in writing by the applicant, and
an extension not exceeding six months may be granted by the Director. If application for the
initial building permit is not made within twelve months or within the time for which an
tee.
• •
extension has been granted, the plan shall be considered abandoned, and the development of the
property shall be subject to the requirements and limitations of the underlying zone and the
subdivision code.
2. Application. Application for building permit shall be made on forms prescribed by the DCD
and shall be accompanied by a fee as prescribed by the building code.
3. Documentation Required. All schematic plans either presented or required in the approved
PRD plans shall be included in the building permit application presented in finalized, detailed
form. These plans shall include but are not limited to landscape, utility, open space, circulation,
and site or subdivision plans. Final plats and public dedication documents must be approved by
the City Council before the issuance of any building permits.
4. Sureties Required for Staging. If the PRD is to be developed in stages, sureties or other security
device as shall be approved by the City Attorney shall be required for the complete PRD. The
various stages or parts of the PRD shall provide the same proportion of open space and the same
overall dwelling unit density as provided in the final plan.
5. DCD Action. The DCD shall determine whether the project plans submitted with the building
permit are in compliance with and carry out the objectives of the approved PRD. Following
Section 20. Ordinance 1770 §31 and Ordinance 1758 §1 (part), as codified at
Section 18.46.140 of the Tukwila Municipal Code is hereby amended to read as
follows:
18.46.140 Expiration of Time Limits
Construction of improvements in the PRD shall begin within six twelve months from the date of
the issuance of the building/development permit.
An extension of
time for beginning construction may be requested in writing by the applicant, and such extension
not exceeding six months may be granted by the Department upon showing of good cause. If
construction does not occur within 128 months from the date of permit issuance or if this permit
expires the plan shall be considered abandoned, and the development of the property shall be
subject to the requirements and limitations of the underlying zone and the subdivision code-filing
map (Figurc 18 10) and
Section 21. Ordinance 1819 §1 (part), as codified at Section 18.70.030 of the
Tukwila Municipal Code is hereby completely replaced with the following
language:
18.70.030
Tukwila, or,
TYPE OF PERMIT
DECISION MAKER
Building Development Permit
Building Official
r 1til,mii
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
•
** New Section **
18.70.030 Substandard Lots
1. A Lot, as defined in TMC 18.06.500, which does not meet the minimum
dimensional standards for the zone in which it is located may still be developed
as a separate lot if the proposed use is one which is permitted in the zone and the
proposed development can comply with the requirements of this title regarding
basic development standards for the applicable zone and other applicable land
use and environmental requirements.
2. A lot, as defined in TMC 18.06.500, which cannot meet the basic development standards
for the applicable zone and other applicable land use and environmental
requirements may be developed only if it is combined with adjacent lot(s) in a
manner which allows the combined lots to be developed in a manner which does
comply with the basic development standards for the applicable zone and other
applicable land use and environmental requirements. In the event lots are
combined in order to comply with the requirements of this subsection, a
boundary line adjustment shall occur so that the combined lots are henceforth
considered a single lot.
3. Nothing in this subsection shall be deemed to prevent the owner of a substandard
lot from applying for or receiving approval of variances pursuant to TMC Ch.
18.72.
Section 22. Ordinance 2066 §2, Ordinance 2005 §20, Ordinance 1857 §7,
Ordinance 1847 §2, Ordinance 1796 §3, Ordinance 1768 §2(part), as codified at
Section 18.104.010 of the Tukwila Municipal Code is hereby amended to read as
follows:
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of discretion
associated with each decision, as set forth in this section. Procedures for the five different types
are distinguished according to who makes the decision, whether public notice is required, whether
a public meeting and/or a public hearing is required before a decision is made, and whether
administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical expertise as designated
by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed
record appeal hearing based on the information presented to the City administrator who made the
decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Design
Review (TMC 18.60.030)
Community
Development
Director
Board of
Architectural
Review
Administrative Planned
Residential Development
(TMC 18.46 17.08.040)
Short Plat Committee
Hearing Examiner
Short Plat
(TMC 17.08.06012)
Short Plat
Committee
Hearing
Examiner
Binding Site Improvement
Plan
(TMC Chap.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 Shared, Covenant or
Community
Development
Director
City Council
Complimentary
Parking Standards (TMC
18.56.0650 and .070)
Parking standard for use not
Community
City Council
Boundary Line Adjustment,
including Lot Consolidation (TMC
Community
Development
Director
17.08)
Public Works Dire
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
Specified (TMC 18.56.100)
Development
Director
APPEAL BODY
(closed record appeal)
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 Chapter 19.12.020)
Community
Development
Director
Planning
Commission
Sign Area Increase
(TMC 19.32.140)
Community
Development
Director
Planning
Commission
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 18.45.180-14)
Planning
Commission
City Council
Public Hearing Design
Review (TMC Chapter
18.60, 18.56.040 and
Board of
Architectural
Review
City Council
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline,
sidewalk, land alteration, sign)
Hearing Examiner
Resolve uncertain zone
district boundary
Hearing Examiner
D. Type 3 decisions are quasi-judicial decisions
made by the Hearing Examiner following an open
record hearing. Type 3 decisions may be appealed only
to Superior Court, except for shoreline variances that
may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90.58.
TYPE 3 DECISIONS
TYPE 4 DECISIONS
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 OF PERMIT
DECISION MAKER
Subdivision - Preliminary Plat
(TMC 17.14-2.020)
City Council
Subdivision - Final Plat
(TMC 17.142.030)
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
Sensitive Area Master Plan Overlay
City Council
(TMC 18.45.160)
(TMC 18.56.060 or 130)
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
Shoreline Master Program)
Modification to Certain
Variance from Parking
Planning
Commission
City Council
Standards Over 10% (TMC
Chapter 18.56.140)
Modification or Waiver to
Planning
City Council
Loading Zone or Bicycle
Commission
Parking Requirements
(TMC 18.56.060 or 130)
Conditional Use Permit
(TMC Chapter 18.64)
Planning
Commission
City Council
Unique Signs
(TMC 19.28.010)
Planning
Commission
City Council
TYPE 5 DECISIONS
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.
Section 23. Ordinance 1768 §2(part), as codified at Section 18.104.130 of the
Tukwila Municipal Code is hereby amended to read as follows:
18.104.130 Time Periods for Permit Issuance
A. Final decisions by the City on all permits shall be issued within 120 days from the date the
applicant is notified by the Department that the application is complete. The following periods
shall be excluded from this 120 -day period:
1. Any period of time during which the applicant has been requested by any City department,
agency or hearing body with jurisdiction over some aspect of the application to correct plans,
perform required studies, or provide additional information.
The period shall be calculated from the date the applicant is notified of the need for
additional information until the earlier of (a) the date the department, agency or hearing body
determines whether the additional information satisfies the request, or (b) 14 days after the
date the information has been provided to the department, agency or hearing body. If the
department,agency or hearing body determines that the action by the applicant is
insufficient, it shall notify the applicant of the deficiencies and the procedures of this section
shall apply as if a new request for information had been made.
If the applicant fails to provide a requested correction or additional information within 90
days of the request the Department may cancel the application due to inactivity.
2. The period of time during which an environmental impact statement is being prepared
following a determination of significance pursuant to RCW 43.21C.
3. A period of no more than 90 days for an open record appeal hearing on a Type 2 land use
decision, and no more than 60 days for a closed record appeal on a Type 4 land use decision
appealable to the City Council.
4. Any additional time period for administrative review agreed upon by the Department
and the applicant.
5. Any additional time period agreed upon by the Department, the applicant and any parties
to an appeal.
6. Any period of time during which an applicant fails to post the property, if permit
processing is suspended by the Department pursuant to TMC 18.104.110.
B. The time limits established in this section shall not apply if a project permit application
requires an amendment to the comprehensive plan or a development regulation.
C. The time limitations established in this section shall not apply to street vacations or other
approvals related to the use of public areas or facilities issued pursuant to TMC Title 11.
D. If a final decision cannot be issued within the time limits established by this section, the
Department shall provide written notice of this fact to the project applicant. The notice shall
include a statement of reasons why the time limits have not been met and an estimated date for
issuance of the notice of final decision.
Section 24. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of 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 25. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full
force and effect five (5) days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a Regular Meeting thereof this day of
, 2005.
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
Steven M. Mullet, Mayor
City of Tukwila
City Council Committee of Whole Meeting Minutes
• •
Page 6 of 8
June 13, 2005
For considerationlaction, consensus existed to forward a proposed resolution to the June 20
Regular meeting.
f. Proposed Zoning Code amendments (nine total)
Nora Gierloff, Planning Supervisor, Department of Community Development, presented (a group of) nine
proposed Zoning Code amendments ranging from "minor housekeeping or clarification to policy decisions
about allowed uses and development standards." Already considered by the Community Affairs and
Parks Committee as well as the Planning Commission, the proposed amendments must now be decided
by Council.
The Planning Supervisor noted eight of the proposed amendments are fairly straightforward, non-
controversial and approved by those who have already reviewed their contents. One issue which is not
so straightforward or easy to settle deals with manufactured homes in residential zones and their related
roof pitches.
Ms. Gierloff informed Council that in 2004, the Washington State Legislature passed a law which requires
manufactured houses to be treated similarly to stick -built or modular homes. This means the City of
Tukwila cannot exclude manufactured housing from individual lots in the LDR, MDR or HDR zones — as is
currently the practice. What the City may do, however, is impose design standards which would apply to
all new single family houses.
Relative to this issue, Council considered the recommendation of the Community Affairs and Parks
Committee relative to the following design standards:
1. A one -car or larger attached garage unless the lot has alley access, in which case the
garage could be detached in the back yard.
2. A front door facing the front yard setback.
3. A minimum roof pitch of 5:12.
Discussed at length was the issue of roof pitch. Several offered personal opinions. Pitches of 5:12 and
3:12 were discussed until someone raised the idea of a 4:12 pitch. That option will be further explored.
Also discussed was personal preference /opinion on detached garages versus those which are attached.
Council spoke in favor of being flexible on the garage issue.
Pictures presented to Council for this meeting on potential roof pitches were difficult to read as they did
not copy well. For that reason, Ms. Gierloff was asked to present others at the public hearing in July.
Council consensus existed to retain requirements specific to manufactured housing (as set by the State)
which include:
1 only new manufactured homes may be used outside of mobile home parks;
2. manufactured homes must be set on a permanent foundation with the space from the
bottom of the home to the ground enclosed by concrete or approved concrete product
which is either load bearing or decorative;
3. manufactured homes must be thermally equivalent to the State Energy Code; and
4. manufactured homes must be at least "double" wide
The Planning Supervisor then briefly reviewed the remaining proposed amendments relative to residential
short plats in commercial zones, condominium conversions, expiration of expired permits, kennels as
conditional uses in the TUC, administrative planned residential developments, lot of record changes,
minor corrections in TMC cites and use definitions.
Consensus existed to forward this item to July 18 for a public hearing.
TO:
BACKGROUND
PROPOSED CHANGES
NG
Q:ACODGAMND \6- I3COW.DOC
City of Tukwila
Mayor Mullet
Committee of the Whole
FROM: Steve Lancaster, DCD Director
RE: Proposed Code Amendments
DATE: June 7, 2005
A. Manufactured Homes in Residential Zones
The Planning Commission endorsed the CAP's recommendations for all items except the new
design standards to apply to all single family houses, including manufactured homes. The
Commission did not want to require that all new single- family houses have an attached garage,
front door that faced the street or a minimum roof pitch of 5:12. They did support a minimum
roof pitch requirement of 3:12, with an exception process through the DCD Director for flat
roofs on architecturally designed houses.
The PC recommendation was presented to CAP on May 24 The Committee decided to
reinstate their original design standards, however they wanted allow detached garages for alley
accessed lots only.
'age I of I 06 %07'2005 3:42 I'M
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
MEMORANDUM
On March 15 Staff presented a group of 10 Zoning Code amendments to the CAP. The topics
ranged from minor housekeeping or clarification to policy decisions about allowed uses and
development standards. The Committee chose a preferred option for each topic. Staff then
worked to translate this policy direction into code language. We decided that the new section
dealing with Mobile /Manufactured Home Parks needed additional work so that was pulled out to
be handled separately. The other 9 items were presented to the Planning Commission at a public
hearing on April 28
The CAP recommendations are reflected in the strikeout /underline Code language in Attachment
A. The changes are discussed below.
The 2004 State Legislature passed legislation requiring that manufactured housing be treated
similarly to other types of housing (stick built or modular), see Attachment B. This means that
Tukwila cannot exclude manufactured housing from individual lots in the LDR, MDR and HL)R
zones as is our current practice. We can however impose design standards that would apply to
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
all new single family houses, see TMC 18.50.050 in Attachment A. The CAP is recommending
the following design standards:
Options:
a) A one car or larger attached garage unless the lot has alley access, in which case
the garage could be detached in the rear yard;
b) A front door facing the front yard setback;
c) A minimum roof pitch of 5:12.
Manufactured House with 3:12 Roof Pitch
The requirement that a front door must open on to the front or second front yard would not
necessarily produce a consistent streetscape as we have typically granted some flexibility in
determining which yard is the front when the lot does not touch a public right -of -way.
SeaTac, Renton, Burien and Kent all allow manufactured housing in single family residential
areas subject only to the state allowed requirements.
1) Retain the CAP recommended single family design standards;
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Manufactured House with 5:12 Roof Pitch
The COW should consider the attached garage recommendation in the context of the cottage
housing proposal. We are currently considering changes to our code to encourage new housing
types, not all of which typically have attached garages.
The Commission and CAP retained the requirements specific to manufactured housing allowed
by the State:
a) only new manufactured homes may be used outside of mobile home parks,
b) the manufactured home must be set on a permanent foundation with the space from
the bottom of the home to the ground enclosed by concrete or an approved concrete
product that can be either load bearing or decorative,
c) the home must be thermally equivalent to the state energy code, and
d) the home must be at least a "double wide ".
C. Condominium Conversions
•
2) Apply one or two of the above standards to all houses; or
3) Follow the PC recommendation that only imposes the standard State
regulations on manufactured homes, including the definition of "designated
manufactured home," see attached RCW code language.
B. Residential Short Plats in Commercial Zones
The Zoning Code allows for one single family house per lot in the MUO, 0, RCC, NCC and
TVS zones which are primarily intended for light commercial and multi - family uses. However,
some of these zones have either no minimum lot size, or lot sizes as small as 5,000 square feet
while LDR, our single family zone, has a 6,500 square foot minimum lot size. This has created
interest among developers in short platting commercial land for single family residential
development. The PC concurred with CAP's recommendation to adopt a clarification that single
family houses are only allowed on existing lots, not those created through new short plats.
The Zoning Code requires that an apartment building owner obtain an Unclassified Use Permit
from the City Council prior to converting the units to condominiums for individual sale. The
UUP process is time consuming and may discourage the owner of a troubled apartment building
from considering that alternative. State law (RCW 64.34.440) has requirements for tenant
notification, first right of refusal and public offering statements that disclose any building,
mechanical or electrical code violations to prospective purchasers.
The PC concurred with the CAP's recommendation to repeal the UUP requirement. Under the
International Housing Code, unlike the Uniform Building Code, the conversion of an apartment
building to condominiums is a change in Occupancy Classification Group. This requires an
inspection and corrections to any code violations before issuance of a new Certificate of
Occupancy. Therefore no additions to the Zoning Code are required to implement the CAP's
recommendation that the building be inspected and code violations addressed prior to sale.
D. Expiration of Inactive Permits
Currently if an applicant for a land use permit does not resubmit in response to a Notice of
Incomplete Application within 90 days the Department can close the permit. However, once the
application is complete there is no mechanism to close an inactive permit when the applicant
does not respond to a request for more information. The PC concurred with CAP's
recommendation to extend the 90 day response requirement to complete permits.
E. Kennels as Conditional Uses in the TUC
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•
The City has been approached by a representative from PetsMart about the possibility of adding
a "pet hotel" for dog and cat boarding within their existing store. Kennels for 4 or more cats or
dogs are a conditional use in the RC, RCM, C /LI, LI, HI and TVS zones but are not permitted at
all in TUC. Animal veterinary clinics with associated temporary indoor boarding are allowed
outright in all zones except 0, LI, HI, MIC /L and MIC /H. The PC concurred with CAP's
recommendation allowing indoor kennels as a conditional use in the TUC.
F. Administrative Planned Residential Developments
When the City updated the Subdivision Ordinance in 1997 the reference to administrative PRDs
was inadvertently deleted. It has been DCD's practice that if an applicant with property
containing a wetland or watercourse chose to apply for the lot size or setback reductions allowed
under the PRD chapter the process would follow the type of the underlying permit. The PC
concurred with CAP's recommendation to codify this practice in the PRD chapter for clarity.
