The URL can be used to link to this page

Home My WebLink AboutCDN 2018-03-13 COMPLETE AGENDA PACKETCity of Tukwila Community Development & Neighborhoods Committee O Kate Kruller, Chair O Kathy Hougardy O Zak Idan AGENDA TUESDAY, MARCH 13, 2018 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: K. Kruller K. Hougardy Z. Idan V. Seal D. Robertson Mayor Ekberg D. Cline C. O'Flaherty L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. South King Housing and Homelessness Partnership's a. Information only. Pg.1 2017 Annual Report. Marty Kooistra, Executive Director, Housing Development Consortium. Laurel Humphrey, Council Analyst b. A grant application for the 10 -minute walk planning b. Committee consideration/ Pg.7 efforts. (open space equity). decision. Rick Still, Parks & Recreation Director c. An ordinance relating to regulations for Accessory c. Forward to 4/9 C.O.W. Pg.19 Dwelling Units (ADUs). and 4/16 Regular Mtg. Nora Gierlof, Deputy Community Development Director e. Short-term rental regulations. d. Forward to Planning Pg.63 Nora Gierloff, Deputy Community Development Director Commission. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, March 27, 2018 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. SK: : South q- 4-Ia Pirmenhip HOUSING DEVELOPMENT consortium SOUTH KING HOUSING AND HOMELESSNESS PARTNERSHIP 2017 Year -End Report Prepared by HDC Policy Team: Marty Kooistra, Executive Director Nicki Olivier Hellenkamp, Mobilization and Policy Manager Sara Wamsley, Policy Associate Housing Development Consortium hdc©housingconsortium.org 1 2 Introduction Over the past eight years, South King County (SKC) stakeholders have met to deepen cross -jurisdictional coordination, create a common understanding for housing and homelessness needs and strategies for SKC, and implement strategies in the SKC Response to Homelessness. However, in the midst of a rapidly growing Seattle economy, poverty and unemployment has moved to the King County suburbs]. This trend is particularly striking in South King County where an increase in poverty has created stark needs for human services that local governments feel ill-equipped to address alone. More than 35,000 SKC households are paying over half their income for housing costs2, putting them at risk of losing their housing if faced with a household financial emergency. Furthermore, 3,445 SKC homeless students were identified in the 2015-2016 school year alone3, a 20% increase from the previous year. The most recent Point in Time count of unsheltered homeless individuals identified 1,172 individuals sleeping outside in selected areas of South King County in January 2017. The methodology of the Point in Time count changed between the 2016 and 2017 counts, making it impossible to compare year -over -year figures. However, we know that the count, while more widely spread this year, is a minimum estimate, and that the issue of unsheltered homelessness is larger and more pervasive than we are able to accurately capture within the confines of a visual count. SKHHP supports the groups that have been meeting in SKC to address these issues, including the Homelessness Action Committee (HAC) and the SKC Joint Planners and Developers workgroup. SKHHP aims to: regularly convene, organize, and expand the network of stakeholders working to end homelessness and address affordable housing needs in SKC; improve the alignment of county and state homeless and affordable housing interventions and funding opportunities with SKC interests; provide technical assistance to support the implementation of comprehensive plan policies; improve SKC stakeholders' understanding of promising practices and their potential for local impact; and determine and implement strategies that achieve program sustainability. In January 2016, HDC hired a South King County Housing Planner responsible for the coordination of SKHHP and the implementation of these goals. Over the course of the three year grant period, the plan was for this staff person to work 1 http://www.brookings.edu/blogs/the-avenue/posts/2014/12/17-lessons-innovators-suburban-poverty- kneebone-berube 2 http://huduser.org/portal/datasets/cp/CHAS/data querytool chas.html 3 http://www.k12.wa.us/HomelessEd/pubdocs/2015-16DistrictSummary.xlsx 3 with stakeholders across South King County on collective impact approaches to housing and homelessness issues. Through convening, informing, and supporting these stakeholders, SKHHP hopes to catalyze the network to implement the SKC Response strategies, speak with a united voice, implement comprehensive plan policies, and develop a sustainability plan for this work. Specifically, SKHHP intends to see the following results: • County and state decision makers receive input from SKC stakeholders early in the decision making process to ensure a more effective and efficient public engagement process • South King County stakeholders are better informed of opportunities to impact regional and state housing programs and policies, including regional plans, state legislative proposals, and funding opportunities • South King County stakeholders are better able to speak with a united voice to ensure external programs and policies address local community needs • South King County stakeholders, including those in the education, employment, and health sectors, are more engaged in housing and homelessness activities Community and elected leaders in South King County recognize the importance of being coordinated in order to achieve results. Over the last six months of this project, SKHHP staff has worked to further these goals by convening key stakeholders, providing technical assistance and support, supporting local policy development and implementation, highlighting SKC voices at decision making tables, and supporting the exploration of a long-term regional framework beyond this project. Progress Updates A significant development for the SKHHP project occurred in October 2017 when SKC Housing Planner Joy Scott resigned to accept a position with the City of Auburn. On an interim basis, the HDC Policy Team stepped forward to continue the work in South King County. Following the election in November, there was a further development when HDC Government Relations and Policy Director Kylie Rolf accepted a senior position in the Seattle Mayor Jenny Durkan administration. 4 November 15, 2017 HAC Meeting Staff members from the cities of Federal Way, SeaTac, and Kent attended, as did staff from All Home and Neighborhood House. Current shelter capacity in South King County was discussed: - Federal Way has one rotating men's shelter and one stationary women's shelter, both of which contract with CCS for services. The city is exploring whether churches may be able to provide additional shelter space. There is enthusiasm around bringing people together (the Mayor hosted a breakfast the month on this topic with about 40 people from the faith community), but no strong commitments yet. Federal Way also has a day center, which has been open for less than a year and operates Monday -Friday. Mary's Place is interested in opening a shelter in South King County, but doesn't have a location. They were looking at a site in Tukwila, but it fell through. - Kent has a severe weather shelter at Kent Lutheran Church (outside of the City budget and only works if the church is available), as well as a year- round rotating men's' shelter, a six-month women's shelter, and a women's day center/shelter/housing program run by Kent Hope. - Renton has a family shelter at City Hall and a men's shelter, as well as an emergency shelter. - Auburn has the Ray of Hope Day Center and is opening a shelter this month at Valley Cities. The group discussed the idea of doing a shelter inventory for South King County and then comparing it against the level of need, as demonstrated by the number of people entering homelessness from a SKC zip code. However, participants didn't think this level of data would be available from All Home. The group also discussed a resource guide for South King County, but participants shared that these types of guides are very hard to keep up to date and often give the impression that resources are available when, in reality, the shelters listed are almost always full to capacity already. Members of the group also discussed what is most useful about HAC meetings and the main points mentioned were the opportunity for interaction between providers and city staff and having a collective SKC voice to lobby All Home and King County. At future meetings group members expressed a desire to discuss: - Advocacy at regional/state level - SKC response to All Home issues 5 - Big picture - what's happening out there? How does SKC fit into it? - Communication between providers and cities Renton December 4, 2017 Committee of the Whole Meeting: Expanding SOID protections Staff from the City of Renton requested that staff from HDC attend the Council's Committee of the Whole meeting in order to provide additional information about possibly expanding the City's existing Source of Income Discrimination protections. Nicki Olivier Hellenkamp attended and shared information about types of programs that are not covered by the current ordinance, which only applies to Section 8 voucher holders. The Committee requested that staff create two potential versions of the ordinance, to be brought back to the Committee of the Whole in early 2018. Building Relationships with Newly Elected Councilmembers South King County cities elected a number of new councilmembers in November and we hope to work to educate and build relationships with them as they get up to speed. Looking Forward Into 2018 2018 marks the final of three years of the South King County Housing and Homelessness Partnership effort led by South King County cities and supported by the Housing Development Consortium of Seattle -King County. With one year remaining, the convening and information sharing work will continue under the leadership of HDC staff while a preponderance of energy will focus on the design and implementation of a sustainable model for carrying out the work in 2019 and beyond and matching it up with a governance structure and decision rights that honor the uniqueness of South King County cities. The City of Auburn, under the leadership of Mayor Nancy Backus, has indicated willingness to help bring city leaders together with focused convenings on developing this new structure and its focus. HDC will coordinate this work with the assistance of professional facilitation to ensure full completion and execution. At the time of preparation of this report, a contract has been signed with an experienced consultant team that will be introduced in January 2018. Homelessness has grown as a major challenge throughout all of King County. The lack of affordable housing and increasingly unaffordable rents permeates South King County. More than ever, innovative strategies and promising practices are essential to how we move forward. 6 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development & Neighborhoods Committee FROM: Rick Still, Parks & Recreation Director CC: Mayor Ekberg DATE: March 7, 2018 SUBJECT: 10 -Minute Walk Planning Grant and Technical Assistance Application ISSUE Seeking permission to apply for the 10 -Minute Walk Planning Grant and Technical Assistance Application to engage with our community so that we can better meet residents' park needs and to implement the 10 -Minute walk pledge. BACKGROUND On February 13, 2018, Mayor Allan Ekberg "signed on" to promote the 10 -Minute Walk to a Park campaign (See Attachment A). This action allows the City of Tukwila to be eligible for the grant funds and technical assistance to work with The Trust for Public Lands (TPL) to engage with our community so that we can better meet their park needs. DISCUSSION The Parks and Recreation Department is excited to find new methods to reach our community and engage with them on how parks could play a bigger role in their quality of life. The third goal of the City's Equity Policy is that "All residents and visitors receive equitable delivery of City Services." Further defined, the goal states that "The City will identify strategies that facilitate the equitable access to current and future City services and facilities, regardless of race/ethnicity, language, ability, gender, age, family status, geography, and mode of transportation." The 10-Mininute Walk campaign will help realize this goal by assisting in identifying issues and additional locations for open space to help achieve equitable access to open space for our residents. Also, the information gathered through the 10 -Minute Walk campaign process will serve as a great basis for updating our Parks, Recreation, and Open Space (PROS) plan in 2019. Closely related with the 10 -Minute Walk campaign, the City is simultaneously partnering with King County to implement their Land Conservation Initiative (LCI) which also includes achieving open space equity for all residents. FINANCIAL IMPACT This is a no match grant. RECOMMENDATION The Council Committee is being asked to consider permitting staff to apply for the 10 -Minute Walk Planning Grant and Technical Assistance Application to engage with our community so that we can better meet residents' park needs and to implement the 10 -Minute walk pledge. ATTACHMENTS A. Mayor's Pledge for "10 -Minute Walk to a Park Campaign" B. Draft Grant Application 7 8 117116111944 N R RA Natiora RCCre ao-, ,nd Park Associjiior Campaign to Celebrate America's Cities and Civic Leaders Who Actively Promote the 10 - Minute Walk to a Park The Trust for Public Land, National Recreation and Park Association, and Urban Land Institute launched the 10 -Minute Walk Campaign in October 2017 to celebrate, recognize, and highlight cities, mayors, and other civic leaders that promote the 10 -minute walk to a park goal. This goal leads to equitable, economically thriving, safe, and healthy communities. To date, more than 150 bipartisan mayors have endorsed the vision that everyone deserves a park or open space within a 10 -minute walk of home. Your support of this initiative would involve the following: • Recognition in public materials that spotlight park champions, including the 10minutewalk.org, campaign materials, and press stories. • Access to campaign programming and best practices made available to cities who support the campaign. These include a technical assistance opportunity, Park Serve®, ULI Advisory Service Panels, and more. More information on this programming is available on the supplemental "10 - Minute Walk to a Park Campaign 2018 Programming" document. • Designation of a member of your team to serve as the primary point of contact for this initiative and who will receive communications about the campaign. We would be honored to have your involvement with this effort. By signing below, this document will formalize your support of this campaign and demonstrate your commitment to improving park quality and access. Full Name And City: Mayor Allan Ekberg, City of Tukwila Date: February 13, 2018 If you have any additional questions, please to not hesitate to contact our team through Patrick Phillippi. He can be reached at 202-748-2793 or by email at oohiliiooiCDcivitasoublicaffairs.com. 9 10 10 -Minute Walk Planning Grant and Technical Assistance Application O7faiifvir C;i-fest' 1. Are you a local, municipal, or regional government agency (e.g., park and recreation department) or federally recognized tribal community? Yes 2. Has your Mayor (or highest city official) signed on to the 10 -Minute Walk Campaign? Yes ..}, Ilion Contact 3. Please provide your contact information. First Name Rick Last Name Still Email Address rick.still@tukwilawa.gov Title Director of Parks and Recreation Organization Name City of Tukwila Parks and Recreation Street Address 12424 42nd Avenue South Apt/Suite/Office City Tukwila State WA Zip 98168 Phone Number 2067672344 11 4. Department Name Parks and Recreation 5. Is this a city or county park and recreation agency? City Please list the cities you will be working with and indicate if they have a city park and recreation agency that will be partnering with you. 6. Lead Park and Recreation Contact Information Federal Identification Number 91-6001519 Head of Organization (Director, Executive Director, CEO, etc..) Rick Still Head of organization Email Address rick.still@tukwilawa.gov Head of Organization Phone Number 2067672344 Twitter Handle @TukwilaParks Facebook @TukwilaParks Website www.tukwiiawa.gov'departments/parks-and-recreation 7. Please list up to four upcoming policy, plan, or funding change opportunities in your city or close agency partners. (200 characters max per opportunity) For example: comprehensive plans, park master plans, bond measures, transportation plans, code revisions, etc.) 1. : King County, together with city partners, is advancing a groundbreaking Land Conservation Initiative (LCI) to protect remaining high conservation value lands throughout the county within one generation. The LCI calls for protecting 65,000 acres of natural areas, farmland, forests, river valleys, urban green space, and trail corridor within the next 30 years before they are permanently lost to development (https://kingcounty.gov.!land-conservation). 2.: Equity is an over -arching theme in the LCI. The Open Space Equity implementation plan (LCI Equity) sets a base amount of $160 million to eliminate park access disparities in communities with acute needs. Weighing lack of park access within a mile, low-income households, and rates of chronic diseases. King County has selected the City of Tukwila as a priority area and pilot from which to scale to other cities. 3.: As part of LCI, King County seeks to change the King County Conservation Futures Tax Levy policies to increase the total funding available and remove the 1:1 local funding match requirement for equity priority area cities, including Tukwila (see attached map). 4.: Tukwila's 2014 Parks, Recreation, and Open Space Plan is scheduled to be updated in 2019 in accordance with state policies to remain eligible for state recreation funding. The update will incorporate the 10 -minute walk commitment and feedback from community engagement from this planning project. 8. What were the total operating expenditures for your agency during the most current fiscal year? $4.803.452 12 9. How many full time (non -seasonal) staff work at your park and recreation agency? 25.25 FTE 10. Please select all the associations your organization is a member of: `Note: You do not need to be a member to be eligible for this grant opportunity. National Recreation and Park Association American Planning Association National League of Cities U.S. Conference of Mayors Local or National Equity Collaborative Other: Washington Parks & Recreatioin Association '7. City Information 11. City Tukwila 12. Mayor Allan Ekberg 13. Number of Years in Office 2 14. End of Current Term 12-31-2019 15. Is your mayor eligible for re-election or planning to run? Please note any other anticipated transitions in leadership, or plans to ensure continued support for the project throughout any such transitions. Yes, the mayor is eligible to run and plans to run for another term. However, if there were a mayoral change, the city administrator would provide continued support. 16. Form of Government *Click for detailed descriptions Mayor - Council n 17. Summary Description: Please describe your city and the focus of your 10 -Minute Walk Campaign priorities in 200 characters or less. This will be used in promotions where there is limited text space, so please summarize your city and goals to be as clear and concise as possible. (200 -character limit) A small King County city with a diverse population, Tukwila's 10 -minute walk vision is to engage the community to create new parks serviced by pedestrian -friendly routes in underserved neighborhoods. 13 18. Project Description: Please describe in more detail your vision for the 10 -Minute Walk Campaign and how this funding and technical assistance will advance this vision. Include the main challenges your city faces, existing assets that could be leveraged, how this fits into your department and Mayor's agenda, and how this will allow you to do something new. (400 -word limit) Tukwila's 10 -minute walk vision is to engage the community to re -focus on creating new parks serviced by pedestrian - friendly routes throughout underserved neighborhoods. To do so, our plan is to expand community engagement efforts with innovative methods to gather greater input on increasing access to parks. King County and Tukwila are partnering on the Land Conservation Initiative Open Space Equity (LCI Equity) pilot, which has incorporated 10 - minute walk measures. Tukwila will serve as a model, so King County can incorporate successful engagement methods and direct regional conversations on open space equity. Despite a growing population and need for more parks and safer routes, the City has stagnated on new parkland acquisitions in recent years. King County's skyrocketing real estate market has stymied public agencies' efforts to outbid developers on vacant lands. Meanwhile, tenants whose children have no place to play except in parking lots and hallways are being evicted. Tukwila's median household income is just 40% of King County's, 23% of households live below the poverty line, and 10% of students experience homelessness. Since renovation is easier than acquisition, the City has focused on park quality. However, creating new parks best reflects the mayor's and city council's desires. If awarded the planning grant and technical assistance, Tukwila will invest in new engagement methods to advance the civic participation of underrepresented and historically marginalized communities to develop our 10 -minute walk commitment. With The Trust for Public Land (TPL), community engagement will explore perceptions of pedestrian infrastructure, unearth the community's vision for the city and how parks play a role, and compile a list of short-term park priorities that would further the 10 -minute walk goal. Tukwila will fully integrate equity into the planning process by dedicating more resources to engaging communities that are the most difficult to reach, including immigrants and non-English speakers. Currently, the City tries to meet people where they are but finds it difficult to reach people who wouldn't normally attend public planning meetings. With this effort, we envision testing innovative and non-traditional engagement methods, including creative placemaking events and new connections with community groups, to gather more feedback. In addition to being the first LCI pilot city, Tukwila's assets are its robust partnerships. Tukwila partners with King County, the school districts, the library, community centers, health organizations, and community connector nonprofits for park programming. We plan to leverage these and establish new ones during outreach. 19. Background: Please describe your agency's past accomplishments related to park access and quality. Include any plans, policies, or funding from the last 5 years. (200 -word limit) Tukwila completed a Parks, Recreation, and Open Space (PROS) plan in 2014 and a bicycle and pedestrian plan in 2009. Tukwila City Counciimember De'Sean Quinn participated in the LCI planning process and served as the LCI's Advisory Board co-chair throughout 2016-2017. King County and Tukwila partnered on the Duwamish Gardens, a mitigation project that restored shallow water salmon habitat and established a new park along the Duwamish River. The park provides a new way for residents to access and appreciate the hidden beauty of the region's urban river. The County and City are also partnering on the Lake to Sound trail, which will be a 16 -mile multi -use recreational trail connecting communities between the south end of Lake Washington to the Puget Sound shoreline in Des Moines. Most recently, Tukwila acquired land for a new fire station and will establish a park and community gathering area on the surrounding land. The park will most likely have new community gardens managed in partnership with the International Rescue Committee, a nonprofit that provides opportunities for refugees, asylees, and other immigrants to thrive and rebuild their lives. 20. Park and Recreation Agency Goals: Provide a brief description of your park and recreation agency's top goals for the next 1-3 years. (200 -word limit) 1. Expand programming throughout the city to meet people where they are through partnerships with the school district and community centers. For example, the new Rec Time program offers physical education and play time for children in elementary school summer classes. 2. Increase the number of parks in low-income neighborhoods. 3. Improve amenities in existing parks to better serve communities. 14 21. City Goals: Provide a brief description of your city's top goals for the next 1-3 years. (200 -word limit) The City's main priority is to increase public safety by establishing a new justice center that will house the Police Department and Municipal Court, construct three new fire stations, acquire a new facility for Public Works, and renovate existing city hall buildings all to comply with seismic building codes and to right size facilities for new and future growth. However, the City is also committed to increasing equity. The City will assess a baseline, develop an implementation plan, and report measurable progress in meeting each policy goal in the 2017 Equity Policy within one year. Adopting the 1 0 -minute walk standard is an important step forward. 22. Equity Background: Equity is a major focus of the 10 -Minute Walk Campaign. Please describe how you define equity in your city and what your park and recreation agency or city is currently doing or has done regarding equity. This should include any plans, policies, partnerships, or funding priorities and any specific actions regarding park access and/or park quality. If you do not have a history of addressing equity, please explain why you have not done so (lack of funding, capacity, etc..). (200-vvord limit) Tukwila values its rich diversity. A majority of residents are people of color, 40% were born outside the United States, and half of residents speak a language other than English at home. The City's 2017 Equity Policy defines equity as "eliminating systemic barriers and providing fair access to programs, services, and opportunities to achieve social, civic, and economic justice." Policy goals include a City workforce reflective of the community; relevant and inclusive community outreach; and capacity building within the government and community. The City's 2012 Strategic Plan formed the basis for the Equity Policy. King County's Equity and Social Justice Office defines equity as "the full and equal access to opportunities, power, and resources, so that all people achieve their full potential and thrive." The County recognizes that equity is the journey toward well-being as defined by those most negatively affected. With the commitment that the benefits of parks must accrue to all, equity is an over -arching theme of King County's LC!. Priority areas based on a lack of accessible parks and greenspaces within of a mile; lowest incomes; highest rates of chronic diseases; and additional factors of language diversity, racial diversity, and neighborhood greenness. 23. Equity Plans: Please describe your vision for incorporating equity into your 10 -Minute Walk efforts. /200-vvord limit) Equity would be at the core of this planning effort. Through partnerships with community centers and schools, the City is trying to meet people where they are; but struggles to reach people who aren't typically reached by public planning meetings. We envision testing innovative and non-traditional engagement methods to expand outreach to the most underserved and disenfranchised members of the community. Ideas include hosting creative placemaking events, working with community organizers, and forging new connections with community-based groups. In addition, we could incorporate perceptions of safety in the engagement process to gain a more complete picture of walkability issues. In partnership with TPL and King County, community engagement successes will serve as a model for the LCI Equity plan. Tukwila and King County will also be able to integrate the language and goals of the 10 -minute walk campaign into the LCI pilot process, thereby serving as a model for regional open space equity. 24. Project Management: Please describe how the 10 -Minute Wak Campaign and technical assistance will be managed by your city. For example: Who will be the lead contact and/or will there be a team working on this project? How is that person or team positioned within the department or city? How much time will be devoted to the prject? (300 -word limit) Both Tukwila and King County will commitlhe staff time required for this community engagement and planning effort. Rick Still, the Tukwila Parks and Recreation Director, will be the lead contact and project manager. Rick leads a team of 26 staff. Parks and Recreation Managers, Robert Eaton and Tracy Gallaway would participate in the commitment and provide support as project leads as well. Coordination with the County would be managed by Darren Greve, the LCI Strategic Policy Advisor for the King County Department of Natural Resources and Parks in the Open Space Acquisition group. Although this is a joint application, all grant funds would support Tukwila. 15 25. Partners: Through this project, you will be required to work with at least two partners outside of the park and recreation agency. Please list those partners below and attach letters of support. *If there is a TPL or ULI office in your region we strongly encourage you to partner with these offices. In addition, we encourage you to think about partners that would help ensure under -represented populations (people of color, low-income individuals, LGBTQ community, individuals with physical/cognitive disabilities, and immigrants and refugees) are part of the 10 -Minute Walk efforts. Cary Simmons I Northwest Program Director— Parks for People Northwest Office: 901 Fifth Avenue, Suite 1520, Seattle, WA 98164 26. Partner Management: Please describe how your organization will manage these partnerships and build additional partnerships to advance your vision. (200 -word limit) The Seattle field office of The Trust for Public Land will partner with Tukwila to lead community engagement activities and help Rick make and manage new partnerships. TPL has been engaged in the LCI Equity planning process since its inception in 2016. GIS data from the Open Space Assessment Tool (OSAT) created by its local and Plan team helped inform the initiative's priority areas. Cary Simmons. TPL's Northwest Parks for People Program Director, also worked with Darren and others to increase the minimum equity set-aside amount from the originally proposed $60 million to its current levet of $160 million. Both the City and TPL would contract with local community-based organizations, such as Global2Local, the International Rescue Committee, Got Green, Puget Sound Sage, and the Duwamish River Coalition for grassroots engagement. Pry Yct B.acge: 27. List Itemized anticipated expenses to reflect how the amount of funding requested above would be implemented for your project. Grant funds may be used to cover items such as staffing, data analysis, consulting, community engagement, and staff professional development. *Your first item should be $3,600 for the in-person training, which will cover travel for at least three people. The budget items should total at least $40,000. Item Budget Amount In-person Training In-person Training 3600 2. 3. 4. 5. 6. 7. 8. 9. 10. 16 28. Please attach statements (letters, emails, etc) of support. These should state the role of the partner in the 10 - Minute Walk campaign in your city. Up to 10 files may be uploaded with a file size not to exceed 50 MB. Mayor Head (director, commissioner etc.) of additional park and recreation agencies responsible for building and maintaining parks in your city (city, county, special district etc.). 2 or more partners outside of parks and recreation If you have a local ULI and/or TPL office in your area we strongly encourage you to gather letters of support from these offices. We also strongly encourage you to partner with organizations that will help you reach your 10 -Minute Walk Campaign equity goals. TPL2.018MavoralSian-onLetter1 O-MinuteWalk-Sianed.odf 17 18 City 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 less. 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 lots 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 Usc 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 - - : - I I 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. accessory dwelling unit is no more than 33% of the square footage of the ala 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 le'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 P 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 P P P P P P P Billiard or pool rooms P A P 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 \Council Agenda Items\DCDDUs\A Ord-ADU regs 3-5-18.doc liW G:bjs 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 C10 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 u11 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 A13 A13 413 A13 413 A13 A13 A13 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 — Multi -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 TS0 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 90.o 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 A30 A30 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 Co 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 t: 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 III 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 I IDR 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 [a 5 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 I I 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 62 City of Tukwila Allan Ekberg, INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Jack Pace, DCD Director BY: Charlotte Archer, Asst. City Attorney; Nora Gierloff, Deputy DCD Director; Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: March 6, 2018 SUBJECT: Short-term Rental Regulations ISSUE Should Tukwila update its short-term residential rental regulations to address ADUs and single family houses? BACKGROUND In conjunction with the City's discussions pertaining to detached accessory dwelling unit (ADU) regulations, which began in March 2017, the City Council requested a review of the City's regulation of short-term (defined as a period of less than thirty days) rentals within the City. This review was intended to focus on the use of single-family and multi -family residences, as well as both attached and detached ADUs, for the purpose of obtaining rental income, commonly via an online marketplace such as HomeAway, Vacation Rental By Owner ("VRBO") or AirBnB. Anecdotally, property owners in the City are using their residential structures for both short- and long-term rentals on a regular basis (see Attachment A). The intention for this project was to review and revise, where necessary, the standards for rentals.' . A. Existina Regulations for Short and Long-term Rentals. Whether a particular residential building located within the City may be used as a short-term or long-term rental is determined by the regulations set out in Title 18 TMC Zoning Code. Currently, multi -family dwellings shall not be used for a rental tenancy of less than one month. See TMC 18.06.247. There is no prohibition on the use of a multi -family dwelling as a long-term rental. 1 Beyond the scope of this analysis are the following, which are subject to distinct regulations: Assisted Living Facilities (TMC 18.06.058); Continuing Care Retirement Communities (TMC 18.06.170); Convalescent/Nursing Homes (TMC 18.06.173); Correctional Institutions, including transitional housing (TMC 18.06.178); Extended -Stay Hotel or Motels (TMC 18.06.287); Hotels (TMC 18.06.440); Motels (TMC 18.06.585); Secure Community Transitional Facilities (TMC 18.06.706); Senior Citizen Housing (TMC 18.06.708); Shelters (TMC 18.06.743); commercial properties used for the purposes of short-term and extended -stay housing, such as motels, hotels, and extended stay motels. 63 INFORMATIONAL MEMO Page 2 There is no restriction on the use of a single-family dwelling as a short- or long-term rental. Similarly, there is no restriction on the use of mobile home dwellings in mobile home parks for short- or long-term rentals. Moreover, Tukwila's current standards for attached ADUs permit the rental of the ADU but require owner -occupancy of the either the primary residence or ADU. The draft ADU ordinance that allows detached ADUs has a placeholder ban on rentals of less than 30 days. That could be modified based on the Council's overall decision about short-term rentals. There are other categories of uses that may be used for short- and long-term rentals, including: • Dormitories defined as "a residential building or use which provides housing for students attending an affiliated school or housing for members of a religious order." • Boarding House defined as "a residential building which provides housing on a short-term commercial basis for tenants" is a conditional use in the MDR and HDR zones. • Bed and breakfast facilities defined as "an owner occupied dwelling unit that contains guest rooms where lodging is provided for compensation," are permitted in the LDR, MDR and HDR zones as conditional uses (for up to twelve guests), and guests shall be limited to a 14 -day maximum length of stay. Tukwila has never received an application for a bed and breakfast conditional use permit. Two other residential uses currently not identified in the TMC may also be affected by an amendment to the City's existing regulations for short- and long-term rentals. First, adult family homes (AFH)2 could arguably be considered residential properties used for rental purposes; however, state law prohibits the City from enacting regulations that put up a road -block to the placement of AFHs in all areas zoned for residential purposes. Second, the same analysis would likely apply to a residence used to house people with disabilities, including the recovery from a drug addiction.3 B. Existina Licensure Reauirements for Rental Properties. Tukwila's Residential Rental Business License and Inspection Program, codified at Chapter 5.06 of the Tukwila Municipal Code (TMC), establishes an annual rental licensure requirement for all "units" intended for rent. Each dwelling unit must be inspected for life safety issues every four years and a Certificate of Compliance is issued by the City for those units that meet all requirements. The code is silent about whether it applies to short-term rentals. C. Regulation of Short -Term Rentals by Neiahborina Jurisdictions. Staff analyzed the methods other cities in Washington utilize to regulate short-term rentals to develop a proposed model for Tukwila, see Attachment B. This issue is currently being debated in many jurisdictions in Washington in light of the dramatic recent growth of major companies in the short-term rental industry, as well as the housing crisis in the greater Seattle area. 2 Adult family homes are defined by state law as "a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services." RCW 70.128.010. See RCW 36.70.990. 64 INFORMATIONAL MEMO Page 3 On December 11, 2017, Seattle adopted new regulations to prevent property owners from operating short-term rentals as if they were hotels, as part of a larger effort to ensure an adequate supply of long-term rental stock for the City's permanent residents, see Attachment C. The new regulations limit hosts to two dwelling units each and requires a special license to operate said rentals. The City also requires short-term rental platforms, such as AirBnB, HomeAway and VRBO, to obtain a special "platform license" to facilitate bookings in Seattle. In advance of adopting these regulations, the City approved a new tax on short-term rentals, again designed to prevent property owners from operating short-term rentals as if they were hotels. Similarly, in October 2017, the City of Kirkland adopted Ordinance 0-4607, which regulates rentals lasting for less than thirty days. Properties must be owner -occupied at least 245 days per year and a "Short -Term Rental Business License" from the City is required. The use of an ADU as a short-term rental is allowed for up to 120 days per year, as long as the property owner (or authorized agent) occupy the primary residence for at least 245 days per year. A property manager must live within 15 miles of the residence when residence is used for short-term rental purposes. The City further dictates terms that must be included in the rental agreement, including a provision that "encourages renters to exercise best efforts to avoid conflicts with neighbors related to issues such as noise, littering, parking and trespass." The City also requires a business license for long-term rentals, including owner -occupants with a roommate. ANALYSIS Council is being asked to set a policy direction on short-term rentals. A. Advantages of Permitting Short -Term Rentals. Given the results of Staff's search (see Attachment A), there appears to be an existing marketplace for the short-term (defined as 29 days or less) rental of single- and multi -family dwellings in the City. This is occurring despite the codified prohibition on the use of multi -family dwellings for this purpose. From a policy perspective, short-term rentals bring numerous benefits to those who operate them, their visitors, and the surrounding neighborhood. Many individuals use short-term rentals to help afford their own home, either renting out a basement, a spare room, or the entire home when they are out of town themselves. They provide a flexible means for homeowners to earn more money than by renting out their property on a long-term basis. For visitors, short-term rentals often offer a more affordable option, and short-term rentals bring tourists and their collective spending power to Tukwila. B. Disadvantages of Permitting Short -Term Rentals. The rise in the use of rental properties as short-term rentals has also had negative impacts in communities throughout Washington. Short-term rentals can artificially inflate rental costs, and the more commercial use of short-term rental platforms has taken entire houses, condos and apartments off the long-term housing market. Some short-term rentals attract disruptive visitors, who are essentially vacationing within residential areas, and can have negative impacts on property values. Some studies have indicated some commercialized short-term rentals impact the hotel industry and the larger business community, by circumventing traditional lodging taxes. 65 INFORMATIONAL MEMO Page 4 Short-term rentals may also contribute to creating a transient community and increase parking demand in residential areas. Some of these negative effects may be mitigated by only allowing rentals of rooms within owner occupied dwellings as opposed to entire units. However, regulating the short or long-term rental of individual rooms within an owner -occupied dwelling would be a significant expansion of the Residential Rental Business License program. Additionally, without cooperation from the online rental platforms it is difficult to identify properties and enforce the current short-term rental regulations. We receive lodging tax as a lump sum and AirBnB only reports aggregate rental data, rather than by address. Currently, the City has no permitted Bed and Breakfast facilities. This appears to be a somewhat antiquated form of residential use, with the rise of AirBnB and other online alternatives. The City is aware of a few Boarding Houses within the City and there are ongoing code enforcement complaints relating to un -permitted Boarding Houses in the LDR zoning district (where this use is prohibited). The existing definition of a Boarding House makes this regulation difficult to enforce, given its use of undefined terms like "short-term" and "commercial basis." Similarly, there is no cap on the number of tenants that may reside in one residential building, no requirement that the building is owner -occupied, and no other relevant regulations such as higher parking standards. C. Options. With this context in mind, the City could opt to prohibit short-term rental of all dwelling units within the City, including entire single-family residences, rooms within owner -occupied residences, multi -family residences, ADUs (attached and detached), mobile and manufactured homes, Bed and Breakfast facilities, and Boarding Houses. Alternatively, the City could permit the use of some or all types of dwelling units as short-term rentals, subject to restrictions such as: (1) limitations on the number of lease agreements per dwelling unit; (2) caps on the number of occupants per bedroom; (3) the length of time the dwelling unit may be occupied by a tenant within a calendar year; (4) require certain amount of parking stalls for the property, if used for rental purposes; and/or (5) owner -occupancy requirements. As discussed briefly above, there are additional restrictions from state law on regulations for adult family homes and inpatient substance abuse facilities. The City Attorney would craft language for these uses based on the overall direction from Council. FINANCIAL IMPACT Allowing short-term rentals and requiring them to be licensed would modestly increase the revenue to the Rental Housing Program. Enhanced enforcement of short-term rental restrictions would require additional resources. 66 INFORMATIONAL MEMO Page 5 RECOMMENDATION The Council is being asked to review Tukwila's short-term residential rental regulations, chose to allow or prohibit the different types of short-term rentals, and send the issue to the Planning Commission for a public hearing and recommendation. ATTACHMENTS: A. Results of Staff Review of Rental Listings. B. Table of Neighboring Jurisdictions' Regulation of Short-term Rental Properties C. Regulating Short Term Rentals Seattle Policy Brief 67 INFORMATIONAL MEMO Page 6 ATTACHMENT A Staff Research Regarding Existing Short -Term Rental Stock Staff reviewed the inventory of short-term rental properties (as advertised on Craigslist, VRBO and AirBnB), in order to determine the scope of the existing use of these services. A review of AirBnB and VRBO, on December 28, 2017, found approximately 35 short-term rentals offered in Tukwila, including the following: - Three bedroom home, for $149/night Private room in single family home, for $38/night Towne and Country Hotel, Furnished 3 bedroom suite for $250/night - Two bedroom condo, for $135/night - One bedroom condo, for $85/night - Studio cabin (ADU), for $55/night - Guesthouse (ADU), for $65/night - Room in single family home with private bath, for $40/night Private room in single family house, for $56/night - Private room in three-bedroom apartment, for $60/night Single family home, for $112/night Detached ADU (Cottage), for $80/night Private room in single family home, for $45/night Two bedroom apartment, $120/night 68 INFORMATIONAL MEMO Page 7 ATTACHMENT B Neighboring Jurisdictions' Regulation of Short -Term Rentals Jurisdiction Single -Family Residences Poulsbo San Juan County ADUs (Detached Multi -Family or Attached) Residences Permitted Licensure Requirements (if any) Relevant Code Citations Prohibited Prohibited Permitted, no more than 34 guests per bedroom; parking required Clyde Hill Permitted (attached only), max 3 guests per bedroom; parking required; owner must occupy ADU or primary residence None Permitted in Commercial zone only PMC 18.70.070 "Vacation Rental Permit" required SJCC 18.40.270 Permitted, with limits on occupancy, parking, and use (for lodging only, can't be used for events) Ilwaco Permitted, with limitations on occupancy, parking, and use (for lodging only, can't be used for events) Conditional use in single-family, zones with limits on occupancy and parking. Leavenworth Westport Permitted, with limits on occupancy, parking, and use (for lodging only, can't be used for events) Permitted use in certain specified zones Prohibits use of entire dwellings as vacation rentals; permits short-term rental of a portion of a home when the property owner lives on-site throughout the visitor's stay with appropriate permits, including a business license Business License Required Permitted use in certain zones Ch. 5.20 CHMC Business License Required Permitted, subject to owner - occupancy requirement and permitting Prohibited Business License Required Permitted, subject to occupancy cap, parking and other standards Permitted, but only 1 vacation rental unit per "property" Prohibited Ch. 15.41 IMC LMC 18.52.120 Business License Required Ch. 17.22 WMC 4 San Juan County Council is currently considering legislation to reduce this to two guests per bedroom. 69 70 71 ;• r • • • •.