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HomeMy WebLinkAboutCOW 2024-07-22 Item 5B - Ordinance - Tiny Home Village RegulationsCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 7/22/24 NG 8/5/24 NG ITEM INFORMATION ITEM No. 5.B. STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 7/22/24 AGENDA ITEM TITLE Tiny Home Village Ordinance CATEGORY ® Discussion Mtg Date 7/22/24 SPONSOR Motion Aft Q Date Resolution h1tg Date Council ❑ Mayor ❑ Admin Svcs ® DCD ® Ordinance 1Date 7/22/24 Bid Award MtQ Date Finance ❑ Fire ❑ Public Hearing Alt p Date ❑ Other AItg Date ❑ P&R ❑ Police ❑ PIG SPONSOR'S SUMMARY The proposal is to enact specific regulations for Tiny Home Villages consistent with the City's approach to other forms of emergency housing. This is a residential model where clients are screened, admitted, and assigned a space for the duration of their stay. On -site services such as laundry, hygiene, meals, case management, and social programs would be limited to residents. The Council is being asked to consider and approve the ordinance. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC DATE: 7/ 8/ 24 ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $0 AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 7/22/24 8/5/24 MTG. DATE 7/22/24 8/5/24 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 7/8/24 (revised after 7/8 PCD Committee) Draft Ordinance (revised after 7/8 PCD Committee) Minutes from the PCD Committee meeting of 4/8/24 Minutes from the Planning Commission meeting of 6/27/24 Minutes from the PCD Committee meeting of 7/8/24 (distributed separately) 33 34 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development FROM: Nora Gierloff, DCD Director CC: Mayor McLeod DATE: July 8, 2024 Updated 7-22-24 SUBJECT: Zoning Code Updates for Tiny Home Villages ISSUE Should Tukwila enact specific regulations for Tiny Home Villages? The City has previously permitted two villages under the emergency shelter regulations but the current proposal is to enact specific regulations tailored to this housing type. BACKGROUND In 2021 Tukwila amended its Zoning Code to address the State requirement in HB 1220 that indoor emergency shelters and indoor emergency housing be permitted in any zones where hotels are allowed and that permanent supportive housing and transitional housing be permitted in all zones that allow residences or hotels. At that time Tukwila did not enact specific regulations for Tiny Home Villages (THV). Proposed definition: "Tiny Home Villages" means temporary shelter comprised of two or more sleeping structures up to 120 square feet in size with common hygiene and kitchen facilities managed by a host organization which provides on -site services. This proposal was presented to the City Council's Planning and Community Development Committee on April 8, 2024 who then forwarded it to the Planning Commission for a recommendation. At that time the proposal also included updates to regulations for other types of emergency and supportive housing but the two issues have been separated with only THV moving forward at this time. The State Department of Commerce recently released new guidance for regulating shelters, transitional housing, emergency housing and permanent supportive housing (collectively referred to as STEP) and staff is evaluating how that affects Tukwila's regulations. The Planning Commission held a work session on the THV topic on May 23rd and a public hearing on June 27th. Attachment A contains the PC recommended ordinance. The only change the PC made to the draft ordinance was to delete THV from the Low Density Residential (LDR) Zone in the Zoning Code use table. The City Council's Planning and Community Development Committee reviewed the PC recommended ordinance on July 8, 2024 and made the following changes: • Added back THV to the LDR Zone - unanimous • Struck language that would have allowed government agencies to host THV — unanimous • Changed the maximum number of THV on a site from 45 to 30 — 2 in favor 35 INFORMATIONAL MEMO Page 2 The ordinance in Attachment A reflects these changes. DISCUSSION Cities may enact reasonable occupancy, spacing, and safety requirements for temporary tiny home villages to protect public health and safety so long as the conditions do not preclude the siting of these villages by religious institutions per RCW 35A.21.360 Hosting the homeless by religious organizations —When authorized —Requirements —Prohibitions on local actions. The PC recommendation is to use a similar framework to the standards Tukwila has adopted for other types of emergency housing. This is a residential model where clients are screened, admitted, and assigned a space for the duration of their stay rather than a day or night shelter model where people must leave with their belongings each day. On -site services would be limited to residents and not offered for drop in use. The stability offered by this model has better outcomes for the clients and fewer impacts on the surrounding neighborhood. Therefore, the draft ordinance contains the following standards: 1. It must be a 24-hour-a-day facility where tiny homes are assigned to specific residents for the duration of their stay. 2. On -site services such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the facility and not available for drop -in use by non-residents. 3. The maximum number of units permitted on a site is constrained by adherence to life safety, infrastructure, and environmental codes but in no case will more than 45 units be permitted. (PCD changed to 30 unit max) 4. A Memorandum of Agreement between the host organization and the city per TMC 18.50.270 must be executed prior to the start of construction. In addition, the following standards contained in RCW 35A.21.360 would also apply: 1. The duration of the village will be for a minimum of a one-year term that is renewable according to the terms of a memorandum of understanding agreed to by the host organization and City. 2. The maximum unit square footage is one hundred twenty square feet each, with units set at least six feet apart. 