There are two expiration deadlines for PRDs, see TMC 18.46.120. The first requirement is that a
complete building permit for the application be submitted within 12 months of the date of City
Council approval. The second requirement is that once DCD determines that the building permit
is in conformance with the approval the City Clerk shall record a copy of the PRD with King
County and amend the zoning of the site with a PRD suffix. Construction of improvements must
begin within 12 months from the date of the City Clerk filing. In practice the City has not
recorded the PRD separately with King County or modified the site zoning with the suffix. The
PC concurred with CAP's recommendation to change the second deadline to require that
construction begin within 6 months of building permit issuance. If that building permit expires,
so would the PRD approval.
G. Lot of Record Changes
Tukwila's current definitions of lot and site don't clearly define the circumstances under which a
parcel is considered a separate, buildable lot. The City Attorney has reviewed our code language
and suggested changes that will tie our definitions to the requirements of State law. See
Attachment A for the new language.
In addition the City Attorney recommends replacing TMC 18.70.030 Preexisting Legal Lots of
Record with amended language clarifying the development rights for substandard lots. We
would continue to allow lots that do not meet current size requirements to be developed, so long
as they can meet current development, land use and environmental standards. If they could not
meet standards they would have to be consolidated with an adjoining lot or request a variance.
The PC concurred with CAP's support for all of these proposed changes.
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H. Housekeeping
There are several outdated or incorrect TMC citations at TMC 18.104.010. Staff would like to
update, correct or delete these references, see Attachment A for the revised tables. The PC
concurred with CAP's support for all of these housekeeping changes.
I. Use Definition
To address a recent concern regarding the application of the non - conforming use chapter, the
City Attorney proposes that the definition of use be changed, see Attachment A for the new
language. The PC concurred with CAP's support of this proposed change.
REQUESTED ACTION
• •
Set a date for a public hearing on the proposed code amendments.
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Proposed Changes
Explanation
• ! • L • • - •• • • - •• •
Manufactured Homes in LDR, MDR, HDR
They are two different types of structures and
will be regulated differently.
will
..! :. :, : . . • . . . :. .
"Manufactured home dwelling" "mobile home
or
))
..
- - -
bearing
site, an
insignia issued by the State Washington
of certifying
it is built in the Federal Manufactured Housing Construction and
that compliance with
Safety Standards for homes.
manufactured
18.06.2XX Dwelling, Manufactured Home
Manufactured Homes in LDR, MDR, HDR
This is the Washington State Labor and
Industry (L &I) Department definition. L &I
regulate the manufactured home industry.
They inspect the construction of homes in the
factories, apply the appropriate insignia onto
the homes and issue and inspect any
alterations of the home after it has left the
factory.
"Dwelling, Manufactured Home" means a single- family dwelling required to be built in
accordance with the regulations adopted under the national manufactured housing
construction and safety standards act of 1974.
18.06.2XX Dwelling, Mobile Home
Manufactured Homes in LDR, MDR, HDR
This is the Washington State Labor and
Industry (L &I) Department definition.
"Dwelling, Mobile Home" means a factory built dwelling constructed before June 15,
1976 to standards other than the national manufactured housing construction and safety
standards act of 1974 and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into this state.
18.06.255 Dwelling, Single- Family
"Single Family dwelling" means a building, er- modular home, other than a mobile or
new manufactured home, designed to contain no more than one dwelling unit plus one
Manufactured Homes in LDR, MDR, HDR
This change redefines single family dwelling
to include certain types of manufactured
homes.
accessory dwelling unit.
Attachment A — Draft Zoning Code Changes
The code changes necessary to implement the CAP recommendations are listed below in the order they would appear in the
Zoning Code. The bold title in the explanation column references which issue is addressed by the specific code change. The PC
recommendations are explained in italics.
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18.06.500 Lot
"Lot" means a physically separate and distinct parcel of property which has been fa) was
Lot of Record Changes
Tukwila's current definition of lot doesn't
clearly define the circumstances under which
a parcel is considered a separate, buildable
lot. The City Attorney has reviewed our code
language and suggested the following changes
that will tie our definition to the requirements
of State law.
by binding - •
created plat, short plat, or site plan, or . : : - :
history, (b) was bought or sold as separately owned parcel of property used as a separate
legal building to the that lots be by short or
site prior requirement created plat, plat,
binding site plan.. -, or (c) was created by a transaction which was exempt from the
requirement that lots be created by plat, short plat or binding site plan. "Lots" may be
bought or sold as separate parcels of property but the fact that a parcel of property is
defined as a "lot" does not necessarily mean that it may developed as a separate building
site.
18.06.XXX New manufactured home
Manufactured Homes in LDR, MDR, HDR
This is the state definition from RCW
35.63.160.
"New manufactured home" means any manufactured home required to be titled under
Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a
"used mobile home" as defined in RCW 82.45.032(2).
18.06.780 Site
"Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are
Lot of Record Changes
Tukwila's current definition of site isn't clear
that a site can include multiple lots. The City
Attorney has reviewed our code language and
suggested the following changes that will tie
our definition to the requirements of State
law.
proposed as the location for a development, as defined in TMC 18.06.210, or for some
other activity which requires a permit or approval pursuant to TMC titles 16, 17 or 18.
• - • r -
` ` ` ` " ` "' "' "'
taxes the County Assessor's Office.
assessing with
TMC 18.06.865 Use
Use means the nature of the activities taking place on private property or within
Use Definition
To address a recent concern regarding the
application of the non - conforming use
chapter, the City Attorney proposes that the
definition of use be changed.
the type the form of
structures thereon occupancy, of activity, or character and
•' ' '
- - - •
18.XX.050 Unclassified Uses
- - - • - -
Condominium Conversions
Conversions of apartments to condominiums
would be removed from the list of
Unclassified Uses in the MDR, HDR, MUO,
RCM, and TUC.
x. • • - - - - • - - - • - -
- • - - - '
• - • -, • • - - _ - - - - - - . -
•
'
• • • - • • • -
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18.XX.020 Permitted Uses
x. Dwelling — One detached single family dwelling per existing lot.
Residential Short Plats in Commercial
Zones This change would be made to the
MUO, 0, RCC, NCC and TVS zones.
18.28.040 Conditional Uses
Kennels as Conditional Uses in the TUC
x. Indoor animal shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
18.46.110 Application Procedure Required for PRD Approval
A. Filing of Application. Application for approval of the PRD shall be made on forms
prescribed by the DCD and shall be accompanied by a filing fee as required in the
Application Fees chapter of this title and by the following:
1. Justification for the density increases, or lot size and setback reductions, if
requested by the applicant;
2. Program for development including staging or timing of development;
3. Proposed ownership pattern upon completion of the project;
4. Basic content of any restrictive covenants;
5. Provisions to assure permanence and maintenance of common open space
through a homeowners' association, or similar association, condominium
development or other means acceptable to the City;
6. An application for rezone may be submitted with the PRD application if rezoning
is necessary for proposed density. Fees for rezone request shall be in addition to
those of the PRD application;
7. An application for preliminary plat may be submitted with the PRD application, if
necessary. Fees for the subdivision shall be in addition to those of the PRD
application;
8. Graphic images of development in any sensitive area or buffer, including
photomontage or computer - generated perspectives in a standardized format required
by the Director;
9. Every reasonable effort shall be made to preserve existing trees and vegetation
and integrate them into the subdivision's design by preparing a tree inventory of the
significant vegetation on -site as part of the preliminary plat application. A tree and
vegetation retention /removal plan shall be part of any preliminary plat application.
Such tree and vegetation retention /removal plan shall assure the preservation of
significant trees and vegetation.
Administrative Planned Residential
Developments
It has been DCD's practice that if an applicant
with property containing a wetland or
watercourse chose to apply for the lot size or
setback reductions allowed under the PRD
chapter the process would follow the type of
the underlying permit. This change will
codify this practice in the PRD chapter for
clarity.
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B. City Council Public Hearing.
1. PRD's related to a subdivision or design review permit shall be processed as Type
5 decisions, pursuant to TMC 18.108.050. PRD's related to short plats, boundary
line adjustments or binding site improvement plans shall be processed as Type 2
decisions, pursuant to TMC 18.108.020.
2. The PRD shall be an exception to the regulations of the underlying zoning
district. The PRD shall constitute a limitation on the use and design of the site
unless modified by ordinance.
18.46.120 Application procedures for Building Permit
The following procedures are required for approval of construction for the proposed
planned residential development:
1. Time Limitation. A complete application for the initial building permit shall be filed by
the applicant within twelve months of the date on which the City Council approved the
PRD. An extension of time for submitting an application may be requested in writing by
the applicant, and an extension not exceeding six months may be granted by the Director.
If application for the initial building permit is not made within twelve months or within
the time for which an extension has been granted, the plan shall be considered
abandoned, and the development of the property shall be subject to the requirements and
limitations of the underlying zone and the subdivision code.
2. Application. Application for building permit shall be made on forms prescribed by the
DCD and shall be accompanied by a fee as prescribed by the building code.
3. Documentation Required. All schematic plans either presented or required in the
approved PRD plans shall be included in the building permit application presented in
finalized, detailed form. These plans shall include but are not limited to landscape,
utility, open space, circulation, and site or subdivision plans. Final plats and public
dedication documents must be approved by the City Council before the issuance of any
building permits.
4. Sureties Required for Staging. If the PRD is to be developed in stages, sureties or
other security device as shall be approved by the City Attorney shall be required for the
complete PRD. The various stages or parts of the PRD shall provide the same proportion
of open space and the same overall dwelling unit density as provided in the final plan.
5. DCD Action. The DCD shall determine whether the project plans submitted with the
building permit are in compliance with and carry out the objectives of the approved
DCD, the City Clerk file of the approved
Administrative Planned Residential
Developments
There are two expiration deadlines for PRDs,
see TMC 18.46.120 and 140. The first
requirement is that a complete building permit
fo the application be submitted within 12
months of the date of City Council approval.
The second requirement is that once DCD
determines that the building permit is in
conformance with the approval the City Clerk
shall record a copy of the PRD with King
County and amend the zoning of the site with
a PRD suffix. Construction of improvements
must begin within 12 months from the date of
the City Clerk filing. In practice the City has
not recorded the PRD separately with King
County or modified the site zoning with the
suffix.
PRD. Following approval of the shall a copy
• -
.. \ - - - - . - - -
. . . . _
' '
King County Department Records Elections. After all approvals, the official
of and
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18 10) be to the PRD by the
zoning map (Figure shall amended reflect adding suffix
18.46.140 Expiration of Time Limits
Construction of improvements in the PRD shall begin within six twelve months from the
date of the issuance of the building /development permit. If this permit expires the plan
Administrative Planned Residential
Developments
The CAP recommended that we change the
second deadline to require that construction
beg within 6 months of building permit
issuance. If that building permit expires, so
would the PRD approval.
shall be considered abandoned, and the development of the property shall be subject to
the requirements and limitations of the underlying zone and the subdivision code. filing
final PRD by the City Clerk in the Planned Residential
of the plan as provided
District this title. An of time for beginning
went chapter of extension
construction may be requested in writing by the applicant, and such extension not
exceeding six months may be granted by the Department upon showing of good cause. If
from date issuance filing
construction does not occur within 128 months the of permit of
by City Clerk, PRD be dropped from the official
PRD plans the the zoning suffix shall
18 10) the zoning revert to the underlying designation
zoning map (Figure and shall
** New Section **
18.50.050 Single Family Dwelling Design Standards
All single family dwellings constructed under building permits submitted to the City
after July 15, 2005 must:
A. be set upon a permanent foundation with the space from the bottom of the home
to the ground enclosed by concrete or an approved concrete product that can be
either load bearing or decorative;
B. if a manufactured home, be comprised of at least two fully enclosed parallel
sections each of not less than twelve feet wide by thirty -six feet long;
C. be thermally equivalent to the state energy code;
D. have a one car or larger attached garage, unless the garage is accessed from an
Manufactured Homes in LDR , MDR,
HDR
This new section would implement the
design standards that the CAP recommended
be applied to all single family dwellings.
The PC was concerned that item B would
require stick - built houses to be at least 24
feet wide, but they wanted to retain the
"double wide" requirement.
The PC did not see the need to require any
type of garage.
The PC thought that the front door
requirement would be confusing on irregular
lots or those fronting private access
easements.
alley in which case it can be detached in the rear of the house;
E. have the front door facing the front or second front yard street;
F. have a roofing material that is residential in appearance including but not limited
to wood shakes or shingles, asphalt composition shingles or tile with a minimum
roof pitch of 5:12; and
G. have exterior siding that is residential in appearance including but not limited to
nal vinyl siding, fiber -
wood clapboards, shingles or shakes, brick, conventional
m or - ,oerink
n_rn,nnnc;ta PI ?i,,,-,, T11,,,, Clfiln nr Clll n t
nt CI InCT ,n A n Tl.]TT
ranna ,4 ,,
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cement siding, wood- composite panels, aluminum siding or similar materials.
Materials such as smooth, ribbed or corrugated metal or plastic panels are not
acceptable.
The PC thought that a 3:12 roof pitch was
acceptable and wanted to allow flat roofs
with special permission by the DCD
Director.
18.70.030 ' • 9 •
Lot of Record Changes
The existing section in the non - conforming
chapter will be completely replaced by the
new language that follows.
_ _ _ _ : . . .
' ' ' -- ' .. - - ' '
- - _ • - - • - - • - • .
have that in its if
uses are permitted zone,
I. The lot legally before the date incorporation the
size was established effective of of
City Tukwila,
of or,
2. The lot legal lot b • - :
was a when annexed .,
3. The lot legally to the date City of Tukwila
was established prior effective of any
** New Section **
Substandard Lots
1. A Lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional
standards for the zone in which it is located may still be developed as a separate lot if the
proposed use is one which is permitted in the zone and the proposed development can
comply with the requirements of this title regarding basic development standards for the
applicable zone and other applicable land use and environmental requirements.
2. A lot, as defined in TMC 18.06.500, which cannot meet the basic development
standards for the applicable zone and other applicable land use and environmental
requirements may be developed only if it is combined with adjacent lot(s) in a manner
which allows the combined lots to be developed in a manner which does comply with the
basic development standards for the applicable zone and other applicable land use and
environmental requirements. In the event lots are combined in order to comply with the
requirements of this subsection, a boundary line adjustment shall occur so that the
combined lots are henceforth considered a single lot.
3. Nothing in this subsection shall be deemed to prevent the owner of a substandard lot
from applying for or receiving approval of variances pursuant to TMC Ch. 18.72.
!.! , • • • • • • - •• •
Manufactured Homes in LDR, MDR, HDR
This section of the nonconforming chapter
outlines when a newer manufactured home
.. :. . . : . . . . .
• - - - -
-- _ • • _ - • - • -
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- •- • :
may replace a legally preexisting
manufactured home. This is no longer needed
as under the proposed code changes
manufactured homes may be placed in any
residential zone. These requirements have
been incorporated into the definitions and
design standards above.
• • - - - _ • - • :
1. Shall have that is
roofing material
'
• . • • • - • - :, ' • - - • • - - • •'
' ' ' ' '
• • ' - - - ' ' ' ' ' - - ' ' ' - - -
2. have three
a minimum roof pitch of
inch for twelve inches 250 /o;
rise ach of run, or about
3. Shall be installed in with
accordance
d. Shall have that is residential
exterior-siding
5. Shall have the hitch,
axles and wheels removed.
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five different types are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and/or a public hearing is required
before a decision is made, and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical expertise as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner
who will hold a closed record appeal hearing based on the information presented to the
City administrator who made the decision. Public notice is not required for Type 1
decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
Housekeeping
The Public Works Department and the Permit
Center have adopted new regulations and
changed the names of some permits, making
some Type 1 categories obsolete.
TYPE OF PERMIT
DECISION MAKER
Bui -lding Development Permit
Building Official
' • D-
Utility Permit
. : . :
Sign Permit, except for those sign
Community
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sign permits which are appealable
Boundary Line Adjustment,
including Lot Consolidation (TMC
17.08)
Land Alteration
Minor Modification to PRD
(TMC 18.46.130)
Minor modification to BAR approved
design (TMC 18.60.030)
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
TYPE OF PERMIT
Administrative Design
Review (TMC 18.60.030)
Administrative Planned
Residential Development
(TMC 18.46 17.08.010)
Short Plat
(TMC 17.08. 06012)
Binding Site Improvement
Plan
(TMC Chap.17.16)
Community
Development
Director
Public Works Director
Community Development Director
Community Development Director
As specified by Ordinance
C. Type 2 decisions are decisions which are initially made by the Director or, in certain
cases, other City administrators or committees, but which are subject to an open record
appeal to the Hearing Examiner, Planning Commission, City Council, or, in the case of
shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW
90.58.
