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Home My WebLink AboutCOW 2019-09-23 COMPLETE AGENDA PACKETuA Tukwila COMMITTEE City Council OF THE Agenda WHOLE *+ Allan Ekberg, Mayor Councilmembers. ❖ Dennis Robertson Verna Seal 905 David Cline, City Administrator ❖ De'Sean Quinn + Kate Kruller Kathy Hougardy, Council President ❖ Thomas McLeod •. Zak Idan Monday, September 23, 2019; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. 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 fisted on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 3. PUBLIC HEARING Ordinances updating the Critical Areas Code. ,A Please bring your binder (distributed separately). Q' Pg.1 4. SPECIAL ISSUES a. Discussion on ordinances updating the Critical Areas Code. b. An update on Accessory Dwelling Units (ADUs). Pg.1 Pg.31 5. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 6. MISCELLANEOUS 7. ADJOURN TO SPECIAL MEETING • SPECIAL MEETING ►:• •: Ord #2615 ❖ Res #1968 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA Approval of Vouchers 3. NEW BUSINESS For discussion of Consent Agenda'item only, if necessary. 4. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800 or TukwilaCityClerk(aTukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped (available at www.tukwilawa.ciov) 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 an 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 fonn 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. COUNCIL AGENDA SYNOPSIS ---------- ---------- - -------- - MeetingDate Prepared by Ma or review tuwil review 09/23/19 MD •../ , ITEM INFORMATION ITEM No. 3 & 4.A. S FAH SPONSOR: JACK PACE ORIGINAL A(3ENDA DATL: 9/23/19 AGI.NDA III! Trilm, Periodic Update of the Critical Areas Code C \ILGoRy Di,,wii /on 9/2.3/19 El Motion )111g Dote 0 ReJolution Allg Ade 0 Ordinante Al Ig Dale 7 Bid 122,,,m, II lgDale g. Pub& 1-fearing [ Other Allg Dale Mrs Date llkg Dale 9/23/19 SPONSOR COtlnai EZ'iayor E 1 fR I1DCD •Finance I-7tre LIITS Epe-R Police EPW Ecouri SPONSOR'S The City is conducting a periodic review and update of its Critical Areas regulations to Summ.\ity reflect current best available science (BAS) as required by the Growth Management Act. The PC has forwarded a recommended draft of the changes to Council. The Council is being asked to hold a public hearing on the recommendations, review any additional public comments, give staff direction on further changes and adopt new ordinances. RF,V I I Vi/J.,,I) BY E c.o.w. Mtg. E Trans &Infrastructure DATE: 9/10/19 1 CDN Comm r Finance Comm. E Public Safety Comm. 0 Parks Comm. E] Planning Comm. COMNIITITE CHAIR: QUINN riArts Comm RECOMMENDATIONS: SPONSOR/ADMIN. COMMI Department of Community Development ITI,E Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exim,NDI ruRr. RLQuiRm AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/23/19 MTG. DATE ATTACHMENTS 9 23 9 Informational Memorandum dated 9/4/19 Minutes from he Community Affairs and Parks Committee meeting of 9 0 9 *Please Bring Binder Distributed Separately* 1 2 City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Community Development and Neighborhoods FROM: Jack Pace, DCD Director BY: Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: September 4, 2019 SUBJECT: Critical Areas Code Update ISSUE The City of Tukwila is required to periodically review and update its Critical Areas regulations to reflect current best available science (BAS) as required by the Growth Management Act. BACKGROUND All cities in Washington are required to adopt critical areas regulations by the Growth Management Act (GMA) (RCW 36.70A.060). Critical areas, as identified in the GMA include wetlands, frequently flooded areas, streams, geologically hazardous areas (steep slopes), and fish and wildlife habitat conservation areas. In addition, cities are to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. Cities are required to include the best available science in developing policies and development regulations to protect the functions and values of critical areas (RCW 36.70A.172). All jurisdictions are required to review, evaluate, and, if necessary, revise their critical areas ordinances according to an update schedule provided per RCW 36.70A.130. Tukwila's current critical area regulations were adopted nine years ago in 2010. Per GMA the City must periodically consider best available science (BAS) and update its critical areas ordinance. Any deviations from BAS recommendations should be identified, assessed, and explained (WAC 365-195-915). Washington State Department of Ecology oversees critical area updates and provides direction on BAS. PUBLIC OUTREACH Outreach to affected property owners throughout the City included mailings, webpage updates, stormwater bill inserts, eHazelnut newsletter and an open house. A public open house was held on October 9, 2018 at the Tukwila Community Center. The notice of the open house and the Planning Commission hearing was mailed to all property owners and tenants in Tukwila along with email notices to interested parties and agencies with jurisdiction. Additionally, a website page (www.tukwilawa.qovicriticalareas) was maintained where general members of the public can keep up with the update process. Subsequent to the open house, staff developed a set of policy options and had a work session with the Planning Commission on this item on November 8, 2018. The second work session was held on February 28, 2019. The Planning Commission (PC) held a public hearing on April 11, 2019. The PC started their deliberations on May 23, 2019 and finalized their recommendations to the City Council on June 27, 2019. All background reports including the Gaps Analysis Report prepared by the The Watershed Company and the five staff reports to the Planning Commission are available online. Here is the link to the website. 