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HomeMy WebLinkAboutCDN 2018-03-13 Item 2C - Ordinance - Accessory Dwelling Units (ADUs) RegulationsCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Jack Pace, Community Development Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: March 6, 2018 SUBJECT: Accessory Dwelling Unit Code Amendments ISSUE Should development regulations for Accessory Dwelling Units be changed to allow more flexibility and encourage the development of this housing type? BACKGROUND In March 2017 the City Council held a Housing Policy Work Session and considered a variety of housing related actions. One of the items that the Council prioritized for policy consideration was an update to Accessory Dwelling Unit (ADU) zoning standards to be followed by an amnesty program for existing units. The intention was to create additional housing options and address the life safety issues in the many illegal ADU conversions in the City. Staff began public outreach and education about this issue in mid-July 2017 by developing a survey about possible changes to current ADU standards. The intent was to give the Council a general sense of the public support for or opposition to the possible changes. The survey was publicized at "See You in the Park" events, emailed to Tukwila boards and commissions, emailed to 468 single family and duplex landlords with rental housing licenses, published in the July Tukwila Reporter and posted on the City's Facebook account. We received 165 responses to the survey, and overall a majority supported making changes to all of Tukwila's current standards, though for some questions such as maintaining the owner occupancy requirement there was less than a 10% spread. Staff took the survey results and policy options to the Community Development and Neighborhoods Committee and City Council, see Attachment E for links to prior packets. Notice of the October 26, 2017 public hearing before the Planning Commission was mailed to all LDR property owners and renters. The PC chose from a variety of proposed policy changes related to Accessory Dwelling Units (ADUs). Staff prepared a draft of the code changes to codify those policy choices along with other suggested edits. On February 15 the Planning Commission reviewed the draft edits and forwarded a recommendation to Council. There are currently 120 addresses in our email interest list, see Attachment C for public comments on this issue. 19 INFORMATIONAL MEMO Page 2 The City performed an environmental review (SEPA analysis) on this non -project action to amend the Zoning Code with the proposed ADU changes and issued a Determination of Non - Significance (DNS) on January 24, 2018. DISCUSSION The policy direction set by the PC is reflected in the draft ordinance at Attachment A and summarized as follows: 1. Add a definition of ADU to the Zoning Code for clarity. 2. Remove ADUs as an accessory use in non-residential districts (MUO, 0, RCC, NCC, TVS and TSO) because they must be accessory to an owner -occupied single-family house. Allowing additional residential uses in these zones would increase incompatible uses and environmental impacts such as noise. 3. Allow detached ADUs under the following conditions: • Not allowed if there is an attached ADU on site (only 1 ADU per parcel) • Unit may be up to 1,000 square feet (must still meet the existing standards for total building footprints of 2,275 sf and maximum impervious area of 4,875 sf for a 6,500 sf lot. • Detached units must be set back at least as far from the street as the main house. This would not apply to the second front of a through or corner lot, where the unit is incorporated into an existing structure such as a detached garage or where the main house is set back at least 60 feet from the front property line, see Attachment B. • Limit height to 20 feet except for apartments built over a garage which may be up to 25 feet tall. Building height is calculated from the mid -point of any elevation change across the footprint of the house to the mid -point of the pitched roof. 4. Allow exceptions to the single family design standards for ADUs built with non- traditional siding materials and for ADU additions that don't reflect the design of the main house. These would be administrative decisions with criteria requiring high quality design and durable materials. 5. Increase the percentage of the house that can be occupied by an attached ADU from 33% to 40% up to a maximum of 1,000 SF, whichever is Tess. An attached garage would not count toward the overall square footage of a house when calculating the maximum square footage of an attached ADU. For example, in a house with 2,000 square feet of living area and a 400 square foot garage only the living area would be used to calculate that an ADU could occupy 800 square feet (40%) of the total house. 6. Reduce the lot area requirement from 7,200 square feet to 6,500 square feet for both attached and detached ADUs. 7. Retain the owner occupancy requirement for one unit on site, either the house or ADU. 20 W:12018 Info Memos1ADUs.doc INFORMATIONAL MEMO Page 3 8. Retain the requirement that ADUs up to 600 SF are required to have 1 off-street parking space while units over 600 SF are required to have 2 additional spaces. However, waive the second space for ADUs over 600 SF if the ADU is accessed from a block with on - street parking. 9. Limit ADUs to rental periods of 30 days or more and apply the Residential Rental Business License requirements. This is consistent with the current standard for multi- family units and meets the policy goal of creating additional housing options for Tukwila residents rather than short term rentals for tourists. 