TYPE 2 DECISIONS
INITIAL DECISION
MAKER
Community
Development
Director
Short Plat Committee
Short Plat
Committee
Short Plat
Committee
APPEAL BODY
(open record appeal)
Board of
Architectural
Review
Hearing Examiner
Hearing
Examiner
Hearing
Examiner
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Shoreline Substantial
Development
Permit (TMC
Chapter 18.44)
Decision regarding
Sensitive Areas
(except Reasonable Use
Exception) (TMC
18.45.125)
Special Permission Parking,
and Shared, Covenant or
Complimentary
Parking (TMC
18.56.0658 and .070)
Parking standard for use not
Specified (TMC 18.56.100)
Code Interpretation
(TMC 18.90.010)
Special Permission Sign,
except "unique sign"
(various sections of TMC
Title 19)
Sign Permit Denial
(TMC Chapter 19.12.020)
Sign Area Increase
(TMC. 19.32.140)
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
State Shoreline
Hearings Board
Planning
Commission
City Council
City Council
Hearing
Examiner
Planning
Commission
Planning
Commission
Planning
Commission
D. Type 3 decisions are quasi-judicial decisions
made by the Hearing Examiner following an open
record hearing. Type 3 decisions may be appealed only
to Superior Court, except for shoreline variances that
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TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline,
sidewalk, land alteration, sign)
Hearing Examiner
Resolve uncertain zone
district boundary
Hearing Examiner
may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90.58.
TYPE 3 DECISIONS
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
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Loading Zone or Bicycle
Commission
Parking Requirements
(TMC 18.56.060 or 130)
Conditional Use Permit
(TMC Chapter 18.64)
Planning
Commission
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 17.142.020)
City Council
Subdivision - Final Plat
(TMC 17.142.030)
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
Sensitive Area Master Plan Overlay
City Council
(TMC 18.45.160)
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
18.104.130 Time Periods for Permit Issuance
A. Final decisions by the City on all permits shall be issued within 120 days from the
date the applicant is notified by the Department that the application is complete. The
following periods shall be excluded from this 120 -day period:
1. Any period of time during which the applicant has been requested by any City
department, agency or hearing body with jurisdiction over some aspect of the
application to correct plans, perform required studies, or provide additional
information.
Expiration of Inactive Permits
Currently if an applicant for a land use permit
does not resubmit in response to a Notice of
Incomplete Application within 90 days the
Department can close the permit. The
proposed change would extend that ability to
close an inactive permit to include
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The period shall be calculated from the date the applicant is notified of the need for
additional information until the earlier of (a) the date the department, agency or
hearing body determines whether the additional information satisfies the request, or
(b) 14 days after the date the information has been provided to the department,
agency or hearing body. If the department,agency or hearing body determines that
the action by the applicant is insufficient, it shall notify the applicant of the
deficiencies and the procedures of this section shall apply as if a new request for
information had been made.
If the applicant fails to provide a requested correction or additional information
within 90 days of the request the Department may cancel the application due to
inactivity.
2. The period of time during which an environmental impact statement is being
prepared following a determination of significance pursuant to RCW 43.21C.
3. A period of no more than 90 days for an open record appeal hearing on a Type 2
land use decision, and no more than 60 days for a closed record appeal on a Type 4
land use decision appealable to the City Council.
4. Any additional time period for administrative review agreed upon by the
Department
and the applicant.
5. Any additional time period agreed upon by the Department, the applicant and any
parties to an appeal.
6. Any period of time during which an applicant fails to post the property, if permit
processing is suspended by the Department pursuant to TMC 18.104.110.
B. The time limits established in this section shall not apply if a project permit
application requires an amendment to the comprehensive plan or a development
regulation.
C. The time limitations established in this section shall not apply to street vacations or
other approvals related to the use of public areas or facilities issued pursuant to TMC
Title 11.
D. If a final decision cannot be issued within the time limits established by this section,
the Department shall provide written notice of this fact to the project applicant. The
notice shall include a statement of reasons why the time limits have not been met and an
estimated date for issuance of the notice of final decision.
applications that have been declared
complete.
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• •
Community and Parks Committee
May 24, 2005
Page 2
The land costs are high enough that the developer wants to get a good return on investment,
which he /she cannot do with trailers. Dennis also raised the issue of neighborhoods being very
wary of changes in density, types of housing, and rental housing.
Joan initially thought allowing up to 36 cottage homes in a development was too many, but after
hearing that developers sometimes require 36 homes to make a development profitable enough to
build, she changed her mind and thought 36 homes could be allowed. The size and location of a
development would be important. Dennis worried about a large development going into a
neighborhood when it would be surrounded by traditional housing.
The current site for a very draft proposal for non - traditional housing is below the hospital and
adjacent to the cemetery on one side and the large back yard of the veterinary office on Military.
Matt said the design review process would help ensure the buildings in a demonstration site were
attractive. Dennis' comments concerning changing the character of a neighborhood could be
calmed by a demonstration that showed different methods of housing in an area like the proposed
demonstration site. To do a project like this would take a large amount of land, and those large
parcels are generally not in the middle of densely populated areas.
Joan said she supported cottage housing that was not cookie cutter in appearance, but had
modulation and pitched roofs instead. Steve mentioned that often this new type of housing is not
cheap, and may not be as easily rented as something less expensive. The Committee members
had some comments about the draft demonstration housing outline. Joe said he would like
pictures of how some of these areas could look. Refer issue to COW.
3. Proposed Code Amendments The set of zoning code amendments that addressed changes
required by state law regarding manufactured housing as well as some other changes was sent
from the Committee to the Planning Commission. The Commission held a hearing and endorsed
the Committee's recommendation on all the items except the manufactured housing section. The
Commission did not want to require all new single- family houses to have an attached garage,
have a front door that faced the street, or have a minimum roof pitch of 5:12. The Committee
agreed to reinstate their original design standards for a 5:12 pitched roof, a front door that faces
the front yard, and they wanted to allow detached garages for alley- accessed lots. The issue of
requiring attached garages on manufactured homes can still be kept if detached garages can be
dealt with separately. Dennis asked that the Planning Commission minutes be included in the
Council packet. Recommend code amendments to COW.
4. Comp Plan Amendment Update Two proposed changes to the comprehensive plan were
submitted for 2005. The first in the Tukwila Public Works Transportation Element of the comp
plan. The other was a request from a resident on Orillia Road who wanted a zoning designation
though he is outside the Potential Annexation Area. Steve has asked that person to wait until
annexation for his request, which the applicant has agreed to. The Transportation Plan is
scheduled for the end of this year. Information.
TO: Mayor Mullet
Community Affairs and Parks Committee
FROM: Steve Lancaster, DCD Director �r
RE: Proposed Code Amendments
DATE: May 18, 2005
BACKGROUND
PROPOSED CHANGES
• •
MEMORANDUM
On March 10 Staff presented a group of 10 Zoning Code amendments to the CAP. The topics
ranged from minor housekeeping or clarification to policy decisions about allowed uses and
development standards. The Committee chose a preferred option for each topic. Staff then
worked to translate this policy direction into code language. We decided that the new section
dealing with Mobile/Manufactured Home Parks needed additional work so that was pulled out to
be handled separately. The other 9 items were presented to the Planning Commission at a public
hearing on April 28`
The Planning Commission recommendations are reflected in the strikeout/underline Code
language in Attachment A. They endorsed the CAP's recommendations for all items except the
new design standards to apply to all single family houses, including manufactured homes. The
changes they recommended are discussed below.
A. Manufactured Homes in Residential Zones
The 2004 State Legislature passed legislation requiring that manufactured housing be treated
similarly to other types of housing (stick built or modular). This means that Tukwila cannot
exclude manufactured housing from individual lots in the LDR, MDR and HDR zones as is our
current practice. We can however impose design standards that would apply to all new single
family houses, see TMC 18.50.050 in Attachment A. The CAP recommended the following
design standards:
a) A one car or larger attached garage;
b) A front door facing the street;
c) A minimum roof pitch of 5:12.
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Q96
Options:
S
The Commission rejected a) and b) and recommended that c) be changed back to the current
3:12 requirement. They recommended an administrative exception process be developed to
allow roofs flatter than 3:12 upon special permission from the DCD Director.
Manufactured House with 3:12 Roof Pitch
Manufactured House with 5:12 Roof Pitch
The CAP should consider the attached garage recommendation in the context of the cottage
housing proposal. We are currently considering changes to our code to encourage new housing
types, not all of which typically have attached garages. This may also discourage alley- accessed
garages.
If the CAP decided to reinstate the requirement that a front door must face the street we would
have to decide how to apply that in cases where new lots are short platted off of private access
roads. We could say that the front door must open on to the front or second front yard. This
would not necessarily produce a consistent streetscape as we have typically granted some
flexibility in determining which yard is the front when the lot does not touch a public right -of-
way.
The Commission retained the requirements specific to manufactured housing:
a) only new manufactured homes may be used outside of mobile home parks,
b) the manufactured home must be set on a permanent foundation with the space from
the bottom of the home to the ground enclosed by concrete or an approved concrete
product that can be either load bearing or decorative,
c) the home must be thermally equivalent to the state energy code, and
d) the home must be at least a "double wide ".
The Cities of SeaTac and Burien have previously amended their Zoning Codes to allow
manufactured and modular homes in single family zones, subject to the standard State
requirements for size, skirting and residential siding materials.
1) Revert back to the original CAP proposal to require all houses to have doors
facing the front yard, attached garages and 5:12 roof pitch;
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C. Condominium Conversions
• •
2) Apply one or two of the above standards to all houses; or
3) Follow the PC recommendation that only imposes the standard State
regulations on manufactured homes, including the definition of "designated
manufactured home" see attached RCW code language.
B. Residential Short Plats in Commercial Zones
The Zoning Code allows for one single family house per lot in the MUO, 0, RCC, NCC and
TVS zones which are primarily intended for light commercial and multi- family uses. However,
some of these zones have either no minimum lot size, or lot sizes as small as 5,000 square feet
while LDR, our single family zone, has a 6,500 square foot minimum lot size. This has created
interest among developers in short platting commercial land for single family residential
development. The PC concurred with CAP's recommendation to adopt a clarification that single
family houses are only allowed on existing lots, not those created through new short plats.
The Zoning Code requires that an apartment building owner obtain an Unclassified Use Permit
from the City Council prior to converting the units to condominiums for individual sale. The
UUP process is time consuming and may discourage the owner of a troubled apartment building
from considering that alternative. State law (RCW 64.34.440) has requirements for tenant
notification, first right of refusal and public offering statements that disclose any building,
mechanical or electrical code violations to prospective purchasers.
The PC concurred with the CAP's recommendation to repeal the UUP requirement. Under the
International Housing Code, unlike the Uniform Building Code, the conversion of an apartment
building to condominiums is a change in Occupancy Classification Group. This requires an
inspection and corrections to any code violations before issuance of a new Certificate of
Occupancy. Therefore no additions to the Zoning Code are required to implement the CAP's
recommendation that the building be inspected and code violations addressed prior to sale.
D. Expiration of Inactive Permits
Currently if an applicant for a land use permit does not resubmit in response to a Notice of
Incomplete Application within 90 days the Department can close the permit. However, once the
application is complete there is no mechanism to close an inactive permit when the applicant
does not respond to a request for more information. The PC concurred with CAP's
recommendation to extend the 90 day response requirement to complete permits.
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E. Kennels as Conditional Uses in the TUC
• •
The City has been approached by a representative from PetsMart about the possibility of adding
a "pet hotel" for dog and cat boarding within their existing store. Kennels for 4 or more cats or
dogs are a conditional use in the RC, RCM, C /LI, LI, HI and TVS zones but are not permitted at
all in TUC. Animal veterinary clinics with associated temporary indoor boarding are allowed
outright in all zones except 0, LI, HI, MIC /L and MIC/H. The PC concurred with CAP's
recommendation allowing indoor kennels as a conditional use in the TUC.
F. Administrative Planned Residential Developments
When the City updated the Subdivision Ordinance in 1997 the reference to administrative PRDs
was inadvertently deleted. It has been DCD's practice that if an applicant with property
containing a wetland or watercourse chose to apply for the lot size or setback reductions allowed
under the PRD chapter the process would follow the type of the underlying permit. The PC
concurred with CAP's recommendation to codify this practice in the PRD chapter for clarity.
There are two expiration deadlines for PRDs, see TMC 18.46.120. The first requirement is that a
complete building permit for the application be submitted within 12 months of the date of City
Council approval. The second requirement is that once DCD determines that the building permit
is in conformance with the approval the City Clerk shall record a copy of the PRD with King
County and amend the zoning of the site with a PRD suffix. Construction of improvements must
begin within 12 months from the date of the City Clerk filing. In practice the City has not
recorded the PRD separately with King County or modified the site zoning with the suffix. The
PC concurred with CAP's recommendation to change the second deadline to require that
construction begin within 6 months of building permit issuance. If that building permit expires,
so would the PRD approval.
G. Lot of Record Changes
Tukwila's current definitions of lot and site don't clearly define the circumstances under which a
parcel is considered a separate, buildable lot. The City Attorney has reviewed our code language
and suggested changes that will tie our definitions to the requirements of State law. See
Attachment A for the new language.
In addition the City Attorney recommends replacing TMC 18.70.030 Preexisting Legal Lots of
Record with amended language clarifying the development rights for substandard lots. We
would continue to allow lots that do not meet current size requirements to be developed, so long
as they can meet current development, land use and environmental standards. If they could not
meet standards they would have to be consolidated with an adjoining lot or request a variance.
The PC concurred with CAP's support for all of these proposed changes.
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H. Housekeeping
I. Use Definition
REQUESTED ACTION
• •
There are several outdated or incorrect TMC citations at TMC 18.104.010. Staff would like to
update, correct or delete these references, see Attachment A for the revised tables. The PC
concurred with CAP's support for all of these housekeeping changes.
To address a recent concern regarding the application of the non - conforming use chapter, the
City Attorney proposes that the definition of use be changed, see Attachment A for the new
language. The PC concurred with CAP's support of this proposed change.
Accept, reject or modify the Planning Commission recommendations for design standards for
single family dwellings. Then forward the entire group of amendments to the COW for a public
hearing.
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39
Proposed Changes
Explanation
• • ' ■ ' ' " . - •• • ' •
Manufactured Homes in LDR, MDR, HDR
They are two different types of structures and
will be regulated differently.
"' ' • " ' "' ' '
• =" - • • -
•
• - = •
bearing
Gite, an
18.06.2XX Dwelling, Manufactured Home
Manufactured Homes in LDR, MDR, HDR
This is the Washington State Labor and
Industry (L &I) Department definition. L &I
regulate the manufactured home industry.
They inspect the construction of homes in the
factories, apply the appropriate insignia onto
the homes and issue and inspect any
alterations of the home after it has left the
factory.
"Dwelling, Manufactured Home" means a single- family dwelling required to be built in
accordance with the regulations adopted under the national manufactured housing
construction and safety standards act of 1974.
18.06.2XX Dwelling, Mobile Home
Manufactured Homes in LDR, MDR, HDR
This is the Washington State Labor and
Industry (L &I) Department definition.
"Dwelling, Mobile Home" means a factory built dwelling constructed before June 15,
1976 to standards other than the national manufactured housing construction and safety
standards act of 1974 and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into this state.
18.06.255 Dwelling, Single - Family
"Single Family dwelling" means a building, e -modular home, other than ^ mobile or
new manufactured home, designed to contain no more than one dwelling unit plus one
Manufactured Homes in LDR, MDR, HDR
This change redefines single family dwelling
to include certain types of manufactured
homes.
accessory dwelling unit.
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Attachment A — Draft Zoning Code Changes
The code changes necessary to implement the CAP recommendations are listed below in the order they would appear in the
Zoning Code. The bold title in the explanation column references which issue is addressed by the specific code change. The PC
changes are explained in italics.
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18.06.500 Lot
"Lot" means a physically separate and distinct parcel of property which has -been (a) was
Lot of Record Changes
Tukwila's current definition of lot doesn't
clearly define the circumstances under which
a parcel is considered a separate, buildable
lot. The City Attorney has reviewed our code
language and suggested the following changes
that will tie our definition to the requirements
of State law.
created by short or binding site - - '
plat, plat, plan, or - °
history, (b) was bought or sold as separately owned parcel of property used as a separate
legal building to the lots be by
site prior requirement that created plat, short plat, or
binding site plan.. -, or (c) was created by a transaction which was exempt from the
requirement that lots be created by plat, short plat or binding site plan. "Lots" may be
bought or sold as separate parcels of property but the fact that a parcel of property is
defined as a "lot" does not necessarily mean that it may developed as a separate building
site.
18.06.XXX New manufactured home
Manufactured Homes in LDR, MDR, HDR
This is the state definition from RCW
35.63.160.
"New manufactured home" means any manufactured home required to be titled under
Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a
"used mobile home" as defined in RCW 82.45.032(2).
18.06.780 Site
"Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are
Lot of Record Changes
Tukwila's current definition of site isn't clear
that a site can include multiple lots. The City
Attorney has reviewed our code language and
suggested the following changes that will tie
our definition to the requirements of State
law.
proposed as the location for a development, as defined in TMC 18.06.210, or for some
other activity which requires a permit or approval pursuant to TMC titles 16, 17 or 18.
-
' ' ' ' ' • '
taxes the County Assessor's Office.
assessing with
TMC 18.06.865 Use
"Use" means the nature of the activities taking place on private property or within
Use Definition
To address a recent concern regarding the
application of the non - conforming use
chapter, the City Attorney proposes that the
definition of use be changed.
structures thereon : ... - - - : .. -
, .
• -- •
' ' ' ' '
18.XX.050 Unclassified Uses
x - ' ' - ' "
Condominium Conversions
Conversions of apartments to condominiums
would be removed from the list of
Unclassified Uses in the MDR, HDR, MUO,
RCM, and TUC.
- - • " - • •
- • •
' ' • "
' _ ' ' = • ' ' " = - - - • -
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18.XX.020 Permitted Uses
x. Dwelling — One detached single - family dwelling per existing lot.
Residential Short Plats in Commercial
Zones This change would be made to the
MUO, 0, RCC, NCC and TVS zones.
18.28.040 Conditional Uses
Kennels as Conditional Uses in the TUC
x. Indoor animal shelters and kennels, subject to all additional State and local regulations
(less than 4 cats or dogs does not need a permit).
18.46.110 Application Procedure Required for PRD Approval
A. Filing of Application. Application for approval of the PRD shall be made on forms
prescribed by the DCD and shall be accompanied by a filing fee as required in the
Application Fees chapter of this title and by the following:
I. Justification for the density increases, or lot size and setback reductions, if
requested by the applicant;
2. Program for development including staging or timing of development;
3. Proposed ownership pattern upon completion of the project;
4. Basic content of any restrictive covenants;
5. Provisions to assure permanence and maintenance of common open space
through a homeowners' association, or similar association, condominium
development or other means acceptable to the City;
6. An application for rezone may be submitted with the PRD application if rezoning
is necessary for proposed density. Fees for rezone request shall be in addition to
those of the PRD application;
7. An application for preliminary plat may be submitted with the PRD application, if
necessary. Fees for the subdivision shall be in addition to those of the PRD
application;
8. Graphic images of development in any sensitive area or buffer, including
photomontage or computer - generated perspectives in a standardized format required
by the Director;
9. Every reasonable effort shall be made to preserve existing trees and vegetation
and integrate them into the subdivision's design by preparing a tree inventory of the
significant vegetation on -site as part of the preliminary plat application. A tree and
vegetation retention /removal plan shall be part of any preliminary plat application.
Such tree and vegetation retention/removal plan shall assure the preservation of
significant trees and vegetation.
Administrative Planned Residential
Developments
It has been DCD's practice that if an applicant
with property containing a wetland or
watercourse chose to apply for the lot size or
setback reductions allowed under the PRD
chapter the process would follow the type of
the underlying permit. This change will
codify this practice in the PRD chapter for
clarity.
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B. City Council Public Hearing.
I. PRD's related to a subdivision or design review permit shall be processed as Type
5 decisions, pursuant to TMC 18.108.050. PRD's related to short plats, boundary
line adjustments or binding site improvement plans shall be processed as Type 2
decisions, pursuant to TMC 18.108.020.
2. The PRD shall be an exception to the regulations of the underlying zoning
district. The PRD shall constitute a limitation on the use and design of the site
unless modified by ordinance.
18.46.120 Application procedures for Building Permit
The following procedures are required for approval of construction for the proposed
planned residential development:
1. Time Limitation. A complete application for the initial building permit shall be filed by
the applicant within twelve months of the date on which the City Council approved the
PRD. An extension of time for submitting an application may be requested in writing by
the applicant, and an extension not exceeding six months may be granted by the Director.
If application for the initial building permit is not made within twelve months or within
the time for which an extension has been granted, the plan shall be considered
abandoned, and the development of the property shall be subject to the requirements and
limitations of the underlying zone and the subdivision code.
2. Application. Application for building permit shall be made on forms prescribed by the
DCD and shall be accompanied by a fee as prescribed by the building code.
3. Documentation Required. All schematic plans either presented or required in the
approved PRD plans shall be included in the building permit application presented in
finalized, detailed form. These plans shall include but are not limited to landscape,
utility, open space, circulation, and site or subdivision plans. Final plats and public
dedication documents must be approved by the City Council before the issuance of any
building permits.
4. Sureties Required for Staging. If the PRD is to be developed in stages, sureties or
other security device as shall be approved by the City Attorney shall be required for the
complete PRD. The various stages or parts of the PRD shall provide the same proportion
of open space and the same overall dwelling unit density as provided in the final plan.
5. DCD Action. The DCD shall determine whether the project plans submitted with the
building permit are in compliance with and carry out the objectives of the approved
PRD - . - - . . -- • - -. •-....
Administrative Planned Residential
Developments
There are two expiration deadlines for PRDs,
see TMC 18.46.120 and 140. The first
requirement is that a complete building permit
for the application be submitted within 12
months of the date of City Council approval.
The second requirement is that once DCD
determines that the building permit is in
conformance with the approval the City Clerk
shall record a copy of the PRD with King
County and amend the zoning of the site with
a PRD suffix. Construction of improvements
must begin within 12 months from the date of
the City Clerk filing. In practice the City has
not recorded the PRD separately with King
County or modified the site zoning with the
suffix.
. . .... . . .. . .
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•_ • S °- • - ••., - --
.. . . - - - . ... _ .
"PRD" to the designation the
of underlying zone.
18.46.140 Expiration of Time Limits
Construction of improvements in the PRD shall begin within six twelve months from the
date of the issuance of the building /development permit. If this permit expires the plan
Administrative Planned Residential
Developments
The CAP recommended that we change the
second deadline to require that construction
begin within 6 months of building permit
issuance. If that building permit expires, so
would the PRD approval.
shall be considered abandoned, and the development of the property shall be subject to
the requirements and limitations of the underlying zone and the subdivision code. filing
• • - An for beginning
- - - • . extension of time
construction may be requested in writing by the applicant, and such extension not
exceeding six months may be granted by the Department upon showing of good cause. If
construction does not occur within 128 months from the date of permit issuance filing
zoning map (Figure the designation
zoning shall revert to the underlying
18.50.050 Single Family Dwelling Design Standards
All single family dwellings constructed under building permits submitted to the City
after July 1, 2005 must:
A. be set upon a permanent foundation with the space from the bottom of the home
to the ground enclosed by concrete or an approved concrete product that can be
either load bearing or decorative;
B. if a manufactured home, be comprised of at least two fully enclosed parallel
sections Cu_' t -0i=++rat ;c -
!trait 1-w lve t - wi- tle -lly thi+ r; \—;eet lot -t-g
C. be thermally equivalent to the state energy code;
D. i+. -, c ,{ l /ife-- Czjf -t V{ lin gel ritttieht4 garage
E. ! i +e tl +e +:+tint dun ■ra;+e+fi the -4Fe-e -t;
F. have a roofing material that is residential in appearance including but not limited
to wood shakes or shingles, asphalt composition shingles or tile with a minimum
roof pitch of ■::12; and
G. have exterior siding that is residential in appearance including but not limited to
wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber-
cement siding, wood - composite panels, aluminum siding or similar materials.
Materials such as smooth, ribbed or corrugated metal or plastic panels are not
acceptable.
Manufactured Homes in LDR , MDR,
HDR
This new section would implement the
design standards that the CAP recommended
be applied to all single family dwellings.
The PC was concerned that item B would
require stick - built houses to be at least 24
feet wide, but they wanted to retain the
"double wide" requirement.
The PC did not see the need to require any
type of garage.
The PC thought that the front door
requirement would be confusing on irregular
lots or those fronting private access
easements.
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18.70.030 ' • • .
Lot of Record Changes
The existing section in the non - conforming
chapter will be completely replaced by the
new language that follows.
_ _ _ . :
' ' '' "'' " ' " ' ' ' '
• • - - • .
have that in its if
uses arc permitted zone,
-
City Tukwila,
of or,
Substandard Lots
1. A Lot, as defined in TMC 18.06.500, which does not meet the minimum dimensional
standards for the zone in which it is located may still be developed as a separate lot if the
proposed use is one which is permitted in the zone and the proposed development can
comply with the requirements of this title regarding basic development standards for the
applicable zone and other applicable land use and environmental requirements.
2. A lot, as defined in TMC 18.06.500, which cannot meet the basic development
standards for the applicable zone and other applicable land use and environmental
requirements may be developed only if it is combined with adjacent lot(s) in a manner
which allows the combined lots to be developed in a manner which does comply with the
basic development standards for the applicable zone and other applicable land use and
environmental requirements. In the event lots are combined in order to comply with the
requirements of this subsection, a boundary line adjustment shall occur so that the
combined lots are henceforth considered a single lot.
3. Nothing in this subsection shall be deemed to prevent the owner of a substandard lot
from applying for or receiving approval of variances pursuant to TMC Ch. 18.72.
1 • " • " •
Manufactured Homes in LDR, MDR, HDR
This section of the nonconforming chapter
outlines when a newer manufactured home
may replace a legally preexisting
manufactured home. This is no longer needed
as under the proposed code changes
manufactured homes may be placed in any
Y p Y
• • : • . : • • • •
'
- • • -
' -
•.
' ' ' '. ' . - " '
.- • - • ' :
_ _ _
.• . -, _ •' •_ . • •_ •'
_ _ _
' • • - -
or metal roof;
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-
residential zone. These requirements have
been incorporated into the definitions and
design standards above.
- - - -
inch rise for twelve inches 25 %;
each of run, or about
11. Shall have that is
exterior siding residential
18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five different types are distinguished according to who makes the decision, whether
public notice is required, whether a public meeting and/or a public hearing is required
before a decision is made, and whether administrative appeals are provided.
B. Type 1 decisions are made by City administrators who have technical expertise as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner
who will hold a closed record appeal hearing based on the information presented to the
City administrator who made the decision. Public notice is not required for Type 1
decisions or for the appeals of those decisions.
TYPE 1 DECISIONS
Housekeeping
The Public Works Department and the Permit
Center have adopted new regulations and
changed the names of some permits, making
some Type 1 categories obsolete.
TYPE OF PERMIT
DECISION MAKER
Building Development Permit
Building Official
Utility Permit
P Wok° Director
Sign Permit, except for those sign
Community
Boundary Line Adjustment,
Community
Land
Pul}lie-klieFk-s-DiFeetef
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Page 7
05/18/2005
Land-Alter-4i en
Minor Modification to PRD
(TMC 18.46.130)
Minor modification to BAR approved
design (TMC 18.60.030)
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
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
Administrative Design
Review (TMC 18.60.030)
Administrative Planned
Residential Development
(TMC 18.46 17.08.010)
Short Plat
(TMC 17.08.06012)
Binding Site Improvement
Plan
(TMC Chap.l7.16)
Shoreline Substantial
Development
Permit (TMC
Chapter 18.44)
P W Dire
Community Development Director
Community Development Director
As specified by Ordinance
INITIAL DECISION
MAKER
Community
Development
Director
Short Plat Committee
Short Plat
Committee
Short Plat
Committee
Community
Development
Director
APPEAL BODY
(open record appeal)
Board of
Architectural
Review
Hearing Examiner
Hearing
Examiner
Hearing
Examiner
State Shoreline
Hearings Board
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Page 8
05/18/2005
Decision regarding
Sensitive Areas
(except Reasonable Use
Exception) (TMC
18.45.125)
Special Permission Parking,
and Shared, Covenant or
Complimentary
1/ .
Parking Standards (TMC
18.56.0650 and .070)
Parking standard for use not
Specified (TMC 18.56.100)
Code Interpretation
(TMC 18.90.010)
Special Permission Sign,
except "unique sign"
(various sections of TMC
Title 19)
Sign Permit Denial
(TMC Chapter 19.12.020)
Sign Area Increase
(TMC 19.32.140)
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Community
Development
Director
Planning
Commission
City Council
City Council
Hearing
Examiner
Planning
Commission
Planning
Commission
Planning
Commission
D. Type 3 decisions are quasi-judicial decisions
made by the Hearing Examiner following an open
record hearing. Type 3 decisions may be appealed only
to Superior Court, except for shoreline variances that
may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90.58.
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Page 9
05/18/2005
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline,
Hearing Examiner
Resolve uncertain zone
Hearing Examiner
TYPE 3 DECISIONS
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
vJ NG
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Page 10
05/18/2005
(TMC 18.56.060 or 130)
Conditional Use Permit
(TMC Chapter 18.64)
Planning
Commission
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 17.142.020)
City Council
Subdivision - Final Plat
(TMC 17.142.030)
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
18.104.130 Time Periods for Permit Issuance
A. Final decisions by the City on all permits shall be issued within 120 days from the
date the applicant is notified by the Department that the application is complete. The
following periods shall be excluded from this 120 -day period:
1. Any period of time during which the applicant has been requested by any City
department, agency or hearing body with jurisdiction over some aspect of the
application to correct plans, perform required studies, or provide additional
information.
The period shall be calculated from the date the applicant is notified of the need for
additional information until the earlier of (a) the date the department, agency or
hearing body determines whether the additional information satisfies the request, or
(b) 14 days after the date the information has been provided to the department,
Expiration of Inactive Permits
Currently if an applicant for a land use permit
does not resubmit in response to a Notice of
Incomplete Application within 90 days the
Department can close the permit. The
proposed change would extend that ability to
close an inactive permit to include
applications that have been declared
complete.
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Page 11
05/18/2005
agency or hearing body. If the department,agency or hearing body determines that
the action by the applicant is insufficient, it shall notify the applicant of the
deficiencies and the procedures of this section shall apply as if a new request for
information had been made.
If the applicant fails to provide a requested correction or additional information
within 90 days of the request the Department may cancel the application due to
inactivity.
2. The period of time during which an environmental impact statement is being
prepared following a determination of significance pursuant to RCW 43.21C.
3. A period of no more than 90 days for an open record appeal hearing on a Type 2
land use decision, and no more than 60 days for a closed record appeal on a Type 4
land use decision appealable to the City Council.
4. Any additional time period for administrative review agreed upon by the
Department
and the applicant.
5. Any additional time period agreed upon by the Department, the applicant and any
parties to an appeal.
6. Any period of time during which an applicant fails to post the property, if permit
processing is suspended by the Department pursuant to TMC 18.104.110.
B. The time limits established in this section shall not apply if a project permit
application requires an amendment to the comprehensive plan or a development
regulation.
C. The time limitations established in this section shall not apply to street vacations or
other approvals related to the use of public areas or facilities issued pursuant to TMC
Title 11.
D. If a final decision cannot be issued within the time limits established by this section,
the Department shall provide written notice of this fact to the project applicant. The
notice shall include a statement of reasons why the time limits have not been met and an
estimated date for issuance of the notice of final decision.
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05/18/2005
�a-
5:21':684
• •
New Manufactured Home Regulations
RCW
Authority to regulate placement or use of homes -- Regulation of manufactured homes --
Issuance of permits. (Effective July 1, 2005.)
(1) A city or town may not enact any statute or ordinance that has the effect, directly or
indirectly, of discriminating against consumers' choices in the placement or use of a
home in such a manner that is not equally applicable to all homes. Homes built to 42
U.S.C. Sec. 5401 -5403 standards (as amended in 2000) must be regulated for the
purposes of siting in the same manner as site built homes, factory built homes, or
homes built to any other state construction or local design standard. However, any city
or town may require that (a) a manufactured home be a new manufactured home; (b)
the manufactured home be set upon a permanent foundation, as specified by the
manufacturer, and that the space from the bottom of the home to the ground be
enclosed by concrete or an approved concrete product which can be either load bearing
or decorative; (c) the manufactured home comply with all local design standards
applicable to all other homes within the neighborhood in which the manufactured home
is to be located; (d) the home is thermally equivalent to the state energy code; and (e)
the manufactured home otherwise meets all other requirements for a designated
manufactured home as defined in RCW 35.63.160. A city with a population of one
hundred thirty -five thousand or more may choose to designate its building official as the
person responsible for issuing all permits, including department of labor and industries
permits issued under chapter 43.22 RCW in accordance with an interlocal agreement
under chapter 39.34 RCW, for alterations, remodeling, or expansion of manufactured
housing located within the city limits under this section.
(2) This section does not override any legally recorded covenants or deed
restrictions of record.
(3) This section does not affect the authority granted under chapter 43.22 RCW.
Attachment B
NG Page 1 of 2 05/12/2005 3:43 PM
Q:\CODEAMND\ManIRCWs.doc
RCW 35.63.160
• •
Regulation of manufactured homes -- Definitions. (Effective July 1, 2005.)
(1) A "designated manufactured home" is a manufactured home constructed after June
15, 1976, in accordance with state and federal requirements for manufactured homes,
which:
(a) Is comprised of at least two fully enclosed parallel sections each of not less than
twelve feet wide by thirty -six feet long;
(b) Was originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of nominal 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding materials commonly used on
conventional site -built uniform building code single - family residences.
(2) "New manufactured home" means any manufactured home required to be titled
under Title 46 RCW, which has not been previously titled to a retail purchaser, and is
not a "used mobile home" as defined in RCW 82.45.032(2).
(3) Nothing in this section precludes cities from allowing any manufactured home
from being sited on individual lots through local standards which differ from the
designated manufactured home or new manufactured home as described in this
section, except that the term "designated manufactured home" and "new manufactured
home" shall not be used except as defined in subsections (1) and (2) of this section.
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Q:\CODEAMND\MantRCWs.doc
4/3
5.21.684
• •
New Manufactured Home Regulations
RCW
Authority to regulate placement or use of homes -- Regulation of manufactured homes --
Issuance of permits. (Effective July 1, 2005.)
(1) A city or town may not enact any statute or ordinance that has the effect, directly or
indirectly, of discriminating against consumers' choices in the placement or use of a
home in such a manner that is not equally applicable to all homes. Homes built to 42
U.S.C. Sec. 5401 -5403 standards (as amended in 2000) must be regulated for the
purposes of siting in the same manner as site built homes, factory built homes, or
homes built to any other state construction or local design standard. However, any city
or town may require that (a) a manufactured home be a new manufactured home; (b)
the manufactured home be set upon a permanent foundation, as specified by the
manufacturer, and that the space from the bottom of the home to the ground be
enclosed by concrete or an approved concrete product which can be either load bearing
or decorative; (c) the manufactured home comply with all local design standards
applicable to all other homes within the neighborhood in which the manufactured home
is to be located; (d) the home is thermally equivalent to the state energy code; and (e)
the manufactured home otherwise meets all other requirements for a designated
manufactured home as defined in RCW 35.63.160. A city with a population of one
hundred thirty -five thousand or more may choose to designate its building official as the
person responsible for issuing all permits, including department of labor and industries
permits issued under chapter 43.22 RCW in accordance with an interlocal agreement
under chapter 39.34 RCW, for alterations, remodeling, or expansion of manufactured
housing located within the city limits under this section.
(2) This section does not override any legally recorded covenants or deed
restrictions of record.
(3) This section does not affect the authority granted under chapter 43.22 RCW.
Attachment B
NG Page 1 of I 05/12/2005 3:43 PM
Q:\CODEAMND\ManfRCWs.doc
RCW 35.63.160
• •
Regulation of manufactured homes -- Definitions. (Effective July 1, 2005.)
(1) A "designated manufactured home" is a manufactured home constructed after June
15, 1976, in accordance with state and federal requirements for manufactured homes,
which:
(a) Is comprised of at least two fully enclosed parallel sections each of not less than
twelve feet wide by thirty -six feet long;
(b) Was originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of nominal 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding materials commonly used on
conventional site -built uniform building code single - family residences.
(2) "New manufactured home" means any manufactured home required to be titled
under Title 46 RCW, which has not been previously titled to a retail purchaser, and is
not a "used mobile home" as defined in RCW 82.45.032(2).
(3) Nothing in this section precludes cities from allowing any manufactured home
from being sited on individual lots through local standards which differ from the
designated manufactured home or new manufactured home as described in this
section, except that the term "designated manufactured home" and "new manufactured
home" shall not be used except as defined in subsections (1) and (2) of this section.
NG Page 2 of 2 05/12/2005 3:43 PM
Q:\CODEAMND\MantRCWs.doc
Planning Commission Minutes
' — 'Marctr24; 2005
Page 3 of 4
COMMISSIONER MERYHEW MADE A MOTION TO APPROVE STAFF'S FINDINGS,
CONCLUSIONS, AND RECOMMENDATIONS, FOR CASE NUMBER L05 -014 AND L05 -015.
COMMISSIONER MARVIN SECONDED THE MOTION. ALL VOTED IN FAVOR.
Chair Bratcher called a recess at 8:23.
The public hearing reconvened at 8:28
s •
CASE NUMBER: L05 -018
APPLICANT: City Of Tukwila
REQUEST: Considerl0 amendments to the Zoning Code.
LOCATION: Citywide
Nora Gierloff for staff gave a briefing on the proposed changes to the code amendments. Staff is asking the
Planning Commission to make a recommendation and forward it to the City Council. Each amendment was
reviewed and the following modifications were made:
Attachment A — Draft Zoning Code Changes:
Manufactured Homes in LDR
D Section 18.50.050, letter B, strike the rest of the sentence after "each" (no dimensions, but still double
wide).
➢ " delete letter D, no requirement for a garage (four in favor two against)
➢ " delete letter E, the front door does not need to face the street.
> 46 letter F, replace "5:12 to "3:12" (Type 2 - requires approval by DCD Director if less
than 3:12)
The Commission was in agreement with all of the remaining proposed Code Amendment changes.
There were no further comments.
The Public Hearing was closed.
The Planning Commission Deliberated.
COMMISSIONER MERYHEW MADE A MOTION ON CASE NUMBER L05 -018 CODE
AMENDMENTS TO FORWARD TO THE CITY COUNCIL. THE PLANNING
COMMISSIONERS RECOMMENDATIONS AS PROPOSED AND PRESENTED BY STAFF
EXCEPT FOR MODIFICATIONS TO: SECTION 18.50.050 ITEM B. STRIKE THE REST OF
THE SENTENCE AFTER "EACH "; DELETE - ITEM D AND ITEM E; CHANGE — ITEM F "5:12"
TO "3:12" (requires approval by the DCD Director with criteria yet to be established for lower pitch).
COMMISSIONER ARTHUR SECONDED THE MOTION. ALL VOTED IN FAVOR.
Director's Report
D A schedule of upcoming meetings for the remainder of the year was provided to the Commissioners.
Jack Pace discussed some upcoming joint meeting dates. He also, informed the Commissioners that
on June 30 they would begin the process on the Tukwila South Master Plan.
D For the record, Commissioner Arthur gave a declaration. Due to his employment relationship with the
applicant, he excused himself upon hearing that Lisa Verner would be giving a briefing on theTukwila
South Project. Commissioner Arthur exited the building.
April 19, 2005
Enclosure
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
128 - 10th Avenue SW • PO Box 42525 • Olympia, Washington 98504 -2525 • (360) 725 -4000
Nora Gierloff
Planning Supervisor
City of Tukwila
6300 Southcenter Boulevard Suite #100
Tukwila, Washington 98188
RE: Submittal of Documents to the Washington State Department of Community, Trade, and
Economic Development for City of Tukwila
Dear Ms. Gierloff:
Thank you for sending this department the following:
Draft Amendment to the Development Regulation
Proposed amendments related to manufactured housing, design standards, permit processing procedures,
permitted uses, mobile /manufactured homes, and housekeeping amendments. Received on 04/15/2005.
Please keep this letter. It is your record of when the Department of Community, Trade and Economic
Development (CTED) received this material.
We have forwarded a copy of this notice to other state agencies. Adopted amendments should be sent to
CTED immediately upon publication, as well as to any state agencies that commented on the draft
regulation. A jurisdiction does not need to send its regulation to the agencies which have been called ahead
and that have indicated the local plan will not be reviewed. The jurisdiction should keep a record of this
contact with state agencies and the state agencies' response.
If you have any questions or concerns, please call me at (360) 725 -3056.
Sincerely,
Ike Nwankwo
Technical & Financial Assistance Manager
Growth Management Services
RE CEIVED
'APR 21 2005
DEV ELOPMENT
0
Nora Gierloff - Tukwila Zoning Code Awes
From:
To:
Date:
Subject:
April 15, 2005
Nora Gierloff
reviewtea m @CTE D. WA. GOV
4/15/05 3:11 PM
Tukwila Zoning Code Changes
Growth Management Services
Department of Community, Trade and Economic Development
PO Box 42525
906 Columbia St. SW
Olympia, WA 98504 -8350
Attn: Review Team:
•
In accordance with the RCW 36.70A.106 City of Tukwila notifies Department of Community, Trade and
Economic Development of the intent to adopt amendments to its development regulations.
Public Testimony will be taken on this item until May 23, 2005. A public hearing in front of the Planning
Commission has been scheduled for April 28, 2005. The City Council hearing is expected to take place
in June.
We are providing you an electronic copy of the proposed amendments regarding:
- Changes to manufactured housing regulations,
- Design standards for single family dwellings,
- Exempting condominium conversions from land use permits,
- Allowing kennels in the TUC zone,
- Adoption of a new chapter regulating mobile /manufactured parks,
- and various housekeeping corrections.
A brief description of each change is listed in the attached document "2005 Summary" and the
strikeout/underline code language is given in "Attachment A ".
If you have any questions concerning these amendments, please call me at (206)433 -7141 or email at
ngierloff@ci.tukwila.wa.us.
Sincerely,
Nora Gierloff
Planning Supervisor
Attachments
CC: Aden @doh.wa.gov; anne.sharar @wadnr.gov; gmacoordination @ecy.wa.gov;
hbeale @psat.wa.gov; mcnagec @dshs.wa.gov; nlwinters @doc1.wa.gov; penlastp @dfw.wa.gov;
wiebeb @wsdot.wa.gov
Page 1
v ^ Committee chair approval
• •
Community Affairs and Parks Committee
March 15, 2005
A second decision is whether the city should require a business license for multi - family and
accessory dwelling units. Dennis thought there was not a council consensus on this issue, though
he and Joe supported it and Joan would like more information on it. Kathy reported being
allowed in one apartment unit with obvious health and safety violations. Mandatory inspections
of apartment units is also an option that could come with licensing, though the legality of that is
unclear. Refer issue to COW.
4. Proposed code amendments The committee considered ten draft code amendments. Staff
had listed options, and included recommendations on each amendment. Because cities are
required by State law to accept manufactured homes beginning July 1 this year, City standards
need to be established.. Nora said manufactured homes come in a range of quality, from very
basic trailer types to homes hard to distinguish from stick -built homes. Staff had written changes
to the single family dwelling code that manufactured homes would need to follow, and the
recommendations would lead to a higher quality manufactured homer The committee largely
followed the staff recommendations. Committee members had some questions about appropriate
requirements for condo conversions and which requirements might be appropriate, and on
whether a dog kennel was appropriate in the urban center. Refer issues to Planning
Commission.
5. Single Family Neighborhood Housing Options Moira said most developments for single
family homes put in a standard home with a garage in front. The Comprehensive Plan
encourages a range of housing types. Some options include cottage housing, where small homes
are clustered around a common green, with parking in the back or on the sides, and porches
facing one another. There is an opportunity for this type of housing in a demonstration project in
the city, though an ordinance would need to be passed to allow that. The committee supported
cottage housing on a demonstration project basis. Return to Committee with specific
recommendations for allowing demonstration projects.
6. Aerial survey DCD has budgeted an aerial survey of the entire city and is eager to proceed
with that survey before the trees leaf out any more than they already have. The photos will be
used to update the city GIS (geographic information system). Funding comes from both the DCD
and Public Works budgets. Recommend contract for aerial photography to Regular Meeting.
Minutes by L. Lauterbach
BACKGROUND
PROPOSED CHANGES
A. Manufactured Home Changes
• •
MEMORANDUM
TO: Mayor Mullet
Community Affairs and Parks Committee
FROM: Steve Lancaster, DCD Director
RE: Proposed Code Amendments
DATE: March 10, 2005
Staff has grouped 10 amendments to the Zoning and Sign Codes together for consideration. The
topics range from minor housekeeping or clarification to policy decisions about allowed uses and
development standards. Each proposed amendment has a brief explanation followed by a list of
options. Staff's recommended option is in bold.
The State Legislature has passed an ordinance requiring that manufactured housing be treated
similarly to other types of housing (stick built). Specifically local governments can require that:
a) only new manufactured may be used outside of mobile home parks,
b) the manufactured home be set on a permanent foundation and that the space from the
bottom of the home to the ground be enclosed,
c) the manufactured home comply with all local design standards applicable to all other
homes within the area,
d) the home is thermally equivalent to the state energy code, and
e) the home meets the state definition of a "designated manufactured home" such as
minimum 3:12 roof pitch, minimum size of 12' by 36' and conventional residential
siding materials.
However, Tukwila cannot exclude manufactured housing from individual lots in the LDR, MDR
and HDR zones as is our current practice. The state law takes effect on July 1, 2005, so we
should amend our code to comply prior to that date. At a minimum we would need to redefine
"single family dwelling" to include manufactured housing that meets state requirements.
Additionally we could add design standards for all single family housing to the Code.
Q: \CODEAMND\2005AmendCAP.DOC Page 1
Options:
• •
1. Forward a proposal to amend the definition of single family dwelling to include new
manufactured housing units to the Planning Commission
2. Forward a proposal to additionally require that units placed outside of mobile home
parks meet the definition of "designated manufactured home" to the Planning
Commission
3. Recommend additional changes to the proposal before forwarding it to the PC
a) Require all new single family dwellings to have a one car or larger attached
garage - p,e4 -7 4F .L
b) Require all new single family dwellings to have a front door facing the street
c) Required all new single family dwellings to have a minimum roof pitch of
5:12
d) Other changes
B. Residential Short Plats in Commercial Zones
The Zoning Code allows for one single family house per lot in the MUO, 0, RCC, NCC and
TVS zones which are primarily intended for light commercial and multi - family uses. I believe
that the Council's intent with this was to minimize the number of non - conforming residential
uses. However, some of these zones have either no minimum lot size, or lot sizes as small as
5,000 square feet while LDR, our single family zone, has a 6,500 square foot minimum lot size.
This has created interest among developers in short platting commercial land for single family
residential development. Staff proposes adopting a clarification that single family houses are
only allowed on existing lots, not those created through new short plats.
Options:
1. Decline to consider the proposal
7 2. Forward the language change to the PC
3. Recommend changes to the proposal before forwarding it to the PC
a) Add minimum lot sizes for residential short plats to commercial zones
b) Other changes
C. Condominium Conversions
The Zoning Code requires that an apartment building owner obtain an Unclassified Use Permit
from the City Council prior to converting the units to condominiums for individual sale. The
UUP process is time consuming and may discourage the owner of a troubled apartment building
from considering that alternative. There are no criteria in the UUP chapter that deal specifically
with condominium conversions so it is not clear what the City's concerns are with the issue.
Staff proposes that we not regulate conversions at the local level. State law (RCW 64.34.440)
Q:\CODEAMND\2005AmendCAP.DOC
Page 2
• •
has requirements for tenant notification, first right of refusal and public offering statements that
disclose any building, mechanical or electrical code violations to prospective purchasers.
Of the South King County cities only Auburn and Renton have condominium conversion
ordinances. Auburn requires $350 of relocation assistance. Renton has tenant notice provisions,
requires filing the public offering statement with the City Clerk and extends the tenants first right
of refusal from 6 months to one year. Neither requires a public hearing process.
Options:
1. Retain the existing UUP requirement
2. Forward the proposal to repeal the UUP requirement to the PC
--)3. Repeal the UUP requirement and add other requirements
— a) Add a requirement for tenant relocation assistance
+ b) Add a requirement for a City housing code inspection
4- c) Add a requirement that all code violations disclosed in the public offering
statement be repaired prior to the conveyance of the unit
d) Add a requirement that repairs be warranteed for one year with a 10% bond
e) Other changes
D. Expiration of Inactive Permits
Currently if an applicant for a land use permit does not resubmit in response to a Notice of
Incomplete Application within 90 days the Department can close the permit. However, once the
application is complete there is no mechanism to close an inactive permit when the applicant
does not respond to a request for more information. Staff proposes that we extend the 90 day
period to complete permits. We would notify the applicant about the deadline for resubmittal in
the correction letter and also try to make contact with them toward the end of the 90 days. In
cases of hardship we could have discretion to grant an additional grace period.
Options:
1. Decline to consider these changes
>2. Forward the proposal to create an expiration period for inactive land use
permits to the PC
3. Recommend changes to the proposal before forwarding it to the PC
a) Allow a different time period for resubmittals
b) Other changes
E. Kennels as Conditional Uses in the TUC
The City has been approached by a representative from PetsMart about the possibility of adding a
"pet hotel" for dog and cat boarding within their existing store. This is something that they have
Q: \CODEAMN D\2005 AmendCAP. DOC
Page 3
done in other parts of the country. Kennels for 4 or more cats or dogs are a conditional use in the
RC, RCM, C/LI, LI, HI and TVS zones but are not permitted at all in TUC. Animal veterinary
clinics with associated temporary indoor boarding are allowed outright in all zones except 0, LI,
HI, MIC /L and MIC/H. Staff recommends allowing indoor kennels as a conditional use in the
TUC.
