Download - Jeff McInnis City of Tacoma Anna Petersen
City of Tacoma Planning Commission
Chris Beale, Chair Stephen Wamback, Vice-Chair
Donald Erickson Jeff McInnis
Meredith Neal Anna Petersen Brett Santhuff Dorian Waller Scott Winship
The City of Tacoma does not discriminate on the basis of disability in any of its programs, activities, or services. To request this information in an alternative format or to request a reasonable accommodation, please contact the Planning and Development Services Department at (253) 591-5056 (voice) or (253) 591-5820 (TTY).
747 Market Street, Room 345 ❚ Tacoma, WA 98402 ❚ (253) 591-5682 ❚ FAX (253) 591-5433 ❚ http://www.cityoftacoma.org/planning
PRESENTATIONS and HANDOUTS
Regular Meeting on March 16, 2016
1. Marijuana Code Amendments (PowerPoint Slides; for Discussion Item D-1) 2. Code Cleanups (PowerPoint Slides; for Discussion Item D-2) 3. Code Cleanups (Handout; for Discussion Item D-2) 4. Wireless Communication Facilities Code Amendments (PowerPoint Slides; for Discussion Item D-3) 5. Short-Term Rentals (PowerPoint Slides; for Discussion Item D-4)
Tacoma Planning Commission March 16, 2016
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Agenda
• Summary of Public Testimony • Discussion of Staff Recommendations
• Discussion and Comparison of Key Options
• Review Maps • Review Schedule
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Discussion of Staff Recommendations
• Balance and address issues • Cultural shift needs time to occur • Moderated approach to normalization • Continue to be leader in providing medical
and recreational access • Provide adequate and ample commercial and
industrial land for these uses, while also providing reasonable controls for its citizenry
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Key Options
• Buffers for retail marijuana stores
• Dispersion of retail marijuana stores • Medical Endorsement for retail marijuana Stores
• Cooperatives • Cap on retail marijuana stores
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Comparison of Options
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Existing Regulations Public review Draft Staff Recommendations Buffer 1000’ from elementary and secondary
schools and playgrounds (State law) 1000’ from child care, arcades, libraries, parks, transit centers, rec centers 1000’ from correctional facilities, court houses, Drug rehab and detox centers (retail uses only)
1000’ from elementary and secondary schools and playgrounds (State law) Reduce buffers from child care, arcades, libraries, parks, transit centers and rec centers from 1000 to 100 feet Reduce buffers from correctional facilities, court houses, drug rehab and detox centers from 1000 to 300 feet (retail uses only)
1000’ from elementary and secondary schools and playgrounds (State law) Reduce buffers from child care centers, game arcades, libraries, public parks, public transit centers, and recreation centers in Downtown from 1000 to 500 feet Reduce buffers from correctional facilities, court houses, drug rehab and detox centers in Downtown from 1000 to 500 feet Keep all buffers at 1000’ outside Downtown
Dispersion Not required Dispersion of 300’ Downtown; 500’ elsewhere
Dispersion of 500’ Downtown; 1000’ elsewhere
Medical Endorsement
N/A Require all retailers to have medical endorsement
Require 50% of retailers to have medical endorsement
Cooperatives Allow coops; buffer 1-mile from retailers and between 1000 and 100 feet from sensitive uses (State law)
Allow coops; reduce buffers from 1000 to 100 feet from sensitive uses
Allow coops; maintain 1000 foot buffers from sensitive uses
Cap No cap No cap
Set cap of 16 retailers
Recommended Amendments
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Recommended Amendments
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Recommended Amendments
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Public Review Draft Amendments
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Public Review Draft Amendments
Public Review Draft Amendments
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Proposed Schedule March 2 Planning Commission – Public Hearing; leave record open through March 7
March 15 Cross District Association – Informational Meeting
March 16 Planning Commission – Review public comments, discuss revisions to the proposal and provide guidance to staff
April 6 Planning Commission – Make final recommendation to the City Council
March 18 Weekly Letter – Forward Commission’s recommendations to Council
April 12 (tentative) City Council – Set a public hearing for April 26
April 26 (tentative) City Council – Study Session
April 26 (tentative) City Council – Public Hearing
May 3 (tentative) City Council – Study Session
May 3 (tentative) City Council – First reading of ordinance adopting proposed amendments
May 10 (tentative) City Council – Final reading of ordinance
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Code Cleanups
Planning Commission March 16, 2016
Comp Plan Consistency
• Mixed-use Center names and typology • Intensities Designations • Habitat Corridors Open Space Corridors • Capital Facilities Element Public Facilities
and Services Element
Shoreline Code
• Based on best available science review and amendments to 13.11 critical areas preservation ordinance adopted in 2015
• Wetland Rating System scoring change • References • Applicability
Non-Conforming Uses
• Current code allows for expansion and change of use
• Expansion criteria limit the impacts from the use. Expansion or change in use will not: – Expand hours of operation – Increase outdoor storage of goods or materials – Exceed maximum noise levels – Increase substantial glare or light trespass – Increase trip generation by more than 10%
Conditional Use Criteria For NCU
• Standard criteria: – Consistency with Plan – Mitigation of impacts
• New criteria: – Rezone is inappropriate – Positive impact – Comes into compliance, to the extent practicable,
with certain codes • Landscaping and buffering, pedestrian and bicycle support,
off-street parking and storage areas.