3 INFORMATIONAL MEMO Page 2 DISCUSSION The Planning Commission's recommended draft is included in a separate binder. Summary of the key revisions is included below: VQ 1. Designation: Reference to State delineation manual removed and replaced with language from WAC 173-22-035, that states identification of wetlands and delineation of their boundaries shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. w Five year time limit onwetland reports/delineations estobhohed.Genera|ly(ony delineation done more than five years ago needs toberevisited 8Swetlands can change significantly in 8five-year period due to changes in hydrology, land uSes, and plant species composition. Additionally, approved jurisdictional determinations by the Corps expire after five years. Revisiting a wetland delineation that is five or more years old does not necessarily mean a new wetland delineation needs to be done. It means it may be necessary to revisit the site to determine whether the delineation is still accurate Vrneeds toberedone based nOcurrent conditions. 2. Rating: State rating system referenced, which is the Washington State WetlandRahno System for Western Washington /Hruby 2014. Ecology publication NO. 14-06-029A.To avoid the need for future updates related to rating system versions language added, "or as revised and approved byEcn|ogy^ 3. Buffer Widths: Adopt the standard buffer widths recommended bythe Department ofEcology; but allow alternate buffer ifimpact minimization measures are taken AND buffer isreplanted. See table below for the current buffer width requirements and theproposed changes required based on habitat score. INFORMATIONAL MEMO Page 3 Category Wetland buffer width (ft), current TMC Wet and buffer width (ft), Ecology 2014, high -intensity land use impact Habitat score <6 Habitat score <6 Habitat score 6-7 Habitat score 6-7 Habitat score 8-9 Habitat score 8-9 Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer ie nap|onbad. Also, iOQfeeL vegetated corridor between wetland and priority habitats is maintained. Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted. Also, 1OQfeet vegetated corridor between wetland and priority habitats is maintained. | 100 100 75 150 110 300 225 || 180 100 75 150 110 300 225 ||| QU 80 GU 150 110 300 225 |y SD 50 40 50 40 50 40 Impact minimization measures to qualify for alternate buffers include the following: Disturbance Required Measures to Minimize Impacts Lights * Direct lights away from )wetland Noise ° Locate activity that generates noise away from wetland * |fwarranted, enhance existing buffer with native vegetation plantings adjacent tonoise source ° For activities that generate relatively continuoua, potentially disruptive noise, such as certain heavy industry or mining, establish onadditional 1O'heavily vegetated buffer strip immediately adjacent tuthe outer wetland buffer Toxic runoff v RoOte.a|| new, untreated runoff away from wetland while ensuring wetland isnot davvatered ° Establish covenants limiting use ofpesticides within 15Ofeet of wetland w Apply integrated pest management Stormvvaherrunoff * Retrofit otormvvoterdetention and treatment for roads and existing adjacent development * Prevent chenne|izedflow from lawns that directly enters the buffer ° Use Low Intensity Development (LID) techniques where appropriate (for more information refer tothe drainage ordinance and manual) Change inwater regime ° Infiltrate ortreat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pete and Human ° Use privacy fencing ORplant dense vegetation tode|ineatebuffer Disturbance edge and todiscourage disturbance using vegetation appropriate for the eoonaginn * Place wetland and its buffer in aaapmrate tract or protect with o conservation easement Dust 0 Use best management practices tocontrol dust 6 INFORMATIONAL MEMO Page 4 4. Interrupted Buffer: Establishes an administrative waiver process for an interrupted buffer. a) Defines what qualifies as interrupting the buffer: a public or private road; buildings; or parking lots. The criteria for waiver include: i) The existing legal improvement creates a substantial barrier to the buffer function; ii) The interrupted buffer does not provide additional protection of the critical area from the proposed development; and iii) The interrupted buffer does not provide significant hydrological, water quality and wildlife buffer functions relating to the portion of the buffer adjacent to the critical area. 5. Buffer averaging instead of buffer reduction: Replaces buffer reduction provision with buffer averaging. The total area of the buffer after averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than either % of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater. 6. Alterations: No changes to the exemption level. The existing code provides an exemption for certain wetlands that are under 1,000 square feet. The exemption is from sequencing (showing that the impact cannot be avoided or minimized). Mitigation of the impacts is still required per Ecology. Exempt wetlands have to meet the following criteria: a) habitat score under five; b) are not associated with a riparian habitat or Shorelines of the State; c) are not part of a wetland mosaic, and d) do not contain priority habitat. 7. Mitigation Standards: Mitigation ratio for buffer impacts is added at 1:1 8. Wetland and buffer mitigation location: The current code prefers off -site mitigation be located within City of Tukwila's boundaries. However State and federal agencies advocate use of alternative mitigation methods such as mitigation banks or in -lieu -fee programs. In order to be consistent with regulations of these agencies the proposed changes allow for purchase of mitigation credit from an in -lieu fee program or bank, if that is the best choice ecologically for a project. 9. Wetlands buffers associated with restoration projects that include creation of an off -channel habitat projects. For shoreline restoration projects that result in a change in the location of the ordinary high water mark and associated shoreline jurisdiction on the subject property and/or adjacent properties, relief may be granted from Shoreline Master Program standards and use regulations. However, the relief for restoration projects is limited to ordinary high water mark and not buffers of any associated critical areas such as wetlands. Therefore, a new subsection is recommended by the Planning Commission: INFORMATIONAL MEMO Page 5 TMC 18.45.90 Wetlands Uses, Alterations and Mitigation (D) Wetland and Buffer Mitigation Location: 7. Wetland creation for restoration projects may only be approved if the applicant can show (1) that the adjoining property owners are amenable to having wetland buffers extend onto or across their property; or (2) that the on -site wetland buffers are sufficient to protect the functions and values of the wetland and the project as a whole results in net environmental benefit. 