Options:
1. Decline to add kennels to the TUC
`7 2. Forward the proposal to allow indoor kennels as a conditional use in the TUC to
the PC
3. Recommend changes to the proposal before forwarding it to the PC
a) Allow indoor kennels as an outright permitted use in TUC
b) Other changes
F. Administrative Planned Residential Developments
When the City updated the Subdivision Ordinance in 1997 the reference to administrative PRDs
was inadvertently deleted. It has been DCD's practice that if an applicant with property
containing a wetland or watercourse chose to apply for the lot size or setback reductions allowed
under the PRD chapter the process would follow the type of the underlying permit. For example
a PRD for a three lot short plat (Type 2) would not have to have a hearing in front of the Council
like a subdivision (Type 5), it would still be handled administratively. Staff would like to codify
this in the PRD chapter for clarity.
Options:
• •
1. Require all PRDs to be Type 5 permits, regardless of the number of lots
Forward the proposal for administrative PRDs to the PC
3. Recommend changes to the proposal before forwarding it to the PC
a) Set a threshold for the number of lots to be handled administratively
b) Other changes
There are two expiration deadlines for PRDs, see TMC 18.46.120. The first requirement is that a
complete building permit for the application be submitted within 12 months of the date of City
Council approval. The second requirement is that once DCD determines that the building permit
is in conformance with the approval the City Clerk shall record a copy of the PRD with King
County and amend the zoning of the site with a PRD suffix. Construction of improvements must
begin within 12 months from the date of the City Clerk filing. In practice the City has not
recorded the PRD separately with King County or modified the site zoning with the suffix. Staff
suggests that we change the second deadline to require that construction begin within 6 months
of building permit issuance. If that building permit expires, so would the PRD approval.
Q: \CODEAMND\2005AmendCAP.DOC Page 4
Options:
1. Decline to consider changes to PRD expiration deadlines
—>2. Forward the proposal for modified PRD deadlines to the PC
3. Recommend changes to the proposal before forwarding it to the PC
a) Change the length of time allowed for permit submittal or start of construction
b) Other changes
G. Lot of Record Changes
• •
Tukwila's current definitions of lot and site don't clearly define the circumstances under which a
parcel is considered a separate, buildable lot. The City Attorney has reviewed our code language
and suggested the following changes that will tie our definitions to the requirements of State law:
Lot "Lot" means a physically separate and distinct parcel of property which has—been (a) was
created by plat, short plat, or binding site plan, or - . _. . • _ : - , lb) was
bought or sold as separately owned parcel of property . :. .. - _ .. • . • • : prior to
the requirement that lots be created by plat, short plat, or binding site plan.-, or (c) was created by a
transaction which was exempt from the requirement that lots be created by plat, short plat or
binding site plan. "Lots" may be bought or sold as separate parcels of property but the fact that a
parcel of property is defined as a "lot" does not necessarily mean that it may developed as a
separate building site.
Site "Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are
proposed as the location for a development, as defined in TMC 18.06.210, or for some other
activity which requires a permit or approval pursuant to TMC titles 16, 17 or 18. legally defned
County Assessor's Office.
In addition the City Attorney recommends replacing TMC 18.70.030 Preexisting Legal Lots of
Record with amended language clarifying the development rights for substandard lots. We
would continue to allow lots that do not meet current size requirements to be developed, so long
as they can meet current development, land use and environmental standards.
Options:
1. Decline to consider these changes
�� 2. Forward the proposed definition changes to the PC
3. Recommend that the City Attorney consider other changes to the proposal before
forwarding it to the PC
Q: \CODEAMND\2005AmendCAP.DOC Page 5
TYPE OF PERMIT
INITIAL DECISION MAKER
APPEAL BODY
(open record appeal)
Administrative Planned
Residential Development
18.46 17.08.010)
Short Plat Committee
Hearing Examiner
(TMC
Short Plat
(TMC 17.011706012)
Short Plat
Committee
Hearing
Examiner
Decision regarding
Sensitive Areas
(except Reasonable Use
Exception) (TMC 18.45.125)
Community
Development
Director
Planning
Commission
Special Permission Parking, and
Shared, Covenant or
Community
Development
Director
City Council
Complimentary kledifieatiens4e
Certain Parking
StanilafEls (TMC 18.56.0650
and .070)
Sign Permit Denial
(TMC Chapter 19.12.020)
Community
Development
Director
Planning
Commission
Administrative Variance from
Planning
City Council
Parking Standards (TMC
Commission
18.56.140)
TYPE OF PERMIT
DECISION MAKER
Building Development Permit
Building Official
Utility-Permit
Rublie-WeFks-Direetef
Boundary Line Adjustment,
including Lot Consolidation (TMC
Community
Development
Director
17.08)
TYPE OF PERMIT
INITIAL DECISION MAKER
APPEAL BODY
(open record appeal)
Reasonable Use Exceptions under
Planning
City Council
H. Housekeeping
There are several outdated or incorrect TMC citations at TMC 18.104.010. Staff would like to
update, correct or delete these references.
Q:\CODEAMND\2005AmendCAP.DOC
TYPE 1 DECISIONS
TYPE 2 DECISIONS
TYPE 4 DECISIONS
Page 6
Sensitive Areas Ordinance
(TMC 18.45.180 -14)
Commission
Subdivision - Preliminary Plat
(TMC 17.142.020)
Modifications to Certain Variance
Planning
Commission
City Council
from Parking
Standards Over 10% (TMC
Chapter 18.56.140)
Modification or Waiver to
Planning
City Council
Loading Zone or Bicycle Parking
Commission
Requirements (TMC 18.56.060 or
130)
TYPE OF PERMIT
DECISION MAKER
Subdivision - Preliminary Plat
(TMC 17.142.020)
City Council
Subdivision - Final Plat
(TMC 17.142.030)
City Council
Options:
1. Address these housekeeping items at a different time
--> 2. Forward the corrections to the PC
I. Use Definition
TYPE 5 DECISIONS
To address a recent concern regarding the application of the non - conforming use chapter, the
City Attorney proposes that the definition of use be changed to the following:
TMC 18.06.865 Use
"Use" means the nature of the activities taking place on private property or within structures
thereon.
The old definition references the "character and form of improvements to which land is devoted"
and gives rise to the argument that so long as a structure that housed a non - conforming use
remains the use may be reestablished without regard to the length of time that the use has ceased.
Options:
1. Address this issue at a different time
�2. Forward the changed definition to the PC
Q: \CODEAMND\2005AmendCAP.DOC Page 7
J. Trailer Parks
• •
Tukwila's existing Trailer Park regulations (5.32 Tukwila Municipal Code (TMC)) date from
1959. Significant changes in the design of mobile homes have occurred since these regulations
were created and adopted. Staff is currently responding to requests for changes to the
nonconforming Southgate Mobile Home Park. The City Attorney has advised that in order to
respond to property owner requests to modify their parks, that the existing regulations be
updated.
Options:
1. Retain the existing regulations (5.32 TMC)
2. Forward a proposal to develop new regulations for Mobile Home parks to the
PC
3. Eliminate existing regulations and use the underlying zoning standards to regulate
trailer or mobile home parks. For example, apply the multi - family development
standards for single owner mobile home parks that rent the units or the space; or apply
the subdivision standards for mobile home for sale sites.
REQUESTED ACTION
Select an alternative for each of the above proposals and either forward the proposal to the
Planning Commission for consideration, decline to consider the change or hold it back for further
refinement. Staff recommends that the Planning Commission recommendation be returned
directly to the COW, rather than through the CAP a second time.
Q: \CODEAMND\2005AmendCAP.DOC Page 8
Elizabeth McNagny
Department of Social and Health Services
Post Office Box 45848
Olympia, Washington 98504 -5848
(360) 902 -8164 Fax: 902 -7889
Email: mcnagec @dshs.wa.gov
Steve Penland
Department of Fish and Wildlife
Post Office Box 43155
Olympia, Washington 98504 -3155
(360) 902 -2598 Fax: (360) 902 -2946
Email: penlastp @dfw.wa.gov
Review Team
Department of Community, Trade and
Economic Development
Growth Management Services
Post Office Box 42525
Olympia, Washington 98504 -2525
(360) 725 -3000 Fax: (360) 753 -2950
Email: reviewteam @cted.wa.gov
Anne Sharar
Department of Natural Resources
Post Office Box 47001
Olympia, Washington 98504 -7001
(360) 902 -1739 Fax: (360) 902 -1776
Email: anne.sharar @wadnr.gov
John Aden
Department of Health
Division of Drinking Water
Post Office Box 47822
Olympia, Washington 98504 -7822
(360) 236 -3157 Fax: (360) 236 -2252
Email: John.Aden @doh.wa.gov
• •
STATE AGENCIES REVIEWING DEV BEGS
Revised March 2, 2005
Cities and counties need to send their development regulations to the agencies'
representatives, as listed below, at least 60 days ahead of adoption. Adopted development
regulations should be sent to Washington State Department of _Community, Trade and
Economic Development (CTED) immediately upon publication, as well as to any state
agencies that commented on the draft regulation. A jurisdiction does not need to send its
regulation to the agencies which have been called ahead and that have indicated the local
plan will not be reviewed. The jurisdiction should keep a record of this contact with state
agencies and the state agencies response.
S: \Gmu \ADMIN \Lists \State Agencies Reviewing Dev Regs.doc
Maintained by Linda Weyl
SEPA /GMA Coordinator
Department of Ecology
Post Office Box 47600
Olympia, Washington 98504 -7600
(360) 407 -6960 Fax: (360) 407 -6904
Email: gmacoordination @ecy.wa.gov
Harriet Beale
Puget Sound Water Quality Action Team
Post Office Box 40900
Olympia, Washington 98504 -0900
(360) 725 -5442 Fax: (360) 407 -7333
Email: hbeale @psat.wa.gov
Bill Wiebe
Department of Transportation
Post Office Box 47300
Olympia, Washington 98504 -7370
(360) 705 -7965 Fax: 705 -6813
Email: wiebeb @wsdot.wa.gov
Patrick Svoboda
Department of Corrections
Post Office Box 41112
Olympia, Washington 98504-1112
(360) 352 -5090 Fax: (360) 586 -8723
Email: patrick.svoboda @hdrinc.com
Sections:
18.70.010
18.70.020
18.70.030
18.70.040
18.70.050
1 8.70.055
18.70.060
18.70.070
18.70.080
18.70.090
18.70.100
18.70.110
18.70.120
18.70.130
Chapter 13.70
NONCONFORMING LOTS,
STRUCTURES AND USES
Purpose
Construction Approved Prior to Adoption
Title
Substandard Lots
Nonconforming Uses
Nonconforming Structures
Mobile and Manufactured Homes
Repairs and Maintenance
Building Safety
Nonconforming Parking Lots
Nonconforming Landscape Areas
Conditional and Unclassified Uses
Nonconforming Adult Entertainment
Establishment
Sidewalk Dedication
Cargo Containers
18.70.010 Purpose
It is the purpose of this chapter to establish limita-
tions on the expansion and extension of nonconform-
ing uses and structures which adversely affect the
development and perpetuation of desirable residential,
commercial, and industrial areas with appropriate
groupings of compatible and related uses.
(Ord. 1819 §1(part), 1997)
18.70.020 Construction Approved Prior to Adoption
of Title
To avoid undue hardship, nothing in this title shall
be deemed to require a change in plans, construction or
designated use of any building on which actual con-
struction was lawfully begun prior to adoption of this
title and upon which actual building construction has
been carried on in a diligent manner. Actual construc-
tion shall consist of materials in permanent positions
and fastened in a permanent manner, and demolition,
elimination and removal of one or more existing struc-
tures in connection with such construction; providing,
that actual construction work shall be diligently carried
on until the completion of the structure involved.
(Ord. 1819 §1(part), 1997)
18.70.030 Substandard Lots
A. A lot, as defined in TMC 18.06.500, which
does not meet the minimum dimensional standards
for the zone in which it is located may still be devel-
oped as a separate lot if the proposed use is one which
is permitted in the zone and the proposed devel-
opment can comply with the requirements of this title
regarding basic development standards for the applica -
ble zone and other applicable land use and environ-
mental requirements.
TITLE 18 — ZONING
B. A lot, as defined in TMC 18.06.500, which
cannot meet the basic development standards f3r the
applicable zone and other applicable land use and envi-
ronmental requirements may be developed only if it is
combined with adjacent lot(s) in a manner which
allows the combined lots to be developed in a manner
of which does comply with the basic development stan-
dards for the applicable zone and other applicable land
use and environmental requirements. In the event
lots are combined in order to comply with the
requirements of this subsection, a boundary line
adjustment shall occur so that the combined lots are
henceforth considered a single lot.
C. Nothing in this subsection shall be deemed to
prevent the owner of a sub - standard lot from applying
for or receiving approval of variances pursuant to Tib1C
Chapter 18.72.
(Ord. 2097 §21, 2005)
18.70.040 Nonconforming Uses
Any preexisting lawful use of land made noncon-
forming under the terms of this title may be continued
as a nonconforming use, defined in TMC Chapter
18.06, so long as that use remains lawful, subject to the
following:
1. No such nonconforming use shall be
enlarged, intensified, increased or extended to occupy a
greater use of the land, structure or combination of the
two, than was occupied at the effective date of adoption
of this title;
2. No nonconforming use shall be moved or
extended in whole or in part to any other portion of the
lot or parcel occupied by such use at the effective date
of adoption or amendment of this title;
3. If any such nonconforming use ceases for
any reason for a period of more than six consecutive
months, or a total of 365 days in a three -year time
period, whichever occurs first, any subsequent use
shall conform to the regulations specified by this title
for the district in which such use is located;
4. No existing structure devoted to a use not
permitted by this title in the zone in which it is located
shall be structurally altered, except in changing the use
of the structure to a use permitted in the zone in
which it is located; except where minor alterations are
made, pursuant to TMC 18.70.050(1), TMC 18.70.060,
or any other pertinent section, herein;
5. If a change of use is proposed to a use
determined to be nonconforming by application of
provisions in this title, the proposed new use must be
a permitted use in its zone or a use approved under a
Conditional Use or Unclassified Use Permit process,
subject to review and approval by the Planning
Commission and /or the City Council. For purposes of
implementing this section, a change of use constitutes
a change from one Permitted, Conditional or Unclassi-
fied Use category to another such use category as listed
within the zoning code.
Par 1R-129
Lot area, minimum
6,500 sq. ft.
Average lot width (min. 20 ft. street
frontage width), minimum ..
50
Setbacks to yards (minimum):
• Front
20 feet
• Front, decks or porches
15 feet
• Second front
10 feet
• Sides
5 feet
• Rear
10 feet
Height, maximum
30 feet
Off - street parking:
• Residential
See TMC Chapter
18.56, Off- street
Parking/Loading
Regulations
See 18.10.030
• Accessory dwelling unit
• Other uses
See TMC Chapter
18.56, Off- street
Parking/Loading
Regulations
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 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 build-
ings.
4. Dormitories
5. Electrical substations -- distribution.
6. Fire and police stations.
7. Libraries, museums or art galleries (public).
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 and
senior high schools (public), and equivalent private
schools.
(Ord. 1976 §19, 2001; Ord. 1758 §1(part), 1995)
18.10.050 Unclassified Uses
The following uses may be allowed within the
Low - Density Residential District, subject to the
requirements, procedures and conditions established
by the Unclassified Use Permits chapter of TMC
Chapter 18.66, Unclassified Use Permits:
1. Landfills and excavations which the res-
ponsible official, acting pursuant to the State Environ-
mental Policy Act, determines are significant envi-
ronmental actions.
2. Neighborhood stormwater detention and
treatment facilities.
3. Stormwater pump stations.
4. Water utility reservoirs and related facilities.
5 Sewage lift stations.
6. Water pump stations.
7. Mass transit facilities.
8. Other uses not specifically listed in this
Title which the Director determines to be:
a. Similar in nature to other uses
allowed through the Unclassified Use Permit;
b. Consistent with the stated purpose of
the District;
c. Consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1865 §6, 1999; Ord. 1816 §1, 1997;
Ord. 1758 §1(part), 1995)
TITLE 18 — ZONING
18.10.055 Design Review
Design review is required for developments in a
Commercial Redevelopment Area that propose the
uses and standards of an adjacent commercial zone.
