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Home My WebLink AboutCOW 2018-06-25 Item 6D - Ordinance - Accessory Dwelling Units (ADUs)COUNCIL AGENDA SYNOPSIS .1 /110 c /L. Meeting Date Prepared by Nlnyor,- review Couthl review 10/02/17 NG Reso/ution ,11/,g Date 1;1" nein IA 05/14/18 NG ' SP )NS( )R Co/intl./ i‘luyor 06/25/18 NG IA Zen 07/02/18 NG RECOMMENDATIONS: SpoNsoR/AiniiN. commITITE Department of Community Development ITEM INFORMATION ITEM No. 6.D. S'1' \FF S] )N( NORA GIERLOFF ORRn \ \ i„\GiAt).\ auk: 10/2/17 ,\GI iND \ I l'kNt 'iiiii Update to Accessory Dwelling Unit Regulations cATF(;()Ry Z Discussion ,Alty, Date 6/25/18 Aloi ion Ali:g Date 7/2/18 711R ZD(.7) Reso/ution ,11/,g Date 1;1" nein Ordinance Aft, g Date 4/9&5/14 'e. 7 l'ire TS I Biel .'brard :IN Date 7 PR L Public 1 tearing ,111,g Dale 4/9&5/14 Police I'll 1 I Other ,Illy, 1) cile Court SP )NS( )R Co/intl./ i‘luyor SP oNSuR'S At the Housing Policy Work Session Council prioritized a review and update to the snim \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. RKvirAX'Ft) BY - C.O.N.V. Mtg. — Trans &Infrastructure 1)A1'1;: 8/28/17, IA CDN Comm 7 Finance Comm. P1 Public Safety Comm. Ell Parks Comm. [7 Planning Comm. COMMITTEE C1 FUR: HOUGARDY, KRULLER Arts Comm. 3/13/18, 5/29/18 RECOMMENDATIONS: SpoNsoR/AiniiN. commITITE Department of Community Development Forward to Full Council COST IMPACT / FUND SOURCE 1.;NPFI\DITURF,RF.QCIRF,D 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 Continue Public Hearing to 5/14/18 5/14/18 Return to CDN for additional review 6/25/18 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 4/3/18 Minutes from the Community Development and Neighborhoods Committee of 3/13/18 5/14/18 As above 6/25/18 Informational Memorandum dated 5/23/18 updated 6/20/18 with draft ordinance 7/2/18 172 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: May 23, 2018 Updated June 20 2018 SUBJECT: Accessory Dwelling Unit Code Amendments ISSUE How should development regulations for Accessory Dwelling Units be changed to allow more flexibility and encourage the development of this housing type? BACKGROUND After the City Council's public hearing on the proposed Accessory Dwelling Unit (mother-in-law apartment and backyard cottage) ordinance on May 14th the Council sent the issue back to the Community Development and Neighborhood Committee. The topics they identified for further discussion include: • Number of parking spaces required; • Minimum lot size required to qualify for an ADU; • Maximum size of attached and detached ADUs; • Whether lots with ADUs should be required to subscribe to curbside garbage pickup; and • How the ADU requirements will be enforced. DISCUSSION Each of the topics identified for further discussion is listed below with options for change. Staff's recommendation is listed first in each group. 1. The proposed ordinance requires ADUs to have one on-site parking space per bedroom in addition to the parking required for the main house. Single family houses with up to 3 bedrooms are required to have 2 parking spaces. Other options include: a. Reinstate the PC recommended waiver of the second space if the ADU is accessed from a block with on -street parking. b. Retain the current requirement that ADUs up to 600 SF are required to have 1 off-street parking space while units over 600 SF are required to have 2 spaces. c. Select a different parking standard. 173 INFORMATIONAL MEMO Page 2 The CDN recommendation was to keep the current standard of one space per bedroom and explore neighborhood permit parking in the future if warranted. There is no change to the draft ordinance. 2. The proposed ordinance would reduce the lot area requirement from 7,200 square feet to the minimum lot size required in the LDR zone, currently 6,500 square feet, for both attached and detached ADUs. This standard is not proposed to be waived under the amnesty program. Other options include: a. Applying the minimum lot size to detached ADUs only and allowing attached ADUs as part of a house on any l-LDR lot. b. Allowing ADUs to be built on Tots as small as 6,000 or 5,500 square feet because there are areas of the City that were platted with smaller lots. There are 137 LDR Tots between 5,000 and 5,999 square feet and 251 lots between 6,000 and 6,499 square feet. c. Retaining the current 7,200 square foot requirement. The CDN recommendation was option a, so