10. Provide a 1 -year amnesty period for registration of illegal ADUs and allow owners to request flexibility from the Director for the following standards: • Exceeding the permitted height for a detached ADU • Exceeding the permitted area for an attached or detached ADU • Not providing a second parking space for an ADU over 600 sf in area, if required • Roof pitch of less than 5:12 • Location of the ADU on the lot. Owner occupancy, providing at least 1 parking space per ADU, and meeting the 6,500 SF minimum lot size would not be waived. FINANCIAL IMPACT Construction of additional dwelling units would result in modest increases to permit revenue, rental license revenue and property taxes. Conducting outreach and inspections for existing unpermitted ADUs would require building and code enforcement staff time. RECOMMENDATION The Council is being asked to hold a public hearing on the proposed ordinance at the April 9th Committee of the Whole meeting and consider it at the subsequent April 16th Regular Meeting. ATTACHMENTS A. Draft Ordinance with ADU Code Changes in Strikeout/Underline B. Deep Lot Examples C. Public Comments D. Photo of Incompatible Addition to Existing House E. Background Material Links W12018 Info Memos\ADUs doc 21 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AND TABLE 18-6, "LAND USES ALLOWED BY DISTRICT," AS CODIFIED IN TITLE 18, "ZONING," OF THE TUKWILA MUNICIPAL CODE AND ADDING NEW SECTIONS TO TITLE 18 PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's Zoning Code, codified at Tukwila Municipal Code Title 18, contains provisions pertaining to accessory dwelling units ("ADU"); and WHEREAS, the Tukwila City Council desires to update the Zoning Code to make modifications to the City's regulations for ADUs; and WHEREAS, the Zoning Code includes a "Definitions" section and the City wishes to update it to include a definition of accessory dwelling unit; and WHEREAS, the Zoning Code includes standards for the design of single family dwellings and the City wishes to update them to address accessory dwelling units; and WHEREAS, the City wishes to provide exceptions to the single-family design standards for high-quality, innovatively-designed ADUs; and WHEREAS, the City wishes to adopt a new section of the Zoning Code with standards for the location, size, height, and use of accessory dwelling units; and WHEREAS, the City wishes to adopt a new section of the Zoning Code with new requirements for the registration of accessory dwelling units; and WHEREAS, the City wishes to encourage the registration of existing accessory dwelling units by offering additional flexibility during a one-year amnesty period; and WHEREAS, the City wishes to remove accessory dwelling units as accessory uses in non-residential zones; and W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs Page 1 of 18 23 WHEREAS, on October 18, 2017, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on October 26, 2017, the Tukwila Planning Commission, following adequate public notice, including notice mailed to all owners and tenants of Low Density Residential -zoned parcels, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code as described herein; and WHEREAS, on January 24, 2018, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on these proposed amendments; and WHEREAS, on February 15, 2018, the Tukwila Planning Commission adopted a motion recommending the proposed amendments; and WHEREAS, on April 9, 2018, the Tukwila City Council, following adequate public notice, held a public hearing to receive a testimony concerning the recommendations of the Planning Commission; and WHEREAS, the City Council finds that the proposed amendments serve to further implement the planning goals of the adopted Comprehensive Plan and the Growth Management Act, bear a substantial relation to the public health, safety or welfare, and promote the best long-term interests of the Tukwila community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Section Adopted. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," to read as follows: Accessory Dwelling Unit "Accessory dwelling unit (ADU)" means a dwelling unit that is within or attached to a single-family dwelling or in a detached building on the same lot as the primary single- family dwelling. An ADU is distinguishable from a duplex by being clearly subordinate to the primary dwelling unit, both in use and appearance. Section 2. Ordinance Nos. 2518 §7, 1971 §4, and 1758 §1 (part), as codified at TMC Section 18.10.060, "Basic Development Standards," are hereby amended to read as follows: 18.10.060 Basic Development Standards Development within the Low -Density Residential District shall conform to the following listed and referenced standards: W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs 24 Page 2 of 18 LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 6,500 sq. ft. Average lot width (min. 20 ft. street frontage width), minimum 50 feet Development Area, maximum (only for single family development) 75% on Tots less than 13,000 sq. ft. up to a maximum of 5,850 sq. ft. 45% on lots greater than or equal to 13,000 sq. ft. 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 • Accessory dwelling unit See TMC Section 18.50.220 18.10.030 • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations Section 3. Ordinance Nos. 2199 §12, 1976 §23, and 1758 §1 (part), as codified at TMC Section 18.12.070, "Basic Development Standards," are hereby amended to read as follows: 18.12.070 Basic Development Standards Development within the Medium Density Residential District shall conform to the following listed and referenced standards: MDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi -family) 3,000 sq. ft. (For townhouses the density shall be calculated based on one unit per 3000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements). Average lot width (min. 20 ft. street frontage width), minimum 60 feet (Applied to parent lot for townhouse plats) W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs Page 3 of 18 25 Setbacks, minimum: Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear - 1st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) Townhouse building separation, minimum • 1 and 2 story buildings 10 feet • 3 story buildings 20 feet Height, maximum 30 feet Landscape requirements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements • Front(s) 15 feet • Sides 10 feet • Rear 10 feet Development area coverage 50% maximum (75% for townhouses) Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations. • Accessory dwelling unit See TMC Section 18.50.220 Accessory Ucc scction of this chapter W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs 26 Page 4 of 18 • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations Section 4. Ordinance Nos. 2199 §14, 1976 §27, 1830 §3, and 1758 §1 (part), as codified at TMC Section 18.14.070, "Basic Development Standards," are hereby amended to read as follows: 18.14.070 Basic Development Standards Development within the High -Density Residential District shall conform to the following listed and referenced standards: HDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 9,600 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi -family, except senior citizen housing) 2,000 sq. ft. (For townhouses the density shall be calculated based on one unit per 2000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements). Average lot width (min. 20 ft. street frontage width), minimum 60 feet (Applied to parent lot for townhouse plats) Setbacks, minimum: Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Front — 4th floor 45 feet (20 feet for townhouses) • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Second front — 4th floor 22.5 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR) (10 feet for townhouses unless adjacent to LDR) • Sides — 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-7-18.doc NG:bjs Page 5 of 18 27 • Rear - 1st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear — 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) Townhouse building separation, minimum • 1 and 2 story buildings 10 feet • 3 and 4 story buildings 20 feet Height, maximum 45 feet Development area coverage 50% maximum (except senior citizen housing), (75% for townhouses) Landscape requirements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements • Front(s) 15 feet • Sides 10 feet • Rear 10 feet Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC Chapter 18.56, Off-street Parking & Loading Regulations. • Accessory dwelling unit See TMC Section 18.50.220 Accessory Use section of this chapter • Other uses, including senior citizen housing See TMC Chapter 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-7-18.doc NG:bjs 28 Page 6 of 18 Section 5. Ordinance Nos. 2251 §22, 1976 §30, 1872 §1, 1865 §18, 1830 §7, and 1758 §1 (part), as codified at TMC Section 18.16.080, "Basic Development Standards," are hereby amended to read as follows: 18.16.080 Basic Development Standards Development within the Mixed Use Office District shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.030). Certain setback and landscaping standards may be waived by the Director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian oriented space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions.) MUO BASIC DEVELOPMENT STANDARDS Lot area per unit, multi -family (except senior citizen housing), minimum 3,000 sq. ft. Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet Height, maximum 4 stories or 45 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-7-18.doc NG:bjs Page 7 of 18 29 Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC Chapter 18.56, Off street Parking & Loading Regulations • Accessory dwelling unit - k.J - - : - 1 1, 10 feet _ _ _ _ _ Accessory Uses 20 feet • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses, including senior citizen housing See TMC Chapter 18.56, Off-street Parking & Loading Regulations operations within a structure or a site by the Puget Sound Air Pollution Control airborne pollutants, (2) TMC Chapter Federal standards for water quality and subject to the requirements of 43.21C, shall be evaluated to impacts have been adequately Performance Standards: Use, activity and shall comply with (1) standards adopted Agency for odor, dust, smoke and other 8.22, "Noise", and, (3) adopted State and hazardous materials. In addition, all development the State Environmental Policy Act, RCW determine whether adverse environmental mitigated. Section 6. Ordinance Nos. 1976 §35, 1872 §2, and 1758 §1 (part), as codified at TMC Section 18.18.080, "Basic Development Standards," are hereby amended to read as follows: 18.18.080 Basic Development Standards Development within the Office District shall conform to the following listed and referenced standards: OFFICE BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR - 1st Floor 10 feet - 2nd Floor 20 feet - 3rd Floor 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR - 1st Floor 10 feet - 2nd Floor 20 feet - 3rd Floor 30 feet W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs 30 Page 8 of 18 Height, maximum 3 stories or 35 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Off-street parking: • Residential See TMC 18.56, Off-street Parking/Loading Regulations • Accessory dwelling unit See Accessory Use section of this chapter. • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 7. Ordinance Nos. 2518 §8, 1976 §39, 1872 §3, and 1758 §1 (part), as codified at TMC Section 18.20.080, "Basic Development Standards," are hereby amended to read as follows: 18.20.080 Basic Development Standards Development within the Residential Commercial Center District shall conform to the following listed and referenced standards: W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-7-18.doc NG:bjs Page 9 of 18 31 RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum 5,000 sq. ft. Lot area per unit (multi -family), minimum 3,000 sq. ft. Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 10 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, bioretention facilities, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval. See Landscape, Recreation, Recycling/Solid Waste Space chapter for further requirements • Front 20 feet • Second front 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations • Accessory dwelling unit See Accessory Use scction of this chapter • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs 32 Page 10 of 18 Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 8. Ordinance Nos. 1976 §42, 1872 §4, 1865 §25, 1830 §13, and 1758 §1 (part), as codified at TMC Section 18.22.080, "Basic Development Standards," are hereby amended to read as follows: 18.22.080 Basic Development Standards Development within the Neighborhood Commercial Center District shall conform to the following listed and referenced standards: In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC Section 18.60.030). Certain setback and landscaping standards may be waived by the director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. See the Tukwila International Boulevard Design Manual for more detailed directions. NCC BASIC DEVELOPMENT STANDARDS Lot area per unit for senior citizen housing, minimum 726 sq. ft. (senior housing) Setbacks to yards, minimum: • Front 6 feet (12 feet if located along Tukwila International Blvd. S.) • Second front 5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs Page 11 of 18 33 Height, maximum 3 stories or 35 feet (4 stories or 45 feet in the NCC of the Tukwila International Boulevard, if a mixed use with a residential and commercial component) Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements • Front 5 feet • Front(s) if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear none • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC 18.56, Off-street Parking/Loading Regulations • Accessory dwelling See TMC 18.22.030, Acce:,sory Use:, unit • Office 3 per 1,000 sq. ft. usable floor area • Retail 2.5 per 1,000 sq. ft. usable floor area • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc N G: bjs 34 Page 12 of 18 Section 9. Ordinance Nos. 2500 §23, and 2098 §2, as codified at TMC Section 18.50.050, "Single -Family Dwelling Design Standards," are hereby amended to read as follows: 18.50.050 Single -Family Dwelling Design Standards All new single-family dwellings, including as well as accessory dwelling units and other accessory structures that require a building permit, must: 1. Be set upon a permanent concrete perimeter 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 current edition of the Washington State Energy Code with amendments. 