3. Electricity and heat must be provided and are subject to inspection by the City. 4. Space heaters, if provided, must be approved by the local fire authority. 5. Doors and windows must be included and be lockable, with the managing agency and host organization also possessing keys. 6. Each unit must have a fire extinguisher. 7. Adequate restrooms and hygiene facilities must be provided, including restrooms solely for families if present, along with handwashing and potable running water to be available if not provided within the individual units, including accommodating black water. Transit Access Originally staff had proposed a requirement that villages (like other types of emergency housing) be located within a half mile walking distance of a bus or rail transit stop which was intended to allow these transit dependent populations to reach services and employment. However, the City cannot preclude a religious organization from hosting a village regardless of the distance to transit so that criterion has been dropped. Unit Count 36 INFORMATIONAL MEMO Page 3 Setting a unit count of 45 would allow potential expansions of the two existing villages in Tukwila. Miracle Village has 30 units and Riverton Village has 22. However, not all sites may accommodate this number due to the need to meet Fire Code, access requirements, critical area setbacks, infrastructure requirements, etc. Facility Operator In addition to religious institutions, the Planning Commission recommended draft code allows villages on sites owned or controlled by a government agency such as Tukwila or King County. The PCD Committee struck this language. Location The original proposal was to allow THV as accessory uses in all zones that allow religious institutions. The Planning Commission recommendation was to not allow THV in the Low Density Residential (LDR) zoning district. Many of Tukwila's religious organizations, including Riverton Park United Methodist Church, are located within the LDR zone, so not allowing THV there would create a conflict with State law. If the ordinance is not amended to align with the rights afforded to religious organizations under RCW 35A.21.360, the City could be subject to a legal challenge. The PCD Committee addressed this conflict by adding THV back into the LDR Zone. FINANCIAL IMPACT Passage of the ordinance would not result in any direct costs to the City. RECOMMENDATIONS A. On the advice of the City Attorney's Office, staff recommends that Council amend the use table in the PC draft ordinance to allow THV in LDR Zoning consistent with current uses and to avoid a conflict with State Law for the LDR zone. B. The Council is being asked to approve the ordinance as proposed or amended and consider this item at the July 22, 2024 Committee of the Whole meeting and subsequent August 5, 2024 Regular Meeting. ATTACHMENTS A. PCD Amended Planning Commission Recommended Draft Ordinance 37 38 NOTE: Shaded text reflects changes made after discussion at the 7/8/24 Planning & Community Development Committee meeting. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING A DEFINITION FOR TINY HOME VILLAGES; ESTABLISHING A NEW TUKWILA MUNICIPAL CODE (TMC) SECTION 18.50.240 TO REGULATE TEMPORARY TINY HOME VILLAGES; AMENDING TMC SECTION 18.50.270 AND TABLE 18-6, "LAND USES ALLOWED BY DISTRICT;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, a regional housing shortage and unaffordable housing costs have led to an increase in the unhoused population in our region; and WHEREAS, some religious institutions find it within their mission to offer support and shelter to unhoused persons; and WHEREAS, the City Council desires to develop reasonable occupancy, operational, and safety requirements for temporary tiny home villages to protect public health and safety so long as the conditions do not preclude the siting of temporary tiny home villages by religious institutions per RCW 35A.21.360, and WHEREAS, the City Council finds that temporary tiny home villages offer a level of security and privacy that support stability and the movement into permanent housing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings of Fact. The City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below comply with the requirements of the Washington State Growth Management Act and the Tukwila Municipal Code. 2024 Legislation: Establish Tiny Home Village Regs Version: 7/2/24 Staff: N. Gierloff Page 1 of 4 39 Section 2. New Definition Adopted. A new section is hereby added to the Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Tiny Home Villages "Tiny Home Villages" means temporary shelter comprised of two or more sleeping structures up to 120 square feet in size with common hygiene and kitchen facilities managed by a host organization which provides on -site services. Section 3. Regulations Established. A new TMC Section 18.50.240 is hereby established to read as follows: 18.50.240 Tiny Home Villages Tiny Home Villages are allowed on properties owned or controlled by a religious organization er „overnment agency subject to the following criteria: 1. It must be a 24-hour-a-day facility where tiny homes are assigned to specific residents for the duration of their stay. 2. On -site services such as laundry, hygiene, meals, case management, and social programs are limited to the residents of the facility and not available for drop -in use by non-residents. 3. The duration of the village will be for a minimum of a one-year term that is renewable according to the terms of a memorandum of understanding agreed to by the host organization and City. 4. The maximum unit square footage is one hundred twenty square feet each, with units set at least six feet apart. 5. Electricity and heat must be provided and are subject to inspection by the City. 6. Space heaters, if provided, must be approved by the local fire authority. 7. Doors and windows must be included and be lockable, with the managing agency and host organization also possessing keys. 8. Each unit must have a fire extinguisher. 9. Adequate restrooms and hygiene facilities must be provided, including restrooms solely for families if present, along with handwashinq and potable running water to be available if not provided within the individual units, including accommodating black water. 10. The maximum number of units permitted on a site is constrained by adherence to life safety, infrastructure, and environmental codes but in no case will more than 3045 units be permitted. 2024 Legislation: Establish Tiny Home Village Regs Version: 7/2/24 Staff: N. Gierloff Page 2 of 4 40 11.A Memorandum of Agreement between the host organization and the city per TMC 18.50.270 must be executed prior to the start of construction Section 4. TMC Section 18.50.270 Amended. Ordinance No. 2658 §9, as codified at TMC Section 18.50.270, "Memorandum of Agreement for Emergency Housing, Emergency Shelter, Permanent Supportive Housing or Transitional Housing," is hereby amended to read as follows: 18.50.270 Memorandum of Agreement for Emergency Housing, Emergency Shelter, Tiny Home Villages, Permanent Supportive Housing or Transitional Housing Prior to the start of operation, the City and facility operator shall develop and execute a Memorandum of Agreement containing, at a minimum, the following items: 1. A Good Neighbor Agreement addressing the following items: a. Quiet hours, b. Smoking areas, c. Security procedures, d. Litter, and e. Adequacy of landscaping and screening. 2. A Code of Conduct establishing a set of standards and expectations that residents must agree to follow. 3. A parking plan approved by the City showing that the facility has adequate parking to meet the expected demand from residents, staff, service providers and visitors. Residents may not park off -site and all vehicles must be operational. 4. A coordination plan with both the Police and Fire Departments, including protocols for response to the facility and to facility residents throughout the City and a maximum number of responses threshold for law enforcement services as established by calls for services in TMC Sections 5.60.040 through 5.60.060. If calls for law enforcement services exceed the agreed upon threshold in any given quarter, the facility operator will work with the City to reduce calls below the threshold level. 5. A requirement to provide regular reports to the City's Human Services Program Coordinator on how facilities are meeting performance metrics such as placement of residents into permanent housing or addiction treatment programs. 6. Any other terms required for consistency with RCW 35A.21.360.- Section 5. TMC Table 18-6, "Land Uses Allowed by District," Amended. Ordinance No. 2718 §7, as codified at TMC Table 18-6, "Land Uses Allowed by District" is hereby amended as forth in the amended Table 18-6 attached as Exhibit A. 2024 Legislation: Establish Tiny Home Village Regs Version: 7/2/24 Staff: N. Gierloff Page 3 of 4 41 Section 6. Corrections by City Clerk or Code Reviser Authorized. 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 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. 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 , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Thomas McLeod, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A, Table 18-6: "Land Uses Allowed by District" 2024 Legislation: Establish Tiny Home Village Regs Version: 7/2/24 Staff: N. Gierloff Page 4 of 4 42 Exhibit A — Table 18-6: Land Uses Allowed by District See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TS0 PRO Adult day care A A A A A A A P Adult entertainment (subject to location restrictions') P P P P P P P Airports, landing fields and heliports (except emergency sites) U U U U U U U Amusement Parks C C C C C C P Animal rendering U P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs = no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P P P P P P P Bed and breakfast lodging for not more than twelve guests5 C C C Bed and breakfast lodging (no size limit specified) C P Bicycle repair shops P P P P P P P P P P P P P Boarding Homes C C Brew Pubs P P C P P P P P P P P P P Bus stations P P P P P P P P P P Cargo containers (*see also TMC 18.50.060) A&S A&S A&S A&S A&S A&S P P P P P Cement manufacturing U U U U U U Cemeteries and crematories C C C C C C C C C C C C Colleges and universities C C C C C C C C C6 C6 C6 P Commercial laundries P P P P P P P Commercial Parking (Commercial parking is a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged. TMC Section 18.06.613) P7 P7 P7 P7 P7 P8 P8 P8 Adopted 2016 — Ordinance No. 2500 Last Amended 20243 — Ordinance No. 2482731 W Page 1 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C=Conditional(subjecttoTMC18.64); U=Unclassified(subjecttoTMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/LI LI HI MIC/L MIC/H TVS T50 PRO Contractor storage yards P P P P P P Continuing care retirement facility C C C C C C C P Convalescent & nursing homes & assisted living facility for not more than twelve patients C P P P C P P P P P P Convalescent & nursing homes & assisted living facility for more than twelve patients C C C C C C C P Convention facilities P P P P P P P Correctional institutes U11 U U U Daycare Centers (not home -based) P P P P P P P P P P P P P P P Daycare Family Home (Family Child Care Home)12 A A A A A A A A A A A Diversion facilities and diversion interim services facilities south of Strander Blvd U Domestic Shelter P P P P P Dormitory C C C A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 Drive-in theatres C C C C C C Dwelling — Detached single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per existing lot permitted in MUO, 0, RCC, NCC, TVS. P P P P P P P P P Dwelling- Detached Zero -Lot Line Units P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units P P Dwelling- Townhouses P P Dwelling —Multi-family P P14 P Dwelling — Multi -family units above office and retail uses P P P P C15 22/ ac P Dwelling —Senior citizen housing, including assisted living facility for seniors see purpose section of chapter, uses sections, and development standards P meeting density and all other MDR standards p 60/ac P 60/ac P 60/ ac p 60/ac P 60/ac C15 100/ ac p Dwelling unit — Accessory 16 A A A A A A A A A Electrical Substation — Distribution C C C C C C C C C C C C C C P Electrical Substation —Transmission/Switching U U U U Page 2 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM CA I LI HI MICA MIC/H TVS TSO PRO Electric Vehicle Charging Station — Level 1 and Level 2 A A A P P P P P P P P P P P P P Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) A A A A A A PP P P P P P P P P Emergency Housing P37 P37 P37 P37 P37 P37 P37 P37 P37 Emergency Shelter P37 P37 P37 P37 P37 P37 P37 P37 P37 Essential public facilities, except those uses listed separately in any of the other zones U U U U U U U U U Extended -stay hotel P34 P P P P P P Farming and farm -related activities P P Fire & Police Stations C C C C C CCC C C C C C C C P Fraternal organizations P P CPP P P P P P P Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as residence and is subject to the regulations affecting the main building A A Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft A A A A Greenhouses or nurseries (commercial) P P P P P P P P P Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) C C Heavy equipment repair and salvage P P P P P P Helipads, accessory C Home Occupation (Permitted in dwellings as covered in TMC Section 18.06.430.) A A A A A A A A A A Hospitals C C C C C C C C P Hotels P34 P P P P C C P P Hydroelectric and private utility power generating plants U U U U U U U U Industries involved with etching, film processing, lithography, printing and publishing P P P P P P P P P Internet Data/Telecommunication Centers C P P P P P P P Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions U U U U U U U U U U U U U U U Laundries; self -serve, dry cleaning, tailor, dyeing P P P P P P P P P P P P P Libraries, museums, or art galleries (public) C C P P P C P P P P P P P P P P Manuf./Mobile home park 17 C P Page 3 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 Rcc NCC RC RCM CA I LI HI MIC/L MIC/H TVS TSO PRO Manufacturing and industrial uses that have little potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts or pollution: A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P18 P P P P P P P P P B) Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood P18 P P P P P P P P P C) Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment P18 P P P P P P P P P D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) i) Fermenting and distilling included P P P P ii) No fermenting and distilling P18 P P P P P Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts: (A) Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C C P C P C (B) Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses C C P C P C (C) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging C C C P P P P C D) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment P P P P P C E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering C P Page 4 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L LI HI MIC/L MIC/H TVS T50 PRO Manufacturing that includes rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C C P C P C C Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials U U U U Marijuana producers, processors, or retailers (with state issued license) P P P19 Mass transit facilities U U U U U U U U U U U U U U U U Medical and dental laboratories P P P P P P P P P Minor expansion of an existing warehouse 20 S Mortician and funeral homes P P P P P P C Motels P P P P P C C P P Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, computer software development, business, e.g. travel, real estate & commercial P22 P P22 P23 P P P P P P9 C10 P24 C25 P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing P Park & ride lots C C C C C C C C C C C C Parking areas A A A A A A A A A A A A A A A A Parking areas, for municipal uses and police stations C C C C C C C C C C C C C C C P Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation P P P P P P P P P P P P P P P P P Pawnbroker/Payday lender C C P P P P P Permanent Supportive Housing P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 P38 Planned Shopping Center (mall) P P P P P P P26 Radio, television, microwave, or observation stations and towers C C C C C C C C C C C C C C C C Railroad freight or classification yards U U U U Railroad tracks (including lead, spur, loading or storage) P P P P P P Page 5 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO Recreation facilities (commercial — indoor) — athletic or health clubs i P P P P P P P P C3 P P P Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges C P P P P P P Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields C C C C Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C C C C C C C C C C C C P Recreational