11. atercourses 1. Rating and buffer widths: Ratings nomenclature updated to reflect Washington Department of Fish and Wildlife ratings for simplicity. Type 1, 2, 3, 4 changed to S (Shoreline), F (Fish bearing), Np (Non - fish bearing perennial), Ns (Non -fish bearing seasonal). No change in the buffers of S, F, Ns. The standard buffers of Np could be lowered from 80 feet to 50-65 range with buffer enhancement. Stream Type Watercourse Buffer (ft), TMC S Regulated under Shoreline Master Program F 100 Np Standard buffer 80 Alternate buffer in the range of 50-65 with buffer enhancement Ns 50 2. Buffer averaging vs reduction: Replaces buffer reduction provision with buffer averaging so long as the total area of the buffer after averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than % of the required width. 3. Interrupted buffer: Establishes an administrative waiver process for an interrupted buffer. a) Defines what qualifies as interrupting the buffer: a public or private road; buildings; or parking lots. The criteria for waiver include: i) The existing legal improvement creates a substantial barrier to the buffer function; ii) The interrupted buffer does not provide additional protection of the critical area from the proposed development; and iii) The interrupted buffer does not provide significant hydrological, water quality and wildlife buffer functions relating to the portion of the buffer adjacent to the critical area. III. Geologically Hazardous Areas Reference to mapping sources added and protective provisions such as slope vegetation protection and guidelines on erosion control and best management practices included. 7 INFORMATIONAL MEMO Page 6 IV. Fish and VVUdUfe Habitat Conservation Areas a) The city's list of fish and wildlife habitat conservation areas made consistent with GMA definition b) Reference to mapping sources added. c) A requirement for a habitat assessment prepared by a qualified professional to better reflect BAS so that buffers could be based on site specific conditions. V. Special Hazard Flood Areas Reference added to Special Hazard Flood Areas TMC Chapter 16.52; and floodplain habitat assessment requirements included. VI. Housekeeping Code Amendments Vesting: Language added to clarify that only submittal of a complete building permit vests a project to critical areas code. For instance, if a short plat is approved but homes are not constructed and the code is updated, any future development is subject to the new updated code. An exception added for projects that currently have a preliminary approval but not final approval to be vested until the expiration of the preliminary approval; provided building permits are submitted within five years of the final approval. 2. Expiration of decisions related to critical areas: Five years term limit established for any approvals to be consistent with time limits for permits obtained from the state and federal agencies. 3. Permitted uses changed to permitted activities section 4. Vegetation Management in the Tree, Landscape, Critical Areas and Shoreline Chapter The purpose of these proposed amendments is to provide consistency between the four chapters and address lessons learned during implementation of the newly adopted Tree and Landscape Code. Additionally, applicability sections are added to explain which Chapter applies when there is an overlap. These include regulations pertaining to tree retention, removal and replacement requirements. 5. Reorganization: In order to improve the organization and make it easy to implement the code it is reorganized to sequentially address 1. Mitigation sequencing; 2. What is allowed outright/what requires Special Permission approval; 3. Criteria for approving deviations; 4. Mitigation requirements; 5. Monitoring 6. Penalties for unauthorized alterations: Penalties for illegal clearing in critical areas added. 7. Non -conforming provisions: New non -conforming thresholds for development in the wetland and stream buffers established; and tied to incentives for improving the buffer. a) Allow existing buildings to expand vertically to add upper stories in exchange for buffer enhancement b) Allow lateral expansion to the building side that is opposite of critical area up to a maximum of 1000 sq. ft; in exchange for buffer enhancement. Further this option is 8 INFORMATIONAL MEMO Page 7 limited tosituations where the buffer width iaat least 75percent ofthe required buffer. c\ Allow lateral expansion along the existing building lines in exchange for buffer enhancement; and limit the sq. ft. ofnew intrusion into the buffer toless than 5O percent of the current intrusion o[5OO eq. ft, whichever is |gao. Further this option is limited to situations where the buffer width is at least 75 percent of the required buffer, d) Allow enclosing within existing footprint in exchange for buffer enhancement. 