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. This requirement does not apply to ADUs or accessory structures. 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. Section 10. Ordinance Nos. 2368 §52 and 2098 §3, as codified at TMC Section 18.50.055, "Single -Family Design Standards Exceptions," are hereby amended to read as follows: 18.50.055 Single -Family Design Standard Exceptions A. The design standards required in TMC Section 18.50.050 (4), (5) and (6) may be modified by the Community Development Director as a Type 2 Special Permission decision. 1. The criteria for approval of use of unconventional exterior siding are as follows: a. The structure exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation; and b. The proposed siding material is durable with an expected life span similar to the structure; and c. The siding material enhances a unique architectural design. W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs Page 13 of 18 35 42. The criteria for approval of a roof pitch flatter than 5:12 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; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 23. 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; b. The house will be set back at least twice the minimum front yard setback; 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. B. The design standards required in TMC Section 18.50.050 (5) and (6) may also be modified by the Community Development Director as a Type 2 Special Permission decision if the proposal includes a replacement of a single wide manufactured home with a double wide and newer manufactured home. The property owner can apply for this waiver only one time per property starting from the date of adoption of this ordinance. Additionally, the proposal should result in aesthetic improvement to the neighborhood. C. The design standards required in TMC Section 18.50.220.A (4) may be modified by the Community Development Director as a Type 2 Special Permission decision. The design of an attached ADU that does not reflect the design vocabulary of the existing primary residence may be approved if the new portion of the structure exhibits a high degree of design quality, including a mix of durable exterior materials, detailing, articulation and modulation. Section 11. TMC Section Adopted. TMC Section 18.50.220, "Accessory Dwelling Unit (ADU) Standards," is hereby established to read as follows: 18.50.220 Accessory Dwelling Unit (ADU) Standards A. General Standards. 1. ADUs may only be built on lots that meet the minimum lot size required in the Zoning District they are located within. W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs 36 Page 14 of 18 2. Only one ADU, either attached or detached, is permitted per parcel containing a single-family dwelling. 3. Attached ADUs may occupy a maximum of 40% of the square footage of the primary single-family dwelling (excluding the area of any attached garage) or up to 1,000 square feet, whichever is less. 4. Attached ADUs created through additions to the primary single-family dwelling shall be consistent with the roof pitch, materials and window type of the existing structure. 5. Detached ADUs may be a maximum of 1,000 square feet. If built over a detached garage, the detached garage would not count toward the area limit for the ADU. 6. Detached ADUs may be up to 20 feet in height, except that an ADU built over a detached garage may be up to 25 feet in total height. 7. Detached ADUs must be set back at least as far from the street as the primary single-family dwelling. This does not apply to the second front of a through or corner lot, where the unit is incorporated into an existing structure, or where there is at least 60 feet between the existing single-family dwelling and the front property line. 8. The ADU may not be sold as a condominium or otherwise segregated in ownership from the primary single-family dwelling. 9. ADUs may not be rented for periods of less than 30 days. B. Parking. 1. One off-street parking space must be provided for ADUs less than 600 square feet in area, and two spaces for ADUs over 600 square feet. 2. The second ADU parking space is not required if the parcel containing the ADU can be accessed from a street that has legal on -street parking. 3. These ADU parking spaces are in addition to any parking spaces required for the primary single-family dwelling. 4. Tandem spaces are permitted. C. Owner Occupancy Requirement. 1. A person who owns at least 50% of the property must physically reside in either the ADU or the primary single-family dwelling. The owner's unit may not be rented to another party for any period of time. 2. The owner must provide documentation of their occupancy such as a vehicle or voting registration. Falsely certifying owner occupancy or failure to comply with the residency requirement shall result in the loss of ADU registration and penalties per TMC Chapter 5.06. 3. The owner or owners must sign and record an affidavit on forms provided by the City acknowledging that this requirement shall run with the land. W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs Page 15 of 18 37 4. If the owner occupancy requirement is violated an owner shall either: a. Re -occupy one of the units, or b. Remove the elements of the accessory dwelling unit that make it a complete, separate dwelling unit. D. Failure to comply with any of the requirements of this section shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation and Order in accordance with TMC Section 8.45.070. Section 12. TMC Section Adopted. TMC Section 18.50.230, "Accessory Dwelling Unit (ADU) Registration Procedures," is hereby established to read as follows: 18.50.230 Accessory Dwelling Unit (ADU) Registration Procedures A. To gain the City's approval to establish an ADU, a property owner shall submit a registration form, sign and record an affidavit of owner occupancy, and obtain a building permit for any necessary remodeling or construction. B. All ADUs existing prior to the enactment of these requirements shall apply for registration within one year after the effective date of Ordinance No. . Within the one-year amnesty period existing ADUs may be registered without meeting one or more of the following standards: 1. Exceeding the permitted height for a detached ADU. 2. Exceeding the permitted area for an attached or detached ADU. 3. Not providing a second parking space for an ADU over 600 square feet in area, if required. 4. Having a roof pitch of less than 5:12. 5. Location of the ADU on the lot. C. Illegally -created ADUs must be brought into compliance with the life safety requirements of the Tukwila Municipal Code, International Residential Code and International Property Maintenance Code or they must be removed. D. If either the primary single-family dwelling or the ADU will be rented, a Residential Rental Business License per TMC Chapter 5.06 must be obtained prior to occupancy of the unit by a tenant. W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs 38 Page 16 of 18 Section 13. Table 18-6: "Land Uses Allowed by District," as codified in TMC Title 18, relating to "Dwelling unit—Accessory," and footnote 17, are hereby amended as set forth below. The amended Table 18-6 is attached as Exhibit A. P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U =Unclassified (subject to ' TMC 18:66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC ` RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO 17 Dwelling unit — Accessory A A A A AAA A A 17. See TMC Section 18.50.220 for Aaccessory dwelling unit,- standards provided:, a. minimum lot of 7,200 square feet; b. acces✓ory dwelling unit is no more than 33% of the square footage of the •1l c. one of the residences is the primary residence of a person who owns at 'cast 50% of the property, d. dwelling unit is incorporated into the primary detached single family de.. ign as if constructed at the same time; e. minimum of three parking spaces on the property with units Ie's than 600 f. the units are not sold as condominiums. Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 15. 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 16. 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. W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs Page 17 of 18 39 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A., Table 18-6: Land Uses Allowed by District W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-7-18.doc NG:bjs 40 Page 18 of 18 Exhibit A Table 18-6: Land Uses Allowed by District See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C= Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MICA.MIC/I-1TVS TS0 PRO Adult day care A A A A A A A P Adult entertainment (subject to location restrictions') P P p p p p p Airports, landing fields and heliports (except emergency sites) U U U U U U U Amusement Parks C C C C C C P Animal rendering U P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs =no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P P P P P P P 2 Automobile, recreational vehicles or travel trailer or used car sales lots P P P P P P P Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building), and alternate fueling station (not wholesale distribution facilities). P P P P P P P P P P Beauty or barber shops P P P P P P P P P c3 C4 P ID Bed and breakfast lodging for not more than twelve guests C C C Bed and breakfast lodging (no size limit specified) C P Bicycle repair shops P P P P P P ID P P ID P P P Billiard or pool rooms P A ID P P P P P P Boarding Homes C C Brew Pubs P P C P P P P P P P P P P Bus stations P P P P P P P P P P Cabinet shops or carpenter shops employing less than five people P P P P P P P P Cargo containers (*see also 18.50.060) A&S A&S A&S A&S A&S A&S P P P P P Cement manufacturing U U U U U U Cemeteries and crematories C C C C C C C C C C C C Adopted 2016 - Ordinance No. 2500 li\Council Agenda Items\DCDDUs\A Ord-ADU regs 3-5-18.doc G:bjs W Page 18 of 29 Page 1 N P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C= Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO Colleges and universities C C C C C C C C c6 C6 C P Commercial laundries P P P P p p p Commercial Parking P7 P7 P7 P7 P7 p8 P8 P8 Computer software development and similar uses P P P P P P P P p P9 clo P P P Contractor storage yards P p p p p p Continuing care retirement facility. C C C C C C C P Convalescent & nursing homes & assisted living facility for not more than twelve patients C p p P C P P P P P p Convalescent & nursing homes & assisted living facility for more than twelve patients C C C C C C C P Convention facilities P P P P P p p Correctional institutes x,11 U U U Daycare Centers (not home-based) P P P P P P P P P P P P p p p Daycare Family Home (Family Child Care Home)12 A A A A A A A A A A A Diversion facilities and diversion interim services facilities south of Strander Blvd U Dormitory C C C 413 413 All 413 413 413 413 413 413 413 413 Drive-in theatres C C C C C C Dwelling — Detached Single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per existing lot permitted in MUO, 0, RCC, NCC, TVS. P P P P P P P p P14 Dwelling- Detached Zero -Lot Line Units P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units. P Dwelling -Townhouses P Dwelling —Multi -family P p15 P14 Dwelling — Mufti -family units above office and retail uses P P P P c16 22/ ac P14 Dwelling — Senior citizen housing, including assisted living facility for seniors *see purpose section of chapter, uses sections, and development standards. P meeting density oth all MDR standard P 60/ac p 60/ac P 60 �/ P 60/ ac P 60/ac c16 100 /ac P14 Dwelling unit—Accessory 7 A A A A A A A A A Z:\Council Agenda Items \DCD\ADUs\A Ord-ADU regs 3-5-18.doc NG:bjs Page 19 of 29 Page 2 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C= Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO Electrical Substation – Distribution C C C C C C C C C C C C C C P Electrical Substation – Transmission/Switching U U U U Electric Vehicle Charging Station – Level 1 and Level 2 A A A P P P P P P P P P P P P P Electric Vehicle Charging Station – Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) A A A A A A P P P P P P P P P P Essential public facilities, except those uses listed separately in any of the other zones U U U U U U U U U Extended -stay hotel/motel P P P P P p p Farming and farm -related activities P P Financial, banking, mortgage, other services P P P P P P P PC3 P9/ C4 P P Fire & Police Stations C C C C C C C C C C C C C C C P Fix -it, radio or television repair shops/rental shops P P P P P P P P P Fraternal organizations P P C P P P P P P P P Frozen food lockers for individual or family use P P P P P P P P Garage or carport (private) not exceeding 1,500 sq./ft on same lot as residence and is subject to the regulations affecting the main building. A A Greenhouses (noncommercial) and storage sheds not exceeding 1,000 A A A A Greenhouses or nurseries (commercial) p p p p p p p p p Hazardous waste treatment and storage facilities (off-site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) C C Heavy equipment repair and salvage P P P P P P Helipads, accessory C Home Occupation *see definition and accessory use A A A A A A A A A A Hospitals C C C C C C C C P Hospitals, sanitariums, or similar institutes C Hotels P P P P P C C P P Hydroelectric and private utility power generating plants U U U U U U U U Industries involved with etching, film processing, lithography, printing and publishing P P P P P P P P P Internet Data/Telecommunication Centers C P P P p p p p Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U U U U U U U U U U U U U Laundries; self -serve, dry cleaning, tailor, dyeing P P P P P P P P P P P P P Libraries, museums, or art galleries (public) C C P P P C P P P P P P P P P P — Manuf./Mobile home park'$ C P \Council Agenda Items\DCD\ADUs\A Ord-ADU regs 3-5-18.doc ckSG:bjs Page 20 of 29 Page 3 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution: A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P19 P P p p p p p p p B) 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 P19 P P P P P P P P P C) 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 P19 P P P P P P P P P D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) i)) Fermenting and distilling included P P P P ii)) No fermenting and distilling P19 P P P P P Manufacturing and industrial uses that have moderate to substantial potential for creating off-site noise, smoke, dust, vibration or other external environmental impacts: A) Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C C P C P C B) Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses C C P C P C C) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging C C C P P P P C D) Manufacturing, processing, assembling and/or packaging of electrical p p p p p C Z:\Council Agenda Items\DCD\ADUs\A Ord-ADU regs 3-5-18.doc NG:bjs Page 21 of 29 Page 9 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS T50 PRO or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C P Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials U U U U Marijuana producers, processors, or retailers (with state issued license) p p P20 Mass transit facilities U U U U U U U U U U U U U U U U Medical and dental laboratories P P P P P P P P P 21 Minor expansion of an existing warehouse S Mortician and funeral homes p p p p p p C Motels P P P P P C C P P Movie theaters with three or fewer screens p 22 Movie theaters with more than 3 screens S Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial P 2 p P23 P24 p p p p p vs C10 1,25 C26 P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing P Outpatient and emergency medical and dental services c3 c4 Park & ride lots C C C C C C C C C C C C Parking areas A A A A A A A A A A A A A A A A Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation p P P P P P P P P P P P P P P P P Pawnbroker C C P P P P P Planned Shopping Center (mall) P P P P P p P27 Plumbing shops (no tin work or outside storage) P P P p P P p p Radio, television, microwave, or observation stations and towers C C C C C C C C C C C C C C C C Railroad freight or classification yards U U U U Railroad tracks (including lead, spur, loading or storage) P P P P P P Recreation facilities (commercial — indoor) — athletic or health clubs p p p p p p p p C3 p p p Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges C p p p p P P \Council Agenda Items\DCD\ADUs\A Ord-ADU regs 3-5-18.doc dliG:bjs Page 22 of 29 Page 5 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66);5=Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields C C C C Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C C C C C C C C C C C C P Recreational area and facilities for employees A A A A A A A A A A A A A Religious facilities with an assembly area less than 750 sq ft P P P P P P P P P p p Religious facilities with an assembly area greater than 750 sq ft and community center buildings C C C C C C C C C C C Religious facility and community center buildings. C C C Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U U U U U U Rental of vehicles not requiring a commercial driver's license P P P P P p p p p Rental of commercial trucks and fleet rentals requiring a commercial driver's license P P P P P P P Research and development facilities p p Residences for security or maintenance personnel A A A A A A A A A A A A A Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant P P P P P P P P P Restaurants including cocktail lounges in conjunction with a restaurant P P C P Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn &garden supplies, farm supplies P P P P P P P P Retail sales, e.g. health/ beauty aids/ prescription drugs/ food/hardware/notions/crafts/supplies/housewares/ electronics/photo- equip/film processing/ books/magazines/ stationery/ clothing/shoes/flowers/plants/pets/jewelry/ gifts/rec. equip/ sporting goods, and similar items. P P P P P P P P c3 C4 p p 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). P P Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C C P C P C C Sales and rental of heavy machinery and equipment subject to landscaping requirements of Chapter 18.52* P P P P p P P Salvage and wrecking operations P p C Salvage and wrecking operations which are entirely enclosed within a building P P P P Schools and studios for education or self-improvement P P p p p p P P P P 9,10 P28 p p Z:\Council Agenda Items\DCD\ADUs\A Ord-ADU regs 3-5-18.doc NG:bjs Page 23 of 29 Page 6 P = Permitted outright; A '= Accessory (customarily appurtenant and incidental to a permitted use) ; C= Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S=Special Permission (Administrative approval by the Director) LDR MDR r HDR MUO 0 RCC NCC RC RCM CAI LI HI MICAMIC/H TVS TSO PRO Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C C C C C C C C C C P (public only) 29 Secure community transition facility U Self -storage facilities p p p p p p p p p Sewage lift station U U U U U U U p Shelter P P P P P Stable (private) A3o A3o A3o p Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to Chapter 