area and facilities for employees A A A A A A A A A A A A A Religious facilities with an assembly area less than 750 sq.ft. C C C P P P P P P P P P P P Religious facilities with an assembly area greater than 750 sq.ft. and associated community center buildings C C C C C C C C C C C C C C Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U U U U U U Rental of vehicles not requiring a commercial driver's license P36 P P P P P P P P Rental of commercial trucks and fleet rentals requiring a commercial I driver's license P P P P P P P Research and development facilities P P Residences for security or maintenance personnel A A A A A A A A A A A A A Restaurants, drive -through permitted P35 P P P P P P P P Restaurants, drive -through not permitted P P C P Retail, General P P4 P P35 P35 P P P P C3 C3 P p Sales and rental of heavy machinery and equipment subject to landscaping requirements of TMC Chapter 18.52* P P P P P P P Salvage and wrecking operations P P C Salvage and wrecking operations which are entirely enclosed within a building P P P P Sanitariums, or similar institutes C Schools and studios for education or self-improvement P P P P P P P P P P9 C10 P27 P P Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools C C C C C C C C C C C P (public only) Secure community transition facility 28 U Page 6 P = Permitted outright; A = Accessory (customarily appurtenant and incidental to a permitted use) ; C = Conditional (subject to TMC 18.64); U = Unclassified (subject to TMC 18.66); S = Special Permission (Administrative approval by the Director) LDR MDR HDR MUO 0 RCC NCC RC RCM C/L I LI HI MIC/L MIC/H TVS TSO PRO Self -storage facilities P P P P P P P P P Sewage lift station U U U U U U U P Shelter P P P P P Stable (private) A29 A29 A29 P Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to TMC Chapter 18.52 P P P P P P P P P Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required P P P C C Storm water - neighborhood detention + treatment facilities U U U U U U U P Storm water pump station U U U U U U U Studios — Art, photography, music, voice and dance P P P P P P P P P Taverns, nightclubs P P P P P P30 P30 P P Telephone exchanges P P P P P P P P P P P P Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code P P P P P P P P31 Tiny Home Villages39 P P P P P P p p p PPP P Tow -truck operations, subject to all additional State and local regulations P P P P P P P Transfer stations (refuse and garbage) when operated by a public agency U U U U Transitional Housing P38 P38 P38 P38 P38 P38 P38 P38 P38 p38 P38 P38 P38 P38 P38 P38 Truck terminals P P P P P P Utilities, regional C Vehicle sales lot2 P32 P P P P P P Vehicle service station P33 P33 P P P P P P P P Vehicle storage (no customers onsite, does not include park -and -fly operations) P Warehouse storage and/or wholesale distribution facilities P P P P P P P P Water pump station U U U U U U U P Water utility reservoir and related facilities U U U U U U U Wireless Telecommunications Facilities (*see TMC Ch. 18.58) P P P P P P P P P P P P P P P P P Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: a. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b. Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. Page 7 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. (3) 2. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g. drive-ins, service stations). 5. Bed and breakfast facilities, provided: a. the manager/owner must live on -site, b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. Commercial parking; provided it is: a. a structured parking facility located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use; or b. a surface parking facility located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 8. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. Page 8 9. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 11. Correctional institution operated by the City of Tukwila. 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 14. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South, subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 15. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed -use development that is non -industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 16. See TMC Section 18.50.220 for accessory dwelling unit standards. 17. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 18. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. These businesses may manufacture, process, assemble and/or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk-in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk-in basis and meeting the City's performance standards. 19. Where the underlying zoning is HI or TVS. Page 9 20. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 21. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 22. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 23. Offices, when such offices occupy no more than the first two stories of the building, or basement and floor above, or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard. 24. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 25. Offices not associated with other permitted uses and excluding medical/dental clinics, subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09/20/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the turning basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 26. Planned shopping center (mall) up to 500,000 square feet. 27. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. 