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HomeMy WebLinkAboutOrd 2731 - Align Accessory Dwelling Unit with State LawCi of Tu a Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, VVASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) SECTIONS 18.50.055 AND 18.50.220; AMENDING TABLE 18-6; TO ENSURE ACCESSORY DWELLING UNIT REGULATION COMPLIANCE WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila is an incorporated city within a fully planning jurisdiction under the Growth Management Act (GMA), per RCW 3610A.040; and WHEREAS, the City of Tukwila is subject to the provisions of Engrossed House Bill ("EHB") 1337 as a fully planning jurisdiction; and WHEREAS, Tukwila Municipal Code (TMC) Section 18.50.055 establishes exceptions from Single -Family design standards relating to Accessory Dwelling Units, and WHEREAS, TMC Section 18.50.220 establishes development regulations related to Accessory Dwelling Units; and WHEREAS, Table 18-6 of the TMC establishes the zoning districts that Accessory Dwelling Units may be permitted within; and WHEREAS, on November 6, 2023, the City Council passed Ordinance No. 2716, updating many of the development regulations existing within the TMC regarding Accessory Dwelling Units that were non -compliant with EHB 1337; and WHEREAS, the City has identified sections of the TMC that require further updates to be compliant with EHB 1337; and WHEREAS, on May 22, 2024, the City submitted the proposed amendment to the Washington State Department of Commerce for its expedited 30-day review and received documentation of completion of the procedural requirement (Submittal ID 2024-S-7090); and 2024 Legislation, Amend ADU regulations Version. 7/19/24 Staff: Gloor Page 1 of 4 WHEREAS, in taking the actions set forth in this ordinance, the City has complied with the requirements of the State Environmental Policy Act, Chapter 43.21C RCW; and any action taken by a city to comply with the requirements of EHB 1337 is not subject to legal challenge under chapter 43.21C RCW; and WHEREAS, the Tukwila Planning Commission held a duly noticed public hearing on May 23, 2024; and WHEREAS, based on careful consideration of the facts and law, the City Council finds that the proposed amendments attached and incorporated herein should be approved as presented; 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 are consistent with EHB 1337. Section 2. TMC Section 18.50.055 Amended. Ordinance Nos. 2678 §14; 2581 §10; 2368 §52; and 2098 §3, as codified at TMC Section 18.50.055, "Single -Family Design Standard 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 part of the building permit approval process. 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 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 entrance is oriented to take advantage of a site condition such as a significant view; or c. The entry feature is integral to a unique architectural design. 2024 Legislation; Amend ADU regulations Version: 7/19/24 Staff: L Gloor Page 2 of 4 B. The design standards required in TMC Section 18.50.050 (5) and (6) may also be modified by the Community Development Director as part of the building permit approval process 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. Section 3. TMC Section 18.50.220 Amended. Ordinance Nos. 2716 §5 and 2581 §11 as codified at TMC Section 18.50.220, "Accessory Dwelling Unit (ADU) Standards," subparagraph B.3, are hereby amended to read as follows: 18.50.220 Accessory Dwelling Unit (ADU) Standards B. General Standards. 1. Two (2) ADUs may be created per lot. The lot shall contain one (1) principal unit and a maximum of two (2) ADUs. These ADUs may be either attached or detached. 2. Attached ADUs may occupy a maximum of 40% of the square footage of the principal unit (excluding the area of any attached garage) or up to 1,000 square feet, whichever is greater. 3. Detached ADUs may be a maximum of 1,000 square feet. 4. Detached ADUs may be up to 25 feet in height. 5. ADUs are subject to the development standards of the zoning district they are located within. Development standards relating to setbacks and development coverage do not apply to conversions of existing non -conforming structures that are proposed for ADU conversion. New ADUs are not subject to rear yard setbacks on parcels where the rear yard abuts an alley. 6. ADUs may not be rented for periods of less than 30 days. Section 4. 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. Section 5. 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 6. 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. 