Other Minor Cleanups
• Mobile home/trailer court definition • Conditional use criteria references
• New Topic: Fix reference loop between MUC
Height Bonus Palette and TMC 1.39 Affordable Housing Incentives Code
Recommendation
• Release for public review • Public Hearing – May 4, 2016 (tentative)
Wireless Communication Facilities Code Amendment An Application for 2016 Annual Amendment
Planning and Development Services
Planning Commission March 16, 2016
Scope of Work • Code Amendment:
– TMC 13.06.545 Wireless Communication Facilities
• Objectives: – To comply with Sec. 6409 of the Middle Class Tax Relief and
Job Creation Act of 2012 and the FCC’s rules – To minimize visual impacts of wireless communication facilities
• Key Revisions: – Respond to FCC rules – Address visual impacts – Enhance code language
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Key Revisions (Respond to FCC rules)
• 13.06.545.E.1 – Level 1 (p. 3) – Modifications to be limited to cumulative changes per FCC
criteria.
• 13.06.545.H.8 – Minor Modifications (p. 9) – Incorporate FCC criteria for “substantial changes”.
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Key Revisions (Address visual impacts)
• 13.06.545.E.1 – Level 1 (p. 3) – Prohibit rooftop antenna under Level 1 modifications.
• 13.06.545.G.3.a – Facility Preference (p. 6) – Collocation and concealed/flush-mounted preferred over
non-concealed.
• 13.06.545.H.1 – Visual Impacts (p. 6) – Add siting criterion; Add that intent also applies to View
Sensitive, Historic and Conservation Overlay Districts
• 13.06.545.H.1.a – Site Location and Development (p. 7) – Encourage flush-mounting and color-matching and allow
alternative designs
• 13.06.545.H.1.a – Site Location and Development (p. 8) – Add photos examples (next slide)
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Building-Mounted Facilities
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Key Revisions (Enhance code language)
• 13.06.545.E.1 – Level 2 (p. 3) – Level 2 also includes building-mounted antennas that
exceed the associated limitations of Level 1 facilities.
• 13.06.545.E.1 – Use Table (p. 4) – Re-group zoning districts and remove a redundant footnote
(see next slide).
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Use Table (proposed)
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Wireless Facility Use Category Zoning District Classifications
R-1; R-2; R-2SRD; R-3; R-4; R-4L; R-5; T; HMX; DR; NRX
PDB; C-1; C-2, NCX; CCX; RCX; URX; UCX; DCC; DMU; WR
CIX; M-1
M-2; PMI
Level 1 A1, 3 A A A
Level 2 C3 C2 A A
Level 3 C3 C C A
Level 4 C3 C C C Symbols: A - Allowed with administrative review C - Allowed only with approval of a Conditional Use Permit Footnotes: 1 - Permitted on public facility sites, subject to administrative review and building permit. 2 - Allowed 16 feet above underlying zoning district height limit, except in the C-1, C-2, and NCX Districts. 3 - New wireless communication towers and antennas prohibited in R-1, R-2, R-2SRD, and R-3 Districts, except on public or quasi-public property developed with existing public or quasi-public facilities and properties developed with existing wireless communication facilities.