28. Secure community transition facility, subject to the following location restrictions: a. No secure community transition facility shall be allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any residential zone. (2) Adjacent to, immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; Page 10 (c) Licensed day care and licensed preschool facilities; (d) Public parks, publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues, temples and mosques; and (g) Public libraries. (3) One mile from any existing secure community transitional facility or correctional institution. b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and Health Services guidelines established pursuant to RCW 71.09.285, which is by following a straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 29. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 30. No night clubs. 31. Theaters for live performances, not including adult entertainment establishments and movie theaters with three or fewer screens are permitted. Movie theaters with more than three screens will require a Special Permission Permit. 32. Automotive sales must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. Pre-existing legally established automotive sales where existing parking lots abut the public frontage must provide effective visual screening of the parking lot from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 33. Allowed; however, if in the TIB Study Area, as set forth in Figure 18-60, the following conditions apply: Outdoor storage of vehicles, tires, or other materials used for service is not permitted. Gas stations are permitted if the pumps and parking are located behind the building, the pumps meet the setback requirements, and the pumps comply with building and fire codes. Queuing lanes are not permitted between buildings and back of sidewalk. Wholesale distribution and storage of fuel (e.g. natural gas, propane, gasoline) are not permitted in the TIB Study Area. Pre-existing legally established automotive service uses with outdoor storage or parking abutting the public frontage must provide effective visual screening of the parking and outdoor stored materials from sidewalks (or street if no sidewalk currently exists) using Type II landscaping when any of the following occurs: an expansion or alteration of the structure, a change of ownership, or when the business is vacated or abandoned for more than 24 consecutive months and a new business is proposed. 34. Allow if the following are provided: a full -service restaurant and a Class A liquor license, 24-hour staffed reception, all rooms accessed off interior hallways or lobby, and a minimum 90 rooms. 35. Allowed, however if in the TIB Study area, as set forth in Figure 18-60, the following conditions apply: Drive -through facilities are permitted when located behind a building. Queuing lanes are not permitted between buildings and public frontage sidewalks. Where the use is located on a corner or with access to an alley, drive-throughs must exit to a side street or an alley that connects to a side street, where feasible. 36. Automotive rentals must have an enclosed showroom with no outdoor storage of vehicles. Pre-existing legally established uses in the TIB Study Area, as set forth in Figure 18-60, on December 15, 2020, are exempt from the enclosed showroom requirement, provided the use is limited to the existing parcel(s) currently occupied on that date. Page 11 37. Subject to the criteria and conditions at TMC 18.50.250 and 18.50.270. 38. Subject to the criteria and conditions at TMC 18.50.260 and 18.50.270. 39. Tiny Home Villages are permitted, subject to the criteria and conditions at TMC Sections 18.50.240 and 18.50.270. Page 12 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes April 8, 2024,5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams Councilmembers Present: Dennis Martinez, Chair; Tosh Sharp, Armen Papyan Staff Present: Marty Wine, Nora Gierloff Chair Martinez called the meeting to order at 5:30 p.m. BUSINESS AGENDA A. Zoning Code - Tiny Home Villages and Emergency Housing Staff briefed the committee on proposed changes to the Zoning Code that would address Tiny Home Villages and Emergency Housing, and requested approval to forward to the Planning Commission for a hearing and recommendation. Item(s) for follow-up: • Provide information on the numbers of shelters, tiny house villages and other housing solutions in the region. • Forward proposal to Planning Commission that includes: a correlation with the maximum number of units and the size of the site; allowing a fenced site with a controlled entrance in the absence of an internal hallway; retaining the half -mile separation requirement; and regulating facility size by number of units rather than occupants. Committee Recommendation Forward to Planning Commission. MISCELLANEOUS The meeting adjourned at 6:44 p.m. DR Committee Chair Approval 55 56 City of Tukwila Thomas McLeod, Mayor Department of Community Development - Nora Gierloff, AICP, Director CITY OF TUKWILA PLANNING COMMISSION (PC) MINUTES Meeting Date: June 27, 2024 Time: 6:30 p.m. Location: Hybrid Meeting - via Microsoft Teams / Public, In -Person Attendance, Council Chambers, 6200 Southcenter Blvd., Tukwila, WA 98188 Call to Order Chair Probst called the Tukwila PC meeting to order at 6:30 p.m. Roll Call The PC Secretary took roll call. Present: Chair Martin Probst; Commissioners Louise Strander, Ann Durant, Jane Ho, Richard McLeland Wieser, Alex Kaehler, and Jacob Halverson Staff: Director Nora Gierloff, American Institute of Certified Planners (AICP), Department of Community Development (DCD); Development Supervisor Max Baker, AICP, DCD; Associate Planner Issaac Gloor, DCD; and PC Secretary Wynetta Bivens, DCD Amendment of the Agenda None. Approve Minutes Commissioner Strander moved to approve the 3/14/24 minutes. Commissioner Durant seconded the motion. Motion carried. Commissioner McLeland Wieser moved to approve the 5/23/24 minutes. Commissioner Kaehler