• ,.:...mro.;-...e.. w�r • • ••• • • • :• • 11 ; "My landlord is a nice guy, he has kept the rent relatively reasonable for me and my partner, but he's recently informed us we will need to leave in a few months because he wants to rent out the property on Airbnb." -K., Seattle resident Benefits and Challenges of Short Term Rentals Short term rentals bring numerous benefits to those who operate them, their visitors, and the surrounding neighborhood. Many individuals use short term rentals as a way to help afford their own home, either renting out a basement, a spare room, or the entire home when they are out of town themselves. In a housing market that presents affordability challenges, there is no doubt short term rentals alleviate the housing burden for the many families that operate them. For visitors, short term rentals often offer a more affordable option. Short term rentals bring tourists, wedding parties, visiting family members and their collective spending power to neighborhoods across Seattle. Airbnb recently estimated the economic impact of its visitors in Seattle was $178 million from August 2014 to July 2015, supporting 1,700 jobs.8 At the same time, the more commercial use of short term rental platforms has taken entire houses, condos and apartments off of the long term housing market. One external website estimates that roughly one-third of Airbnb's listings in Seattle are from hosts with multiple listings. These could be multiple rooms in a house or completely separate units; hosts with multiple listings are more likely to be commercial operators not renting portions of their own primary residence.' A recent report published by CBRE Hotels' American Research found that 79 percent of Airbnb's revenue in Seattle comes from entire home listings and the revenue generated by hosts with multiple entire -home listings increased by 183 percent between 2015 and 2016.10 Commercial enterprises utilizing online rental platforms to market multiple units in multiple locations further exacerbate the housing crisis facing Seattle. Without regulation, this practice could continue to rapidly expand. As a 3 73 0 Any strategy the City can pursue to put more units into the long term market is worth examination. 4 74 recent Harvard Law and Policy Review article explains, "So long as a property owner or leaseholder can rent out a room on Airbnb for cheaper than the price of a hotel room, while earning a substantial premium over the residential market or rent -controlled rent, there is an overpowering incentive to list each unit in a building on Airbnb... In tight housing markets with near -zero vacancy rates, a sudden reduction in supply naturally increases rents, particularly because neither the market nor the public sector can swiftly add to the housing stock." 11 The extent of Seattle's housing crisis is well known. Lower income renters are being pushed further from the center city as prices rise; home buyers face an extreme lack of options and strong competition for every purchase offer. In 2015, Mayor Murray's Housing Affordability and Livability Agenda (HALA) taskforce put forward recommendations to achieve his goal of 50,000 new units of housing over the next 10 years, with 20,000 of these units designated as affordable. Short term rentals are not the leading cause of the severe shortage of housing (at all levels of affordability), but they have exacerbated an existing crisis. Any strategy the City can pursue to put more units into the long term market is worth examination. One of the recommendations from the HALA taskforce focused on short term rentals. Specifically, the taskforce recommended that the City pursue collecting taxes on this activity and dedicating those tax dollars to affordable housing. Currently, the City lacks the taxing authority to implement this recommendation. The sales tax is collected by the State and the hotel -motel tax in Washington is revenue carved out from the State's portion of the sales tax and remitted to local jurisdictions; state law dictates how this revenue can be spent. Facing this lack of options for new taxing authority, we have focused on regulatory actions that would align with the HALA goal of putting more units into the long term market. "The only unit I have rented through a short term rental service, Airbnb, has been my primary residence, a single family home located in an SF 5000 zone. I utilize the service for times when I will be on vacation, and my rental days have never exceeded thirty days per year." - G., landlord and AirBnB host While secondary to the housing concern, short term rentals also pose challenges to a fair economic playing field in the vacation market as it is unclear how many operators apply for the necessary business license and pay all applicable taxes. Further, many neighbors of units that have been converted to short term rentals raise legitimate questions about neighborhood livability. Regulatory Systems in Other Cities A review of the regulatory approach taken by other jurisdictions reveals a wide range of regulatory responses. On one end of the spectrum, some jurisdictions have focused exclusively on collecting the appropriate taxes that apply to short term rental transactions. On the other end, cities ranging from New York City to Santa Monica have enforced much stricter regulations; in New York City, apartments cannot be rented out for less than 30 days. Per a new law in Santa Monica, short term rental operators will have to live on the property during any short term rental stay. Other cities have attempted to find a middle ground. Philadelphia allows for short term rentals up to 90 cumulative days a year without a permit, requires a permit and owner occupancy of the unit for rentals from 90-180 cumulative days a year, and prohibits short term rentals for more than 180 cumulative days a year. San Jose allows short term rentals of up to 180 days a year without a host present and year-round with a host present. Both cities were cited byAirbnb's Public Policy Team as positive examples for Seattle to explore. 5 75 Taxation and Regulatory Context in Seattle Short term rental transactions currently operate outside of a solid regulatory framework in Seattle. Any person providing lodging services is required to collect and remit retail sales tax, meaning that anyone who offers their home or a portion of their home for short term rental should be paying this tax. Airbnb recently announced an agreement with the Washington State Department of Revenue to pay sales tax on behalf of its hosts, but it is unclear how many other owners pay the retail sales tax (9.6% in Seattle) on their units if they are not offering the units through Airbnb's website. "Last year a [neighboring townhouse] unit was sold.... One neighbor found that the owner is now renting out all three bedrooms in the house and apparently runs it as an AirBnB.... When I mentioned this to a couple of friends living in other parts of the city two of them said they were aware of similar situations in their areas." -E., concerned neighbor The Convention and Trade Center tax (15.6% when combined with sales tax) only applies to lodging businesses with 60 or more units. The sales tax is the only applicable tax to a short term rental transaction, because the basic hotel/motel tax in Washington State is collected as part of the state's portion of the sales tax and then remitted to local jurisdictions. The vast majority of short term rental operators do not have business licenses, which are currently required . While most if not all short term rental operators would fall under the Business and Occupation Tax minimum threshold of $100,000 in gross revenue, they are still required to get a license and report their revenue. With the exception of Bed and Breakfasts, commercial lodging (hotels and motels) are not allowed in residential zones. In single family zones, bed and breakfasts are allowed with conditions 6 76 outlined in Seattle Municipal Code 23.44.051. They must have a business license, adhere to dispersion requirements, establish quiet hours, must be operated by the principal owner and the owner must live on site, must notify neighbors, have limited signage, and meet parking requirements. In multifamily zones, bed and breakfasts have similar but slightly less restrictive requirements (SMC 23.45.545G). Regulatory Role for Government While some elements of the current short term rental market are novel, including the technology and the flexibility it offers, many aspects of this market are simply business operations. The City has always played a regulatory role when it comes to business and determining what level of operations is appropriate in residential areas. Any City government regulations should support one of these three goals: Balance the economic opportunity created by short term rentals with the need to maintain supply of long-term rental housing stock available at a range of prices. Ensure a level playing field for individuals and companies in the short term rental market. Protect the rights and safety of owners, guests and neighbors of these units. As explained in the Benefits and Challenges section, the first goal is the most pressing for Seattle City government. The primary elements of the regulatory scheme proposed below were built to address this issue. At the same time, the proposed regulations also either directly or indirectly support the second and third goals. Primary goal Providing economic opportunity while maintaining rental housing stock O 7 77 Proposed Regulations for Seattle Short Term Rental Operators With any regulation, one must start by defining the activity being regulated. In this case, we are defining short term rentals as any stays of 29 nights or fewer in duration. Stays longer than 29 nights in duration would not be subject to this proposal or be part of any cumulative short term rental stay calculations. We believe any stays of 30 nights or more fill a need in our housing market for households in transition. One benefit of the technology that facilitates the marketing and booking of short term rentals is that it expanded this niche in the housing market. Requirements Primary Residence Short term rental operator resides on-site I Business License Existing Requirement Short Term Rental Operator's License New Requirement Not Primary Residence Short term rental operator resides off-site Business License Existing Requirement Short Term Rental Operator's License New Requirement Limited to 1 dwelling unit in addition to the operator's primary residence located in the City of Seattle New Requirement The basic proposed framework for short term rentals in Seattle would look like this: You will be : 1. limited to renting your primary residence (including an in-law unit or backyard cottage associated with your primary residence) and a maximum of one additional dwelling unit and 2. required to register with the City and get a new Short Term Rental Operator license as well as a business license, an existing requirement. You will also be subject to a few more standards, including providing: • proof that the unit is your primary residence, • the license number on any short term rental listing, • a local contact number for guests, and • a signed declaration that the unit is up to code This proposed limit on the number of units is designed to meet the goal of maintaining our long term housing supply. This requirement will impact those who use these platforms commercially, not homeowners trying to make a little extra income on the side. The proposal would allow an exception to the proposed limits for operators of existing short-term rentals located in the Downtown, South Lake Union, and Uptown Urban Centers (areas where many of the City's lodging uses are located) while not allowing this commercial activity to expand. We also propose leveling the regulatory playing field for traditional bed and breakfasts, which still operate under regulations from the pre -online short term rental era. By lessening some the regulatory burden they currently face, the City can bring traditional bed and breakfasts in line with the new regulations for short term rentals. 0 The affected operators will be those who use these platforms commercially, not homeowners trying to make a little extra income on the side. 9 79 A Summary of \ew Regulations / requirements Regulations Facing Operators Operator's primary Operator resides residence off-site Applicable policy goal Title 5 Business License (existing requirement) x x 0 0 Pay all applicable taxes (existing requirement) x x 0 0 Prohibit evidence of STR use from exterior for except for signs as permitted by the sign code x x• Limit # of units to the primary residence and one additional dwelling unit x O Provide proof that the dwelling unit offered for short term rental is their primary residence x NA O Provide a local contact to all guests x x co Require operators declare that the unit meets the requirements of the Housing and Building Maintenance Code x x 0 Require posting of basic safety information for guests within rental units x x0 10 80 Proposed Regulations for Seattle Short Term Rental Platforms After surveying practices in other jurisdictions, it became clear that receiving data from the online platform companies is vital to an effective enforcement structure. In order to facilitate the enforcement, the City will need to collect basic information from the Short Term Rental Platforms like VRBO or Airbnb. To do so, these companies will need to register for a new regulatory license with the City. "I am a residential cleaner and have cleaned for several Airbnb renters and have thought for a very long time that this was severely adding to the housing problem in our city. I find it unfair how people could sit on empty apartments and rent them out for income while my friends, who are willing to pay a monthly rent, can't find an affordable apartment in the city." -S., residential cleaner The only requirements for the license will be a) to provide information about Seattle's regulations to operators using the platform b) to share basic data with the City on a quarterly basis, including the total number of short term rentals listed on the platform and the total number of nights each listing was rented through the short term rental platform and c) provide booking services only with operators who have been issued a short-term rental operator's license. 11 81 NE 95th St WEDGWOOD z NORTHEAST NE 75th SEATTLE NE 75th St VIEW RIDGE 65th St RAVENNA NE 55th St .0th St tiversity Village NE 45th St University of Washington v ._if — MONTLAKE a 520 Par Arboretum - 0 Warren NE 70th St m Magnuson Park - K r' NE 65th St HA HILLS E NE 60th SI Jr HILLS WINDERMERE Z' `.Say NE m Ru Ca NE 50th St 50. LAURELHURST J NP 9 HARRISON/. DENNY-BLAINE MADRONA m4 cef TIRE PARK E Cherry St vesler Way LESCHI 9' College Sts M cR RTH N HILL ¢' V 9�S �„le ffersOn Golf C ur ea* 0 a N BEACON HILL CO S Genesee St MBIA CITY �9 S Graham S1 J' S HEnaerFfi`/ / I / to SEWARD PARK 0, NEW HOLLY a' RAINIER VALLEY a 52. a ` I / 'a rd Park Concluding Remarks and Comments on Equity Inevitably, no citywide policy can best meet the individual needs of every short term rental operator. The proposed regulations detailed above attempt to strike a balance that recognizes both the benefits and challenges offered by short term rentals. They also attempt to focus on this issue through an equity -based lens: while there are a variety of stakeholders and interests in this area, those looking for an affordable home in this city are more in need of supportive local government intervention than those offering their second (or third or fourth) homes to out-of-town visitors. After these regulations are translated into legislation, they will be vetted through the full public process of the City Council, where input is eagerly accepted and further revisions robustly debated. Endnotes 1 http://techcrunch.com/2009/03/04/y-combinators-airbed-and- breakfast-casts-a-wider-net-for-housing-rentals-as-airbnb/ 2http://www.wired.com/2015/12/airbnb-confirms-1-5-billion-funding- round-now-valued-at-25-5-billion/ 3https://www.airbnb.com/about/about-us 4https://www.homeaway.com/info/media-center/presskit 5http://www.nyti mes.com/2015/11/05/business/dea l book/exped is-to- acqu i re-homeaway-for-3-9-bi ll ion.htm l?_r=0 6https://www.homeaway.com/info/about-us 7See https://www.airdna.co/sample/us/washington/seattle or http:// insideairbnb.com/get-the-data.html 8http://blog.airbnb.com/economicimpactsinseattle/ 9http://insideairbnb.com/seattle/ 10 https://www.ahla.com/sites/default/files/CBRE_AirbnbStudy_2017. pdf 11 http://harvardlpr.com/wp-content/uploads/2016/02/10.1_10_Lee.pdf