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HomeMy WebLinkAboutCOW 2018-04-09 COMPLETE AGENDA PACKETTukwila City Council Agenda .COMMITTEE OF THE WHOLE ••• "A wq�, kd� a o `'l 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. Pg.1 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). Pg.3 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). Pg.3 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 Tukwila City Hall is ADA accessible. 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 2 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 4 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. 5 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 W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-26-18.doc NG:bjs Page 1 of 18 9 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. W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18 doc NG:bjs 10 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: W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18.doc NG:bjs Page 3 of 18 11 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 W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18.doc NG:bjs 12 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) W: Word Processing\Ordinances\ADU regulations updated stake-thru 3-26-18.doc NG:bjs Page 5 of 18 13 • 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.) W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18.doc NG:bjs 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 W. Word Processing\Ordlnances'ADU regulations updated strike-thru 3-26-18.doc NG.bjs 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: W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-26-18.doc NG:bjs 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 W. Word Processing\Ordinances\ADU regulations updated strike-thru 3-26-18.doc NG.bjs 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 W. Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18 doc NG:bjs 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. W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-26-18.doc NG:bjs Page 11 of 18 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 W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18 doc NG:bjs 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. W: Word Processing\Ordinances\ADU regulations updated strike-thru 3-26-18.doc NG:bjs Page 13 of 18 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. W. Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18.doc NG.bjs 22 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. W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18.doc NG.bjs 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: W: Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18.doc NG:bjs 24 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 W. Word Processing\Ordlnances\ADU regulations updated strike-thru 3-26-18 doc NG.bjs 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 W. Word Processing\OrdinancesWDU regulations updated strike-thru 3-26-18.doc NG.bjs 26 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 DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIF ❑Court ❑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. 63 INFORMATIONAL MEMO Page 2 There is no restriction on the use of a single-family dwelling as a short- or long-term rental. Similarly, there is no restriction on the use of mobile home dwellings in mobile home parks for short- or long-term rentals. Moreover, Tukwila's current standards for attached ADUs permit the rental of the ADU but require owner -occupancy of the either the primary residence or ADU. The draft ADU ordinance that allows detached ADUs has a placeholder ban on rentals of 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. 64 INFORMATIONAL MEMO Page 3 On December 11, 2017, Seattle adopted new regulations to prevent property owners from operating short-term rentals as if they were hotels, as part of a larger effort to ensure an adequate supply of long-term rental stock for the City's permanent residents, see Attachment C. The new regulations limit hosts to two dwelling units each and requires a special license to operate said rentals. The City also requires short-term rental platforms, such as AirBnB, HomeAway and VRBO, to obtain a special "platform license" to facilitate bookings in Seattle. In advance of adopting these regulations, the City approved a new tax on short-term rentals, again designed to prevent property owners from operating short-term rentals as if they were hotels. Similarly, in October 2017, the City of Kirkland adopted Ordinance 0-4607, which regulates rentals lasting for less than thirty days. Properties must be owner -occupied at least 245 days per year and a "Short -Term Rental Business License" from the City is required. The use of an ADU as a short-term rental is allowed for up to 120 days per year, as long as the property owner (or authorized agent) occupy the primary residence for at least 245 days per year. A property manager must live within 15 miles of the residence when residence is used for short-term rental purposes. The City further dictates terms that must be included in the rental agreement, including a provision that "encourages renters to exercise best efforts to avoid conflicts with neighbors related to issues such as noise, littering, parking and trespass." The City also requires a business license for long-term rentals, including owner -occupants with a roommate. ANALYSIS Council is being asked to set a policy direction on short-term rentals. A. 