(See TMC Chapter 18.60, Board of Architectural
Review)
(Ord. 1865 §7, 1999)
18.10.057 Maximum Building Footprint
The maximum total footprint of all residential
structures located on a lot in the Low - Density Residen-
tial District shall be limited to 35% of the lot area,
provided:
1. The maximum footprint is reduced by
0.125% for each 100 square feet of lot area in excess of
6,500 square feet and less than 19,000 square feet;
2. The maximum footprint shall be 4,000
square feet for lots between 19,000 square feet and
32,670 square feet;
3. The maximum footprint shall be 5,000
square feet for lots between 32,760 square feet and
43,560 square feet;
4. The maximum footprint shall be 6,000
square feet for lots over 43,560 square feet; and
5. For lots less than 6,500 square feet in size,
the maximum total footprint shall be the area defined
by the application of the standard setback requirements
set forth in the applicable Basic Development
Standards, up to a maximum of 2,275 square feet.
(Ord. 1971 §6, 2001)
18.10.060 Basic Development Standards
Development within the Low - Density Residential
District shall conform to the following listed and
referenced standards:
LDR BASIC DEVELOPMENT STANDARDS
(Ord. 1971 §4, 2001; Ord. 1758 §1(part), 1995)
TUKWILA MUNICIPAL CODE
18.06.454 Internet Data/Telecommunication Center
"Internet data /telecommunication center" means a
secure, climate - controlled facility with emergency
backup power that contains internet data transmission
and switching equipment and /or telecommunication
transmission and switching equipment. This equip-
ment may include computer network routers,
switches and servers for one or more companies.
(Ord. 1974 §1, 2001)
18.06.460 Junk Yard
"Junk yard" means a lot, land or structure, or part
thereof, used for the collection, storage and sale of
waste paper, rags, scrap metal or discarded material; or
for the collecting, dismantling, storage, salvaging and
sale of parts of machinery or vehicles not in running
condition.
(Ord. 1758 §1(part), 1995)
18.06.465 Kennel
"Kennel" means a place where four or more dogs
or cats or any combination thereof are kept.
(Ord. 1758 §1(part), 1995)
18.06.470 Laboratory, Medical and Dental
"Medical or dental laboratory" means premises
devoted to sample testing or product development in
any branch of medicine or dentistry, including the
application of scientific principles in testing, analysis, or
preparation of drugs, chemicals or other products or
substances but specifically excluding the commercial
manufacturing or storage and distribution operations in
excess of 20,000 square feet of floor area.
(Ord. 1758 §1(part), 1995)
18.06.473 Land Surveyor
"Land surveyor" means an individual registered in
accordance with the provisions of RCW 18.43 and
licensed to perform land surveys in the State of
Washington.
(Ord. 1834 §2(part), 1998)
18.06.475 Land- Altering Activity
"Land- altering activity" means any activity that
results in change of the natural cover or topography, as
defined in TMC Chapter 16.54, Land Altering.
(Ord. 1758 §1(part), 1995)
18.06.480 Land - Altering Permit
"Land - altering permit" means a permit for land -
altering activity issued by the City of Tukwila pursuant
to TMC Chapter 16.54, Land Altering.
(Ord. 1758 §1(part), 1995)
18.06.485 Landscape Architect
"Landscape architect" means a person licensed by
the State of Washington to engage in the practice of
landscape architecture as defined by RCW 18.96.030.
(Ord. 1758 §1(part), 1995)
18.06.490 Landscaping or Landscaped Areas
"Landscaping or landscaped areas" means natural
vegetation such as trees, shrubs, groundcover, and
other landscape materials arranged in a manner to
produce an aesthetic effect appropriate for the use to
which the land is put.
(Ord. 1758 §1(part), 1995)
18.06.493 Lease
"Lease" means a contract or agreement whereby
one party grants to another party general or limited
rights, title or interest in real property. This definition is
intended to apply to those agreements which are
ordinarily considered "ground leases ", and shall not
apply to those which are ordinarily considered "space
leases."
(Ord. 1834 §2(part), 1998j
18.06.495 Loading Space
"Loading space" means a space which is on the
same site with the principal use served and which
provides for the temporary parking of a vehicle while
loading or unloading merchandise, materials or passen-
gers.
(Ord. 1758 §1(part), 1995)
18.06.500 Lot
A. "Lot" means a physically separate and distinct
parcel of property which:
1. was created by plat, short plat, or binding
site plan; or
2. was bought or sold as a separately -owned
parcel of property prior to the requirement that lots be
created by plat, short plat, or binding site plan; or
3. was created by a transaction which was
exempt from the requirement that lots be created by
plat, short plat or binding site plan.
B. "Lots" may be bought or sold as separate
parcels of property, but the fact that a parcel of property
is defined as a "lot" does not necessarily mean that it
may developed as a separate building site.
(Ord. 2097 §3, 2005; Ord. 1758 §1(part), 1995)
18.06.505 Lot Area
"Lot area" means the total horizontal area within
the boundary lines of a lot and exclusive of street right -
of -way, street easement, or private access roads
serving more than one lot authorized pursuant to the
subdivision ordinance.
(Ord. 1834 §3, 1998; Ord. 1758 §1(part), 1995)
18.06.510 Lot, Corner
"Corner lot" means a lot abutting two or more
streets or parts of the same street forming an interior
angle of less than 135 degrees within the lot lines.
(Ord. 1758 §1(part), 1995)
PrintPri .lantiary 2006
• FEATURE FYI
pr N/t c 8/ is 1; . ALa
The Changing Face of Manufactured Housing
was during final inspection
o a new home in Douglas,
Wyoming, a few years back that
Mike Roy realized manufactured
housing as he knew it had changed.
Roy, community development direc-
tor for the city of 5,400, had come to
know the new homeowner during the
permitting process. Upon entering the
home, he recalled that he couldn't help
exclaiming: — Doris, I'm glad you have to
vacuum this and not me.' It was a beauti-
ful home," he adds. "They planned it
with a master suite and room for an elk's
head mounted over the fireplace."
The home had a floor plan of 2,500
square feet. And that was just the ground
floor.
The home, in other words, was a far
cry from the single -wide trailer home sit-
ting on tires and jacks that many people
still picture when they think of "manu-
factured housing."
Slowly, communities across the
nation are coming to realize that manu-
factured housing is not just a gussied -up
term for trailers. Instead, manufactured
housing has become a catch -all phrase
for any dwelling at least partially built
in a factory, as opposed to "traditional"
housing entirely assembled at the
home site.
by Matt Weiser
The industry still builds that familiar
"mobile home" on a chassis with wheels,
but these now represent a shrinking por-
tion of the market, and even these rarely
wear those wheels permanently. Instead,
esthetic concerns have pushed the indus-
try to turn mobile homes into conven-
tional dwellings that are really only
"mobile" while being delivered to the
building site.
TIONWIDL` ABOUT 22
ILI ION?PEOPLL
FACTORY, BUILT HOUSI * ONE 1N 1 Z
1?EOPLE
"Manufactured housing" today sim-
ply means any home built according to
rigid federal standards that reformed the
mobile home industry in 1976. Called
the HUD Code, these standards so
increased the quality of mobile homes
that the industry became competitive
with conventional housing, and began to
produce ready -made homes almost indis-
tinguishable from traditional stick -built
housing.
The industry has even gone back to
its roots. The broader category of factory-
built housing now includes kit homes
with cutting -edge architecture that fol-
low the path originally defined by the
Sears catalog kit home, which first sold
for $945 in 1908 (later versions sold for
as little as $373).
Manufactured homes are now almost
always installed on permanent founda-
tions. Homeowners often choose a man-
ufactured home for their residential lot —
whether rural or urban — because it is
faster and easier to build, and less costly.
The Housing Ladder, p.5. With a shorter
build time, delays caused by labor avail-
ability and weather are minimized.
"The homes themselves are able to
blend in anywhere," said Thayer Long,
assistant vice president of the Manufac-
tured Housing Institute, the chief indus-
try trade group. "People are realizing the
quality is just the same as a site -built
home. In some cases, it's better. And you
can get it any way you want it now"
The quality and diversity of today's
manufactured housing is throwing tradi-
tional definitions out the window. An
unfortunate consequence is that many
local governments are more puzzled
than ever about how to handle this
increasingly popular housing sector.
This was made clear recently in Logan,
PLANNING COMMISSIONERS JOURNAL / NUMBER 59 / SUMMER 2005
continued on page 4
Shown here, the three -story Harriet Lane Townhomes, in West Sacramento,
California. Built by Karsten Homes, these manufactured townhomes are selling
at market rate, with starting prices of $329,000 for a 1,475 square foot home.
S
5
O
A Manufactured
Housing Glossary
•
Stick -built or site -built home
Industry term for a "traditional" home
assembled piece -by -piece at the building
site from rough boards and other materials
delivered in bulk.
. Factory-built home
The catch -all term for any home built
at least partially in a factory setting, as
opposed to site - built.
Manufactured home
A single - family house constructed
entirely in a controlled factory environment,
and built to the federal Manufactured Home
Construction and Safety Standards (better
known as the HUD Code). May be single -
or multi- section, usually transported to
the site whole, and usually installed on a
permanent foundation.
HUD Code
The Federal Manufactured Home
Construction and Safety Standards (com-
monly known as the HUD Code) went into
effect June 15, 1976 and sets standards for
manufactured homes. The standards regu-
late design and construction, strength and
durability, transportability, fire resistance,
energy efficiency and quality. On -site addi-
tions, such as garages, decks, and porches,
are built to local, state, or regional building
codes.
Modular home
Finished housing sections, built in a
factory, are transported to the building site
and joined together on a permanent foun-
dation. This may include whole sections,
such as bedrooms and living areas, chosen
by the buyer and assembled such that
they result in a floor plan that resembles
o ._ yt1,49
"Put them on the right side of the door and sort of scatter them around."
We've come a long way from the early era of
"mobile homes."
a traditional home. Subject to state or local
codes, not HUD code.
Panelized home
Factory-built homes in which panels —
a whole wall with windows, doors, wiring,
and exterior siding — are transported to the
site and assembled on a permanent foun-
dation. Subject to state or local codes, not
HUD code.
Pre -cut home
Factory-built housing in which build
ing materials are factory-cut to design
specifications, transported to the site and
assembled. Pre -cut homes include kit,.log
and dome homes. Subject to state or local,
codes, not HUD code.
Prefab home
Another term for a Panelized, Pre -cut •
or Modular home. The term has come into
vogue recently among architects designing
modernist homes that are at least partly.
factory built. Subject to state or local
codes, not HUD code.
Mobile home
A factory-built home produced prior
to June 15, 1976, when the HUD Code'
took effect. By 1970, these homes were
built to voluntary industry standards that
were eventually enforced by 45 of the 48
contiguous states. Usually installed on a
temporary foundation.
Singlewide mobile home
The familiar long and narrow
mobile home, usually 14 feet
wide. Also called a single section
home.
Doublewide mobile home
Two 14- foot -wide mobile
homes joined together perma-
nently to form a single residence.
Also called a double section
home.
•
...Manufactured Housing
continued from page 3
West Virginia, population 1,600. In Feb-
ruary the city council there banned man-
ufactured housing from a major section
of the town's residential area.
"We haven't had too good luck with
trailers," said Logan Mayor Claude Ellis.
"It's because of the sort of people mov-
ing into them, not keeping them up and
not living well in them. We were afraid it
was spreading."
The city's intent was to eliminate
older mobile homes that have fallen into
disrepair. But the new rules effectively
banned all types of factory-built housing.
This kind of "not in my backyard"
thinking isn't limited to small towns.
In December 2004, the city of Dallas,
Texas, population 1.1 million, banned
factory -built housing on any land sold
by the city for affordable housing pro-
jects. The city claimed it found a loop-
hole in a state law intended to protect
manufactured housing.
A.V Gallagher, executive director of
the West Virginia Housing Institute, said
this kind of over - reaching is common
when cities attempt to draw lines
around housi types. The result is that
a broad category of affordable and
unique housing options is eliminated
from the market, usually hurting the
people who need those options most.
In the city of Logan, officials refused
Gallagher's request for a two -week delay
in the rulemaking process in order tc
craft a compromise.
"It's simply a matter of discrimina-
tion to us," Gallagher said. "I think it
something the industry is going to have
to continue to battle for a long time."
Many complaints about manufac
cured housing arise from the perceptior
that it degrades surrounding property
values. But numerous studies have
debunked that myth, proving that neigh
boring properties continue to appreciate
at normal rates after manufacturec
housing is built.' A Property Values of Manu
factured Housing, p.6.
This recent cartoon from The New Yorker magazine humorously plays on our stereotypical
image of mobile home residents. For more on stereotypes, see our page 2 editorial.
PLANNING COMMISSIONERS JOURNAL / NUMBER 59 / SUMMER 2005
The solution, as Douglas, Wyoming,
officials learned, is to gather all sides
around the negotiating table for straight
talk about what the city wants to achieve
with manufactured housing. The result
will be a shared understanding of what is
meant by manufactured housing and
consensus about how to make it work for
the city.
Several years ago, Douglas had a
"knock -down, drag -out' fight over man-
ufactured housing, says Roy. Enterpris-
ing developers were trying to exploit
loopholes in the town's zoning rules by
bringing old mobile homes into estab-
lished residential areas. The town also
had to face the reality of its cyclical econ-
omy, which creates bursts of demand for
modestly priced housing. Factory-built
housing was recognized as one way to
meet that need, because it can be built
cheaper and quicker than traditional
housing.
"We understand that we've got basi-
cally a working - class, median - income
population in this community," said
Sherry Mullinex, the town's mayor and
a planning commissioner before that.
"With building costs going up astro-
nomically, this was an affordable, viable
1 The exception reported in one study was for an
Alabama county where properties located within 250
feet of a manufactured dwelling had a lower rate of
property value appreciation. See "The Impact of
Manufactured Housing on Adjacent Site -Built Resi-
dential Properties in Two Alabama Counties," by
Charles E. Hegji and Linda Mitchell (Auburn Univer-
sity 2000), which also includes a review of other
research which has found little or no impact on near-
by properties.
How manufactured housing is landscaped, and the individual touches that homeowners add, can make a
big difference in creating an attractive neighborhood — as here in South Burlington, Vermont.
solution for a lot of people. We wanted to
be sensitive to that."
Of course, the city also had to be
sensitive to the NIMBY response. So it
created design standards to ensure that
manufactured homes would fit into
existing neighborhoods. Douglas and
other communities have focused on the
following elements to ensure manufac-
tured housing is compatible with exist-
ing neighborhoods:
• Roof pitch: Often a range or a mini-
mum is specified so that manufactured
homes have a peaked roof to match exist-
ing norms in the community, along with
requirements for a minimum roof over-
hang.
• Foundation appearance: To prevent
manufactured homes from sitting up on
piers. This can be achieved with land-
scaping requirements, a requirement for
permanent foundations, or grading ele-
vation standards.
• Exterior siding: A simple requirement
for wood siding is often enough to
ensure compatibility.
"We have found that it has worked
well for us," said Mullinex. "There were a
continued on page 6
PLANNING COMMISSIONERS JOURNAL / NUMBER 59 / SUMMER 2005
EOM
Editor's Note:
The Housing Ladder
One of the key benefits of
manufactured housing is that it can help
a community provide several important
(and affordable) rungs on the "housing
ladder." Housing data indicates that man-
ufactured housing is especially important
in meeting the needs of young families,
single - parent households, and seniors.
Provided that manufactured housing is
well- designed and sited — something
planners and local officials can help
ensure through local regulation — we
should welcome the affordability benefits
that manufactured housing brings.
Just a few numbers:
• the median net worth of owners of
manufactured homes is $59,000 —
compared to $102,000 for all other
homeowners.'
• the square foot costs of manufactured
housing is approximately 75 percent that
of site -built homes of comparable size
and quality.'
• 25 percent of manufactured home
owners are under 34 years old, compared
to 14 percent of all other homeowners.'
As researchers Kimberly Vermeer and
Josephine Louie explain, "Manufactured
housing appeals to first -time homebuyers,
older homeowner households, and for
many who will trade their units for con-
ventionally -built single- family detached
homes." On the last point, Vermeer and
' Louie note that "many households
acquire and then trade manufactured
units as they move up the housing
ladder."
2 See page 395 of the paper by Richard Genz cited
in, Property Values on page 6; based on 1997
Federal Reserve Board data.
3 A detailed review of studies on comparative
costs of manufactured and site -built housing is
reported on pages 21 -23 of "The Future of Manu-
factured Housing," by Kimberly Vermeer &
Josephine Louie (Harvard University Joini Center
for Housing Studies; January 1997). .
4 Ibid. p. 16.
Property Values
• fManufactured
Editor's Note:
Mobile Homes in
a National Historic
District?
Yes, it's possible, just visit Braden
Castle Park, a national register
historic district bordering the Man-
atee River in Bradenton, Florida.
According to a description by the
Florida Office of Cultural and
Historic Programs: "A remarkably
complete assemblage of small
frame cottages, trailer sites, and
large communal buildings
designed to serve as seasonal
•
•• of
Housing
Manufactured housing typically shows
lower rates of appreciation than other
housing. Richard Genz, a housing analyst
and principal of Housing & Community
Insight, believes that part of the explana-
tion lies in the fact that nearly 80 percent
of manufactured housing is titled as per-
sonal property or chattel — as opposed to
real estate. Some 18 states specifically cate-
gorize manufactured housing as personal
property, while many others only classify
manufactured housing as real property if it
is sited on the owner's land.
