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

3

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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