Next Steps • March 16 Release proposal for public review • April 6 Release 2016 Annual Amendment
Package for public review • May 4 Public Hearing
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Planning Commission March 16, 2016
Short-Term Rentals An Application for 2016 Annual Amendment
Planning and Development Services
Presentation Outline
Background Existing Regulations Approach / Options Benchmarking Proposed Framework for Code Amendments
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Current Situation
Growing peer-to-peer rental market – Short-term, transient lodging – Largely in single-family homes – Some apartments, condos
Lodging coordinated via online “home sharing” companies – Airbnb, VRBO,
HomeAway, Couchsurfing, Roomarama
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Common Issues Potential Concerns
– Non-Residential/Commercial Use in “residential” areas – Maintaining “neighborhood character” – Tenant behavior/accountability – Owner oversight – Potential increased safety concerns
Potential Benefits – Alternative form of lodging – Supports tourism/visitors – Supplemental income – Efficient use of structures – Entrepreneurial
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Approach / Options
Remain Silent / Keep Monitoring; Prohibit; or Allow:
– Modify how we regulate Short-term Rentals – Zoning Component – Tax and Licensing Component
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Benchmarking San Francisco
– Owner/tenant-occupied – No time limits – Not owner/tenant-occupied – Max. 90 days per year – Register with City, special fee, insurance, confirmation
of meeting codes
New York City – Short Term Rentals generally not allowed
Portland – Must live there at least 270 days/year – Special fee and permit approval required (Conditional
Use if more than 3 rooms) – Regular inspections, neighborhood notification, guest
log books, City lodging tax, etc. 6
General Trends Some jurisdictions regulate and many do not Greater focus in vacation destinations
– Chelan, Long Beach, San Juans, Portland, San Francisco
Some jurisdictions include zoning limitations – Limitations on where allowed – Limitations on size, frequency and/or duration
Some require special licensing – Confirmation that site meets standards – Regular inspections – Insurance requirements – Improved collection of lodging taxes
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Current Regulations
Do not address short-term rentals Do not address rentals of the whole house Do not address owner occupancy
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Proposed Regulatory Framework
Define “Short-Term Rentals” Requirements:
– Registration and annual inspection – CUP for accessory activities – Owner occupied – Safety signs – 600-ft dispersion for 3-9 rooms or whole house
Existing STRs have 6 months to register
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Use Table (Current)
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1 room 2 rooms 3-9 rooms Dwelling* R-1 N N N ? R-2 P N N ? R-2SRD P N N ? HMR-SRD P N N ? R-3 P P N ? R-4L P P N ? R-4 P P CU ? R-5 P P CU ? T P P P ? C-1 P P P ? C-2 P P P ? URX P P P ? NRX CU CU CU ? RCX P P P ? NCX P P P ? UCX P P P ? HMX P P P ? N = Not Allowed; P = Permitted; CU = Conditional Use Permit *Code is silent related to short term rental of entire dwellings
Lodging house. A building with not more than nine guest rooms where lodging or lodging and boarding is provided for compensation. This use, which includes bed and breakfasts, is often operated in conjunction with, and within a single-family detached dwelling.
Use Table (Proposed)
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Short Term Rental. The rental of one or more rooms (but not more than 9 rooms) within an owner occupied dwelling, or the rental of an entire dwelling, for less than 30 days. Includes bed and breakfast.
1-2 rooms* 3-9 rooms* dwelling* R-1 P / CU N P / CU R-2 P / CU N P / CU R-2SRD P / CU N P / CU HMR-SRD P / CU N P / CU R-3 P / CU P / CU P / CU R-4 P / CU P / CU P / CU R-4L P / CU P / CU P / CU R-5 P / CU P / CU P / CU T P P P C-1 P P P C-2 P P P URX P P P NRX P / CU P / CU P / CU RCX P / CU P / CU P / CU NCX P P P UCX P P P HMX P P P N = Not Allowed; P = Permitted; CU = Conditional Use Permit *Subject to standards
Next Steps
March 16 Approval of approach / framework April 6 Review of code changes (text) April 6 Release (along with 2016 Annual
Amendment Package) for public review
May 4 Public Hearing May-June Recommendation to City Council
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