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HomeMy WebLinkAboutPlanning 2024-06-27 Minutes - Tiny Home Village / Permitting Process and Compliance with Recent LegislationDepartment of Community Development - Nora Gierloff, AICP, Director CITY OF TUKWILA PLANNING COMMISSION (PC) MINUTES Thomas McLeod, Mayor 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. Tukwila City Hall = 6200 Southcenter Boulevard = Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Planning Commission Minutes 6/27/24 Page 2 Public Hearing Chair Probst opened the public hearing for: File Number L24-0026 - Tiny Home Village (THV) — Zoning Code Amendment 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 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 kitchen 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 peiivanent 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 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. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Planning Commission Minutes 6/27/24 Page 3 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 infoiivation on what a THV is and what their 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 peiivanent 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 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 requested 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. Recommendation Staff recommended PC move forward the zoning regulation for the THV to CC as proposed by staff. Public Testimony There was no further public testimony. Chair Probst closed the public hearing. Motion and Deliberation 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. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Planning Commission Minutes 6/27/24 Page 4 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. Chair Probst opened the second public hearing for: 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 peiinit processing and the application for design review. He provided some background infoiivation on how pennies 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 peiiuit process, and they are written and governed by the Tukwila Municipal Code (TMC). One of the most important issues for people applying for a peiiuit is the "shot clock". The TMC allows for a peiiuit to be reviewed for up to 120 days, which is the amount of time when someone has applied for a peiinit, and it has been deteiiuined by the peiiuit department that they have submitted everything that is required to be reviewed for compliance. Currently, a final review deteiiuination must be issued within 120 days. The "shot clock" stops if the applicant is required to resubmit requested infoiivation or it has been deteiiuined a peiinit 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 peiinit types and processes to become cluttered and repetitive. The goal is to simplify and clarify the code. Design review is one type of peiiuit 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 pennies 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 pennies are reviewed. SB 5290 broke out the review timelines based on the depth of review for new peiiuit 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 peiiuit since only one public hearing can be held. The city is required to adopt the new peiiuitting 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. Staff also addressed clarifying questions for the PC. Some PC were in opposition of the BAR no longer reviewing design review peiiuits. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Planning Commission Minutes 6/27/24 Page 5 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. 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 pelf it 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 infoiiued 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 Adopted: 12/12/24 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov