HomeMy WebLinkAboutPlanning 2023-09-14 ITEM 7B - PUBLIC HEARING - ACCESSORY DWELLING UNITS, PARKING AND MISCELLANEOUS UPDATES IN TITLE 17 & 18 - STAFF REPORTFILE NUMBERS:
REQUEST:
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Nora Gierioff, AICP, Director
PUBLIC HEARING:
LOCATION:
STAFF:
ATTACHMENT:
STAFF REPORT TO THE PLANNING COMMISSION
Prepared August 31, 2023
L23-0092 Comprehensive Plan/Zoning Code Amendment
E23-0008 SEPA Review for Non -Project Action
Consider amendments to Zoning Code text detailed in the staff report.
The Planning Commission will hold a public hearing on the proposed
amendments and make recommendations to the City Council for review
and adoption.
September 14, 2023
Citywide
Neil Tabor, AICP, Senior Planner
A. Proposed Zoning and Subdivision Code Changes in
Strikeout/Underline Format
B. Proposed Zoning and Subdivision Code Changes in Changes
Integrated Format
ISSUE
Should staff make amendments to development regulations within TITLE 17 — SUBDIVISIONS
AND PLATS and TITLE 18 — ZONING to comply with changes in state law, correct errors
identified, amend regulatory requirements, and clarify the code and comprehensive plan
amendment process?
BACKGROUND
Staff has identified a number of areas of Tukwila's code that will be impacted by recent changes
in state law, are ambiguous in their current form, or could be amended to provide a clearer and
more efficient process.
Due to the amount of recent state legislation that will require code amendments by June 2025,
and the time required with the Planning Commission and City Council for the comprehensive
plan update, staff suggests separating state law mandated code amendments into multiple
code amendment packages, and pairing these items with other beneficial amendments as
capacity allows.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98IS8 • 206-433-1800 • Website: TukwilaWA.gov
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STAFF REPORT
Code Amendment Package
September 14, 2023
Page 2 of 4
CODE AMENDMENT TOPICS AND DISCUSSION
1. Accessory Dwelling Units (ADUs)
• Amend TMC 17.14.060 to allow ADUs to use the unit lot subdivision process
• Amend TMC 18.06.016 to update ADU definition
• Amend TMC 18.50.220 ADU standards to comply with upcoming updates to state law
• Remove TMC 18.50.230 regarding ADU Owner Occupancy Compliance
EHB 1337 was passed in the 2023 legislative session, which requires Tukwila, and other
jurisdictions across the state, to amend accessory dwelling unit (ADU) regulations to comply
with certain minimum allowances. Tukwila's regulations currently exceed these limits. Staff
suggests adopting this update to preserve additional Planning Commission and staff time for
other required work that will be necessary over the next year and a half.
Major updates required to comply with standards within EHB 1337 include:
• Removing owner -occupancy requirements
• Increasing the number of ADUs permitted per lot from one to two
• Increasing the maximum size allowance from 800 sqft to 1,000 sqft
• Allowing ADUs to be sold to separate owners through the condo process
• Updating parking requirements for ADUs near transit to comply with RCW 36.70A.698
2. Parking Near Transit Requirements
• Amend Figure 18-7 to update parking standards to comply with state requirements
SHB 2343 became effective on June 11, 2020, codified in RCW 36.70A.620, limiting the amount
of parking jurisdictions can require for market rate housing, very low, and extremely low-
income housing, and housing for seniors or persons with disabilities near transit. Staff proposes
updating the parking table (Figure 18-7) to comply with this existing state requirement.
3. Comprehensive Plan and Development Regulations Amendment Process
• Amend TMC 18.80 to remove references to amending development regulations and
clarify comprehensive plan amendment docketing process
• Create TMC 18.82 "Amendments to Development Regulations"
• Amend TMC 18.84 to clarify sequencing of site specific rezones with annual
comprehensive plan amendments
STAFF REPORT
Code Amendment Package
September 14, 2023
Page 3 of 4
Staff proposes separating the process for amendments of the comprehensive plan and
development regulations through creation of a new section of municipal code, TMC 18.82
"Amendments to Development Regulations". The state Growth Management Act (GMA)
restricts amendments to the comprehensive plan to only once a year, while development
regulations are not bound to the same restriction and multiple amendments may be needed
per year based on changes to state law, court rulings, identification of errors or inconsistencies
in code, interpretations, or implementation of other planning projects.
It is the intent that separation of these two processes will provide more flexibility to update
development regulations to keep up with changes in state requirements, more efficiently
distribute staff workload, and provide more clarity to applicants.
Proposed amendments to TMC 18.84, Requests For Changes In Zoning, clarify the timeline and
sequencing of rezone requests to comply with GMA limitations of how often the
comprehensive plan can be updated and provide clarity to applicants.
4. Home Occupation Standards
• Modify TMC 18.06.430 to remove regulations from home occupation definition
• Create TMC 18.50.240 section "Home Occupations"
Staff is proposing to remove home occupation, or home-based business, standards from the
definition of the term and create a new section with these standards. Staff also proposes to add
other standards to limit the impact of home occupations on their surrounding neighborhoods.
Per the advice of legal staff, a distinction for allowances between typical home-based
businesses and those with special protections under Washington State law is also proposed.
5. Wireless Communication Facility Permit Application Types and Procedures
• Amend TMC 18.104 to reflect accurate wireless facility terminology
Staff identified provisions within the permit application types and procedures that are not
consistent with language that was updated with the last wireless code update. The proposed
draft code amends the items listed in the tables within TMC 18.104 for consistency with the
language for these types of applications within TMC 18.58, Wireless Communication Facilities.
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STAFF REPORT
Code Amendment Package
September 14, 2023
Page 4 of 4
6. Variance Requirements for Lot Area
• Amend TMC 18.70.030 to modify when a lot that is substandard due to lot area needs
to apply for a variance prior to development
Current regulations require that development on lots not meeting the minimum lot area
receive a variance prior to developing even a single-family home. This change would provide
lots not meeting the lot area minimums with the ability to develop without a variance if all
other development standards (setbacks, lot coverage, environmental, etc.) are met. Removing
the variance requirement would remove a barrier to development that adds additional
unnecessary cost and time to development, as well as staff time. Roughly 20% of Low Density
Residential (LDR) lots in Tukwila do not meet the minimum lot size requirements and would
require a variance if developed or redeveloped.
7. Amend Footnote Referencing Tukwila South Residential Design Manual
• Amend Table 18-6 to remove footnote #14 and reference in table
Staff identified a footnote reference that is now out of date after the adoption of the Tukwila
South Residential Design Manual and proposes removing this footnote and reflecting in the
table.
FINANCIAL IMPACT
N/A
REQUESTED ACTION
Hold the public hearing on the proposed code amendments, review the amendments, and
forward the language as proposed or amended to the City Council for review and adoption.
ATTACHMENTS
A. Draft code amendments (strikeout/underline format)
B. Draft code amendments (changes integrated format)
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