seconded the motion. Commissioner Strander and Durant abstained as they were absent. Motion carried. Written General Public Comments No submittals. New PC Member Introduced Jacob Halverson Old Business None. New Business A. File Number L24-0026 - Tiny Home Village (THV) — Zoning Code Amendment Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 57 Planning Commission Minutes 6/27/24 Page 2 Purpose: Consider amendments to enact specific regulations for THVs and make recommendations to the City Council (CC) for their review and adoption. Location: Citywide Chair Probst asked staff to give the presentation. Director Nora Gierloff, DCD, gave the presentation for staff. She noted that a work session was held on this topic at the last PC meeting. She said that the proposed ordinance language would adopt regulations for THVs. She explained that THVs are individual small sleeping structures with shared hygiene and kitchens facilities, which are usually run by organizations that provide social services. This is one of the many types of housing options that provide shelter and support for people to exit homelessness. Currently, there are two THVs in existence in Tukwila, which were approved under the general umbrella of emergency housing. The city would like to adopt specific regulations to make it clear that THVs is an approved use in Tukwila, so people understand the requirements for a new THV or for expanding an existing one. THVs are allowed specifically for religious organizations under RCW 35A.21.360. The city is proposing using local control to require a residential model where individuals need to be vetted prior to admission. THVs are designed as temporary housing to help individuals get on their feet, then move on to permanent housing within approximately six months. This is different from drop -in shelters with a daily turnover in population. In addition to stating the essential services, the city is requesting that organizations hosting or operating a THV, and the city enter into a three-way Memorandum of Agreement to set out expectations, procedures, and to create a process for dispute resolution. The city did this with the existing THVs and found it to be helpful for working out operating procedures and giving the neighbors an opportunity to have a voice. Director Gierloff explained the maximum number of units on a site is 45 as a starting point. Staff discussed the topic with the Planning and Community Development (PCD) Council Committee to arrive at this number. However, not every site will be able to accommodate that number of units. The role of facility operator was also discussed. This is often a non- profit agency. Staff recommend extending this role to other government agencies as was discussed at the work session. Director Gierloff addressed several clarifying questions from the PC. Public Hearing Public Comment Letter There was one public comment letter received from Jan Bolerjak, prior to 5:00 pm 6/27, which was emailed to the PC upon receipt. Chair Probst opened the public hearing and asked staff to facilitate public comment. Public Testimony Marta Kidane, Community Engagement Manager, Low Income Housing Institute, a community outreach non- profit organization that provides resources and intentional shared safe spaces spoke. She said her organization is going to host a community meeting and provide information on what a THV is and what their Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 58 Planning Commission Minutes 6/27/24 Page 3 organization does for both the community and those in the THV. She said they provide 24-hour security with on -site cameras, a fence that blends in and on -site case management, which is very important. She said it is not just about the home itself but regaining connectivity and continued support for individuals to get permanent housing, an ID, a license, a social security card, and health services. A THV also provides resources if someone has a dependency issue, etc. There is a code of conduct and there are boundaries. She also offered to provide tours of the THV. Jon Grant, Chief Strategy Officer, Low Income Housing Institute, said he was there when the first THV development was being proposed. And he helped advocate for funding that was established for the Miracle Tiny Home Village and Riverton Park Village in Tukwila. He said they have been working very hard to make sure the programs are responsive to community needs. He provided some history and addressed a question raised by PC on the number of units at Riverton Park Church. He noted that the Low -Income Housing Institute operates 18 THVs around Puget Sound. It's an opportunity for more affordable housing and shelter. He said they would ask that the cap for a THV is no less than 45 units. The THV is the opposite of an encampment and adding homes to the Riverton Park Church site will mean not having tent encampments. There was no further public testimony. Chair Probst closed the public hearing. Recommendation Staff recommended PC move forward the zoning regulation for the THV to CC as proposed by staff. Motion and Deliberation r Commissioner Strander moved to forward the THV regulations to CC for their approval as amended to strike language in 18.50.240 allowing THV on properties owned or controlled by a government agency. Commissioner McLeland Wieser seconded the motion. Commissioner Halverson made a friendly amendment to amend 18.50.240 to prohibit THV on government owned property and areas zoned as public recreation overlay (PRO) in the zoning code Table 18-6. Director Gierloff said that per the use table, PRO is not a zone where THVs are proposed to be allowed. There was no second to the amendment. Motion to strike the government agency language failed. Commissioner Halverson moved to amend the staffs recommendation in Table 18.6 to prohibit THV in the Low Density Residential (LDR) zone. Commissioner Durant seconded the motion. The PC had an extensive discussion including what would qualify as a genuine religious organization. Director Gierloff pointed out that many of the City's religious organizations are in the LDR zone so the amendment could create a conflict with the rights of these organizations under RCW 35A.21.360. Motion carried. Four in favor. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 59 Planning Commission Minutes 6/27/24 Page 4 Chair Probst opened the second public hearing for: B. File Number: L24-0051 Purpose: Consideration of Zoning Code Amendments relating to Accessory Dwelling Units (ADUs) Location: Citywide Chair Probst asked staff to give the presentation. Associate Planner Isaac Gloor, DCD, gave the presentation for staff This item is pertaining to changes to Title 18, the City's Zoning Code, for permit processing and the application for design review. He provided some background information on how permits are processed and how design review is done. He said that this is a legislative action that requires public notice and a hearing. There are rules for each step of the permit process, and they are written and governed by the Tukwila Municipal Code (TMC). One of the most important issues for people applying for a permit is the "shot clock". The TMC allows for a permit to be reviewed for up to 120 days, which is the amount of time when someone has applied for a permit, and it has been determined by the permit department that they have submitted everything that is required to be reviewed for compliance. Currently, a final review determination must be issued within 120 days. The "shot clock" stops if the applicant is required to resubmit requested information or it has been determined a permit is not in compliance per the TMC and needs to be corrected. The "shot clock" starts again once there are submittals. Staff noted that the Tukwila Zoning Code is several decades old and has been amended multiple times, which has caused the permit types and processes to become cluttered and repetitive. The goal is to simplify and clarify the code. Design review is one type of permit that is required for certain larger commercial projects and almost all multi -family projects. There are two different kinds of design reviews: administrative or public hearing design review. Design review governs the aesthetic standards for buildings. Administrative design review permits are reviewed by staff The standards for public hearing design review are the same, but the review procedures are different. For these projects staff and the applicant create a presentation and present it to the Board of Architectural Review (BAR), which is the PC who also sits as the BAR body. The BAR applications are infrequent and take a lot longer to schedule and are more legally binding with potential consequences. Background was also provided on two major new bills, SB 5290 and HB 1293, which changed everything about how permits are reviewed. SB 5290 broke out the review timelines based on the depth of review for new permit timelines. For projects that do not require public notice the "shot clock" changed from 120 days to 65 calendar days including weekends. For projects that do require public notice but do not require public hearing the "shot clock" is now 100 calendar days. For projects that require both public notice and public hearing the "shot clock" is 170 calendar days. HB 1293 severely limits the BAR to either approve or deny a permit since only one public hearing can be held. The city is required to adopt the new permitting timelines to comply fully with SB 5290. The PC would no longer sit as a BAR body if approved. Other standards for HB 1293 will be addressed in the future. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 60 Planning Commission Minutes 6/27/24 Page 5 Staff also addressed clarifying questions for the PC. Some PC were in opposition of the BAR no longer reviewing design review permits. Recommendation Staff requests that the PC forward a recommendation for adoption of the amendments to Title 18 — Zoning to the CC for their review and approval. Chair Probst opened the public hearing. Public Testimony There was no public testimony. Chair Prost closed the public hearing. Deliberation Two PC expressed an interest in conducting administrative design review hearings in addition to staff. The PC does not have the ability to hold administrative design review hearings. A request was made for PC to receive a briefing on submitted administrative design review projects. Motion Commissioner Probst moved that the Zoning Code amendments pertaining to permit processing and other code clarifications as provided in the Commission packet are approved and forwarded to the CC for their approval. Commissioner Kaehler seconded the motion. There was one vote against. Motion carried. Director's Report There will not be a PC meeting in July. Regulations around middle housing to add new housing types to the low -density residential zones for townhouses, courtyard apartments, small apartment buildings, as well as design review regulations will come to the PC in the fall for their review. PC were informed about a Sound Transit meeting regarding a deferred light rail station at Boeing Access Road from the first package of Sound Transit improvements, as well as the deferred Graham Street Station on July 17, from 4:30 p.m. - 7:00 p.m. Adjourn Commissioner Durant moved to adjourn. Commissioner Ho seconded the motion. Motion carried. Adjourned: 8:32 p.m. Submitted By: Wynetta Bivens PC Secretary Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 61