2024 Legislation: Amend ADU regulations Version: 7/19/24 Staff: 1. Gloor Page 3 of 4 Section 7% 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 a Special Meeting thereof this s day o ATTEST/AUTHENTICATED: Andy Yon, C C, City Clerk APPROVED AS TO FORM Office of the City Attorney Attachment: Exhibit A, Table 2024 Legislation: Amend ADU regu tions Version: 711 gtt Staff: 1, Glom WASHINGTON 2024. Filed with the City Clerk: y I Passed by the CityCouncil: Published: Effective Date: Ordinance Number: and Uses Allowed by District' City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2731. On July 22, 2024, the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2731: AN ORDINANCE OF THE CITY COUNCIL OF CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) SECTIONS 18.50.055 AND 18.50.220; AMENDING TABLE 18-6; TO ENSURE ACCESSORY DWELLING UNIT REGULATION COMPLIANCE WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Andy Youn, Records Governance Manager/City Clerk Published Seattle Times: July 25, 2024 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 HOR 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 Adult day care Adult entertainment (subject to location restrictions') Airports, landing fields d heliports (except emergency sites) Amusement Parks Animal shelters and kennels subject to additional S regulations (less than 4 cats dogs = no permit) e and local Animal Veterinary, including associated temporary indoor boarding; access to an arterial required Bed and breakfast lodging for not more than twelve guests5 lodging (no size Bicycle repair shops Boarding Homes A A A INN 1111111 _-__=-_®=�u1_QIMIIIIIIIMMI111111111•1111111111111111111•111•1111111111=1111111111 INN !'� 111111.11111111111111111101111111111111' •.__EEP■•-- ='_.____ -®®,_-' --'-�.�--■- - P !! P P P PP P P PP Brew Pubs Bus stations Cargo containers (*see also TMC 18.50.060) Cemeteries and crematories Colleges and universities Commercial laundries 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) P P _® A&S P P _ _-.� A&5 ! P E P ■_ ®1111111111111111®®.1111 C 1©©11111•111 -_111111-1111.. A& P A&S A&S P P P P P P P P P P P P P7 P7 A&S P7 P P P8 P P8 P P C6 P C6 P lard Adopted 2016 - Ordinance No. 2500 Last Amended 2024 - Ordinance No. 2731 Page 1 Continuing care retirement facility Convalescent & nursing homes & assi than twelve .atients ed living facility for not more Convalescent & nursing homes & assisted living facility for more than twelve patients Daycare Family Home (Family Child Care Ho e)'2 Diversion facilities and dive Strander Blvd on interim services facilities south of ® P P P P P P P ..E.0 C®' 11111...11 P P ® P P ME Domestic Shelter Dormitory Dwelling 6 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. Dwelling- Detached Zero -Lot Line Units Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units Dwelling- Townhouses P P iE= P P P P P P P 1111 1111 NMI INN MI A A A A ■111®1111 A111111111111111111111111111111111111111111111111111 Mill A ®11111111 C A13 A13 A13 A13 A13 A13,MEM IIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIEIIMIUMIEI El MINIM ION IIIIIIIIIII Dwelling — Multi -family units above office and retail uses Dwelling — Senior citizen housing, including assisted living facility for seniors *see purpose section of chapter, uses sections, and development standards Dwelling unit — Accessory Il6 Electrical Substation — Distribution Electrical Substation —Transmission/Switching P P P P meeting density and all other MDR standards P A. P P 60/ac A A P P P 60/ac P 60/ac P 60/a P P P P A P P A C P A13 P A13 P MIR 1111111111111111111 P P , P llI,,... A I C15 2 2/ ac C15 100O ac A A Paget Electric Vehicle Charging Station — Leve Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations, (TMC 18.50.1.40) Emergency Housing Emergency Shelter Essential public facilities, except those uses listed separately in any of the other zones Extended -stay hotel Farming and farm -related activities Fire & Police Stations Fraternal organizations 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 Greenhouses (noncommercial) and storage sheds not exceeding 1,000 sq./ft Greenhouses or nurseries (commercial) Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) Heavy equipment repair and salvage Helipads, accessory Home Occupation (Permitted in dwellings as covered in TMC Section 18.06,430.) Hospitals Hotels Hydroelectri nil private utility power generating plants Industries involved with etching, film proces publishing Internet 0 a elecommunication Centers g hography, printing and A A A Landfills and excavations which -the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant U H U environmental actions Laundries; self -serve, dry cleaning, tailor, dyeing Libraries, museums, or art galleries (public) Manuf./Mobile home park 17 c P A P P P P P P P P Page 3 Manufacturing and industrial