8. Inventory update: Add requirement for the applicant toprovide surveyed data for maintenance of the City's Critical Areas inventory map FINANCIAL IMPACT No direct impacts are expected due to these changes. RECOMMENDATION The Council iobeing asked tohold opublic hearing onthe proposed changes st the September 23, 2019, Committee of the Whole meeting. Staff will then return with a comment matrix for the City Council toreview atsubsequent meetings. ATTACHMENT The separately distributed binders contain: 2, Chapter Areas Chapter) showing the bulk ofthe proposed changes- strikeout/underline 3. Chapter 18.70 (Non -Conforming regulations)- strikeout/underline version 3. Chapter 1O]54(Tree Chmoteh-strikeout/underline version 4. Chapter 18.52(Landscape Chmpteh-strikeout/underline version S. Chapter 18.0#(Definitions Chapteh-strikeout/underline version 6. Chapter 1D.45(Critical AneaS>'clean version 7. Public Comments received at the Planning Commission hearing D. /\ matrix ofstaff responses tothe public comments 9. Planning [}ornnnieoiVn meeting minutes 10 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes September 10, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Verna Seal Staff: Guest: David Cline, Minnie Dhaliwal, Andrea Cummins, Laurel Humphrey Nicole De Leon, Cairncross & Hemplemann CALL TO ORDER: Chair Quinn called the meeting to order at 5:30 p.m. . PRESENTATIONS II. BUSINESS AGENDA A. Board & Commission Appointments As follow up to previous Committee discussions on the process for appointments to the City's Boards & Commissions, staff presented updated documents that reflect the Committee's input. The application form is now available to be completed online and includes a new statement of interest section as well as an optional personal/demographic section. Those interested in additional terms must now submit a reapplication form, which is also available online. The "City of Tukwila Advisory Boards, Commissions and Committees Handbook" has been updated, and there is a new Administrative Policy to formalize processes. Committee members expressed support for the updates. Chair Quinn suggested that when interviews occur the Council President should be invited, and this should be added to the written procedure where applicable. UNANIMOUS APPROVAL. B. Ordinances: Critical Areas Code Update Staff provided an overview of draft legislation to update the Critical Areas regulations to reflect current best available science as required by the Growth Management Act. The Planning Commission held several work sessions and a public hearing on this topic and finalized their recommendations in June. Staff reviewed the Planning Commission's recommendations and answered clarifying questions. Committee members asked for hard copies of all five staff reports to the Planning Commission. The draft legislation will return to Committee following the September 23 Public Hearing. FORWARD TO SEPTEMBER 23, 2019 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING 11 12 13 u CU 4) (1) -o D a) (0 u tr) C (0 c 4-; r0 11.E.E.MI 11•11.•(:) 0 L_ 4- CC) 0 —0 ro N ro ro 0 0 cu —0 ro 0_ 0 0_ 0) (1) Lfl (I) 14 ettr to ons for wet Ln a) 0 1— 0 N. 00 ri N - Ls) a) -1-, o al Areas Public Hearing 1 5 c 4-) c C 0 CU a) r0 a) j rt3 D -0 Ln D (1) u 0 .(7) (1.) ro 0_ U) 0 4-) (0 • Keep up with changes to State Law co a) c CU L.) a) 0 ons were 0 1- 0 U N al Areas Public Hearing 1 6 17 18 0 kJ To O D 4-1 C O rr $... 2 cc c 4. .1 0 CI) cu O cu cn a (1) T2 IA '(1) -0 (:$ (1) -0 -0 C Q) R3 0> +, ,_ CU ft— < be incorporated 1' 0 O c12 c 0 s_ L. 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S rAH, SPONSOR: MINNIE DHALIwAL ORIGINAL AGENDA DATU: 9/23/19 AGENDA ri LN1 TH LE Update on Accessory Dwelling Units Amnesty Program update CATEGORY D/J(usizon 9/23/19 El Motion :lits Date El] Resolution Mts Date [I] Ordinance Mfg Date [1:113u 1 .4 ard All:g Date El Public Hearing At Date LI Other Alt& Date Mtg Dale SPONSOR Councll Mayor I R IDCD flLznane re ITS P&R DPo/ie LJPW LCourt SPoNsoR'S Ordinance 2581 adopted by the City Council on July 2, 2018 updated Tukwila's ADU SLININI,1RY regulations. The updated regulations allow for detached ADUs and require new and existing ADUs to apply for registration. A one-year amnesty period adopted under Ordinance 2581 ended on July 1, 2019. This is an update on the amnesty program. Rrxii,,van In 0 C.O.W. 11] Trans &Infrastructure Mtg. LI CDN Comm 0 Finance Comm. LI Arts Comm. [I] Parks Comm. COMMII I EE CHAIR: E] Public Safety Comm, Planning Comm. DATE: RECOMMENDATIONS: SPONSOR/ADMIN. Commlyi Department of Community Development EE No Committee COST IMPACT / FUND SOURCE EXPIADII LIRE REQ LIR] D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/23/19 MTG. DATE ATTACHMENTS 9/23/19 Informationa Memorandum dated 9/18/19 Ordinance No, 2581 32 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Council Committee of the Whole FROM: Minnie Dhaliwal, Planning Supervisor BY: Jaimie Reavis, Senior Planner CC: Mayor Ekberg DATE: September 18, 2019 SUBJECT: Accessory Dwelling Unit (ADU) Amnesty Program Update ISSUE Update on the ADU regulations adopted in July 2018. BACKGROUND Ordinance 2581 adopted by the City Council on July 2, 2018 updated Tukwila's ADU regulations. The updated regulations allow for detached ADUs and require new and existing ADUs to apply for registration through an Accessory Dwelling Unit Registration Application. A one-year amnesty period adopted under Ordinance 2581 allowed for property owners with ADUs that were created illegally or which were in existence prior to an area's annexation to come forward to register their ADUs under more flexible zoning rules, provided the units met building code's life safety standards. Zoning flexibility given to existing ADUs applying for registration during the amnesty period included the following: • Exceeding the permitted height for a detached ADU • Exceeding the permitted area for an attached or detached ADU, up to 1 ,200 square feet • Not providing a second parking space for a two bedroom ADU • 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 minimum lot size for a detached ADU were conditions that could not be waived. The one-year amnesty registration period ended on July 1, 2019. DISCUSSION A total of 21 ADU Registration Applications were submitted during the one-year amnesty program. See attached map for the location of these ADUs. I. Approval Process The process for registering an ADU during the amnesty period was broken down into the following steps: 1. Owner submits an ADU Registration Application (including owner affidavit, property site plan, and floorplan) and a building permit. There is no fee for the registration application and the fee for the building permit is $27.50. 2. The construction permit is issued over the counter in order to allow the applicant to schedule an inspection by a Building Inspector, Electrical Inspector, and a Planner 33 INFORMATIONAL MEMO Page 2 3 If life safety issues are identified as part of the inspection, the applicant must address the issues by working through them with the inspectors, and scheduling a final inspection once identified issues are corrected. 