18.52 P P P P P P P P p Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required P P P C C Storm water- neighborhood detention + treatment facilities U U U U U U U p Storm water pump station U U U U U U U Studios — Art, photography, music, voice and dance p p p p p p p p p Taverns, nightclubs P P P P P p31 P31 p p Telephone exchanges p p p p p p p p p p p p Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code P P P P P P p P32 Tow -truck operations, subject to all additional State and local regulations P P P p P P p Transfer stations (refuse and garbage) when operated by a public agency U U U U Truck terminals P P P P P P Utilities, regional C Vehicle storage(no customers onsite, does not include park -and -fly operations) p Warehouse storage and/or wholesale distribution facilities P P P P P P P P Water pump station U U U U U U U P Water utility reservoir and related facilities U U U U U U U Wireless Telecommunications Facilities (*see TMC 18.58) P P P P P P P P P P P P P p p p p Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b .Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. kp\Council Agenda Items\DCD\ADUs\A Ord-ADU regs 3-5-18.doc :bjs Page 24 of 29 Page 7 OD 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 one-half 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 Section 18.30.020.1.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. No dismantling of cars or travel trailers or sale of used parts allowed. 3. 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, stationer). clothing. shoes, flowers, plants. pets, jewelry, gifts, recreation equipment and sporting goods, and similar items: retail services such as beauty and barber shops. outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. 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: retail services such as beauty and barber shops. financial services. outpatient and emergency medical/dental services. and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 5. Bed and breakfast facilities. provided: a. the manager/owner must live on-site. b. the maximum number of residents. either permanent or temporary, at any one time is twelve, c. two on-site parking spaces for the owner and permanent residents and one additional on-site parking space is provided for each bedroom rented to customers. d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on-site to customers. and all necessary permits or approvals are obtained from the Health Department. 6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. 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 11I landscaping, provides effective visual screening from adjacent streets. 8. Commercial parking subject to TMC Chapter 18.56. Off -Street Parking and Loading Regulations. 9. Offices including. but not limited to, software development and similar uses, financial services. schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. less than 20,000 square feet. This category does not include outpatient medical and dental clinics. Z:\Council Agenda Items\DCD\ADUs\A Ord-ADU regs 3-5-18.doc NG:bjs Page 25 of 29 Page 8 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 20.000 square feet and over. 11. Correctional institution operated by the City of Tukwila 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches. universities, colleges or schools. 14. Allowed after residential design manual with criteria for approval is adopted by ordinance. 15. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, subject to the 11DR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 16. 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. 17.ccessory dwelling unit SOld 4 18. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park: and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 19. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. 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 by products. 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; cb\Council Agenda Items\DCD\ADUs\A Ord-ADU regs 3-5-18.doc G:bjs Page 26 of 29 Page 9 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. 20. Where the underlying zoning is HI or TVS Z:\Council Agenda Items\DCDWDUs\A Ord-ADU regs 3-5-18.doc NG:bjs Page 27 of 29 21. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 22. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan: d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 23. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 24. 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, 25. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 26. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100.000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 27. Planned shopping center (mall) up to 500.000 square feet. 28. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. Ul :\Council Agenda Items\DCD\ADUs\A Ord-ADU regs 3-5-18.doc _t1G:bjs Page 28 of 29 Page 10 29. Secure community transition facility. subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following 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 residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks. publicly dedicated trails. and sports fields; (e) Recreational and community centers; (f) Churches. synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285. which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility 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. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002. are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 30. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 31. No night clubs 32. Theaters for live performances only. not including adult entertainment establishments. Z:\Council Agenda Items\DCD\ADUsW Ord-ADU regs 3-5-18.doc NG:bjs Page 29 of 29 Page I1 Proposed Language to Address Deep Lots: 7. Detached ADUs must be set back at least as far from the street as the primary single-family dwelling. This does not apply to the second front of a through or corner lot, where the unit is incorporated into an existing structure, or where there is at least 60 feet between the existing single-family dwelling and front property line. Examples of deep lots with existing houses set back from the street where adding a detached ADU in front of the primary residence would be consistent with the neighborhood development pattern. Attachment B 53 54 Public Comments on ADU Changes From: William C. Holstine Sent: Thursday, March 1, 2018 7:19 AM Subject: Re: PC Changes to ADU Draft Regulations Thanks Nora! Have mixed emotions with item 2 of recent ADUs being allowed in front of main home structures because of potential degradation of aesthetics in neighborhoods some of which are already very marginal in appearance. I can live with it but have reservations....Thanks again....Bill Sent: Thursday, February 22, 2018 11:56 AM To: Verna Seal Subject: PC Changes to ADU Draft Regulations Verna: As Seattle, and by extension Tukwila, grow rapidly, alternatives to traditional housing is imperative. ADUs are a wonderful alternative. Yet, as we plan for the future let us not forget the past. Regarding #3 (Allow exceptions to the single family design standards for ADUs built with non-traditional siding materials and for ADU additions that don't reflect the design of the main house) an ADU should reflect design of original house. This is especially important with historical homes such as those on Foster Hill. Drive through Wallingford to see a monstrosity in middle of block of Craftsman bungalows. Richard McLeland-Wieser Tukwila, Washington 98168 Sent: Monday, January 15, 2018 9:05 PM Subject: Mother-in-law dwelling Hi Nora, I am for the new ordinance allowing mother-in-law dwellings. Best regards, Charlene From: Nora Gierloff Sent: Friday, January 12, 2018 8:42 AM To: 'William C. Holstine' Cc: Robin Tischmak Subject: RE: ADU Regulation Update Attachment C 55 Hi Bill, Thanks for your comments. I am forwarding them on to our City Engineer Robin Tischmak who is in charge of roadway design. The addition of an ADU would not trigger frontage improvements (construction of curb, gutter, sidewalk) along a lot as they are only required for short plats of 5 or more lots or commercial development. Nora Gierloff From: William C. Holstine Sent: Friday, January 12, 2018 7:03 AM Subject: Re: ADU Regulation Update Nora: Not related to the environmental issues but general comments concerning on street parking of which I'm not a fan but well aware of the inevitable in high density areas near apartments, etc.: Let's limit on street parking to one side of the street whenever possible and make sure there are street lights on the street. Safer for foot traffic and provides visibility for auto drivers to see such traffic at night and vice versa and would be a positive measure for drivers to better see children who are likely to dart into the street between parked cars. One side parking gives less impediments to emergency responders, much greater visual surveillance of the neighborhood by fellow neighbors such that the residents collectively can see both sides of parked cars, greater prevention of crime and burglaries of homes and autos and a greater deterrent to crime simply because the neighborhood is more open, lighted and eliminates would be cover provided by both sides street parking for the criminal element prevalent in our society. Aesthetically much more appealing and a lot less like a used car lot. All in the interest of safety for foot traffic, safer homes, less crime, potentially less liability for auto drivers and better aesthetics for the neighborhood and our city. Bill Holstine Sent: Tuesday, January 9, 2018 10:43 AM Subject: Re: ADU Regulation Update Nora, My comments regarding the proposed ADU regulation update for the City of Tukwila as follows: 1. Detached ADU's should be limited to 800 SF in size per the Council's original recommendation in the Staff Report to the Planning Commission prepared October 18th, 2017. 2. Detached ADU's should be limited to a height of 25' to allow (2) 10' floors and a pitched roof. A 20' height limit will encourage flat roofs which do not fit the character of any neighborhood in Tukwila. 3. Unrelated to ADU's - Minimum lot area requirements should be reduced to 5,000 SF for LDR zones. There are many 10,000 SF lots that could be easily short platted and developed into another independent residence. Residential development in Tukwila is stagnant and this change would reinvigorate the development market and increase land values. Tukwila is a short commute to Seattle 56 and should be considered a up and coming neighborhood for home buyers looking in Seattle but cannot quite afford it. 4. Remove the requirement for owner occupancy of the primary residence or the ADU. Residential property owners should have the right to use their property as they see fit. Please keep me in the loop on this as it progresses. Thank you. Tyler Wilcox City of Tukwila Resident From: Brian Kennedy Sent: Monday, January 8, 2018 12:15 PM Subject: Re: ADU Regulation Update Hi Nora, All I can say is that it may be a good idea, but I don't want to see my neighbor put one close to my property line, I don't want them to move the person that is living in a motorhome, with kids and a dangerous pit bull, in their driveway to live next door and I don't want to see any garbage buildup. Thank You Sent: Monday, November 27, 2017 12:19 PM Subject: Backyard Cottages If I'm not too late to chime in, I support the concept of backyard cottages wholeheartedly, assuming the property has the open space to handle it. Low income housing is vital, but so is leaving breathable green space without too much pavement. Todd Rudge Allentown resident Sent: Friday, November 3, 2017 12:03 PM Subject: Tukwila backyard cottages and M -I -L apartments Hello, Nora -- I'm responding to a halfsheet mailing I received recently about a public hearing for backyard cottages, etc. It said you were the person to contact on this subject. Anyway, I'm a longtime resident (since 1979) and I am very MUCH in favor of changing the regulations to make it possible/easier to have an additional dwelling. Would you please include me in your email updates or surveys? 57 Thank you in advance, Alison MacLeod 58 Photo of an addition to an existing house where the architectural designs do not match. Attachment D 59 60 Accessory Dwelling Unit Background Material Links 8/28/17 Community Development and Neighborhoods Packet http://records.tukwilawa.gov/WebLink/1/fol/291473/Rowl.aspx 8/28/17 CDN Minutes http://records.tukwilawa.gov/WebLink/1/doc/291530/Pagel.aspx 10/9/17 Committee of the Whole packet http://records.tukwilawa.gov/WebLink/1/edoc/294963/pagel.aspx 10/9/17 COW minutes http://records.tukwilawa.gov/WebLink/1/doc/295356/Pagel.aspx 10/26/17 Planning Commission Packet http://records.tukwilawa.gov/WebLink/1/fol/295293/Rowl.aspx 10/26/17 Planning Commission minutes http://records.tukwilawa.gov/WebLink/1/doc/295599/Page1.aspx 2/15/18 Planning Commission Packet http://records.tukwilawa.gov/WebLink/1/fol/303440/Rowl.aspx 2/15/18 Planning Commission Minutes http://records.tukwilawa.gov/WebLink/1/doc/303980/Page1.aspx Attachment E 61