there would be no minimum lot size required to create an attached ADU. The draft ordinance reflects this change 3. The proposed ordinance would increase the percentage of a house that can be occupied by an attached ADU from 33% to 40% up to a maximum of 1,000 SF, whichever is Tess. At the March 13 CDN meeting the maximum unit size was flagged for further discussion. Other options include: a. •ria-Retaint•e the 888.1000 square foot maximum in Tukwila's current code. b. Select a different percentage and/or maximum size. The CDN recommendation was to retain the proposed change to 40% with a maximum of 1,000 sf for attached ADUs so there is no change to the draft ordinance. 4. The proposed ordinance would allow detached ADUs up to 1,000 square feet if they could meet other existing standards for total building footprint and impervious surface on the lot. Other options include: a. Set an 800 square foot maximum. b. Allow detached ADUs to be 12% of the lot size up to a maximum of 1,000 square feet. A 6,500 square foot lot would be eligible for a 780 square foot ADU. c. Select a different percentage and/or maximum size. TheCDNrecommendation was option a, the draft ordinance reflects this change. 5. There are no specific requirements for single family garbage collection in the zoning code. Solid waste and recycling are governed by TMC Chapter 22 and the current 174 INFORMATIONAL MEMO Page 3 franchise agreement with Waste Management (contract 12-027) negotiated through the Public Works Department. Options include: a. Do not single out ADUs for special garbage requirements. b. Work with the Public Works Department to develop an amendment to Chapter 22 that implements a universal garbage requirement with an opt out provision. c. Work with the Public Works Department to develop an amendment to Chapter 22 that addresses ADU garbage collection only. The CDN recommendation was option a so there is no change to the draft ordinance. Rental ADUs are required to obtain a Residential Rental Business License before occupancy by a tenant under the same requirements as any other rental unit. Failure to license, register and maintain the ADU would be enforced under TMC 5.06 Residential Rental Business License and Inspection Program and TMC 8.45 Enforcement. In the over 20 years that Tukwila has allowed ADUs only a handful have been legally developed. While there is growing interest in this housing type the current standards are very limiting and few properties qualify. If the final ordinance doesn't add a significant amount of flexibility it is unlikely that Tukwila will see many new ADUs developed. The Council has also flagged the issue of the maximum amount an existing attached or detached ADU will be allowed to exceed the permitted area under the amnesty program (Ordinance Section 12, code section 18.50.230 B 2). Options include: a. Do not set a maximum allowable size and instead apply the existing LDR Zoning limitations for maximum building footprint and development area limitations to the lot b�Set a maximum size of 1,500square feet for ADUs that will be allowed to register under the amnesty program c. Select another maximum size for ADU legalization FINANCIAL IMPACT Construction of additional dwelling units would result in modest increases to permit revenue, sales tax, rental license revenue and property taxes. Establishing an ADU registry and conducting enforcement and inspections for ADUs will require building, planning and code enforcement staff time. RECOMMENDATION The Council is being asked to identify any amendments to the draft ordinance and return it to the June 25th Committee of the Whole meeting and subsequent July 2, 2018 Regular Meeting. ATTACHMENT A. Amended Draft ADU Ordinance 175 176 NOTE: Shaded text an page 15 reflects changes made after review by the Community Development and Neighborhoods Committee on May 29, 2018. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AND TABLE 18-6, "LAND USES ALLOWED BY DISTRICT," AS CODIFIED IN TITLE 18, "ZONING," OF THE TUKWILA MUNICIPAL CODE, AND ADDING NEW SECTIONS TO TITLE 18, PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's Zoning Code, codified at 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 requiring 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 6-4-18.doc NG:bjs Page 1 of 18 177 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: Accessor_y_) efln ynit dweViinfLuntiADU)_" means a dweiiind unit that is within or attac ed to a dv\te00ir12 or in a detached buildincl on the same) Dot as theipnrciariy singe- farnity_dweViing,.. An ADU is distinquishabfe from a_durAex by being ciegidy subordinate to theLprinlary dwe 0 0 0 n_ci unit„ both in use and a:213.eqr npe,, W: Word Processing \Ordinances \ADU regulations updated strike-thru 6-4-18.doc NG:bjs 178 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 6,500 sl . 