4. Once the ADU passes the inspections, the Planner provides the applicant the ADU Notice to be recorded with King County. 5. Once the ADU Notice is recorded and a copy is returned to the Planner, the notice of decision (approval or denial of the ADU Registration Application) is issued. II. Status of applications Here is the current review status of the 21 ADU registration applications that were submitted during the one-year amnesty program: Approved: 5 Denied: 1 Withdrawn: 1 Pending: 12 (First inspection identified life safety issues for majority of these; First inspection is pending for 2 of them) Under construction: 2 III. Issues that came to light as we started implementing the ADU amnesty program: A. Zoning related issues: ADU vs main house size limitations: Many basement ADUs in one-story homes are the same size as the main floor of the primary home, so it's difficult for them to meet the size limit of 40`)/o of the primary dwelling. Meeting this requirement either involves increasing the size of the primary dwelling or reducing the size of the basement unit by making some of the square footage unusable. • Owner Occupancy requirement: Owner occupancy is hard to enforce and the property owners that are currently renting out both units on a property did not want to apply under the amnesty program if they had to meet the owner occupancy requirement. However, units in these circumstances are discovered in the process of rental registration process. It is difficult for the city's code enforcement team to do any enforcement if one of the units is not occupied by the homeowner. • Duplex vs ADU: There are existing duplexes in the LDR zone. It can be difficult to determine whether a property was originally developed with a duplex vs. a single- family home with an attached ADU. • More than two units per one single family lot: The one application that was denied was for the property with an ADU above a detached garage. This property is located in the LDR zone and has an existing legal nonconforming duplex. Ordinance 2581 allows a detached ADU on the same lot as the primary single- family dwelling, but not if there is already a duplex on the lot. • Amnesty: Few of the ADUs actually needed amnesty from the zoning requirements. Only four of the 21 applications submitted needed amnesty, due to the ADU exceeding the permitted area. Two of the detached ADUs were over 800 square feet (810 square feet; 1,000 square feet).Two attached ADUs had a basement size of the same size as the primary dwelling unit (870 square feet; 1,000 square feet). 34 INFORMATIONAL MEMO Page 3 B. Construction related issues: • Units are difficult to inspect after the fact, especially elements that are covered up. • Life safety issues found so far during inspections have included repairing stairs, handrails, and landings for staircases up to second story units; fixing decks; widening or changing the height of rescue windows; adding smoke and/or carbon monoxide detectors; proper installation of utilities; replacing unrated heating equipment; and installation of fire walls between garages/workshops and ADUs. ADUs applying for amnesty were not required to install fire suppression systems. If major issues come up during inspection the homeowners are reluctant to complete and go through the approval process. For example, if there are no windows in bedrooms, they do not pass the initial inspection and have to make changes which many homeowners are reluctant to complete. C. Cost of obtaining approval: ADUs located in the Valley View Sewer District must pay a General Facility Charge of $3,226.00. Additionally, all ADUs constructed after Feb. 1, 1990 are subject to a King County sewer capacity charge that is either a monthly charge of approximately $65 for 15 years or a lump sum payment of approximately $10,000. Both attached and detached ADUs are subject to these fees. • City of Tukwila impact fees (parks, fire and transportation) apply for detached ADUs. Parks impact fees are $2,859; Fire impact fees are $1,790 (1,683 if sprinkler system is installed); Transportation impact fees range from $350 to $550 depending on the location. • There are some ADU owners with unoccupied units who do not want to pay for or deal with the hassle of making the necessary changes to their units to bring them into life safety compliance due to costs. FINANCIAL IMPACT None. RECOMMENDATION Staff is seeking direction from the City Council on the whether to: 1) Revise regulations to address the issues discussed above; or 2) Make no additional changes. If the City Council directs staff to revise the code then staff can go back through the process, including additional public outreach. The process for code amendments includes briefing the Community Development and Neighborhood Committee; Planning Commission review followed up by City Council review and final action. As part of any zoning code amendment a public hearing is held by the Planning Commission and the City Council. ATTACHMENTS Map of ADU Registrations received during amnesty program 35 36 ADU Amnesty Program Application Status Approved (5) Denied (1) Pending (12) Under Construction (2) Withdrawn (1) Ith; 37 38 Washington Ordinance No. 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 Processingl0rdinances\RDU regulations updated strike-thru 6-26-18.doc NG:bjs Page 1 of 18 39 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 TUKVV LA, 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. IN: Word Processing \Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 2 of 18 40 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 devetooment) Setbacks to yards, minimum: • Front 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. • Front, decks or porches • Second front • Sides • Rear Height, maximum Off-street parking: • Residential • Access() dwellin 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 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 6-26-18.doc NG:bjs Page 3 of 18 41 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, mnimum 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- lstfloor 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 - 1s floor 10 eet • 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 storybuildings 10 feet • 3 story buildings 20 feet W: Word Processing\OrdinancesADLJ regulations updated strike-thru 6-26-18.doc NG:bjs Page 4 of 18 42 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 l0feet Development area coverage 50% maximum (75% for townhouses) Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations. • Accessory dwelling unit See TMC Section 18.50.220 • 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 ownhouse 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 6-26-18.doc NG:bjs Page 5 of 18 43 • 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- lstfloor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd oor 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\Ordinances1ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 6 of 18 44 Off-street parking: • Residential (except senior citizen housing) See TMC Chapter 18.56, Off-street Parking & Loading Regulations. • Accessory dwelling unit See TMC Section 18.50.220 • Other uses, including senior citizen housing See TMC Chapter 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall Puget Sound Air Pollution Control Agency pollutants, (2) TMC Chapter 8.22, "Noise", for water quality and hazardous to the requirements of the State shall be evaluated to determine whether adequately mitigated. comply with (1) standards adopted by the for odor, dust, smoke and other airborne and, (3) adopted State and Federal standards materials. In addition, all development subject Environmental Policy Act, RCW 43.21C, adverse environmental impacts have been 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, 3,000 sq. ft. multi -family (except senior citizen housing), minimum Setbacks toyards minimum: • Front25 feet • Second front 2.5 feet • Sides l0feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet W: Word Processing \Ordinances‘ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 7 of 18 45 • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of .5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) in. of 10 feet and a max. of 30 feet Height, maximum 4 stories or 45 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet 10 feet • 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 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off-street parking: • Residential (except senior citizen housing) See TMC Chapter 18.56, Off street Parking_& Loading Re ulations 3 per 1,000 sq. ft. usable floor area • Office, minimum • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses, including senior citizen housing See TMC Chapter 18.56, Off-street Parking & Loading Regulations 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 miti_gated. 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 ProcessinglOrdinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 8 of 18 46 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 - 1 st 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 DR, MDR, HDR - 1st Floor 10 feet - 2nd Floor 20 feet - 3rd Floor 30 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Off-street parking: • Residential See TMC 18.56, Off-street Parking/Loading Regulations • 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‘OrdinanceMADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 9 of 18 47 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 rLot area, minimum Lot area per unit (multi -family), minimum Setbacks to yards, minimum: • Front [ • Second front • Sides 5,000 sq. ft. 3,000 sq. ft. • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR • Rear 20 feet 10 feet 5 feet] 10 feet 10 fee 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 re uirements • Front • 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 W: Word Processing \Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs 10 feet 200 sq. ft. per dwelling unit (1,000 sq. ft. min. Page 10 of 18 48 Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations • Office, minimum • Retail, minimum • Other uses 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 adequatelymitigated 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\Ordinances1ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 11 of 18 49 NCC BASIC DEVELOPMENT STANDARDS Lot area per unit for senior citizen housing, minimum 726 sq ft. (senior housing) Setbacks to yards, minimum: • Front 6 feet (12 feet if located along Tukwila International Blvd. S.) • Second front 5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet Height, maximum 3 stories or 35 feet (4 stories or 45 feet in the NCC of the Tukwila International Boulevard, if a mixed use with a residential and commercial component) Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements • Front 5 feet • Front(s) if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear none • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit W: Word Processing \OrdinancesADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 12 of 18 50 Off-street parking: • Residential (except senior citizen housing) See TMC 18.56, Off-street Parking/Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area • Retail 2.5 per 1,000 sq. ft. usable floor area • Manufactunng 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. 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, as well as accessory dwelling units and other accessory structures that require a building permit, must: 1. Be set upon a permanent concrete perimeter foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative. 2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections, each of not less than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the current edition of the Washington State Energy Code with amendments. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber - cement siding, wood -composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide. This requirement does not apply to ADUs or accessory structures. W: Word Processing \Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 13 of 18 51 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. Section 10. Ordinance Nos. 2368 §52, and 2098 §3, as codified at TMC Section 18.50.055, "Single -Family Design Standards Exceptions," are hereby amended to read as follows: 18.50.055 Single -Family Design Standard Exceptions A. The design standards required in TMC Section 18.50.050 (4), (5) and (6) may be modified by the Community Development Director as a Type 2 Special Permission decision. 