uses that have ilttle 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 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 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 ID) 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) Fermenting and distilling included ii) No fermenting. and distilling 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) (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) 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 I) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and Eight machinery, tools, airplanes, boats or other transportation vehicles and equipment E) Heavy metal processes such as smelting, blast furnaces, drop forging or drop hammering P18 P1 P18 P Page 4 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 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 Marijuana producers, processors, or retailers (with state issued license Mass transit facilities Medical and dental laboratories Minor expansion of an existing warehouse 2° ortician and funeral homes Motels Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, computer software development, business, e.g. travel, real estate & commercial Office or sample room for wholesale or retail sales, with less than 50%© storage or warehousing Park & ride lots Parking areas Parking areas, for municipal uses and police stations Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation Pawnbroker/Payday lender Permanent Supportive Housing Planned Shopping Center (malt' Radio, television, microwave, or observatio Railroad freight or classification yards Railroad tracks (including lead, spur, loading or storage) tions and towers U P P3; c c P C MI 1111.1111111 MI IN MIPMI Ell NOMP � V P P P P '.MIME P PII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III __M P22 P 1111111111 MENEM A P P38 NMI A c A P38 P A P P38 P P P P P P P P P P9 C10 P24 25 P P 111111311111 A A P P P38 P3 P38 c A C A P P P P iii P38 EN 11111111111111111111 I MIMIP P P PMEI P P P A P c P38 P C c c c P2 P23 c A P38 P38 P19 P 1111111211 P38 P P38 P P P26 Page 5 Recreation faci co ercia indoor) — athletic or health clubs Recreation facilities (commercial — indoo skating rinks, shooting ranges including bowling alleys, Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields Recreation facilities (public), including, but not Limited to sports fields, community centers and golf courses Recreational area and facilities for employees Religious facilities with an assembly area less than '75© sq:ft. Religious facilities with an assembly area greater than 750 sq. associated community center buildings and Removal and processing of sand, gravel, rock, peat, black soil and natural deposits together with associated structures Rental of vehicles not requiring a commercial driver's license her IIIIII 1111.11111111 III P P P P P P IIII 11111111 1111111111111111111111111111111111 1011.11.11111111111111111111101111111.11111 1111111111111111 A A A A A A A A A A A MI IMMEMMiiiMMOMINEMEMENEI MEM= MIR iniiiiiii Mini. IIIIIIIIIIIIIIII P36 P P P- P P EI P 1111 P IEEE EMU IIIIIIIIIIIMIII momminiminimuzi IIMIIIMIIIIIIII P P El 1111111111111111111111111111111 11111111.11111 P P P P C3 C3 P P IN P P� P P5 P35 I, 111111111111 M. P P li P P P111 iiMMEMilaiiiiiniiP P Pii P iliN 11111111111111111111111111111111111111.111111t111 inim P P P P P P P P P C© P27 P P ill il�h^Far mom.= Rental of commercial trucks and fie driver's license entats requiring a commercial Residences for security or maintenance personnel Restaurants, drive- hrough permitted Restaurants, drive -through not permitted Retail, Genera Sales and rental of heavy machinery and equipment subje requirements of TMC Chapter 18.52* Salvage and wrecking operations Salvage and wrecking operations which ar building Sanitariums, or similar institutes o landscaping ntirely enclosed within a Schools and studios for education or setf-improvement Schools, preschool, elementary, junior & senior hig and equivalent private schools Secure community transition facili choo pubti C C A P A P A C 111111111111111111111111111 P A P P P P P P P P P P P Page 6 c44144 44v, 111111)., t77; k 111 ,01MIONPRONONNOINSMOefiiMW01,10114 .47A4'.20*4,14.40CNNPAtNi4M0900,400014300(Pl" 411t) 07444* Self -storage facilities Transfer stations (refuse and garbage) when operated by a public agency Transitional Housing Truck terminals Utilities, regional Vehicle sales lot2 Vehicle service station Vehicle storage (no customers onsite, does not include park -and -fly operatio Warehouse storage and/or wholesale distribution facilities Water pump station Water utility reservoir and related facilities Wireless Telecommunications Facilities (*see TMC Ch. 18.58) A29 A29 P38 P38 