HomeMy WebLinkAboutCOW 2018-04-09 COMPLETE AGENDA PACKETTukwila City Council Agenda
.COMMITTEE OF THE WHOLE •••
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Allan Ekberg, Mayor Councilmembers: ❖ Dennis Robertson •:• Kathy Hougardy
David Cline, City Administrator •:• De'Sean Quinn ❖ Kate Kruller
Verna Seal, Council President ❖ Thomas McLeod •:• Zak Idan
1908
Monday, April 9,
2018; 7:00 PM Tukwila City Hall Council Chambers
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE
2. SPECIAL
PRESENTATIONS
a. Presentation of Washington Municipal Clerks Association (WMCA)
"Clerk of the Year" award to Christy O'Flaherty. Virginia Olsen,
WMCA President, and Paula Swisher, WMCA President -Elect.
b. A proclamation recognizing April 14, 2018, as "Sikh Heritage Day" in
the City of Tukwila.
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3. PUBLIC
COMMENTS
At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per person). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion. (Refer to back of agenda page for additional information.)
4. PUBLIC
HEARING
An ordinance relating to regulations for Accessory Dwelling Units (ADUs).
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5. SPECIAL ISSUES
a. An ordinance relating to regulations for Accessory Dwelling Units
(ADUs).
b. Council consensus on short-term rentals.
c. An amendment to Interlocal Agreement #15-115 with Valley View
Sewer District to provide sewer services to "the Loop" (an area in
Tukwila bounded generally by South 160th Street, 42nd Avenue South,
State Route 518, and 51st Avenue South).
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Pg.61
Pg.87
6. REPORTS
a. Mayor
b. City Council
c. Staff
d. Council Analyst
7. MISCELLANEOUS
8. ADJOURNMENT
Reasonable
City Clerk's Office
www.tukwilawa.gov,
Tukwila
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accommodations are available at public hearings with advance notice to the
(206-433-1800 or TukwilaCityClerk@TukwilaWA.gov). This agenda is available at
and in alternate formats with advance notice for those with disabilities.
Council meetings are audio/video taped (available at www.tukwilawa.nov)
HOW TO TESTIFY
When recognized by the Presiding Officer to address the Council, please go to the podium and state your
name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit
your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and
may not be able to answer questions or respond during the meeting.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council on items that are NOT included on
the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a
comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic.
SPECIAL MEETINGS/EXECUTIVE SESSIONS
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters as prescribed by law. Executive Sessions are not open to the public.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may
speak a second time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at that time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL MEETING SCHEDULE
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official
Council action in the form of formal motions, adopting of resolutions and passing of ordinances can
only be taken at Regular or Special Council meetings.
Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council
President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a
one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed there are forwarded to Regular or Special Council meetings for official action.
Office of the Mayor
City of Tukwila, Washington
PROCLAMATION
WHEREAS, Sikh Americans have made important contributions to the social,
economic and cultural fabric of our city; and
WHEREAS, During the month of April, the Sikh community celebrates
Vaisakhi, also known as Khalsa Day, which marks the beginning of the harvest seas and
the Sikh New Year; and
WHEREAS, Tukwila is one of the most multicultural cities in the region and
home to people from all over the world; and
WHEREAS, Tukwila prides itself on being a city where people of all faiths and
cultures are welcomed, respected and able to live in harmony with each other; and
WHEREAS, Events such as Sikh Heritage Day celebrate the rich cultures and
traditions that contribute to the unique character of our city;
NOW THEREFORE, I, Allan Ekberg, Mayor of the City of Tukwila, do hereby
proclaim April 14, 2018 as:
Sikh Heritage Day
in the City of Tukwila and encourage all community residents to join me in celebrating the
many contributions of our Sikh community here in Tukwila.
Presented this 9th day of April, 2018.
7
lit
Allan Ekberg, Mayor
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COUNCIL AGENDA SYNOPSIS
1 ilitialr
Meeting Date
Prepared by
Mayors review
Council review
10/02/17
NG
04/09/18
NG
L t'
(
04/16/18
❑ Bia'.'lnun'd
1Itg Date
Other
AItg Date
C.A"I'1 (( )RY Discussion
11 Ordinance
11 Public Hearing
Altg Date
4/9/18
A1,g Date 4/16/18
ITEM INFORMATION
ITEM No.
4 & 5.A.
STAN,' SPONSOR: NORA GIERLOFF
ORIGIN,A1. AGI:N1).A 11A1'1.: 10/2/17
Ac;I?Nl),\ Irl:\ITrrl,l:
Update to Accessory Dwelling
Unit Regulations
10/2/17 &
❑
AItg
Motion
Date
❑ Resolution
,AItg Dale
❑ Bia'.'lnun'd
1Itg Date
Other
AItg Date
C.A"I'1 (( )RY Discussion
11 Ordinance
11 Public Hearing
Altg Date
4/9/18
A1,g Date 4/16/18
Altg Date 4/9/18
SPONSOR ❑Council ❑Mayor
❑['mance ❑Fire TS ❑P R ❑Police ❑RV .❑C'outt
❑HR ►1DCD
SPONSOR'S At the Housing Policy Work Session Council prioritized a review and update to the
St'\IM.\RY Accessory Dwelling Unit zoning standards. Public outreach and education about this issue
began with a survey about possible changes to current ADU standards. The Planning
Commission held a hearing and has forwarded a recommended ordinance.
RI:A'II:AVw1 :1) BY ❑ C.O.W. Mtg.
❑ Trans &Infrastructure
DATE: 8/28/17,
CDN Comm
❑ Finance Comm. n Public Safetvv Comm.
❑ Parks Comm. P 1 Planning Comm.
CONIMI'FIT?E CI -LAIR: HOUGARDY, KRULLER
❑ :\rts Comm.
3/13/18
RECOMMENDATIONS:
SPONSOR/ADMIN.
CommITIEK
Department of Community Development
Unanimous Approval; Forward to Full Council
COST IMPACT / FUND SOURCE
ExII:NI)1'fuR1? R QUIRI:I) AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
10/2/17
Forward to PC for Public Hearing
4/9/18
MTG. DATE
ATTACHMENTS
10/2/17
Informational Memorandum dated 8/22/17 Updated 9/27/17 with attachments
Minutes from the Community Development and Neighborhoods Committee of 8/28/17
4/9/18
Informational Memorandum dated 3/6/18 with attachments (Updated after CDN Mtg.)
Minutes from the Community Development and Neighborhoods Committee of 3/13/18
4/16/18
0
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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 Updated 4/3/18
SUBJECT: Accessory Dwelling Unit Code Amendments (Updated after CDN Meeting)
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), see Attachment G for a chart of ADU standards in
cher cities. 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.
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6
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 see sample site plans at Attachment F.
• 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, see Attachment D. 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 cry 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. This would still exclude ADUs from areas of the city
where the lots were platted at less than the current LDR standard of 6,500 square feet,
see Attachment H for a map of LDR lot sizes.
W:12018 Info Memos\ADUs.doc
INFORMATIONAL MEMO
Page 3
7. Retain the owner occupancy requirement for one unit on site, either the house or ADU.
8.
Art! IP- +, G(l.", G`['
+L. .. .J �.. &.. ..
A I.- .. cnn Cr :F+L. .. A.r i 1 • ..�ri �.-.., l.l.-..��i ,:+6, "es
str «t p r!:;nrr.Change the parking requirement to 1 off-street space per bedroom.
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._ip to a
maximum sauare footage to be determined
• Not Only providingone parking space for an when the ADU over 600 sf
!f. Ores more
• 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 Stn
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
F. Sample Site Plans
G. ADU Standards in other citie
&H. Map of Lots Zoned LDR
W:12018 Info Memos1ADUs.doc 7
8
NOTE: Shaded text on pages 1, 16 and 17 reflects changes
made after review by the Community Development and
Neighborhoods Committee on March 13, 2018.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING VARIOUS
GnrIkI Alin ES AAIl TABLE .14 G "1 A AID USES
RUIIY/'11Vl+CJ AND I P L)I "LA vvw
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 the 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 City wishes to provide more affordable housing for its residents;
and
WHEREAS, the City wishes to minimize impact on surrounding single family homes
by limiting attached ADUs and detached ADUs to one per lot and reauirina documented
homeowner occupancy of at least one of the units 100% of the time; 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
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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
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, 2017 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.
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Page 2 of 18
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:
LDR BASIC DEVELOPMENT STANDARDS
Lot area, minimum
Average lot width (min. 20 ft.
street frontage width), minimum
Development Area, maximum
(only for single family
development)
6,500 sq. ft.
50 feet
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
• Front, decks or porches
• Second front
• Sides
• Rear
Height, maximum
Off-street parking:
• Residential
• Accessory dwelling unit
• Other uses
20 feet
15 feet
10 feet
5 feet
10 feet
30 feet
See TMC Chapter 18.56, Off-street
Parking & Loading Regulations
See TMC Section 18.50.220
18.10.030
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:
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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
Lot area per unit
(multi -family)
8,000 sq. ft. (Applied to parent lot
for townhouse • lats
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
Setbacks, minimum:
• Front - 1st floor
60 feet
(Applied to parent lot
for townhouse plats)
Applied to parent lot for townhouse plats
• Front - 2nd floor
• Front - 3rd floor
• Second front - 1st floor
• Second front - 2nd floor
15 feet
20 feet
30 feet
(20 feet for townhouses)
7.5 feet
• Second front - 3rd floor
• Sides - 1st floor
10 feet
15 feet
(10 feet for townhouses)
10 feet
• Sides - 2nd floor
• Sides - 3rd floor
• Rear - 1st floor
• Rear - 2nd floor
• Rear - 3rd floor
20 feet
(10 feet for townhouses
unless adjacent to LDR)
20 feet
(30 feet if adjacent to LDR;
10 feet for townhouses
unless adjacent to LDR)
10 feet
20 feet
(10 feet for townhouses
unless adjacent to LDR)
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
• 3 story buildings
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10 feet
20 feet
Page 4 of 18
Height, maximum 30 feet
Applied to parent lot for townhouse plats
Landscape requirements (minimum):
See Landscape, Recreation, Recycling/
Solid Waste Space requirements
chapter for further requirements
• Front(s)
• Sides
• Rear
15 feet
Development area coverage
10 feet
10 feet
50% maximum (75% for townhouses)
Recreation space
Off-street parking:
• Residential
• Accessory dwelling unit
400 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
• Other uses
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations.
See TMC Section 18.50.220
A... .in n.. r.. socticrr. -f this. ch^p.tor
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
Lot area per unit
(multi -family, except
senior citizen housing)
Average lot width
(min. 20 ft. street frontage width),
minimum
Setbacks, minimum:
• Front - 1st floor
9,600 sq. ft. (Applied to parent lot
for townhouse plats)
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.)
60 feet
(Applied to parent lot
for townhouse plats)
• Front - 2nd floor
Applied to parent lot for townhouse plats
15 feet
20 feet
• Front - 3rd floor 30 feet (20 feet for townhouses)
• Front- 4th floor 45 feet (20 feet for townhouses)
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• 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
• Sides - 1st floor
22.5 feet (10 feet for townhouses)
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
• Rear - 1st floor
• Rear - 2nd floor
• Rear - 3rd floor
• Rear— 4th floor
Townhouse building separation, minimum
• 1 and 2 story buildings
• 3 and 4 story buildings
Height, maximum
Development area coverage
30 feet
(20 feet for townhouses
unless adjacent to LDR)
10 feet
20 feet
(10 feet for townhouses
unless adjacent to LDR)
20 feet
(30 feet if adjacent to LDR;
10 feet for townhouses
unless adjacent to LDR)
30 feet
(20 feet for townhouses
unless adjacent to LDR)
10 feet
20 feet
45 feet
50% maximum (except senior citizen
housing), (75% for townhouses)
Landscape requirements (minimum):
See Landscape, Recreation, Recycling/
Solid Waste Space requirements
chapter for further requirements
• Front(s)
• Sides
• Rear
Applied to parent lot for townhouse plats
Recreation space
Recreation space,
senior citizen housing
15 feet
10 feet
10 feet
400 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
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14
100 sq. ft. per dwelling unit
Page 6 of 18
Off-street parking:
• Residential (except senior citizen
housing)
• Accessory dwelling unit
See TMC Chapter 18.56,
Off-street Parking & Loading Regulations.
See TMC Section 18.50.220
Accessory Usc scst cr, of this chapter
• Other uses, including senior citizen See TMC Chapter 18.56,
housing 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 43.21 C, shall be evaluated to determine whether
adverse environmental impacts have been adequately mitigated.
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
Setbacks to yards, minimum:
• Front
• Second front
• Sides
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
3,000 sq. ft.
25 feet
12.5 feet
10 feet
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
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Page 7 of 18
15
• Rear
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
10 feet
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
• Second front
• Sides
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
• Rear
15 feet
12.5 feet
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Recreation space
Recreation space,
senior citizen housing
5 feet
10 feet
5 feet
10 feet
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
100 sq. ft. per dwelling unit
Off-street parking:
• Residential (except senior citizen
housing)
".cc sscry' _4 ,_.1liny unit
• Office, minimum
• Retail, minimum
See TMC Chapter 18.56, Off street
Parking & Loading Regulations
TMA Secti.,Y, 1 Q 16 03n
i CCS$ cr j 1 IL r
3 per 1,000 sq. ft.
usable floor area
2.5 per 1,000 sq. ft.
usable floor area
• Other uses, including senior See TMC Chapter 18.56, Off-street
citizen housing 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.
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:
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16
Page 8 of 18
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
Height, maximum
3 stories or 35 feet
Landscape requirements (minimum):
Recycling/Solid Waste Space requirements
See Landscape, Recreation,
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
Aw,^ll n -,nit
Cion Accessory c .-n+;cry
sn
v .,.,•, „
• n �cvn
.Use
n+ +hie nhn,+nr
• 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
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Page 9 of 18
17
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:
RCC BASIC DEVELOPMENT STANDARDS
Lot area, minimum 5,000 sq. ft.
Lot area per unit (multi -family),
minimum
Setbacks to yards, minimum:
• Front
• Second front
• Sides
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
3,000 sq. ft.
20 feet
10 feet
5 feet
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
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Recreation space 200 sq. ft. per dwelling unit
(1,000 s . ft. min.)
10 feet
10 feet
10 feet
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18
Page 10 of 18
Off-street parking:
• Residential
L
• Office, minimum
• Retail, minimum
• Other uses
See TMC Chapter 18.56,
Off-street Parking & Loading
q Regulations
Sce Acccesevey Use cect!on
of chapter
3 per 1,000 sq. ft.
usable floor area
2.5 per 1,000 sq. ft.
usable floor area
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.
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.
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19
20
NCC BASIC DEVELOPMENT STANDARDS
Lot area per unit for senior citizen housing,
minimum
726 sq. ft. (senior housing)
Setbacks to yards, minimum:
• Front
• Second front
• Sides
6 feet (12 feet if located along
Tukwila International Blvd. S.)
5 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
• Rear
10 feet
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, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Height, maximum
10 feet
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
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
• Sides
10 feet
• Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
• Rear
None
• Rear, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Recreation space
Recreation space,
senior citizen housing
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10 feet
none
10 feet
200 sq. ft. per dwelling unit
(1,000 sq. ft. min.)
100 sq. ft. per dwelling unit
Page 12 of 18
Off-street parking:
• Residential (except senior citizen
housing)
• A'sr+, onr /414 Itn llinr. +gni#
See TMC 18.56, Off-street
Parking/Loading Regulations
Soso TMC 13.22.030, �coc co y �i ce
.
• Office
3 per 1,000 sq. ft.
usable floor area
• Retail
• Manufacturing
2.5 per 1,000 sq. ft.
usable floor area
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 See TMC 18.56, Off-street
housing 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 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 reauirement does not apply to ADUs or accessory structures.
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21
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 sidina are as
follows:
a. The structure exhibits a high decree of design quality. including a mix
of exterior materials. detailing. articulation and modulation: and
b. The proposed sidina material is durable with an expected life span
similar to the structure: and
c. The siding material enhances a uniaue architectural design.
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.
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Page 14 of 18
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 desian 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 desian of an attached ADU that does not reflect the desian vocabulary of
the existing primary residence may be approved if the new portion of the structure
exhibits a high degree of desian auality. 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 reauired in
the Zoning District they are located within.
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 sauare footage of
the primary single-family dwelling (excluding the area of any attached
1,000 sauare 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
existina structure.
5. Detached ADUs may be a maximum of 1,000 sauare feet. If built over a
detached garage, the detached aaraae would not count toward the area limit for the
ADU.
arage) or up to
6. Detached ADUs may be uo 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 existina structure, or where there is
at least 60 feet between the existina 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.
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Page 15 of 18
23
B. Parking.
1. One off-street parkin° space must be provided for each studio or one
bedroom ADU. with one additional space required for each additional bedrooms
... µr .J +: �C {�. ^.�I Ij : ✓ Gn J �rw .ori
Z. Th, r. r. 1.r"r,rl A nI 1 .,....-I.�.-,n n.�...�.i�� ;..
of rc......:rod :f +hc co' .'tom r ' ; *h"
h., .-. c�c.r.rl F. -.+w+ +rr.rd +h.-+ knr. 1...-...I .. n+rr., + r. rLinn
• a,,...�s.
32. These ADU parking spaces are in addition to anv parking spaces required
for the primary single-family dwelling.
43. Tandem spaces are permitted.
C. Owner Occupancy Reauirement.
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 anv 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 reaistration 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 reauirement shall run with the land.
4. If the owner occupancy reauirement 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 anv of the requirements of this section shall be subiect 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 reaistration form, sign and record an affidavit of owner occupancy, and obtain a
building permit for anv necessary remodeling or construction.
B. All ADUs existing prior to the enactment of these requirements shall apply for
reaistration 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:
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Page 16 of 18
Exceeding the permitted height for a detached ADU.
2. Exceeding the permitted area for an attached or detached ADU up to a
maximum of XX sauare feet.
3. Net -Only providing a sccond one parking space for an when the ADU over
feet :^ area, if reauiresd more.
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.
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)
WR
MDR
HDR
MUO
0
RCC
NCC
RC
RCM
C/L I
LI
HI
MICAMIC/H
TVS
TSO
PRO
17
Dwelling unit—Accessory
A
A
A
A
A
A
A
A
A
17. See TMC Section 18.50.220 for Aaccessory dwelling unit,- standards provided:.
u.111111111.11,4.41
n im..m
In+ of 7 ')nn cn. lnrc. fno}-
n�n r1��1nlli.. nit it' nn rn +knn 220% .-.f +hc. one. Fr+n+.tines of +hn
SCC , "� . ...ay
4,rimnr.. r '4- Jn nnrJ n i .-r-"..rws of '1 nnn cin.. rG, fnn+ •.L+i`.hn. inr io 1 n
�,... 1, 1,11•.,) ,,,..,..,.,....... .-1 . ,..,... ...,1..+...... ,1.'-1. ..,.."..... .....
n of +hn rr`.+i.J..nnnn in +hn ..r.i rnoirin4n� ,OF n r.nronn .ihn �: inn s.•�+ Innc+
.,..� ,.. 111 1 ,u ,, ... .., . .,• y I, . �. r.......,. ....
�n0% of +hn 4,r4 -r rhi
rl rl.��c.11inn 1141+ itc• r, es" in+n +kr. rimnn1 rJn+nnhnrl ninn In fnm.l,
1• ,..........y M,,.. r .. N..... , y u .. ..0 , �,...y
noirJpnr`n n+ n.-.4 r+r.-.+ .nit cn +4...+ hn+h 1141+r+ nnnnr +n In of +k
rJn rnc if nnno+r. ..+.h..n. � 11rrica•
u. ;..
C•
minim..... of +i-. rvv nn rLPinn c.•.nd r. es.. +hn n nnrF.i n,i+h 1 +
m nn nn rn
1111. ,1111 W ..., ., r........y .,r... .y 1111 ,
minirn..m of fn..r c+no•..-, fnr 1141+c n.rr+r inn c•n. inrca fon+• nn�J
v..�....... .. ,.. ., —"•-•... 1111..,, . ,..,. c . v. . v.... .. r....,.... ... ..., ..+....�......, 1111... ...
+knn PACT
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Page 17 of 18
25
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.