1. The criteria for approval of use of unconventional exterior siding are as follows: a. The structure exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation; and b. The proposed siding material is durable with an expected life span similar to the structure; and c. The siding material enhances a unique architectural design. 2. 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. 3. 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 ProcessinglOrdinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 14 of 18 52 B. The design standards required in TMC Section 18.50.050 (5) and (6) may also be modified by the Community Development Director as a Type 2 Special Permission decision if the proposal includes a replacement of a single wide manufactured home with a double wide and newer manufactured home. The property owner can apply for this waiver only one time per property starting from the date of adoption of this ordinance. Additionally, the proposal should result in aesthetic improvement to the neighborhood. C. The design standards required in TMC Section 18.50.220.A (4) may be modified by the Community Development Director as a Type 2 Special Permission decision. The design of an attached ADU that does not reflect the design vocabulary of the existing primary residence may be approved if the new portion of the structure exhibits a high degree of design quality, including a mix of durable exterior materials, detailing, articulation and modulation. Section 11. TMC Section Adopted. TMC Section 18.50.220, "Accessory Dwelling Unit (ADU) Standards," is hereby established to read as follows: 18.50.220 Accessory Dwelling Unit (ADU) Standards A. General Standards. 1. Detached ADUs may only be built on lots that meet the minimum lot size required in the Zoning District they are located within. Attached ADUs have no minimum lot size requirement. 2. Only one ADU, either attached or detached, is permitted per parcel containing a single-family dwelling. 3. Attached ADUs may occupy a maximum of 40% of the square footage of the primary single-family dwelling (excluding the area of any attached garage) or up to 1,000 square feet, whichever is less. 4. Attached ADUs created through additions to the primary single-family dwelling shall be consistent with the roof pitch, materials and window type of the existing structure. 5. Detached ADUs may be a maximum of 800 square feet. If built over a detached garage, the detached garage would not count toward the area limit for the ADU. 6. Detached ADUs may be up to 20 feet in height, except that an ADU built over a detached garage may be up to 25 feet in total height. 7. Detached ADUs must be set back at least as far from the street as the primary single-family dwelling. This does not apply to the second front of a through or corner lot, where the unit is incorporated into an existing structure, or where there is at least 60 feet between the existing single-family dwelling and the front property line. 8. ADUs should be designed and located in a manner that minimizes the impact on adjacent development. This can be achieved by avoiding window and door placement directly across from openings on neighboring structures or where that is not W: Word Pro singkOrdinances‘ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 15 of 18 53 practical using clerestory windows or obscure glass. Screening with fences and landscaping can be used to limit visibility of ADUs and enhance privacy. 9. The ADU may not be sold as a condominium or otherwise segregated in ownership from the primary single-family dwelling. 10. ADUs may not be rented for periods of less than 30 days. B. Parking. 1. One off-street parking space must be provided for each studio or one bedroom ADU, with one additional space required for each additional bedroom. 2. These ADU parking spaces are in addition to any parking spaces required for the primary single-family dwelling. 3. Tandem spaces are permitted. C. Owner Occupancy Requirement. 1. A person who owns at least 50`)/0 of the property must physically reside in either the ADU or the primary single-family dwelling. The owner's unit may not be rented to another party for any period of time. 2. The owner must provide documentation of their occupancy such as a vehicle or voting registration. Falsely certifying owner occupancy or failure to comply with the residency requirement shall result in the loss of ADU registration and penalties per TMC Chapter 5.06. 3. The owner or owners must sign and record an affidavit on forms provided by the City acknowledging that this requirement shall run with the land. 4. If the owner occupancy requirement is violated an owner shall either: a. Re -occupy one of the units, or b. Remove the elements of the accessory dwelling unit that make it a complete, separate dwelling unit. D. Failure to comply with any of the requirements of this section shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation and Order in accordance with TMC Section 8.45.070. Section 12. TMC Section Adopted. TMC Section 18.50.230, "Accessory Dwelling Unit (ADU) Registration Procedures," is hereby established to read as follows: 18.50.230 Accessory Dwelling Unit (ADU) Registration Procedures A. To gain the City's approval to establish an ADU, a property owner shall submit a registration form, sign and record an affidavit of owner occupancy, and obtain a building permit for any necessary remodeling or construction. B. All ADUs existing prior to the enactment of these requirements shall apply for registration within one year after the effective date of Ordinance No. 2581. Within the W: Word Processing \OrdinanceslADU regulations updated strike-thru 6-26- .doc NG:bjs Page 16 of 18 54 one-year amnesty period existing ADUs may be registered without meeting one or more of the following standards: 1. Exceeding the permitted height for a detached ADU. 2. Exceeding the permitted area for an attached or detached ADU up to a maximum of 1,200 square feet. 3. Only providing one parking space when the ADU requires 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. 