P38 P38 P38 P38 P P P P38 P P P P P38 P P P P P P u P38 P P Note: The Director of Community Development will make o 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. P c P P P 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; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel; or (c) public library.. b. The distances specified in TMC Section 18,30,020 1,a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be locals, to the nearest point of the parcel of property or land use district boundary line from which he proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment, 2. No dismantling of cars or travel trailers or sale of used parts allowed, 3. Retail sales 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 safes 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 struclured parking facility located within a structure having substantial ground floor retail or commercialcommerciat 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 feel 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, financialservices, schools for professional and vocational education ifammociutedwith an established aviation, manufacturing or industrial use, less than 20,000 square feet, This category does not include outpatient medical and dental clinics, 100ffices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education it associated w4h an established aviation, manufacturing orindustrial use, 2O.000square feet and over, 11. Correctional institution operated bythe City of Tukwila, 12, Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agencyandxhaNmwideayafepaxmynge,bsdinQzome 13.Dormitory as an accessory use toother uses that are otherwise permitted mapproved conditional uses such echurches, universities, colleges mschools. 14. Dwelling ' multi -family units onalot that does not front ooTukwila International Bou|ovard&mth.m/Woo Wthe HDRrequirements ofTMCSection 1&,5U.0B Maximum Building Length, and TMCSection 1&52.08D.J4.Recreation Space Requirements. 15. Dwelling ' Multi -family units (Mux.22.Ounfte/oumexcept senior citizen housing which ballowed tu1OOmnin/uum.uoomixed-use development that ienon-industrial inoatom)|must belocated mnproperty adjacent to and not greater than 5,00feet from the Green River, Tukwila Pond, orMinklerPnod. 15. SeoTMC Section 18.50.220for accessory dwelling unit standards, 17, Manufacturedimobile home park, meeting the following requirements: a the development site shall comprise not less than two contiguous acea; b overall development density -shall not exceed eight dwelling units per acre: o, vehicular access toindividual dwelling units shall bpfrom the interior of the park; and d. emergency access shall be subject to the approval of (he Tukwila Fire Department, 18' NCCallows businesses that include uretail component ioconjunction with their manufacturing operation and meeting other performance standards ofChopter18.22,These businesses may manufacture, process, assemble andlorpackage the following: o. foods, including but not limited {obaked goods, beve/agoo,candy'cannedurp,00ervedfoods.dairypmduohmndbypmdootsfrozen foods, instant foods and meals (no olaughi*hng)� b, pharmaceuticals and related products such mmcosmetics and dmgm� o, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and *mN� d, electronic, mechanical, nrpr*dnioninstruments; a, other manufacturing and assembly otasimilar light industrial charuoler� f� industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on: awalk-in basis,; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their servicestothe local populace onuwalk-in basis and meeting the CMy`operformance standards, 13. Where the underlying zoningisH|orTVl 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 it 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 09120/2003, (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 12/1111995 (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 far 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 activitylfaciIity as defined in RCW 71,09.020 as amended, that include: (a) Public and private schools: (b) School bus stops; Page 10 (3) (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. One mile from any existing secure community transitional facility or correctional institution, b, No secure community transition facility shall be allowed an 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. o, 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 2'0,000 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 Banes 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. Pape 11 37. Subject tcc the criteria and conditions at TMC 18.50,250 and 18.50, 7 , 38.. Subject to the criteria and conditions at TMC 18,50, 60 and 18.50. 70, P$ 1