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
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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
MIC/L
MIC/H
TVS
TSO
PRO
Adult day care
A
A
A
A
A
_A
A
P
Adult entertainment (subject to location restrictionsl)
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
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
I P
P
P
P
P
Cargo containers (*see also TMC 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
N
Page 1
N
CO
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
NS
I
TSO
PRO
Colleges and universities
C
C
C
C
C
C
C
C
C6
C6
C6
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
A13
A13
A13
A13
A13
A13
A13
A13
A13
A13
A13
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
and all
other
MDR
standard
P
60/ac
P
60/ac
P
60/
ac
P
60/ac
P
60/ac
C16
100
/ac
P14
Dwelling unit —Accessory1
A
A
A
A
A
A
A
A
A
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
T50
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
P
C3
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 park18
C
P
Page 3
N
CO
W
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
CA I
LI
HI
MICA
MIC/H
NS
TSO
PRO
Manufacturing and industrial uses that have little potential for creating off-
site noise, smoke, dust, vibration or other external environmental impacts or
pollution:
A) Manufacturing, processing and/or packaging pharmaceuticals
and related products, such as cosmetics and drugs
P19
P
P
P
P
P
P
P
P
P
B) Manufacturing, processing and/or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes,
canvas, clay, clothing, fur, furniture, glass, ink, paint, paper,
plastics, rubber, tile, and wood
P19
P
P
P
P
P
P
P
P
P
C) Manufacturing, processing, assembling, packaging and/or repairing
electronic, mechanical or precision instruments such as medical
and dental equipment, photographic goods, measurement and
control devices, and recording equipment
P19
P
P
P
P
P
P
P
P
P
D) Manufacturing, processing, packaging of foods, such as baked goods,
beverages, candy, canned or preserved foods, dairy products and
byproducts, frozen foods, instant foods, and meats (no slaughtering)
i)) Fermenting and distilling included
P
P
P
P
ii)) No fermenting and distilling
P19
p
p
p
P
P
Manufacturing and industrial uses that have moderate to substantial
potential for creating off-site noise, smoke, dust, vibration or other external
environmental impacts:
A) Manufacturing, processing and/or assembling chemicals, light
metals, plastics, solvents, soaps, wood, coal, glass, enamels,
textiles, fabrics, plaster, agricultural products or animal
products (no rendering or slaughtering)
C
C
P
C
P
C
B) Manufacturing, processing and/or assembling of previously
manufactured metals, such as iron and steel fabrication; steel
production by electric arc melting, argon oxygen refining, and
consumable electrode melting; and similar heavy industrial uses
C
C
P
C
P
C
C) Manufacturing, processing and/or assembling of previously prepared
metals including, but not limited to, stamping, dyeing, shearing or
punching of metal, engraving, galvanizing and hand forging
C
C
C
P
P
P
P
C
Page 4
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
D) Manufacturing, processing, assembling and/or packaging of
electrical or mechanical equipment, vehicles and machines
including, but not limited to, heavy and light machinery, tools,
airplanes, boats or other transportation vehicles and equipment
P
P
P
P
P
C
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
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
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
P23
p
P23
P24
P
p
P
P
p
P9
C10
P25
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
Page 5
W
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
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 TMC 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
P9
C10
P28
P
P
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
i
HDR
MU0
0
RCC
NCC
RC
RCM
CIL I
LI
HI
MIC/L
MIC/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)
Ly
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)
A30
A30
A30
p
Storage (outdoor) of materials allowed to be manufactured or handled
within facilities conforming to uses under this chapter; and screened
L pursuant to TMC 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 Ch. 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.
Page 7
W
OJ
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, stationery, 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
f. 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.
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 HDR 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. See TMC Section 18.50.220 for Aaccessory dwelling unit, standards. provided:
a r ,�i. tnn.r thy., 33"' ..r1h.. roctago .,G t!to. ,.; .., ., .... rocit'._.. .......,J ....:,..,. foot, ..l_: i...., 1.�.,...
cno
h t Anil. unit.; apr^ar to y,_ of the
:told tt:t
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 he 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;
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.
W
01
Page 9
w
rn
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.
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.
Page 11
38
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
39
40
Public Comments on ADU Changes
From: Sandra Kruize
Sent: Wednesday, April 4, 2018 9:20 AM
Subject: mother in law cottages and regulation changes
Dear Ms. Gierloff:
I am submitting this question to you regarding Tukwila's allowing backyard cottages and
changes to mother-in-law apartment regulations.
Why is there zero acknowledgement of the need to retain and or sustain wildlife in this low
residential plan? Currently, in these neighborhoods, minimal human amenities are considered; space,
height, number of vehicles and more.
It's as if there is no such thing as wildlife habitat. That is reflected in the hodge podge of yards;
most are neatly kept grass with some ornamental shrubs and trees mixed with what is still left of native
large trees and conifers.
Others make no accommodation for any. They have huge garages and almost a full ash fault
front yard.
Now, newer, much bigger homes are set on lots that once held smaller homes. The result is loss
of wildlife habitat; and this does not seem to be worth defending and regulating.
Tukwila has Parks and a Parks Commission. It has the Tukwila Community Center that hosts an
annual Wildlife Habitat Fair.
Wildlife cannot exist in patches of parks. It has to have a web of habitat. Good stewardship of
City of Tukwila requires attention to the importance of wildlife habitat in residential neighborhoods; not
just in showcase parks.
Otherwise, the future of low residential neighborhoods will be more and more barren of wildlife
and its habitat. I want City of Tukwila to step up to this aspect of life and judge it to be worth formally
accommodating.
From: Jonathan Tweet
Sent: Monday, April 2, 2018 8:04 AM
Subject: "granny pods"
I'm a longtime Tukwila resident, and I won't be at the meeting on the 9th, but I'd like to submit a
comment in favor of allowing residents to build small, secondary units on their property.
Attachment C
41
From: Darin Perrollaz
Sent: Sunday, April 1, 2018 1:33 PM
Subject: re: Mother -in -Law apartment regulations/accessory dwelling units
My husband and I moved east of the mountains from Tukwila in August. We lived in Tukwila for over
20+ years. Having grown up in the country, we had a yearning to get back to living more simply and less
harried. We just received the flyer asking "What do you think?" about an amnesty program for existing
unregistered ADUs and limiting ADU rentals to 30 days or longer. This email comes in response to this
flyer. While we no longer live in Tukwila, I felt compelled to give you my opinion on the matter.
We lived in a neighborhood in Tukwila that was seeing a rise in such ADus and I am not sure why the city
is calling them Mother -in -Law apartments. If they truly were for Mother -in -Laws, I could see the benefit
as many of our elderly are struggling under a heavy load of burgeoning out of control taxes. The ADUIs
in our old neighborhood were tool or garden sheds converted into living spaces for whole families
connected to homes that had multiple families living in single family dwelling homes. We lived kitty
corner to two such homes that were multifamily homes and had between 8-11 cars associated with
them. One home regularly blasted Karaoke until all hours of the night and the other fiesta music which
equaled lots of noise and frustration on many fronts for all the neighbors living around them.
While I didn't love living in the city, these challenges made living closer to neighbors without regard to
noise levels even more disagreeable. I find it appalling that amnesty will be granted to these homes
where people are piling in single dwelling homes because the cost of living/taxes/unaffordability of
homes makes it untenable for them to live like the rest of those around them who will have to foot a
disproportionate tax load as single family units.
Making an all inclusive neighborhood does not mean changing the current structure to accommodate
everyone. I think the City of Tukwila should look at cutting spending and reducing taxes to make it
affordable to live there rather than allowing more high density living structures (if you can call them that
from what we've observed). I would suggest that the only benefit of enacting this piece of legislation is
so that the city can collect more taxes to make more wasteful expenditures.
Living freer and less tax burdened in the country and thankful for it,
Anna Perrollaz
Former Tukwila Resident
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
42
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
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.:
43
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
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,
44
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.
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?
Thank you in advance,
Alison MacLeod
45
46
Photo of an addition to an existing house where the architectural designs do not match.
Attachment D
47
48
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/Pagel.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/Pagel.aspx
Attachment E
49
50
r
100'
7,200 SF Lot
72'
10'
To reduce size to 800 SF ADU this
v
>
0
E
al
a)
0
-o
0
C13
ca
40'x25' footprint 1,000 SF
Single story 2 Bdrm ADU
1,450 SF Footprint for 2 Story
House with 2 car Garage
Max building footprints 2,457 SF
Max Development Coverage per lot 5,400 SF
Total this example 3,260 SF
20' front setback, 5' side, 10' rear
Driveway, parking pad
and sidewalks are 810 SF
5'
51
52
11
825 SF Single story ADU
Size limited by Max Footprint
1,450 SF Footprint for 2 Story
House with 2 car Garage
Max building footprints 2,275
Max Development Coverage 4,875 SF
Total this example 2,940 SF
20' front setback, 5' side, 10' rear
Driveway and
sidewalks are 665 SF
725 SF Single story 1 Bdrm ADU
Size limited by Max Footprint
1,200 SF Footprint for
House with 1 car Garage
Max Development Coverage 4,125 SF
Total this example 2,725 SF
20' front setback, 5' side, 10' rear
Driveway, parking pad
and sidewalks are 800 SF
53
92'
5,500 SF Lot
60' 110'
725 SF Single story
1 Bdrm Attached
ADU, Size limited
by Max Footprint
4
1,200 SF Footprint for
House with 1 car Garage
Max building footprints 1,925
Max Development Coverage 4,125 SF
Total this example 2,735 SF
20' front setback, 5' side, 10' rear
Driveway, parking pad
and sidewalks are 740 SF
5'
54
G)
Comparison
City
of Accessory Dwelling Unit
Standards
Height
Parking Requirement
Owner
Occupancy
Fees
Min. Lot Size Max. Unit Size
Other Regulations
Tukwila
Attached
Only
smaller of 1/3 sf
of main house or
7,200 1,000 sf
NA
2 for main house, 1 for
ADU up to 600 sf, 2 for
ADU over 600 sf
Required
None
Incorporated into the primary single-family
residence so that both units appear to be of
the same design as if constructed at the
same time, Not sold as a condo, Detached
not permitted
Renton
Attached
and
Detached
smaller of 3/4 sf
ofhmain house or
Same as zone 800 sf
30', but no
taller than
main house
2 for main house, 1 for
ADU
Required,
signed
affidavit,
notice on title
Conditional Use Permit, match main house, Admin
Max 50 allowed per year in City, meet CUP
impervious surface and building coverage $1,500
Kent
Attached
and
Detached
Specific zoning
requirements of
each zone. ADU
in new
development
limited to 800 sf
or 33% of the
same as Zone principal home
23' but not to
exceed the
height of the
principal
building
2 for main house, 1 for
IADU
1 unit must be
owner
occupied for 6
months of the
year, Recorded
covenant
Planning
Review
Immediate neighbors of an ADU applicant
will be notified of the pending ADU permit ,
within 15 days of the application being '
deemed complete. x$93
SeaTac
Attached
and
Detached
Attached
NEW: 800 SF
EXISTING: 45% of
Same as the principal
Zone. 1 ADU home
per lot Detached 800 SF
20'
Parking for main house
by zone, 1 for ADU up
to 600 sf, 2 for ADU
over 600 sf
Must occupy
for at least 9
months,
affidavit and
documentatio
n of residency
required.
{
'ADU must be registered with the City of
SeaTac. Occupancy limit of 2 people for 440
SF, 3 people for 600 SF, 4 people for 800 SF.
Waiver for additional parking requirements
can be granted if adequate street parking is
available. Impact fee is 60% of SF rate.
$129
01
01
01
Owner
City Min. Lot Size Max. Unit Size Height Parking Requirement Occupancy
Other Regulations Fees
Burien
Same as Lower of 10ft
Zone. ADU above the
footprint no height of the
more than Attached 1000 SF primary
15% of the Detached 800 SF, existing 1 additional parking
total lot area Exceptions structure or space is required. Required,
Attached or 80% of the possible for the max Parking should be on signed and
and main buildings at least allowed in the the side or rear of the recorded
Detached residence ,5 years old zone I building. affidavit _
1
Only 1 entrance per street front unless
hidden. Designed to match main building. i
Non -conforming ADU's can apply to become
legal ADU's if they meet all requirements set
fourth in the BMC. No impact fees for ADUs. None
I
Seattle (in SF Zone)
Attached Same as zone 1,000 sf NA
Required,
1 for main house, 1 for signed
ADU, waiver is possible covenant
Max 8 residents on site unless all related. No
public comment period on application or
I appeal allowed.
Duplex building standards for sound and fire $210 +
separation if new construction, Only 1 visible plan
entrance per street, Sewer capacity charge review
for new connections. fee
Required,
1 for main house, 1 for signed
Detached 4,000 800 sf ADU, waiver is possible ,covenant
Entrance can't face nearest side yard or rear i based
unless on an alley. Not allowed in the b on value
shoreline. Must pay sewer capacity charge. of work
Portland
No additional for ADU No
1 or more related persons plus up to 5
additional persons, Some utility hook up and
!impact fees reduced or waived
Only 1 entrance on street facade
smaller of 3/4 sf
of main house or
,Attached Same as zone 800 sf NA
smaller of 3/4 sf
of main house or
Detached Same as zone 800 sf 20' height No additional for ADU , No
,Smaller footprint than main house, 40'
setback from front lot line or behind the
house, design to match main house, Duplex
building standards if new construction
own
Single Family Lot Sizes
360 - 3,000 to 5,999 SF
289 6,000 to 6,500 SF
217 12,000 to 13,000 SF
3,928 ' Other LDR Lots
I Parks and Schools
Neighborhoods
Foster
Point
Cascade
View `_—
horndyke
M M it k—er
-;1
1 i.7 :.'- \
Attachment H
58
City of Tukwila
City Council Community Development & Neighborhoods Committee
COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE
Meeting Minutes
March 14, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Kathy Hougardy, Acting Chair; Dennis Robertson, Thomas McLeod
Staff: David Cline, Jack Pace, Nora Gierloff, Rick Still, Charlotte Archer, Laurel
Humphrey
CALL TO ORDER: Acting Chair Hougardy called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. South King Housing and Homelessness Partnership's 2017 Annual Report
The presenter was not in attendance.
B. Grant Application: 10 -Minute Walk Planning Efforts
Staff is seeking Committee approval to submit the 10 -Minute Walk Planning Grant and Technical
Assistance Application to the National Recreation and Park Association (NRPA) for funding and
assistance to help the community meet its park needs. The 10 -minute walk pledge was signed
by the Mayor in February and endorses a vision that everyone deserves a park or open space
within a 10 -minute walk of home. If selected, Tukwila would be eligible for funding and technical
assistance to identify issues and additional locations toward achieving open space equity for
residents. Grant funding would require no City match and there would be minimal impactto staff
time as funding would support additional labor. UNANIMOUS APPROVAL.
C. Ordinance: Accessory Dwelling Units (ADUs)
Staff is seeking Council approval of an ordinance that would amend Accessory Dwelling Unit
(ADU) regulations to allow more flexibility and encourage development in an effort to create
more housing options and address safety issues in illegal ADUs. In March 2017 the City Council
gave staff direction to prioritize this update and provide an amnesty period for existing units.
Staff embarked on a public outreach and feedback campaign that generated 165 survey
responses reflecting majority support to change all current ADU standards. The proposed
ordinance reflects policy choices for both attached and detached ADUs approved by the Planning
Commission last month. There are several significant policy decisions in the proposal as
summarized in the memo, including structure size, minimum lot size, owner occupancy, design
standards, setbacks, and more. Councilmembers asked clarifying questions and offered
suggestions. Councilmember Hougardy stated that she would like the maximize size to be 800 sf
for both attached and detached ADUs. Councilmember Robertson agrees that owner occupancy
should be required. He also requested the addition of two recitals:
59
Community Development & Neighborhoods Minutes March 13, 2018
• Whereas, the City wishes to provide more affordable housing for its residents; and
• Whereas, the City wishes to minimize impact on surrounding single family homes
by limiting ADUs and DADUs to one per lot and requiring documented homeowner
occupancy of at least one of the units 100% of the time; and
Councilmember Hougardy noted that she has been researching the impact of ADUs on
affordable housing and there are differences of opinion. She suggested it would be helpful to
contact an organization like A Regional Coalition for Housing (ARCH) to see if their policy efforts
toward increasing ADUs are quantifiably helpful with increasing affordable housing stock. Staff
offered that providing smaller units can naturally alleviate some housing pressure. All three
Councilmembers expressed concern with getting the parking requirement right. Staffsuggested
that one solution could be to link parking requirements to number of bedrooms rather than
square footage, as that may more accurately reflect occupancy. Councilmember McLeod stated
that would make sense for Tukwila. Councilmember Robertson requested the addition of a
specific size limit to the waiver request for maximum permitted area for all ADUs. Staff noted
that with regard to waivers it is important to incentivize compliance with regulations, or people
could continue to provide illegal ADUs and life safety concerns of the City will continue to go
unaddressed.
The Committee requested the following for the Committee of the Whole discussion:
• Amend to link parking requirements to number of bedrooms rather than square
footage
• Add pages illustrating lot sizes with varying examples of ADUs
• Remove the parking waiver option
• Flag the maximum square footage for a discussion item
• Include in the COW packet the table showing other cities' regulations
NO RECOMMENDATION. FORWARD TO APRIL 9, 2018 COMMITTEE OF THE WHOLE.
D. Short -Term Rental Regulations
Staff is seeking Committee direction on whether to prohibit or regulate short-term rentals for
ADUs and single-family dwellings. The code currently prohibits short-term (less than 30 days)
rentals in multi -family dwellings but is silent on single-family and mobile -home dwellings.
Dormitories, boarding houses, and bed and breakfast facilities are also unrestricted for short and
long-term rentals. Due to the growth of such companies as Airbnb and Vacation Rental by Owner,
many cities are working to implement regulations in this area, with Seattle and Kirkland taking
action at the end of 2017. Short-term rentals are already occurring, even in multi -family
dwellings, with a December 28, 2017 online search revealing around 35 listings for Tukwila. If the
City Council were to allow short-term rentals, property owners would be licensed through the
Rental Housing Program which would provide a modest revenue increase, although there would
be additional work associated with enforcement. Councilmember Robertson spoke about a
short-term rental on his block that was advertised on Airbnb and made his neighbors very
unhappy due to bringing more strangers and vehicles around. Councilmember McLeod spoke in
60
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
04/09/18
NG
ITEM INFORMATION
ITEM No.
5.B.
STAFF SPONSOR: NORA GIERLOFF
ORIGINAL AGENDA DATE: 04/09/ 18
AGENDA ITEM TITLE
Update to Short Term Rental Regulations
4/9/18
❑
Mtg
Motion
Date
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY /1 Discussion
Mtg Date
SPONSOR Council ❑Mayor
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❑HR ►1
SPONSOR'S A review of Tukwila's short term (less than 30 day) rental housing regulations for
SUMMARY accessory dwelling units, single family houses, multi -family units, and boarding houses.
Council consensus is requested to choose 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.
REVIEWED BY ❑ C.O.W. Mtg.
❑ Trans &Infrastructure
DA1E: 3/13/18
A
CDN Comm
❑ Finance Comm. 1 1 Public Safety Comm.
❑ Parks Comm. ❑ Planning Comm.
COMMIT"1r.E CHAIR: KRULLER
❑ Arts Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMII'1'EE
Department of Community Development
No Recommendation, Forward to Full Council
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
4/9/18
Informational Memorandum dated 3/6/18 with attachments, updated 3/23/18 after CDN
Minutes from the Community Development and Neighborhoods Committee of 3/13/18
C4
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 23, 2018
SUBJECT: Short-term Rental Regulations (Updated after CDN Committee)
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. Existing Regulations for Short and Lona -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.
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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 Tess 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 Requirements 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.
3 See RCW 36.70.990.
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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. Advantaaes 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 can bring -numerous, benefits to those who operate
them, their visitors, and the surrounding neighborhood. ""^r, ind1 :duels Some homeowners use
short-term rentals to help afford the cost of their own home, oitherincluding renting out a
b cer^ent a -pare room; or the entire home . , .. , , t,", ^r_ T. - Kent,
for example, adopted regulations to allow the rental of ADUs "Riomake homeownership more
affordable because it will be easier to buy both new and existing homes with the help of an
accessory dwelling unit."4 SeaTac likewise currently permits the use of ADUs for rent to "increase
opportunities for home ownership and allow older homeowners to remain in their homes and
obtain extra income. companionship. and security."5 Some iurisdictions_find that ADUs may
increase the supply of affordable rental units and may provide a variety in affordable rental units.
Additionally, short-term rentals may provide a f exib!e mens for her &owners to earn more menet'
than, by renting cNt their pr: pertygreater return on investment for homeowners looking to rent, as
short-term rental rates often outpace rates for rentals on a long-term basis. _For visitors, short-
term rentals often offer a r' ^fer-l^b!e cp+°c^, cr:d short rert3! may cost less than
4 Kent Citv Code § 18.08.350(3).
5 SeaTac Municipal Code § 15.465.100(A)(4).
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INFORMATIONAL MEMO
Page 4
traditional hotels or motels. which in turn provides a means to bring tourists and their =v:
spending power to Tukwila.
B. Disadvantages of Permitting Short -Term Rentals.
TheSome jurisdictions have recently studied the rise in the use of rental properties as short-term
rentals has also hadand the negative impacts +r such rentals have had to communities throughout
Washington. ShoFtFor example. Seattle recently studied the impact short-term rentals can
ccst had on affordable housing within the City, and found that the more
commercial use of short-term rental platforms hoc tc kcr entire (by commercial operators, rather
than traditional single-family homeowners) has resulted in the removal of houses, condos and
apartments offrom the Tong -term housing market. Scmc short term rentals See Attachment C.