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). 65 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. 66 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 67 INFORMATIONAL MEMO Page 6 ATTACHMENT A Staff Research Regarding Existing Short -Term Rental Stock Staff reviewed the inventory of short-term rental properties (as advertised on Craigslist, VRBO and AirBnB), in order to determine the scope of the existing use of these services. A review of AirBnB and VRBO, on December 28, 2017, found approximately 35 short-term rentals offered in Tukwila, including the following: Three bedroom home, for $149/night Private room in single family home, for $38/night Towne and Country Hotel, Furnished 3 bedroom suite for $250/night Two bedroom condo, for $135/night One bedroom condo, for $85/night - Studio cabin (ADU), for $55/night Guesthouse (ADU), for $65/night Room in single family home with private bath, for $40/night Private room in single family house, for $56/night Private room in three-bedroom apartment, for $60/night Single family home, for $112/night Detached ADU (Cottage), for $80/night Private room in single family home, for $45/night Two bedroom apartment, $120/night 68 INFORMATIONAL MEMO Page 7 ATTACHMENT B Neighboring Jurisdictions' Regulation of Short -Term Rentals Jurisdiction Single -Family Residences 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. 69 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. 70 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 83 NE 95th St WEDGWOOD z NORTHEAST NE 75th SEATTLE NE 75th St VIEW RIDGE 65th St RAVENNA NE 55th St .0111 St liversity Village NE 45th St University of Washington v ._if — MONTLAKE a 520 Par Arboretum - 0 ▪ Warren NE 70th St Magnuson Park - K r' NE 65th St HA HILLS E NE 60th SI Jr HILLS WINDERMERE Z' `.Say NE m Q0 Ca NE 50th St 55 LAURELHURST J 9 NP HARRISON/. DENNY-BLAINS MADRONA m, !IRE PARK E Cherry St Vesler Way LESCHI r7, cl • ➢ N a N i 4 College Sts M EP RTH N HILL ¢' 9�S � Park Golf Cure 0 N BEACON HILL co S Genesee St MBIA CITY �9 S Graham SI J' 5 HEnaerFfi`/ / I / rn SEWARD PARK NEW HOLLY a' RAINIER VALLEY a 52. a ` I / 'ard Park Concluding Remarks and Comments on Equity Inevitably, no citywide policy can best meet the individual needs of every short term rental operator. The proposed regulations detailed above attempt to strike a balance that recognizes both the benefits and challenges offered by short term rentals. They also attempt to focus on this issue through an equity -based lens: while there are a variety of stakeholders and interests in this area, those looking for an affordable home in this city are more in need of supportive local government intervention than those offering their second (or third or fourth) homes to out-of-town visitors. After these regulations are translated into legislation, they will be vetted through the full public process of the City Council, where input is eagerly accepted and further revisions robustly debated. Endnotes 1 http://techcrunch.com/2009/03/04/y-combinators-airbed-and- breakfast-casts-a-wider-net-for-housing-rentals-as-airbnb/ 2http://www.wired.com/2015/12/airbnb-confirms-1-5-billion-funding- round-now-valued-at-25-5-billion/ 3https://www.airbnb.com/about/about-us 4https://www.homeaway.com/info/media-center/presskit 5http://www.nyti mes.com/2015/11/05/business/dea l book/exped is-to- acqu i re-homeaway-for-3-9-bi ll ion.htm l?_r=0 6https://www.homeaway.com/info/about-us 7See https://www.airdna.co/sample/us/washington/seattle or http:// insideairbnb.com/get-the-data.html 8http://blog.airbnb.com/economicimpactsinseattle/ 9http://insideairbnb.com/seattle/ 10 https://www.ahla.com/sites/default/files/CBRE_AirbnbStudy_2017. pdf 11 http://harvardlpr.com/wp-content/uploads/2016/02/10.1_10_Lee.pdf 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 Gtav*y Peru IMLaois Annexation Boundary --- wanand IIrii til offE a NE mi Immo rte.. .114 7b4431EWIZA9T" nig-corm us. (c de-T•!••Y rex 7M e Inch. 12BMt YAWLS l wwuea,. Exhibit B-1 Valley View Sewer District Imo% .m.Nrymmema i• my waft f99191910191M•919 Mt 1E1. Immt N Legend Manhole Gravity Main Loap Annexation Boundary :Msw Proposal /or ILAAmandad Boundary Wetlands ., _ _.... --.- _.-m-^--.-._ - -•. ....,• s.....tP •..••,•a,. a..aa.w. =..n runlnamrwawal rw _..._ •w.1 .HI a". am... NG TH- Exhibit B-2-__„___.......=1574:::..."=...1.. ,....3. Val • y View Sewer Dtstrikt "... ".. e__ m""Ys. XLLLaf/1! MIA 41+A wLHVtlx'9S" �p'I When...�-I'1�'���w. 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