As Genz explains, the way manufac-
tured housing is classified can be critical
to resale value. "Bringing manufactured
housing unambiguously into the world of
real housing would improve owners' .
access to resale markets and financing and
contribute to the accumulation of wealth.
... The state -by -state patchwork of catego-
rization is itself a barrier to integrating
manufactured housing into mainstream
markets."
Moreover, manufactured housing has
evolved considerably since its origins as a
readily transportable trailer — when classi-
fication as personal property made sense.'
Genz notes that only about one in a hun-
dred "mobile" homes are ever moved from
where they are first installed.
See Richard Genz, "Why Advocates Need to
Rethink Manufactured Housing," Housing Policy
Debate,Vol. 12, Issue 2 (Fannie Mae Foundation
2001).
campground for the Camping
Tourist of America. Laid out in
1924." And at its heart: the ruins
of an 1850 mansion/castle,
destroyed by fire in 1903!
Having visited Braden Castle
Park a few years ago with Braden-
ton Development Services Director
Larry Frey (also a member of the
PCJ's Editorial Advisory Board),
I was truly amazed to see how
so many seemingly disparate
structures — mobile homes, trim
cottages, a community center,
and, of course, the Castle ruins —
could blend so well together.
...Manufactured Housing
continued from page 5
lot of people that had grown up with the
idea of mobile homes being imperma
nent housing choices, and also having ai
onus around them that they didn't age
well and represented a lower - income
choice. But if people have looked arounc
much in the last ten years, they know the
industry has changed enormously., Yot
can build a home that is every bit a
structurally sound and esthetically pleas
ing, but you can do it much more afford
ably. They are a legitimate and reasonabl,
alternative."
Others suggest it is important to focu
debate on the finished product, rathe
than on the construction method. In the
end, it doesn't really matter how th,
Views of Braden Castle Park, including the Castle ruins.
Most of the housing is now occupied by year -round residents.
PLANNING COMMISSIONERS JOURNAL / NUMBER 59 / SUMMER 2005
It can be difficult to distinguish a growing amount
of today's manufactured housing, such as the home
shown above, from site - built.
home was built, as long as the finished
product is structurally sound and esthet-
ically pleasing.
"If you have a set of design criteria,
that's great, but let that criteria be applied
to all forms of housing," said Long of the
Manufactured Housing Institute.
Some caution that getting too rigid
with design standards could have a nega-
tive affect much like an outright ban.
Michael Sylvester, a consultant and foun-
der of the website <www fabprefab.com >,
said the result could be £n architectural
sameness that makes a town boring.
Not everyone wants the status quo, he
said. In fact, many manufactured hous-
ing builders now cater to buyers who
want to own a visually unique home that
comes in an easy -to -build package.
Creating flexibility for factory -built
housing in local development codes can
ensure a diverse and vibrant housing
market that offers something for every-
one.
"There are people who say, `In my
neighborhood we have Tudor homes
with rose gardens out the front. That's
who we are and that's what we want',"
said Sylvester. His website targets the
modernist cutting edge of factory-built
housing. "Lots of people want to express
themselves with the kind of housing they
live in. I wish some planners would get a
bit more progressive and experimental in
what kinds of designs they're willing to
experience within their communities."
The term "manufactured housing" is
often used to describe any home built at
least partially in a factory. But the term
officially refers to homes built entirely in
, tories and according to the Federal
nufactured Home Construction and
Safety Standards, adopted in 1976.
Commonly known as the HUD Code,
these standards dramatically improved
the quality of mobile homes, and helped
move the industry away from wheel-
ed homes toward more conventional
products.
The code set standards for construc-
tion, strength and durability, transporta-
bility, fire safety and energy efficiency. It
also includes performance standards for
heating, plumbing, air conditioning and
electrical systems. Homes built according
to the HUD Code are not subject to local
building codes.
Other types of factory-built housing
are partially built in a factory, but final
assembly occurs at the home site. These
are subject to local building codes, not
the HUD Code, and may include panel-
ized, modular and kit homes.
Despite the industry's advances,
homeowners and regulators should fol-
low the same advice that applies to any
purchase: buyer beware. So says John
Sisker, co- founder of the Manufactured
Home Owners Network, based in Hunt-
ington Beach, California. Just as with
automobiles, Sisker says, the quality of
manufactured housing varies tremen-
dously. Some homes can be equated to a
Cadillac, while others might be consid-
ered a Yugo. It has everything to do with
the quality of materials that go into the
home.
This is an impossible area for local
officials to regulate, but Sisker said a lot
of trouble can be avoided by drafting
careful installation standards for manu-
factured homes. Poor installation can
lead to problems later that may degrade a
neighborhood, such as cracked walls,
settling, and mold.
"You can take a nice quality home,
but if you have a bad setup crew, that's
going to affect the quality of the home,"
said Sisker.
Mike Roy of Douglas, Wyoming, said
this is why he has considered proposing
a certification program for manufactured
housing installers in his community.
continued on page 8
Editors Note:
Tornado Magnets?
That's the title of an excellent
two page summary prepared by Con-
sumers Union (CU) in response to the
commonly held perception that residents
of manufactured homes are at much
higher risk of death or injury in tornados
and hurricanes. •
CU's review of research literature
indicates that such storms do pose greater
risks to residents of manufactured homes.
However, the principal risk factor is
poor installation and anchoring of manu-
factured homes (and lack of periodic
inspections to ensure that "tie- downs"
are maintained) — something that can be
dealt with.
For example, in Orange County,
Florida, local officials began a free.inspec
lion program of manufactured housing
installations after series of deadly • •
tornados in 1998. Many cities and coun- •
ties also require inspections as part of the'
permitting process. ; - . •
CU notes that the trend towards double
-wide manufactured homes, installed on. .
permanent foundations, will decrease sus-
ceptibility to wind damage. Finally, CU ' •
recommends that tornado shelters be. .
included in manufactured home parks, or
in areas where there is a concentration of ' • .
manufactured homes. _ .:
= .:.To download the _Consumers Union
• • information <wwwconsumersunion:= -•
. org/pdf/mh/rornado.pdf >, this
•
from a muchlonger. Consuiners'�Union
report• on manufactured housing; "Paper ` •
Tiger, Missing Dragon'.' available. at:'•: •
<ww‘kconsumersunion.org/Otheilmli/
paper >).: - ' -
For a perspective from: the manufac
: tured housing industy see "Storm Safe •
. ty ": <www mhao.org/myths.asp>
Manufactured Housing Association of
• Oklahoma web site).
PLANNING COMMISSIONERS JOURNAL / NUMBER 59 / SUMMER 2005
Prefab:
Architects
Breaking Barriers
by Matt Weiser
Nothing better illustrates how far fac-
tory-built housing has come than the
clamor over prefab. Modernist prefab in
particular.
What is modernist prefab, you ask?
A very good question, and not easily
answered.
In general it is a home that is minimal-
ist, free of decoration, has an open floor
plan with lots of windows and exposed
structural features, and invites the out-
doors in.
Pick up a trendy shelter magazine like
Dwell and you'll see it expressed in a thou-
sand ways. It's the sort of housing often
associated with artists, or, at least, art
lovers.
Despite the lofty description, mod-
ernist prefab is still just factory-built hous-
ing. And its popularity indicates how
dangerous it can be to regulate manufac-
tured housing with a broad brush.
"There are planning commissioners
that think anything that comes out of a
factory is a trailer home, and they don't
want them in their neighborhood," said
Michael Sylvester, founder of the website
<fabprefab.com> and a consultant in the
field. "They need to understand better just
what kind of housing they're passing judg-
ment on."
Communities that ban manufactured
housing or strictly define its nature could
be legislating architectural brilliance out of
their neighborhoods, Sylvester said. They
Illk also unwittingly exclude a growing
pool of creative and well - heeled residents.
Sylvester called the market for mod-
ernist prefab "huge."
"There's pent up demand from people
who want something different from your
standard cookie - cutter tract housing."
The blossoming of modernist prefab is
linked, like so many new trends, to the
Internet. Architects can now easily offer a
clever product to the world thanks to this
electronic marketplace, and buyers can
obtain it without having to hire an archi-
tect. That had been a turnoff to many buy -;
ers who did not like the ill- defined nature
of such contracts.
The result is what Sylvester calls "pro
ductized architecture," in which the design-
er's creative genius has been transformed
into a finished product that sits on the
shelf, waiting to be purchased.
It also taps into a growing urge for more
sustainable shelter. Most designers of mod-
ernist prefab homes carefully research all
their building materials to ensure every-
thing is recycled, produced sustainably and
with a minimum of chemicals.
Most of these homes are also much
smaller than conventional stick - built
homes, appealing to surging demand for
tidy vacation cottages or to baby boomers
who are "downshifting" in life after their
children have moved out.
It's not necessarily affordable housing,
but it can be. For less than $100,000, a
buyer can have cutting -edge architecture
delivered and erected on their home site.
That is, if they're willing to live with
around 1,000 square feet.
At the University of Kansas, a student
project called Studio 804 is designing
and building a modernist prefab home
for use in affordable housing develop-
ments, in partnership with Kansas
City officials and local nonprofits.
"There are some people who see
this modernist prefab as elitist or a
design indulgence," said Sylvester.
"But just because something is afford-
able doesn't mean it has to be ugly or
poorly constructed."
The LV Home, shown here, picks up where the Sears hit homes of the early 1900s left off Created by
architect Rocio Romero of Perryville, Missouri, it exemplifies the new wave of "modernist prefab"
homes that is transforming the factory-built housing world. The LV Home includes two bedrooms
and two baths in 1,150 square feet, and sells for $32,500 (though build costs and fixtures could
more than double the finished price). It is designed to be built by the homeowner, and its layout is
intended to frame the natural environment.
li nufactured Housing
continued from page 7
Nationwide, about 22 million people
now live in factory -built housing,
according to the Manufactured Housing
Institute, or about one in 12 people.
In 2001 it was a $10 billion industry,
accounting for one of every seven hous-
ing starts. That market share has
declined somewhat since then, and it
still pales compared to Europe, where
70 percent of all new housing is factory
built.
The Institute's figures also show that
consumer tastes in manufactured hous-
ing are moving upmarket. In 1990, for
instance, single- section manufactured
homes accounted for 52 percent of the
market nationally, but by 2004, more
elaborate multi - section homes dominat-
ed with 74 percent of the market. The
biggest market for manufactured hous-
ing is the southeast, accounting for
more than half of all sales, and single -
section homes are still a large part of the
market in this region.
It's clear that in all markets, manufac-
tured homes remain an affordable
option for buyers. The construction cost
of a manufactured home has remained
significantly below that of a comparably
sized stick -built home, though both have
increased. The Housing Ladder, p.5 Accord-
ing to the U.S. Census Bureau, a manu-
factured home cost $32 per square foot
in 2001, compared to $25 per square
foot a decade earlier.
Across the nation, at least 20 states
have adopted laws that forbid local
development codes from discriminating
against factory-built housing. Many fol-
low the California model, which simply
requires that all cities and counties must
allow factory-built housing in residen-
tial zones. California permits architec-
tural standards to ensure factory -built
homes blend in, and allows cities to
prohibit manufactured units more than
ten years old and to exclude them from
5 According to Richard Genz, about 7 out of 10 man-
ufactured homes are in rural locations. Manufac-
tured housing comprises about 15 percent of the
non -metro housing stock nationwide. See p.399 of
paper cited in - Property Values on page 6.
PLANNING COMMISSIONERS JOURNAL / NUMBER 59 / SUMMER 2005
historically significant areas. The Ameri-
can Planning Association's Policy Guide
factory-built housing also calls for any
local zoning or subdivision standards to
"be applied equally to all housing
forms."
In Mariposa County, California, a
rural area near Yosemite National Park,
up to half of all new homes are factory
built, said Building Director John Davis.
The county created a special page on its
website to help property owners and
contractors comply with local rules
when building a manufactured home.
"It's the same inspection process, but
the timelines are quicker," said Davis.
"Once it's attached to a foundation, it's
treated like a regular stick -built home.
Some of them, you drive up and you can't
tell one from the other, a lot of the time.
They make these fancier and fancier so
they fit right in nowadays, and with dif-
ferent types of foundations that go under
them, we haven't had any problems.
They're becoming more and more
acceptable all the time, really"
Some states have riot yet adopted
such broad non - discrimination rules.
New Hampshire and North Carolina, for
instance, only require that factory-built
housing be allowed somewhere within
the local jurisdiction, but it can still be
excluded from some or all single- family
zones. Virginia protects factory -built
housing only in agricultural zones. Mass-
achusetts specifically allows factory-built
housing on a residential lot only as tem-
porary housing after the original home
was destroyed, and then only for 12
months.
"We still think there's a lot more work
that should be done on the local level,"
said Long of the Manufactured Housing
Institute. "What we'd like to see is a set
of rules applied equally to all forms of
housing, and that don't specifically
exclude manufactured housing. There
are a lot of people out there who want to
live in a manufactured home. I know that
may be hard to fathom for some people,
but there's no reason they shouldn't have
that opportunity. Let manufactured
housing under the tent."
Gail Easley, a development consultant
Crystal River, Florida, has worked
e ith local governments for 20 years to
help them craft ordinances to ensure
manufactured housing is compatible
with existing neighborhoods. Florida,
like California, forbids local rules that
discriminate against manufactured hous-
ing. Easley admits she has "mixed feel-
ings" about this, mainly because her state
has seen so many older mobile homes
destroyed in natural disasters. But
stricter building standards and founda-
tion requirements have made manufac-
tured housing more compatible with
Florida's volatile weather.
"If 1 put on my affordable housing
hat, I have to say it's important to allow
manufactured housing with less restric-
tion than we did in the old days," Easley
says. "Up until recently, there weren't
very good examples of compatible
appearance and siting. But the industry
has responded very well, in my mind,
because of the kind of appearance stan-
dards that people like me write."
Meanwhile, back in Logan, West Vir-
ginia, mayor Claude Ellis says that
despite the city's newly adopted ban,
there is room in the new city rules to
make exceptions for manufactured
homes that "look right."
But the West Virginia Housing Insti-
tute is taking a different course. Logan's
ban prompted the group to propose leg-
islation, introduced in March, that would
bring the state into line with California,
Florida and others by preventing dis-
crimination against factory-built housing
statewide.
"What we're trying to do is combat
that thinking in the minds of city officials
so they'll relook at our industry, and see
that we're talking about $80,000 homes
and not just the old trailers of the past,"
said Gallagher. o
Matt Weiser is a free-
lance writer based in Sacra-
mento, California. Last
year he won the American
Planning Association Jour-
nalism Award for a series
of stories on how sprawl
development contributes to
air pollution.
Selected
Web
Resources
• Manufactured Housing Institute.
The chief industry trade group.
<www manu facturedhousing. org>
• Fabprefab, a hub for information about
"modernist prefab" housing, with discus-
sion forums and links to architects and
products. <wwwfabprefab.com>
• American Planning Association policy
guide on factory-built housing.
<www.planning.org/policyguides/factory
housing.htm>
• U.S. Department of Housing and Urban
Development standards and guidelines for
manufactured housing. <www.hud.gov/
offices/hsg/sf h/mhs/mhshome. cfm>
• National Association of Home Builders
"building systems" resources, with informa-
tion on concrete, log, panelized, and other
factory-built housing approaches.
• <wwwnahb.org/buildingsystems>
• •.'Studio 804, a student project at the
• University of Kansas to design and
build affordable prefab housing.
<wwwstudio804.com> •
r Beyond the Trailer Park — Design
• Innovations in Manufactured Housing, from
an exhibition at Chicago's Field Museum.
<www lynnbecker .com/repeat/beyondtrailer/
designinnova Lions. h tm>
Over the years, the Planning Commis-
sioners Journal has run several articles on
housing and on NIMBYism. The following
articles can be downloaded for a small fee.
By using the links below, you can first read
excerpts from each of the articles.
• Providing Affordable Housing, by
Michael Bodaken & Anne Heitlinger
<www.plannersweb.com/wfiles/w185.html>
• Why Not in Our Back Yard?
by Michael Allen
<www.plannersweb.com/wfiles/w122.html>
• Dealing With the Fear of Multi- Family
Housing, by Ray Quay
<www.plannersweb.com/wfiles/w396.html>
• Understanding HUD's Consolidated Plan
Requirement, by Ed Gramlich
<www.plannersweb.com/wfiles/w355.html>
• Community Land Trusts:
An Introduction, by Tom Peterson
<www.plannersweb.com/wfiles/w162.html>
PLANNING COMMISSIONERS JOURNAL / NUMBER 59 / SUMMER 2005