The significant impact of short-term rentals on affordable housing availability was also the subiect
of a Harvard Law and Policy Review article. which concluded
So lona 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.6
In addition. some iurisdictions have found that some short-term rentals can attract disruptive
visitors ,._he 2. re essen+is!!y vacationing visitors to residential areas, and can which may
have a negative impact on property values. A study commissioned by the hotel industry indicated
some short-term rentals may have negative impacts on N cperty __ai ,ems Same stud.ics hove
.rdicc tc`1 somo commercialized short term , crtsis impact the hotel/motel industry and.' Short-
term commercial rentals are likely subiect to the to City's business ccmrri'_:rty, bylicensure
and tax requirements. but do not pay thereby circumventing traditional lodging taxes. ShortThere
is also some evidence in the aforementioned studies that short-term rentals may also contribute
to creating a transient community, and +ncreasccreate an increased parking demand in residential
areas.
Some of these negative effects may be mitigated by placing restrictions on commercial short-term
rental operators, or 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
6 Full article available at http://harvardlor.com/wo-content/uploads/2016/02/10.1 10 Lee.pdf.
Full article available at htto://www.cbrehotels.com/EN/Research/Pa:?es/An-Analvsis-of-Airbnb-in-the-United-
States. a spx.
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INFORMATIONAL MEMO
Page 5
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.
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
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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
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INFORMATIONAL MEMO
Page 7
ATTACHMENT B
Neighboring Jurisdictions' Regulation of Short -Term Rentals
Jurisdiction
Single -Family
Residences
ADUs
(Detached or
Attached)
Multi -Family
Residences
Licensure
Requirements
(if any)
Relevant Code
Citations
Tacoma
Permitted: (1)
Permitted, up
May rent 3-9
Must obtain a
TMC 13.06.575 —
may rent the
to 4 people in
guest rooms.
Business
Short Term
entire dwelling
all Residential,
after
License; must
Rentals: TMC
to one family or
Commercial.
receiving an
obtain a
13.06.150.C.7 —
a Group of up to
Mixed -Use,
approved
Transient
Short Term
6 people in all
and Downtown
Conditional
Accommodation
Rental in ADUs;
Residential,
Districts
Use Permit
License if
TMC 6B.20 —
Commercial,
Mixed -Use, and
(CUP), in R-
renting 3 or
Annual Business
3, R -4L, R-4,
more rooms.
License: TMC
Downtown
R-5, RCX,
66.140 —
Districts: (2)
and NRX
Transient
may rent 1-2
Districts
Accommodations
quest rooms
(these are
within an owner-
generally
occupied
residential
dwelling in all
districts that
Residential
allow duplex,
Districts,
triplex, and
including single-
multifamily
family districts.
dwellings).
SeaTac
No prohibition,
Permitted,
No
prohibition.
N/A
SMC Ch. 15.465
no regulation
owner-
occupancy
no regulation
requirement
and maximum
occupancy
restrictions
(based on
size)
Renton
No prohibition,
Permitted, with
RMC 4 -2 -
no regulation
conditional use
080(A)(7)
;permit and
owner -
occupancy
Kent
"Dwelling unit"
Permitted,
No
prohibition,
Business
KCC 15.02.130;
defined to imply
owner-
occupancy
License
KCC Ch. 5.14
rental of entire
no regulation
Required
unit can be on a
requirement
weekly,
for six months
monthly, or
every calendar
longer basis
year.
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INFORMATIONAL MEMO
Page 8
Puyallup
Bed and
Permitted,
PMC 20.20.015:
Breakfast
owner-
PMC
House
occupancy
20.20.010(11)
permitted,
requirement
subiect to owner
occupancy and
occupant cap
with conditional
use permit)
Sumner
Presumably
Permitted,
No
prohibition
N/A
SJC 18.04.0940:
permitted (no
owner-
SMC 18.10.030
express
occupancy
prohibition,
requirement
although
and maximum
restriction that
occupancy
dwelling shall
restrictions
be used for "one
(based on
family")
size)
Bothell
Bed and
Permitted,
BMC 12.06.110
Breakfast
owner -
occupancy (for
facilities
permitted in
6 months)
most zones,
required and
capped at four
cap on
bedrooms and
occupancy
subiect to
parking
restrictions and
owner -
occupancy
Poulsbo
Permitted
Prohibited
Prohibited
None
PMC 18.70.070
San Juan
County
Permitted, no
more than 38
guests per
bedroom;
parking required
Permitted
(attached
only), max 3
guests per
bedroom;
parking
required;
owner must
occupy ADU
or primary
residence
Permitted in
Commercial
zone only
"Vacation
Rental Permit"
required
SJCC 18.40.270
8 San Juan County Council is currently considering legislation to reduce this to two guests per bedroom.
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INFORMATIONAL MEMO
Page 9
Clyde Hill
I Iwaco
Permitted, with
limits on
occupancy,
parking, and
use (for lodging
only, can't be
used for events)
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.
Permitted,
with limits on
occupancy,
parking, and
use (for
lodging only,
can't be
used for
events)
Business
License
Required
Ch. 5.20 CHMC
Permitted use
in certain
specified
zones
Leavenworth
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
Westport
Permitted,
subject to
occupancy cap,
parking and
other standards
Permitted
use in
certain
zones
Business
License
Required
Ch. 15.41 IMC
Permitted,
subject to
owner -
occupancy
requirement
and permitting
Prohibited
Business
License
Required
LMC 18.52.120
Permitted, but
only 1
vacation rental
unit per
"property"
Prohibited
Business
License
Required
Ch. 17.22 WMC
71
72
73
;• 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
75
0
Any strategy the City
can pursue to put more
units into the long
term market is worth
examination.
4
76
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 1 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 by Airbnb's Public Policy Team as positive examples for
Seattle to explore.
5
77
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
78
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
79
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
1
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
81
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
82
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
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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
Community Development& Neighborhoods Minutes March 13, 2018
• Whereas, the City wishes to provide more affordable housing for its residents; and
• Whereas, the City wishes to minimize impact on surrounding single family homes
by limiting ADUs and DADUs to one per lot and requiring documented homeowner
occupancy of at least one of the units 100% of the time; and
Councilmember Hougardy noted that she has been researching the impact of ADUs on
affordable housing and there are differences of opinion. She suggested it would be helpful to
contact an organization like A Regional Coalition for Housing (ARCH) to see if their policy efforts
toward increasing ADUs are quantifiably helpful with increasing affordable housing stock. Staff
offered that providing smaller units can naturally alleviate some housing pressure. All three
Councilmembers expressed concern with getting the parking requirement right. Staff suggested
that one solution could be to link parking requirements to number of bedrooms rather than
square footage, as that may more accurately reflect occupancy. Councilmember McLeod stated
that would make sense for Tukwila. Councilmember Robertson requested the addition of a
specific size limit to the waiver request for maximum permitted area for all ADUs. Staff noted
that with regard to waivers it is important to incentivize compliance with regulations, or people
could continue to provide illegal ADUs and life safety concerns of the City will continue to go
unaddressed.
The Committee requested the following for the Committee of the Whole discussion:
• Amend to link parking requirements to number of bedrooms rather than square
footage
• Add pages illustrating lot sizes with varying examples of ADUs
• Remove the parking waiver option
• Flag the maximum square footage for a discussion item
• Include in the COW packet the table showing other cities' regulations
NO RECOMMENDATION. FORWARD TO APRIL 9, 2018 COMMITTEE OF THE WHOLE.
D. Short -Term Rental Regulations
Staff is seeking Committee direction on whether to prohibit or regulate short-term rentals for
ADUs and single-family dwellings. The code currently prohibits short-term (less than 30 days)
rentals in multi -family dwellings but is silent on single-family and mobile -home dwellings.
Dormitories, boarding houses, and bed and breakfast facilities are also unrestricted for short and
long-term rentals. Due to the growth of such companies as Airbnb and Vacation Rental by Owner,
many cities are working to implement regulations in this area, with Seattle and Kirkland taking
action at the end of 2017. Short-term rentals are already occurring, even in multi -family
dwellings, with a December 28, 2017 online search revealing around 35 listings for Tukwila. If the
City Council were to allow short-term rentals, property owners would be licensed through the
Rental Housing Program which would provide a modest revenue increase, although there would
be additional work associated with enforcement. Councilmember Robertson spoke about a
short-term rental on his block that was advertised on Airbnb and made his neighbors very
unhappy due to bringing more strangers and vehicles around. Councilmember McLeod spoke in
85
Community Development & Neighborhoods Minutes March 13, 2018
favor of allowing short-term rentals with appropriate regulations. Councilmembers Hougardy
and Robertson spoke in favor of prohibition due to neighborhood impacts and the loss of ADUs
for longer term housing relief. The Committee requested that this policy discussion be brought
to the full Council prior to staff drafting an ordinance for the Planning Commission. They also
requested information on other short-term rental regulations in South King County, if any exist.
TO APRIL 9, 2018 COMMITTEE OF THE WHOLE.
II. MISCELLANEOUS
Staff asked if the Committee had any questions on the South King Housing and Homelessness
Partnership's 2017 Annual Report. Councilmember Hougardy noted that the 3 -year program is
coming to an end and asked if there are next steps. Human Services staff noted that the program is
in flux due to a staffing change. Councilmember Hougardy stated that the SKHHP seems to have
focused on homelessness and shelters, but the larger issue of housing diversity and affordability
should also have a regional approach, such as ARCH in East King County. Staff mentioned that the
Mayor meets with other South King County Mayors to talk about regional coordination around
homelessness and poverty, and that collaboration is key for suburban cities who have to compete
for resources. The area's Human Services providers also share a collaborative approach regarding
strategies and funding.
Adjourned 7:34 p.m.
Committee Chair Approval
Minutes by LH
86
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
04/09/18
HH il`!
C.t'
Le
04/16/18
HH
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
A1tg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ Pe7R ❑ Police
/1 PW
SPONSOR'S The original Interlocal No. 15-115 allowed Valley View Sewer District to provide sewer
SUMMARY service in the Loop Area. This amended Interlocal will add the Crystal Springs
neighborhood, revises the construction timeline for 42nd Ave S Phase III construction, and
requires that if Valley View Sewer District does not install sewers by 1/1/21, the City will
be reimbursed for costs incurred. Council is being asked to approve the amended Interlocal
Agreement with Valley View Sewer District.
RI.VIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm.
DATE: 03/26/18 COMMITTEE CHAIR: THOMAS
/1 Transportation
ITEM INFORMATION
ITEM No.
5.C.
STAFF SPONSOR: HENRY HASH
ORIGINAL AGENDA DATE: 04/09/18
AGENDA ITF.M Tvi'ii Valley View West Hill Sewer Transfer Area
Amended Interlocal Agreement with Valley View Sewer District
CATI:GORY /1 Discussion
04/09/18
►1
Motion
Date 04/16/18
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg Date
A1tg
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ Pe7R ❑ Police
/1 PW
SPONSOR'S The original Interlocal No. 15-115 allowed Valley View Sewer District to provide sewer
SUMMARY service in the Loop Area. This amended Interlocal will add the Crystal Springs
neighborhood, revises the construction timeline for 42nd Ave S Phase III construction, and
requires that if Valley View Sewer District does not install sewers by 1/1/21, the City will
be reimbursed for costs incurred. Council is being asked to approve the amended Interlocal
Agreement with Valley View Sewer District.
RI.VIEWED BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm.
DATE: 03/26/18 COMMITTEE CHAIR: THOMAS
/1 Transportation
Cmte
❑ Planning Comm.
MCLEOD
RECOMMENDATIONS:
SPONsoR/ADMIN.
COMMI'1TEE
Public Works Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPFNDI'1'URI. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
04/09/18
04/16/18
MTG. DATE
ATTACHMENTS
04/09/18
Informational Memorandum dated 03/23/18
Amended Interlocal Agreement with Valley View Sewer District
Minutes from the Transportation & Infrastructure Committee meeting of 03/26/18
88
City of Tukwila
Allan Ekberg, Mayor
Public Works Department Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director
BY: Mike Cusick, Senior Program Manager
CC: Mayor Ekberg
DATE: March 23, 2018
SUBJECT: Valley View West Hill Sewer Transfer Area
Project No. 81240203
Amended Interlocal Agreement for Valley View Sewer to Provide Sewer to the Loop
ISSUE
Approve the Amended Interlocal Agreement between the City of Tukwila and Valley View Sewer District
to provide sanitary sewer service to the Loop and Crystal Springs area of Tukwila.
BACKGROUND
In May of 2015, the Tukwila City Council approved an Interlocal Agreement to allow Valley View Sewer
District to provide sanitary sewer service to the Loop area of the City of Tukwila. Valley View Sewer
District held an Open House on September 10, 2015 to share preliminary project and cost details with
residents of the area regarding the installation of sewers. After that September meeting, citizens
contacted the City about their concerns and Valley View presented the same preliminary project and
cost details to the Tukwila City Council at the October 12, 2015 Council meeting. Valley View Sewer
District committed to keeping the City Council informed when additional information about project
funding became available.
DISCUSSION
The Amended Agreement:
1) Adds the Crystal Springs neighborhood to the portion of the City covered by the agreement.
2) Revises the time period that the City of Tukwila must complete the installation of manholes and
piping in 42nd Avenue South that supports the installation of the sewers in the Loop area.
3) Requires that if Valley View Sewer District does not complete the installation of sewers in the
area covered by the agreement by January 1, 2021, the City will complete the installation of
sewers and the District will reimburse the City for costs it incurred to complete the project.
FISCAL IMPACT
There will be fiscal impact to the City if Valley View Sewer District does not complete the installation of
the sewers prior to January 1, 2021 in the Loop and Crystal Springs. If the City has to complete the
installation of the sewers at its discretion, Valley View will have to reimburse the City for their costs it
incurred to complete the project.
RECOMMENDATION
Council is being asked to approve the Amended Interlocal Agreement between the City of Tukwila and
Valley View Sewer District allowing Valley View Sewer District to provide sanitary sewer service to the
Loop and Crystal Springs area in the City and consider this item at the April 9, 2018 Committee of the
Whole Meeting and subsequent April 16, 2018 Regular Meeting.
Attachments Amended Valley View Sewer District Interlocal Agreement
W:\PW Eng \PROJECTS\A- SW Projects\Valley View Loop Area Sewers\Info Memo W Loop Area Sewer 032318 gi docx
89
90
VALLEY VIEW SEWER DISTRICT AND CITY OF TUKWILA
AMENDED SEWER SERVICE AGREEMENT
THIS AMENDED SEWER SERVICE AGREEMENT ("Agreement") is made and
entered into by and between VALLEY VIEW SEWER DISTRICT, King County, Washington
("District") and the CITY OF TUKWILA, Washington ("City"), each a Washington municipal
corporation (collectively the "Parties" and individually a "Party").
RECITALS
A. The City, a non -charter code city operating under Title 35A RCW, and the
District, a sewer district operating under Title 57 RCW, both own and operate sewer collection
systems within their respective sewer service areas.
B. Pursuant to RCW 35A.11.040, RCW 35.67.300, RCW 57.08.005(12), and
Chapter 39.34 RCW, the Parties are authorized to cooperate with each other to provide sewer
services in a manner that will best satisfy the geographic, planning, economic, financing and
development interests of the Parties.
C. An area of the City bounded generally by South 160th Street, 42nd Avenue South,
State Route 518, and 51st Avenue South, and commonly referred to as the loop area ("Loop
Area"), currently is not served by a public sewer system. The Loop Area is not within the
boundaries of the District.
D. Pursuant to RCW 57.08.005(5), the District is authorized to acquire, construct,
maintain and operate sewer systems, both within the District and outside the District. Pursuant to
this authority, the District has adopted a comprehensive plan that includes most of the Loop Area
within its sewer service area.
E. The City is constructing a street project on 42nd Avenue South, in the vicinity of
the Loop Area. In conjunction with this street project, the District is designing and planning an
eight -inch sewer pipe and manholes, together with appurtenances, at approximately 42nd Avenue
South and State Route 518 ("District Project"). The District Project, combined with extensions
and facilities, would provide sewer service to the Loop Area. In contrast, the nearest City
manhole to the Loop Area is approximately 2,000 feet east of the Loop Area.
F. The Loop Area is within the City's current Sewer Comprehensive Plan. However,
construction of a sewer system in the Loop Area is a low priority for the City, as the native soils
in the Loop Area are sufficient to infiltrate wastewater for a majority of the on-site sewer
systems in the Loop Area. The City anticipates that several large lots within the Loop Area will
be developed in the near future, before the City would be able to construct a sewer system in the
Loop Area.
616407.2 - 089539 -0193 -1-
91
G. The District is willing to construct and install the District Project, and to
investigate and plan for sewer service to the Loop Area, as long as the City supports the
construction and installation of the District Project, authorizes the District to provide and control
sewer service to the Loop Area, and authorizes the property owners who connect to the sewer
system to become District customers. The City is willing to allow the District to construct, install
and plan for a sewer system to serve the Loop Area, in order to facilitate development of the
Loop Area and to eliminate on-site sewer systems, as necessary.
H. In June of 2015, the City and the District entered into the original Sewer Service
Agreement, #15-115 providing approval for the District to construct its proposed sewer system to
serve the Loop Area, which the Sewer Service Agreement was dated effective June 22, 2015.
Since that time, the City and the District have identified additional property within the Loop
Area that would also benefit from the District's construction of a sewer system in order to
facilitate development and the City and the District desire to amend the original Sewer Service
Agreement dated June 22, 2015 to authorize the District to construct a sewer system and provide
sewer service within the extended area.
I. The original area authorized to be served by the District is legally described in
Exhibit A-1 and depicted in Exhibit B-1. The extended area authorized to be served by the
District pursuant to this amended Agreement is legally described in Exhibit A-2 and depicted in
Exhibit B-2.
J. The Parties desire to set forth in this amended Agreement both the original and
amended terms and conditions relating to the District's authority to construct a sewer system to
serve the Loop Area. The Parties intend that this amended Agreement shall supersede and
replace the Sewer Service Agreement dated June 22, 2015 upon its approval and full execution
by the Parties.
AGREEMENT
In furtherance of the foregoing and in consideration of the following terms and
conditions, the District and the City agree as follows:
1. District Construction of Sanitary Sewer Facilities. The District shall design and
construct a sanitary sewer pipe and manholes, together with appurtenances ("District Project"),
in conjunction with the City street project for 42nd Avenue South ("City Project"). The City will
process any permits and approvals for the District Project in a timely manner. In the event the
District fails to complete the installation of the sewer system in the Loop Area by January 1,
2021, the City shall in its sole discretion be authorized to construct the sewer system in order to
facilitate the provision of sewer service to the Loop Area and to seek reimbursement from the
District for the costs incurred by the City in accordance with the terms provided in this
Agreement. In the event the City constructs and completes the sewer system within the Loop
Area, the District and the City shall enter into a reimbursement agreement pursuant to which the
District will impose and collect for the benefit of the City an appropriate local facility connection
616407.2 - 089539 -0193 -2-
92
charge from each property owner or customer seeking to connect to the District's sewer system
within the Loop Area. The local facility connection charge will include interest charges applied
from the date construction of the sewer system within the Loop Area is complete until the
connection, or for a period not to exceed ten (10) years, whichever is shorter. The interest rate
shall be commensurate with the rate of interest applicable to the City at the time of construction
but shall not exceed LThree 1 percent (3%) per annum. The amount of the local facility
connection charge to be imposed for the benefit of the City shall be based on the City's actual
expenses incurred in constructing the sewer system, excluding any portion of the sewer facilities
paid for by grants or other donated facilities, so that property owners and customers seeking to
connect to the District's sewer system shall pay for their equitable share of the cost of the sewer
system within the Loop Area. Any sewer facilities constructed by the City within the Loop Area
shall be deemed to be District property upon final acceptance of the sewer facilities by the City
and the City shall provide the District with a bill of sale to evidence the District's ownership of
such sewer facilities.
2. Designation of and Provider for Sewer Service Area. The District Project will
allow for eventual sewer service to the area of land within the City described on Exhibits A-1
and A-2 and depicted in Exhibits B-1 and B-2 ("Loop Area"). Upon full execution of this
Agreement, the District shall become the approved provider of sewer service for the Loop Area.
3. District as Sewer Service Provider. Upon becoming the approved provider of
sewer service for the Loop Area, the District shall have the sole responsibility, power and
authority to construct, condemn, purchase, acquire, maintain and operate the sewer system,
together with any additions, extensions and betterments thereto, except as otherwise provided for
in this Agreement. The District further shall have the sole responsibility, power and authority to
fix, alter, regulate and control the charges and rates. Any District work in the City streets or
right-of-way shall be subject to City ordinances, rules and regulations. After the District has
become the provider of sewer service, property owners who connect to the sewer system shall be
District customers, and shall be subject to all District laws and regulations.
4. Sewer Connection Ordinance. Upon request of the District, the City shall present
to the Tukwila City Council an ordinance that requires the owners of property and buildings in
the Loop Area to connect to the District's sewer system and to pay the District's sewer
connection charges, in accordance with terms and conditions that are similar to Tukwila
Ordinance No. 2007 at Exhibit C but that are established by the District.
5. Effective Date. Upon full execution of this amended Agreement, the Agreement
shall supersede and replace the original Sewer Service Agreement dated June 22, 2015. The
effective date of this amended Agreement shall be retroactive to June 22, 2015, the effective date
of the original Sewer Service Agreement.
6. Amendment of Laws and Plans. As soon as reasonably possible following the
District's becoming the sewer service provider for the Loop Area, the Parties shall amend their
respective plans, ordinances, and resolutions that relate to the ownership, operation and
maintenance of a sewer system in and sewer service for the Loop Area. The City shall support
616407.2 - 089539 -0193
-3-
93
and approve any amendments to the District's comprehensive plan for the Loop Area.
7. Cooperation. The Parties shall cooperate with each other with regard to the
District's issuance of permits and approvals for and contracts relating to construction of
extensions and connections to the District's sanitary sewer system in the Loop Area, and the
City's issuance of permits and approvals for development of property and construction of
buildings and structures in the Loop Area.
8. District ULID's and District Annexation. The Parties acknowledge that the
construction of the sewer system, or any portion thereof, for the Loop Area may involve the
creation of a District utility local improvement district, and that the District lacks authority to
form a utility local improvement district outside of its territory or boundaries. The City shall
support any District proposed annexation of the Loop Area, or any portion thereof. Upon
District annexation of the Loop Area, or portion thereof, the City shall support the District's
formation of a utility local improvement district in the annexed area.
9. Dispute Resolution. The Parties shall first attempt to resolve any dispute arising
under the Agreement by discussions among a City representative or representatives selected by
the Mayor and a District representative or representatives selected by the President of the Board
of Commissioners. If the discussions are not successful, the Parties shall engage in mediation
within forty-five (45) days of termination of discussions, according to a process and before a
mediator agreed upon by the Parties. The Parties shall not resolve a dispute by mandatory
arbitration. The Parties reserve their rights to pursue any available Court remedies at any time
after the conclusion of the mediation.
10. Records review. Upon three (3) business days' notice, or upon notice agreed
upon by the Parties, a Party shall have the right to inspect and copy, without charge, all records
of the other Party relating to this Agreement or its subjects.
11. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officers, officials, employees
and volunteers, from any and all claims, injuries, damages, losses or suits, including attorney
fees, arising out of or resulting from any negligent acts, errors, omissions of the indemnifying
Party and its officers, officials, employees and volunteers in performing obligations under this
Agreement. However, if any such injuries and damages to persons or property are caused by or
result from the concurrent negligence of the District or its officers, officials, employees and
volunteers, and the City or its officers, officials, employees and volunteers, each Party's
obligation hereunder applies only to the extent of the negligence of such Party or its officers,
officials, employees or volunteers.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of each
Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity
of claims made by the indemnitor's employees. This waiver has been mutually negotiated.
616407.2 - 089539 -0193 -4-
94
This Section 11 shall survive the termination of this Agreement.
12. Notices. All notices and other communications under this Agreement shall be in
writing by regular U.S. mail or certified mail, return receipt requested.
If to the City, the notice shall be sent to:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188-2544
Attention: Public Works Director
or to such other person or place as the City shall furnish to the District in writing. If to the
District, the notice shall be sent to:
Valley View Sewer District
3460 S. 148t1' Street, Suite 100
Seattle, WA 98168
Attention: Manager
or to such other person or place as the District shall furnish to the City in writing. Notices shall
be deemed given upon delivery or, if mailed, upon the earlier of actual receipt or three (3)
business days after the date of mailing.
13. Waiver. Waiver of any default shall not be deemed to be a waiver of any
subsequent default. Waiver of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other or subsequent breach and shall not be construed to be a modification
of the terms of this Agreement, unless stated to be such through written approval of the non -
breaching Party and attachment of such written approval to this Agreement.
14. Severability. If any section or part of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, such action shall not affect the validity or
enforceability of any other section or part of this Agreement, and the Parties agree to work in
good faith to reform this Agreement to conform it to the Parties original intent.
15. Agreement Administration. The Parties do not by this Agreement create any
separate legal or administrative entity. The City's Mayor, or designee, and the District's
Manager, or designee, shall be responsible for the administration of this Agreement. The Parties
do not intend to jointly own any real or personal property as part of this undertaking. The Parties
will work cooperatively together to further the intent and purpose of this Agreement. Pursuant to
RCW 39.34.040, the City shall list this Agreement on the City's website.
16. Entire Agreement: Exhibits: Amendment. This Agreement contains the entire
written agreement of the Parties and supersedes all prior discussions. The recitals and the
Exhibits attached hereto are incorporated into this Agreement as though fully set forth herein.
616407.2 - 089539 -0193
-5-
95
This Agreement may be amended only in writing, signed by both Parties.
17. Successors. All of the provisions, conditions, regulations and requirements of this
Agreement shall be binding upon the successors and assigns of the Parties.
18. No Third Party Rights. This Agreement is solely for the benefit of the Parties and
gives no right to any other party or person.
19. No Joint Venture. No joint venture or partnership is formed as a result of this
Agreement. No employees or agents of one Party or any of its contractors or subcontractors
shall be deemed, or represent themselves to be, employees of the other Party.
20. Jurisdiction and Venue. This Agreement shall be interpreted in accordance with
the laws of the State of Washington. The Superior Court of King County, Washington, shall
have exclusive jurisdiction and venue over any legal action arising under this Agreement.
21. Prevailing Party Costs. If either Party incurs attorney fees, costs or other legal
expenses to enforce the provisions of this Agreement against the other Party, all such fees, costs
and expenses shall be recoverable by the prevailing Party.
22. Counterparts. This Agreement may be signed in counterparts and, if so signed,
shall be deemed one integrated agreement.
23. Further Documents. The Mayor and the President of the Board of
Commissioners, or their designees, are authorized to execute or furnish such documents as may
be necessary to implement and consummate this Agreement and the actions, duties or
responsibilities of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their authorized representatives.
CITY OF TUKWILA
Mayor
Date:
Attested to:
VALLEY VIEW _ EWER DISTRICT
Bo.. Presid t
Date: 3/. ,([�-,�
l l
Attend to:
/7)
City Clerk Secretary Board of Commissioners
616407.2 - 089539 -0193 -6-
96
Approved as to form:
Approved as to form: �(
City Attorney Eric C. Frimodt, District Attorney
616407.2 - 089539 -0193 -7-
97
98
Exhibit A-1
Valley View Sewer District
Tukwila Loop Boundary Description
That portion of the Southeast Quarter of Section 22, Township 23 North, Range 4 East, W.M.
lying southwesterly of the southwesterly margin of State Route No. 518, as shown on Sheet 7
and 8 of approved Washington State Department of Transportation Right of Way plans for State
Route No. 518, Mile Post 0.39 to Mile Post 3.10, Riverton Heights, State Route No. 509 to State
Route No. 5, approved March 6, 1969.
Except the East half of the Southeast Quarter of the Southeast Quarter of said Section 22.
And Except Lot 64, Plat of Sunnydale Gardens Division No. 1, recorded in Volume 25 of Plats,
Page 50, records of King County, Washington;
And Except that portion of the South half of said Southeast Quarter of said Section 22 lying west
of Lot 34 of said plat, and it's southerly extension to the south line of South 158th Street;
And Except Lots 107 through 109 in said plat of Sunnydale Gardens Division No. 1;
And Except the North Half of South 160th Street;
Together with that portion of Lot 106, of said plat, lying south of said southwesterly margin of
said State Route No. 518.
Situate in the City of Tukwila, County of King, State of Washington.
t 2 i 2"/ 7
99
Exhibit A-2
Valley View Sewer District
Tukwila Loop Boundary Description
That portion of the Southeast Quarter of the Southeast Quarter of Section 22, Township 23
North, Range 4 East, W.M. and the Southwest Quarter and the Southwest Quarter of the
Southwest Quarter of Section 23, Township 23 North, Range 4 East, W.M. lying south of the
southerly margin of State Route No. 518, as shown on the approved Washington State
Department of Transportation Right of Way plans for State Route No. 518, Mile Post 0.39 to
Mile Post 3.10, Riverton Heights, State Route No. 509 to State Route No. 5, approved March 6,
1969, More particularly described as follows:
Beginning at a point on the east line of the Southeast Quarter of said Section 22, said point
being 30 feet northerly of the southeast corner of said section;
Thence westerly parallel with the south line of said section to the west line of the east half of the
Southeast Quarter of the Southeast Quarter of said Section 22;
Thence northerly along said west line to the southerly margin of said State Route No. 518;
Thence southeasterly along said southerly margin to the west line of the Southwest Quarter of
said Section 23;
Thence continuing southeasterly, northeasterly, southeasterly and southerly along said margin
to the south line of Lot 10, Brookvale Garden Tracts, as recorded in Volume 10 of Plats, page
47, records of King County Washington;
Thence westerly along said south line and its westerly extension the west margin of 53rd Avenue
South.;
Thence south along said westerly margin to a line 30' north and parallel with the south line of
the Southwest Quarter of said Section 23;
Thence westerly along said line to the west line of the Southwest Quarter of said Section 23 and
the Point of Beginning.
Situate in the City of Tukwila, County of King, State of Washington.
Mar 6, 2018
100
Legend
• Manhole
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IMLaois Annexation Boundary
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Exhibit B-1
Valley View Sewer District
Imo% .m.Nrymmema i• my waft
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Legend
Manhole
Gravity Main
Loap Annexation Boundary
:Msw Proposal /or ILAAmandad Boundary
Wetlands
.,
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Exhibit B-2-__„___.......=1574:::..."=...1..
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EXHIBIT 0
City of Tukwila
Washington
Ordinance No. '-OO7
AN ORDINANCE OF THE CITY COUNCIL OF THE C TIY OF
TUKWILA, WASHINGTON, ESTABLISHING SEWER CONNECTION
REQUIREMENTS FOR THE DUWAMISII AREAS DEFINING
SERVICE AREA BOUNDARIES; PROVIDING FOR SEVERABILITY;
AND ESTABLLSHING AN EFFECTIVE DATE.