17. See TMC Section 18.50.220 for accessory dwelling unit standards. 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. W: Word Processing \Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 17 of 18 55 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 01F ah y, MMC, City Cle APPROVED AS TO FORM BY: Filed with the City Clerk: 6-AD-/A7 Passed by the City Council n Published: .1, Effective Date: ' I- IF Ordinance Number: Attachment: Exhibit A, Table 18-6: Land Uses Allowed by District W: Word ProcessingkOrdinances1ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 18 of 18 56 See Table 18-2 for uses allowe 4- 0 N P_ E O a 0OO O O > Lb a,00 -0u c G; a) c C .` L C O N O d C o0 '-1 v0 N © u 3�0 Q co a L.- rx, a O � r.I co Oba)'u Q a) Y L Q) E MO a 0 11 0 }' .O > u C -0 -ato ucc"^ 2 E _ E 0 U 1n it,)0 -0 a OJ N 30 �! on E *0 w 0- a) v CO 0) 0 C 0 cc 73 N E E K 2 c o m J '0 33) 01 *0 C L 0 a O 0 O LL 0- d T ra C 0 Adult entertainment (subject to location 0 u 0 a 0) L 0 0) m c 0j m (-) c.3 C.3 m c 1) a c 0) onal State and E 0)) a 0 c C N 0 )0 N E `c 00 Q ted temporary indoor boa 0 c N 7 or 4 c 5 a (g N 'C <C c(0 Automobile a a a 00 C C ? 0) 0OD c co C ru L _Y -0 c -o R) 0 m N E C 10 a L c a)Y 0 N � � 7 Q) O vl 0 N us c C eo y v CU 0, f6 `-' v © a) N L o a) > a 0 L C O E 0 c n. or barber shops E 0 c m 00 0 ro v v •0 N 0) 0J 0- a, N 0 00 00 -0 0 ra Y 10 a CO m a a. rd or pool rooms C_) arding Homes a. c 0 *40 4Y1 0) 0 0 0. c 1a CU CU 00 c a E 0) 0 N N c 0) 0 V O a 0 N 0 r0 a) 0) 13) C 00 10 V 00 t 30 E c t3.! 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M$ O 0 (L) +, 0 .07 0. 0 tn 0 0 4-0 32, Theaters for live 67 68 Upcoming Meetings and Events September - October 2019 SEP 23 MONDAY SEP 24 TUESDAY SEP 25 WEDNESDAY SEP 26 THURSDAY SEP 27 FRIDAY SEP 28 SATURDAY Finance Committee 5:30 PM Hazelnut Conference Room City Council Committee of the Whole Meeting 7:00 PM Council Chambers Committee of the Whole Meeting to be immediately followed by a Special Meeting, . Community Development & Neighborhoods Committee 5:30 PM Hazelnut Conference Room Acts-6orflmissiea CANCELLED farriers' mar -cet Hosted by Food Innovation Network, Wednesdays (July 17 - Oct 16) 4:00 PM-7:00 PM Tukwila Village Plaza 14350 Tukwila International Blvd ® Planning Commission CANCELLED .` r 't *y: s y ,r SnackPack Volunteer Training & Orientation There are plenty of new positions in food assembly & distribution, food drives, annual auction and more. 7:00 PM - 8:30 PM Southcenter Community Baptist 14742 Macadam Rd S ALECY £ Acts s� a Ca rnittee Tukwila International Boulevard Action Committee Trash Pick -Up Day For more information, call Sharon Mann at 206-200-3616. y, N�� CHAT with Council President Hougardy. 10:00 AM - 12:00 PM Community Center SEP 30 MONDAY OCT 1 TUESDAY OCT 2 WEDNESDAY OCT 3 THURSDAY OCT 4 FRIDAY OCT 5 SATURDAY Library Advisory Board 5:30 PM Community Center far *ors. mar {et Hosted by Food Innovation Network. Wednesdays (July 17- Oct16) 4:00 PM - 7:00 PM Tukwila Village Plaza 14350 Tukwila International Blvd . Equity & Social Justice Commission 5:15'PM Hazelnut Conference Room r `< TUK A 2019 Green Tukwila Day, Live Music, Plantings & More! Volunteers will prepare Tukwila Park for the fall planting season. The event is family friendly and open to all ages! 9:00 AM - 12.00 PM Tukwila Park 15460 65th Ave S To sign-up, visit www.TukwilaWA.gov/ greentukwila. aSS y Passport Acceptance Fair Walk-ins only. 8:30 AM - 3:30 PM King County Community Service 919 SW Grady Way O Community Sock Drive Begins in October Many people are surprised to hear that socks are the least -donated clothing items and yet the most in -demand for needy locals. Help keep toes warm for Tukwila residents by bringing new socks, any size to the Tukwila Community Center during the month of October: All donated socks will be given out during our Spirit of Giving event in December. Arts Commission: 4th Wed., 6:00 PM, Tukwila Community Center, Contact Tracy Gallaway at206-767-2305. . Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. (2A) Entry and wayfinding signage. (2B) Lodging Tax 6-Year Financial Model and ending fund balance. (2C) Approval to submit a grant application for$100,000 to increase housing supply and affordability based on House Bill 1923. (2D) A resolution restating the City"s commitment to being diverse, tolerant and inclusive. . Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conference Room. Contact Niesha Fort -Brooks at 206-454-7564. Finance Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. (2A) A resolution authorizing the cancellation of abandoned or unclaimed property for 2019 reporting. (2B) A resolution ordering the cancellation of uncollectable accounts receivable. (2C) 2019 2"d Quarter Financial Report. (20) Update on non -represented employees` compensation: (2E) Cash and Investment report. (2F) RCW 35.103: Fine Departments —Performance measures. . Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332. . Planning Commission/Board of Architectural Review: 4th Thurs., 630 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. Transportation and Infrastructure Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conference Room, Contact Laurel Humphrey at 206-433-8993. . Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 59'^ Avenue 5. Contact Louise Jones -Brown at 206-244-4478, Tukwila International Boulevard Action Committee: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Bruce Linton at 206-433.1815. 69 Tentative Agenda Schedule MONTH MEETING 1 - REGULAR MEETING 2 - C.O.W. MEETING REGULAR 3 - MEETING 4 C.O.W. September 3 (TUESDAY) 9 16 23 See agenda packet cover sheet for this week's agenda: September 23, 2019 Committee of the Whole Meeting C.O.W. Meeting to be followed by Special Meeting. October 7 Appointments 14 21 28 - A proclamation recognizing October 2019 as "Domestic Violence Awareness Month." - Appointments to Arts Commission, Library Advisory Board and Park Commission. 70