50 feet Development Area, maximum (only for single family development) 75% on lots less than 13,000 sq. ft. up to a maximum of 5,850 sq. ft. Setbacks to yards, minimum: 45% on lots greater than or equal to 13,000 sq. ft. • Front 20 feet • Front, decks or porches 15 feet 10 feet • Second front • Sides 5 feet • Rear 10 feet Height, maximum 30 feet See TMC Chapter 18.56, Off-street Parking & Loading Regulations See IMC, Se--:ction 118.50 220 18.10.030 Off-street parking: • Residential • Accessory dwelling unit • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations Section 3. Ordinance Nos. 2199 §12, 1976 §23, and 1758 §1 (part), as codified at TMC Section 18.12.070, "Basic Development Standards," are hereby amended to read as follows: W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-4-18.doc NG:bjs Page 3 of 18 179 18.12.070 Basic Development Standards Development within the Medium Density Residential District shall conform to the following listed and referenced standards: MDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi -family) 3,000 sq. ft. (For townhouses the density shall be calculated based on one unit per 3000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements). Average lot width (min. 20 ft. street frontage width), minimum 60 feet (Applied to parent lot for townhouse plats) Setbacks, minimum: Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear - 1st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) Townhouse building separation, minimum • 1 and 2 story buildings 10 feet • 3 story buildings 20 feet W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-4-18.doc NG:bjs 180 Page 4 of 18 Height, maximum 30 feet Landscape requirements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements • Front(s) 15 feet • Sides 10 feet • Rear 10 feet Development area coverage 50% maximum (75% for townhouses) Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations. • Accessory dwelling unit See f M Sect ()Iii1 8 5 220 • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations Section 4. Ordinance Nos. 2199 §14, 1976 §27, 1830 §3, and 1758 §1 (part), as codified at TMC Section 18.14.070, "Basic Development Standards," are hereby amended to read as follows: 18.14.070 Basic Development Standards Development within the High -Density Residential District shall conform to the following listed and referenced standards: HDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 9,600 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi -family, except senior citizen housing) 2,000 sq. ft. (For townhouses the density shall be calculated based on one unit per 2000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements.) Average lot width (min. 20 ft. street frontage width), minimum 60 feet (Applied to parent lot for townhouse plats) Setbacks, minimum: Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Front — 4th floor 45 feet (20 feet for townhouses) W: Word Processing \Ordinances\ADU regulations updated strike-thru 6-4-18.doc NG:bjs Page 5 of 18 181 • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Second front— 4th floor 22.5 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR) (10 feet for townhouses unless adjacent to LDR) • Sides — 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) • Rear - 1st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear— 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) Townhouse building separation, minimum • 1 and 2 story buildings 10 feet • 3 and 4 story buildings 20 feet Height, maximum 45 feet Development area coverage 50% maximum (except senior citizen housing), (75% for townhouses) Landscape requirements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements • Front(s) 15 feet • Sides 10 feet • Rear 10 feet Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit W: Word Processing\OrdinancesWDU regulations updated strike-thru 6-4-18.doc 182 NG:bjs Page 6 of 18 183 184 185 186 187 188 189 190 191 192 193 194