WHEREAS, a sewer plan identifying seven reasdentasl and two commercial
areas has been prepared Ninth P. prioribred constnacnon schedule: and
SAS, the Qty of Tukwila has granted the VII We Sewer District the nght
to trn+tail and operate the salutary sewer system for the Duwamuh neighborhood; and
WHEREAS, sewer lines meet Washmgton State Department of Ecology
standards; and
WHEREAS, a Sewer Connection Charge will be paid at the tune of connecting or
before final building pernut approval to the Val Vass Sewer District for new facilities;
NOW, TIMIEFORE, TiiE CITY COUNCIL 1L OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS,
Section 1 Duwaauish Sewer Connection Charges.
liuwamsxts area homes - as spelled out bySection2 of thea ord(y -nec existing on
November 30, 2002 - wall be required to connect to the sewer and pay the
associated connection charges :f any portion of any building as situated within
250 feet of a sanitary sewer lure or Literal. and if'
a) septic or health problems are identified by king County Health Department
that require repair of therepine tusk system, or
b) the home changes owns up, or
c) remodeimg occurs, adding a bathroom or bedroom
Section 2. Service Are.: Boundaries. The Duwamish aervree area is bordered
by the Duwamuh River on the north and the east, East Marginal Way South on the
west; and Innterurban Avenue South on the south, as shown on the map attached to this
ordinance (Exhibit A).
Section 9. Severability. If any section, subsection, paragraph, s en tencc, clause
or phrase of this ordinance or its application to any person or ES Watt= should be held
to be invalid or uncanetttuttons] for any reason by a court of competent Jurisdiction,
such invalidity or warns. Uhltuarelsty 51.11 iaot af..xt the validity or constitutionality c
the remaining port.ons of this ordinance or ate appiva tion to any other person or
utuataon.
Section a, Eg rNve Data Tho ardarucrce or a aserwa any thereof sbatt Cie published
In the official newspaper of tike City and shall take eEect and be in full force five days after
passage and publication es provided by law.
PASSED BY THE CITY COUNCII. OF THE CITY OF TUKWILA,
wAstuNGTON, at a Regular Meeting thereof this -Qua of day of
.2002.
Steven M. Mullet, Mayor
ATTEST/ AUTILENTICA.TED:
ne E Cantu, CMC, City Clerk Filed with the City Clerk' /1/27/1 g
Passed by the City Council49/#
ALP 0VFD AS TO FORMEY Published:
Effective Date
Ordinance Number
fface n+ty Atto
20030213002124.002
27
103
104
Transportation & Infrastructure Committee Minutes March 26, 2018
D. Proposed FEMA Flood Map Update
Staff updated the Committee on FEMA's effort to update and modernize Flood Insurance Rate
Maps (FIRMs) that are used to regulate development with designated Special Flood Hazard Areas
(SFHA). The National Flood Insurance Program (NFIP) floodplain management regulations
mandate flood insurance for structures in SFHAs that carry a mortgage backed by a federally
regulated lender or servicer. The City regulates the NFIP requirements through its permit
process. The primary change to the City of Tukwila FIRMs is that they will contain a designation
for seclusion mapping, where a floodplain that is protected by a non -certified levee will be
designated. The City of Kent hosted an open house in March where staff from the surrounding
cities were available to answer questions. Next is a 90 -day appeal period, and once the update
is complete, each jurisdiction will be notified that the new FIRMs will become effective in six
months. Staff plans to return to Committee with information on the levee certification progress.
DISCUSSION ONLY.
E. Amended Interlocal Agreement: Valley View West Hill Sewer Transfer Area
*Staff is seeking Committee approval to amend the interlocal agreement with Valley View Sewer
District providing sanitary sewer service to the Loop area originally approved by the Council in
May 2015. The amendment would add the Crystal Springs neighborhood, revise the time period
for installation of manholes and piping, and add a provision that if the District does not complete
the sewer installation by January 1, 2021 the City will complete it and the District will reimburse
the costs. UNANIMOUS APPROVAL. FORWARD TO APRIL 9, 2018 COMMITTEE OF THE WHOLE.
F. Strander Boulevard/Southwest 27th Street Extension Phase 3 Proiect Funding
Staff briefed the Committee on the estimated costs and funding of the Strander
Boulevard/Southwest 27th Street Extension Phase 3 Project. The City has received over $4.5
million to design the project, which is almost at 30% completion. Because construction of this
project would require a significant City cost in excess of $7 million, staff is seeking direction on
prioritization of this and other bridge projects. The 42nd Avenue South Street Bridge replacement
project after2020 will also require significant city funding, currently estimated at $6 million. The
City could terminate the Strander project prior to finishing design and return the grant funds.
The City could also terminate the project at the end of design, not proceeding to construction in
2020. This option would allow the City up to 10 years to begin construction before triggering
events where expended grant funds would have to be returned. Committee members asked
clarifying questions, but generally expressed support for continuing through the design process
for this important regional project and pursuing additional funding from grantors. The
Committee felt there are sufficient off -ramps to feel comfortable moving forward. DISCUSSION
ONLY.
G. Grant Applications: Strander Boulevard/Southwest 27th Street Extension Phase 3 Project
Staff is seeking Committee approval to submit multiple grant applications to secure funding for
construction of the Strander Boulevard Extension Phase 3 Project. Funding agencies could
include the Puget Sound Regional Council, Transportation Improvement Board, King County
Metro, Sound Transit, Union Pacific and BNSF Railroads, TIGER, and the City of Renton. In 2016,
the application to PSRC was the highest scoring project not selected for funding, and staff
believes the application is more attractive now due to it being a project of regional significance.
If awarded, the grant would be $4.76 million. If the Committee approves, staff will pursue other
grant opportunities as appropriate. UNANIMOUS APPROVAL.
105
106
Upcoming Meetings & Events
April 2018
9th (Monday)
10th (Tuesday)
11th (Wednesday)
12th (Thursday)
13th (Friday)
14th (Saturday)
➢ Transportation &
Infrastructure
Cmte.,
5:30 PM
(Foster Conference
Room)
D City Council
Committee of
the Whole Mtg.,
7:00 PM
(Council Chambers)
D Community
Development &
Neighborhoods
Cmte.,
5:30 PM
(Ha=elnut
Conference
Room)
➢ Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Valley View
Sewer Dist..
3460 S 148th)
> Park
Commission,
5:30 PM
(Community
Center)
D COPCAB,
6:30 PM
(Duwamish
Conference
Room)
FREE World
Dance Party
Hosted by Action
Tukwila
5:00 - 8:00 PM
Tukwila Village
(14350 Tukwila
International Blvd)
Visit
www.facebook.com/
events for information
and to register.
16th (Monday)
17th (Tuesday)
18th (Wednesday)
19th (Thursday)
20th (Friday)
21st (Saturday)
D Public Safety
Cmte,
5:30 PM
(Ha=elnut
Conference Room)
> City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
D Finance Cmte,
5:30 PM
(Ha=elnut
Conference
Room)
D Arts
Commission,
5:00 PM
(Community
Center)
D Tukwila
Historical
Society,
7:00 PM
(Tukwila
Heritage &
Cultural
Center. 14475
59th Ave S.)
Duwamish Alive!
Work Parties
10:00 AM - 2:00 PM
Duwamish Hill
Preserve
(3800 S. 115'" St.)
and Duwamish
Shoreline
(12770 Gateway
Drive)
visit
www.forterra.org/
events.
January 9 thru April 19: Free income
Tuesday/Thursday:
Visit
tax preparation assistance available at Tukwila Community
5:00 — 8:00 PM, Saturday: 10:00 AM — 2:00 PM
www.uwkc.org/taxhelp or call 2-1-1.
Center
Arts Commission: 3rd Wed., 5:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305.
➢ Civil Service Commission: 1st Mon., 5:00 PM, Human Resources Conf. Room. Contact Michelle Godyn at 206-431-2187.
>Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel
Humphrey at 206-433-8993. (A) An update on the Ryan Hill neighborhood study. (B) A resolution increasing the Change Fund level
for Foster Golf Course. (C) A grant agreement with the King Conservation District for Green Tukwila. (D) A grant agreement with the
National Recreation and Park Association for the 10 -Minute Walk.
> COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room.
Contact Chris Partman at 206-431-2197
➢ Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Mia Navarro at 206-454-7564.
Finance Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993.
>Human Services Advisory Brd: Community Services and Engagement Office. Contact Stacy Hansen at 206-433-7180.
➢ Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Kirstin May at 206-767-2331.
> Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332.
) Planning Commission/Board of Architectural Review: 4' Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens
at 206-431-3670.
>Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conf. Room. Contact Laurel Humphrey at 206-433-8993. (A) 2017
Fire Department Annual Report.
>Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59" Avenue S.
Contact Louise Jones -Brown at 206-244-4478.
>Tukwila Int'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Linton at 206-433-1815.
>Transportation and Infrastructure Committee: 2nd & 4th Mon., 5:30 PM, Foster Conf. Room. Contact Laurel Humphrey at
206-433-8993. (A) Water Reservoir and Pump Station Consultant Agreement. (B) CBD Sanitary Sewer Rehabilitation Design
Consultant Selection and Agreement for 2018-A. (C) CBD Sanitary Sewer Rehabilitation 2018 Construction Management Contract
with RH2. (D) 2018 Annual Small Drainage Program Consultant Selection and Agreement. (E) Strander Boulevard Extension Phase 3
BP/Olympic Pipeline Reimbursement. (F) 2019 Budget Provisio for SeaTac International Airport Impact Study Update.
107
Tentative Agenda Schedule
MONTH
MEETING 1 -
REGULAR
MEETING 2 -
C.O.W.
MEETING 3 -
REGULAR
MEETING 4 -
C.O.W.
April
2
9
16
23
See agenda packet
Special Presentation:
Special Issues:
cover sheet for
-Fire Department
-An ordinance
this week's agenda:
Promotions: 1 Battalion
establishing regulations
Chief and 2 Captains.
relating to compliance
April 9, 2018
Committee of the
Whole Meeting.
-Vietnam Memorial
Project.
with federal
immigration laws.
-Review of
Proclamations:
recommendations for
A proclamation
recipients of the
welcoming the Seattle
"Tukwila, City of
Seawolves Rugby Football
Opportunity
Club to Tukwila.
Scholarship."
Unfinished Business:
-An ordinance
amending various
ordinances and Table
18-6, "Land Uses
Allowed by District," as
codified in Title 18,
"Zoning," of the
Tukwila Municipal
Committee of the Whole
Code, and adding new
meeting to be followed by
sections to Title 18
pertaining to Accessory
a Special Meeting.
Dwelling Unit
Regulations.
-Authorize the Mayor
to sign an amendment
to Interlocal Agreement
#15-115 with Valley
View Sewer District to
provide sewer services
to the "Loop" (An area
in Tukwila bounded
generally by South 160th
Street, 42nd Avenue
South, State Route 518,
and 51st Avenue South).
-2017 Fire Department
Annual Report.
New Business:
A resolution changing the
location for meetings of
the Transportation and
Infrastructure (T&I)
Committee to the
Hazelnut Conference
Room.
108